City of Arnold, MO Zoning

Editor's Note: Former Chapter 405, Zoning, containing Sections 405.010 through 405.1550, was completely reorganized and updated 10-15-2020 by Ord. No. 14.545. All prior histories were removed, however same exist in archived copies of this Code if needed.

Section 405.020 Intent And Purpose.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]

This Zoning Ordinance is adopted for the following purposes:

To promote the public health, safety, comfort, morals, convenience and general public welfare;

To protect the character and the stability of the residential, commercial, and industrial areas within the City of Arnold and to promote the orderly and beneficial development of such areas;

To provide adequate light, air, privacy and convenience of access to property;

To regulate the intensity of use of land and lot areas and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air and to protect the public health;

To lessen or avoid congestion in the public streets;

To provide for the needs of industry, business, and residents in future growth;

To promote healthful surroundings for family life in residential areas;

To fix reasonable standards to which buildings or structures shall conform;

To prohibit uses, buildings or structures which are incompatible with the character of development or the uses allowed within specified zoning districts;

10.

To prevent such additions to, or alteration or remodeling of, existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder;

11.

To protect against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare;

12.

To prevent the overcrowding of land and undue concentration of structures, so far as is possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding them;

13.

To conserve the value of land and buildings throughout the City of Arnold;

14.

To provide for the gradual elimination of non-conforming uses of land, buildings and structures which are adversely affecting the value of desirable development in each district;

15.

And to define and limit the powers and duties of the administrative officers and bodies as provided herein.

Section 405.030 Rules And Definitions.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]

For the purpose of this Chapter certain words and phrases are herein defined. Words and phrases defined herein shall be given the defined meaning. Words and phrases which are not defined shall be given their usual meaning except where the context clearly indicates a different or specific meaning. Where words and phrases utilized in this Chapter are associated with the right to legal access of marijuana, definitions contained in Article XIV of the Missouri Constitutions may be applicable, as determined by the City.

[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]

Rules.

Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural, the singular.

The word "shall" is mandatory and not discretionary.

The word "may" is permissive.

The word "lot" shall include the words "plot," "piece," "parcel," and "tract;" the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

The word "dwelling" includes the word "residence."

Definitions. Unless the context otherwise requires, the following definitions shall be used in the interpretation of this Chapter:

ACCESSORY BUILDING

Any building, the use of which is incidental to the principal use of another.

ACCESSORY STRUCTURE

Any structure, the use of which is incidental to the principal use of another structure on the same premises.

ACCESSORY USE

A use incidental and subordinate to the principal use of the premises.

ADULT BUSINESS

Any business enterprise as defined in Chapter 635 of the Municipal Code.

AIRPORT

An area of land or water that is used or intended to be used for landing and takeoff of aircraft and including its buildings and facilities if any.

AMBIENT NOISE LEVEL

The A-weighted sound pressure level of all the encompassing noise associated with a given environment, being usually a composite of sounds from many sources.

AMUSEMENT CENTER/ARCADE

A place of business within a building or outdoor structure or any part of a building having more than twenty (20) amusement vending devices, whether operated mechanically, electronically or by any other means, which are used for the purpose of public entertainment through the operation, use, or play of any table game or other device or system, including any electronic game which is operated by placing therein any coin, plate, card, disc, slug, key, or token of value by payment of a fee.

[Ord. No. 14.560 (2834), 8-4-2022]

ANIMAL (VETERINARY) HOSPITAL AND CLINIC

A facility for the diagnosis and treatment of diseases and injuries of animals.

ANIMAL SLAUGHTERING, MEAT PACKING or RENDERING

A facility used for the killing, processing and packaging of animals.

APARTMENT

A room or suite or rooms within a building provided with separate cooking facilities and intended as a single dwelling unit.

ATHLETIC FIELDS

An unenclosed area used for the purpose of game areas, i.e. baseball, football, soccer, etc.

AUDITORIUM

A building or a portion of a building used for public meetings or artistic performances.

AUTOMATIC VENDING MACHINES

Machines used for the sale of commodities.

A-WEIGHTED SOUND PRESSURE LEVEL

A weighted sound pressure level as measured with the A-weighting network of a sound level meter. The unit of measurement is dB(A).

BAR/COCKTAIL LOUNGE

An establishment licensed as a bar under the liquor laws of the State that draws seventy percent (70%) of its total revenue from the sale of liquor.

BARBER OR BEAUTY SHOP

A facility for the business of cutting, treatment and styling of hair.

BASEMENT

A floored and walled substructure of a building at least fifty percent (50%) below the average finished grade of the building.

BOAT DOCKS

A water based facility to receive boats for loading, unloading, and repairs.

BOATING

The riding in a boat for pleasure.

BUILDING

A structure that is permanently affixed to the land, has one (1) or more floors and a roof, and is designed or intended for use as a shelter.

CAMPING

The temporary lodging in a tent or recreational vehicle.

CAR SALES

The retail or wholesale of new or used cars, trucks, motorcycles, recreational vehicles, boat, utility trailers, other motor vehicles, and/or construction equipment as the primary activity on the property. Accessory uses to car sales may include repair services and selling of replacement parts and accessories.

CEMETERY

A place for burial of the dead, including crematory facilities as an accessory use.

CHILDREN'S AMUSEMENT PARK

A commercially operated enterprise that offers rides, games and other forms of children's entertainment.

CHURCH

A permanent building primarily and regularly used as a place of religious worship.

[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]

CIGAR OR NEWSPAPER STAND

A small temporary facility with the principal purpose of selling cigars and newspapers.

CLINIC

A facility operated by one (1) or more physicians, dentists, psychiatrists, psychologists, mental health counselors, optometrists, ophthalmologists, chiropractors, rehabilitation therapists, or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis, including but not limited to diagnostic services, blood donation stations, infusion centers, surgery centers, and urgent care facilities.

CLUB

A building or a portion of a building intended to be used as a center of informal association for a selective membership not open to the general public.

COMMERCIAL AND INDUSTRIAL DOCK FACILITIES

A facility used for the receiving, distribution and sending of commodities via various modes of transportation.

COMMERCIAL SITE PLAN

See "SITE PLAN (DEVELOPMENT PLAN)."

COMMUNITY CENTER

A facility maintained by a public agency or by a not-for-profit community or neighborhood association primarily for social, recreational, or educational needs of the community or neighborhood.

COMPREHENSIVE (MARIJUANA) FACILITY

A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused product manufacturing facility, as provided for in the Missouri State Constitution.

[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]

COMPREHENSIVE MARIJUANA CULTIVATION FACILITY

A facility licensed by the State of Missouri to acquire, cultivate, process, package, store on site or off site. transport to or from, and sell medical and nonmedical marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones") to a medical facility, comprehensive facility, or marijuana testing facility, as provided for in the Missouri State Constitution.

[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]

COMPREHENSIVE MARIJUANA DISPENSARY FACILITY

A facility licensed by the State of Missouri to acquire, process, package, store on site or off site, sell, transport to or from, and deliver medical and non-medical marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products and drug paraphernalia used to administer marijuana, as provided for in the Missouri State Constitution.

[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]

COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

A facility licensed by the State of Missouri to acquire, process, package, store, manufacture, transport to or from a medical facility, comprehensive facility, or marijuana testing facility, and sell marijuana-infused products to marijuana dispensary facilities, marijuana testing facilities, or other marijuana-infused products manufacturing facilities, as provided for in the Missouri State Constitution.

[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]

CONSTRUCTION ACTIVITY

Any or all activity necessary or incidental to the erection, demolition, assembling, repairing, altering, installing or equipment of public or private buildings, private or public parks, premises, utility lines, and private or public highways, roads or streets, including land clearing, grading, excavating and filling.

CONSTRUCTION DEVICE

Any device used in construction including, but not limited to, any air compressor, pile driver, manual tool, bulldozer, pneumatic hammer, steam shovel, derrick, crane, steam or electric hoist.

CONSUMER INSTALLMENT LOANS

Secured or unsecured loans of any amount and payable in not less than four (4) substantially equal installments over a period of not less than one hundred twenty (120) days. Licensed under Chapter 408, RSMo., by the Missouri Division of Finance and subject to the rules and regulations of the State of Missouri for consumer installment loans.

DAIRY FARMS

A farm for producing milk and milk products.

DAY CARE

A child-care facility, as defined by Section 210.201, RSMo., or successor provisions, that is licensed by the State of Missouri.

[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]

DEVELOPMENT

The act of changing and the state of a tract of land after its function has been purposefully changed by man including, but not limited to, structures on the land and alterations to the land.

DISTRICT

Zoning district boundaries and established regulations governing the development and use of land therein.

DORMITORY

A building with many rooms providing sleeping and living accommodations for a number of usually unrelated persons; usually associated with an educational institution.

DRIVING RANGE

An open area or an enclosed facility for the purpose of practicing golf shots.

DWELLING

Any building, or portion thereof, used primarily for human habitation, except lodging establishments.

[Ord. No. 14.562 (Bill No. 2848), 1-19-2023]

DWELLING, FOUR-FAMILY

A building designed for or occupied by four (4) families.

DWELLING, MULTI-FAMILY OR MULTIPLE-FAMILY

A building or portion thereof designed for or occupied exclusively by more than four (4) families.

DWELLING, SINGLE-FAMILY

A building designed for or occupied exclusively by one (1) family.

DWELLING, THREE-FAMILY

A building designed for or occupied exclusively by three (3) families.

DWELLING, TWO-FAMILY

A building designed for or occupied exclusively by two (2) families.

DWELLING UNIT

A room or group of rooms located within a dwelling forming a habitable unit for one (1) family.

EMERGENCY SIGNAL DEVICE

Any gong, siren, whistle or any air horn or similar device when used on any vehicle designated as an emergency vehicle by ordinance or by Missouri Statute, or used in connection with an emergency warning system intended to produce a sound signal upon unauthorized entrance by a person into a building or motor vehicle.

EMERGENCY WORK

Work necessary to restore property to a safe condition following a public calamity, or work required to protect person or property from an exposure to danger.

EXPLOSIVES or FLAMMABLE GASES AND LIQUIDS

A substance either of a gas or liquid substance which has volatile characteristics.

EXTENDED STAY LODGING ESTABLISHMENT

A Lodging Establishment where any of the guest rooms are rented to Longer-Term Guests. It is the intent of this ordinance that Extended Stay Lodging Establishments shall only be permitted uses or permitted uses with conditional use permits in those districts where this Chapter specifically lists "Extended Stay Lodging Establishment" as a permitted use or permitted use with a conditional use permit. In those districts where this Chapter only states that "Lodging Establishments" are permitted uses or permitted uses with a conditional use permit, Extended Stay Lodging Establishments are not permitted.

FAMILY

An individual or two (2) or more persons related by blood or marriage or a group of not more than three (3) persons who need not be related by blood or marriage living together and subsisting in common as a single non-profit housekeeping unit utilizing only one (1) kitchen.

FARM

A parcel of land used for growing or raising of agricultural products including related structures thereon.

FILLING STATION

Any structure or premises used for dispensing or sale, at retail, of automotive vehicle fuels or lubricants, including lubrication of motor vehicles and replacement or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair or spray painting.

FINANCIAL INSTITUTION

A State or Federally chartered bank, savings association, credit union, or industrial land company located in a building or portion thereof which provides for the custody, loan, exchange, or issue of money, the extension of credit, or facilitating the transmission of funds, and which may include accessory drive-up units on the same premise. This does not include small loan businesses.

FIRE STATIONS

A building for fire equipment and firefighters.

FIREWORKS STAND

The term "fireworks stand" shall refer to any building, stand, tent, whether temporary or permanent, from which fireworks, as defined herein, are displayed and/or sold for retail purposes as governed by Sections 215.2210 through 215.2350 of this Code.

[Ord. No. 14.551 (2791), 5-20-2021]

FISH HATCHERIES

A facility for the propagation of fish.

FISHING

The act of trying to catch a fish.

FLOODPLAIN

A geographic area susceptible to periodic inundation from overflow of natural waterways and determination as to extent in the City of Arnold Flood Elevation Study made by the Planning Commission.

FLOOR SPACE

The total living floor area of a residence excluding basements and garages.

FOOD AND DRUG STORE

A commercial facility with its principal sales in food and drugs.

FORESTS

A dense growth of trees, together with other plants, covering a large area.

FOSTER HOME FOR HANDICAPPED CHILDREN

An institution providing sleeping and living accommodations for the full-time care, training, recreation, and convalescent needs of three (3) or more physically or mentally handicapped minors.

FOUNDRY

An establishment in which the melting of metal is poured into a mold.

FRONTAGE

That edge of a lot bordering a street.

FROZEN TREAT STAND, SEASONAL

A facility that primarily sells, dispenses, or serves frozen treats such as snow cone refreshments, ice cream, etc., and may include the accessory sale of beverages and bagged ice that may operate between March 1 and September 30 each year, and does not exceed one hundred twenty (120) square feet in gross floor area.

[Ord. No. 14.550 (2790), 5-20-2021]

GARAGE

A building for the storage of motor vehicles.

GOLF COURSE

An area or course for playing golf consisting of at least nine (9) holes, except miniature golf, within which the playing area is not artificially illuminated.

GOLF, MINIATURE

A commercial recreation facility, resembling golf, containing short "holes," the majority of which are under three hundred (300) feet in length, and primarily utilizing putting irons.

GREENHOUSES

A usually glass, plastic or plexiglas-enclosed structure used for cultivating plants that require controlled temperature and humidity.

GROUP HOUSING (GROUP-HOUSE ARRANGEMENT)

Any combination of dwelling units comprised of two (2) or more residential buildings designed as a functional unit on and with the specific parcel of land on which they are to be erected.

GROUP LIVING FACILITY (DORMITORY)

A dwelling containing sleeping rooms without separate cooking facilities for a number of persons customarily unrelated but associated with an educational, religious, charitable or service institution.

GUEST ROOM

Any room or unit in a Lodging Establishment where sleeping accommodations are regularly furnished to the public.

GYMNASIUM

A building or portion thereof used for athletic training or sports activities, including accessory seating for spectating.

HEAVY VEHICLE RENTAL ESTABLISHMENT

Any establishment which, by type of operation or nature of business, has as one (1) of its functions the provision of vehicles for rent on a regular basis, including recreational vehicles, heavy-duty trucks and heavy equipment for a specific period of time. This use is inclusive of on-site storage and incidental parking of vehicles for rent and facilities for the repair and service of the vehicles.

[Ord. No. 14.560 (2834), 8-4-2022]

HIKING

Extended walking for pleasure or exercise.

HISTORIC SITES

A building(s) or area having considerable importance or influence in history.

HOME OCCUPATION

A domestic activity carried on by no more than two (2) members of a family residing on the premises, but excluding beauty shops, barbershops, music schools, convalescent or nursing homes, tourist homes, massage or other establishment offering services to the general public, and providing that there are no signs nor any display that will indicate from the exterior of the building that it is being utilized, in whole or part, for any purpose other than that of a dwelling; providing, also, that there is no stock in trade or commodity sold upon the premises, no person is employed other than a member of the family residing on the premises, and no mechanical equipment is used except such as is customary for purely domestic or household purposes. The keeping of not more than two (2) roomers or boarders shall be considered a permitted home occupation.

HOSPITAL

An institution providing medical and surgical care for humans only, for both in and out patients, including medical service, training, research facilities.

HOTEL

A building in which lodging is provided to the public usually on a transient basis.

HOTEL, MOTOR (MOTEL)

A roadside hotel for motorists.[1]

INCINERATORS

A furnace or other apparatus for burning waste.

INDOOR SALES OF MOTOR VEHICLES

A commercial facility which includes an enclosed motor vehicle sales area.

INFLATABLE DEVICE

Objects or mechanisms used to attract attention, advertise, promote, market, or display goods and/or services, which are inflated with air or gas, or equipped with a portable blower motor that provides a constant flow of air into the device in the likeness of an animate or inanimate object or cartoon figure, including but not limited to tethered balloons, blimps, dirigibles, or similar lighter-than-air objects and recreational devices such as inflatable slides and bounce houses.

[Ord. No. 14.551 (2791), 5-20-2021]

IN-HOME DAY CARE

A private dwelling unit or other place conducted or maintained by any person who advertises or holds himself/herself out as providing care for no more than four (4) unrelated children during the daytime, for compensation or otherwise.

JUNKYARD

A parcel of land on which waste material or inoperative vehicles and other machinery is collected, stored, salvaged or sold.

KENNEL

The use of land or buildings for the purpose of selling, breeding, or boarding of dogs or cats or both, or the keeping of four (4) or more dogs over four (4) months of age, or keeping six (6) or more cats over four (4) months of age, or the keeping of more than five (5) dogs and cats. The word "selling" as herein used shall not be construed to include the sale of animals four (4) months of age or younger which are the natural increase of animals kept by persons not operating a kennel as herein defined; nor shall selling be determined to include isolated sales of animals over four (4) months old by persons not operating a kennel as herein defined.

LAUNDRY OR DRY CLEANING PICKUP STATION or SELF-SERVICE LAUNDRY or DRY CLEANING FACILITY

A commercial facility where clothes and linens are washed and/or dry cleaned.

LIBRARY

A place in which literary and artistic materials, such as books, periodicals, newspapers, pamphlets, and printings, are kept for reading or reference.

LODGING

To provide for quarters temporarily for sleeping.

LODGING ESTABLISHMENT

Any building, group of buildings, structure, facility, place, or places of business where five (5) or more guest rooms are provided, which is owned, maintained, or operated by any person and which is kept, used, maintained, advertised or held out to the public for hire and which can be construed to be a hotel, motel, motor hotel, inn, tourist court, resort, tourist home, bunkhouse, dormitory, or other similar place by whatever name called, and includes all such accommodations operated for hire as Lodging Establishments.

LODGING (BOARDING) HOUSE

A building with not more than five (5) guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open to overnight guests and which is actually occupied by the proprietor of such establishment as his/her residence, exclusive of nursing homes, dormitories or group living facilities licensed or regulated by agencies of the State.

LONGER-TERM GUEST

Any person occupying a guest room or combination of guest rooms in a lodging establishment under any concession, permit, right of access, license, rental or other agreement for living and sleeping purposes for a period: (a) in excess of: (i) twenty-eight (28) consecutive days; or (ii) twenty-eight (28) non-consecutive days within any ninety-day period; and (b) not exceeding one hundred eighty-three (183) days or six (6) months, whichever is less. For the purposes of this definition, if there are multiple individuals in a party occupying a guest room in a lodging establishment for the periods stated above, each member of the party shall be considered a longer-term guest regardless of which member or members of the party are registered as renting the guest room(s).

LOT

A platted parcel of land intended to be separately owned, developed, and otherwise used as a unit.

LOT (PARCEL) OF RECORD

A lot which is part of a subdivision, the plat of which has been legally approved and recorded in the office of the Recorder of Deeds of Jefferson County or a parcel of land which was legally approved and the deed recorded in the office of the Recorder of Deeds.

MANUFACTURED HOME

A structure, transportable in one (1) or more sections, that in the traveling mode is eight (8) body feet (2,438 body mm) or more in width or forty (40) body feet (12,192 body mm) or more in length, or, where erected on site, is three hundred twenty (320) square feet (30 m²) or more, and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation where connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein; except that such term shall include any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary (HUD) and complies with the standards established under this Title. For mobile homes built prior to June 15, 1976, a label certifying compliance to the Standard for Mobile Homes, NFPA 501, in effect at the time of manufacture is required. For the purpose of these provisions, a mobile home shall be considered to be a manufactured home.

[Ord. No. 14.562 (Bill No. 2848), 1-19-2023]

MANUFACTURED HOME PARK

An area of land under unified ownership and control on which two (2) or more occupied manufactured homes are harbored, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or enclosed use or intended use as part of the equipment of such manufactured home park.

[Ord. No. 14.562 (Bill No. 2848), 1-19-2023]

MANUFACTURED HOME SPACE

Any portion of a manufactured home park designed for the use or occupancy by one (1) manufactured home.

[Ord. No. 14.562 (Bill No. 2848), 1-19-2023]

MANUFACTURING OR FABRICATION OF ANY COMMODITY

A factory which makes or processes raw materials into a finished product.

MARIJUANA FACILITY

A comprehensive facility, as defined in this Chapter, as provided for in the Missouri State Constitution, a marijuana testing facility, a microbusiness wholesale facility, microbusiness dispensary facility, or any other type of marijuana-related facility or business licensed or certified by the State of Missouri pursuant to the Missouri State Constitution, but shall not include a medical (marijuana) facility, as defined in this Chapter.

[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]

MARIJUANA MICROBUSINESS FACILITY

A facility licensed by the State of Missouri as a microbusiness dispensary facility or microbusiness wholesale facility, as defined in this Chapter.

[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]

MARIJUANA or MARIHUANA

Cannabis Indica, Cannabis Saliva, and Cannabis Ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as seed thereof and resin extracted from the marijuana plant and marijuana-infused products. Marijuana does not include industrial hemp, as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.

[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]

MARIJUANA TESTING FACILITY

A facility certified by the State of Missouri, to acquire, test, certify, and transport marijuana, including those originally licensed as a medical marijuana testing facility.

[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]

MARIJUANA-INFUSED PRODUCTS

Any product that is infused, dipped, coated, sprayed, or mixed with marijuana or an extract thereof, including, but not limited to, products that are able to be vaporized or smoked, edible products, ingestible products, topical products, suppositories, and infused pre-rolls, as provided for by the Missouri State Constitution.

[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]

MARKETS

A public gathering place held for buying and selling merchandise.

MAUSOLEUMS

A building housing tombs.

MEDICAL (MARIJUANA) FACILITY

Any medical marijuana cultivation facility, medical marijuana dispensary facility, or medical marijuana-infused products manufacturing facility, as defined in this Chapter and, as provided for by the Missouri State Constitution.

[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]

MEDICAL MARIJUANA CULTIVATION FACILITY

Any facility licensed by the State of Missouri to acquire, cultivate, process, package, store on site or off site, transport to or from, and sell marijuana, marijuana seeds, and marijuana vegetative cuttings (also known as "clones") to a medical dispensary facility, medical marijuana testing facility, medical marijuana cultivation facility, or to a medical marijuana-infused product manufacturing facility. A medical marijuana cultivation facility's authority to process marijuana shall include the production and sale of pre-rolls, but shall not include the manufacture of marijuana-infused products.

[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]

MEDICAL MARIJUANA CULTIVATION FACILITY, INDOOR

Any medical marijuana cultivation facility, as defined herein, where the cultivation of marijuana occurs within an enclosed structure.

MEDICAL MARIJUANA CULTIVATION FACILITY, OUTDOOR

Any medical marijuana cultivation facility, as defined herein, where the cultivation of marijuana occurs outside of an enclosed structure.

MEDICAL MARIJUANA DISPENSARY FACILITY

A facility licensed by the State of Missouri to acquire, process, package, store on site or off site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones") marijuana-infused products and drug paraphernalia used to administer marijuana as provided for in this Chapter to a qualifying patient, a primary caregiver, anywhere on the licensed property or to any address as directed by the patient or primary caregiver, so long as the address is a location allowing for the legal possession of marijuana, another medical marijuana dispensary facility, a marijuana testing facility, a medical marijuana cultivation facility, or a medical marijuana-infused projects manufacturing facility. Dispensary facilities may receive transaction orders at the dispensary in person, by phone, or via the Internet, including from a third party. A medical marijuana dispensary facility's authority to process marijuana shall include the production and sale of pre-rolls, as defined in the State of Missouri Constitution, but shall not include the manufacture of marijuana-infused products.

[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]

MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

A facility licensed by the State of Missouri, to acquire, process, package, store on site or off site, manufacture, transport to or from, and sell marijuana-infused products to a medical marijuana dispensary facility, a marijuana test facility, or to another medical marijuana-infused products manufacturing facility.

[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]

MEDICAL MARIJUANA-RELATED ENTITIES

Any establishment operating or transacting business as a medical marijuana dispensary facility, medical marijuana cultivation facility, medical (marijuana) facility, medical marijuana-infused product manufacturing facility, marijuana testing facility, or other medical marijuana-related entity, as provided for by the Missouri State Constitution.

[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]

MICROBUSINESS DISPENSARY FACILITY

A facility licensed by the State of Missouri to acquire, process, package, store on site or off site, sell, transport to or from, and deliver medical and non-medical marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana, as provided for by the Missouri State Constitution.

[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]

MICROBUSINESS WHOLESALE FACILITY

A facility licensed by the State of Missouri to acquire, cultivate, process, package, store on site or off site, manufacture, transport to or from, deliver, and sell medical and non-marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), and marijuana-infused products to a microbusiness dispensary facility, other microbusiness wholesale facility, or marijuana testing facility, as provided for by the Missouri State Constitution.

[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]

MINI-STORAGE

Buildings and open area used for the storage of personal property excluding materials and/or vehicles defined as junk or abandon vehicles in the municipal codes.

MOBILE FOOD VEHICLE

As used in the Arnold Zoning Ordinance, "Mobile Food Vehicle" shall have the meaning set forth in the Sections 605.400, Mobile Food Services, et seq., of this Code.[2]

[Ord. No. 14.550 (2790), 5-20-2021; Ord. No. 14.551 (2791), 5-20-2021]

MODULAR HOME

A single-family dwelling constructed in a factory and shall be constructed and installed in accordance with applicable provisions of the International Building Code, the International Residential Code, or other applicable building codes, and shall bear the appropriate insignia indicating compliance with those codes. This definition includes "prefabricated," "panelized," and "factory built" units.

MORTUARIES

A funeral home where dead bodies are kept prior to burial or cremation.

MOTOR VEHICLE-ORIENTED ESTABLISHMENT (MVOE)

Any establishment which, by design, type of operation, or nature of business, has as one (1) of its functions, the provision of services to a number of motor vehicles or its occupants in a short time span, or the provision of services to the occupants of motor vehicles while they remain in a vehicle. Businesses included in this category shall have one (1) or more of the following facilities: One (1) or more pump islands for retail sale of gasoline; or, one (1) or more drive-through lanes or service windows for distribution of products or other transactions; or more than four (4) parking spaces designated for the distribution of products or other transactions; or, include an automated car wash facility.

MOTOR VEHICLE RENTAL ESTABLISHMENT

Any establishment which, by type of operation or nature of business, has as one (1) of its functions the provision of vehicles for rent on a regular basis by the general public, including passenger automobiles, light-duty trucks, medium-duty trucks which do not require a CDL license to operate, box trucks, light trailers, vans, and motorcycles for a specific period of time.

[Ord. No. 14.560 (2834), 8-4-2022]

MUNICIPAL AND GOVERNMENTAL BUILDINGS

Building used for the operation of local, County, State or Federal agencies.

NATURAL AREA

An area that is substantially undisturbed by development.

NON-CONFORMING LAND USE OR STRUCTURE

A land use or structure which existed lawfully on the date that this zoning ordinance or any amendment thereto became effective and which fails to conform to one (1) or more of the applicable regulations in the zoning ordinance or amendment thereto.

NURSERY SCHOOL AND DAY NURSERIES

A program operated by a person or organization with the primary function of providing an educational program for preschool-age children for no more than four (4) hours per child per day.

NURSING HOME

A building intended for use as a medical care facility for persons who need care and medical service, but do not require intensive hospital care.

OFFICE

A building or portion of a building wherein services are performed involving predominately administrative, professional, or clerical operations. This does not include financial institutions or small loan businesses.

OPEN STORAGE

Storage of material or goods on the ground outside of a building.

OUTDOOR

Any open-air space including any space which may have a temporary or fixed cover (e.g., awning or roof) and at least fifty percent (50%) of the square footage of its sides open for airflow such that open sides are not adjacent to each other.

[Ord. No. 14.550 (2790), 5-20-2021]

OUTDOOR ACTIVITY AREA (DINING OR ENTERTAINMENT)

A porch, patio, deck, walkway, or other area of land, which is not within the interior building walls of the principle use, provided for the use of patrons either: (1) to consume purchased food or beverages (i.e., dining); or (2) for purposes of outdoor play or entertainment (e.g., playgrounds, horseshoes, bocce, volleyball, performance, etc.).

OUTDOOR ENTERTAINMENT FACILITY

Outdoor entertainment locations, including, but not limited to, zoos, outdoor gardens, outdoor aquariums, outdoor theaters, outdoor stadiums, outdoor event spaces, outdoor arenas, amphitheaters, outdoor concert halls and other outdoor locations where entertainment activities open to the public occur. Such facilities may include structures and buildings accessory to the principal purpose of the use including but not limited to stages, commissaries, canteens, restrooms, storage, etc.

[Ord. No. 14.550 (2790), 5-20-2021]

OUTLINE AREA

The area enclosed by the perimeter of the face of a sign structure not including structure supports.

OUTPATIENT FACILITY

A facility where a patient receives treatment without being hospitalized.

PAD

The portion of a manufactured home site, designated, designed and prepared for the support of a manufactured home consisting of a poured-in-place, rectilinear, concrete slab, as approved by the Building Commissioner, and specifically excluding runner or ribbon foundations.

[Ord. No. 14.562 (Bill No. 2848), 1-19-2023]

PARCEL (TRACT) OF LAND

A separately designated area of land delineated by identifiable legally recorded boundary lines.

PARK

An area open to the general public and reserved for recreational, educational or scenic purposes.

PARKING AREA

An area of land used or intended for off-street parking facilities for motor vehicles.

PARKING SPACE

A durable, dust-proof, surface, properly graded for drainage, usable and accessible space, enclosed in a main building, in an accessory building or unenclosed, containing not less than three hundred (300) square fee of area, including necessary driveways and space between vehicles, unless clearly specified otherwise in other provisions of this Chapter.

PARKWAY

A road or roadway intended to be used primarily for passenger vehicles and developed with a park-like or scenic character with recreational uses.

PAVE (DRIVEWAY)

Concrete, asphaltic concrete or oil and chip.

PAVE (PAVEMENT)

The act or result of applying a hard, water-tight material to any ground surface in such a manner as to present a uniform surface over large areas.

PAVEMENT (PARKING)

Six (6) inches Portland cement concrete, four (4) inches Class X asphaltic concrete base course with two (2) inches Class C asphaltic concrete surface course, six (6) inches crushed stone with two (2) inches Class C asphaltic concrete surface course or equal as approved by City Engineer.

PAY DAY LOANS

Lenders, other than banks, trust companies, credit unions, savings banks and savings and loan companies, in the business of making unsecured or by a post-dated check or pay check and licensed under Chapter 408, RSMo., by the Missouri Division of Finance and subject to the rules and regulations of the State of Missouri for consumer installment loans.

PERIOD OF MEASUREMENT

Any continuous sixty-minute period during which observations of stationary noise sources are made and measurements of noise levels are taken.

PICNIC GROUND

An outdoor area used for eating meals.

PLANT NURSERY

A farm, garden, or other cultivated land, together with accessory structures designed and intended to be used only for the cultivation and sale of live vegetation.

PLAT

A subdivision of land legally approved and recorded.

PLAYGROUNDS

An outdoor area set aside for recreation and play.

POLE BUILDING

A structure utilizing wooden or metal poles and trusses for support and most often used for agricultural, industrial, or residential storage. This definition, shall include, but is not limited to, "pole barn," "metal-clad building," "barndominium," "barn home," and "post-frame."

[Ord. No. 7.44 (Bill No. 2794), 6-17-2021]

POLICE STATION

The headquarters of a unit of a police force where those under arrest are first charged.

POSTAL STATION

A post office or mail service.

PROPERTY LINE

The legally recorded boundary of a lot, tract, or other parcel of land.

PUBLIC OR PRIVATE KINDERGARTEN, ELEMENTARY, SECONDARY AND COLLEGIATE SCHOOLS

An institution consisting of teachers and pupils gathered together for instruction in any branch of learning.

PUBLIC UTILITY FACILITY, LOCAL

A public utility facility serving a local area only, such as an electric substation or a water or gas pumping or regulating station or a telephone switching center.

RADIO, TELEVISION, AND TELECOMMUNICATION TRANSMISSION OR RELAY TOWERS AND FACILITIES

A tower and associated facilities used in the transmission of radio, television and telecommunication signals.

RAILROAD SWITCHING YARDS

An area consisting of railroad track used for storage, sorting and staging of railcars and locomotives.

REPAIR SHOPS

A commercial facility where finish products are restored to a sound condition after it had been damaged.

RESEARCH LABORATORIES

A commercial facility used in the scholarly or scientific investigation or inquiry.

RESIDENCE

Any building, or portion thereof, which is designed or used primarily for residential purposes, except lodging establishments.

[Ord. No. 14.562 (Bill No. 2848), 1-19-2023]

RESIDENTIAL FACILITIES

A facility limited to residences.

RESTAURANT

A place where meals are served to the public. An establishment, open to the public, where food and drink are prepared, served, and then consumed on- or off-premise.

RETREAT

A building or group of buildings with designated open areas utilized and maintained for educational and religious conclaves, seminars, and similar activities by particular educational, religious, fraternal and other groups.

RIDING STABLE

A building and designated site intended or used as a shelter for horses or ponies, which provides for commercial cording, hire, sale, or training of such animals.

RIFLE RANGE

An indoor or outdoor facility used for rifle shooting practice.

ROW HOUSE

Three (3) or more attached single-family dwellings, each on its own plot of ground, but not necessarily on individual lots.

SALESROOM

An area within a building used for the display and purchase of commodities.

SALVAGE YARD

An area for the dismantling, storage, and sale of inoperative, obsolete or wrecked motor vehicles, trailers, and their parts.

SANITARY LANDFILL

A type of operation in which refuse and earth or other suitable cover material is deposited in alternate layers of specified depth in accordance with a definite plan on a specified portion of open land, with each layer being compacted by force applied by mechanical equipment.

SCENIC AREA

A designated area containing outstanding or matchless beauty which requires special management to preserve these qualities.

SEMI-FINISHED MATERIAL

Material which has gone through one (1) or more stages of processing.

SERVICE FACILITIES

A facility specializing in the installation, maintenance or repairs of commodities.

SETBACK

The required minimum distance from a roadway right-of-way line or line that establishes the area within which a structure can be erected or placed, except as may be permitted elsewhere in this Chapter.

SEWAGE TREATMENT FACILITIES

A facility which processes and treats sanitary waste.

SHELTER WORKSHOP

A facility for the purpose of providing protection and training to handicapped individuals.

SIGN

A structure or device designed or intended to convey information to the public in written or pictorial form.

SIGN, ADVERTISING

A sign, intended to attract general public interest, concerning a commercial enterprise, product, service, industry, or other activity.

SIGN, BUSINESS

A sign which gives only basic information concerning the existence of a commercial enterprise, service, or other activity conducted, sold, or offered on the premises upon which the sign is erected.

SIGN, DIRECTIONAL

A sign identifying entrances, exits, aisles, ramps, and similar traffic-related information.

SIGN, INFORMATION

A sign which identifies a residence, a non-commercial activity, including historic markers, or a sign conveying cautionary and similar information.

SITE PLAN (DEVELOPMENT PLAN)

A map or graphics prepared to scale depicting the development of a tract of land, including elements such as, but not limited to the location and relationship of existing and proposed structures, streets, curb-cuts, driveways, parking areas, landscaping. natural features, utilities, and other potentially sensitive design issues, all as further delineated in this Chapter. Such plans may be preliminary, final, and other types.

SKEET SHOOTING CLUB

An outdoor facility used for skeet shooting practice.

SMALL LOANS

Shall also mean consumer credit loans licensed by the Missouri Division of Finance subject to Chapter 367, RSMo., and the rules and regulations of the State of Missouri:

Prior to January 1, 2002, loans for the benefit of or use by an individual or individuals:

Secured by a security agreement or any other lien on tangible personal property or by the assignment of wages, salary or other compensation; or

Unsecured and whether with or without co-makers, guarantors, endorsers or sureties.

Beginning January 1, 2002, and thereafter, loans for personal, family or household purposes in amounts of five hundred dollars ($500.00) or more.

SMELTERS

An apparatus used in the melting and separation of metallic constituents.

SOUND LEVEL METER

Any instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound pressure levels in a specified manner which complies with Type 2 or better standards established in the A.N.S.I. S1.4-1971 "Specification for Sound Level Meters."

SPECIAL EVENT

Activities defined herein as either a "civic event," a "sales and promotional event," or a "private event," as follows:

[Ord. No. 14.551 (2791), 5-20-2021]

CIVIC EVENTA special event consisting of an outdoor activity sponsored by a non-profit organization, elementary or secondary school, college, or public agency, including, but not limited to, carnivals, festivals, community breakfasts/lunches/dinners, concerts, charity runs/walks, parades, neighborhood fairs, and collection drives involving such activities as bake, craft, or rummage sales and bazaars, car washes, and seasonal tree, pumpkin, or plant sales.

SALES AND PROMOTIONAL EVENTA special event consisting of an outdoor activity conducted by a commercial, for-profit user in connection with an established use, on the lot occupied by such use, that is limited to the display and sale of merchandise, but may also include accessory activities, such as product demonstrations or giveaways, raffles, games, and the provision or sale of food by a mobile food vehicle (as defined in Chapter 685 of the Code).

PRIVATE EVENTA special event consisting of any outdoor activity conducted by any organization where said event is not open to the public, such as, but not limited to, corporate, employee, or member picnics, health fairs, and other similar events, which are in connection with an established use, on the lot occupied by such use.

SPECIAL EVENT SIGN

A temporary sign authorized to be posted when a special event permit has been granted, defined herein as either a banner sign or freestanding sign, as follows:

[Ord. No. 14.551 (2791), 5-20-2021]

BANNER SIGNA special event sign constructed of cloth, bunting, plastic, paper, or similar material used for advertising purposes attached to or pinned on or from a building wall, retaining wall, or fence.

FREESTANDING SIGNA special event sign supported by one (1) or more uprights, posts, or braces affixed in the ground and not attached to any part of a building. Such signs may be double-faced (i.e., parallel opposing). Banners may qualify as freestanding signs, provided that they are braced by a frame or similar support structure as determined by the Zoning Officer.

SPECIALIZED PRIVATE SCHOOLS

An institution made up of handicapped students and teachers gathered together for the instruction in any branch of learning.

STABLE, PRIVATE

A detached building accessory to a residential use for the keeping of horses owned by the occupants of the premises and which shall not be used for any commercial purpose including boarding, hire, sale, or training of horses.

STACKING SPACE

A space consisting of twenty-two (22) feet of pavement length specifically designated as a waiting area for vehicles patronizing a "Motor Vehicle-Oriented Establishment" (as defined herein).

STEEL MILLS

A plant where steel is made.

STORY

The horizontal segment of a building between the floor surface and the ceiling next above it, and wholly above grade.

STREET

A paved public or private right-of-way which provides access to abutting properties from the front.

STRUCTURE

Any assembly of material forming a construction for occupancy or use, excepting, however, utility poles and appurtenances thereto, underground distribution or collection pipes or cables and underground or ground level appurtenances thereto.

SULPHUR, CEMENT OR RUBBER RECLAMATION PLANT

A facility used for the recycling of sulphur, cement or rubber.

SWIMMING POOLS

A pool constructed for swimming.

TEMPORARY STRUCTURE

Drop-off metal boxes, bins, tents, membrane structures, and other structures constructed or erected, which require location on the ground, or attached to something having location on the ground, and used on a transient basis.

TERMINAL

A depot building or area specifically designated for the storage or transfer of persons or material, or temporary storage and service of operable vehicles used in the transport of persons, goods or materials.

TITLE LOANS

Loans secured by titled personal property, primarily motor vehicle title, excluding property qualified to be a personal dwelling the ownership of which is evidenced by a certificate of title and licensed under Sections 367.500 through 367.533, RSMo., by the Missouri Division of Finance and subject to the rules and regulations of the State of Missouri for title loans.

TOBACCO, NICOTINE, AND OTHER LEGAL SUBSTANCE ESTABLISHMENT

A specialty retail establishment that has, as a substantial or significant portion of its stock in trade, smoking products, such as cigars, cigarettes, loose leaf tobacco or other substances intended to be smoked, and/or smoking- and/or vapor inhalation-related products, such as pipes, pipe cleaners, lighters, butane, flints, cigar nippers, hookahs, waterpipes, shishas, or narghiles, electronic/vapor substance inhalation products, commonly known as "electronic cigarettes," "ecigarettes," "e-cigars," "e- cigarillos," "e-pipes," "e-hookahs," "electronic nicotine delivery systems," and other similar devices, as well as such cartridges, substances and additives used to experience the sensation of smoking vapors, tobacco and non-tobacco substances, exclusive of items identified as controlled substances or drug paraphernalia in Chapter 215, Article XI of the Municipal Code. Lounges or public rooms where customers or members of the public may inhale vapor, smoke, or otherwise consume such products as identified herein, may only be as allowed when specifically authorized in an approved conditional use permit. This definition shall not apply to medical marijuana-related entities (as defined in this Chapter) nor shall it apply to any establishments selling or distributing marijuana or marijuana-infused products (as defined in this Chapter).

TOURIST HOME

A building with not more than five (5) guest rooms where lodging is provided for compensation pursuant to previous arrangement, and which is actually occupied by the proprietor of such establishment as his/her residence.

TRAILER

Any vehicle without motive power designed for carrying property or passengers on its own structure and for being drawn by a self-propelled vehicle, except those running exclusively on tracks, including a semitrailer or vehicle of the trailer type so designed and used in conjunction with a self-propelled vehicle that a considerable part of its own weight rests upon and is carried by the towing vehicle, which does not meet Building Code requirements. A permanent foundation shall not change the character of a trailer unless the entire structure is erected in accordance with the City Building Code. The term "trailer" shall not include cotton trailers as defined in Subsection (8) of Section 301.010, RSMo., and shall not include manufactured homes as defined in Section 700.010, RSMo.

TRANSIENT

Unless otherwise defined, any person who exercises occupancy or is entitled to occupancy, for any reason, for a period of twenty-eight (28) consecutive calendar days or less, counting portions of calendar days as full days. Any such person shall be considered to be a transient until the twenty-eight-day period has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy.

TRUCK, BUS, RAIL AND WATERCRAFT TERMINALS

A station at which truck, bus, rail or watercraft are located for transportation needs.

USE

As utilized in this Chapter, use is any functional, social, or technological activity which is imposed or applied to land or to structures on the land.

USED CAR SALES

The retail or wholesale of used cars, trucks, recreational vehicles and/or construction equipment as the primary activity on the property.

VETERINARY CLINIC

A facility for the practice of veterinary medicine.

WAREHOUSE

A structure for use as a storage place for goods, material or merchandise.

WAREHOUSING, STORAGE OR WHOLESALING OF LIVE ANIMALS (CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFO))

A large animal production farm identified and regulated by the Department of Natural Resources.

YARD

An open area between the building lines and the lot lines of the lot on which it is located.

[1]

Editor's Note: The former definitions of "house trailer" and "house trailer park," which immediately followed this definition, were repealed 1-19-2023 by Ord. No. 14.562 (Bill No. 2848).

[2]

Editor's Note: The former definition of "mobile home," which immediately followed this definition, was repealed 1-19-2023 by Ord. No. 14.562 (Bill No. 2848).

Section 405.040 Use Districts.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]

In order to carry out the purposes and provisions of this Chapter, the City of Arnold, Missouri, is hereby divided into the following districts:

Residential Districts
"R-1" Residence District
"R-2" Residence District
"R-3" Residence District
"R-4" Residence District
"R-5" Residence District
"R-6" Residence District

Commercial Districts
"C-1" Commercial District
"C-2" Commercial District
"C-3" Commercial District

Industrial Districts
"M-1" Industrial District
"M-2" Industrial District

Special Districts
"FP" Floodplain District
"PS" Park and Scenic District
"MHD" Manufactured Home District
"C-4" Planned Commercial District
"M-3" Planned Industrial District

Official Zoning Map. The City is hereby divided into zones or districts as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this Chapter.

Annexed Land. All territory which may hereafter be annexed to the City shall be considered to be in the "R-1" District until otherwise classified, except that territory already classified by municipal or County jurisdiction shall retain that classification until otherwise reclassified.

Rules For Interpretation Of District Boundaries.

Where uncertainty exists as to the boundaries of districts shown on the Official Zoning Map, the following rules shall apply:

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines;

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

Boundaries indicated as approximately following City limits shall be construed as following such City limits;

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines;

Boundaries indicated as parallel to or extensions of features in Subsections (D)(1)(a) through (D)(1)(e) above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map;

Where physical or cultural features exist on the ground at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsections (D)(1)(a) through (D)(1)(f) above, the Board of Adjustment shall interpret the district boundaries.

Where a district boundary line divides a lot which was in single ownership at the time of passage of this Chapter, the Board of Adjustment may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot.

Section 405.050 General Provisions.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]

Application Of District Regulations. The regulations set by this Chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:

No building, structure, or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

Non-residential buildings, structures and/or land (not addressed elsewhere in these regulations) must receive site plan approval from the Planning Commission before they are constructed, reconstructed, moved, erected, enlarged or land altered. (See Section 405.190, Site Plan Review).

No building or other structure shall hereafter be erected or altered:

To exceed the height or bulk;

To accommodate or house a greater number of families;

To occupy a greater percentage of lot area;

To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this Chapter.

No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

No yard or lot existing at the time of passage of this Chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Chapter shall meet at least the minimum requirements established by this Chapter.

Unlisted Uses. Any use not shown as a use permitted by right, or a conditional use in a zoning district is specifically prohibited in that district. Uses not listed have been determined either not to be appropriate in any district, incompatible with certain existing uses, or sufficiently rare or unexpected as to be incapable of being listed at the time of adoption of these Regulations. Such uses may be authorized in planned districts solely at the discretion of the City Council. Any use not shown as a use permitted by right, a conditional use in any zoning district, but constituting a use that is required to be permitted by law, shall be authorized in the "M-1" or "M-2" or "M-3" Industrial Districts subject to the following conditions:

The use shall be permitted only to the extent required by law to be permitted;

The use shall be approved only as a conditional use, except if by law it is required to be permitted by right;

The use shall be located no closer than one thousand (1,000) feet from any residence, residential property, park, school, or church, except as may be modified by the City Council through a Planned District procedure;

The use shall maintain a distance of at least one thousand (1,000) feet from any other such use having the same description.

Motor Vehicle-Oriented Establishments (MVOE). Otherwise permitted uses meeting the definition of an MVOE, as defined in Section 405.030, are deemed conditional uses and shall be subject to procedures governing such uses contained in Section 405.080, Conditional Uses and provisions contained in Section 405.150, Use and Zoning Performance Standards.

General Height Regulations.

Except as specifically authorized and/or prohibited in each particular Subsection of the Schedule of District Regulations, no structure or building shall exceed the following heights:

Residence. No residence shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height except that a multiple-family dwelling with a density greater than four (4) family units per building shall not exceed four (4) stories or fifty (50) feet in height.

Non-Residence Building Or Structures. No non-residence building or structure shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height except as allowed by a conditional use permit. In any event, no structure or building, other than authorized utility towers and antennas, shall exceed four (4) stories or fifty (50) feet in height. Notwithstanding other provisions of this Code to the contrary, non-residential structures or buildings excluding signs in a "C-3" Commercial District shall not exceed one hundred (100) feet in height.

Exceptions To Height Regulations. The height limitations contained in this Subsection and the Schedule of District Regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

Supplementary District Regulations.

Accessory Buildings. No accessory building shall be erected in any required yard, and no separate accessory building shall be erected within five (5) feet of any other building.

(Reserved)[1]

[1]

Editor's Note: Former Subsection (C)(2), regarding erection of more than one principal structure on a lot, was repealed 6-17-2021 by Ord. No. 7.44 (Bill No. 2794).

No residence may be constructed with less square footage floor space than contained in the following table for the appropriate category: Residences may be constructed with additional floor space but no dwelling shall be constructed with less area than required for the one (1) bedroom unit.

[Ord. No. 7.49 (2830), 7-21-2022]

1 or more BR
Single-Family	1,250
	1 BR	2 BR	3 BR	4 BR
Two-Family, Three-Family, Four-Family, Multi-Family	650	800	1,000	1,250

Structures To Have Access. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

In each instance in which approval of use or development of property is made subject to conditions by the Council or Planning Commission in the approval of a conditional use permit, special procedure, or planned development area, a copy of the approved ordinance, resolution, order or permit shall be:

Recorded by the property owner or owners prior to commencement of development or use, and

Furnished by the property owner or owner or petitioner to the operator, owner, and manager, including successor operators, owners, and managers, each of whom shall forward to the Zoning Enforcement Officer an acknowledgment that he/she has read and understood each of the conditions relating to the use and development of the property affected by the ordinance, resolution, order or permit and agrees to comply therewith.

Dwelling units shall have at least two (2) bathrooms for every three (3) bedrooms.

[Ord. No. 7.49 (2830), 7-21-2022]

(Reserved)[2]

[2]

Editor's Note: Former Subsection (C)(7) regarding residential driveway(s) over 100 feet, was repealed 5-19-2022 by Ord. No. 7.48 (Bill No. 2825).

Parking space required by this Chapter for residential use shall be provided on the same parcel of land that the residential use is located. Parking space required by this Chapter for non-residential use in a residential district shall be provided on the same lot as the principal use of on a contiguous lot. Parking space required by this Chapter for the "C" Shopping Districts and the "M" Industrial Districts shall be provided on the same parcel of land as the principal use or on a contiguous lot.

Two (2) or more uses may combine to provide the required parking space jointly; however, the parking space so provided shall equal the total space required if each were to provide parking space separately.

10.

No private stable shall be located within one hundred fifty (150) feet of any structure.

11.

Deleted.

12.

Deleted.

13.

Utility sheds, one hundred twenty (120) square feet or less in floor area shall be exempt from the side and rear yard requirements in "R-1," "R-2," "R-3," "R-4," "R-5," and "R-6" Residence Districts.

14.

Parking requirements for multiple-family residential development shall conform to the following standards:

Bay type parking shall be allowed on privately owned streets only, and those streets will not be taken over by the City.

Bay type parking will be restricted to areas in which average daily traffic volumes are one thousand five hundred (1,500) vehicles or less.

Bay type parking will not be allowed on a "thru" street, restricted to the apartment development.

Streets shall be a minimum of twenty-six (26) feet wide for areas utilizing bay type parking.

Access and parking area grades shall not be less than one percent (1%) or greater than ten percent (10%).

Minimum sight distance shall not be less than two hundred (200) feet.

Speed limit shall not exceed fifteen (15) mph.

Parking space dimensions shall not be less than a ten (10) feet width and nineteen (19) feet depth.

All parking areas shall be constructed to approved City specifications.

Sidewalks shall be constructed to approved City specifications.

Parking areas shall provide night lighting with a minimum one (1) to two (2) foot-candle power/square feet and shall be screened from any adjoining residential areas.

Landscaping within the parking area shall be required at a minimum of ten percent (10%) of the total parking area, landscaped area totaling over ten percent (10%) of the parking area, a proportional reduction of parking spaces will be considered.

15.

Setback Requirements From Arterial And Collector Streets.

Residential zoned property fronting on arterial or collector streets shall have a front building line thirty-five (35) feet from the right-of-way line.

Industrial zoned property fronting on arterial or collector streets shall have a front building line fifty (50) feet from the right-of-way line.

16.

Exceptions To Setback And Yard Requirements. Except as may otherwise be regulated by the adopted building codes, every required setback and yard shall remain unobstructed for its required area and full height, except for the following permitted projections. Further, in no instance shall the allowable encroachments exceed twenty percent (20%) of the required area or height.

Roof Eaves. Roof eaves, gutters, cantilevered decks or balconies shall not project more than three (3) feet beyond the face of the wall.

Steps And Architectural Features. Steps, window sills, belt courses, quoins, keystones, entablatures, rain leaders, cantilevered chimneys, and similar architectural features shall not project more than two (2) feet beyond the face of the wall, cantilevered bay windows shall not be included.

Exterior Stairways And Fire Escapes. Outside stairways, smoke-proof towers, balconies, fire escapes or other required elements of a means of egress, ramps not exceeding thirty (30) inches above finish grade, exclusive of required guards, that are a component of the required handicap accessible route shall not project more than four (4) feet beyond the face of the wall.

17.

Any rezoning, planned development permit and/or conditional use permit request for property along an existing street shall provide additional right-of-way and overall street improvements as necessary to meet the width requirements set forth in the subdivision ordinance. When the property is located on only one (1) side of an existing street or road, one-half (1/2) of the required right-of-way width and street improvements shall be provided, measured from the centerline of the right-of-way as originally established.

18.

Temporary Structures.

Temporary structures constructed and placed on an individual parcel for thirty-one (31) or more days, whether cumulative or consecutively, per twelve-month period shall require a conditional use permit.

Temporary structures may not be constructed or placed on an individual parcel for more than one hundred eighty (180) days, whether cumulative or consecutively, per calendar year.

All temporary structures, regardless of duration, shall comply with the respective zone district regulation in which it is placed.

Exception. Recycle bins and clothing drop boxes, construction office trailers, and portable toilets subject to conditions contained herein.

Construction office trailers are governed by the following restrictions:

(1)

Shall meet applicable district structure setbacks.

(2)

Exterior shall be maintained with no rusting, dents, broken windows, etc.

(3)

The area around the construction trailer shall be maintained by cutting grass and keeping free from litter.

(4)

The construction trailer shall be removed before an occupancy permit (temporary or permanent) is issued.

Portable toilets are governed by the following restrictions:

(1)

Portable toilets shall be provided when adequate toilet facilities are not provided on a site associated with a building or demolition permit or City-authorized special event.

(2)

Portable toilets shall be located on the site and not on public property unless expressly authorized by the City when associated with a special event.

(3)

Portable toilets shall be located a minimum of fifteen (15) feet from all curblines, ten (10) feet from side property lines, and at such locations so as to limit public view. The doors to portable toilets shall not face any street or adjacent property line.

(4)

Portable toilets shall be serviced at regular intervals to maintain sanitary conditions and minimize odors.

(5)

Portable toilets shall be locked and secured from tipping over when no construction, demolition, or special event activity is present.

Recycle bins and clothing drop boxes are governed by the following restrictions:

(1)

Shall be prohibited on unimproved properties and on developed properties which are unoccupied.

(2)

Shall be located on a paved surface.

(3)

Maximum height shall not exceed eight (8) feet.

(4)

Maximum floor area shall not exceed thirty-six (36) square feet.

(5)

Maximum number of bins/boxes per property:

(a)

Two (2) upon properties with an area up to two (2) acres.

(b)

Three (3) upon properties with an area greater than two (2) acres but less than or equal to four (4) acres.

(c)

Four (4) upon properties with an area greater than four (4) acres.

(6)

Shall be prohibited from being located in required parking spaces, public or private right-of-way, driving aisles, fire lanes, required landscaped areas, pedestrian areas, sight distance triangles, or within five (5) feet of a fire hydrant.

(7)

Shall be set back a minimum of twenty-five (25) feet from residential districts or properties with residential uses, twenty-five (25) feet from public or private rights-of-way, and five (5) feet from all other property lines.

(8)

Shall only be permitted upon properties within non-residential zoning districts and upon properties with any zoning classification that are primarily used by not-for-profit organizations.

(9)

Signage on bins and boxes shall be limited to five (5) square feet per side.

(10)

Ownership information, to include address and telephone number, shall be displayed upon all bins and boxes.

(11)

Shall utilize a mailbox or safety chute and locked access door to prevent unauthorized entry.

(12)

Outdoor display or storage of materials shall be prohibited.

(13)

The collection or storage of perishable items shall be prohibited.

(14)

The property owner, the entity which granted permission for placement, and the bin/box owner shall be individually and jointly responsible for abating and removing all garbage, trash, debris and other refuse material in the area surrounding any donation bin within seventy-two (72) hours' written or oral notice by the City.

(15)

Responsibility And Liability. The owner of the donation bin/box, the entity which granted permission for placement, and the owner of any private property upon which a violation of these regulations occur may be held individually and severally responsible and liable for such violation.

19.

Fencing Standards.

Purpose. The purpose of these regulations is to regulate the materials, location, height, and maintenance of fencing and decorative posts in order to prevent the creation of nuisances and to promote the general welfare of the public.

Applicability. The requirements of this Subsection apply to all fencing and decorative posts equal to, or exceeding, thirty-six (36) inches in height for all land uses and activities. Fencing and decorative posts exceeding thirty-six (36) inches in height, in addition to the provisions contained within this Subsection, are subject to the provisions of the Zoning Code pertaining to sight triangles and setbacks. As used in this Subsection, "decorative posts" are defined as ornamental poles or stakes with attached chains, wood or other materials, which serve only aesthetic purposes.

(1)

All fences require a permit from the Community Development Department. The following information must be provided for review prior to the issuance of a permit.

(a)

Site plan accurately indicating all property lines, easements, setbacks, existing structures on the site and fence location.

(b)

Proposed fence detail including material, style, color and height.

Standards.

(1)

Materials.

(a)

Residential Districts ("R-1," "R-2," "R-3," "R-4," "R-5," And "R-6"). Acceptable materials for fencing and decorative posts include masonry, rigid synthetic materials, wood, wrought iron, and chain link. Barbed wire, razor wire, hardware cloth, electric, and wire mesh fencing is strictly prohibited.

(b)

Non-Residential Districts ("C-1," "C-2," And "C-3"). Acceptable materials for fencing and decorative posts include masonry, rigid synthetic materials, wood and wrought iron. Barbed wire, razor wire, hardware cloth, wire mesh, chain link and electric fencing is strictly prohibited except that chain link and barbed wire fencing is permitted for and on security fences at heights equal to or greater than six (6) feet subject to review and approval by the Planning Commission.

(c)

Non-Residential Districts ("M-1," "M-2," "FP," And "PS"). Acceptable materials for fencing and decorative posts include masonry, rigid synthetic materials, wood, wrought iron and chain link. Barbed wire fencing is permitted on security fences at heights equal to or greater than six (6) feet. Razor wire, hardware cloth, electric and wire mesh fencing is strictly prohibited.

(d)

For the purpose of this Subsection, "temporary fencing" is defined as a fence constructed of something other then masonry, synthetic materials, wood, wrought iron, and chain link, or barbed wire, such as cloth mesh or hardware cloth. Temporary fencing is only allowed for the purpose of protecting excavation and construction sites and the protection of plants during grading and construction.

(2)

Location.

(a)

Residential Districts ("R-1," "R-2," "R-3," "R-4," "R-5," And "R-6").

(i)

Decorative posts may be located no closer than two (2) feet to the front yard or street yard property line.

(ii)

Fences in the required front yard setback are prohibited except that on lots with more than one (1) street frontage, fences may project up to ten (10) feet into required street yards other than the required front yard. (See Subsection (C)(19)(c)(3) below.)

(iii)

Fences may be located on any property line abutting a side or rear yard that is not a street yard.

(b)

Non-Residential Districts ("C-1," "C-2," "C-3," "M-1," "M-2," "FP," And "PS").

(i)

Decorative posts may be located no closer than two (2) feet to the front yard or street yard property line.

(ii)

Fences are prohibited in the required front yard setback except that on lots with more than one (1) street frontage, fences may project up to ten (10) feet into required street yards other than the required front yard. (See Subsection (C)(19)(c)(3) below.)

(iii)

Fences may be located on any property line abutting a side or rear yard that is not a street yard.

(c)

All Districts. The City shall not be responsible for the replacement of any fence that is constructed over an easement. However, fences shall not obstruct any manhole or inlet covers nor impede the natural flow of storm water.

(3)

Maximum Height For All Fences. The maximum height of any fence or decorative post shall be six (6) feet six (6) inches within permitted locations and subject to the following exceptions:

(a)

A maximum four (4) foot high fence may be permitted within a required front or street yard beyond the above limitations subject to approval by the Planning Commission.

(b)

Continuous, minimum, four (4) foot high fencing shall be required to enclose all swimming pools (including above ground pools) and shall also meet the requirements of the current building codes adopted by the City.

[Ord. No. 14.561 (Bill No. 2839), 11-3-2022

(c)

The maximum heights listed in Subsections (C)(19)(c)(3)(a) and (b) above may be exceeded with the approval of the Planning Commission. The following conditions (at a minimum) shall be established for such requests:

(i)

The increase in height shall in no way further obstruct vision for intersection streets, driveways, sidewalks or other traffic areas;

(ii)

The fence shall be screened on its external side with adequate plants so as to maintain an attractive appearance to said side.

(4)

Orientation. Any and all fences or decorative posts shall be erected so as to locate visible supports and other structural components toward the subject property. Swimming pool fencing shall also meet the requirements of the current building codes adopted by the City.

(5)

Access. Fences which enclose a property or a portion of a property shall provide a minimum three-foot wide opening or gate to any street side of such enclosure for emergency access.

(6)

Maintenance. The owner shall repair, paint, remove or otherwise attend to any fence if it becomes deteriorated, in disrepair or a menace to public safety, health or welfare. The Community Development Department of the City is hereby empowered to issue notices to lot owners to comply with this Subsection and other provisions of this Chapter. Lot owners will be given a reasonable time to comply with this Subsection, but not to exceed fifteen (15) days except that a longer period may be given at the discretion of the Community Development Department if such compliance would cause an undue hardship.

(7)

Non-Conforming Fencing. All legal fences existing prior to the effective date of this Subsection shall be subject to the non-conforming provisions of the Zoning Code except as noted in Subsection (C)(19)(c)(8) below and/or when a property changes ownership and/or tenants. At such time, the fence loses all protection of the Zoning Code and must be brought into compliance or be removed.

(8)

Temporary fencing not used for protecting excavation and construction sites and the protection of plants during grading and construction must be removed within fifteen (15) days from adoption of these provisions.

(9)

(Reserved)[3]

[3]

Editor's Note: Former Subsection (C)(19)(c)(9), regarding appeals, was repealed 5-4-2023 by Ord. No. 14.565 (Bill No. 2853).

20.

Use Of Vehicle Or Trailers For Storage Prohibited. Neither vehicles (whether operable or inoperable) nor trailers (whether on or off axles) may be used as storage buildings. This shall apply to all vehicles and trailers, including commercial vehicles, recreational vehicles, panel vans, semi-trailers, railroad boxcars, intermodal shipping containers, CONEX boxes, ISO containers, etc., except as follows:

Tractor and semi-trailer combinations (i.e. "tractor-trailers") may be used for temporary storage [e.g., up to three (3) months], for businesses located on the same property, where the property is zoned "M-1," "M-2," or "M-3," or as explicitly authorized in property zoned "C-4," subject to conditions contained in Section 405.050(C)(20)(b)(2), (3), (4), (5), (6), (7), (8) and (9), below.

(1)

The Community Development Director may grant a one-time extension upon written request for a period not to exceed three (3) months. The City Council, after review and recommendation of the Planning Commission, may grant an additional one-time, non-renewable additional extension of up to six (6) months, upon written request.

Trailers, as referenced herein, may be utilized for seasonal storage on property zoned "C-2" or "C-3," or as explicitly authorized in property zoned "C-4," between November 1 and January 31, subject to the following:

(1)

A permit must be submitted for review and approval by staff, prior to the placement of seasonal storage trailers, to include an application and support documentation delineating the location on the property where the trailers shall be located, all buildings and structures, drive lanes, parking areas, points of ingress/egress, and all information necessary to demonstrate compliance with this Subsection, as directed by staff.

(2)

Trailers shall not be located in rights-of-way, easements, internal drive aisles or roads, required yard setbacks, required parking spaces, fire lanes, in prominent view from rights-of-way or access lanes (i.e., the public viewshed), or so positioned to block access to utilities or public services (e.g., manholes, meters, fire hydrants, fire lanes, etc.).

(3)

The exterior of the trailers must be maintained with no rusting, dents or peeling paint.

(4)

Trailers shall be located on a hardened surface (e.g., concrete, asphalt).

(5)

Trailers shall be located directly on the ground (i.e., stacking of trailers shall not be permitted).

(6)

Trailers shall be prohibited from connecting to utility services, from tapping into the services of the primary facility (i.e., using extension cords to provide electricity, garden hoses to provide water, etc.), or from connecting to peripheral devices such as, but not limited to, air compressors, refrigeration/heating units, generators, etc.

(7)

Trailers shall be prohibited from storing perishable goods.

(8)

Trailers shall be prohibited from storing hazardous or dangerous materials (e.g., chemicals, solvents, propane, explosives, etc.), except when the applicant provides documentation from the appropriate governing authorities (e.g., Building Department, Fire, Police, EPA, MoDNR, etc.) that all required safety and security requirements have been met.

(9)

Failure to satisfy any of the requirements of this Subsection shall be considered a separate misdemeanor offense for each trailer where such offense has occurred and is punishable by a fine of two hundred dollars ($200.00) per offense without further warnings or notices being issued. Each day that the offense(s) shall continue shall be considered a separate violation. For purposes of clarification, each trailer on a property which is in violation of this Subsection shall be a separate violation, and each day that such trailer remains in violation of this Subsection shall be a separate violation, such that the fine of two hundred dollars ($200.00) shall apply per trailer per day.

21.

Special Events.

[Ord. No. 14.551 (2791), 5-20-2021]

Scope. No person or entity shall occupy any portion of public or private property for a special event, as defined herein, without a current, valid City permit for the special event.

Exceptions.

(1)

Otherwise permitted indoor activities within permanent, non-mobile structures on private property, do not require a special event permit; however, other City ordinances may apply.

(2)

Any event on City Parks when authorized by the Parks Director or City Administrator.

(3)

Fireworks stands, as defined herein, shall not be regulated by this Chapter.

Conditions And Limitations. The following conditions and limitations must be adhered to for each permitted category of special event.

(1)

Special Events.

(a)

Civic Events, Conditions And Limitations.

(i)

Civic events shall satisfy the general conditions for special events contained in Section 405.050(C)(21)(c)(1)(d) below.

(ii)

Civic events shall be permitted within any "C" or "M" Zoning District or on any lot occupied by a church, school, or non-profit organization. Notwithstanding the foregoing, charity runs/walks and parades may occur on public rights-of-way and private streets, so long as permission is granted from the owner of the right-of-way or private street.

(iii)

The length of each civic event shall not exceed three (3) consecutive days, except for seasonal tree, pumpkin, or plant sales, which may occur within a single period not exceeding forty-five (45) consecutive days, and carnivals and circuses, which may occur within a single period not exceeding fourteen (14) days.

(iv)

Civic events shall occur no more than three (3) times per calendar year; however, seasonal tree, pumpkin, and plant sales, and carnivals and circuses shall not count towards the number of allowable civic events.

(b)

Sales And Promotional Events, Conditions And Limitations.

(i)

Sales and promotional events shall satisfy the general conditions for special events contained in Section 405.050(C)(21)(c)(1)(d) below.

(ii)

Sales and promotional events shall be permitted within any "C" or "M" Zoning District.

(iii)

The length of each sales and promotional event shall not exceed three (3) consecutive days, except for a grand opening, which may occur within a single period not exceeding fourteen (14) consecutive days.

(iv)

Sales and promotional events shall occur no more than three (3) times per calendar year, except a grand opening sales and promotional event shall not count towards the number of allowable sales and promotional events, provided that such grand opening is associated with a new business license and occupancy permit being issued for such business.

(c)

Private Events, Conditions And Limitations.

(i)

Private events shall satisfy the general conditions for special events contained in Section 405.050(C)(21)(c)(1)(d) below.

(ii)

Private events shall be permitted within any non-residential zoning district or on any lot occupied by a church, school, non-profit organization, home owners association or similar entity.

(iii)

Duration. Shall not exceed one (1) day in length exclusive of set-up and removal of tents, canopies, signs, inflatable devices, etc.

(iv)

Shall be kept clean and orderly, consistent with the most currently adopted codes and ordinances.

(d)

General Conditions And Limitations For All Special Events.

(i)

As a condition to the grant of a special event permit, the applicant shall provide written evidence establishing that permission of the property owner has been granted to conduct the special event as proposed.

(ii)

The special event shall be conducted at least thirty (30) feet from any dwelling on adjacent properties. However, carnivals shall be conducted at least one hundred (100) feet from any dwelling located in a residentially zoned district.

(iii)

Special events may utilize tents and other temporary structures; however, such structures with floor areas in excess of two hundred (200) square feet shall require a building permit and are subject to fees therefore.

(iv)

Special events may utilize inflatable devices, provided that the applicant for a special event permit has submitted manufacturer documentation and/or calculations demonstrating the anchoring system to be utilized to demonstrate safety of said device; and that such device does not wave, flutter or move back and forth or up and down.

(v)

Special events may utilize temporary signage as permitted herein.

(vi)

Tents or other temporary structures, inflatable devices, and special event signage shall not be located within the thirty-foot sight triangle of a driveway or street or within ten (10) feet of a side property line.

(vii)

No tent or other temporary structure, inflatable device, or sign shall exceed the height allowed, as measured from the ground, for structures for the zoning district in which it is located.

(viii)

Tents or other temporary structures, inflatable devices, and signs shall pose no unusual fire or other hazard and shall have received all safety and other inspections and approvals required by State or local law in order to be operated or utilized.

(ix)

Outdoor activities, other than the continued placement of signs, tents or other temporary structures, and inflatable devices (as authorized herein), shall not be conducted earlier than 9:00 A.M. nor later than 11:00 P.M.

(x)

No outdoor activities shall block traffic movement on any street unless explicit permission has been granted by the City of Arnold and any other applicable jurisdiction.

(xi)

The use of any sound system shall be controlled so as not to become a nuisance to adjacent properties.

(xii)

Any light source shall be shielded or directed downwards so that the lighting element is not visible at or beyond the property lines of the parcel or lot on which the special event is located.

(xiii)

Flashing and moving lights shall not be utilized, except that carnivals may employ up to two (2) arc-light devices.

(xiv)

Adequate parking facilities shall be provided in an amount to be determined by the Community Development Director, or designee, based on the intensity of the primary use of the property and that of the special event. Special event parking shall be on a hardened surface, to include such materials as asphalt, concrete, paver brick, compacted sand, compacted gravel, clay, or other material as approved by the City Engineer.

(xv)

Available sanitation facilities shall be adequate to meet the requirements of the expected attendance of the special event; and any temporary restroom facilities shall be approved for use by the Jefferson County Health Department.

(xvi)

Mobile food vehicles shall be permitted in conjunction with a special event permit issued pursuant to this Section, provided that such permit specifically authorizes the operation of mobile food vehicles, and such mobile food vehicles have been granted a permit per the requirements of Chapter 605 of this Code.

(xvii)

Such other conditions as the Community Development Director, City Engineer, Chief of Police or the Fire District finds necessary to protect the general welfare of the community.

(xviii)

Special event signage permitted:

During a special event, one (1) freestanding special event sign may be posted per street frontage of the lot where the special event is occurring, provided that such signs:

1)	Have a maximum single sign-face area of twenty-four (24) square feet.
2)	Do not exceed ten (10) feet in height as measured from the ground to include its structure.

During a special event, one (1) building-mounted banner special event sign may be posted, provided that such signs:

1)	Have a maximum sign-face area of thirty-two (32) square feet.
2)	Are only mounted on building walls, parapet walls, retaining walls, or fences, except on properties or buildings with multiple businesses, such as but not limited to shopping centers, where such signs shall only be located on the portion of the building face where the business or use is located.

(xix)

Special event signage, not specifically permitted, is prohibited. Prohibited signs, include, but are not limited to, the following:

Signs that by electronic, mechanical, environmental activation or other means, flap, flash, flutter, glitter, move, revolve, rotate, sparkle, spin, swing, scroll text across any portion of a sign, or display video content on any portion of a sign.

Signs whose color, location or design resembles and/or conflicts with traffic control signs or devices.

Signs that are painted on or attached to trees, shrubs, lampposts, hydrants, guardrails, bridge supports, traffic signs, stairways, benches, refuse containers, rocks, other natural features, telephone poles, utility poles or similar structures.

Signs that are affixed or attached to any vehicle, including trucks, cars, motorbikes, and bicycles, or to any trailer, wheeled cart, wagon platform, or any device designed to be towed behind a vehicle.

Signs that emit amplified sound or noise of any kind.

Signs that are internally or externally lit.

Human or living signs (i.e., a sign that is held by or attached to a human being who stands or walks on the ground, including a person dressed in a costume for the purposes of advertising or attracting the attention of passersby), captive or tethered balloons, blimps, dirigibles, beacons or flashing lights (except as authorized herein), flags, fringe, pennants, pinwheels, handbills, or paper posters.

Fees. Applications for special event permits require no fee, however, applicable building permit and business license fees may be required as governed by this Code.

Issuance Of Special Event Permits.

(1)

An application for a permit for conducting a special event may be filed with the Community Development Department on forms provided by that official and accompanied by plans, data and other material as may be necessary to fully describe the nature, location and timing of the special event. Such applications shall be filed at least fourteen (14) calendar days before the event to allow for its review. If the Community Development Director, or their assigns, finds that the conditions contained in this Section, as applicable, will be adhered to, he or she shall authorize the issuance of a permit for such special event. However, the Community Development Director, or their assigns may reject such applications for cause, including, but not limited to, the advice of the Chief of Police, the Fire District, or the City Engineer.

Appeal Of The Permit Decision.

(1)

An applicant may appeal a staff decision denying a special event permit to the City Administrator, whose decision shall be final. The applicant must initiate the appeal process within five (5) business days of the date of the challenged decision. The applicant must include at least the following information in order for the City Administrator to consider the appeal:

(a)

The name, contact information and signature of the applicant.

(b)

A statement explaining why staff erred in concluding the standards in this Section have not been met and identifying any evidence relied upon to support the claim of error.

(2)

The City Administrator will issue a decision in a timely manner.

Revocation Of Special Event Permits.

(1)

The Community Development Director may revoke a permit granted under this Section under the following conditions:

(a)

The permit was obtained by fraud or misrepresentation; or

(b)

Authorized signs, tents or other temporary structures and inflatable devices are not being maintained in good condition and repair; or

(c)

When the safety or general welfare of the community is determined to be at risk by the Chief of Police, City Engineer, Building Commissioner, or Fire District.

Section 405.060 (Reserved)

Section 405.070 Non-Conformities.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]

Intent.

Within the districts established by this Chapter or amendments that may later be adopted there exist:

Lots;

Structures;

Uses of land and/or structures; and

Characteristics of use which were lawful before this Chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Chapter or future amendment.

It is the intent of this Chapter to permit these non-conformities to continue, except as delineated herein, until they are removed, cease operation, or damaged beyond fifty percent (50%), but not to encourage their survival. It is further the intent of this Chapter that non-conformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for additions, expansions of operations of the use, and/or adding other structures or uses prohibited elsewhere in the same district.

Non-conforming uses are declared by this Chapter to be incompatible with permitted or, in some situations, conditional uses in the districts involved. A non-conforming use of a structure, a non-conforming use of land, or a non-conforming use of structure and land in combination shall not be enlarged upon, expanded, or extended, nor be used as grounds for additions, expansions of operations of the use, and/or adding other structures or uses prohibited elsewhere in the same district after passage of this Chapter by attachment on a building or lands of additional signs intended to be seen from off the lands, or by the addition of other uses, of a nature which would be prohibited generally in the district involved.

To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Chapter and upon which actual building construction has been carried on diligently. "Actual construction" is hereby defined to include the planning of construction materials in permanent position and fastened in a permanent manner.

The existence of any present non-conformity anywhere in the City shall not itself be considered grounds for the issuance of a variance for other property.

Non-Conforming Lots Of Record. For purposes of this Chapter, the terms "single ownership" and "same ownership" shall be interchangeable, and shall refer to contiguous lots or parcels owned by single or multiple individuals, trusts, corporations, partnerships, or other parties of interest, and shall include contiguous lots or parcels owned by any combination of husband and/or wife, or other legal spousal relationships pursuant to State Statute.

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Chapter, notwithstanding limitations imposed by other provisions of this Chapter. Such lot must be in separate ownership and not of contiguous frontage with other lots in the same ownership; provided, however, that if the said lot is of record in a subdivision of record as of the passage of this Chapter and if said subdivision of record has constructed residences upon seventy percent (70%) or more of its platted lots of record, then single-family residences may be constructed on each of said platted lots as non-conforming lots of record. This provision shall apply even though such lot fails to meet the requirement for area or width, or both, that are generally applicable in the district, provided that yard and dimensions and requirements other than these applying to area or width, or both, of lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Adjustment.

If two (2) or more lots or combination of lots and portions of lots with contiguous frontage in single ownership are of record at the time of passage or amendment of this Chapter, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Chapter, nor shall any division of any parcel be made which created a lot with width or area below the requirements stated in this Chapter; provided, however, that if the said lots or combinations of lots and portions of lots with contiguous frontage in single ownership are of record in a subdivision of record as of the passage of this Chapter and if said subdivision of record has constructed residences upon seventy percent (70%) or more of its platted lots of record, then platted lots in said subdivision shall be one (1) lot and not an undivided parcel.

Non-Conforming Structures. Where a lawful structure exists at the effective date of adoption or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, lot coverage, height, yard, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.

Should such non-conforming structure or non-conforming portion of structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Chapter.

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulation for the district in which it is located after it is moved.

Pre-existing Single-Family, Two-Family, Three-Family, Four-Family, and Multi-Family Dwelling structures that do not meet the regulations contained in this Chapter, including but not limited to Section 405.160, Building and Site Design Standards, shall be non-conforming structures, and subject to Section 405.070(C)(1-3) and the following provisions:

[Ord. No. 7.49 (2830), 7-21-2022]

Any non-conforming single-family detached residence that is destroyed by an act of God or other non-negligent unintentional cause may be rebuilt as it existed prior to its destruction subject to the adopted Building Code and Federal and State requirements.

The expansion of any non-conforming Single-Family, Two-Family, Three-Family, Four-Family, or Multi-Family residence shall require approval by the Board of Adjustment, except that the addition of non-living spaces such as open porches, screened porches, porticos, decks, and balconies, shall be permitted subject to the respective district's yard setback requirements.

Non-Conforming Uses Of Structures, Land, Or Structures And Lands In Combination. If lawful use involving individual structures with a replacement cost of ten thousand dollars ($10,000.00) or more, or of structure and lands in combination, exists at the effective date of adoption or amendment of this Chapter, that would not be allowed in the district under the terms of this Chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

No such non-conforming use shall be enlarged, expanded or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Chapter.

No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Chapter.

If any such non-conforming use of a structure, land or structure and land in combination ceases for any reason for a period of more than sixty (60) days (except when government action impeded access to the lands), any subsequent use of such structure, land or structure and land in combination shall conform to the regulations specified by this Chapter for the district in which such structure, land or structure and land in combination is located.

No additional structure or structures shall be erected in connection with such non-conforming use of land.

No existing structure devoted to a use not permitted by this Chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

If no structural alterations are made, any non-conforming use of a structure, land or structure and lands may as a special exception be changed to another non-conforming use, provided that the Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with the provisions of this Chapter.

Any structure, land or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the non-conforming use may not thereafter be resumed.

Where non-conforming use status applies to a structure, land or structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. "Destruction," for the purpose of this Subsection, is defined as damage to an extent of more than fifty percent (50%) of the replacement cost at time of destruction.

Repairs And Maintenance.

On any non-conforming structure or portion of a structure containing a non-conforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten percent (10%) of the current replacement cost of the non-conforming structure or non-conforming portion of the structure, as the case may be, provided that the cubic content existing when it became non-conforming shall not be increased.

If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conforming with the regulations of the district in which it is located.

Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

Non-Conforming Uses Which Otherwise Require A Conditional Use Permit. Any use which is permitted with a conditional use permit in a district under the terms of this Chapter (other than a change through Board of Adjustment action from a non-conforming use to another use not generally permitted in the district) shall be deemed a non-conforming use in such district, and will be permitted to continue under the terms for non-conforming uses or until such time as a conditional use permit has been granted by the City under the terms contained in Section 405.080, Conditional Uses.

Non-Conforming Manufactured Home Parks And Non-Conforming Manufactured Homes. All non-conforming manufactured home parks and other non-conforming manufactured homes lawfully existing at the effective date of the adoption of this Chapter that would not be allowed in the zoning district or under the terms of this Chapter may be continued so long as they remain otherwise lawful, subject to the following special provisions:

[Ord. No. 14.562 (Bill No. 2848), 1-19-2023]

Non-Conforming Manufactured Home Parks Within "MHD" Manufactured Home Districts. Manufactured home parks located in "MHD" Manufactured Home Districts that are non-conforming due to lot size, setback, or other such characteristics shall be subject to the following special provisions:

Shall not be expanded or modified except in conformance with the guidelines of the "MHD" Manufactured Home District.

Non-conforming manufactured home parks or parts thereof that are made to conform with the regulations of the "MHD" Manufactured Home District shall thereafter be required to conform and shall not be altered to create a non-conforming use.

Any non-conforming manufactured home park destroyed by any means to an extent of more than fifty percent (50%) of its reconstruction cost at the time of destruction, including streets, pads and utilities, shall not be reconstructed except in conformance with the provisions of the "MHD" Manufactured Home District.

Notwithstanding other provisions of the "MHD" Manufactured Home District regulations to the contrary, manufactured home parks that are located within "MHD" Manufactured Home Districts that existed at the time of adoption of this Chapter shall meet the following minimum requirements:

(1)

Manufactured homes shall not be located closer than ten (10) feet to any street right-of-way, road easement, or street that is located within the boundaries of the manufactured home park. No manufactured home shall be located closer than twenty (20) feet to any street right-of-way or road easement that is located outside the boundaries of the manufactured home park.

(2)

Manufactured home pads may not be expanded, and larger manufactured homes may not be placed in the manufactured home park.

(3)

Manufactured homes shall be located so that there is a clear space of not less than fifteen (15) feet between it and any other manufactured home, building, or structure of any kind, except storage sheds not exceeding ten (10) feet by ten (10) feet in dimension or any required fencing. Any deck, carport, patio cover, or other appurtenance that is constructed of combustible material shall be considered to be a part of the manufactured home and shall not be located closer than fifteen (15) feet to any other manufactured home, building, or structure of any kind.

(4)

For the purposes of this Chapter, the above setback provisions shall be applied without regard to any internal side or rear property lines for lots that are platted within the manufactured home park.

Any non-conforming manufactured home park within an "MHD" Manufactured Home District that ceases operation for a period of sixty (60) days, for any reason (except when government action impeded access to the lands), any subsequent reopening of the manufactured home park shall only be permitted when such operation is in full conformance with the regulations for "MHD" Manufactured Home Districts; provided, that in addition to its normal usage and meaning and for the purposes of this Chapter, a manufactured home park is deemed to be not operating if any required City license or renewed license is not obtained or in effect within sixty (60) days after the licensee is notified, in writing, by the City to obtain or renew the license. Failing the reopening of the park in full conformance with the regulations for "MHD" Manufactured Home Districts, all manufactured homes shall be removed from the premises in their entirety, to include the removal of all appurtenances and accessory structures, including, but not limited to, pads, utility service lines, sheds, drives, parking areas, etc.

Non-Conforming Manufactured Home Parks Not Located In A "MHD" Manufactured Home District. All manufactured home parks that are not located within "MHD" Manufactured Home Districts are considered as non-conforming uses and as such are subject to the following special provisions:

All manufactured home parks or parts of manufactured home parks that are not located within "MHD" Manufactured Home Districts are prohibited from expanding upon the non-conforming use by adding additional pads, lots, or other facilities to enable the placement of additional manufactured homes.

Notwithstanding other provisions of this Chapter to the contrary, manufactured home parks that are not located within "MHD" Manufactured Home Districts that existed at the time of adoption of this Chapter shall meet the following minimum requirements:

(1)

Manufactured homes shall not be located closer than ten (10) feet to any street right-of-way, road easement, or road that is located within the boundaries of the manufactured home park. No manufactured home shall be located closer than twenty (20) feet to any street right-of-way or road easement that is located outside the boundaries of the manufactured home park.

(2)

Manufactured home pads may not be expanded, and larger manufactured homes may not be placed in the manufactured home park.

(3)

Manufactured homes shall be located so that there is a clear space of not less than fifteen (15) feet between it and any other manufactured home, building, or structure of any kind, except storage sheds not exceeding ten (10) feet by ten (10) feet in dimension or any required fencing. Any deck, carport, patio cover, or other appurtenance that is constructed of combustible material shall be considered as a part of the manufactured home and shall not be located closer than fifteen (15) feet to any other manufactured home, building, or structure of any kind.

(4)

For the purposes of this Chapter, the above setback provisions shall be applied without regard to any internal side or rear property lines for lots that are platted within the manufactured home park.

A non-conforming manufactured home park destroyed by any means to an extent of more than fifty percent (50%) of its reconstruction cost at the time of its destruction, to include streets, pads, and utilities, shall not be reconstructed.

Any non-conforming manufactured home park not located in an "MHD" Manufactured Home District that ceases legal operation for sixty (60) days, for any reason (except when government action impeded access to the lands), shall be deemed abandoned; provided, that in addition to its normal usage and meaning and for the purposes of this Chapter, a manufactured home park is deemed to be not operating if any required City license or renewed license is not obtained or in effect within sixty (60) days after the licensee is notified, in writing, by the City to obtain or renew the license; and shall not be used thereafter as a manufactured home park; and all manufactured homes, appurtenances, including, but not limited to, pads, utility service lines, sheds, etc., shall be removed.

Non-Conforming Manufactured Homes Not Located Within Manufactured Home Parks. All manufactured homes lawfully existing at the date of the adoption and approval of this Chapter that are not located within manufactured home parks or "MHD" Manufactured Home Districts are considered as non-conforming uses and as such are subject to the following special provisions:

Manufactured homes which are not located in a manufactured home park existing on the effective date of this Chapter may not be replaced with another manufactured home; and

Manufactured homes which are not located in a manufactured home park existing on the effective date of this Chapter may only be repaired or renovated as permitted in Section 405.070(E), Repairs and Maintenance.

Manufactured homes, which are not located in a manufactured home park existing on the effective date of this Chapter, shall not be moved for any reason for any distance whatsoever except for their removal.

Manufactured homes, which are not located in a manufactured home park existing on the effective date of this Chapter that cease to be legally occupied for sixty (60) days, for any reason, shall be deemed abandoned; and shall be removed from the premises in their entirety, to include the removal of all appurtenances and accessory structures, including, but not limited to, pads, utility service lines, sheds, drives, parking areas, etc.

Termination And Removal Of Non-Conforming Use.

The period of time during which the following non-conforming uses of buildings, structures or land may continue or remain shall be limited to two (2) years from the effective date of the original ordinance, or for two (2) years from any amendment thereto which causes the use to be non-conforming. Every such non-conforming use shall be completely removed from the premises at the expiration of the two-year period. Those uses to which the above applies are as follows:

Any non-conforming building or structure having a fair cash market value not in excess of one thousand dollars ($1,000.00) on the effective date of this Chapter.

Any of the following non-conforming structures, vehicles or other outdoor equipment, which are not attached to a building and existed lawfully on the effective date of this Chapter:

(1)

Non-conforming signs;

(2)

Billboards;

(3)

Outdoor advertising structures; and

(4)

Commercial vehicles, recreational vehicles, panel vans, semi-trailer, railroad boxcars, intermodal shipping containers, CONEX boxes, ISO containers, etc., being utilized for the purpose of storage or as storage buildings, except as expressly allowed in the Zoning Ordinance.

Any non-conforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building other than automobile wrecking yards and junk yards. However, public or private off-street parking lots lawfully established prior to the effective date of this Chapter shall not be affected by this provision.

No junk or automobile salvage yard shall be operated or maintained for more than thirty-six (36) months after a zoning change to a use district within which such use is not permitted, except that in an "M-3" Limited Manufacturing District, the City Council may permit, for a specified time, the continued use of an area containing a junk or automobile salvage yard, provided that a six-foot-high masonry wall or durable, decorative, sightproof fence be constructed around such areas.

Pre-existing, non-conforming unpaved driveways shall be brought into full compliance with paving requirements when:

[Ord. No. 7.48 (2825), 5-19-2022]

A new structure requiring a driveway is constructed; or

The square footage of any existing structure requiring a driveway is expanded by more than fifty percent (50%); or

There is a change in ownership or occupancy of the property.

Section 405.080 Conditional Uses.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]

It is hereby declared that certain land uses and developments present unique problems with respect to their proper location, relationship to other land uses and uses. Therefore, analysis and judgment of the consequences of each development and use is necessary to preserve and to promote the public health, safety, and general welfare. The following procedure is to govern the establishment of such developments and uses:

The Planning Commission shall file a report with the Council in which said Commission shall grant, conditionally grant, or deny an application for a conditional use permit and state those reasons therefore. The Planning Commission, after public hearing, may permit those developments and uses where such developments and uses have met the below criteria:

Consistent with good planning practice;

Can be operated in a manner that is not detrimental to the permitted developments and uses in the district;

Can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area;

Deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the City of Arnold.

In approving such conditional uses, the Planning Commission shall impose such conditions as it determines necessary to satisfy the criteria established in this paragraph.

Unless otherwise stated, substantial work or construction under a conditional use permit must be commenced within one (1) year, or the permit shall terminate. Conditional use permits shall be for an unlimited period unless a lesser period shall be provided in a particular permit. Upon the expiration of the time limit specified in a particular permit, the property owner may request that the conditional use permit be reviewed by the Planning Commission which body may extend it for an unlimited period or for an additional period of time. This review and extension may take place without a public hearing and forwarding to City Council.

The granting of a conditional use permit may be initiated by a resolution of intention by the Planning Commission or the Council or by a verified application of one (1) or more of the owners or authorized representative of the owners of the property proposed to be changed.

Upon denial by the Planning Commission of an application for a conditional use permit, the Commission shall notify the applicant of the denial. If no appeal is taken from said denial and if the Council does not exercise its power of review, no subsequent application for a like use with reference to the same property or part thereof shall be filed by any applicant, whether the same person or persons, firm or corporation, until the expiration of twelve (12) months after the denial. No provision herein shall be construed to prevent the Planning Commission or Council from initiating the procedure provided in this Section by a resolution of intention at any time.

Application For Conditional Use Permits, Forms And Contents.

Applications for conditional use permits shall be addressed to the Arnold Planning Commission and filed in its office upon forms prescribed for that purpose by the Planning Commission and accompanied by the following:

(1)

A preliminary development plan and other information in such detail including, but not limited to, the following:

(a)

Preliminary site plans showing proposed uses and structures.

(b)

Existing and proposed contours at intervals of two (2) feet or less referred to mean sea level.

(c)

A landscaping plan, which shall include location of all existing tree masses and isolated trees having a trunk diameter of six (6) inches or more, and all other proposed landscaping.

(d)

Two (2) cross section profiles through the site showing preliminary building form, existing natural and proposed final grade.

(e)

The proposed ingress and egress to the site including adjacent streets.

(f)

A preliminary plan for provision of sanitation and drainage facilities.

(g)

Other information as prescribed by the City of Arnold.

Names and mailing address, on mailing labels, of adjacent property owners within one hundred eighty-five (185) feet of the property in question.

Each application shall be verified by at least one (1) of the owners or authorized representatives of the owners of the property to be changed attesting to the truth and correctness of all facts and information presented with the application.

Hearing Date, Public Notice. Upon the filing with the Planning Commission of such application, or upon the adoption of a resolution of intention by the Planning Commission, or the Council, the matter shall be set for public hearing before the Planning Commission within sixty (60) days, with the same publication and posting of public notice as is required in Section 405.260 for the change of zoning, except that posted public notice signs shall indicate that the public hearing is for a conditional use permit and the public hearing is for the Planning Commission, not the City Council.

Protests, Appeal, Or Council Review.

Protest Before The Planning Commission Action. In case of a written protest against any proposed conditional use permit signed and acknowledged by the owners of thirty percent (30%) by area (exclusive of streets and alleys) of the property within one hundred eighty-five (185) feet of the property in question filed with the City Clerk and verified, such conditional use permit may not be passed except by the affirmative vote of two-thirds (2/3) of the members of the Planning Commission present. The conditional use permit shall proceed as prescribed above to the City Council.

Appeal Of Planning Commission Action. Upon the denial of an application for a conditional use permit by the Planning Commission, the applicant may file an appeal with the Council requesting a determination from that body. A notice of appeal shall be filed within seven (7) days after the Planning Commission's action. Notice of appeal to the Council shall be in writing and shall be filed with the City Clerk. The appeal shall set forth specifically wherein the conditional use permit sought is:

(1)

Consistent with good planning practice;

(2)

Can be operated in a manner that is not detrimental to the permitted developments and uses in the district;

(3)

Can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; and

(4)

Is essential or desirable to preserve and to promote the public health, safety, and general welfare of the City.

The City Council will set the matter for a public hearing, review the report of the Planning Commission, and review the appeal. The City Council may uphold the Planning Commission denial or overturn the denial based on the above criteria.

Protest Of Planning Commission Action. Owners of thirty percent (30%) by area (exclusive of streets and alleys) of the property within one hundred eighty-five (185) feet of the property in question may file a protest with the Council against the approval by the Planning Commission of a conditional use permit within seven (7) days after the Planning Commission's action. Such protest to the Council shall be in writing and shall be filed with the City Clerk for verification. The protest shall specifically set forth why the conditional use permit sought is:

(1)

Not consistent with good general planning practice or good site planning, or

(2)

That the proposal cannot be operated in a manner that is not detrimental to the permitted developments and uses in the district, or

(3)

That the proposed development is not visually compatible with the permitted uses in the surrounding area and wherein the proposed development is not consistent with the general welfare of the City, or

(4)

The use is not essential or desirable to preserve and to promote the public health, safety, and general welfare of the City.

The City Council will set the matter for a public hearing, review the report of the Planning Commission, and review the protest. The City Council may uphold the Planning Commission decision or overturn the decision based on the below criteria.

(a)

Consistent with good planning practice;

(b)

Can be operated in a manner that is not detrimental to the permitted developments and uses in the district;

(c)

Can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area;

(d)

Deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the City.

City Council Review Of Planning Commission Action. In the event the Council determines to exercise its power of review, the Council shall set the matter for a public hearing and review the report of the Planning Commission. The City Council may uphold the Planning Commission decision or overturn the decision based on the below criteria.

(1)

Consistent with good planning practice;

(2)

Can be operated in a manner that is not detrimental to the permitted developments and uses in the district;

(3)

Can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area;

(4)

Deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the City.

Amendment Of Conditions. Whenever after the granting of a conditional use permit, the public necessity, convenience, general welfare and good zoning practice require, the Planning Commission may, upon request of the grantee, allow modification in the conditions of said conditional use permit subject to the same provisions set forth in Subsections (A)(4) and (5) of this Section.

A previously granted conditional use will transfer to a new owner and run with the land. However, if the conditional use has not been active for nine (9) months or if there is not substantial compliance with the conditions ascribed or if there is not substantial compliance with the codes/regulations of the City, the City shall revoke the conditional use permit. Such a revocation would be based upon evidence and would follow notice to the permit holder as outlined in Section 405.230, Administrative Enforcement, Violations and Penalties. The permit holder may appeal an administrative decision to revoke as provided in Section 405.240, Board of Adjustment.

Section 405.090 Planned Developments.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]

Authorization.

The City Council may by ordinance grant a special permit for a planned residential development authorized by this Section on such terms and conditions and with such restrictions as the Council may determine, subject to the provisions of this Section.

The City Council may establish a planned commercial or industrial district by ordinance in the same manner that other mapped districts are established where the City Council determines that any particular tracts or areas should be developed for commercial or industrial use, but because of potential conflicts with adjoining uses, existing or potential, a greater degree of control of the manner of development is necessary to protect the general welfare than is possible under the regulations of the other "C" Commercial or "M" Industrial Districts.

The City Council may establish a manufactured home district by ordinance in the same manner that other mapped districts are established where the City Council determines that any particular tracts or areas should be developed for manufactured home park, but because of natural topography, hydrology, existing or planned developments, and arrangements and location of existing or planned-community facilities, and social needs of the community, a greater degree of control of the manner of development is necessary to protect the general welfare than is possible under the regulations of the other districts.

Planned Residential Development Procedure.

Intent And Purpose.

The purpose of this Subsection is to provide a progressive but controlled, creative zoning procedure in the "R-1," "R-2," "R-3," "R-4," and "R-5" Residence Districts in order to permit flexibility in building types, locations and subdivision design.

In an "R-1," "R-2," "R-3," "R-4," or "R-5" Residence District, a tract of land may be developed for residential use in a variety of building types and designs to include, but not limited to, row houses, and other cluster arrangements of attached or detached buildings, provided that approval is obtained for a planned residential development plan in compliance with the following procedure.

Preliminary Planned Residential Development Plan Process.

The granting of a planned residential development plan shall be initiated by the filing of a verified application by one (1) or more of the owners or authorized representative of the owners of the property sought to be used for the planned residential development process.

Applications shall be addressed to the City of Arnold Planning Commission and filed in the office of Community Development upon forms provided by the Community Development Department and accompanied by the required data and information as is prescribed by the Planning Commission so as to assure the fullest practicable presentation of facts for the permanent record and for adequate preliminary consideration of the proposal.

If the Planning Commission gives preliminary approval to the application, the matter shall be forwarded to the City Council together with the approved plans for consideration by that body. If the application is approved by the City Council, the development will be processed as in the manner prescribed by the Subdivision Code with regard to grading and improvement plans.

Final Planned Residential Development Plan Process. A final planned residential development plan shall be submitted, reviewed, and approved following the procedures for record plat approval. Once approved, the plan shall be recorded with the Recorder of Deeds as a planned residential development plan.

Miscellaneous Requirements.

The proposed planned residential development plan should comply with the intent of the density and setbacks outlined for the underlying residential zone district. However, increased density will only be considered when the development includes additional factors such as: usable open space and/or recreational amenities; architectural features/design for the structures that create a unique character for the entire development (this does not include typically designed residence found in standard subdivisions); streetscape features including unique street lights, pedestrian/bike paths, landscaping, etc.; substantial landscape packages for the individual lots and common areas; and other unique characteristics to the development.

No building permit shall be issued for construction of any structure on the tract of land involved that is not in conformity with the approved preliminary development plan.

Unless otherwise stated, substantial work or construction under the planned residential development plan must be commenced within one (1) year, or the plan shall terminate. If the plan is not reinstated within a period of six (6) months from the date, it shall becomes null and void, and the City Council may order the plan to be vacated.

Each application for a planned residential development permit shall encompass not less than five (5) acres.

The Planning Commission shall, in the instance of every application submitted under this regulation, especially consider architectural, landscape and other relationships which may exist between the proposed development, the character of the surrounding neighborhood, and the City of Arnold, and shall prescribe and require such physical treatment or other limitations as will, in its opinion, preserve said neighborhood or City character.

Height limitations for structures may be modified by the Planning Commission, with respect to any structure proposed in an application for a planned residential development permit if the normal requirements for open areas on the premises are modified as follows: Any residential structure exceeding three (3) stories in height shall be set back from all property lines at least one (1) additional foot for each foot of height above thirty-five (35) feet above the average finished ground elevation at the perimeter of such structure.

Off-street parking requirements applicable in any district shall in no event be diminished by the Planning Commission, but the Planning Commission may require that open parking areas be depressed below the grade of the remainder of the property, or screened by walls, fences, or plant material, or by both methods in order to preserve or complement the general character of any existing developments on adjacent properties.

The Planning Commission may explicitly impose special conditions relating to any development under this Subsection. These conditions may relate to, but need not be limited to, the following:

(1)

Conditions relative to the type and extent of improvement and landscaping.

(2)

Conditions concerning development, improvements, and maintenance of common ground.

(3)

Conditions relative to the maximum or minimum gross floor area per dwelling unit.

(4)

Conditions relative to the architectural character of the structures.

(5)

Conditions prohibiting the development of the property except in accordance with the provisions of the ordinance of the City of Arnold approving the planned residential development plan, and prohibiting the issuance of a building permit for any other use or development not in compliance with the above-mentioned City ordinance for a period not to exceed five (5) years from date of ordinance, unless extended by City Council.

(6)

In developments wherein open spaces, recreational areas or other common lands are provided, the acreage of which is included in the available gross acreage used in the determination of the maximum number of allowable dwelling units in the development, said common land shall be conveyed by the developer in fee simple absolute title by warranty deed to a Board of Trustees. The Trustees shall make provision by trust indenture for the sole benefit, use, and enjoyment of the lot owners, present and future, of each subdivision authorized under the planned residential development procedure for a term of years certain. The term of years certain shall extend for a period of at least twenty (20) years, or for the duration of the subdivision or development, whichever period of time is less. Thereafter, fee simple absolute title shall vest in the then lot owners or owners of other real property as joint owners. The rights of said joint tenants shall only be exercisable appurtenant to and in conjunction with their lot ownership or ownership of other real property. Any conveyance or change of ownership of any lot or other real property shall convey with it ownership in the common property. No lot owner or owner of other real property shall have the right to convey his/her interest in the common property except as an incident of the ownership of a regularly platted lot or ownership of other real property in the development. The sale of any lot or other real property in the development shall carry with it all the incidents of ownership of the common property although such is not expressly mentioned in the deeds; provided, however, that no right or power conferred upon the trustees shall be abrogated. Warranty deeds and trust indentures complying with the aforementioned provisions shall have attached thereto a written legal opinion prepared and signed by an attorney licensed to practice law in the State of Missouri setting forth the attorney's legal opinion as to the legal form and effect of the deeds and trust indentures. The deeds and indentures shall be approved by the City Counselor as to legal form and filed with the Recorder of Deeds of Jefferson County simultaneously with recording of the final planned residential development plan.

Criteria For Review Of Planned Residential Development Plan. The Planning Commission, after a public hearing, may grant a planned residential development plan when it finds that:

The residential development proposal is consistent with good planning practice.

The residential development proposal is consistent with good site planning.

The residential development proposal can be operated in a manner that is not detrimental to the permitted uses in the surrounding area.

The residential development proposal is complementary to the City of Arnold.

The residential development proposal is deemed desirable to promote the general welfare of the City of Arnold.

Protest. In case of a protest against such planned residential development plan duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the City Council.

The protest must be filed with the City Clerk no later than seven (7) days after the public hearing before the City Council.

Within thirty (30) days from the filing of the protest, the City Council must take action on the request.

Any decisions regarding changes in regulations, restrictions, and boundaries may be appealed to the Circuit Court. However such appeals are subject to strict time limitations and any person pursuing such appeal is advised to seek legal advise from an attorney licensed to practice law in the State of Missouri.

"C-4" Planned Commercial District.

Purpose.

The "C-4" Planned Commercial District of City of Arnold, Missouri, encompasses areas wherein may be located developments and uses permitted in any of the other "C" Commercial Districts. Within the Planned Commercial District, it is the purpose of these regulations to facilitate the establishment of combinations of developments and uses for which no provision is made in any other single "C" Commercial District or the establishment of commercial developments and uses in locations where it would be appropriate to the area if they were to take place under approved site plans, and such conditions as to assure said developments and uses would be consistent with good planning practice and operated in a manner compatible with permitted developments and uses in adjoining districts, as necessary to protect the general welfare.

A planned commercial district may be established on a tract of land in single ownership or management control, provided that the preliminary development plan and the application for change of zoning are approved by the City Council, and the final development plan is approved by the Planning Commission and recorded in accordance with the requirements of this Subsection, and provided that the schedule of construction is complied with in accordance with the requirements of this Subsection.

A planned commercial district may be established by ordinance of the City Council in the same manner that other mapped districts are established where the City Council determines that any particular tracts or areas should be developed for commercial use, but because of potential conflicts with adjoining uses, existing or potential, a greater degree of control of the manner of development is necessary to protect the general welfare than is possible under the regulations of the other "C" Commercial Districts.

Permitted Land Uses And Developments.

In a planned commercial district, the uses permitted shall only be:

(1)

Those designated as a permitted use in any of the "C" Commercial Districts; and

(2)

Those designated as conditional use in any of the "C" Commercial Districts subject to procedures contained in Section 405.080, Conditional Uses, of the Zoning Ordinance.

The specific ordinance authorizing the establishment of a particular planned commercial district related to a specific tract of land may further limit the uses permitted on the tract.

Height Limitations For Structures. Unless otherwise restricted by application of regulations of Section 405.050(B) of this Chapter, the total height of any structure shall be limited by the conditions in the ordinance authorizing the establishment of the particular planned commercial district.

Lot Area And Yard Requirements.

The lot area for any use or building in a planned commercial district shall not be less than one (1) acre, unless said lot or parcel is adjacent to an existing "C" Commercial District or "M" Industrial District or except as may be established by the City Council and Planning Commission as a part of the Comprehensive Zoning Plan of the City, except that no lot or tract of land in a planned commercial district shall have an area, exclusive of any area dedicated as a public roadway, comprising less than thirty-two and six hundred seventy thousandths (32.670) square feet.

Setbacks for parking areas and structures shall be established by the conditions governing the particular planned commercial district so as to ensure compatibility with adjoining developments, uses and zoning, but no parking area or structure shall be permitted within fifteen (15) feet of a property line adjoining property in an "R" Residence District.

Any structure in a planned commercial district exceeding thirty (30) feet in height which adjoins property in an "R" Residence District shall be set back from such property line, in addition to the minimum fifteen (15) feet, a distance of one (1) foot for every two (2) feet in height above thirty (30) feet; greater setbacks may be required if deemed necessary to ensure compatibility with adjoining developments or uses.

The maximum lot coverage of any lot in this district shall be no greater than twenty-five percent (25%) of the total lot area, or twenty percent (20%) of the total lot area in the case of lots with multiple floor buildings.

Any part of a lot area not used for buildings or other structures or for parking, loading, or accessways shall be landscaped with grass, ground cover, trees, shrubs, and pedestrian walks in accordance with the following minimum requirements:

Minimum caliper for deciduous trees:	2 inches
Minimum height for coniferous trees:	6 feet
Tree mix:	Maximum of 40% of one species
Distribution:	1 tree per 10 parking spaces with 75% of those trees within the parking area
	1 foundation plant (shrub or bush) per 20 feet of street exposed wall area

A fifteen-foot wide buffer shall be required on any non-residential zoned property which adjoins a residential zoned property and shall be located along the adjoining property line or lines between the differently zoned properties. The buffer strip shall meet the following minimum requirements:

(1)

Natural Vegetation.

Minimum species mixture	100% coniferous
Minimum species height	6 feet
Minimum species spacing	8 feet on center

(2)

Fencing.

Minimum height	6 feet
Sightproofing	stockade/slats in cyclone style

The Planning Commission may require or allow the use of topographic features or the maintenance of the existing tree mass of a minimum depth of fifteen (15) feet or as required to not encroach on existing tree mass drip line in lieu of fences where such alternatives will achieve comparable effect.

All buffering shall be established prior to the start of construction.

Off-Street Parking And Loading Requirements. The minimum off-street parking and loading requirements for any use or building in a planned commercial district shall not be reduced below that required for the same use in any other "C" Commercial District, except where the Planned Commercial District includes two (2) or more uses, then the Planning Commission may recommend and the City Council may approve a total reduction of combined required parking and off-street loading space by not more than twenty percent (20%) where it has been demonstrated by study of the combined uses and customary hours of operation or peak use, that adequate parking would be so provided. Where determined necessary, parking and off-street loading requirements in excess of minimum standards may be required.

Performance Standards. All uses established in a planned commercial district shall operate in accordance with the appropriate performance standards contained in Section 405.150(B) of this Chapter. These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance authorizing the establishment of a particular planned commercial district where the City Council determined that such restrictions are necessary to protect the general welfare.

Procedures.

Petitions for establishment or development of a planned commercial district shall be made to the City Council and shall be filed with the Planning Commission. The petitioner shall pay the same fee as that required of any other change of zoning. The petition shall be made on forms prescribed for this purpose by the Planning Commission and shall be accompanied by a preliminary development plan and other information in such detail as to include the following:

(1)

Preliminary site plans showing proposed uses and structures.

(2)

Existing and proposed contours at intervals of two (2) feet or less referred to sea level datum.

(3)

Location of all isolated trees having a trunk diameter of six (6) inches or more and all tree masses.

(4)

Two (2) cross section profiles through the site showing preliminary building form.

(5)

The proposed ingress and egress to the site including adjacent streets.

(6)

A preliminary plan for provision of sanitation and drainage facilities.

A public hearing shall be held by the Planning Commission and City Council on the petition in the same manner and with the same public notice procedure as is required for any other change of zoning. No action shall be taken by the City Council with respect to the petition until it has received the recommendation of the Planning Commission. In the case of an application for development permits where the property is already zoned "C-4," a public hearing shall be held by the Planning Commission but not by the City Council unless deemed necessary by the City Council.

The Planning Commission's recommendation shall be transmitted to the City Council stating how the proposed development is consistent with good planning practice, compatible with permitted development and use in adjoining districts, and necessary to the general welfare. If the recommendation is one of approval, it shall contain recommended conditions to be included in an ordinance authorizing the establishment of the planned commercial district. The conditions shall include, but not be limited to:

(1)

Time limitations for submission of final development plans and commencement of construction as required by this Subsection.

(2)

Uses permitted in the district.

(3)

Yard requirements.

(4)

Off-street parking and loading requirements.

(5)

Performance standards for operation of the permitted uses.

(6)

Requirement that any transfer of ownership or lease of property in the district include in the transfer or lease agreement a provision that the purchaser or lessee agrees to be bound by the conditions of the ordinance authorizing the establishment of the district.

After passage of an ordinance authorizing the establishment of a planned commercial district by the City Council, the developer shall submit the final development plans to the Planning Commission within the period of time specified in the ordinance. The plans shall include such information as is required by the Planning Commission for adequate consideration of the plan. The plans shall satisfy the subdivision regulations and other pertinent City ordinances where applicable. If in the opinion of the Planning Commission the submitted plan substantially deviates from the preliminary development plan approved by the City Council, the Commission shall report to the petitioner and the City Council on the manner in which said plan deviates from the approved preliminary plan, and if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with proceedings specified in Section 405.260 of the City of Arnold zoning ordinance.

Within sixty (60) days of approval of the final development plan by the Planning Commission, the plan shall be recorded by the developer as a planned commercial district together with conditions of the ordinance authorizing the establishment of the district.

No buildings, facilities, commercial establishments or service concerns may occupy or use any portion of the district until the required related on-site and off-site improvements including, but not limited to, streets, sidewalks, sanitary and storm sewers, street lights, street trees, landscaping, screening, and buffering are constructed or a performance bond on escrow posted covering the estimated cost of construction as determined by the Planning Commission. If the planned commercial district is to be developed in sections, all improvements necessary to the proper operations and functioning of the section, even though same may be located outside the section, must be constructed and installed or a performance bond or escrow posted covering the estimated cost of the improvements as determined by the Planning Commission.

If substantial construction or development of the district does not begin within the period of time specified in the conditions of the ordinance authorizing the establishment of the district, the City Council may, on its motion or on a recommendation of the Planning Commission, rezone the property or any portion thereof to the zoning district classification that prevailed prior to the approval of the planned commercial district classification. A public hearing shall be required for this rezoning, and the owner shall be notified of the proposed rezoning prior to the introduction of any bill for said rezoning.

The time limitations specified in the ordinance authorizing the establishment of a planned commercial district for submission of final development plans and for completion of construction may be extended by the City Council for cause.

After recording of a final development plan for a planned commercial district, changes not inconsistent with the purpose or intent of this Subsection may be approved by the Planning Commission. Changes affecting the purpose or intent of this Subsection shall require a new petition for a planned commercial district.

"M-3" Planned Industrial District.

Purpose.

The "M-3" Planned Industrial District of the City of Arnold, Missouri, encompasses areas wherein may be located developments and uses permitted in any of the other "M" Industrial Districts and such development and uses designated in the "C" Commercial Districts as may be specifically related to a particular industrial activity or complex. Within the planned industrial district, it is the purpose of these regulations to facilitate the establishment of combinations of developments and uses for which no provision is made in any other single "M" Industrial District or the establishment of industrial developments and uses in locations where it would be appropriate to the area if they were to take place under approved site plans, and such conditions as to assure said developments and uses would be consistent with good planning practice and operated in a manner compatible with permitted developments and uses in adjoining districts, as necessary to protect the general welfare.

A planned industrial district may be established on a tract of land in single ownership or management control, provided that the preliminary development plan and the application for change of zoning are approved by the City Council, and the final development plan is approved by the Planning Commission and recorded in accordance with the requirements of this Subsection, and provided that the schedule of construction is complied with in accordance with the requirements of this Subsection.

A planned industrial district may be established by ordinance of the City Council in the same manner that other mapped districts are established where the City Council determines that any particular tracts or areas should be developed for industrial use, but because of potential conflicts with adjoining uses, existing or potential, a greater degree of control of the manner of development is necessary to protect the general welfare than is possible under the regulations of the other "M" Planned Industrial Districts.

Permitted Land Uses And Developments.

In a planned industrial district, the uses permitted shall only be:

(1)

Those designated as a permitted use in any of the "M" Industrial Districts or "C" Commercial Districts as may be specifically related to a particular industrial activity or complex; and

(2)

Those designated as conditional use in any of the "M" Industrial Districts or "C" Commercial Districts as may be specifically related to a particular industrial activity or complex subject to procedures contained in Section 405.080, Conditional Uses, of the Zoning Ordinance.

The specific ordinance authorizing the establishment of a particular planned industrial district related to a specific tract of land may further limit the uses permitted on the tract.

Lot Area And Yard Requirements.

Subsequent to the date of this Chapter, the lot area for any use or building in a planned industrial district shall not be less than one (1) acre, unless said lot or parcel is adjacent to an existing "M-3" Industrial District or "M" Industrial District or except as may be established by the City Council and Planning Commission as a part of the Comprehensive Zoning Plan of the City.

Setbacks for parking areas and structures shall be established by the conditions governing the particular planned industrial district so as to ensure compatibility with adjoining developments, uses and zoning but no parking area or structure shall be permitted within ten (10) feet of a property line adjoining property in an "R" Residence District.

Any structure in a planned industrial district exceeding thirty (30) feet in height which adjoins property in an "R" Residence District shall be set back from such property line, in addition to the minimum fifteen (15) feet, a distance of one (1) foot for every two (2) feet in height above thirty (30) feet; greater setbacks may be required if deemed necessary to ensure compatibility with adjoining developments or uses.

Minimum caliper for deciduous trees:	2 inches
Minimum height for coniferous trees:	6 feet
Tree mix:	Maximum of 40% of one species
Distribution:	1 tree per 10 parking spaces with 75% of those trees within the parking area
	1 foundation plant (shrub or bush) per 20 feet of street exposed wall area

(1)

Natural Vegetation.

Minimum species mixture	100% coniferous
Minimum species height	6 feet
Minimum species spacing	8 feet on center

(2)

Fencing.

Minimum height	6 feet
Sightproofing	Stockade/slats in cyclone style

All buffering shall be established prior to the start of construction.

Off-Street Parking And Loading Requirements. The minimum off-street parking and loading requirements for any use or building in a planned industrial district shall not be reduced below that required for the same use in any other "M" Industrial District, or "C" Commercial District except where the planned industrial district includes two (2) or more uses, then the Planning Commission may recommend and the City Council may approve a total reduction of combined required parking and off-street loading space by not more than twenty percent (20%) where it has been demonstrated by study of the combined uses and customary hours of operation or peak use, that adequate parking would be so provided. Where determined necessary, parking and off-street loading requirements in excess of minimum standards may be required.

Performance Standards. All uses established in a planned industrial district shall operate in accordance with the appropriate performance standards contained in Section 405.150(B) of this Chapter. These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance authorizing the establishment of a particular planned industrial district where the City Council determined that such restrictions are necessary to protect the general welfare.

Procedures.

Petitions for establishment or development of a planned industrial district shall be made to the City Council and shall be filed with the Planning Commission. The petitioner shall pay the same fee as that required of any other change of zoning. The petition shall be made on forms prescribed for this purpose by the Planning Commission and shall be accompanied by a preliminary development plan and other information in such detail as to include the following:

(1)

Preliminary site plans showing proposed uses and structures.

(2)

Existing and proposed contours at intervals of two (2) feet or less referred to sea level datum.

(3)

Location of all isolated trees having a trunk diameter of six (6) inches or more and all tree masses.

(4)

Two (2) cross section profiles through the site showing preliminary building form.

(5)

The proposed ingress and egress to the site including adjacent streets.

(6)

A preliminary plan for provision of sanitation and drainage facilities.

A public hearing shall be held by the Planning Commission and City Council on the petition in the same manner and with the same public notice procedure as is required for any other change of zoning. No action shall be taken by the City Council with respect to the petition until it has received the recommendation of the Planning Commission. In the case of an application for development permits where the property is already zoned "M-3," a public hearing shall be held by the Planning Commission but not by the City Council unless deemed necessary by the City Council.

The Planning Commission's recommendation shall be transmitted to the City Council stating how the proposed development is consistent with good planning practice, compatible with permitted development and use in adjoining districts, and necessary to the general welfare. If the recommendation is one of approval, it shall contain recommended conditions to be included in an ordinance authorizing the establishment of the planned industrial district. The conditions shall include, but not be limited to:

(1)

Time limitations for submission of final development plans and commencement of construction as required by this Subsection.

(2)

Uses permitted in the district.

(3)

Yard requirements.

(4)

Off-street parking and loading requirements.

(5)

Performance standards for operation of the permitted uses.

(6)

After passage of an ordinance authorizing the establishment of a planned industrial district by the City Council, the developer shall submit the final development plans to the Planning Commission within the period of time specified in the ordinance. The plans shall include such information as is required by the Planning Commission for adequate consideration of the plan. The plans shall satisfy the subdivision regulations and other pertinent City ordinances where applicable. If in the opinion of the Planning Commission the submitted plan substantially deviates from the preliminary development plan approved by the City Council, the Commission shall report to the petitioner and the City Council on the manner in which said plan deviates from the approved preliminary plan, and if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord proceedings specified in Section 405.260 of the City of Arnold zoning ordinance.

Within sixty (60) days of approval of the final development plan by the Planning Commission, the plan shall be recorded by the developer as a planned industrial district together with conditions of the ordinance authorizing the establishment of the district.

No buildings, facilities, commercial establishments or service concerns may occupy or use any portion of the district until the required related on-site and off-site improvements, including, but not limited to, streets, sidewalks, sanitary and storm sewers, street lights, street trees, landscaping, screening, and buffering are constructed or a performance bond or escrow posted covering the estimated cost of construction as determined by the Planning Commission. If the planned industrial district is to be developed in sections, all improvements necessary to the proper operations and functioning of the section, even though same may be located outside the section, must be constructed and installed or a performance bond or escrow posted covering the estimated cost of the improvements as determined by the Planning Commission.

If substantial construction or development of the district does not begin within the period of time specified in the conditions of the ordinance authorizing the establishment of the district, the City Council may, on its motion or on a recommendation of the Planning Commission, rezone the property or any portion thereof to the zoning district classification that prevailed prior to the approval of the planned industrial district classification. A public hearing shall be required for this rezoning, and the owner shall be notified of the proposed rezoning prior to the introduction of any bill for said rezoning.

The time limitations specified in the ordinance authorizing the establishment of a planned industrial district for submission of final development plans and for completion of construction may be extended by the City Council for cause.

After recording of a final development plan for a planned industrial district, changes not inconsistent with the purpose or intent of this Subsection may be approved by the Planning Commission. Changes affecting the purpose or intent of this Subsection shall require a new petition for a planned industrial district.

"MHD" Manufactured Home District.

[Ord. No. 14.550 (2790), 5-20-2021; Ord. No. 14.562 (Bill No. 2848), 1-19-2023]

The "MHD" Manufactured Home District is designed to encourage the creation and maintenance of stable and enduring manufactured home residential neighborhoods by establishing limitations on the use and character of development of land, under an approved site plan, so as to take advantage of, or to avoid conflicts with, natural topography, hydrology, existing developments, and arrangements and location of existing or planned community facilities, and social needs of the community. This Subsection contains the district regulations of the "MHD" Manufactured Home District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in the Chapter which are incorporated as part of this Subsection by reference.

Permitted Land Uses And Developments.

(1)

Farming, including the cultivations and sale of any plant crops.

(2)

Forests and wildlife reservations, and conservation projects.

(3)

Manufactured home parks, including accessory management offices, laundry facilities, storage facilities, clubhouses, pools, recreation facilities, or other accessory uses normally associated with the operation of a manufactured home park.

(4)

Commercial vegetable and flower gardening, plant nurseries, and greenhouses, not including any structure used as a salesroom.

(5)

Churches.

(6)

Public and private not-for-profit parks, parkways, and playgrounds.

(7)

Deleted.

(8)

Deleted.

(9)

Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing or walls, or any combination thereof, or shall be place underground, or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening said facilities shall be submitted to the Planning Commission for review. No building permit or installation permit shall be issued until said plans have been approved by the Planning Commission.

Deleted.

Fire stations.

Municipal buildings.

Accessory buildings, land uses and activities customarily incident to any of the above uses.

(14)

Public and private kindergarten, elementary, secondary, and collegiate schools.

(15)

Home occupation. (See Chapter 605, Article IV - Home Occupations)

Conditional land use and development permits issued by the Commission, which may be permitted under the condition and requirements in Section 405.080 of this Chapter.

(1)

All public utilities not otherwise permitted per Section 405.090(E)(1)(a).

(2)

Salesrooms for commercial gardens, plant nurseries and greenhouses.

(3)

Deleted.

(4)

Nursing homes.

(5)

Not-for-profit private clubs and recreational land uses, including community centers.

(6)

Dairy farms.

(7)

Outdoor entertainment facilities.

(8)

Retreats owned and operated by religious, educational or other not-for-profit establishments.

(9)

Sewage treatment facilities.

(10)

Hospitals.

(11)

Foster homes for handicapped children.

(12)

Specialized private schools.

(13)

In-home day care.

(14)

Nursery schools and day nurseries.

Site Plan Review. Development in the "MHD" District shall be subject to the requirements and procedures contained in Section 405.190, Site Plan Review.

Height Limitations For Structures.

(1)

No building or manufactured home within a manufactured home park shall exceed the height of twenty-five (25) feet.

(2)

No structure, other than a radio, television, public utility or communications tower, shall exceed fifty (50) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.050(B).

Street And Frontage Requirements.

(1)

Each manufactured home space shall front upon a street accepted by the City or improved to the standards and specifications of the City.

Lot Dimension, Lot Area, And Yard Requirements.

(1)

At least five thousand (5,000) square feet of area shall be provided for each manufactured home space. The minimum depth shall be one hundred (100) feet and the minimum width shall be fifty (50) feet.

(2)

No manufactured home may be located less than twenty (20) feet from another manufactured home or structure.

(3)

Schools shall be situated on tracts of land providing areas not less than as set out in the following table:

Type of School	Minimum Acreage
Nursery or day nursery	21,780 square feet
Kindergarten (separate)	1 acre
Primary	5 acres
Junior High	10 acres
Senior High	20 acres
Collegiate	10 acres

(4)

Deleted.

(5)

Fire stations shall be situated on tracts of land at least one (1) acre in area.

(6)

Public or private not-for-profit libraries shall be situated on tracts of at least one (1) acre.

(7)

All other land uses permitted in this district, except local public utility facilities, shall be situated or conducted on tracts of land at least five (5) acres in area; except as may be clearly indicated otherwise by the context of these regulations.

(8)

Except as otherwise provided in this Subsection, all conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area: provided, however, that the Planning Commission, when approving a conditional use permit for foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, may allow the establishment of said foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, on tracts of land less than five (5) acres where the developments and uses contemplated are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses of the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; are deemed essential or desirable to preserve and promote public health, safety, and general welfare of the City of Arnold; and where the related parking needs, outdoor facilities, size of buildings and potential membership of said developments and uses are deemed consistent with the intensity of land use in the neighborhood of said uses and developments. Provided, however, that the minimum tract area for said conditional developments and uses shall not be less than the minimum tract area for dwelling units permitted in this district.

(9)

No structure other than a permitted directional or information sign, or boundary walls or fences, higher than six (6) feet in height, shall be erected within twenty (20) feet of any roadway right-of-way line or road easement. In the case of corner lots, no structure exceeding thirty-six (36) inches in height may be erected within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines. Likewise, in the case of corner lots, no plant material exceeding a height of thirty-six (36) inches above the elevation of the street pavement may be planted or maintained within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.

(10)

No structure shall be erected within eight (8) feet of any side property lines; except that this requirement shall not apply to any boundary wall or fence less than six (6) feet in height.

(11)

No structure shall be erected within fifteen (15) feet of a rear property line; except that this requirement shall not apply to any boundary wall or fence less than six (6) feet in height.

(12)

Any non-residential structure permitted in this district, other than a public utility tower authorized by a conditional use permit, which exceed thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.

(13)

In the event that forty percent (40%) or more of the frontage along one (1) side of a street between two (2) intersecting streets, or for a distance of at least five hundred (500) feet in either direction is developed with buildings set back from such street with a variation in setback of no more than ten (10) feet, a structure may be located so as to approach no closer to the roadway than the average of existing buildings, but in no case shall any building be located closer than fifteen (15) feet from the roadway right-of-way line.

(14)

Specialized private schools may be permitted in any residential district under a conditional use permit providing that they be located on a tract of land containing one (1) acre for every fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the public school system land area requirements. Further, no buildings or activity areas should be located closer than the allowable setback from the property line in each given residential district.

(15)

Minimum caliper for deciduous trees:	2 inches
Minimum height for coniferous trees:	6 feet
Tree mix:	Maximum of 40% of one species
Distribution:	1 tree per 10 parking spaces with 75% of those trees within the parking area
Distribution:	1 foundation plant (shrub or bush) per 20 feet of street exposed wall area

(16)

All manufactured home parks shall be provided with a plant screening or other screening of at least five (5) feet in height along the property line separating the development and any adjacent zoning district. Said screening must be approved by the Planning Commission.

Off-Street Parking And Loading Requirements.

(1)

Two (2) off-street parking spaces shall be provided for each manufactured home.

(2)

Public and private schools shall provide one (1) off-street parking space for each classroom and separate office in such school, plus one (1) space for every four (4) students over the age of sixteen (16) whom the school is designed to accommodate; for the purposes of calculating the number of secondary school pupils to whom this criteria refers, only pupils in the 11th and 12th grades shall be considered.

(3)

Churches shall provide one (1) off-street parking space for each four (4) seats in the main auditorium of the church.

(4)

Parks and golf courses shall provide parking areas equivalent to at least one percent (1%) of the total area of land in such park or golf course, except that parking area available on park roads or private drives may be used to fulfill this requirement.

(5)

Nursing homes, public utility facilities, swimming pools, clubs, recreational and community centers, and retreats shall provide sufficient parking spaces for employees' or visitors' motor vehicles as to assure that no such vehicles need be parked on any street.

(6)

Hospitals shall provide two and one-half (2.5) parking spaces for each bed in the hospital.

(7)

Public and private not-for-profit libraries shall provide parking areas of three (3) times the gross floor area of the library exclusive of auditoriums, plus one (1) additional parking spaces for each six (6) seats in an auditorium or meeting place accessory to a library.

(8)

Parking areas, including driveways, shall, in this district, be paved.

Specific Prohibitions.

(1)

A manufactured home shall not be parked for inspection and sale or repair to the general public within any manufactured home park.

(2)

A recreational vehicle shall not be construed as being a part of a manufactured home park and shall not be occupied as living quarters.

Section 405.100 (Reserved)

Section 405.110 Residential Districts.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]

"R-1" Residence District.

The "R-1" Residence District is designed to encourage the creation and maintenance of stable and enduring residential neighborhoods by establishing limitations on the use and character of development of land so as to take advantage of, or to avoid conflicts with, natural topography, hydrology, existing developments, and arrangements and location of existing or planned community facilities, and social needs of the community. This Subsection contains the district regulations of the "R-1" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Subsection by reference.

Permitted Land Uses And Developments.

(1)

Farming, including the cultivation and sale of any plant crops.

(2)

Forests and wildlife reservations, and conservation projects.

(3)

Single-family dwellings.

(4)

Commercial vegetable and flower gardening, plant nurseries and greenhouses, not including any structure used as a salesroom.

(5)

Churches.

(6)

Public or private kindergarten, elementary, secondary, and collegiate schools.

(7)

Deleted.

(8)

Public and private not-for-profit parks, parkways, and playgrounds.

(9)

Dormitories or group living facilities for religious, educational or charitable purposes.

(10)

Golf courses, including practice driving tees on the same premises, not including miniature courses.

(11)

Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing or walls, or any combination thereof, or shall be placed underground, or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening said facilities shall be submitted to the Planning Commission for review. No building permit or installation permit shall be issued until said plans have been approved by the Planning Commission.

Home occupations.

Deleted.

Fire stations.

Municipal buildings.

Public or private not-for-profit libraries.

(17)

Accessory buildings, land uses and activities customarily incident to any of the above uses.

Conditional land use and development permits issued by the Planning Commission, which may be permitted under the conditions and requirements in Section 405.080 of this Chapter.

(1)

All public utilities.

(2)

Salesrooms for commercial gardens, plant nurseries and greenhouses.

(3)

Deleted.

(4)

Nursing homes.

(5)

Not-for-profit private clubs and recreational land uses, including community centers.

(6)

Dairy farms.

(7)

Riding stables and kennels.

(8)

Retreats owned and operated by religious, educational, or other not-for-profit establishments.

(9)

Cemeteries and mausoleums, including mortuaries, operated in conjunction therewith.

(10)

Sewage treatment facilities.

(11)

Hospitals.

(12)

Foster homes for handicapped children.

(13)

Specialized private schools.

(14)

Temporary commercial activities of community-oriented, not-for-profit, and fraternal organizations.

(15)

Sheltered workshops.

(16)

Dormitory or group living facilities for religious, educational or charitable purposes.

(17)

In-home day care.

(18)

Nursery schools and day nurseries.

(19)

Fireworks stands.

[Ord. No. 14.548 (2787), 5-6-2021]

Height Limitations For Structures.

(1)

No dwelling structure shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height.

(2)

No structure, other than a radio, television, public utility or communication tower, shall exceed fifty (50) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.050(B).

Lot Dimension, Lot Area, And Yard Requirements.

(1)

Dwellings shall be situated on tracts of land providing at least one (1) acre of lot area for each dwelling unit.

(2)

Riding stables shall be situated on tracts of land providing at least fifteen (15) acres of lot area for each such operation.

(3)

Kennels shall be situated on tracts of land providing at least three (3) acres of lot area.

(4)

Fire stations shall be situated on tracts of land of at least one (1) acre.

(5)

Schools shall be situated on tracts of land providing areas not less than as set out in the following table:

Type of School	Minimum Acreage
Nursery or day nursery	1 acre
Kindergarten (separate)	3 acres
Primary	5 acres
Junior High	10 acres
Senior High	20 acres
Collegiate	10 acres

(6)

Public or private not-for-profit libraries shall be situated on tracts of land providing at least three (3) acres.

(7)

Cemeteries shall be situated on tracts of land providing at least fifteen (15) acres.

(8)

All other land uses permitted in this district except local public utility facilities shall be situated or conducted on tracts of land at least five (5) acres in area, except as may be clearly indicated otherwise by context of these regulations.

(9)

Except as otherwise provided in this Subsection, all conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area, provided, however, that the Planning Commission, when approving a conditional use permit for foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, may allow the establishment of said foster home for handicapped children, not-for-profit private clubs and recreational land uses, and community centers on tracts of land less than five (5) acres where developments and uses contemplated are deemed consistent with good planning practice, can be operated in a manner that is not detrimental to the permitted developments and uses of the district, can be developed and operated in a manner that is visually compatible with the permitted uses of the surrounding area, are deemed essential or desirable to preserve and promote public health, safety, and general welfare of the City, and where the related parking needs, outdoor facilities, size of buildings and potential membership of said developments and uses are deemed consistent with the intensity of land use in the neighborhood of said uses and developments. Provided, however, that the minimum tract area for said conditional developments and uses shall not be less than the minimum tract area for dwelling units permitted in this district.

(10)

No structure other than a permitted directional or information sign, or boundary walls or fences, higher than six (6) feet in height, shall be erected within thirty (30) feet of any roadway right-of-way line or road easement. In the case of corner lots, no structure exceeding thirty-six (36) inches in height may be erected within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines. Likewise, in the case of corner lots, no plant material exceeding a height of thirty-six (36) inches above the elevation of the street pavement may be planted or maintained within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.

(11)

No structure shall be erected within fifteen (15) feet of any property line; except this requirement shall not apply to any boundary wall or fence less than six (6) feet in height. Any non-residential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back at least one (1) additional foot from all property lines for every foot of height above thirty (30) feet.

(12)

Specialized private schools may be permitted in this district under a conditional use permit providing that they be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the public school system land area requirements. Further, no buildings or activity areas should be located closer than the allowable setback from the property line of this district.

(13)

Commercial gardens, plant nurseries and greenhouses shall be located on tracts of land providing at least three (3) acres.

(14)

Deleted.

Off-Street Parking And Loading Requirements.

(1)

Churches shall provide one (1) off-street parking space for each four (4) seats in the main auditorium of the church.

(2)

(3)

Parks and golf courses shall provide parking areas equivalent to at least one percent (1%) of the total area of land in such park or golf course, except that parking available on park roads and private drives may be used to fulfill this requirement.

(4)

All other permitted and conditional uses must provide adequate parking for employees', customers', and visitors' motor vehicles as to assure no such vehicle need be parked on any street except as specifically provided for in this Subsection.

(5)

Riding stables, kennels, nursing homes, public utility facilities, salesrooms for commercial gardens, nurseries, greenhouses, retreats, not-for-profit swimming pools, clubs, recreational and community centers shall provide sufficient parking spaces for employees' and visitors' motor vehicles as to assure that no such vehicle need be parked on any street.

(6)

Hospitals shall have parking spaces provide on the basis of two and one-half (2.5) parking spaces for each bed in the hospital.

(7)

Single-Family Parking Standards.

[Ord. No. 7.49 (2830), 7-21-2022]

(a)

At least two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided for each dwelling unit.

(8)

Public and private not-for-profit libraries shall provide parking areas of three (3) times the gross floor area of the library exclusive of auditoriums plus one (1) additional parking space for each six (6) seats in an auditorium or meeting place as accessory to a library.

(9)

Parking areas, including driveways, shall, in this district, be paved.

(10)

Commercial gardens, plant nurseries and greenhouses shall provide at least four (4) parking spaces per acre plus two (2) parking spaces per greenhouse.

(11)

Carports or other unenclosed covered structures typically used to store vehicles are prohibited.

[Ord. No. 7.49 (2830), 7-21-2022]

Deleted.

In-home day cares shall contain no more than four (4) unrelated children.

(1)

"Related" is defined as any of the following relationships by marriage, blood or adoption between the provider and the children in care: parent, grandparent, great-grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, niece, nephew or first cousin.

(2)

Only two (2) unrelated children are allowed in a multi-family dwelling unit as defined by the Zoning Code.

"R-2" Residence District.

The "R-2" Residence District is designed to encourage the creation and maintenance of stable and enduring residential neighborhoods by establishing limitations on the use and character of development of land so as to take advantage of, or to avoid conflicts with, natural topography, hydrology, existing developments, and arrangements and location of existing or planned community facilities, and social needs of the community. This Subsection contains the district regulations of the "R-2" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Subsection by reference.

Permitted Land Uses And Developments.

(1)

Farming, including the cultivation and sale of any plant crops.

(2)

Forest and wildlife refuges, and conservation projects.

(3)

Single-family dwellings.

(4)

Churches.

(5)

Public or private kindergarten, elementary, secondary, and collegiate schools.

(6)

Deleted.

(7)

Public and private not-for-profit parks, parkways, and playgrounds.

(8)

Golf courses, including practice driving tees on the same premises, not including miniature courses.

(9)

Home occupations.

(10)

Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing or walls, or any combination thereof, or shall be placed underground, or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening said facilities shall be submitted to the Planning Commission for review. No building permit or installation permit shall be issued until said plans have been approved by the Planning Commission.

(11)

Deleted.

(12)

Fire stations.

(13)

Public or private not-for-profit libraries.

(14)

Municipal buildings.

(15)

Accessory buildings, land uses and activities customarily incident to any of the above uses.

(16)

Dormitories or group living facilities for religious, educational or charitable purposes.

(17)

Commercial vegetable and flower gardening, plant nurseries and green houses, not including any structure used as a salesroom.

Conditional land use and development permits issued by the Commission which may be permitted under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter.

(1)

Nursing homes.

(2)

All public utility facilities.

(3)

Not-for-profit private clubs and recreational land uses, including community centers.

(4)

Retreats owned and operated by religious, educational, or other not-for-profit establishments.

(5)

Sewage treatment facilities.

(6)

Hospitals.

(7)

Foster homes for handicapped children.

(8)

Specialized private schools.

(9)

Sales rooms for commercial gardens, plant nurseries and greenhouses.

(10)

Temporary commercial activities of community-oriented, not-for-profit, and fraternal organizations.

Sheltered workshops.

Deleted.

In-home day care.

Nursery schools and day nurseries.

(15)

Fireworks stands.

[Ord. No. 14.548 (2787), 5-6-2021]

Height Limitations For Structures.

(1)

No dwelling structure shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height.

(2)

Any non-dwelling structure, other than a public utility tower authorized by a conditional use permit, shall be limited to a height of fifty (50) feet above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.050(B).

Lot Dimension, Lot Area, And Yard Requirements.

(1)

Dwellings shall be situated on tracts of land providing at least twenty-one thousand seven hundred eighty (21,780) square feet of lot area for each dwelling unit.

(2)

Deleted.

(3)

Fire stations shall be situated on tracts of land of at least one (1) acre.

(4)

Schools shall be situated on tracts of land providing areas not less than as set out in the following table:

Type of School	Minimum Acreage
Nursery or day nursery	1/2 acre
Kindergarten (separate)	1 acre
Primary	5 acres
Junior High	10 acres
Senior High	20 acres
Collegiate	10 acres

(5)

Public or private not-for-profit libraries shall be situated on tracts of at least one (1) acre.

(6)

(7)

Except as otherwise provided in this Subsection, all conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area, provided, however, that the Planning Commission, when approving a conditional use permit for foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, may allow the establishment of said foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, on tracts of land less than five (5) acres where the developments and uses contemplated are deemed consistent with good planning practice; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; are deemed essential or desirable to preserve and promote the public health, safety and general welfare of the City of Arnold; and where the related parking needs, outdoor facilities, size of buildings and potential membership of said developments and uses are deemed consistent with the intensity of land use in the neighborhood of said uses and developments. Provided, however, that the minimum tract area for said conditional developments and uses shall not be less than the minimum tract area for dwelling units permitted in this district.

(8)

No structure other than a permitted directional or information sign, or boundary walls or fences, higher than six (6) feet in height, shall be erected within twenty-five (25) feet of any roadway right-of-way line or road easement. In the case of corner lots, no structure exceeding thirty-six (36) inches in height may be erected within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines. Likewise, in the case of corner lots, no plant material exceeding a height of thirty-six (36) inches above the elevation of the street pavement may be planted or maintained within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.

(9)

No structure shall be erected within ten (10) feet of any side property line; except that this requirement shall not apply to any boundary wall or fence less than six (6) feet in height; and except further that wherever a lot of record existing on the effective date of this Chapter has a width sixty (60) feet or less, the side yard on each side of any building erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.

(10)

No structure shall be erected within fifteen (15) feet of a rear property line; except that this requirement shall not apply to any boundary wall or fence less than six (6) feet in height.

(11)

Any non-residential structure permitted in this district, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.

(12)

In the event that forty percent (40%) or more of the frontage along one (1) side of a street between two (2) intersecting streets, or for a distance of at least five hundred (500) feet in either direction, is developed with buildings set back from such street with a variation in setback of no more than ten (10) feet, a structure may be located so as to approach no closer to the roadway than the average existing buildings, but in no case shall any building be located closer than fifteen (15) feet from the roadway right-of-way line.

(13)

Specialized private schools may be permitted in any residential district under a conditional use permit providing that they be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the public school system land area requirements. Further, no buildings or activity areas should be located closer than the allowable setback from the property line in each given residential district.

(14)

Commercial gardens, plant nurseries and greenhouses shall be located on tracts of land providing at least three (3) acres.

(15)

Deleted.

Off-Street Parking And Loading Requirements.

(1)

Churches shall provide one (1) off-street parking space for each four (4) seats in the main auditorium of the church.

(2)

Public and private schools shall provide one (1) off-street parking space for each classroom and separate office in such school, plus one (1) additional space for every four (4) students over the age of sixteen (16) whom the school is designed to accommodate; for the purposes of calculating the number of secondary school pupils to whom this criteria refers, only pupils in the eleventh (11th) and twelfth (12th) grades shall be considered.

(3)

Parks and golf courses shall provide parking area equivalent to at least one percent (1%) of the total area of land in such park or golf course, except that parking area available on park roads or private drives may be used to fulfill this requirement.

(4)

Nursing homes, public utility facilities, swimming pools, clubs, recreational and community center, and retreats shall provide sufficient parking spaces for employees' or visitors' motor vehicles as to assure that no such vehicles need be parked on any street.

(5)

Hospitals shall have parking spaces provided on the basis of two and one-half (2.5) parking spaces for each bed in the hospital.

(6)

Single-Family Parking Standards.

[Ord. No. 7.49 (2830), 7-21-2022]

(a)

At least two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided for each dwelling unit.

(7)

Public and private not-for-profit libraries shall provide parking areas of three (3) times the gross floor area of the library exclusive of auditoriums, plus one (1) additional parking space for each six (6) seats in an auditorium or meeting place accessory to a library.

(8)

Parking areas, including driveways, shall, in this district, be paved.

(9)

Commercial gardens, plant nurseries and greenhouses shall provide at least four (4) parking spaces per acre plus two (2) parking spaces per greenhouse.

(10)

Carports or other unenclosed covered structures typically used to store vehicles are prohibited.

[Ord. No. 7.49 (2830), 7-21-2022]

Deleted.

In-home day cares shall contain no more than four (4) unrelated children.

(1)

(2)

Only two (2) unrelated children are allowed in a multi-family dwelling unit as defined by the Zoning Code.

"R-3" Residence District.

The "R-3" Residence District is designed to encourage the creation and maintenance of stable and enduring residential neighborhoods by establishing limitations on the use and character of development of land so as to take advantage of, or to avoid conflicts with, natural topography, hydrology, existing developments, and arrangements and location of existing or planned community facilities, and social needs of the community. This Subsection contains the district regulations of the "R-3" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Subsection by reference.

Permitted Land Uses And Developments.

(1)

Farming.

(2)

Forests.

(3)

Single-family dwellings.

(4)

Churches.

(5)

Public or private kindergarten, elementary, secondary, and collegiate schools.

(6)

Deleted.

(7)

Public and private not-for-profit parks, parkways, and playgrounds.

(8)

Golf courses, including practice driving tees on the same premises, not including miniature courses.

(9)

Home occupations.

(10)

Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing or walls, or any combination thereof, or shall be placed underground, or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening said facilities shall be submitted to the Planning Commission for review. No building permit or installation permit shall be issued until said plans have been approved by the Planning Commission.

(11)

Deleted.

(12)

Fire stations.

(13)

Public or private not-for-profit libraries.

(14)

Municipal buildings.

(15)

Accessory buildings.

(16)

Commercial vegetable and flower gardening, plant nurseries and greenhouses, not including any structure used as a salesroom.

Conditional land use and development permits issued by the Commission which may be permitted under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter.

(1)

Two-family dwellings containing fifteen hundred (1,500) square feet minimum in each dwelling unit.

(2)

Nursing homes.

(3)

All public utility facilities.

(4)

Not-for-profit private clubs and recreational land uses, including community centers.

(5)

Retreats owned and operated by religious, educational, or other not-for-profit establishments.

(6)

Sewage treatment facilities.

(7)

Hospitals.

(8)

Foster homes for handicapped children.

(9)

Specialized private schools.

(10)

Dormitories or group living facilities for religious, educational or charitable purposes.

(11)

Salesrooms for commercial gardens, plant nurseries and greenhouses.

(12)

Temporary commercial activities of community-oriented, not-for-profit, and fraternal organizations.

Sheltered workshops.

Deleted.

In-home day care.

Nursery schools and day nurseries.

(17)

Fireworks stands.

[Ord. No. 14.548 (2787), 5-6-2021]

Height Limitations For Structures.

(1)

No dwelling structure shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height.

(2)

Any non-dwelling structure, other than a public utility tower authorized by a conditional use permit, shall be limited to a height of fifty (50) feet above the average finished ground elevation at the perimeter of such structures; except that the height of structures may be further restricted as provided in Section 405.050(B).

Lot Dimension, Lot Area, And Yard Requirements.

(1)

Dwellings shall be situated on tracts of land providing at least fifteen thousand (15,000) square feet of lot area for each dwelling unit.

(2)

Two-family dwellings shall be situated on tracts of land providing at least fifteen thousand (15,000) square feet of lot area.

(3)

Schools shall be situated on tracts of land providing areas not less than as set out in the following table:

Type of School	Minimum Acreage
Nursery or day nursery	21,780 square feet
Kindergarten (separate)	1 acre
Primary	5 acres
Junior High	10 acres
Senior High	20 acres
Collegiate	10 acres

(4)

Deleted.

(5)

Fire stations shall be situated on tracts of land at least one (1) acre in area.

(6)

Public or private not-for-profit libraries shall be situated on tracts of at least one (1) acre.

(7)

(8)

Except as otherwise provided in this Subsection, all conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area, provided, however, that the Planning Commission, when approving a conditional use permit for foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, may allow the establishment of said foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, on tracts of land less than five (5) acres where the developments and uses contemplated are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses of the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; are deemed essential or desirable to preserve and promote public health, safety, and general welfare of the City of Arnold; and where the related parking needs, outdoor facilities, size of buildings and potential membership of said developments and uses are deemed consistent with the intensity of land use in the neighborhood of said uses and developments. Provided, however, that the minimum tract area for the said conditional developments and uses shall not be less than the minimum tract area for dwelling units permitted in this district.

(9)

No structure or boundary walls or fences, higher than six (6) feet in height, shall be erected within twenty-five (25) feet of any roadway right-of-way line or road easement. In the case of corner lots, no structure exceeding thirty-six (36) inches in height may be erected within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines. Likewise, in the case of corner lots, no plant material exceeding a height of thirty-six (36) inches above the elevation of the street pavement may be planted or maintained within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.

(10)

No structure shall be erected within eight (8) feet of any side property line; except that this requirement shall not apply to any boundary wall or fence less than six (6) feet in height; and except further that wherever a lot of record existing on the effective date of this Chapter has a width sixty (60) feet or less, the side yard on each side of any building erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.

(11)

No structure shall be erected within fifteen (15) feet of a rear property line; except that this requirement shall not apply to any boundary wall or fence less than six (6) feet in height.

(12)

(13)

In the event that forty percent (40%) or more of the frontage along one (1) side of a street between two (2) intersecting streets, or for a distance of at least five hundred (500) feet in either direction, is developed with buildings set back from such street with a variation in setback of no more than ten (10) feet, a structure may be located so as to approach no closer to the roadway than the average of existing buildings, but in no case shall any building be located closer than fifteen (15) feet from the roadway right-of-way line.

(14)

(15)

Commercial gardens, plant nurseries and greenhouses shall be located on tracts of land providing at least three (3) acres.

(16)

Deleted.

Off-Street Parking And Loading Requirements.

(1)

Churches shall provide one (1) off-street parking space for each four (4) seats in the main auditorium of the church.

(2)

Public and private schools shall provide one (1) off-street parking space for each classroom and separate office in such school, plus one (1) space for every four (4) students over the age of sixteen (16) whom the school is designed to accommodate; for purposes of calculating the number of secondary school pupils to whom this criteria refers, only pupils in the eleventh (11th) and twelfth (12th) grades shall be considered.

(3)

(4)

(5)

Hospital shall provide not less than two and one-half (2.5) parking spaces for each bed in the hospital.

(6)

(Reserved)[1]

[1]

Editor's Note: Former Subsection (C)(1)(e)(6) was repealed 7-21-2022 by Ord. No. 7.49 (Bill No. 2830).

(7)

Public and private not-for-profit libraries shall provide parking areas of three (3) times the gross floor area of the library exclusive of auditoriums, plus one (1) additional parking space for each six (6) seats in an auditorium or meeting place accessory to a library.

(8)

Parking areas, including driveways, shall, in this district, be paved.

(9)

Commercial gardens, plant nurseries and greenhouses shall provide at least four (4) parking spaces per acre plus two (2) parking spaces per greenhouse.

(10)

Single-Family Parking Standards.

[Ord. No. 7.49 (2830), 7-21-2022]

(a)

At least two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided for each dwelling unit.

(11)

Two-Family Parking Standards.

[Ord. No. 7.49 (2830), 7-21-2022]

(a)

At least two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided for each dwelling unit, plus one (1) guest space for every two (2) dwelling units.

(12)

Carports or other unenclosed covered structures typically used to store vehicles are prohibited.

[Ord. No. 7.49 (2830), 7-21-2022]

Deleted.

In-home day cares shall contain no more than four (4) unrelated children.

(1)

"Related" is defined as any of the following relationships, by marriage, blood or adoption between the provider and the children in care: parent, grandparent, great-grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, niece, nephew or first cousin.

(2)

Only two (2) unrelated children are allowed in a multi-family dwelling unit as defined by the Zoning Code.

"R-4" Residence District.

The "R-4" Residence District is designed to encourage the creation and maintenance of stable and enduring residential neighborhoods by establishing limitations on the use and character of development of land so as to take advantage of, or to avoid conflicts with, natural topography, existing developments, hydrology, and arrangements and location of existing or planned community facilities, and social needs of the community. This Subsection contains district regulations of the "R-4" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Subsection by reference.

Permitted Land Uses And Developments.

(1)

Farming.

(2)

Forests.

(3)

Single-family dwellings.

(4)

Churches.

(5)

Public or private kindergarten, elementary, secondary and collegiate schools.

(6)

Deleted.

(7)

Public and private not-for-profit parks, parkways, and playgrounds.

(8)

Home occupations.

(9)

Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing or walls, or any combination thereof, or shall be placed underground, or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening said facilities shall be submitted to the Planning Commission for review. No building permit or installation permit shall be issued until said plans have been approved by the Planning Commission.

(10)

Fire stations.

(11)

Public or private not-for-profit libraries.

(12)

Municipal buildings.

(13)

Accessory buildings.

(14)

Commercial vegetable and flower gardening, plant nurseries and greenhouses, not including any structure used as a salesroom.

Conditional land use and development permits issued by the Commission which may be permitted under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter.

(1)

Two-family dwellings.

(2)

Three-family dwellings.

(3)

Four-family dwellings.

(4)

Nursing homes.

(5)

All public utility facilities.

(6)

Not-for-profit private clubs and recreational land uses, including community centers.

(7)

Golf courses, including practice driving tees on the same premises, not including miniature courses.

(8)

Retreats owned and operated by religious, educational, or other not-for-profit establishments.

(9)

Sewage treatment facilities.

(10)

Hospitals.

(11)

Foster homes for handicapped children.

(12)

Specialized private schools.

(13)

Dormitory or group living facilities for religious, educational or charitable purposes.

(14)

Salesrooms for commercial gardens, plant nurseries and greenhouses.

(15)

Temporary commercial activities of community-oriented, not-for-profit, and fraternal organizations.

(16)

Sheltered workshops.

(17)

In-home day care.

(18)

Nursery schools and day nurseries.

(19)

Fireworks stands.

[Ord. No. 14.548 (2787), 5-6-2021]

Height Limitations For Structures.

(1)

No dwelling structure shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height.

(2)

Lot Dimension, Lot Area, And Yard Requirements.

(1)

Dwellings shall be situated on tracts of land providing at least ten thousand (10,000) square feet of lot area for each dwelling unit.

(2)

Two-family dwellings shall be situated on tracts of land providing at least ten thousand (10,000) square feet of lot area.

(3)

Three-family dwellings shall be situated on tracts of land providing at least twelve thousand (12,000) square feet of lot area.

(4)

Four-family dwellings shall be situated on tracts of land providing at least sixteen thousand (16,000) square feet of lot area.

(5)

Schools shall be situated on tracts of land providing areas not less than as set out in the following table:

Type of School	Minimum Acreage
Nursery or day nursery	21,780 square feet
Kindergarten (separate)	1 acre
Primary	5 acres
Junior High	10 acres
Senior High	20 acres
Collegiate	10 acres

(6)

Deleted.

(7)

Fire stations shall be situated on tracts of land at least one (1) acre in area.

(8)

Nursing homes shall be situated on tracts of land at least three (3) acres in area.

(9)

Public or private not-for-profit libraries shall be situated on tracts of at least one (1) acre.

(10)

(11)

Except as otherwise provided in this Subsection, all conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area, provided, however, that the Planning Commission, when approving a conditional use permit for foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, may allow the establishment of said foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, on tracts of land less than five (5) acres where the developments and uses contemplated are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses of the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; are deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the City of Arnold; and where the related parking needs, outdoor facilities, size of buildings and potential membership of said developments and uses are deemed consistent with the intensity of land use in the neighborhood of said uses and developments. Provided, however, that the minimum tract area for said conditional uses shall not be less than the minimum tract area for dwelling units permitted in this district.

(12)

(13)

(14)

No structure shall be erected within fifteen (15) feet of a rear property line; except that this requirement shall not apply to any boundary wall or fence less than six (6) feet in height.

(15)

(16)

In the event that forty percent (40%) or more of the frontage along one (1) side of a street between two (2) intersecting streets, or for a distance of at least five hundred (500) feet in either direction, is developed with buildings set back from such street with a variation in setback of no more than ten (10) feet, a structure may be located so as to approach no closer to the roadway than the average of existing buildings, but in no case shall any building be located closer than fifteen (15) feet from the roadway right-of-way line.

(17)

Specialized private schools may be permitted in any residential district under a conditional use permit providing that they be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the public school system land area requirements. Further, no buildings or activity areas should be located closer than the allowable setback from the property line in each given residential district.

(18)

Commercial gardens, plant nurseries and greenhouses shall be located on tracts of land providing at least three (3) acres.

(19)

Notwithstanding any other provision of this Code, two-family, three-family and four-family dwellings shall not be permitted within a development approved as a development for single-family dwellings.

Off-Street Parking And Loading Requirements.

(1)

Churches shall provide one (1) off-street parking space for each four (4) seats in the main auditorium of the church.

(2)

Public and private schools shall provide one (1) off-street parking space for each classroom and separate office in such school, plus one (1) space for every four (4) students over the age of sixteen (16) whom the school is designed to accommodate; for purposes of calculating the number of secondary school pupils to whom this criterion refers, only pupils in the eleventh (11th) and twelfth (12th) grades shall be considered.

(3)

(4)

(5)

Hospitals shall provide not less than two and one-half (2.5) parking spaces for each bed in the hospital.

(6)

(Reserved)[2]

[2]

Editor's Note: Former Subsection (D)(1)(e)(6) was repealed 7-21-2022 by Ord. No. 7.49 (Bill No. 2830).

(7)

Public and private not-for-profit libraries shall provide parking areas of three (3) times the gross floor area of the library exclusive of auditoriums, plus one (1) additional parking space for each six (6) seats in an auditorium or meeting place accessory to a library.

(8)

Parking areas, including driveways, shall, in this district, be paved.

(9)

Commercial gardens, plant nurseries and greenhouses shall provide at least four (4) parking spaces per acre plus two (2) parking spaces per greenhouse.

(10)

Single-Family Parking Standards.

[Ord. No. 7.49 (2830), 7-21-2022]

(a)

At least two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided for each dwelling unit.

(11)

Two-Family, Three-Family, And Four-Family Parking Standards.

[Ord. No. 7.49 (2830), 7-21-2022]

(a)

At least two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided for each dwelling unit, plus one (1) guest space for every two (2) dwelling units.

(12)

Carports or other unenclosed covered structures typically used to store vehicles are prohibited.

[Ord. No. 7.49 (2830), 7-21-2022]

In-home day cares shall contain no more than four (4) unrelated children.

(1)

(2)

Only two (2) unrelated children are allowed in a multi-family dwelling unit as defined by the Zoning Code.

"R-5" Residence District.

The "R-5" Residence District is designed to encourage the creation and maintenance of stable and enduring residential neighborhoods by establishing limitations on the use and character of development of land so as to take advantage of, or to avoid conflicts with, natural topography, hydrology, existing developments, and arrangements and location of existing or planned community facilities, and social needs of the community. This Subsection contains the district regulations of the "R-5" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Subsection by reference.

Permitted Land Uses And Developments.

(1)

Farming.

(2)

Forests.

(3)

Single-family dwellings.

(4)

Churches.

(5)

Public or private not-for-profit libraries.

(6)

Public or private kindergarten, elementary, secondary and collegiate schools.

(7)

Deleted.

(8)

Public and private not-for-profit parks, parkways, and playgrounds.

(9)

Home occupations.

(10)

Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing or walls, or any combination thereof, or shall be placed underground, or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening said facilities shall be submitted to the Planning Commission for review. No building or installation permit shall be issued until said plans have been approved by the Planning Commission.

Fire stations.

Municipal buildings.

Accessory buildings.

Commercial vegetable and flower gardening, plant nurseries and greenhouses, not including any structure used as a salesroom.

Conditional land use and development permits issued by the Commission which may be permitted under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter.

(1)

Two-family dwellings.

(2)

Three-family dwellings.

(3)

Four-family dwellings.

(4)

All public utility facilities.

(5)

Not-for-profit private clubs and recreational land uses, including community centers.

(6)

Nursing homes.

(7)

Retreats owned and operated by religious, educational, or other not-for-profit establishments.

(8)

Hospitals.

(9)

Golf courses, but not including miniature courses.

(10)

Dormitory or group living facilities for religious, educational or charitable purposes.

(11)

Sewage treatment facilities.

(12)

Foster homes for handicapped children.

(13)

Specialized private schools.

(14)

Salesrooms for commercial gardens, plant nurseries and greenhouses.

(15)

Temporary commercial activities of community-oriented, not-for-profit, and fraternal organizations.

(16)

Sheltered workshops.

(17)

In-home day care.

(18)

Nursery schools and day nurseries.

(19)

Fireworks stands.

[Ord. No. 14.548 (2787), 5-6-2021]

Height Limitations For Structures.

(1)

No dwelling structure shall exceed two and one-half (2 1/2) stories in height, including any basement dwelling space, or thirty-five (35) feet in height.

(2)

Any non-dwelling structure, other than a public utility tower authorized by a conditional use permit, shall be limited to a height of fifty (50) feet above the average finished ground elevation at the perimeter of the such structure; except that the height of the structure may be further restricted as provided in Section 405.050(B).

Lot Dimension, Lot Area, And Yard Requirements.

(1)

Detached single-family dwellings shall be situated on tracts of land providing at least eight thousand (8,000) square feet of lot area.

(2)

Two-family dwellings shall be situated on tracts of land providing at least eight thousand (8,000) square feet of lot area.

(3)

Three-family dwellings shall be situated on tracts of land at least twelve thousand (12,000) square feet of lot area.

(4)

Four-family dwellings shall be situated on tracts of land providing at least sixteen thousand (16,000) square feet of lot area.

(5)

Schools shall be situated on tracts of land providing areas not less than as set out in the following table:

Type of School	Minimum Acreage
Nursery or day nursery	21,780 square feet
Kindergarten (separate)	1 acres
Primary	5 acres
Junior High	10 acres
Senior High	20 acres
Collegiate	10 acres

(6)

Deleted.

(7)

Nursing homes shall be situated on tracts of land at least two (2) acres in area.

(8)

Fire stations shall be situated on tracts of land at least one (1) acre in area.

(9)

Hospitals shall be situated on tracts of land at least five (5) acres in area.

(10)

Libraries shall be situated on tracts of land at least one (1) acre in area.

(11)

All other land uses permitted in this district, except local public utility facilities, shall be situated or conducted on tracts of land at least three (3) acres in area unless the context of these regulations clearly indicates otherwise.

(12)

Except as otherwise provided in this Subsection, all conditional land uses in this district shall be situated or conducted on tracts of land at least three (3) acres in area, provided, however, that the Planning Commission, when approving a conditional use permit for foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, may allow the establishment of said foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, on tracts of land less than three (3) acres where the developments and uses contemplated are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses of the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; are deemed essential or desirable to promote and preserve the public health, safety and general welfare of the City of Arnold; and where the related parking needs, outdoor facilities, size of buildings and potential membership of said developments and uses are deemed consistent with the intensity of land use in the neighborhood of said uses and developments. Provided, however, that the minimum tract area for said conditional developments and uses shall not be less than the minimum tract area for dwelling units permitted in this district.

(13)

(14)

No structure shall be erected within eight (8) feet of any side property line; except that this requirement shall not apply to any boundary wall or fence less than six (6) feet in height; and except further that wherever a lot of record existing on the effective date of this Chapter, has a width sixty (60) feet or less, the side yard on each side of any building erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall such yard be less than five (5) feet in width.

(15)

No structure shall be erected within fifteen (15) feet of a rear property line; except that this requirement shall not apply to any boundary walls or fence less than six (6) feet in height.

(16)

(17)

(18)

No wall of any separate (detached) structure shall be located closer to any wall of another separate structure than as set out in the following table:

Walls	Front	Side	Rear	Walls of Detached Accessory Buildings
Front	50' plus additional 10' for each building over 2 stories	30' except 20' if side wall has no windows	100'	30'
Side	30' except 20' if side wall has no windows	20'	30'	10'
Rear	100'	30'	30'	20'

Except that any dimension given in the preceding table shall include the side yard required for a single-family dwelling, stated in Subsection (E)(1)(d)(14) preceding, when any described wall faces the side lot of any separately owned property, whether or not any structure is located on said property.

(19)

Specialized private schools may be permitted in any residential district under a conditional use permit providing that they be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the public school system land area requirements. Further, no buildings or activity areas should be located closer than the allowable setback from the property lines in each given residential district.

(20)

Commercial gardens, plant nurseries and greenhouses shall be located on tracts of land providing at least three (3) acres.

(21)

Any part of a lot area not used for buildings or other structures or for parking, loading or accessways shall be landscaped with grass, ground cover, trees, shrubs and pedestrian walks in accordance with the following minimum requirements:

Minimum caliper for deciduous trees:	2 inches
Minimum height for coniferous trees:	6 feet
Tree mix:	Maximum of 40% of one species
Distribution:	1 tree per 10 parking spaces with 75% of those trees within the parking area
	1 foundation plant (shrub or bush) per 20 feet of street exposed wall area

(22)

Notwithstanding any other provision of this Code, two-family, three-family and four-family dwellings shall not be permitted within a development approved as a development for single-family dwellings.

Off-Street Parking And Loading Requirements.

(1)

Churches shall provide one (1) off-street parking space for each four (4) seats in the main auditorium of the church.

(2)

Public and private schools shall provide one (1) off-street parking space for each classroom and separate office in such school, plus one (1) space for every four (4) students over the age of sixteen (16) whom the school is designed to accommodate; for purposes of calculating the number of secondary school pupils to whom the criterion refers, only pupils in the eleventh (11th) and twelfth (12th) grades shall be considered.

(3)

Parks and golf courses shall provide parking areas equivalent to at least one percent (1%) of the total area of land in such park or golf course; except that parking area available on park roads or private drives may be used to fulfill this requirement.

(4)

Hospitals shall have parking area provided on a basis of two and one-half (2.5) parking spaces for each bed in the hospital.

(5)

Nursing homes, public utility facilities, pools, clubs, recreational and community centers library, mortuaries, floor dormitories, and group living arrangements, fire stations and retreats shall provide sufficient parking spaces for employees' or visitors' motor vehicles as to assure that no such vehicles need be parked on any street.

(6)

(Reserved)[3]

[3]

Editor's Note: Former Subsection (E)(1)(e)(6) was repealed 7-21-2022 by Ord. No. 7.49 (Bill No. 2830).

(7)

Public and private not-for-profit libraries shall provide parking areas of three (3) times the gross area of the library exclusive of auditoriums, plus one (1) additional parking space for each six (6) seats in an auditorium or meeting place accessory to a library.

(8)

Parking areas, including driveways, shall, in this district, be paved.

(9)

Commercial gardens, plant nurseries and greenhouses shall provide at least four (4) parking spaces per acre and two (2) parking spaces per greenhouse.

(10)

Single-Family Parking Standards.

[Ord. No. 7.49 (2830), 7-21-2022]

(a)

At least two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided for each dwelling unit.

(11)

Two-Family, Three-Family, And Four-Family Parking Standards.

[Ord. No. 7.49 (2830), 7-21-2022]

(a)

At least two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided for each dwelling unit, plus one (1) guest space for every two (2) dwelling units.

(12)

Carports or other unenclosed covered structures typically used to store vehicles are prohibited.

[Ord. No. 7.49 (2830), 7-21-2022]

In-home day cares shall contain no more than four (4) unrelated children.

(1)

(2)

Only two (2) unrelated children are allowed in a multi-family dwelling unit as defined by the Zoning Code.

"R-6" Residence District.

The "R-6" Residence District is designed to blend and encourage the creation and maintenance of stable and enduring residential neighborhoods by establishing limitations on the use and character of development of land so as to take advantage of, and avoid conflicts with, natural topography, hydrology, existing developments, and arrangements and location of existing or planned community facilities, and social needs of the community. This Subsection contains the district regulations of the "R-6" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter, which are incorporated as part of this Subsection by reference.

Permitted Land Uses And Developments.

(1)

Farming.

(2)

Forests.

(3)

Single-family dwellings.

(4)

Two-family dwellings.

(5)

Churches.

(6)

Public or private kindergarten, elementary, secondary, and collegiate schools.

(7)

Deleted.

(8)

Public and private not-for-profit parks, parkways and playgrounds.

(9)

Private not-for-profit libraries.

(10)

Home occupations.

(11)

Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing or walls, or any combination thereof, or shall be placed underground, or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening said facilities shall be submitted to the Planning Commission for review. No building permit or installation permit shall be issued until said plans have been approved by the Planning Commission.

(12)

Fire stations.

(13)

Municipal and governmental agency buildings.

(14)

Accessory buildings.

(15)

The following commercial uses when located within a multiple-family structure; provided these occupy no more than five percent (5%) of the gross floor area of the structure, or if provided in a single structure of a multi-public structure development under single ownership, no more than five percent (5%) of the total gross floor area of the multiple-family structures within the development; and no displays are visible from the outside of the structure:

(a)

Food or drug store.

(b)

Barber or beauty shop.

(c)

Laundry or dry cleaning pickup station or self-service laundry or dry cleaning facility.

(d)

Restaurant.

(e)

Cigar or newspaper stand.

(f)

Financial institution.

(g)

Pharmacy.

(16)

Commercial vegetable and flower gardening, plant nurseries and greenhouses, not including any structure used as a salesroom.

Conditional land uses and development permits issued by the Commission which may be permitted under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter.

(1)

Three-family dwellings.

(2)

Four-family dwellings.

(3)

Multi-family dwellings.

(4)

All public utility facilities.

(5)

Not-for-profit private clubs and recreation land uses, including community centers.

(6)

Nursing homes.

(7)

Lodging Establishments, including customary services for guests.

(8)

Hospitals.

(9)

Golf courses, but not including miniature courses.

(10)

Retreats.

(11)

Dormitory or group living facilities for religious, educational, or charitable purposes.

(12)

Sewage treatment facilities.

(13)

Foster homes for handicapped children.

(14)

Specialized private schools.

(15)

Salesrooms for commercial gardens, plant nurseries and greenhouses.

(16)

Temporary commercial activities of community-oriented, not-for-profit, and fraternal organizations.

(17)

Sheltered workshops.

(18)

In-home day care.

(19)

Nursery schools and day nurseries.

(20)

Clinic (max. 5% of the gross floor area of the structure).

(21)

Outdoor activities.

(22)

Fireworks stands.

[Ord. No. 14.548 (2787), 5-6-2021]

Height Limitations For Structures. Unless otherwise restricted by application of regulations in Section 405.050(B) of this Chapter, the total height of any structure, other than a public utility tower authorized by a conditional use permit, shall not exceed fifty (50) feet above the average finished ground elevation at the perimeter of the such structure.

Lot Dimension, Lot Area, And Yard Requirements.

(1)

Detached single-family dwellings shall be situated on tracts of land providing at least eight thousand (8,000) square feet of lot area.

(2)

Two-family dwellings shall be situated on tracts of land providing at least eight thousand (8,000) square feet of lot area.

(3)

Three-family dwellings shall be situated on tracts of land providing at least twelve thousand (12,000) square feet of lot area.

(4)

Four-family dwellings shall be situated on tracts of land providing at least sixteen thousand (16,000) square feet of lot area.

(5)

Multiple-family dwellings shall be situated on tracts of land providing at least two thousand (2,000) square feet of lot area for each dwelling unit.

(6)

Schools shall be situated on tracts of land providing areas not less than as set out in the following table:

Type of School	Minimum Acreage
Nursery or day nursery	21,780 square feet
Kindergarten (separate)	1 acre
Primary	5 acres
Junior High	10 acres
Senior High	20 acres
Collegiate	10 acres

(7)

Deleted.

(8)

Hospitals shall be situated on tracts of land at least five (5) acres in area.

(9)

Fire stations shall be situated on tracts of land at least one (1) acre in area.

(10)

Libraries shall be situated on tracts of land at least one (1) acre in area.

(11)

Nursing homes shall be situated on tracts of land at least two (2) acres in area.

(12)

(13)

Except as otherwise provided in this Subsection, all conditional land uses in this district shall be situated or conducted on tracts of land at least three (3) acres in area, provided, however, that the Planning Commission, when approving a conditional use permit for foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, may allow the establishment of said foster homes for handicapped children, not-for-profit clubs and recreational land uses, including community centers, on tracts of land less than three (3) acres where the developments and uses contemplated are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses of the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; are deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the City of Arnold; and where the related parking needs, outdoor facilities, size of buildings and potential membership of said developments and uses are deemed consistent with the intensity of land use in the neighborhood of said uses and developments. Provided, however, that the minimum tract area for said conditional developments and uses shall not be less than the minimum tract area for dwelling units permitted in this district.

No structure shall be erected within fifteen (15) feet of a rear property line; except that this requirement shall not apply to any boundary wall or fence less than six (6) feet in height.

(18)

In addition to the front, side and rear yard requirements stated in Subsection (F)(1)(d)(13), (14), (16) and (17) preceding, every structure, other than a public utility tower authorized by a conditional use permit, shall satisfy the following setback requirement: Every structure exceeding forty-five (45) feet in height above the average finished ground elevation at the perimeter of such structure shall be set back from all property lines a distance of one (1) foot for every two (2) feet of height above forty-five (45) feet, in addition to the minimum yard requirements.

(19)

No wall of any separate (detached) structure shall be located closer to any wall of another separate structure than as set out in the following table:

Walls	Front or Rear	Side or End	Walls of Detached Accessory Buildings
Front or Rear	50 ft. plus 1 ft. for each 2 ft. of height above each building	30 ft. except 20 ft. if side wall has no windows plus 1 ft. for each 3 ft. of height above 35 ft. for each building	30 ft. plus 1 ft. for each 2 ft. of height above 35 ft. for each building
Side or End	30 ft. except 20 ft. if side wall has no windows plus 1 ft. for each 3 ft. of height above 35 ft. for each building	20 ft. plus 1 ft. for each 3 ft. of height above 35 ft. for each building	10 ft. plus 1 ft. for each 2 ft. of height above 35 ft. for each building

Except that any dimension given above shall include the side yard required for a single-family dwelling, stated in Subsection (F)(1)(d)(16) proceeding, when any described wall faces the side lot of any separately owned property, whether or not any structure is located on said property.

(20)

Specialized private schools may be permitted in any residential district under a conditional use permit providing that they be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the public school system land area requirements. Further, no buildings or activity areas should be located closer than the allowable setback from the property line in each given residential district.

(21)

Commercial gardens, plant nurseries and greenhouses shall be located on tracts of land providing at least three (3) acres.

(22)

Minimum caliper for deciduous trees:	2 inches
Minimum height for coniferous trees:	6 feet
Tree mix:	Maximum of 40% of one species
Distribution:	1 tree per 10 parking spaces with 75% of those trees within the parking area
	1 foundation plant (shrub or bush) per 20 feet of street exposed wall area

Off-Street Parking And Loading Requirements.

(1)

Churches shall provide one (1) off-street parking space for each four (4) seats in the main auditorium of the church.

(2)

Public and private schools shall provide one (1) off-street parking space for each classroom and separate office in such school, plus one (1) space for every four (4) students over the age of sixteen (16) whom the school is designed to accommodate; for purposes of calculating the number of secondary school pupils to whom this criterion refers, only pupils in the eleventh (11th) and twelfth (12th) grades shall be considered.

(3)

(4)

Hospitals shall have parking areas provided on the basis of two and one-half (2.5) parking spaces for each bed in the hospital.

(5)

Nursing homes, public utility facilities, swimming pools, clubs, recreation and community centers, mortuaries, dormitories, and group living arrangements, and fire stations shall provide sufficient parking spaces for employees' or visitors' motor vehicles as to assure that no such vehicles need be parked on any street.

(6)

(Reserved)[4]

[4]

Editor's Note: Former Subsection (F)(1)(e)(6) was repealed 7-21-2022 by Ord. No. 7.49 (Bill No. 2830).

(7)

Lodging Establishments shall provide one and one-half (1 1/2) off-street parking spaces for each guest room.

(8)

Public and private not-for-profit libraries shall provide parking areas of three (3) times the gross floor area of the library exclusive of auditoriums, plus one (1) additional parking space for each six (6) seats in an auditorium or meeting place accessory to a library.

(9)

Parking areas, including driveways, shall, in this district, be paved.

(10)

Commercial gardens, plant nurseries and greenhouses shall provide at least four (4) parking spaces per acre and two (2) parking spaces per greenhouse.

(11)

Single-Family Parking Standards.

[Ord. No. 7.49 (2830), 7-21-2022]

(a)

At least two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided for each dwelling unit.

(12)

Two-Family, Three-Family, And Four-Family Parking Standards.

[Ord. No. 7.49 (2830), 7-21-2022]

(a)

At least two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided for each dwelling unit, plus one (1) guest space for every two (2) dwelling units.

(13)

Multi-Family Parking Standards.

[Ord. No. 7.49 (2830), 7-21-2022]

(a)

For one- and two-bedroom dwelling units, a minimum of two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided. For dwelling units containing more than two (2) bedrooms, a minimum of two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided plus an additional parking space for each additional bedroom. Additionally, for every two (2) dwelling units within a multi-family development, an additional one (1) guest space shall be provided.

(b)

At least one (1) covered bicycle space shall be provided for each three (3) dwelling units.

(14)

Carports or other unenclosed covered structures typically used to store vehicles are prohibited.

[Ord. No. 7.49 (2830), 7-21-2022]

In-home day cares shall contain no more than four (4) unrelated children.

(1)

(2)

Only two (2) unrelated children are allowed in a multi-family dwelling unit as defined by the Zoning Code.

Section 405.120 Commercial Districts.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]

"C-1" Commercial District.

The "C-1" Commercial District of the City of Arnold is intended to authorize the provisions of certain limited sales and service facilities located in residential communities and constituting a convenience to residents in the immediate neighborhood. This Subsection contains the district regulations for the "C-1" Commercial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Subsection by reference.

Permitted Land Uses And Developments.

(1)

Stores and shops in which food stuff, beverages, pharmaceuticals, household supplies and personal use items are sold directly to the public for consumption elsewhere than on the premises; providing that the total gross area of any store or shop shall not exceed two thousand five hundred (2,500) square feet in area, exclusive of basements which shall not be used for sales space.

(2)

Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing or walls, or any combination thereof, or shall be placed underground, or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening said facilities shall be submitted to the Planning Commission for review. No building permit or installation permit shall be issued until said plans have been approved by the Planning Commission.

Deleted.

Fire stations.

Churches.

Municipal buildings.

Financial institutions.

(8)

Fireworks stands.

[Ord. No. 14.548 (2787), 5-6-2021]

Conditional land uses and development permits issued by the Commission which may be permitted under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter:

(1)

Neighborhood barbershops and beauty parlors.

(2)

Dry cleaning pickup stations.

(3)

Restaurants.

(4)

All public utility facilities.

(5)

Sewage treatment facilities.

(6)

Radio, television, and telecommunication transmission or relay towers and facilities, provided that any installation shall provide a fifteen-foot buffer, a minimum separation between towers shall be fifteen hundred (1,500) feet, the maximum height shall be one hundred ninety-nine (199) feet. Each tower shall provide multiple carriers or co-users and each user shall demonstrate that all useable space on the existing towers are occupied. A dual lighting system as identified by FAA regulations shall be required on these towers.

(7)

Apartment units in buildings designed for and occupied primarily for commercial purposes, when open areas for the exclusive use of occupants of such apartments, protectively screened from commercial activities are provided on the premises in a ratio of at least one (1) square foot of open area for each two (2) square feet of floor area contained in all apartment dwelling units.

(8)

Temporary structures constructed and placed on an individual parcel for thirty-one (31) or more days, whether cumulative or consecutively, per twelve-month period.

(9)

Bar/cocktail lounge.

(10)

Tobacco, Nicotine, and other legal substance establishment (See Section 405.150(A)).

(11)

Financial institution.

(12)

Outdoor activities.

Height Limitations For Structures. No structure in this district, other than a utility tower authorized by a conditional use permit, shall exceed one (1) story in height above the average natural grade of the perimeter of the lot or tract upon which it is located.

Lot Dimension, Lot Area, And Yard Requirements.

(1)

Every lot or tract of land shall have an area, exclusive of any area dedicated as a public roadway, comprising not less than fifteen thousand (15,000) square feet.

(2)

No structure other than a permitted directional or information sign, or boundary walls or fences, higher than six (6) feet in height, shall be erected within fifty (50) feet of any roadway right-of-way line or road easement. In the case of corner lots, no structure exceeding thirty-six (36) inches in height may be erected within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines. Likewise, in the case of corner lots, no plant material exceeding a height of thirty-six (36) inches above the elevation of the street pavement may be planted or maintained within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.

(3)

A landscaped yard area not less than ten (10) feet in width shall be provided along any common property line with a lot lying wholly within any residential district.

(4)

The maximum lot coverage of any lot in this district shall be no greater than twenty percent (20%) of the total lot area.

(5)

Minimum caliper for deciduous trees:	2 inches
Minimum height for coniferous trees:	6 feet
Tree mix:	Maximum of 40% of one species
Distribution:	1 tree per 10 parking spaces with 75% of those trees within the parking area
	1 foundation plant (shrub or bush) per 20 feet of street exposed wall area

(6)

(a)

Natural Vegetation.

Minimum species mixture	100% coniferous
Minimum species height	6 feet
Minimum species spacing	8 feet on center

(b)

Fencing.

Minimum height	6 feet
Sightproofing	stockade/slats in cyclone style

All buffering shall be established prior to the start of construction.

Off-Street Parking And Loading Requirements.

(1)

Except as otherwise provided in this Subsection, the requirements for off-street parking shall be implemented with regard to the minimum dimensions in the following table:

Parking Dimensions Table
A	B	C	D	E	F	G
45°	10.0'	20.5'	12.5'	14.2'	53.5'	46.5'
60°	10.0'	21.0'	17.5'	11.5'	60.5'	55.5'
90°	10.0'	19.0'	24.0'	10.0'	62.0'

A	=	parking angle
B	=	stall width
C	=	stall to curb
D*	=	aisle width
E	=	curb length per car
F	=	curb to curb
G	=	center to center width of double row with aisle between
*	Additional width may be required where the aisle serves as the principal means of access to on-site buildings or structures.

(2)

In the event that the desired angle is not specified by the above table, the Community Development Department may specify other equivalent dimensions associated with the desired parking angle by interpolating from dimensions listed in the table.

(3)

A stall dimension of ten (10) feet by nineteen (19) feet or equivalent may be utilized for off-street parking stalls provided in excess of the minimum requirements as set forth in this Subsection when designated for compact car use.

(4)

On-site parallel parking stalls shall be ten (10) feet by twenty-two (22) feet adjacent to a twenty-four (24) foot two-way lane or fifteen (15) foot one-way lane.

(5)

All parking and loading areas, including driveways, shall be paved.

(6)

All areas for off-street parking and loading shall be so arranged that vehicles at no time shall be required to back into any street or roadway to gain access thereto.

(7)

Off-street parking areas shall provide ingress and egress to any public right-of-way only at such location as approved by the Community Development Director.

(8)

Unenclosed parking spaces.

(a)

No unenclosed parking space or loading space or internal drive, except for ingress or egress drives, shall be closer to the street right-of-way than fifteen (15) feet. The area within fifteen (15) feet of the street right-of-way shall be landscaped as approved by the Planning Commission.

(b)

No unenclosed parking or loading space or internal drive shall be closer than fifteen (15) feet to any adjoining "PS" Park and Scenic or "R" Residence District. Said parking setbacks shall be effectively screened.

(9)

No off-street parking space required under this Subsection shall be used for any other purpose. Where a change in use creates greater parking requirements than the amount being provided, an occupancy permit shall not be issued until provision is made for the increased amount of required off-street parking.

(10)

Where an addition is made to an existing use which does not comply with the parking requirements cited for such use, additional parking shall be provided in proportion to the addition.

(11)

Where no minimum requirement is specified or when one (1) or more of the parking requirements may be construed as applicable to the same use, lot or building, the final determination of required parking shall be made by the Planning Commission.

(12)

All parking spaces required by this Subsection shall be located on the same parcel of land as the use to be served, except that parking for one (1) or more uses may be provided on a separate lot from the use or uses to be served when said separate lot is within a commercial zoning district and within three hundred (300) feet of the use or uses to be served, as measured along a pedestrian pathway. When two (2) or more uses combine to provide the required parking space jointly, the parking space so provided shall equal the total space required if each were to provide parking space separately.

Joint or remote parking areas provided in accordance with this paragraph shall be comprised of a minimum of twenty (20) stalls except when provided in accordance with uses in the "C-1" Commercial District. Such parking must be approved by the Zoning Enforcement Officer. Subsequent to approval, said parking plan and an appropriate legal instrument of agreement among the owners of the various properties involved shall be recorded with the County Recorder of Deeds. Such recorded plans and agreement shall be binding upon the owners of the properties involved and their successors and assigns and shall limit and control the use of land included in the plan in conjunction to those uses and conditions approved by the Zoning Enforcement Officer and agreed to by the owners of the properties involved.

(13)

All seasonal sales areas that use designated parking areas shall not utilize more than ten percent (10%) of the required parking spaces for that property.

(14)

The minimum number of parking spaces provided on the same premises shall be as designated by use in the following table:

[Ord. No. 14.532 (2737), 5-2-2019; Ord. No. 14.540 (2758), 10-17-2019]

Parking Space Requirements
Use	Number of Parking Spaces
Apartment	2 per dwelling unit
Auditoriums, theaters, meeting rooms and places for public assembly	1 per 4 seats or 1 for every 50 square feet of gross floor area when there is no fixed seating
Auto parts store	3 1/3 per 1,000 square feet of gross floor area
Auto sales	3 1/3 per 1,000 square feet of gross floor area of sales and showroom area, 3 spaces for every service bay in repair garage areas, and 1 space for every vehicle used in the operation of this use or stored on the premises
Banks and similar institutions	6 per 1,000 square feet of gross floor area
Banks and similar institutions, drive-up facilities	Reservoir (line-up) parking equal to 5 times the capacity of the facility
Barber and beauty shops	3 per chair
Beverage shops	6 1/2 per 1,000 square feet of gross floor area
Bookstores and card shops	4 1/2 per 1,000 square feet of gross floor area
Car wash, except self-service	Reservoir (line-up) parking equal to 5 times the capacity of the car wash
Car wash, self-service	Line-up area for each wash stall of sufficient size to accommodate 4 cars
Children's amusement parks	1 square foot for each square foot of public activity area
Churches	1 per 4 seats in the main auditorium
Cigar/newspaper stands	3 1/3 spaces per 1,000 square feet of gross floor area
Clubs and lodges	1 per 4 seats or 1 per 3 members
Commercial service facilities and retail sales	5 1/2 per 1,000 square feet of gross floor area
Commercial or trade school	1 per 3 students plus 1 per employee
Commercial vegetable and flower gardening, plant nurseries and greenhouses	2 per 3 employees on the maximum shift, 1 per vehicle customarily used in the operation of the use or stored on the premises, plus 5 per 1,000 square feet of gross floor area of salesroom
Day care centers	1 per 6 children; a safe pedestrian walkway system as approved by the Planning Commission shall be provided through parking areas to the building entrance, with a safety zone a minimum of 15 feet in width between parking spaces in front of the building entrance shall be provided in addition to standard driveway and parking requirements.
Equipment sales, service, rental and repair	3 1/3 per 1,000 square feet of gross floor area
Filling stations	1 per employee on the maximum shift
Fishing tackle and bait shops	5 per 1,000 square feet of gross floor area
Fire stations	1 per employee on the maximum shift
Food markets, 5,000 square feet gross floor area and over	5 1/2 per 1,000 square feet of gross floor area
Food markets, under 5,000 square feet gross floor area (convenience store)	3 1/3 per 1,000 square feet of gross floor area
Furniture, store, retail	3 per 1,000 square feet of gross floor area
General offices	4 per 1,000 square feet of gross floor area
Home improvement centers	4 1/2 per 1,000 square feet of gross floor area
Laundries and dry cleaning pickup	5 per 1,000 square feet of gross floor area
Libraries' reading rooms	5 per 1,000 square feet of gross floor area, 1 per 6 seats in an accessory auditorium and 2 per 3 employees on the maximum shift
Lodging Establishments	1 per sleeping unit, 2 per 3 employees on the maximum shift, plus 1 for every vehicle customarily used in the operation of the use or stored on the premises
Mail order sales	1 per employee plus 1 for every vehicle customarily used in operation of the use or stored on the premises
Medical or dental office or clinic	5 per 1,000 square feet of gross floor area
Mortuaries	1 per 5 seats, 10 space minimum
Police stations	2 per 3 employees on the maximum shift, plus 1 per vehicle customarily used in the operation of the use or stored on the premises
Postal stations	4 per customer service station, 2 per 3 employees on the maximum shift, plus 1 per vehicle customarily used in the operation of the use or stored on the premises
Private clubs	1 per 3 members
Public buildings	1 per employee plus 1 per 4 seats in assembly halls
Public utility facilities	1 per employee
Recreational uses	1 per 3 patrons plus 1 per employee
Repair services	3 1/2 per 1,000 square feet of gross floor area
Restaurants, bars, cocktail lounges	1 per 3 seats plus 2 per 3 employees on the maximum shift
Restaurants, fast-food	1 per 2 seats plus 2 per 3 employees on the maximum shift, plus reservoir (line-up) parking equal to 6 times the capacity of drive-through facilities
Veterinary clinics and hospitals	4 per doctor plus 1 per additional employee

(15)

One (1) paved off-street loading space shall be provided on the premises for each fifteen thousand (15,000) square feet, or fraction thereof, of gross floor area in every building. Each such loading space shall measure no less than ten (10) feet by sixty (60) feet and shall have a height clear of obstructions of fourteen (14) feet. Sufficient turning radii shall be provided for truck movement into and out of the property.

Deleted.

Specific prohibitions.

(1)

Deleted.

(2)

Filling stations shall not be permitted within this district.

(3)

No business establishment shall display or keep for public patronage any amusement machine, table, or device to include, but not limited to, billiard tables, pool tables, air hockey tables, foosball tables, pinball machines, and video games.

"C-2" Commercial District.

The "C-2" Commercial District of the City of Arnold encompasses areas wherein may be located such stores and service facilities as will provide a wide range of those goods and services usually used, consumed or needed in the home or by individuals. Within this district, it is the purpose of these regulations to facilitate the establishment of conditions suitable for the operating of small business catering to the general public. This Subsection contains the district regulations of the "C-2" Commercial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter that are incorporated as part of this Subsection by reference.

Permitted Land Uses.

(1)

Stores; shops; service facilities (excluding those identified as a conditional use permit); markets; offices; recreational facilities; and associated work and storage area required to carry on business operations in which goods and services of any kind are offered for sale or hire to the general public on the premises, provided that the total gross floor area devoted to any business, firm, or services shall not exceed thirty thousand (30,000) square feet in floor area.

(2)

Churches.

(3)

Public kindergarten, elementary, secondary, and collegiate schools.

(4)

Mortuaries.

(5)

Fire stations, postal stations, police stations, and office buildings for governmental agencies.

(6)

Municipal buildings.

(7)

Financial institutions.

(8)

Restaurants.

(9)

Lodging Establishments, including customary services for guests.

[Ord. No. 14.532 (2737), 5-2-2019]

(10)

(Reserved)[1]

[1]

Editor's Note: Former permitted use, Clinics, was repealed 3-5-2020 by Ord. No. 14.543 (Bill No. 2765). See now Subsection (B)(1)(b)(24), Clinic, conditional uses, below.

(11)

Public and private libraries, meeting rooms, auditoriums, theaters, and other similar facilities for public assembly.

(12)

Hospitals.

(13)

Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing or walls, or any combination thereof, or shall be placed underground, or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening said facilities shall be submitted to the Planning Commission for review. No building permit or installation permit shall be issued until the Planning Commission has approved said plans.

(14)

Fireworks stands.

[Ord. No. 14.548 (2787), 5-6-2021]

Conditional land use and development permits issued by the Commission under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter:

(1)

Apartment units in buildings designed for and occupied primarily for commercial purposes, when open areas for the exclusive use of occupants of such apartments, protectively screened from commercial activities, are provided on the premises in a ratio of at least one (1) square foot of open area for each two (2) square feet of floor area contained in all apartment dwelling units.

(2)

Auto filling stations.

(3)

Automotive repair shops.

(4)

(Reserved)[2]

[2]

Editor's Note: Former conditional use, Fast-food restaurants, was repealed 3-5-2020 by Ord. No. 14.543 (Bill No. 2765).

(5)

Car washes.

(6)

Children's amusement parks.

(7)

Animal hospitals and clinics, excluding open kennels and exercise yards.

(8)

Sewage treatment facilities.

(9)

All public utility facilities other than local public utility facilities as defined by this Code.

(10)

Radio, television, and telecommunication transmission or relay towers and facilities, provided that any installation shall provide a fifteen-foot buffer, a minimum separation between towers shall be fifteen hundred (1,500) feet, the maximum height shall be one hundred ninety-nine (199) feet. Each tower shall provide multiple carriers or co-users and each user shall demonstrate that all usable space on the existing towers are occupied. A dual lighting system as identified by FAA regulations shall be required on these towers.

(11)

Clubs and lodges.

(12)

Temporary structures constructed and placed on an individual parcel for thirty-one (31) or more days, whether cumulative or consecutively, per twelve-month period.

(13)

Car sales. (See Section 405.150(A))

(14)

Pay day and title loan businesses.

(a)

New businesses.

(i)

Only one (1) pay day/title loan business per five thousand (5,000) residents over the age of eighteen (18) years based on the current ten-year census figures.

(b)

Existing businesses proposing to relocate.

(i)

No pay day/title loan business may locate within three-fourths (3/4) of one (1) mile or three thousand nine hundred sixty (3,960) feet of another pay day/title loan, consumer installment/small loan business including pay day/title loan, consumer installment/small loan businesses located just outside of the City limits. This applies to existing stores making application to relocate.

(ii)

No pay day/title loan business may locate within five hundred (500) feet, primary entrance to primary entrance, of a property used or zoned for residential or educational purposes.

(15)

Automotive parking lots and garages.*

(16)

All other non-sales tax-producing businesses not specifically listed above.

(17)

Private kindergarten, elementary, secondary, and collegiate schools.

(18)

Vocational/technical schools.

(19)

Preschools, nursery, schools and child and adult day care facilities, per state certification and licensing.

(20)

Specialized private schools.

(21)

Bar/cocktail lounge.

(22)

Consumer installment/small loan businesses.

(a)

New businesses:

(i)

Only one (1) consumer installment/small loan business per three thousand (3,000) residents over the age of eighteen (18) years based on the current ten-year census figures. This includes existing pay day/title loan businesses that hold a dual license from the Missouri Division of Finance to operate a consumer installment loan business.

(ii)

No consumer installment/small loan business may locate within three-fourths (3/4) of one (1) mile or three thousand nine hundred sixty (3,960) feet of another consumer installment/small loan, pay day/title loan business including consumer installment/small loan, pay day/title loan businesses located just outside of the City limits.

(iii)

No consumer installment/small loan business may locate within five hundred (500) feet, primary entrance to primary entrance, of a property used or zoned for residential or educational purposes.

(b)

Existing Businesses Proposing To Relocate.

(i)

(ii)

No consumer installment/small loan business may locate within five hundred (500) feet, primary entrance to primary entrance, of a property used or zoned for residential or educational purposes.

(23)

Tobacco, Nicotine, and other legal substance establishment (See Section 405.150(A)).

(24)

Clinic.

(25)

Motor vehicle-oriented establishment (MVOE).

(26)

Outdoor activities.

(27)

Frozen treat stand, seasonal.

[Ord. No. 14.550 (2790), 5-20-2021]

(28)

Outdoor entertainment facilities.

[Ord. No. 14.550 (2790), 5-20-2021]

(29)

Amusement center/arcade.

[Ord. No. 14.560 (2834), 8-4-2022]

(30)

Motor vehicle rental establishment.

[Ord. No. 14.560 (2834), 8-4-2022]

Special requirements for conditional use permits.

(1)

Any rezoning, planned development permit and/or conditional use permit request for property along an existing street shall provide additional right-of-way, if needed, and overall street improvements as necessary to meet the width requirements set forth in the subdivision ordinance. When the property is located on only one (1) side of an existing street or road, one-half (1/2) of the required right-of-way width and street improvements shall be provided, measured from the centerline of the right-of-way as originally established.

Height Limitations For Structures.

(1)

Unless otherwise restricted by application of regulations in Section 405.050(B) of this Chapter, the total height of any structure, other than a public utility tower authorized by a conditional use permit, shall not exceed fifty (50) feet above the average finished ground elevation at the perimeter of such structure.

(2)

The height limitations contained in this Section do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(3)

Any structure exceeding thirty (30) feet in height which adjoins property in an "R" Residence District, other than a public utility tower authorized by a conditional use permit, shall be set back from such property line in addition a distance of one (1) foot for every two (2) feet in height above thirty (30) feet.

Lot Dimension, Lot Area, And Yard Requirements.

(1)

Lot Dimension.

(a)

Every lot or tract of land shall have an area, exclusive of any area dedicated as a public roadway, comprising not less than eighteen thousand (18,000) square feet. Every lot or tract of land shall have a width, measured along a straight line as nearly parallel as possible to the centerline of the frontage road and averaging sixty (60) feet distance therefrom, of not less than fifty (50) feet.

(2)

Lot Area.

(a)

Deleted.

(b)

Hospitals shall be situated on tracts of at least five (5) acres.

(c)

Radio, television, and telecommunication transmissions or relay towers and facilities shall be located on tracts of land providing at least eighteen thousand (18,000) square feet.

(d)

Schools shall be situated on tracts of land providing areas not less than as set out in the following table:

Type of School	Minimum Acreage
Nursery or day nursery	21,780 square feet
Kindergarten (separate)	1 acre
Primary	5 acres
Junior High	10 acres
Senior High	20 acres
Collegiate	10 acres

(e)

Specialized private schools may be permitted in the "C-2" Commercial District under a conditional use permit providing that they be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the public school system land area requirements. Further, no buildings or activity areas should be located closer than the allowable setback from the property line.

(3)

Lot Coverage.

(a)

The maximum lot coverage by the structure(s) of any lot in this district shall be no greater than twenty-five percent (25%) of the total lot area, or twenty percent (20%) of the total lot area in the case of lots with multiple floor buildings. On every lot there shall be a minimum of ten percent (10%) open space in the form of planted or landscaped land area. This area can include the placement of required landscape plant material. The required landscape buffer adjacent to a residential district or use cannot be counted as part of the minimum ten percent (10%) open space requirement.

(b)

In any district, more than one (1) structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this Chapter, including the lot coverage, shall be met for each structure as though it were on an individual lot.

(4)

Setback Requirements.

(a)

No structure other than a permitted directional or information sign, higher than six (6) feet in height, shall be erected within fifty (50) feet of any roadway right-of-way line or road easement.

(i)

To encourage parking behind the structure, a structure may be located within twenty (20) feet of the front property line provided all parking is at least six (6) feet behind the building.

(b)

In the case of corner lots, no structure exceeding thirty-six (36) inches in height may be erected within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.

(c)

Likewise, in the case of corner lots, no plant material exceeding a height of thirty-six (36) inches above the elevation of the street pavement may be planted or maintained within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.

(d)

No structure shall be erected within fifteen (15) feet of a property line adjoining property in an "R" Residence District. At a minimum, the fifteen-foot wide setback must be a landscape buffer and shall meet the following minimum requirements:

(i)

Natural Vegetation.

Minimum species mixture	100% coniferous
Minimum species height	6 feet
Minimum species spacing	8 feet on center

(ii)

Should the Planning Commission find a fence is needed in addition to the landscape buffer, the following requirements shall be met:

Minimum height	6 feet
Sightproofing	privacy fence consisting of vinyl or wood

(iii)

(iv)

All buffering shall be established prior to the issuance of an occupancy permit.

(e)

(i)

Roof Eaves. Roof eaves, gutters, cantilevered decks or balconies shall not project more than three (3) feet beyond the face of the wall.

(ii)

(iii)

(5)

Open Space/Landscape Plant Material Areas.

(a)

The required ten percent (10%) open space for landscape plant material (not including any buffer strip) and any other part of a lot area not used for buildings or other structures or for parking, loading or accessways shall be landscaped as required below:

Minimum caliper for deciduous trees:	3 inches (measured from 6 inches above the ground/finished grade). See below list of preferred trees
Minimum height for coniferous trees:	6 feet
Minimum size shrub:	5 gallon
Tree mix:	Minimum of 25% evergreen coniferous trees and maximum of 40% of one tree species.
Amount of plant material:	Minimum of 4 deciduous canopy trees per 10 parking spaces
	6 shrubs per 20 linear feet of perimeter building face, all sides

(b)

Seventy-five-percent (75%) of the trees must be placed within the parking area or surrounding the parking area, or all parking spaces shall be within sixty (60) feet of a deciduous canopy tree.

(c)

Landscape plant material should be installed in clusters, so as to create a substantial form of landscaping.

(d)

Automatic irrigation is required for all landscape plant material areas.

(e)

All landscape plant material that dies will be replaced promptly. Consideration may be given to the time of year and in that case an escrow for the replacement amount will be provided to the City of Arnold to insure replacement happens.

(f)

All other areas not planted shall be covered with sod or a drought-resistant grass that provides full coverage.

(g)

List of allowed trees (others will be considered if proven to be viable in the urban environment):

Large Canopy Trees (mature height of thirty-five (35) feet or greater) for Parking Lot Shade and Street Tree Planting
Patmore Ash
Summit Ash
Autumn Purple Ash
Rosehill Ash
Baldcypress
Allee Elm
Ginkgo (male only)
Black Gum
Common Hackberry
Shademaster Honeylocust
Skyline Honeylocust
American Linden
October Glory Red Maple
Red Sunset Maple
Sugar Maple
Northern Red Oak
Pin Oak
Sawtooth Oak
Shumard Oak
White Oak
Sugar Hackberry
Tuliptree
Green Vase Zelkoya

Large Canopy Trees (mature height of thirty-five (35) feet or greater) for Open Space (also includes trees listed for Parking Lot Shade and Street Tree Planting)
European Alder
Heritage River Birch
Kentucky Coffee tree
Shagbark Hickory
Redmond Linden
Littleaf Linden
Pecan
Sassafras
Sweet gum

Small Trees (mature height of thirty-five (35) feet or less) for Street Tree Planting Under Power Lines
Golden Raintree
Thornless Cockspur Hawthorn
Eastern Redbud

Small Trees (mature height of thirty-five (35) feet or less) for Open Space and for Accent
Eastern Redbud
Sargent Cherry
Crabapple
Cornelian Cherry Dogwood
Flowering Dogwood
Kousa Dogwood
Magnolia
American Yellow Wood
Sourwood

Large Evergreen Trees (mature height of twenty-five (25) feet or greater) for Open Space and Accent
American Holly
Eastern White Pine
Red Pine
Eastern Red Cedar
Colorado Spruce
Norway Spruce
Serbian Spruce

Small Evergreen Trees (mature height of twenty-five (25) feet or less) for Buffers, Screening, Open Space and Accent
Emerald Arborvitae
Nigra Arborvitae
Techny Arborvitae
Canaert Juniper
Gray Gleam Juniper
Spartan Juniper
Wichita Blue Juniper
Hicks Yew
Evergreen Shrubs for Screening and Buffers
Wintergreen Barberry
Green Mountain Boxwood
Wintergreen Boxwood
Armstrong Juniper
Sea Green Juniper
Mint Julep Juniper

Other trees may be considered if they are proven to be conducive for an urban environment.

(h)

Plant Material Not Allowed For Use In City Rights-Of-Way And Required Planting Areas. The City of Arnold does not allow the installation of the following tree and plant species for use along street rights-of-way and in or near parking lots within the City limits due to maintenance, invasiveness and safety concerns. This list is not all-inclusive. Coordinate all proposed plant species with the Community Development Director prior to submittal.

American Elm

Black Locust

Boxelder

Catalpa Tree

Cottonwood

Ginkgo (female species)

Honeysuckle

Mimosa

Silver Maple

Pear Tree Species

Persimmon

Lombardy Poplar

Mulberry

White Poplar

Sycamore

Tree-of-Heaven

(i)

List Of Allowed Native Shrubs. (Others, including improved cultivars and varieties, will be considered if proven to be viable for its intended planting location.)

Allowed Native Shrubs
Botanical Name	Common Name
Amelanchier alnifolia	Serviceberry
Amorpha canescens	Lead Plant
Aronia arbutifolia	Chokeberry
Aronia melanocarpa	Black Chokeberry
Callicarpa americana	American Beautyberry
Ceanothus americanus	New Jersey Tea
Cornus racemosa	Grey Dogwood
Corylus americana	American Hazelnut, American Filbert
Dirca palustris	Leatherwood
Hibiscus lasiocarpos	Rose Mallow
Hydrangea arborescens	Smooth Hydrangea
Hypericum hypericoides	St. Andrew Cross
Hypericum prolificum	Shrubby St. John's Wort
Ilex decidua	Possumhaw
Ilex verticillata	Winterberry
Itea virginica	Virginia Sweetspire
Physocarpus opulifolius	Ninebark
Rhododendron prinophyllum	Roseshell Azalea
Ribes missouriense	Missouri Gooseberry
Ribes odoratum	Clove Currant
Rosa Carolina	Carolina Rose
Sambucus canadensis	American Elder, Elderberry

Allowed Native Shrubs for Screening
Botanical Name	Common Name
Alnus serrulata	Hazel Alder
Cephalanthus occidentalis	Buttonbush
Hamamelis vernalis	Ozark Witch Hazel
Lindera benzoin	Spicebush
Quercus prinoides	Dwarf Chestnut Oak
Rhamnus caroliniana	Indian Cherry
Rhus copallinum	Winged/Flameleaf Sumac
Rhus glabra	Smooth Sumac
Rubus allegheniensis	Blackberry
Salix humilis	Prairie Willow
Staphylea trifolia	Bladdernut
Symphoricarpos orbiculatus	Coralberry
Viburnum dentatum	Arrowwood Viburnum
Viburnum lentago	Nannyberry Viburnum
Viburnum prunifolium	Black Haw Viburnum

Lighting Requirements For Structures, Site, And Landscape Plant Material.

(1)

The style, color, and design of the fixtures shall be compatible with the overall design and materials for the building.

(2)

All lighting shall be shielded such that the source of illumination (filament, frosted bulb or the reflection of those from a shiny surface) is not visible from the property line thereby reducing glare and interference with boundary streets and adjacent properties. Light fixtures near adjacent property may require special shielding devices to prevent light trespass.

(3)

All lighting sources (including, but not limited to, street, parking lot, security, walkway and building) shall be downcast and fully shielded with the following exceptions:

(a)

Holiday lighting.

(b)

All temporary emergency lighting needed by the Fire and Police Departments, or other emergency agencies.

(4)

Floodlights with external shielding can be deflected up to twenty-five degrees (25°) from a vertical plane as measured through the central axis of the light beam from the luminaire, only if the luminaire does not cause glare or light to shine on adjacent property or public rights-of-way.

COMPLIANT FLOODLIGHT ANGLE

(5)

Uplighting for flags, address markers, trees, architectural features, and low-voltage landscape lighting provided the luminaire is located, aimed, and shielded so that direct illumination is focused exclusively on the object and away from adjoining properties and the public street right-of-way. Architectural features may be illuminated by uplighting, provided that the light is effectively contained by the structure. In all cases, uplighting must not cause glare or light trespass.

(6)

All exterior light fixtures (including, but not limited to, mounted on the building, used for a sign or freestanding) shall comply with the following regulations:

(a)

The bulb of the fixture is not visible;

(b)

The fixture is opaque utilizing frosted, opalescent, or iridescent glass; and

(c)

The output is shielded through the architecture of the structure and does not cause glare or light trespass beyond the property.

(7)

Temporary (two (2) days or less) high intensity discharge floodlighting may be used for sports lighting and City sponsored events provided that the lighting be turned off no later than one (1) hour after the event is concluded. The fixtures must be aimed so that their beams are directed and fall within the primary playing or performance area.

(8)

All permanent sports and event lighting shall be equipped with a glare control package (louvers, shields, or similar devices) and the fixtures must be aimed so that beams are directed and fall within the primary playing area and light trespass is minimized.

(9)

Projects shall be required to submit a lighting plan that conforms to the standards outlined herein at the time of commercial site plan approval, a conditional use permit, or building permit. The lighting plan and/or specifications shall show:

(a)

The type and luminous intensity of each light source and wattage (e.g. incandescent, halogen, high-pressure sodium);

(b)

The type of fixture (e.g., floodlight, full-cutoff, lantern, coach light);

(c)

Fixture location and height of all proposed and existing freestanding light fixtures;

(d)

Shielding and all mounting details;

(e)

Manufacturer cut-sheet and/or specification materials with scaled drawings or photographs including initial lumen rating, color rendering index, and wattage of each lamp;

(f)

Any other information deemed necessary by the Community Development Department to document compliance with the provisions of this Section.[3]

[3]

Note — See attachment 3 to this chapter for unacceptable and acceptable lighting examples.

Access, Trash, Off-Street Parking And Loading Requirements.

(1)

Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

(2)

Lighting for the parking area shall be located to safely light the area while keeping the light from trespassing off onto adjacent property. Light standards shall be no higher than twenty (20) feet from the finished grade and the light source must be recessed or covered so that there is no bare bulb showing. (See Lighting Standards above.)

(3)

Trash receptacles shall be located on-site, out of the path of vehicular and pedestrian circulation, and screened by a sight-proof fence that matches the material of the primary building. When a commercial site is adjacent to residential, the trash receptacle shall not be located adjacent to the residential.

(4)

Except as otherwise provided in this Subsection, the requirements for off-street parking shall be implemented with regard to the minimum dimensions in the following table:

Parking Dimensions Table
A	B	C	D	E	F	G
45°	10.0'	20.5'	12.5'	14.2'	53.5'	46.5'
60°	10.0'	21.0'	17.5'	11.5'	60.5'	55.5'
90°	10.0'	19.0'	24.0'	10.0'	62.0'	—

A	=	parking angle
B	=	stall width
C	=	stall to curb
D*	=	aisle width
E	=	curb length per car
F	=	curb to curb
G	=	center to center width of double row with aisle between
*	Additional width may be required where the aisle serves as the principal means of access to on-site buildings or structures.

(5)

Parking shall comply with the current Americans with Disabilities Act.

(6)

(7)

A stall dimension of nine (9) feet by eighteen (18) feet or equivalent may be utilized for off-street parking stalls provided in excess of the minimum requirements as set forth in this Subsection when designated for compact car use.

(8)

On-site parallel parking stalls shall be ten (10) feet by twenty-two (22) feet adjacent to a twenty-four (24) foot two-way lane or fifteen (15) foot one-way lane.

(9)

All parking and loading areas, including driveways, shall be paved. Parking areas must be striped in accordance with the dimensions specified in the above table.

(10)

All areas for off-street parking and loading shall be so arranged that vehicles at no time shall be required to back into any street or roadway to gain access thereto, except for cross access easements on the individual lots.

(11)

Off-street parking areas shall provide ingress and egress to any public right-of-way only at such location as approved by the Community Development Director.

(12)

(13)

(14)

No off-street parking space required under this Section shall be used for any other purpose except that all seasonal sales areas that use designated parking areas shall not utilize more than ten percent (10%) of the required parking spaces for that property.

(15)

Where an addition is made to an existing use that does not comply with the parking requirements cited for such use, additional parking should be provided in proportion to the addition. However, if it is not feasible and so proven by the applicant and accepted by the Planning Commission, the use may locate in the location.

(16)

(17)

Parking Space Requirements
Use	Number of Parking Spaces
Apartment	2 per dwelling unit
Auditoriums, theaters, meeting rooms and places for public assembly	1 per 4 seats or 1 for every 50 square feet of gross floor area when there is no fixed seating
Assembly	No fixed seating
Auto parts store	3 1/3 per 1,000 square feet of gross floor area
Auto sales	3 1/3 per 1,000 square feet of gross floor area of sales and showroom area, 3 spaces for every service bay in repair garage areas, and 1 space for every vehicle used in the operation of this use or stored on the premises
Barber and beauty shops	2 per chair
Bookstores and card shops	4 1/2 per 1,000 square feet of gross floor area
Car wash, except self-service	Reservoir (line-up) parking equal to 5 times the capacity of the car wash
Car wash, self-service	Line-up area for each wash stall of sufficient size to accommodate 4 cars
Children's amusement parks	1 square feet for each square foot of public activity area
Churches	1 per 4 seats in the main auditorium
Cigar/newspaper stands	3 1/3 spaces per 1,000 square feet of gross floor area
Clubs and lodges	1 per 4 seats or 1 per 3 members
Commercial center/mixed uses	5 per 1,000 gross floor area. This includes strip malls
Commercial service facilities and retail sales	4 1/2 per 1,000 square feet of gross floor area
Commercial or trade school	1 per 3 students plus 1 per employee
Commercial vegetable and flower gardening, plant nurseries and greenhouses	2 per 3 employees on the maximum shift, 1 per vehicle customarily used in the operation of the use or stored on the premises, plus 4 per 1,000 square feet of gross floor area of salesroom
Day care centers	1 per 6 children; a safe pedestrian walkway system as approved by the Planning Commission shall be provided through parking areas to the building entrance, with a safety zone a minimum of 15 feet in width between parking spaces in front of the building entrance shall be provided in addition to standard driveway and parking requirements.
Equipment sales, service, rental and repair	3 1/3 per 1,000 square feet of gross floor area
Filling stations	1 per employee on the maximum shift
Financial and similar institutions	4 per 1,000 square feet of gross floor area
Financial and similar institutions, drive-up facilities	Reservoir (line-up) parking equal to 5 times the capacity of the facility
Fishing tackle and bait shops	4 per 1,000 square feet of gross floor area
Fire stations	1 per employee on the maximum shift
Food markets, 5,000 square feet gross floor area and over	4 1/2 per 1,000 square feet of gross floor area
Food markets, under 5,000 square feet gross floor area (convenience store)	3 1/3 per 1,000 square feet of gross floor area
Furniture store, retail	3 per 1,000 square feet of gross floor area
General offices	4 per 1,000 square feet of gross floor area
Home improvement centers	4 1/2 per 1,000 square feet of gross floor area
Laundries and dry cleaning pickup	4 per 1,000 square feet of gross floor area
Libraries' reading rooms	5 per 1,000 square feet of gross floor area, 1 per 6 seats in an accessory auditorium and 2 per 3 employees on the maximum shift
Lodging Establishments	1 per sleeping unit, 2 per 3 employees on the maximum shift, plus 1 for every vehicle customarily used in the operation of the use or stored on the premises
Mail order sales	1 per employee plus 1 for every vehicle customarily used in operation of the use or stored on the premises
Medical or dental office or clinic	5 per 1,000 square feet of gross floor area
Mortuaries	1 per 5 seats, 10 space minimum
Police stations	2 per 3 employees on the maximum shift, plus 1 per vehicle customarily used in the operation of the use or stored on the premises
Postal stations	4 per customer service station, 2 per 3 employees on the maximum shift, plus 1 per vehicle customarily used in the operation of the use or stored on the premises
Private clubs	1 per 3 members
Public buildings	1 per employees plus 1 per 4 seats in assembly halls
Public utility facilities	1 per employee
Recreational uses	1 per 3 patrons plus 1 per employee
Repair services	3 1/2 per 1,000 square feet of gross floor area
Restaurants, bars, cocktail lounges	1 per 3 seats plus 2 per 3 employees on the maximum shift
Restaurants, fast-food	1 per 2 seats plus 2 per 3 employees on the maximum shift, plus reservoir (line-up) parking equal to 6 times the capacity of drive-through facilities
Small loan businesses	4 per 1,000 square feet of gross floor area
Veterinary clinics and hospitals	4 per doctor plus 1 per additional employee

(18)

Specific Prohibitions. Metal used as the primary exterior building material. Metal may be used as an architectural element.

"C-3" Commercial District.

The "C-3" Commercial District of the City of Arnold encompasses areas wherein may be located such stores and service facilities as will provide a wide range of those goods and services usually used, consumed or needed in the home or by individuals. Within this district, it shall be the purpose of these regulations to facilitate the establishment of conditions suitable for the operating of business catering to the general public. This Subsection contains the district regulations of the "C-3" Commercial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter, which are incorporated as part of this Subsection by reference.

Permitted Land Uses And Developments.

(1)

Stores; shops; service facilities, including automatic vending facilities; markets; offices; recreational facilities; and associated work and storage area required to carry on business operations in which goods and services of any kind are offered for sale or hire to the general public on the premises.

(2)

Public and private libraries.

(3)

Churches.

(4)

Mortuaries.

(5)

Fire stations, postal stations, police stations, and office buildings for governmental agencies.

(6)

Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing or walls, or any combination thereof, or shall be placed underground, or shall be enclosed in a structure in such a manner as to blend with and complement the character of the surrounding area. All plans for screening said facilities shall be submitted to the Planning Commission for review. No building permit or installation permit shall be issued until the Planning Commission has approved said plans.

(7)

Municipal buildings.

(8)

Financial institutions.

(9)

Restaurant.

(10)

Auditoriums and theaters.

(11)

Lodging Establishments and customary services for guests offered by the Lodging Establishment.

(12)

Fireworks stands.

[Ord. No. 14.548 (2787), 5-6-2021]

Conditional land use and development permits issued by the Commission under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter:

(1)

Apartment units in buildings designed for and occupied primarily for commercial purposes, when open areas for exclusive use of occupants of such apartments, protectively screened from commercial activities, are provided on the premises in a ratio of at least one (1) square foot of open area for each two (2) square feet of floor area contained in all apartment dwelling units.

(2)

Clinics.

(3)

(Reserved)[4]

[4]

Editor's Note: Former conditional use, Fast-food restaurants, was repealed 3-5-2020 by Ord. No. 14.543 (Bill No. 2765).

(4)

Auto filling stations.

(5)

Auto repair shops.

(6)

Hospitals.

(7)

Children's amusement parks.

(8)

Animal hospitals and clinics; excluding open kennels and exercise yards.

(9)

Sewage treatment facilities.

(10)

All public utility facilities.

(11)

Residential or outpatient facilities for the treatment of alcohol and other drug abuse. Residential or outpatient facilities for the treatment of alcohol and other drug abuse shall be limited to ten (10) residents. The use of the facility for a residential or outpatient facility for the treatment of alcohol and other drug abuse shall not be transferable upon the change of property ownership. The residential use of a property used as a residential or outpatient facility for the treatment of alcohol and other drug abuse shall not be transferable to the property after the termination of the residential or outpatient facility for the treatment of alcohol and other drug abuse.

(12)

Radio, television, and telecommunication transmission or relay towers and facilities, provided that any installation shall provide a fifteen-foot buffer, a minimum separation between towers shall be one thousand five hundred (1,500) feet, the maximum height shall be one hundred ninety-nine (199) feet. Each owner shall provide multiple carriers or co-users and each user shall demonstrate that all usable space on the existing towers are occupied. A dual lighting system as identified by FAA regulations shall be required on these towers.

(13)

Adult businesses shall provide a separation of a distance not less than one thousand five hundred (1,500) feet from any property occupied by a public or private school, day care center, church or place of worship, hospital, public park, any property used for residential purposes, or other adult business. This distance shall be measured by a straight line from the nearest points on the property boundaries of the tract occupied by the adult business to the nearest point on the property boundary of the tract occupied by one (1) of the aforementioned uses.

(14)

Clubs and lodges.

(15)

Non-hazardous research laboratory.

(16)

Kennels.

(17)

Temporary structures constructed and placed on an individual parcel for thirty-one (31) or more days, whether cumulative or consecutively, per twelve-month period.

(18)

Car sales. (See Section 405.150(A))

(19)

Pay day and title loan businesses.

(a)

New Businesses. Only one (1) pay day/title loan business per five thousand (5,000) residents over the age of eighteen (18) years based on the current ten-year census figures.

(b)

Existing Businesses Proposing To Relocate.

(i)

(ii)

No pay day/title loan business may locate within five hundred (500) feet, primary entrance to primary entrance, of a property used or zoned for residential or educational purposes.

(20)

Public or private kindergarten, elementary, secondary and collegiate schools.

(21)

Nursery schools and day nurseries.

(22)

Public and private not-for-profit parks, parkways, and playgrounds.

(23)

Vocational, trade, technical schools and colleges.

(24)

Automotive parking lots and garages, including any storage of wrecked or otherwise damaged and immobilized automotive vehicles under the following provisions:

(a)

The maximum time an abandoned/damaged vehicle can be stored on a parking lot is sixty (60) days.

(b)

Screening shall be provided for vehicles having to be stored over ten (10) days.

(c)

All used/discarded parts shall be stored in an enclosed and screened area, said storage shall be located on the side or at the rear of the building.

(d)

No vehicles shall be stored in a screened area over a ninety-day period.

(e)

A record/log shall be maintained by the business owner for all vehicles which are being stored.

(25)

Bar/cocktail lounge.

(26)

Consumer installment/small loan businesses.

New Businesses.

No consumer installment/small loan business may locate within five hundred (500) feet, primary entrance to primary entrance, of a property used or zoned for residential or educational purposes.

(b)

Existing Businesses Proposing To Relocate.

(i)

(ii)

No consumer installment/small loan business may locate within five hundred (500) feet, primary entrance to primary entrance, of a property used or zoned for residential or educational purposes.

(27)

Extended Stay Lodging Establishment, including accessory dining rooms, lounges, meeting rooms and retail shops, provided that:

(a)

There shall be a minimum lot area of two and one-half (2 1/2) acres;

(b)

The maximum area developed with buildings, off-street parking and loading areas and recreational facilities shall not exceed sixty percent (60%) of the lot area; and

(c)

There shall be a minimum of fifty (50) foot green space adjacent on interior lot lines to property in any "R" District or occupied by dwelling units or manufactured home parks which green space shall be bermed and landscaped so as to afford a visual screen between the lodging establishment development and the lot line.

[Ord. No. 14.562 (Bill No. 2848), 1-19-2023]

(28)

Tobacco, Nicotine, and Other Legal Substance Establishment (See Section 405.150(A)).

(29)

Medical Marijuana Dispensary Facilities (See Section 405.150(A)).

(30)

Motor vehicle-oriented establishment (MVOE).

(31)

Outdoor activities.

(32)

Frozen treat stand, seasonal.

[Ord. No. 14.550 (2790), 5-20-2021]

(33)

Outdoor entertainment facilities.

[Ord. No. 14.550 (2790), 5-20-2021]

(34)

Amusement center/arcade.

[Ord. No. 14.560 (2834), 8-4-2022]

(35)

Motor vehicle rental establishment.

[Ord. No. 14.560 (2834), 8-4-2022]

(36)

Comprehensive marijuana dispensary facilities [See Section 405.150(A)].

[Ord. No. 14.563 (Bill No. 2849, 1-19-2023]

(37)

Microbusiness dispensary facilities [See Section 405.150(A)].

[Ord. No. 14.563 (Bill No. 2849, 1-19-2023]

Special Requirements For Conditional Use. Any rezoning, planned development permit and/or conditional use permit request for property along an existing street shall provide additional right-of-way and overall street improvements as necessary to meet the width requirements set forth in the subdivision ordinance. When the property is located on only one (1) side of an existing street or road, one-half (1/2) of the required right-of-way width and street improvements shall be provided, measured from the centerline of the right-of-way as originally established.

Height Limitations For Structures.

(1)

Unless otherwise restricted by application of regulations in Section 405.050(B) of this Chapter, the total height of any structure shall not exceed fifty (50) feet above the average finished ground elevation at the perimeter of such structure. The total height may exceed the fifty-foot limit if authorized by a conditional use permit including public utility towers.

(2)

Exceptions To Height Regulations. The height limitations contained in this Section and the Schedule of District Regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(3)

Lot Dimension, Lot Area, And Yard Requirements.

(1)

Lot Dimensions.

(a)

Every lot or tract of land shall have a width, measured along a straight line as nearly parallel as possible to the centerline of the frontage road and averaging sixty (60) feet distance therefrom, of not less than fifty (50) feet.

(2)

Lot Coverage.

(a)

(3)

Erection Of More Than One Principal Structure On A Lot.

(a)

In any district, more than one (1) structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this Chapter shall be met for each structure as though it were on an individual lot.

(4)

Lot Area Requirements.

(a)

Deleted.

(b)

Hospitals shall be situated on tracts of land at least five (5) acres in area.

(c)

Residential or outpatient facilities for the treatment of alcohol and other drug abuse shall be situated on tracts of land at least one (1) acre in area. The maximum coverage for building area of a lot shall be twenty percent (20%) of the total lot area.

(d)

Radio, television, and telecommunication transmissions or relay towers and facilities shall be located on tracts of land providing at least fifteen thousand (15,000) square feet.

(e)

Schools/educational facilities:

Type of School	Minimum Acreage
Nursery or day nursery	21,780 square feet
Kindergarten (separate)	1 acre
Primary	5 acres
Junior High	10 acres
Senior High	20 acres
Collegiate	10 acres

(f)

Specialized private schools may be permitted under a conditional use permit providing that they be located on a tract of land containing one (1) acre for each fifteen (15) pupils or fraction thereof, but in no case less than five (5) acres. Further, no buildings or activity areas should be located closer than the allowable setback from the property line.

(5)

Setback Requirements.

(a)

To encourage parking behind the structure, a structure may be located within twenty (20) feet of the front property line provided all parking is at least six (6) feet behind the building.

Roof Eaves. Roof eaves, gutters, cantilevered decks or balconies shall not project more than three (3) feet beyond the face of the wall.

(ii)

Steps And Architectural Features. Steps, window sills, belt courses, quoins, keystones, entablatures, rain leaders, cantilevered chimneys, and similar architectural features shall not project more than six (6) feet beyond the face of the wall, cantilevered bay windows shall not be included.

(iii)

Exterior Stairways And Fire Escapes. Outside stairways, smoke-proof towers, balconies, fire escapes or other required elements of a means of egress, and ramps not exceeding thirty (30) inches above finish grade, exclusive of required Americans with Disabilities requirements, shall not project more than four (4) feet beyond the face of the wall.

(f)

No structure shall be erected within fifteen (15) feet of a property line adjoining property in an "R" Residence District.

(g)

Erection Of More Than One (1) Principal Structure On A Lot. In any district, more than one (1) structure housing a permitted or permissible principal use may be erected on a single lot, if yard and other requirements of this Chapter shall be met for each structure as though it were on an individual lot.

(h)

(i)

Natural Vegetation.

Minimum species mixture	100% coniferous
Minimum species height	6 feet
Minimum species spacing	6 feet on center

(ii)

Should the Planning Commission find a fence is needed in addition to the landscape buffer, the following requirements shall be met:

Minimum height	6 feet
Sightproofing	Privacy fence consisting of vinyl or wood or other materials approved by the Planning Commission

(iii)

(iv)

All buffering shall be established prior to the issuance of an occupancy permit.

(6)

Open Space/Landscape Plant Material Areas.

(a)

The required fifteen percent (15%) open space for landscape plant material (not including any buffer strip) and any other part of a lot area not used for buildings or other structures or for parking, loading, or accessways shall be landscaped as required below:

Minimum caliper for deciduous trees:	3 inches (measured from 6 inches above the ground/finished grade). See below list of preferred trees
Minimum height for coniferous trees:	6 feet Minimum size shrub: 5 gallon
Tree mix:	Minimum of 25% evergreen coniferous trees and maximum of 40% of one tree species.
Amount of plant material:	Minimum of 4 deciduous canopy trees per 10 parking spaces
	6 shrubs per 20 linear feet of perimeter building face, all sides

(b)

Seventy-five percent (75%) of the trees must be placed within the parking area or surrounding the parking area. All parking spaces shall be within sixty (60) feet of a deciduous canopy tree.

(c)

Landscape plant material should be installed in clusters to create a substantial form of landscaping.

(d)

Automatic irrigation is required for all landscape plant material areas.

(e)

(f)

All other areas not planted shall be covered with native grasses, a drought-resistant grass or sod that provides full coverage.

(g)

The Leadership in Energy and Environmental Design (L.E.E.D.) certified landscape provision of no irrigation or use of potable water will be allowed as a replacement of item (d) above.

(h)

List of allowed trees (others will be considered if proven to be viable in the urban environment):

Large Canopy Trees (mature height of thirty-five (35) feet or greater) for Parking Lot Shade and Street Tree Planting
Baldcypress	Sugar Maple
Allee Elm	Northern Red Oak
Ginkgo (male only)	Pin Oak
Black Gum	Sawtooth Oak
Common Hackberry	Shumard Oak
Shademaster Honeylocust	White Oak
Skyline Honeylocust	Sugar Hackberry
American Linden	Tuliptree
October Glory Red Maple	Green Vase Zelkova
Red Sunset Maple

Large Canopy Trees (mature height of thirty-five (35) feet or greater) for Open Space (also includes trees listed for Parking Lot Shade and Street Tree Planting)
European Alder	Littleaf Linden
Heritage River Birch	Pecan
Kentucky Coffee tree	Sassafras
Shagbark Hickory	Sweet Gum
Redmond Linden

Small Trees (mature height of thirty-five (35) feet or less) for Street Tree Planting Under Power Lines
Golden raintree
Thornless Cockspur Hawthorn
Eastern Redbud

Small Trees (mature height of thirty-five (35) feet or less) for Open Space and for Accent
Eastern Redbud	Kousa Dogwood
Sargent Cherry	Magnolia
Crabapple	American Yellow wood
Cornelian Cherry Dogwood	Sourwood
Flowering Dogwood

Large Evergreen Trees (mature height of twenty-five (25) feet or greater) for Open Space and Accent
American Holly	Colorado Spruce
Eastern White Pine	Norway Spruce
Red Pine	Serbian Spruce
Eastern Red Cedar

Small Evergreen Trees (mature height of twenty-five (25) feet or less) for Buffers, Screening, Open Space and Accent
Emerald Arborvitae	Gray Gleam Juniper
Nigra Arborvitae	Spartan Juniper
Techny Arborvitae	Wichita Blue Juniper
Canaert Juniper	Hicks Yew

Evergreen Shrubs for Screening and Buffers
Wintergreen Barberry	Green Mountain Boxwood
Wintergreen Boxwood	Sea Green Juniper
Armstrong Juniper	Mint Julep Juniper

Other trees and shrubs may be considered if they are proven conducive for an urban environment.

(i)

Plant Material Not Allowed For Use In City Rights-Of-Way, Plantings Adjacent To City Rights-Of-Way, And Required Planting Areas. The City of Arnold does not allow the installation of the following tree and plant species for use along street rights-of-way and in or near parking lots within the City limits due to maintenance, invasiveness and safety concerns. This list is not all-inclusive. Coordinate all proposed plant species with the Community Development Director prior to submittal.

Patmore Ash	Honeysuckle
Summit Ash	Mimosa
Autumn Purple Ash	Silver Maple
Rosehill Ash	Pear Tree Species
American Elm	Persimmon
Black Locust	Lombardy Poplar
Boxelder	Mulberry
Catalpa Tree	White Poplar
Cottonwood	Sycamore
Ginkgo (female species)	Tree-of-Heaven

(j)

List Of Allowed Native Shrubs. (Others, including improved cultivars and varieties, will be considered if proven to be viable for its intended planting location.)

Allowed Native Shrubs
Botanical Name	Common Name
Amelanchier alnifolia	Serviceberry
Amorpha canescens	Lead Plant
Aronia arbutifolia	Chokeberry
Aronia melanocarpa	Black Chokeberry
Callicarpa americana	American Beautyberry
Ceanothus americanus	New Jersey Tea
Cornus racemosa	Grey Dogwood
Corylus americana	American Hazelnut, American Filbert
Dirca palustris	Leatherwood
Hibiscus lasiocarpos	Rose Mallow
Hydrangea arborescens	Smooth Hydrangea
Hypericum hypericoides	St. Andrew Cross
Hypericum prolificum	Shrubby St. John's Wort
Ilex decidua	Possumhaw
Ilex verticillata	Winterberry
Itea virginica	Virginia Sweetspire
Physocarpus opulifolius	Ninebark
Rhododendron prinophyllum	Roseshell Azalea
Ribes missouriense	Missouri Gooseberry
Ribes odoratum	Clove Currant
Rosa Carolina	Carolina Rose
Sambucus canadensis	American Elder, Elderberry

Allowed Native Shrubs for Screening
Botanical Name	Common Name
Alnus serrulata	Hazel Alder
Cephalanthus occidentalis	Buttonbush
Hamamelis vernalis	Ozark Witch Hazel
Lindera benzoin	Spicebush
Quercus prinoides	Dwarf Chestnut Oak
Rhamnus caroliniana	Indian Cherry
Rhus copallinum	Winged/Flameleaf Sumac
Rhus glabra	Smooth Sumac
Rubus allegheniensis	Blackberry
Salix humilis	Prairie Willow
Staphylea trifolia	Bladdernut
Symphoricarpos orbiculatus	Coralberry
Viburnum dentatum	Arrowwood Viburnum
Viburnum lentago	Nannyberry Viburnum
Viburnum prunifolium	Black Haw Viburnum

Lighting Requirements For Structures, Site, And Landscape Plant Material.

(1)

The style, color, and design of the fixtures shall be compatible with the overall design and materials for the building.

(2)

(3)

All lighting sources (including, but not limited to, street, parking lot, security, walkway and building) shall be downcast and fully shielded with the following exceptions:

(a)

Holiday lighting.

(b)

All temporary emergency lighting needed by the Fire and Police Departments, or other emergency agencies.

(4)

COMPLIANT FLOODLIGHT ANGLE

(5)

(6)

All exterior light fixtures (including, but not limited to, mounted on the building, used for a sign or freestanding) shall comply with the following regulations:

(a)

The bulb of the fixture is not visible;

(b)

The fixture is opaque utilizing frosted, opalescent, or iridescent glass; and

(c)

The output is shielded through the architecture of the structure and does not cause glare or light trespass beyond the property.

(7)

Temporary (two (2) days or less) high intensity discharge floodlighting may be used for sports lighting and City-sponsored events provided that the lighting be turned off no later than one (1) hour after the event is concluded. The fixtures must be aimed so that their beams are directed and fall within the primary playing or performance area.

(8)

(9)

(a)

The type and luminous intensity of each light source and wattage (e.g., incandescent, halogen, high-pressure sodium);

(b)

The type of fixture (e.g. floodlight, full-cutoff, lantern, coach light);

(c)

Fixture location and height of all proposed and existing freestanding light fixtures;

(d)

Shielding and all mounting details;

(e)

Manufacturer cut-sheet and/or specification materials with scaled drawings or photographs including: initial lumen rating, color rendering index, and wattage of each lamp;

(f)

Any other information deemed necessary by the Community Development Department to document compliance with the provisions of this Section.[5]

[5]

Note — See attachment 3 to this chapter for unacceptable and acceptable lighting examples.

Access, Trash, Off-Street Parking And Loading Requirements.

(1)

(2)

Every development shall provide for safe pedestrian circulation that removes them from the vehicular traffic. This includes providing sidewalks internally through the site and connecting to and along abutting right-of-way and/or interior access drives. This can include the below example, raised pedestrian walks through the parking lots, or similar technique in order to separate pedestrian and vehicular traffic.


Example of required pedestrian pathway in parking lot.

(3)

Lighting for the parking area shall be located to safely light the area while keeping the light from trespassing off onto adjacent property. Light standards shall be no higher then twenty (20) feet from the finished grade and the light source must be recessed or covered so that there is no bare bulb showing. (See Lighting Standards above.)

(4)

Light poles at the end of parking rows must be properly protected.

(5)

(6)

Except as otherwise provided in this Subsection, the requirements for off-street parking shall be implemented with regard to the minimum dimensions in the following table:

Parking Dimensions Table (in feet)
A	B	C	D	E	F	G
45°	10.0'	20.5'	12.5'	14.2'	53.5'	46.5'
60°	10.0'	21.0'	17.5'	11.5'	60.5'	55.5'
90°	10.0'	19.0'	24.0'	10.0'	62.0'	—

A	=	parking angle
B	=	stall width
C	=	stall to curb
D*	=	aisle width
E	=	curb length per car
F	=	curb to curb
G	=	center to center width of double row with aisle between
*	Additional width may be required where the aisle serves as the principal means of access to on-site buildings or structures.

(7)

Parking shall comply with the current Americans with Disabilities Act.

(8)

(9)

(10)

On-site parallel parking stalls shall be ten (10) feet by twenty-two (22) feet adjacent to a twenty-four (24) feet two-way lane or fifteen (15) feet one-way lane.

(11)

All parking and loading areas, including driveways, shall be paved. Parking areas must be striped in accordance with the dimensions specified in the above table.

(12)

(13)

Off-street parking areas shall provide ingress and egress to any public right-of-way only at such location as approved by the Community Development Director.

Joint or remote parking areas provided in accordance with this paragraph shall be comprised of a minimum of twenty (20) stalls.

(21)

The minimum number of parking spaces provided on the same premises shall be as designated by use in the following table:

Parking Space Requirements
Use	Number of Parking Spaces
Apartment	2 per dwelling unit
Auditoriums, theaters, meeting rooms and places for public assembly	1 per 4 seats or 1 for every 50 square feet of gross floor area when there is no fixed seating
Auto parts store	3 1/3 per 1,000 square feet of gross floor area
Auto repair, general	1 space for every employee on the maximum shift, plus 3 spaces for every service bay, plus 1 space for every vehicle customarily used in operation of the use
Automotive repair, body and paint	4 spaces plus 1 space for every employee on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use, all exclusive of screened outdoor storage areas as otherwise authorized by CUP
Auto sales	3 1/3 per 1,000 square feet of gross floor area of sales and showroom area, 3 spaces for every service bay in repair garage areas, and 1 space for every vehicle used in the operation of this use or stored on the premises
Barber and beauty shops	2 per chair
Bookstores and card shops	4 1/2 per 1,000 square feet of gross floor area
Car wash, except self-service	Reservoir (line-up) parking equal to 5 times the capacity of the car wash
Car wash, self-service	Line-up area for each wash stall of sufficient size to accommodate 4 cars
Children's amusement parks	1 square feet for each square feet of public activity area
Churches	1 per 4 seats in the main auditorium
Cigar/newspaper stands	3 1/3 spaces per 1,000 square feet of gross floor area
Clubs and lodges	1 per 4 seats or 1 per 3 members
Commercial center/mixed uses	5 per 1,000 gross floor area. This includes strip malls
Commercial service facilities and retail sales	4 1/2 per 1,000 square feet of gross floor area
Commercial or trade school	1 per 3 students plus 1 per employee
Commercial vegetable and flower gardening, plant nurseries and greenhouses	2 per 3 employees on the maximum shift, 1 per vehicle customarily used in the operation of the use or stored on the premises, plus 4 per 1,000 square feet of gross floor area of salesroom
Day care centers	1 per 6 children; a safe pedestrian walkway system as approved by the Planning Commission shall be provided through parking areas to the building entrance, with a safety zone a minimum of 15 feet in width between parking spaces in front of the building entrance shall be provided in addition to standard driveway and parking requirements.
Equipment sales, service, rental and repair	3 1/3 per 1,000 square feet of gross floor area
Filling stations	1 per employee on the maximum shift
Financial and similar institutions	4 per 1,000 square feet of gross floor area
Financial and similar institutions, drive-up facilities	Reservoir (line-up) parking equal to 5 times the capacity of the facility
Fishing tackle and bait shops	4 per 1,000 square feet of gross floor area
Fire stations	1 per employee on the maximum shift
Food markets, 5,000 square feet gross floor area and over	4 1/2 per 1,000 square feet of gross floor area
Food markets, under 5,000 square feet gross floor area (convenience store)	3 1/3 per 1,000 square feet of gross floor area
Furniture store, retail	3 per 1,000 square feet of gross floor area
General offices	4 per 1,000 square feet of gross floor area
Home improvement centers	4 1/2 per 1,000 square feet of gross floor area
Laundries and dry cleaning pickup	4 per 1,000 square feet of gross floor area
Libraries' reading rooms	5 per 1,000 square feet of gross floor area, 1 per 6 seats in an accessory auditorium and 2 per 3 employees on the maximum shift
Lodging Establishments	1 per sleeping unit, 2 per 3 employees on the maximum shift, plus 1 for every vehicle customarily used in the operation of the use or stored on the premises
Mail order sales	1 per employee plus 1 for every vehicle customarily used in operation of the use or stored on the premises
Medical or dental office or clinic	5 per 1,000 square feet of gross floor area
Mortuaries	1 per 5 seats, 10 space minimum
Police stations	2 per 3 employees on the maximum shift, plus 1 per vehicle customarily used in the operation of the use or stored on the premises
Postal stations	4 per customer service station, 2 per 3 employees on the maximum shift, plus 1 per vehicle customarily used in the operation of the use or stored on the premises
Private clubs	1 per 3 members
Public buildings	1 per employee plus 1 per 4 seats in assembly halls
Public utility facilities	1 per employee
Recreational uses	1 per 3 patrons plus 1 per employee
Repair services	3 1/2 per 1,000 square feet of gross floor area
Restaurants, bars, cocktail lounges	1 per 3 seats plus 2 per 3 employees on the maximum shift
Restaurants, fast-food	1 per 2 seats plus 2 per 3 employees on the maximum shift, plus reservoir (line-up) parking equal to 6 times the capacity of drive-through facilities
Small loan businesses	4 per 1,000 square feet of gross floor area
Veterinary clinics and hospitals	4 per doctor plus 1 per additional employee

(22)

Specific Prohibitions. Metal used as the primary exterior building material. Metal may be used as an architectural element.

Section 405.130 Industrial Districts.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]

"M-1" Industrial District.

The "M-1" Industrial District of the City of Arnold encompasses industrial areas wherein may be achieved a satisfactory correlation of factors such as adequate transportation facilities, accessibility to dwelling areas, efficient land assembly, adequate topographic conditions, and adequate provision of public utility live facilities required by industry. Within this district, it is the purpose of these regulations to facilitate the establishment of industrial areas so that economic production, distribution and sale of goods manufactured in the community are not placed at a disadvantage with respect to regional and national competition. This Subsection contains the district regulations of the "M-1" Industrial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Subsection by reference.

Permitted Land Uses And Developments.

(1)

Manufacturing or fabrication of any commodity from semi-finished materials, except explosives or flammable gases or liquids.

(2)

Warehousing, or wholesaling of manufactured goods, except that live animals, explosives or flammable gases or liquids shall require a conditional use permit issued by the Planning Commission.

(3)

Laundries and dry cleaning plants, not including personal and individual drop-off and pickup service.

(4)

All public utility facilities.

(5)

Mobile food vehicles.

[Ord. No. 14.550 (2790), 5-20-2021]

(6)

Police, fire and postal stations.

Deleted.

Deleted.

Deleted.

Deleted.

Public or private offices or office buildings.

(12)

Gymnasiums, indoor swimming pools, indoor public or private handball and racquetball courts, and indoor and unlighted outdoor public or private tennis courts.

(13)

Churches.

(14)

Municipal buildings and government agencies.

(15)

Medical Marijuana Entities, except dispensaries (See Section 405.150(A)).

(16)

Restaurant.

(17)

Financial institution.

(18)

Pharmacy.

(19)

Laundry or dry cleaning pickup station or self-service laundry or dry cleaning facility.

(20)

Fireworks stands.

[Ord. No. 14.548 (2787), 5-6-2021]

(21)

Motor vehicle rental establishment.

[Ord. No. 14.560 (2834), 8-4-2022]

(22)

Heavy vehicle rental establishment.

[Ord. No. 14.560 (2834), 8-4-2022]

(23)

Marijuana facilities, except dispensaries [See Section 405.150(A)].

[Ord. No. 14.563 (Bill No. 2849, 1-19-2023]

Conditional land use and development permits issued by the Commission, under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter:

(1)

Radio, television, and telecommunication transmission or relay towers and facilities, provided that any installation shall provide a fifteen-foot buffer, a minimum separation between towers shall be fifteen hundred (1,500) feet, the maximum height shall be one hundred ninety-nine (199) feet. Each tower shall provide multiple carriers or co-users and each user shall demonstrate that all usable space on the existing towers are occupied. A dual lighting system as identified by FAA regulations shall be required on these towers.

(2)

(Reserved)[1]

[1]

Editor's Note: Former conditional use, Restaurants, was repealed 3-5-2020 by Ord. No. 14.543 (Bill No. 2765). See now Subsection (A)(1)(a), Restaurant, permitted uses, above.

(3)

Filling stations.

(4)

Manufacturing of explosives and flammable gases and liquids.

(5)

Warehousing, storage, or wholesaling of live animals, explosives, or flammable gases and liquids.

(6)

Airports, landing strips and heliports.

(7)

Sewage treatment facilities.

(8)

Research laboratories and facilities.

(9)

Truck, fire, rail and watercraft terminals.

(10)

Railroad switching yards.

(11)

Mini storage buildings.

(12)

Temporary structures constructed and placed on an individual parcel for thirty-one (31) or more days, whether cumulative or consecutively, per twelve-month period.

(13)

Athletic fields and golf courses.

(14)

Car sales. (See Section 405.150(A))

(15)

Clinic.

(16)

Motor vehicle-oriented establishment (MVOE).

(17)

Outdoor activities.

Height Limitations For Structures.

(1)

Unless otherwise restricted by application of regulations in Section 405.050(B) of this Chapter, the total height of any structure shall not exceed fifty (50) feet above the average finished ground elevation at the perimeter of such structure; except that radio, television, public utility and communication towers may be erected to any height not in conflict with the application of the limits of Section 405.050(B).

Performance Standards.

(1)

All uses in the "M-1" Industrial District shall operate in conformity with the appropriate performance standards contained in Section 405.150(B).

Lot Area, Open Area, And Yard Requirements.

(1)

There shall be no minimum lot area requirements in this district.

(2)

Not more than forty percent (40%) of the lot containing any use permitted in this district may be used for open storage of raw material, finished goods, or any other material.

(3)

No structure, other than a permitted directional or information sign, or boundary walls or fences, higher than six (6) feet in height, shall be erected within thirty (30) feet of any roadway right-of-way line. In the case of corner lots, no structure exceeding thirty-six (36) inches in height may be erected within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines. Likewise, in the case of corner lots, no plant material exceeding a height of thirty-six (36) inches above the elevation of the street pavement may be planted or maintained within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.

(4)

No structure shall be erected within fifteen (15) feet of any property line, except that no structure may be erected within twenty-five (25) feet of any property line adjoining property in a not-industrial district. Any structure exceeding thirty (30) feet in height, which adjoins property in any "PS," "AG," or "R" Residence District shall be set back from such district line an additional distance of one (1) foot for each two (2) feet in height above thirty (30) feet.

(5)

Minimum caliper for deciduous trees:	2 inches
Minimum height for coniferous trees:	6 feet
Tree mix:	Maximum of 40% of one species
Distribution:	1 tree per 10 parking spaces with 75% of those trees within the parking area
	1 foundation plant (shrub or bush) per 20 feet of street exposed wall area

(6)

A fifteen (15) foot wide buffer shall be required on any non-residential zoned property which adjoins a residential zoned property and shall be located along the adjoining property line or lines between the differently zoned properties. The buffer strip shall meet the following minimum requirements:

(a)

Natural Vegetation.

Minimum species mixture	100% coniferous
Minimum species height	6 feet
Minimum species spacing	8 feet on center

(b)

Fencing.

Minimum height	6 feet
Sightproofing	stockade/slats in cyclone style

All buffering shall be established prior to the start of construction.

(7)

Radio, television, and telecommunication transmissions or relay towers and facilities shall be located on tracts of land providing at least fifteen thousand (15,000) square feet.

Off-Street Parking And Loading Requirements.

(1)

Except as otherwise provided in this Subsection, the requirements for off-street parking shall be implemented with regard to the minimum dimensions in the following table:

Parking Dimensions Table
A	B	C	D	E	F	G
45°	10.0'	20.5'	12.5'	14.2'	53.5'	46.5'
60°	10.0'	21.0'	17.5'	11.5'	60.5'	55.5'
90°	10.0'	19.0'	24.0'	10.0'	62.0'
A	=	parking angle
B	=	stall width
C	=	stall to curb
D*	=	aisle width
E	=	curb length per car
F	=	curb to curb
G	=	center to center width of double row with aisle between
*	Additional width may be required where the aisle serves as the principal means of access to on-site buildings or structures.

(2)

Offices, laboratories, and research facilities, and uses accessory to these uses shall provide one (1) off-street parking space for every two (2) employees or one (1) space for every three hundred (300) square feet of gross floor area, plus one (1) parking space for every vehicle used in the operation of the use and normally placed on the lot containing the use.

(3)

Gymnasiums, indoor swimming pools and indoor public and private tennis, handball and racquetball courts shall provide sufficient parking spaces for employees', customers', and visitors' parking as to insure that no such vehicles need be parked on any street.

(4)

Every structure or building containing at least five thousand (5,000) feet of gross floor area shall provide off-street loading space measuring not less than ten (10) feet by sixty (60) feet and having a height, clear of all obstruction, of fourteen (14) feet according to the following schedule:

Gross Floor Area	Number of Loading Spaces
5,000 square feet to 24,000 square feet	1
24,000 square feet to 60,000 square feet	2
60,000 square feet to 96,000 square feet	3
96,000 square feet to 144,000 square feet	4
144,000 square feet to 192,000 square feet	5
192,000 square feet to 240,000 square feet	6
240,000 square feet to 294,000 square feet	7
294,000 square feet to 348,000 square feet	8
For each additional 54,000 square feet	1 additional space

(5)

Athletic fields shall have parking provided at a ratio of one hundred (100) square feet of parking to each seat provided in grandstands, but in no event shall such parking area provide for less than twenty-five (25) parking spaces.

(6)

Golf courses shall provide parking area equivalent to at least one percent (1%) of the total area of land for the golf course, except that parking area available on private roads or drives may be used to fulfill this requirement.

(7)

Parking shall comply with the current Americans with Disabilities Act.

(8)

(9)

(10)

Trash receptacles shall be located on-site, out of the path of vehicular and pedestrian circulation, and screened by a sight-proof fence that is complimentary to the material of the primary building. When a commercial site is adjacent to residential, the trash receptacle shall not be located adjacent to the residential.

Deleted.

"M-2" Industrial District.

The "M-2" Industrial District of the City of Arnold encompasses industrial area wherein may be achieved a satisfactory correlation of such factors as adequate transportation facilities, accessibility to dwelling areas, relatively efficient land assembly, adequate topographic conditions, and adequate provision of public utility facilities required by industry. Such areas may also contain certain mineral and other natural resources, and may be located and may be operated in such a manner that the extraction, processing, or both of basic or raw materials may be carried on in a manner that will not create conflict or hazard in the general community and in a manner that will protect and preserve the public health, safety, and general welfare. Within this district, it is also the purpose of these regulations to facilitate the establishment of industrial areas so that economic production and distribution of goods manufactured in the community are not placed at a disadvantage with respect to regional and national competition. This Subsection contains the district regulations of the "M-2" Industrial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Subsection by reference.

Permitted Land Uses And Developments.

Manufacturing, processing, or fabrication of any commodity, except:

(1)

Facilities producing or processing explosives or flammable gases or liquids;

(2)

Facilities for animal slaughtering, meat packing or rendering;

(3)

Sulphur plants, rubber reclamation plants, or cement plants; and

(4)

Steel mills, foundries, or smelters.

Warehousing or wholesaling of manufactured goods, except that live animals, explosives, or flammable gases or liquids shall require a conditional use permit issued by the Planning Commission.

All public utility facilities.

Police, fire, and postal stations.

Mobile food vehicles.

[Ord. No. 14.550 (2790), 5-20-2021]

Truck, bus, rail, and watercraft terminals.

Railroad switching yards.

Research laboratories and facilities.

Incinerators.

Gymnasiums, indoor swimming pools, indoor public or private handball and racquetball courts, and indoor and unlighted outdoor public or private tennis courts.

Churches.

Municipal buildings and government agencies.

Medical Marijuana Entities, except dispensaries (See Section 405.150(A)).

Restaurant.

Financial institution.

Pharmacy.

Laundry or dry cleaning pickup station or self-service laundry or dry cleaning facility.

Fireworks stands.

[Ord. No. 14.548 (2787), 5-6-2021]

Motor vehicle rental establishment.

[Ord. No. 14.560 (2834), 8-4-2022]

Heavy vehicle rental establishment.

[Ord. No. 14.560 (2834), 8-4-2022]

Marijuana facilities, except dispensaries [See Section 405.150(A)].

[Ord. No. 14.563 (Bill No. 2849, 1-19-2023]

Conditional land use and development permits issued by the Commission under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter:

Radio, television, and telecommunication transmission or relay towers and facilities, provided that any installation shall provide a fifteen-foot buffer, a minimum separation between towers shall be fifteen hundred (1,500) feet, the maximum height shall be one hundred ninety-nine (199) feet. Each tower shall provide multiple carriers or co-users and each user shall demonstrate that all usable space on the existing towers are occupied. A dual lighting system as identified by FAA regulations shall be required on these towers.

(Reserved)[2]

[2]

Editor's Note: Former conditional use, Restaurants, was repealed 3-5-2020 by Ord. No. 14.543 (Bill No. 2765). See now Subsection (B)(2), Restaurant, permitted uses, above.

Filling stations.

Animal slaughtering, meat packing or rendering.

Sulphur, cement or rubber reclamation plants.

Steel mills, foundries, or smelters.

Manufacturing, processing, and fabrication of flammable gases and liquids and explosives.

Warehousing, storage, of wholesaling of live animals, explosives, or flammable gases and liquids.

Airports, landing strips, and heliports.

Sewage treatment facilities.

Public and private offices and office buildings, providing that they constitute fifty percent (50%) or more of the gross floor space of the building or fifty percent (50%) or more of the gross enclosed cubic area of the building, whichever is greater.

Quarries.

Mini storage.

Athletic fields and golf courses.

Temporary structures constructed and placed on an individual parcel for thirty-one (31) or more days, whether cumulative or consecutively, per twelve-month period.

Car sales. (See Section 405.150(A))

Clinic.

Motor vehicle-oriented establishment (MVOE).

Outdoor activities.

Height Limitations For Structures.

Unless otherwise restricted by application of regulations in Section 405.050(B) of this Chapter, the total height of any structure shall not exceed fifty (50) feet above the average finished ground elevation at the perimeter of such structure; except that radio, television, public utility and communication towers may be erected to any height not in conflict with the application of the limitations in Section 405.050(B).

Performance Standards.

All uses in the "M-2" Industrial District shall operate in conformity with the appropriate performance standards contained in Section 405.150(B).

Lot Area, Open Area And Yard Requirements.

There shall be no minimum lot area requirements in this district.

Not more than sixty percent (60%) of the lot containing any use permitted in this district may be used for open storage of raw materials, finished goods, or any other materials.

No structure, other than a permitted directional or information sign, or boundary walls or fences, higher than six (6) feet in height, shall be erected within thirty (30) feet of any roadway right-of-way. In the case of corner lots, no structure exceeding thirty-six (36) inches in height may be erected within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines. Likewise, in the case of corner lots, no plant material exceeding a height of thirty-six (35) inches above the elevation of the street pavement may be planted or maintained within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.

No structure shall be erected within fifteen (15) feet of any property line; except that no structure may be erected within twenty-five (25) feet of any property line adjoining property in a non-industrial district. However, structures related to water transportation may be extended to the boundary of an "FP" Floodplain District. Any structure exceeding thirty (30) feet in height, which adjoins property in any "PS," "AG," or "R" Residence District, shall be set back from such district line an additional distance of one (1) foot for each two (2) feet in height above thirty (30) feet.

Minimum caliper for deciduous trees:	2 inches
Minimum height for coniferous trees:	6 feet
Tree mix:	Maximum of 40% of one species
Distribution:	1 tree per 10 parking spaces with 75% of those trees within the parking area
	1 foundation plant (shrub or bush) per 20 feet of street exposed wall area

Radio, television, and telecommunication transmissions or relay towers and facilities shall be located on tracts of land providing at least fifteen thousand (15,000) square feet.

(1)

Natural Vegetation.

Minimum species mixture	100% coniferous
Minimum species height	6 feet
Minimum species spacing	8 feet on center

(2)

Fencing.

Minimum height	6 feet
Sightproofing	stockade/slats in cyclone style

All buffering shall be established prior to the start of construction.

Off-Street Parking And Loading Requirements.

Except as otherwise provided in this Subsection, the requirements for off-street parking shall be implemented with regard to the minimum dimensions in the following table:

Parking Dimensions Table
A	B	C	D	E	F	G
45°	10.0'	20.5'	12.5'	14.2'	53.5'	46.5'
60°	10.0'	21.0'	17.5'	11.5'	60.5'	55.5'
90°	10.0'	19.0'	24.0'	10.0'	62.0'
A	=	parking angle
B	=	stall width
C	=	stall to curb
D*	=	aisle width
E	=	curb length per car
F	=	curb to curb
G	=	center to center width of double row with aisle between
*	Additional width may be required where the aisle serves as the principal means of access to on-site buildings or structures.

Gymnasiums, indoor swimming pools and indoor public and private tennis, handball and racquetball courts shall provide sufficient parking spaces for employees', customers' and visitors' parking as to assure that no such vehicle need be parked on any street.

Every structure of building containing at least five thousand (5,000) feet of gross floor area shall provide off-street loading space measuring not less than ten (10) feet by sixty (60) feet and having a height, clear of all obstruction, of fourteen (14) feet according to the following schedule:

Gross Floor Area	Number of Loading Spaces
5,000 square feet to 24,000 square feet	1
24,000 square feet to 60,000 square feet	2
60,000 square feet to 96,000 square feet	3
96,000 square feet to 144,000 square feet	4
144,000 square feet to 192,000 square feet	5
192,000 square feet to 240,000 square feet	6
240,000 square feet to 294,000 square feet	7
294,000 square feet to 348,000 square feet	8
For each additional 54,000 square feet	1 additional space

Parking shall comply with the current Americans with Disabilities Act.

Deleted.

Section 405.140 Special Districts.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]

"FP" Floodplain District.

The "FP" Floodplain District of the City of Arnold encompasses land along the watercourse of the Mississippi and Meramec Rivers and their tributary streams for which hydrographic study and calculations indicates a risk of life and property as a consequence of storm water runoff.

Permitted Land Uses And Developments.

(1)

Farming.

(2)

Forests.

(3)

Public parks, parkways, scenic areas, and wildlife refuges.

(4)

Golf courses, public and private non-commercial picnic grounds, swimming pools, and boat docks.

(5)

Underground and aboveground public utility transmission lines and distribution lines and pipelines including booster stations, provided that any such booster station shall be adequately screened with landscaping, fencing, or walls, or any combination thereof, or shall be placed underground, or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening said facility shall be submitted to the Planning Commission for review. No building permit or installation permit shall be issued until said plans have been approved by the Planning Commission.

(6)

Fishing and propagation of wildlife.

(7)

Off-street parking areas for motor vehicles.

(8)

Yard areas required for residences.

(9)

Deleted.

(10)

Non-residential farm buildings and agricultural operations.

(11)

Deleted.

(12)

Accessory buildings, land uses, and activities customarily incident to any of the above uses.

(13)

Churches.

Conditional land use and development permits issued by the Commission which may be permitted under the conditions and requirements specified in Section 405.080 of this Chapter include:

(1)

Sewage treatment facilities.

(2)

Commercial and industrial dock facilities, off-street loading and unloading facilities and open storage, not including junkyards or salvage yards, when adjacent to a use lying within a district in which the principal commercial or industrial activity is permitted.

(3)

Rifle ranges, skeet shooting clubs, and other activities featuring the use of firearms when all parts of these activities are located at least one hundred (100) feet from the boundaries of the property involved.

(4)

All public utilities.

(5)

Public or private, not-for-profit or for profit, parks, picnic grounds, community centers, athletic fields or other recreational uses, including related facilities, provided that no permanent or temporary structures or buildings for human habitation are included.

(6)

Single-family dwellings.

(7)

Restaurants.

(8)

Outdoor activities.

(9)

Outdoor entertainment facilities.

[Ord. No. 14.550 (2790), 5-20-2021]

Height Limitations For Structures. The total height of any structure shall not exceed that permitted in Section 405.050(B) of this Chapter.

Lot Dimension, Lot Area And Yard Requirements.

(1)

Dwellings shall be situated on tracts of land providing at least two (2) acres of lot area for each dwelling unit.

(2)

All other land uses permitted or conditional in this district except local public utility facilities shall be situated or conducted on tracts of land at least five (5) acres in area, except as may be clearly indicated otherwise by the context of these regulations.

(3)

No structure other than a permitted directional or information sign shall be erected within thirty (30) feet of any roadway right-of-way line or road easement. In the case of corner lots, no structures may be erected within the triangular area bound by the property lines and a line connecting two (2) points on the property lines thirty (30) feet from the intersection of the property lines. Any non-residential structure permitted in this district which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.

(4)

(5)

Deleted.

Off-Street Parking And Loading Requirements.

(1)

Parks shall provide sufficient parking space for employees, customers, or visitors. Parks shall provide parking area equal to at least one percent (1%) of land for the park, except that parking area available on park roads or private drives may be used to fulfill this requirement.

(2)

Swimming pools shall have parking areas provided at a ratio of two (2) square feet of parking area for each square foot of gross area covered by a pool or building.

(3)

Athletic fields shall have parking provided at a ratio of one hundred (100) square feet of parking area to each seat provided in grandstands, but in no event shall such parking area provide for less than twenty-five (25) parking spaces.

(4)

Docks, sheds, slips, and launching ramps for boats shall provide sufficient parking area for motor vehicles, trailers, and trucks associated with boating activities as to assure that no such vehicles need be parked on any street; in any event, two (2) parking spaces shall be provided for each permanent berth or slip in a commercial docking facility.

(5)

Golf courses shall provide parking area equivalent to at least one percent (1%) of the total area of land for the golf course, except that parking area available on private roads drives may be used to fulfill this requirement.

(6)

Parking areas, including driveways, shall be kept in a dust-free condition but need not, in this district, be paved.

(7)

All other permitted and conditional uses shall provide sufficient parking space for employees, customers, and visitors to assure that no vehicle need be parked on any street.

(8)

Deleted.

(9)

Deleted.

"PS" Park And Scenic District.

The "PS" Park and Scenic District of the City of Arnold encompasses land which has recreational, scenic and health value owned by public agencies or land in which public agencies have some lesser legal interest. This district may also include land having recreational, scenic and health value owned by private individuals and not-for-profit organizations or land in which such organizations have some lesser legal interest, upon the application and approval of a petition for a change of zoning by such not-for-profit organization. This district is established to preserve the community's cultural values by preserving this land in an essentially natural or native condition. The regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Subsection by reference.

Permitted Land Uses And Developments.

(1)

Public parks and parkways.

(2)

Wildlife habitats and fish hatcheries.

(3)

Dwellings, dormitories and accessory buildings and structures for the exclusive use of park-operation personnel.

(4)

Historic sites and buildings.

(5)

Natural or primitive areas and forests encompassed by the provisions of the Missouri State Forestry Law.

(6)

Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing or walls, or any combination thereof, or shall be placed underground, or shall be enclosed in a structure in such a manner as to blend with and complement the character of the surrounding area. All plans for screening said facilities shall be submitted to the Planning Commission for review. No building permit or installation permit shall be issued until said plans have been approved by the Planning Commission.

(7)

Deleted.

(8)

Fire stations.

(9)

Accessory buildings, land uses, and activities customarily incidental to any of the above uses.

(10)

Churches.

Conditional land use and development permits issued by the Commission which may be permitted under the conditions and requirements specified in Section 405.080 of this Chapter:

(1)

Camping, lodging, swimming, picnicking, boating, fishing, hiking, and wildlife observation facilities and customary service facilities necessary to provide the direct support of such activities.

(2)

Restaurants and other dining facilities.

(3)

Cemeteries and mausoleums.

(4)

Retreats owned and operated by religious, educational or other not-for-profit establishments.

(5)

Golf courses and driving ranges, not including miniature courses.

(6)

Sewage treatment facilities.

(7)

Underground and aboveground public utility transmission lines and pipelines, including booster stations.

(8)

Deleted.

(9)

Swimming pool (private).

(10)

Outdoor activities.

Height Limitations For Structures. The total height of any structure shall be limited by the application of the regulations of Section 405.050(B) of this Chapter.

Lot Dimension, Lot Area, And Yard Requirements.

(1)

(2)

(3)

Fire stations shall be situated on at least one (1) acre.

(4)

Cemeteries shall be situated on at least fifteen (15) acres.

(5)

All other permitted and conditional land uses in this district except local public utility facilities shall be situated or conducted on tracts of land at least five (5) acres in area, except as may be clearly indicated otherwise by the context of these regulations.

(6)

Deleted.

Off-Street Parking Requirements.

(1)

One (1) off-street parking space shall be provided for every two (2) beds in any dormitory provided for park-operation personnel.

(2)

(3)

Restaurants, lodging, boating, and service facilities shall provide sufficient parking area for all vehicles associated with the subject activities; in any event, at least two (2) square feet of parking area shall be provided for each square foot of gross floor area in any building devoted to such uses.

(4)

All other permitted and conditional uses shall provide sufficient parking space for employees, customers, and visitors to assure that no vehicle need be parked on any street.

(5)

Parking areas, including driveways, shall be kept in a dust-free condition but need not, in this district, be paved.

Deleted.

"MHD" Manufactured Home District. In order to provide appropriate locations where stable and enduring manufactured (mobile) home residential neighborhoods are created and maintained so as to take advantage of, or to avoid conflicts with, natural topography, hydrology, existing developments, and arrangements and location of existing or planned community facilities, and social needs of the community, a "MHD" Manufactured Home District may be established by special ordinance subject to the requirements set forth in Section 410.090, Planned Developments, of this Chapter. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in the Chapter which are incorporated as part of this Subsection by reference.

"C-4" Planned Commercial District. In order to provide appropriate locations for certain types of business developments in locations where integrated site planning and design is necessary due to surrounding land uses, neighboring residential areas or traffic considerations, a Planned Commercial District ("C-4") may be established by special ordinance subject to the requirements set forth in Section 410.090, Planned Developments, of this Chapter. Those districts adopted and part of the Zoning Ordinance are contained in Appendix 1 to this Chapter, set out as an attachment to same. The planned districts are subject to the performance standards contained in Section 405.150, Use and Zoning Performance Standards.

''M-3" Planned Industrial District. In order to provide appropriate locations for certain types of business and manufacturing developments in locations where integrated site planning and design is necessary due to surrounding land uses, neighboring residential areas or traffic considerations, a Planned Industrial District ("M-3") maybe established by special ordinance subject to the requirements set forth in Section 405.090, Planned Developments, of this Chapter. Those districts adopted and part of the Zoning Ordinance are contained in Appendix 2 to this Chapter, set out as an attachment to same. The planned districts are subject to the performance standards contained in Section 405.150, Use and Zoning Performance Standards.

Section 405.150 Use And Zoning Performance Standards.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]

Use Standards.

These use standards shall apply to permitted, conditional, and accessory uses as otherwise authorized in this Chapter.

Car Sales. Establishments providing car sales, as defined in Section 405.030 of the Zoning Ordinance, shall be subject to the following conditions and restrictions:

(1)

Minimum area:

(a)

Car sales establishments located within the "C-2," "C-3," and "C-4" zoning districts shall only be located on parcels, or contiguous parcels, that are at least two and one-half (2 1/2) acres in total area.

(b)

Car sales establishments located within the "M-1," "M-2," and "M-3" zoning districts shall have no minimum acreage provided the Planning Commission determines the proposed area is sufficient.

(2)

Screening. Any outdoor sales shall be visually screened from adjacent property in any "R" Residential District.

(3)

Traffic Study. A traffic study may be required for establishments which derive from an arterial street, or from a major collector street where the nearest driveway is within five hundred (500) feet of an arterial street, as determined by the Director of Community Development or the Planning Commission. Such studies shall be performed by a qualified firm or individual of the City's choosing from the Missouri Department of Transportation Local Public Agency Consultant's List. The cost of the study shall be borne by the applicant by remittance to the City.

Tobacco, Nicotine, And Other Legal Substance Establishment. Tobacco, nicotine, and other legal substance establishments, as defined in Section 405.030, shall meet the following standards in addition to all other zoning requirements in order to operate within the City of Arnold:

(1)

No tobacco, nicotine, and other legal substance establishment shall be located on a parcel, which is within one thousand (1,000) feet of another tobacco, nicotine, and other legal substance establishment is located, including such establishments located outside of the City limits.

Such distances referred to above shall be measured by the methodology established by the Missouri Department of Health and Senior Services Division of Regulation and Licensure for medical marijuana-related entities and protected uses. For the purposes of this measurement, tobacco, nicotine, and other legal substance establishments shall be subject to the proximity criteria for medical marijuana-related entities.

(2)

No tobacco, nicotine, and other legal substance establishment shall be operated or maintained within two hundred fifty (250) feet of primary or secondary schools, residentially zoned districts or any public park.

Medical Marijuana-Related Entities, Medical (Marijuana) Facilities, And Marijuana Facilities. Medical marijuana-related entities, medical (marijuana) facilities, and marijuana facilities, as defined in this Chapter, shall meet the following standards in addition to all other zoning requirements in order to operate within the City of Arnold:

[Ord. No. 14.563 (Bill No. 2849, 1-19-2023]

(1)

(Reserved)

(2)

No person shall cause or permit the establishment of a medical marijuana dispensary facility, comprehensive marijuana dispensary facility, or microbusiness dispensary facility where such facility is within one thousand (1,000) feet of a parcel of land which is used primarily for any of the following protected uses:

(a)

Churches;

(b)

Elementary or secondary schools; and

(c)

Daycares.

Such distances referred to above shall be measured by the methodology established in the Missouri State Constitution.

(3)

No person shall cause or permit the establishment of a medical marijuana dispensary facility, comprehensive marijuana dispensary facility, or microbusiness dispensary facility where such facility is within one thousand (1,000) feet of an alcohol or drug abuse facility as defined by the State of Missouri, Chapter 631, RSMo.

Such distances referred to above shall be measured by the methodology established in Article XIV of the Missouri State Constitution. For the purposes of this measurement, alcohol or drug abuse facilities shall be subject to the proximity criteria for churches, elementary or secondary schools, and daycares.

(4)

No person shall cause or permit the establishment of an outdoor medical marijuana cultivation facility, or any outdoor cultivation associated with a comprehensive cultivation facility or microbusiness warehouse facility where such facility is within two hundred fifty (250) feet of a parcel of land which is used primarily for any of the following protected uses:

(a)

Churches;

(b)

Elementary or secondary schools; and

(c)

Daycares.

Such distances referred to above shall be measured by the methodology established in the Missouri State Constitution for medical marijuana-related entities facilities [herein referred to as medical (marijuana) facilities] and protected uses.

(5)

Medical marijuana dispensary facilities, comprehensive marijuana dispensary facilities, and microbusiness dispensary facilities shall provide parking spaces in an amount not below fifteen (15) per one thousand (1,000) square feet gross floor area plus one (1) additional space for each employee on the maximum shift and one (1) space for each vehicle utilized in the day-to-day operation of the business.

(6)

Nuisances. No medical marijuana-related entities, (marijuana) facility or marijuana facility, or marijuana microbusiness facility, as defined in this Chapter, shall emit an odor or in any way cause a public nuisance per Chapter 220 of this Code. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.

Motor Vehicle-Oriented Establishments. MVOEs, as defined in Section 405.030 of the Zoning Ordinance, shall be subject the following conditions and restrictions:

(1)

Ingress And Egress.

(a)

The minimum width of driveways at the right-of-way line shall be twenty-four (24) feet, and shall not exceed forty (40) feet.

(b)

The radius used to increase the driveway opening at the curb or pavement edge shall not be less than ten (10) feet nor more than forty (40) feet. The edges of the opening shall not project beyond the side property line extended normal to the pavement.

(c)

The number of commercial entrances for each property or site shall be restricted on the basis of traffic requirements as determined by the City. The maximum number of driveway openings shall be limited to one (1) drive per two hundred (200) feet of lot frontage. On a corner lot, one (1) entrance from each street shall be permitted and located as far as possible from the street intersection corner.

(d)

The angle and location of driveway intersection with the street shall be based upon reasonable criteria for safe traffic movements and subject to the review and approval of the City Engineer.

(e)

MVOEs integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.

(f)

Exceptions to the width and/or radius may be required, or allowed with special approval by the City, to insure adequate provisions for large vehicles and/or high traffic volumes.

(2)

Drive-Through Lanes Standards. Except as further regulated elsewhere in this Section, all drive-through facilities shall be designed to meet the minimum requirements indicated:

(a)

Storage Length. If not specifically specified herein, storage length will be determined by the Community Development Director with the input of the City's engineering staff based upon available data for like uses and the volume of adjacent street traffic.

The City may approve reductions in required storage lengths if the applicant submits a traffic study prepared by a professional traffic engineer, which provides verifiable evidence to allow such reduction.

(b)

Exclusive Use. Drive-through lanes shall be used exclusively for drive-through vehicles commencing at a point not less than sixty-six (66) feet back from the service point of the facility.

(c)

Lane Width. Drive-through lanes must be a minimum of twelve (12) feet in width, except that a ten-foot wide lane will be permitted within the pickup/service area to guide motorists adjacent to the drive-up facility.

(d)

Pass-By Lane Provision. Each drive-through aisle shall be separated from the circulation routes necessary for ingress or egress from the property, or access to a parking space.

(e)

Minimum Distance From A Public Roadway. When the drive-through lane is oriented parallel to a public roadway, there must be a minimum distance of fifty (50) feet measured between the public road curb or edge of pavement and the nearest curb or edge of the drive-through lane.

(f)

Pedestrian Access And Crossings. Pedestrian access shall be provided from each abutting street to the primary entrance with a continuous sidewalk or delineated walkway satisfying the minimum requirements of the Americans with Disabilities Act (ADA). Pedestrian walkways should not intersect the drive-through drive aisles, but where they do the walkways shall have clear visibility and shall be delineated requirements of the ADA.

(g)

Automated car washes shall meet the following standards:

(i)

Storage Length. Stacking spaces equivalent to ten (10) times the capacity of the car wash shall be provided at the entrance. A minimum of one (1) stacking space shall be provided at the exit.

(ii)

Exclusive Use. The drive-through lane shall be used exclusively for drive-through vehicles for a distance equivalent to fifty percent (50%) of the required storage length of the car wash.

(h)

Financial institutions shall additionally meet the following standards:

(i)

Storage Length. All drive-through facilities shall contain stacking capacity for vehicles in accordance with the following criteria:

Drive-up teller windows and remote tellers. See Table 380.1, below, for stacking for drive-up teller lanes.

TABLE 380.1 Stacking For Drive-Up Teller Lanes
Number Of Lanes	Design Storage (Vehicles Per Lane)
1 — 3	6 (132 ft.)
4 — 5	4 (88 ft.)
5 or more	3 (66 ft.)

Drive-Up Automatic Teller Machines (ATM). Two (2) stacking spaces (forty-four [44] feet) shall be provided for each ATM.

(i)

Restaurants shall meet the following standards:

(i)

Storage Length. All drive-through facilities shall contain stacking capacity for vehicles from the menu board to the stacking lane entrance in accordance with Table 380.2, stacking for drive-through lanes.

TABLE 380.2 Stacking For Drive-Thru Lanes
For 1 Drive-Through Lane With 1 Window	For 1 Drive-Through Lane With 2 Windows	For 2 Drive-Through Lanes With 2 Windows
10 vehicles (220 ft.)	8 vehicles (176 ft.)	6 vehicles (132 ft.)

(ii)

Exclusive Use. The drive-through lane shall be used exclusively for drive-through vehicles from the order board to the pick-up window. The distance between the order board and the pick-up window should be sufficient to store four (4) cars.

(iii)

Delayed Pick-Up Area Provision. A pick-up area sufficient to store a minimum of one (1) car shall be provided for each pick-up window.

(j)

Auto filling stations shall meet the following standards:

(i)

For four-corner intersections, a maximum of two (2) auto filling stations shall be allowed at such an intersection, provided such establishments are located on diagonally opposite corners.

(ii)

For "T" intersections, a maximum of one (1) auto filling station shall be allowed at such an intersection.

(iii)

The Planning Commission may waive the requirements set forth above when the auto filling station(s) is located in a Planned Zoning District. The Planning Commission shall, prior to deciding on the request for said waiver, receive and review a report from the City Engineer or City's traffic consultant. The report shall include the impact on existing traffic of the waiver of said requirement along with the traffic consultant's recommendations for the mitigation of said impact through the installation of traffic control devices such as turning lanes, shared access drives, traffic signals, and signage.

(k)

Retail Pharmacy. Except as otherwise noted elsewhere in this Section, all retail pharmacy drive-through facilities shall be designed to meet the minimum requirements indicated:

(i)

Storage Length. Stacking spaces equivalent to three (3) times the capacity of each drive-through window be provided.

(l)

Laundry Or Dry-Cleaning Pickup Station Or Self-Service Laundry Or Drycleaning Facility. Except as otherwise noted elsewhere in this Subsection, all laundry or dry-cleaning pickup station or self-service laundry or drycleaning drive-through facilities shall be designed to meet the minimum requirements indicated:

(i)

Storage Length. Stacking spaces equivalent to two (2) times the capacity of each drive-through window be provided.

(3)

Site Design.

(a)

Off-street parking:

(i)

All MVOEs shall provide for off-street parking for the underlying use in accordance with the requirements of this Chapter, unless otherwise noted.

(ii)

No internal parking stall, cross drive aisle, or loading space shall be located closer to the street right-of-way than twenty (20) feet or within any required side yard setback.

(b)

Vehicular areas:

(i)

When the rental of equipment, automobiles, trucks, and trailers is to be conducted on an MVOE site, additional land area and paved area shall be provided in addition to the driveway, parking area, and landscape areas required by this Subsection. An additional one thousand (1,000) square feet of site area shall be provided for each five (5) rental units. No parking of rental units shall be permitted on landscaped areas, public or private roadways, including adjacent shoulders. All rental storage areas shall be paved and landscaped as approved by the City. Such rental equipment shall be stored in rear yard or as approved by the Planning Commission, except when being picked up by customers.

(c)

Performance standards:

(i)

Outdoor Sales And Display.

Outdoor display and sales of merchandise may be permitted along the storefront. All other outdoor storage of materials and displays are specifically prohibited.

Area. Said outdoor display shall be limited to twenty-five percent (25%) of total store frontage with a maximum of one hundred (100) square feet (inclusive of vending machines).

Height And Other Dimensions. The height of any outdoor display may not exceed five (5) feet with the exception of vending machines (and their surrounds) which shall not exceed eight (8) feet in height, three (3) feet in depth, or six (6) feet in width.

Location.

1)	The placement of said display along the storefront shall be in compliance clear width requirements with the Americans with Disabilities Act and shall not obstruct pedestrian access to the building.
2)	Vending machines shall not be located within three (3) feet of a fire department connection.
3)	Price signs shall be permitted on outdoor displays. Said price signage shall not exceed two (2) square feet and shall be placed upon the merchandise which it advertises.

Parking. One (1) parking space, in addition to the number of spaces required for the convenience store, shall be provided for video rental, propane gas, and similar vending machines subject to the review and approval of the City.

(ii)

The Planning Commission may recommend, and the City Council may require, other conditions which will tend to eliminate or reduce public nuisance caused by noise, heat, odors, smoke, dust, vibration, glare, flooding, and traffic congestion and promote the purpose of this Chapter

(iii)

All paved and landscaped areas shall, at all times, be kept in good repair in accordance with this and other ordinances of the City and the continuous maintenance of said areas shall be the responsibility of the owners and lessees of the property.

Outdoor Activity Area (Dining Or Entertainment). Outdoor activity areas, as defined in Section 405.030 of the Zoning Ordinance, may be permitted as an accessory use subject the following exceptions, conditions and restrictions:

(1)

All outdoor activity areas shall be subject to City review for conformance with occupancy, parking, and other Code requirements.

(2)

A conditional use permit for outdoor activity areas shall not be required when such areas are provided to patrons of the principle use for the purpose of their consuming food or beverages purchased therein when a maximum of four (4) seats are provided.

(3)

Where a conditional use permit is required, the Planning Commission may, as a condition of approval, limit the overall capacity, including, but not limited to, the number of chairs and/or tables provided, restrict hours of operation, limit the provision of amplified, recorded or live entertainment, require screening or buffering of adjacent uses by landscaping, fencing or other means, etc., in order to minimize potential adverse impacts of the use.

Fireworks Stands. Fireworks stands, as defined and regulated in Chapter 215, Offenses, Article XIV, and Chapter 605, Business Regulations, Article II, of the Code of Ordinances, maybe conditionally permitted within parcels located within the "R-1," "R-2," "R-3," "R-4," "R-5," or "R-6" Residential Zoning Districts, provided such parcels are not utilized for residential or residential-related uses. Uses not considered residential or residential-related may include houses of worship; fraternal orders, labor unions, and similar organizations; professional membership organizations; and other membership organizations for social, educational or recreational purposes.

[Ord. No. 14.548 (2787), 5-6-2021]

Mobile Food Vehicles. Mobile food vehicles, as defined in Section 405.030 of the Zoning Ordinance, shall be subject to the following conditions:

[Ord. No. 14.550 (2790), 5-20-2021]

(1)

Shall be subject to the requirements of Sections 605.400, Mobile Food Vehicles, et seq., of the Arnold Code of Ordinances.

(2)

Locations, permitted:

(a)

Properties within zoning districts where the use is specifically delineated in this Chapter as permitted or conditional; or

(b)

Properties within all zoning districts when a special event permit, as defined and regulated in this Chapter, has been granted by the Community Development Department.

(3)

Locations, prohibited:

(a)

Properties where the primary use occurring on that property meets the definition of a motor vehicle oriented business unless the Community Development Director has determined that the specific location on the property where the mobile food vehicle is proposed to be placed will not result in unsafe conditions for either pedestrians or motor vehicles.

(b)

Properties that are vacant and unimproved.

Outdoor Entertainment Facilities. Outdoor entertainment facilities, as defined in Section 405.030, shall meet the following standards in addition to all other zoning requirements in order to operate within the City of Arnold:

[Ord. No. 14.550 (2790), 5-20-2021]

(1)

Conditional use permit and associated site plan approval shall address adequacy of facility parking, loading, and circulation; traffic impacts in the vicinity of the facility; location of all uses, buildings and structures; fire hydrants and emergency access, location and adequacy of bathroom facilities; signage; noise; days/hours of operation; landscaping; and the screening and buffering of adjacent uses.

Amusement Center/Arcade. Amusement Center/Arcades, as defined in Section 405.030 of the Zoning Ordinance, shall be subject the following conditions and restrictions:

[Ord. No. 14.560 (2834), 8-4-2022]

(1)

(2)

For purposes of providing adequate off-street parking, required parking for an "Amusement Center/Arcade" shall be calculated at the same ratio as "commercial service facilities and retail sales."

Vehicle Rental Establishments. Heavy and Motor Vehicle Rental Establishments, as defined in Section 405.030 of the Zoning Ordinance, shall be subject the following conditions and restrictions:

[Ord. No. 14.560 (2834), 8-4-2022]

(1)

Site plan approval granted by the Planning Commission shall address that the site is consistent with good planning practice, the vehicle rental establishment can be operated in a manner that is not detrimental to permitted developments and uses within the district, and can be developed and operated in a manner that is visually compatible with permitted uses in the surrounding area.

(2)

Accessory uses may be the on-site storage and outdoor display of rental vehicles. Accessory repair services which would require a Conditional Use Permit shall not be accessory to this use by right.

(3)

The provision of parking of motor vehicles available for rent on-site shall be in addition to parking required for associated offices. When a vehicle rental establishment is located on a lot with any other use(s) permitted by this Chapter, the parking provided shall be in addition to that required by the other use(s).

(4)

The location of all motor vehicles available for rent on-site shall be indicated on a site plan approved by the Planning Commission.

Zoning Performance Standards.

This Subsection contains the Zoning Performance Standard Regulations for the City of Arnold. These regulations apply to the land uses and development hereinafter indicated.

Performance standards shall apply to any land use or development listed as permitted or conditional use in the regulations appearing in the Schedule of District Regulations, Subsections "PDA" Planned Development Area, "M-1" Industrial District, and "M-2" Industrial District.

Performance Standards.

Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line of the lot on which the use is located.

Noise. Every use shall be so operated that the pressure level of sound or noise level generated, measured in decibels, shall not exceed, at any point on the lot line, the maximum decibel levels for the designated duration as set forth in the following table for the appropriate use:

Tn-Total Duration of Time Noise Permitted to be Emitted from Noise Source During Period of Measurement (minutes)	A-weighted Sound Pressure Level (dB(A))
60	80 or less
30	81 to 83
15	84 to 86
8	87 to 89
4	90 to 92
2	93 to 95
0	96 or greater

#a Exceptions. To the extent provided in this Subsection, the provisions of this Chapter shall not apply to:
1.	The operation of construction devices, with sound control devices equivalent to or better than the original equipment, used in construction activities during daytime hours;
2.	The repair, maintenance or construction of public facilities of the State, County or municipal government, or such public or quasi-public municipal corporations as may be established under the Constitution or laws of the State of Missouri;
3.	Emergency work to repair or maintain private utility facilities;
4.	Emergency work to repair equipment or facilities damaged or rendered inoperable as a direct result of unavoidable upset conditions providing such occurrence is reported to the Director within twenty-four (24) hours after the occurrence;
5.	The operation of motor vehicles on a vehicular way with sound control devices equivalent to or better than the original equipment;
6.	The operation of railway equipment and vehicles operated exclusively on rails;
7.	The necessary operation of emergency signal devices;
8.	Electric power distribution transformers within a distance of fifty (50) feet from the base of the support pole or from the fence line.

Odor, Smoke, Toxic Gases, Emission Of Particulate Matter. Every use shall be so operated that no odor, smoke, toxic gases, and/or dirt, dust, fly ash, or other particulate matter shall be emitted that violate the emission regulations in the "Air Quality Standards and Air Pollution Control Regulations" of the St. Louis metropolitan area.

Radiation. Every use shall be so operated that there is no dangerous amount of radioactive emissions in accordance with the standards of the Federal Radiation Council.

Glare And Heat. Any operation producing intense glare or heat shall be performed in an enclosure in such a manner as to be imperceptible along any lot line without instruments.

Any addition, modification, or change in any regulations, code, or other standard referred to in the Zoning Performance Standard Regulations shall become a part of these regulations.

Section 405.160 Building and Site Design Standards.

[Ord. No. 7.44 (Bill No. 2794), 6-17-2021]

Section 405.160.010 Purpose.

[Ord. No. 7.44 (Bill No. 2794), 6-17-2021]

The purpose of Sections 405.160 through 405.160.080 are to provide minimum standards for sustainable, attractive, and harmonious building and site design.

Section 405.160.020 Intent.

[Ord. No. 7.44 (Bill No. 2794), 6-17-2021]

It is the intent of the design regulations to:

Create transitions and relationships among the adjacent developments and neighborhoods.

Require a scale and form for the design of buildings consistent with the development patterns envisioned by the comprehensive plan and necessary for implementation of either an existing zoning district or proposed planned district.

Specify the appropriate relationship of buildings, site elements, open spaces, and public rights-of-way.

Create value, identity and character within neighborhoods and districts through diverse architectural styles and a variety of design details.

Integrate diversity of neighborhoods, planning districts, and development sites through the consistent application of scale, form, and function specified in the comprehensive plan and this Chapter.

Section 405.160.030 Overall Design Goals.

[Ord. No. 7.44 (Bill No. 2794), 6-17-2021]

Connect buildings to the broader built environment through consistent orientation and design elements.

Activate public streetscapes and other public or community spaces with pedestrian scale design elements and "permeable" buildings and facades.

Create consistent well-designed building frontages along streets and other public or community spaces, suitable to the site context and environment.

Include uniform application of basic design qualities and materials on all sides of buildings.

Encourage architectural diversity appropriate to a site's immediate context.

Create neighborhoods and districts that exhibit both character and value.

Use exterior materials that contribute to the desired character of the planning district, and are compatible with existing materials of surrounding buildings.

Avoid blank walls and long, uninterrupted facades along public streetscapes and other public or community spaces.

Screen or eliminate building elements dedicated to loading, vehicle access, or other intensive service areas from prominent positions on streetscape or from adjacent property.

Minimize the impact of external utilities, such as cabinets, mechanical equipment, conduits and storage areas on the public viewshed.

Protect the character and values of adjacent properties and the public realm by creating criteria relating to building mass and scale that establish the relationship of buildings to the public viewshed.

Create effective transitions from the public rights-of-way to private areas through the design, location, and orientation of buildings.

Section 405.160.040 General Building Design Standards.

[Ord. No. 7.44 (Bill No. 2794), 6-17-2021]

Scope. Unless otherwise noted, the standards contained in This Section shall be met by all buildings.

Every building hereafter erected or structurally altered shall be located on a lot and in no case shall there be more than one (1) primary structure on one (1) lot, as defined herein, except for any structure authorized as part of a special procedure requiring submission to the Planning Commission of any type of zoning approval or site development plan for review and approval.

No portion of an area, frontage, or yard required for any lot, building, or use for the purpose of complying with provisions of this Code shall be included as an area, frontage or yard for another lot, building or use.

Corner Visibility. On a corner lot nothing shall be constructed, erected, placed, planted or allowed to grow in height in excess of thirty-six (36) inches above the established street grade of intersecting streets within the sight distance triangle, except as required by the City. The height that an object is above the established street grade shall be established by measuring from the highest point of the object to a point on the top of curb or pavement edge that lies along the projection of a radial line from the center of the pavement curve through the object being measured.

Improvements shall be permitted in accordance with Section 405.050(C). Supplementary District Regulations, except as otherwise provided in this Chapter.

Structures built on elevated platforms raised by stilts or piles shall be prohibited.

[Ord. No. 7.49 (2830), 7-21-2022]

Section 405.160.050 Building Design Standards for Residential Uses.

[Ord. No. 7.44 (Bill No. 2794), 6-17-2021]

For zoning districts permitting residential uses, all residential buildings shall meet the following minimum standards, based on site plan review by the Planning Commission as required by the Zoning Ordinance or by the Community Development Director where Planning Commission review is not required.

Multi-Family.

Site Plan Review. Multi-family developments shall be subject to requirements and procedures contained in Section 405.190, Site Plan Review.

Natural Features And Environment. Each site shall be designed to preserve natural features and environmental resources, such as:

(1)

Floodplains and drianageways.

(2)

Bodies of water.

(3)

Prominent ridges and rock ledges.

(4)

Existing tree cover including tree masses, wind rows and significant individual trees.

Cut And Fill. Excessive cut and fill are undesirable. Site designs should preserve the natural topography of the site.

Pedestrian Circulation. Pedestrian circulation systems (sidewalks, walkways, and paths) shall be located and designed to provide physical separation from vehicles along all public and private streets and within any parking area where practicably possible.

Building Separation. All buildings shall be separated by a minimum distance of fifteen (15) feet, except as otherwise provided in this Chapter.

Lot Coverage. Each site plan shall be designed to reflect unique site characteristics and strong neighborhood environments without overcrowding the site.

Access. All multi-family residential developments must have direct vehicular access to collector, arterial or higher classification streets. Multi-family residential development shall not take access to local streets.

Open Space. Open space shall be provided to meet active and passive use requirements of the neighborhood in accordance with the following requirements and also subject to the provisions of the zoning district in which the development is located.

[Ord. No. 7.49 (2830), 7-21-2022]

(1)

At least ten percent (10%) of the total site area or one hundred (100) square feet per dwelling unit, whichever is larger, of any multi-family development shall be set aside as common open space. Common open space areas shall be centrally placed within the neighborhood. Parking, streets, driveways, and service areas shall not be counted as applying toward these requirements. Common open space shall not be counted toward nor located in required zoning district front, street or side yard setbacks.

(2)

Required common open space may be any combination of common space amenities accessible to all project residents; or private open space for the exclusive use of a single dwelling unit, as further delineated in this Chapter.

(3)

A minimum of sixty (60) square feet of private open space shall be provided for each ground-level dwelling unit and each dwelling unit that is accessible from a walkout basement. A minimum of fifty percent (50%) of upper floor dwelling units shall include private open space in the form of a balcony, porch, or rooftop garden with a minimum of thirty-six (36) square feet of usable space with minimum dimensions of six (6) feet. Excess private space above what is required maybe counted toward fulfilling the common open space requirement.

(4)

Common open spaces shall be at grade-level or located on a roof top. Covered structures may be included if they are open on a minimum of three (3) sides.

(5)

Required Amenities.

(a)

At least fifty percent (50%) of the required common amenities must be outdoors.

(b)

One (1) amenity shall be provided for each ten (10) units or fraction thereof.

(c)

Developments with more than fifteen (15) units shall provide either a paved multi-use area with fixed/built-in seating or a playground/tot lot area as one (1) of the on-site amenities.

(d)

Developments with more than twenty (20) units shall provide a minimum of one (1) playground/tot lot area and a paved multi-use area with fixed/built-in seating. Developments that will not house children, such as, senior living facilities, are exempt from the playground requirement.

(e)

Developments with sixty (60) units or more shall provide a minimum of three (3) paved multi-use areas with fixed/built-in seating that are distributed within the project.

(f)

Approved amenities, may include, but are not limited to:

(i)

Active recreational facilities, including, but not limited to, bicycle and/or pedestrian pathways, pools, fields, courses, or equipment used for recreational activity, with a minimum area of four hundred (400) square feet. Any active recreational facility shall not be authorized by the City without the proper netting, fencing, and/or boarding, as set forth by the manufacturers' specifications for said facility, as a minimum, to control the flight of projectiles from it onto neighboring properties.

(ii)

Passive recreation facilities, including, but not limited to, picnic tables, plazas, or shaded seating areas, used as gathering spaces with a minimum seating capacity for eight (8) persons and a minimum of one (1) feature element.

(iii)

Playground or tot lot with a minimum of three (3) structured play modules (e.g., slide, swing, and climber) and an adjacent bench or sitting area.

(iv)

Community or rooftop garden (minimum four hundred (400) square feet).

(v)

Lounge or media room (minimum four hundred (400) square feet with minimum seating capacity for eight (8) persons).

(vi)

Commissioned public art.

(vii)

Outdoor games (i.e., garden chess) occupying a minimum of four hundred (400) square feet.

(viii)

Dog park with a minimum of two (2) benches.

(ix)

Picnic areas with a minimum of two (2) tables with seating.

(x)

Water feature with gathering space.

(xi)

Bike repair station, fully-enclosed bike lockers or secured indoor bike storage.

Vehicular Circulation And Parking.

(1)

Street Layout. The layout of streets shall provide for safe operation of vehicles within the neighborhood. Excessively straight and wide streets encourage high-speed traffic and should be avoided. Curvilinear designs, reduced street widths and cul-de-sacs create stronger neighborhood environments.

(2)

Parking Area Layout. Double loaded parking areas along private streets or drives are generally not acceptable. Parking areas shall be clustered and separated from the street.

(3)

Parking Enclosures. Parking enclosures shall be designed and sited so as to compliment the primary structures and to provide visual relief from extensive pavement area.

Pedestrian Circulation.

(1)

Pedestrian Linkages. Pedestrian access shall be designed to provide reasonable linkages of dwelling units to neighborhood facilities such as recreation, services, mail and parking.

(2)

Landscaping Details. Pedestrian systems shall incorporate landscaping details to increase the visual interest and character of the neighborhood.

(3)

Landscaping. Landscaping shall be designed in sufficient form, quantity and location to reduce, to the greatest extent possible, negative impacts affecting the site and adjacent properties and to increase the sense of neighborhood scale, character and identity.

Architectural Design. The design of multi-family housing is a key element in determining the character of a neighborhood. The architectural features shall create a strong feeling of identity through design principles of scale, harmony, rhythm and balance.

(1)

Building facades shall be articulated by using color, arrangement or change in materials to emphasize the facade elements. The planes of exterior walls shall be varied in height, depth and direction. Extremely long facades shall be designed with sufficient building articulation and landscaping to avoid monotonous or overpowering institutional appearance.

(2)

Materials selected for multi-family projects shall be durable and low maintenance with seventy-five percent (75%) of the overall structure consisting of brick, stone or other masonry materials as may be approved by the Planning Commission. Certain exceptions may be made for unique structure designs, such as, but not limited to, gables, offsets, trim, or decorative elements. Pole buildings or other non-traditionally constructed structures are prohibited for use as multi-family residential dwellings.

(3)

Plain concrete finish shall not be exposed by more than twelve (12) inches in any area of public view. Special concrete textures or other treatments may be permitted by the Commission on a case-by-case basis.

(4)

New multi-family residential developments shall respect the scale and character of the adjacent residential neighborhood. Attention to views, building scale and orientation; proximity to adjacent uses, location of driveways, noise, lighting and landscape should be respected.

(5)

The architectural design of each unit or building shall impart a feeling of neighborhood scale. Units shall be designed with vertical and horizontal offsets to break up rooflines, define private outdoor areas, allow greater views, and admit light and air to unit interiors. Large, blank wall surfaces shall be avoided. Windows and projecting wall surfaces shall be used to break up larger wall surfaces and establish visual interest.

(6)

The same level of architectural design and quality of materials shall be applied to all sides of the building. The side and rear elevations, garages, carports, and all accessory structures shall maintain the same level of design, aesthetic quality, and architectural compatibility.

(7)

Screening from the street of all outdoor refuse areas, ground mounted mechanical equipment, utilities, and banks of meters shall be provided. The screening of these items is to be architecturally compatible with the major building components and shall include landscaping.

(8)

All roofs shall have a pitch of at least four to twelve (4/12), except that shed or flat roofs may be used as a subordinate architectural feature to cover up to twenty percent (20%) of the entire building footprint, provided, they are over building elements such as dormers, porches, or similar minor projections in the building footprint.

[Ord. No. 7.49 (2830), 7-21-2022]

Two-, Three-, Or Four-Family Dwellings.

Scope. The design standards contained in this Subsection apply to all new two-, three-, or four-family homes or additions constructed and any two-, three-, or four-family homes re-roofed or substantially rehabilitated, as defined herein, subsequent to the adoption of this Section.

Standards.

(1)

Construction materials shall be consistent with that of residential development within the City, including; but not limited to, site-built homes using wood or stick framing, or as determined by the Community Development Director. Pole buildings or other non-traditionally constructed structures are prohibited for use as two-, three-, or four-family residential dwellings.

(2)

Primary exterior siding materials on structures intended for use as residential dwellings shall be similar to exterior siding used on conventional residences; including, but not limited to, wood clapboard, simulated clapboard such as metal, vinyl, or fiber cement, wood shakes, stucco, masonry such as brick or stone, or similar material, or as determined by the Community Development Director, but excluding high gloss finish, smooth, ribbed, corrugated, or other finishes of metal. Metal may be used as a subordinate architectural element.

(3)

Each rooftop section of horizontally attached residences shall be of matching or consistent material, as determined by the Community Development Director.

(4)

Plain concrete finish shall not be exposed by more than twelve (12) inches on the front or street-facing façade, or thirty-six (36) inches on the side and rear facades. Special concrete textures or other treatments may be permitted with approval of the Community Development Director.

(5)

All roofs shall have a pitch of at least four to twelve (4/12), except that shed or flat roofs may used as a subordinate architectural feature to cover up to twenty percent (20%) of the entire building footprint provided they are over building elements such as dormers, porches, or similar minor projections in the building footprint.

[Ord. No. 7.49 (2830), 7-21-2022]

(6)

The minimum width of a structure containing dwelling units, not including unenclosed structures, shall be thirty-four (34) feet.

[Ord. No. 7.49 (2830), 7-21-2022]

(7)

Lower-level or basement space, where at least fifty percent (50%) of which must be below grade and the height is at least seven (7) feet six (6) inches from floor to ceiling, shall be provided in all new construction. All additions with living space shall meet this requirement. Exceptions may be granted by the Community Development Director and his/her assigns should satisfactory evidence be provided that a lower-level or basement space as described is unfeasible due to a unique geographic site condition.

[Ord. No. 7.49 (2830), 7-21-2022]

Single-Family Dwellings.

Scope. The design standards contained in this Subsection apply to all new single-family homes or additions constructed subsequent to the adoption of this Section.

Standards.

(1)

Construction materials shall be consistent with that of residential development within the City, including, but not limited to, site-built homes using wood or stick framing, or as determined by the Community Development Director. Pole buildings or other non-traditionally constructed structures are prohibited for use as single-family residential dwellings.

(2)

Primary exterior siding materials on structures intended for use as residential dwellings shall be similar to exterior siding used on conventional residences, including, but not limited to, wood clapboard, simulated clapboard such as metal, vinyl, or fiber cement, wood shakes, stucco, masonry such as brick or stone, or similar material, or as determined by the Community Development Director, but excluding high gloss finish, smooth, ribbed, corrugated, or other finishes of metal. Metal may be used as a subordinate architectural element.

(3)

(4)

[Ord. No. 7.49 (2830), 7-21-2022]

(5)

The minimum width of a structure containing dwelling units, not including unenclosed structures, shall be thirty-four (34) feet.

[Ord. No. 7.49 (2830), 7-21-2022]

(6)

[Ord. No. 7.49 (2830), 7-21-2022]

Section 405.160.060 (Reserved)

Section 405.160.070 (Reserved)

Section 405.160.080 Variations from Design Standards.

[Ord. No. 7.44 (Bill No. 2794), 6-17-2021]

The Planning Commission may authorize variations from these standards where practical hardships are found to be present or where such variation would encourage high quality construction and site planning design that is consistent with good planning practice.

Section 405.170 through Section 405.180. (Reserved)

Section 405.190 Site Plan Review.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]

Regulations regarding site plan review are contained in this City Code Section 405.190, Subsections (A) through (M), below.

Intent.

This Section 405.190 recognizes the importance to the public health, safety and welfare, the safe movement of traffic, the retention of value of improvements upon the land, the conservation of natural resources and that site improvements will be constructed to advance those and other public interests. The site plan shall demonstrate to the site plan reviewing entity or entities the character and objectives of the proposed development in adequate detail for the reviewers to evaluate the effect it will have upon the community and the public interest. The site plan review regulates the development of structures and sites in a manner that considers the following concerns:

The balancing of landowners' rights to use their land, with the corresponding rights of abutting and neighboring landowners to live without undue disturbances (e.g., noise, smoke, fumes, dust, odor, glare, stormwater runoff, etc.);

The convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent areas or roads;

The adequacy of waste disposal methods and protection from pollution of surface water or groundwater;

The protection of historic and natural environmental features on the site under review, and in adjacent areas;

The stability of the built environment, particularly residential neighborhoods, by promoting development that is compatible with clearly identified natural resources;

Consistency with the Comprehensive Plan, Subdivision Ordinance, Zoning Ordinance, and the Municipal Code of Ordinances; and

Impact on existing City infrastructure and public improvements. The proposed development shall not result in undue or unnecessary burdens on the City's existing infrastructure unless arrangements are made to mitigate such impacts.

When Required.

A site plan for the use or development of property must be approved by the City prior to any of the following events:

The grading of any site for development or the issuance of any building permit for the construction or expansion of any principal structure, except as provided for herein.

A change in the principal or accessory use of a property that results in additional parking requirements or other site requirements not reflected on any existing approved site plan as determined by the Community Development Director.

Any development within the City's "MHD" Manufactured Home District, "C-1" Commercial District, "C-2" Commercial District, "C-3" Commercial District, "C-4" Commercial District, "M-1" Industrial District, "M-2" Industrial District, "M-3" Planned Industrial District, or for land subject to the City's Planned Residential Development Procedures or Conditional Use Permit procedures, unless otherwise authorized by the City.

As otherwise required in Chapter 405, Zoning, including, but not limited to, requirements contained in Section 405.040, Application of District Regulations, Section 405.090(B), Planned Residential Development Procedure, Section 405.050(C), Supplementary District Regulations, and Section 405.080, Conditional Uses.

Exceptions. A site plan shall not be required in the following situations:

When the Director grants an exemption pursuant to Subsection (C)(3) of this Subsection.

The construction or expansion of an individual single-family residential detached dwelling, including associated detached accessory structures.

Construction of an accessory commercial structure or addition not exceeding five hundred (500) square feet when such structure or addition is not substantially visible from the public viewshed.

Improvements for off-street parking purposes when appurtenant only to existing buildings and where access will be provided by existing driveways, provided such improvement does not provide more than five (5) additional parking spaces.

Grading of open area, either by excavation or fill for the sole purpose of bringing the land to a grade compatible with the surrounding area, provided that the removal of existing vegetation does not exceed three (3) acres and the designated City Engineer finds on inspection of the site that such grading will have no adverse effect on the land of surrounding property owners, will not encroach on or impair existing drainage channels or floodplains, and will not cause problems of erosion, ponding, and/or silting on adjoining properties.

The Community Development Director may waive the requirement that a site plan be submitted when the applicant demonstrates to the Director one (1) of the following:

That the proposed development, issuance of a certificate of occupancy, or change in the principal use of property will have no detrimental impact on adjoining properties or otherwise would clearly comply with all regulations of the City without review of the plan and thereby eliminating the necessity for the establishment of, or revision to, a site plan; or

That the proposed development will conform in every substantive respect to a site plan previously approved for the same property.

When the Director utilizes this waiver procedure, he/she shall report such action to the Planning Commission at their next regularly scheduled meeting.

Procedure.

Site plan review shall be conducted by City staff, however, the City may require, at the expense of the petitioner, site plan reviews conducted by the City's consultant or other professionals.

Any person required to submit a site plan shall initially file the appropriate number of copies and a digital version with the Community Development Director, to include completed application forms furnished by the City, and pay any required filing fee in accordance with Section 405.190(M), Fees.

An initial site plan review shall be completed by the Community Development Director or assigns and all applicable City departments, and other associated jurisdictions and review agencies within thirty (30) days of the date of filing. The City shall provide the applicant with a comment letter delineating all plan deficiencies that need to be addressed prior to proceeding to the Planning Commission. The applicant shall submit a revised plan addressing identified deficiencies. When the Community Development Director determines the plan sufficient for Planning Commission review, the Director or assigns shall prepare a staff report that provides an overview of the project's level of compliance with the City's Comprehensive Plan, applicable review criteria set forth herein, requirements of this Chapter, and other applicable Chapters of the City's Code of Ordinances. The report shall consider the input provided by appropriate City departments, and other associated jurisdictions and agencies. The staff report shall contain a written recommendation of approval, approval with specific conditions, or disapproval, made to the Planning Commission for its consideration. A copy of the report shall be provided to the applicant prior to the meeting where the Planning Commission shall conduct its review.

The applicant shall have the opportunity to present the site plan to the Planning Commission and respond to Commission questions prior to the rendering of any decision by the Commission.

The Community Development Director shall provide written notification to the applicant of the Planning Commission's decision within seven (7) days of such decision.

The applicant may appeal any written disapproval to the City Council by written notice of appeal, citing reasons for the appeal, delivered to the City Council within fifteen (15) days of the mailing of the written disapproval. The City Council shall examine the record and decide the appeal within thirty (30) days with or without additional input or argument, and notify the applicant of the appeal decision within seven (7) days of the City Council decision. The applicant may appeal an adverse decision of the City Council as provided in Chapter 536, RSMo.

Building permits shall not be issued for any use of land or proposed construction on a lot in the zoning districts in which site plan review is applicable, unless site plan review approval has been granted.

Application.

Each application for site plan approval shall be submitted to the City signed by the owner of record or their agent accompanied by the appropriate number of copies and a digital version of the site plan in a format compatible with the City's software. Additional submittal requirements that shall accompany a site plan where applicable, shall include, but are not limited to:

All parking, buffering/screening, lighting, landscape, tree preservation, architectural requirements in accordance with applicable Subsections of Chapter 405, Zoning.

All conditional use application requirements in accordance with Section 405.080.

All planned residential development procedure application requirements in accordance with Section 405.090(B).

Additional information to be placed on the site plan beyond the requirements listed herein may be required as requested by the Community Development Director, the Planning Commission or City Council in accordance with the requirements of Chapter 405, Zoning, to include applicable technical studies.

All applicable requirements of the City's Subdivision Regulations as they apply to the development.

Submission Requirements.

The site plan shall be designed and prepared by registered design professionals licensed in the State of Missouri, such as architects, landscape architects or engineers, with the appropriate seal affixed, unless permitted otherwise by the Community Development Director, and shall include the following data, details, and supporting plans which are relevant to the proposal:

The site plan shall be of a scale not to be greater than one (1) inch equals fifty (50) feet nor less than one (1) inch equals two hundred (200) feet, and of such accuracy that the Commission can readily interpret the Plan, and shall include more than one (1) drawing if required for clarity.

A scale, north arrow, boundary dimensions, natural features such as woodlots, streams, rivers, lakes, drains, existing manmade features such as buildings, structures, easements, high tension towers, pipe lines, existing utilities such as water and sewer lines, etc., excavations, bridges, culverts, and drains, and shall identify adjacent properties within one hundred (100) feet and their existing uses.

Name and address of the owner of record, developer, and seal of the engineer, architect, land surveyor or landscape architect.

Abutting property owners, names, addresses, zip codes, Jefferson County parcel numbers, and where different, zoning district.

The property shall be identified by lot lines and location, including dimensions, angles, and size, correlated with the legal description of said property. All existing lot lines, easements, and rights-of-way shall be shown.

Locations and dimensions of all setbacks, including distances between all buildings, between buildings and property lines and between all parking areas and property lines.

The location and use of all existing and proposed structures within the development. Include all dimensions of height, ground floor area, gross floor area, and show all exterior entrances and all anticipated future additions and alterations.

Depict locations, heights, and intensity of all exterior lighting, including a graphic and catalog reference describing the proposed standards.

Delineate and dimension all areas utilized for storage and/or parking equipment, materials and vehicles.

For phased developments, depict the various limits and timing of each proposed phase.

Location, dimension and area of any parcel or property thereof proposed to be set aside for open space, park, playground use or other public/private recreational purposes.

Provide the location of all retaining walls, fences, screening, earth berms, and trash enclosure as well as a typical architectural elevation reflecting the proposed finished construction.

The location of all present and proposed public and private ways, parking areas, loading areas, driveways, sidewalks, ramps, and curbs. Include calculations for required and proposed parking and loading. Location, type, and screening details for all waste disposal containers shall also be shown.

Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within one hundred (100) feet of the site.

The location, height, size, materials, and design of all proposed signage.

The location of all present and proposed utility systems, including, but not limited to:

(1)

Sewage system;

(2)

Water supply system;

(3)

Telephone, cable and electrical systems;

(4)

Storm drainage system including existing and proposed drain lines.

Plans to prevent the pollution of surface water or groundwater, erosion of soil both during and after construction, excessive run-off, excessive raising or lowering of the water table, and flooding of other properties, as applicable.

Existing topography and finished grade line elevations at two (2) foot contour intervals as well as the proposed finished floor elevation for all structures. All elevations shall refer to the United States Geodetic Survey (USGS) datum. If any portion of the parcel is within the 100-year floodplain, the area shall be shown, with base flood elevations; and the developer shall present plans for meeting Federal Emergency Management Agency (FEMA) requirements.

Architectural Elevations. Architectural elevations of all proposed buildings and structures, identifying all materials proposed including color schemes for each. For infill developments the architect shall provide a statement of design intent indicating any design decisions made to make new construction compatible with existing structures.

Landscape Plan. A landscape plan depicting all existing open space, trees, forest cover and water sources, and all proposed changes to these features including size and type of plant material, and percentage open space with related calculations. Water sources will include ponds, lakes, brooks, streams, wetlands, floodplains, and drainage retention areas.

Tree Preservation Plan. Where required by this Section, Tree Preservation, of the City of Arnold Zoning Ordinance, a tree preservation plan satisfying all requirements of the Section.

Site Sections. Schematic or illustrative sections shall be drawn to a scale of one (1) foot equals eight (8) inches or larger, indicating both edge conditions and internal grade changes in relation to principal variations of internal building levels and sight line relations to adjacent residences.

Traffic Control. The Community Development Director may require a detailed traffic study for mixed use and multi-tenant developments, or for developments in heavy traffic areas.

Additional information may be requested to be placed on the site plan beyond the requirements listed above based on a review of the site plan by City staff. Proper approval shall be required, where applicable and appropriate, from all relevant review agencies, including, but not limited to, the following: AmerenUE; Missouri-American Water Company; Public Water Supply District 1 of Jefferson County; Laclede Gas Company; Jefferson County Health Department; Missouri Department of Transportation; Missouri Department of Natural Resources; U.S. Army Corps of Engineers; and/or any other agency where applicable and appropriate.

Required plan elements may be waived at the discretion of the Community Development Director.

The applicant shall make notations explaining the reasons for the omission of any required element so authorized by the Director.

Criteria.

In reviewing a site plan application, the Community Development Director shall identify and evaluate all factors relevant to the application, including whether it complies with all applicable provisions of this Title. The applicant shall have the burden of demonstrating that the site plan application meets the application review criteria.

General Requirements. The recommendations of the Community Development Director shall be based on the following criteria:

The extent to which the proposal conforms to the previous Subsections of these regulations.

The extent to which the development would be compatible with the surrounding area.

The extent to which the proposal conforms to the provisions of the City's Subdivision Regulations.

The extent to which the proposal conforms to customary engineering standards used in the City.

The extent to which the location of streets, paths, walkways, and driveways are located to enhance safety and minimize any adverse traffic impact on the surrounding area.

Amended Site Plans. Once a site plan has been approved, changes in the site plan shall be made only after approval by the City.

Procedure For Amended Site Plan Applications. When an application for an amended site plan is filed, the Community Development Director shall determine whether the amended site plan involves substantial or minor changes, and shall notify the applicant within seven (7) working days of the nature of the requested changes and of the procedure that applies to consideration of the application for an amended site plan. The determination of the Community Development Director may be appealed to the City Council, whose decision shall be final.

Site Plan — Substantial Changes. Substantial changes, as defined in Subsection (L), below, to the approved site plan may be approved only by the Planning Commission after review and recommendation by the Community Development Director. Approval of substantial changes to the approved site plan shall follow the procedure for original approval of the site plan.

Site Plan — Minor Changes. Minor changes shall include changes not defined herein as substantial, and may be approved by the Community Development Director provided no more than two (2) amended site plans shall be approved that involve minor changes.

Definition Of Substantial Changes.

For purposes of this Section, "substantial changes" to the approved site plan shall mean any of the following:

A change in the number or sequence of phases, if any;

Increases in the density or intensity of residential uses greater than or equal to five percent (5%);

Increases in the total floor area of all non-residential buildings covered by the plan greater than or equal to ten percent (10%);

Increases of lot coverage greater than or equal to five percent (5%);

Increases in the height of any building greater than or equal to ten percent (10%);

Changes to construction material, color palette, or architectural style as determined by the Community Development Director;

Changes in ownership patterns, stages of construction, or declared use or business that will lead to a different development concept;

Changes in ownership patterns, stages of construction, or declared use or business that will impose substantially greater loads on streets and other public facilities;

Decreases of any setback greater than or equal to five (5) feet or ten percent (10%), whichever is less;

Decreases of areas devoted to open space greater than or equal to five percent (5%), or the substantial relocation of such areas;

Changes to the ingress/egress to property or of traffic or circulation patterns that will affect traffic outside of the project boundaries;

Modification or removal of conditions to the site plan approval;

Reconfiguration of building locations where:

(1)

The reconfiguration substantially increases the density or intensity of uses, total floor area of any non-residential building, lot coverage, or the height of any buildings; decreases the setbacks, or open space of the development; or changes the architectural style of the project or buildings; or modifies or removes conditions of the approved site plan; and

(2)

The reconfiguration does not substantially alter the circulation patterns external to the site and/or the ingress and egress on the property;

Changes to the utility plans that substantially impact other elements of an approved site plan as determined by the Community Development Director;

The Community Development Director, at his/her discretion, may determine and find any other change to an approved site plan that is not otherwise defined in this Section as substantial. Such determination and finding may be appealed to the Planning Commission.

Fees.

Site Plan Review (New).

Less than two (2) acres — Two hundred fifty dollars ($250.00) for up to two (2) plan reviews plus one hundred twenty-five dollars ($125.00) for each review thereafter; or

Two (2) to ten (10) acres — Five hundred dollars ($500.00) for up to two (2) plan reviews plus two hundred fifty dollars ($250.00) for each review thereafter; or

Over ten (10) acres — Seven hundred fifty dollars ($750.00) for up to two (2) plan reviews plus three hundred seventy-five dollars ($375.00) for each review thereafter.

Site Plan Review (Amendment To An Approved Plan).

Minor changes — Fifty percent (50%) of the cost for a "new" review; or

Substantial changes — One hundred percent (100%) of the cost for a "new" review.

Reimbursement For Additional Costs.

When additional costs are incurred by the City for any consultation with the City's engineers, attorneys, or other professional related to plan review, all additional costs incurred above the application fee for permit review, reimbursement by the applicant shall be required.

When such costs are anticipated, the City may require a retainer of no less than five hundred dollars ($500.00).

Section 405.200 Tree Preservation.

[Ord. No. 14.526 (Bill No. 2731), 4-4-2019; Ord. No. 14.545 (Bill No. 2772), 10-15-2020]

Purpose And Intent. The purpose of this Section is to promote the public health, safety, and general welfare of the residents of the City of Arnold by providing tree preservation standards. These standards represent an ongoing effort to enhance the quality and appearance of developed properties, protect existing natural resources, minimize storm water runoff, buffer differing land uses and conserve the value of land and buildings throughout the City, and meet the goals of our residents as identified in our Comprehensive Plan. The overall goal of this preservation plan is to preserve as many trees as possible and avoid having developers and builders spend extra funds to plant new trees. Provided exemptions to the standards contained in this Section are not intended to provide a mechanism to avoid fulfilling the preservation requirements contained herein.

Applicability. Except as otherwise provided by law, this Section shall be applicable when trees are to be removed in conjunction with new development, as defined herein, in all zoning classifications identified within the Zoning Ordinance of the City of Arnold, Missouri, hereinafter referred to as "the Zoning Ordinance."

Definitions. As used in this Section, the following terms shall have these prescribed meanings:

CALIPER

Caliper (diameter) measurement of the trunk of proposed new and replacement trees to be planted shall be taken six (6) inches above the ground up to and including four-inch caliper size. If the caliper at six (6) inches above the ground exceeds four (4) inches, the caliper should be measured at twelve (12) inches above the ground (American Standard for Nursery Stock, ANSIZ60.1-2004). Caliper measurement should be performed using a diameter measuring tape. Measure the tree trunk circumference and divide by 3.14 to find the diameter of the trunk.

DESIRABLE TREES

Trees from the approved tree list in the Zoning Ordinance that have a DBH of five (5) inches and greater for deciduous trees or five (5) feet and greater for evergreen trees.

DIAMETER BREAST HEIGHT (DBH)

Diameter measurement of an existing tree trunk taken at 4.5 feet above the ground. Diameter measurement should be performed using a diameter measuring tape. Measure the tree trunk circumference and divide by 3.14 to find the diameter of the trunk.

INVASIVE TREES OR PLANTS

Species as identified by the United States Department of Agriculture and/or Missouri Department of Conservation.

NEW DEVELOPMENT

The subdivision of any lot or contiguous lots of land three (3) acres or more in size or the grading of one-half (½) acre or more on any portion of any lot or contiguous lots of land three (3) acres or more in size, or the construction of any building or structure upon any lot or contiguous lots of land three (3) acres or more in size.

PREMIUM TREES

Trees not on the list of prohibited trees in the Zoning Ordinance that have a caliper of ten (10) inches or more or eight (8) feet or higher for evergreens.

TREE DRIP-LINE

The outer existing tree canopy circumference projected perpendicular onto the ground, where rain water would drip from the outer tree leaf tips to the ground. The drip-line includes the tree canopy area within the circumference of the tree.

TREE PROTECTION ZONE (CRITICAL ROOT ZONE)

The area extending from the trunk of a tree to ten (10) feet beyond its perimeter tree drip-line that must be protected and remain undisturbed throughout construction.

UNDESIRABLE TREES

Trees from the "Plant Material Not Allowed" list in the Zoning Ordinance, or trees that are known to be messy (drop large fruit, drop drupe fruit, drop large nuts over one (1) inch in diameter, drop large seed pods over three (3) inches in length, consistently drop twigs), have weak wood, have untreatable pests, or are uncontrollably invasive. The following trees are exempt: Black Walnut, Extra Large Pecan, Mixed Hickory, Pecan, Persimmon, Wild Plum, Sycamore and Missouri natives.

Preservation Requirements. Thirty-five percent (35%) of the existing trees must be preserved by the owner/developer of the site. City of Arnold staff may approve removal of up to sixty-five percent (65%) of the existing site trees as part of the tree preservation and ultimate development plan.

Tree Preservation Plan Required.

Provide the surveyed location and DBH of existing deciduous trees of five (5) inch DBH or greater, existing evergreen trees five (5) feet in height or greater, perimeter of existing shrub and tree masses over twenty-four (24) inches in height on the site utility and topographic survey for the development. Provide the surveyed location of any other existing trees and shrubs around existing buildings or structures desired to be considered for satisfaction of landscape planting requirements. The site existing conditions utility and topographic survey, with tree and vegetative masses shown, shall be submitted along with the Tree Preservation Plan, and shall serve as the basis of the proposed Tree Preservation Plan.

A Tree Preservation Plan is required when trees are to be removed in all zone classifications identified in the Zoning Ordinance and must include the following information:

The following plan may be prepared by a Licensed Land Surveyor or Professional Engineer:

(1)

The Tree Preservation Plan must include a written statement of the proposed work to be accomplished and a site plan.

(2)

The Tree Preservation Plan must use the site utility and topographic survey as the base, showing all current existing structures, utility lines and structures and site topography indicated at a maximum of two (2) foot contours.

(3)

The Tree Preservation Plan must show the location of proposed grading, the proposed structure(s) and associated parking, as well as all existing and proposed utility cuts, hard surface and right-of-way.

The following plan must be prepared, signed, and sealed by an International Society of Arboriculture (ISA) certified Arborist or a Missouri licensed Landscape Architect:

(1)

The Tree Preservation Plan must include the location and species of existing, DBH and measured tree drip-line of existing trees with a DBH of five (5) inches or more for deciduous trees or five (5) feet or more in height for evergreens. The plan must also indicate whether the trees are to be preserved or removed and outline the methods of tree or root pruning required in the effort to preserve the tree or trees if applicable. The Tree Preservation Plan should match the scale and orientation of the original site survey drawing.

(2)

Show the number, size and species of additional trees to be planted in a planting schedule and reference the trees on the plan with a planting symbol representing and measuring its expected mature canopy size along with a lettered key with tree quantity indicated. All trees to be planted must be from the approved tree list in the Zoning Ordinance. Refer to Subsection (F), Replacement Requirements, below.

(3)

Provide a planting schedule with the following information for each tree: two (2) to four (4) letter identification key code, botanical name, common name, size (DBH or height), condition (balled and burlapped or container size), remarks (single stem, multi-stem, etc.), spacing (typical spacing between plants, if applicable).

A Tree Preservation Plan is not required for New Development as exempted below unless such New Development causes a major adverse impact to runoff and diversion of storm water or streams, erosion, risk of landslide, infiltration of pollution into ground water, or major adverse impacts to safety and security of adjacent properties, as determined by the Community Development Director or assigns:

When Such New Development Is Limited To The Re-Subdivision Of Developed Land And No Additional Land Disturbance Is Proposed. In such cases, subdivision approval shall be so conditioned to include a requirement that any further subdivision of any portion of such land, any grading, or any construction shall warrant a Tree Preservation Plan regardless of tract or parcel size.

When Such New Development Is Limited To The Grading For And/Or The Construction Of One (1) Single- Or Two-Family House, And No Subdivision Of Land Is Involved. In such cases, grading and building permit approval shall be so conditioned to include a requirement that any future subdivision of such land shall warrant a Tree Preservation Plan regardless of tract or parcel size.

Replacement Requirements. Any tree with a DBH of five (5) inches or more for deciduous trees, or five (5) feet or more in height for evergreens, to be removed from the required thirty-five percent (35%) preserved area shall be replaced DBH for DBH with deciduous trees and height for height with evergreens of the tree removed. The minimum size of the replacement tree is six (6) inch DBH for deciduous trees or six (6) feet in height for evergreens. The replacement trees do not count towards the landscape requirements provided for in the Zoning Ordinance.

Credit.

For every one percent (1%) of existing trees saved above the required thirty-five percent (35%), the developer shall be credited toward the landscape requirements in the Zoning Ordinance as follows:

Undesirable trees not on the City's banned tree list shall be credited for two percent (2%) toward landscape requirements.

Desirable trees shall be credited for three percent (3%) toward landscape requirements.

Desirable trees in the fifteen-foot buffer area around the property shall be credited for four percent (4%) toward landscape requirements.

Premium trees kept shall count as double. In the fifteen-foot buffer area it shall be credited as eight percent (8%) and in other areas it shall be six percent (6%) toward landscape requirements.

Storm water systems using best management practices such as rain gardens, or equivalent (not traditional detention basin) may receive up to a three percent (3%) credit toward the Tree Preservation Plan.

In order to minimize interference with overhead utility lines, all large canopy shade trees and evergreen trees located within existing and proposed overhead utility easements shall be removed by the applicant so as to limit the potential for damage to utility distribution facilities. Specific trees and landscaping materials may be retained if they will not damage or interfere with the delivery of utility service at normal mature height. Trees removed from existing/proposed utility easements shall count toward the sixty-five percent (65%) removed.

Any land for right-of-way dedication to a political subdivision of the State shall not be included in tree preservation calculations or credits.

Marking Of Trees. Prior to any tree removal or commencement of construction on a site and during the plan approval process, the following uniform colored ribbon system shall be used: Red for trees to be saved; blue for trees to be removed.

Protection Measures During Construction. All trees on public or private property that are designated for preservation shall be guarded by a four-foot high barrier that designates the enclosed area as a tree protection zone. This enclosure shall extend ten (10) feet past the tree canopy. No building materials, waste materials, excess dirt, construction debris, equipment or vehicles shall be allowed within this protection zone.

Protection Measures After Construction. The trees preserved and planted must be maintained by the owner or developer in a healthy growing condition for two (2) years after the issuance of an occupancy permit. Plant materials that exhibit damage must be restored to healthy condition or replaced DBH for DBH within the next growing season.

Tree Preservation Easement. Trees designated for preservation must be placed in a tree preservation easement with script indicating they are not to be removed.

Waivers And Deviations. The City may grant requests for waivers and deviations from this Section when such requests are in harmony with the general purposes and intent of the ordinance and substantially consistent with the comprehensive plan.

[Ord. No. 14.567 (Bill No. 2858), 6-15-2023]

Waivers.

When the person or entity responsible for tree removal under this Section has filed a petition for waiver of the tree survey and/or tree permit, setting forth specific reasons related to the nature of the property and/or the location of the trees on it that make it impractical or otherwise unnecessary to conduct a tree survey or obtain a permit, the Planning Commission may waive the survey and permit requirements under this Section, but only upon a finding that such conditions warranting a waiver exist, when considering the purposes of this Section.

Grounds for such a waiver, include, but are not limited to, cases where there are an unusually small number of trees on the parcel [e.g., ten (10) trees on a 15-acre lot] or where the applicant seeks to alter the parcel pursuant to any local, State, or Federal regulatory requirements. Additionally, the Planning Commission may waive the tree survey requirement when the person or entity responsible for tree removal under this Section has received certification from a licensed engineer, licensed landscape architect or certified arborist (or other professional acceptable to the Planning Commission) that the proposed development will not encroach upon existing tree masses or that the proposed tree removal will not exceed the applicable percentages as delineated in this Section.

Deviations.

Requests for deviations from the strict requirements of this Section must be made, in writing, to the Planning Commission outlining the justification for request that addresses the following criteria:

(1)

The granting of the deviation will not be detrimental to the public safety, health, or welfare or injurious to other property or improvements in the neighborhood in which is located.

(2)

The conditions upon which the request for the deviation is based are unique to the property to which the deviation is sought, and are not generally applicable to other property.

(3)

Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the letter of these regulations are carried out.

Appeals. Any party dissatisfied upon the denial of a waiver or deviation from the strict requirements of this Section by the Planning Commission may file an appeal with the Council requesting a determination from that body. A notice of appeal shall be filed within seven (7) days after the Planning Commission's action. Notice of appeal to the Council shall be in writing and shall be filed with the City Clerk.

[Ord. No. 14.567 (Bill No. 2858), 6-15-2023]

Section 405.210 through Section 405.220. (Reserved)

Section 405.230 Administrative Enforcement, Violation and Penalties.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]

The Community Development Director of the City of Arnold shall be the Zoning Enforcement Officer, and shall enforce the provisions of this Chapter. The Community Development Director may deputize one (1) or more members of his/her department, as well as members of other City departments, who have a particular skill or competence to act for him/her, and the term "Zoning Enforcement Officer" as used elsewhere in this Chapter shall be deemed to include such deputies, but no order or other enforcement action shall be issued unless approved and signed or countersigned by the Community Development Director.

The Zoning Enforcement Officer shall enforce the provisions of this Chapter through issuance of building permits, occupancy permits, by means of field inspections and other duties delineated herein to assure conformance with this Chapter. Upon the advice of the City Attorney, the Zoning Enforcement Officer shall take appropriate action to assure that all uses and developments in the City of Arnold shall comply with this Chapter and any ruling made pursuant thereto. The Zoning Enforcement Officer is authorized to inspect or cause to be inspected any building or other structure or any land on which work is in progress, and to order stoppage of work being done in violation of the zoning ordinance. He/she shall inspect or cause to be inspected such premises after work is completed, and shall not issue an occupancy permit until final inspection has been made.

The Zoning Enforcement Officer shall have the power to adopt such administrative regulations as he/she deems necessary to the carrying out of his/her enforcement responsibilities, which regulations shall have general applicability to causes of similar character.

No building or structure or part thereof shall hereafter be erected, constructed, or enlarged, nor shall any building or structure or land or part thereof be hereafter occupied or used in any case of establishment of a new use, extension or alteration of a use, or conversion from one use to another use, until the Zoning Enforcement Officer shall issue a proper permit, except that no permit shall be required for the raising of agricultural crops.

No building or structure shall be erected, constructed, reconstructed, or enlarged, nor shall any such work be started without a building permit being issued by the Zoning Enforcement Officer, which permit shall state that the permitted construction must comply with the provisions of this zoning ordinance.

Except as hereinabove provided, no land shall be occupied or used in whole or in part for any purpose until an occupancy permit is issued by the Zoning Enforcement Officer, which permit shall state that the structure and use comply with the provisions of the zoning ordinance. The use of any land or building or structure or part thereof, now or hereafter erected, shall not be changed until an occupancy permit is issued by the Zoning Enforcement Officer. No occupancy permit shall be issued for a change in use unless such change is in conformity with the provisions of the zoning ordinance.

The Commission and the Zoning Enforcement Officer are hereby empowered, in the performance of their functions, to enter upon any land in the City of Arnold for the purpose of making inspections, examinations, and surveys, or to place and maintain thereon monuments, markers, notices, signs or placards required to effectuate the purpose and provisions of this Chapter. The Commission shall be required to present proper credentials upon demand when entering upon any land or structure for the purpose of this Section.

The Zoning Enforcement Officer, his/her deputies or inspectors may cause the cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of the zoning ordinance by posting of a stop work or stop use notice on the premises and by notice in writing to the owner of the property involved or to his/her agent or to the person doing the work in the case of a stop work order, stating the nature of the violation.

The Zoning Enforcement Officer may refer any violation of the zoning ordinance to the City Attorney for prosecution or other appropriate action.

The City Police shall aid the Zoning Enforcement Officer in enforcing the zoning ordinance by posting a stop work or stop use notice when requested by the Zoning Enforcement Officer.

Filing Of Plans. All applications for building permits shall be accompanied by plans in triplicate, drawn to scale showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the buildings and accessory buildings existing, and the lines within which the buildings or structures shall be erected or altered, the existing and intended use of each building or part of building, the number of families the building is designed to accommodate, and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Chapter. One (1) copy of such plans shall be returned to the owner when such plans shall have been approved by the Community Development Director.

Penalties For Violation Of Zoning Ordinance.

Any person, persons, firm, association or corporation violating any provisions of the zoning ordinance of the City of Arnold, Missouri, or any employee, assistant, agent, or any other person participating or taking any part in, joining or aiding in a violation of any provision of the zoning ordinance may be prosecuted as provided by law for the violation of ordinances of the City of Arnold and upon conviction shall be punished by a fine not exceeding five hundred dollars ($500.00) for any one (1) offense or ninety (90) days imprisonment. Each day a violation continues after service of written notice to state such violation shall constitute a separate offense.

In addition to the penalties hereinabove authorized and established, the City Attorney shall take such other actions at law or in equity as may be required to halt, terminate, remove, or otherwise eliminate any violation of this Chapter.

Section 405.240 Board of Adjustment.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020; Ord. No. 1.282 (Bill No. 2857), 6-15-2023]

Appointment And Membership. A Board of Adjustment is hereby established. The word "Board," when used in this Section, shall mean the Board of Adjustment. The Board of Adjustment shall consist of five (5) members, who shall be residents of the City, appointed by the Mayor and approved by Council. The term of office of the members of the Board shall be for five (5) years, except that the five (5) members first (1st) appointed shall serve respectively for the terms of one (1) year, two (2) years, three (3) years, four (4) years, and five (5) years each. Three (3) alternate members to the Board shall be appointed by the Mayor and approved by Council to serve in the absence or disqualification of any of the regular members. The term of office of the alternate members shall be for three (3) years, except that the first three (3) alternate members shall be for one (1) year, two (2) years, and three (3) years respectively. Vacancies shall be filled for the unexpired term of any member or alternate whose term becomes vacant. All members and alternates shall be removable for cause by the Mayor and Council for non-performance of duty, misconduct in office, or other cause upon written charges and after public hearing.

Board Shall Elect Officers. The Board shall elect its Chairman and Secretary from among the regular members. The term of the Chairman and Secretary shall be for one (1) year with eligibility for re- election.

Board Shall Adopt Rules And Regulations. The Board shall adopt from time to time such rules and regulations as may be necessary to carry into effect the provisions of this Chapter.

Meetings. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman, or in his/her absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. Unless compelling public necessity requires a lesser amount of time, fifteen (15) days' notice of all hearings shall be provided as follows:

Published in at least one (1) newspaper having general circulation within the City; and

Delivered in written form to the owners of properties bordering the property being considered for relief; and

Conspicuously posted upon the property being considered for relief per the requirements contained in Subsection (Q) of this Section.

Alternates To Serve. Alternates shall serve as provided herein.

Alternates shall serve at the call of the Chairman or Acting Chairman in the absence or disqualification of the regular members of the Board of Adjustment.

Alternates shall, whenever possible, rotate substitution duties.

Alternates shall have all the duties and powers of a regular member during the hearing for which he/she is substituting.

If an alternate has begun to hear a case, he/she shall remain as a member of that Board quorum until a decision has been rendered on that particular case.

Alternates may serve on any appeal case, regardless of applicant preference.

Records. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. All such records shall be immediately filed in the office of the Board and shall be public record. All testimony shall be taken down by a reporter employed by the Board for that purpose. It shall be the duty of the Secretary to see that all records are kept in accordance with this Section.

Appeals. Appeals to the Board may be taken by any person aggrieved, any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by any office, department, board, or bureau of the City of Arnold affected by any decision of the Zoning Enforcement Officer. Such appeal shall be taken within reasonable time as prescribed by the Board by general rule, by filing with the Zoning Enforcement Officer and with the Board a notice of appeal specifying the grounds thereof.

Appeals shall be submitted upon forms provided for that purpose and shall show the minimum information as prescribed on the forms. It shall be the responsibility of the appellant to furnish such maps, data, and information as may be prescribed for that purpose by the Board so as to assure fullest practical presentation of facts for the permanent record.

The Zoning Enforcement Officer shall forthwith transmit to the Board all the papers constituting the record upon which the appeal is taken.

An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Enforcement Officer certifies to the Board, after the notice of appeal shall have been filed with him/her, that by reason of facts stated in the certificate would, in his/her opinion, cause eminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown. In such cases of peril to life or property, fifteen (15) days' notice in the newspaper shall not be required but due notice to parties in interest shall be given.

Jurisdiction Of Board. The Board of Adjustment shall have the following duties:

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Enforcement Officer in the enforcement of this Chapter.

To hear and decide all matters referred to the Board or upon which it is required to review by ordinance.

To permit the reconstruction of a non-conforming building which has been destroyed or partially destroyed by fire or other act of God where the Board shall find compelling public necessity requiring a continuance of the non-conforming use.

To authorize, as a special exception, the change of a non-conforming use to another non-conforming use, either by general rule or by making findings in the specific case, to a proposed use equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting any such change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with the provisions of this Chapter.

To authorize a variance where practical difficulties or extraordinary hardships would result from strict compliance with these regulations and amount to a practical confiscation of such property as distinguished from a mere inconvenience. The Board may grant a variance so that substantial justice may be done and the public interest secured, provided such variance shall not have the effect of nullifying the intent or purposes of these regulations; and, further, provided, the Board shall not grant variances unless it shall make findings based upon the evidence presented to it in each specific case that all review criteria contained in this Section are satisfied:

The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property or improvements in the neighborhood in which the property is located.

(1)

In addition to the general requirement to ensure that the variance will not be detrimental to the public safety health or welfare the determining the foregoing, the Board shall consider whether, and to what extent, the proposed variation will impair an adequate supply of light and air to adjacent property, or increase the danger of fire, or diminish or impair property values within the neighborhood.

The conditions upon which the request for a variance is based are unique to the property to which the variance is sought, and are not applicable generally to other property.

The inability to obviate the difficulty or hardship by some method, feasible for the applicants to pursue, other than the variance.

The variance requested is the minimum necessary to overcome the difficulty or hardship which was the basis for the requested variance.

That the alleged difficulty or hardship has not been created by any person having an interest in the property at any time.

The variance can be granted without substantial impairment to the intent, purpose and integrity of the comprehensive plan or any master plan, neighborhood plan, or transportation plan affecting the subject property.

Conditions. In granting variances, the Board of Adjustment may require conditions as it will, in its judgment, secure substantially the objectives or requirements of these regulations.

In exercising the above-mentioned powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken.

The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse or modify any order, requirement, decision, or determination of the Zoning Enforcement Officer, or to decide on any matter which it is required to pass under this Chapter, or to affect any variance in this Chapter.

In the event that any application is denied by the Board of Adjustment, a reapplication concerning the same property or site shall not be accepted until six (6) months following the date of final action on the original application has elapsed, unless it can be shown to the satisfaction of the Zoning Enforcement Officer or his/her designated representative that:

A significantly different plan is proposed; or

New facts or other pertinent information have been discovered that were not previously presented and were not reasonably capable of discovery by the applicant prior to the previous application.

Appeals Of Board Decisions.

Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment or of any officer, department, commission, board or bureau of the City of Arnold may present to the Circuit Court having jurisdiction in Jefferson County, a petition, duly verified, stating that such decision is illegal, in whole or in part, specifying the grounds of the illegality and asking for relief therefrom. Such petition shall be presented to the court within thirty (30) days after receipt of notice of the decision of the Board or such officer, department, commission, board or bureau.

Costs shall not be allowed against the Board in any such action unless it shall appear to the court that it acted with gross negligence or in bad faith, or with malice in making the decision appealed from.

Notice Of Hearings — Signs.

Sign Content. All signs required by this Section shall be entitled "PUBLIC NOTICE" and shall state the time and place of the hearing, the subject matter of the hearing, and any other relevant information determined to be instructive to the public, as directed by the Community Development Department.

Sign Dimensions.

For matters concerning a single residential lot, the sign shall be at least one and one-half (1.5) feet by two (2.0) feet;

For all other matters the sign shall be at least two (2.0) feet by three (3.0) feet.

Section 405.250 Appeals.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]

Any person, persons, any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or any board, department, or bureau of the municipality aggrieved by any decision of the Board may present to the Circuit Court of the County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board.

Section 405.260 Zoning Changes And Amendments.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]

The regulations, restrictions, and boundaries as set forth in this Chapter may from time to time be amended, supplemented, changed, or repealed whenever the public necessity and convenience and general welfare require such amendment by the following procedures:

The regulations, restrictions, and boundaries may be amended, supplemented, changed or repealed by the City Council, or petitioned for a change by the legal owner of the property in question, provided, however, that no such action shall be taken until such proposal has first been reviewed by the Planning Commission and a report and recommendation thereon is made to the City Council.

No action shall be taken by the Planning Commission until after a public hearing has been held in relation thereto, at which parties in interest and citizens shall have the opportunity to be heard. Likewise, the City Council shall not take any action until after they have held a public hearing.

At least fifteen (15) days' notice of the time and place of such hearings shall be published in an official newspaper or a paper of general circulation in the City. A sign shall be posted in a conspicuous place upon said land at a point nearest to the right-of-way of any street or roadway abutting such land, and so as to be clearly visible to the traveled portion of such street or roadway.

The sign or signs shall be four (4) feet by four (4) feet in size, state the nature of the request, and the date and place of the public hearing. The copy shall be legible with lettering not less than four (4) inches in height and not less than one (1) inch in width.

Changes in district boundaries or classifications, or restrictions shall only be approved under the following conditions:

The extension of an existing boundary where said change will not be detrimental and where it is shown that such change is necessary for public convenience or necessity;

There has been significant change in the area to warrant a change in zoning classification;

It is shown that a mistake was made in the original Zoning Map;

A change that would make the zoning classification reflect the proposed use in the land use plan of the City of Arnold; or

Other changes where it is shown to be in the best interests for the health, safety, and welfare of the citizens of the City of Arnold.

Protest. In case of protest against such Planning Commission recommendation, the below process shall be followed:

Owners of thirty percent (30%) by area (exclusive of streets and alleys) of the property within one hundred eighty-five (185) feet of the property in question or included in such proposed change may file a protest, duly signed and acknowledged, with the Council.

The City Clerk must receive such protest within seven (7) days after the Planning Commission meeting at which the Commission completed its recommendation to the City Council. Such protest to the Council shall be in writing, stating how the proposed change does not comply with the above listed conditions outlined in Subsection (A)(2) and shall be filed in duplicate with the City Clerk for verification.

Upon verification of the protest, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the City Council.

No duplicate rezoning requests involving the same parcel or tract of land, or part thereof, regardless of any change in ownership, shall be considered by the Planning Commission or City Council until a period of six (6) months shall have passed from the date of final action by the City Council.

Any decisions regarding changes in regulations, restrictions, and boundaries may be appealed to the Circuit Court, provided such appeal shall be made within thirty (30) days after the mailing or delivery of the notice of final decision.

Section 405.270 (Reserved)

Section 405.280 Fees.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]

There shall be a fee charged for reviews, permits, appeals, and other matters pertaining to this Chapter in accordance with the Community Development Fee Schedule as established and adopted by the City Council from time to time.

Section 405.290 Validity.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]

Provisions Of Ordinance Declared To Be Minimum. In their interpretation and application, the provisions of this Chapter shall be held as minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this Chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive, or that imposing higher standards, shall govern.

Separability Clause. Should any Section or provision of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

Section 405.300 (Reserved)