[Ord. No. 5814 §1(2.1), 4-27-2004; Ord. No. 5935 §1(2.1), 7-11-2006]
No land, premise or structure shall be used for any purpose
other than those permitted by right or conditional use permit in the
subject district.
[Ord. No. 5814 §1(2.2), 4-27-2004; Ord. No. 5935 §1(2.2), 7-11-2006]
No building or structure shall be erected, converted, enlarged,
reconstructed, moved or structurally altered for a use not permitted
in the subject district.
[Ord. No. 5814 §1(2.3), 4-27-2004; Ord. No. 5935 §1(2.3), 7-11-2006]
No building or structure shall be erected, converted, enlarged
or structurally altered except in compliance with all regulations
established for the district in which such building is located.
[Ord. No. 5814 §1(2.4), 4-27-2004; Ord. No. 5935 §1(2.4), 7-11-2006]
Temporary buildings for construction purposes are permitted
in all districts. Temporary buildings are required to meet specific
criteria established by the City's Building Code.
[Ord. No. 5814 §1(2.5), 4-27-2004; Ord. No. 5935 §1(2.5), 7-11-2006]
No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the off-street parking and loading requirements found in Article XXV of this Chapter. Off-street parking spaces on the property of the existing building(s) and/or structure(s) shall be maintained so long as the building(s), structure(s) and/or use remains unless an equivalent number of spaces are provided at another off-street location in conformance with this Chapter. In the event of change in use, the parking requirement for that use will govern.
[Ord. No. 5814 §1(2.6), 4-27-2004; Ord. No. 5935 §1(2.6), 7-11-2006]
The minimum yard and/or open space required for a building/structure
by this Chapter shall not be encroached upon or considered as part
of the required yard or open space for any other building/structure.
Additionally, lot area shall not be reduced below the requirements
of this Chapter except as specifically provided for by this Chapter.
[Ord. No. 5814 §1(2.7), 4-27-2004; Ord. No. 5935 §1(2.7), 7-11-2006]
Every primary building, dwelling unit or structure erected,
converted, enlarged, reconstructed or structurally altered shall be
located on a lot as defined by this Chapter, and in no case shall
there be more than one (1) main building or one (1) dwelling unit
on one (1) lot except as specifically provided by this Chapter.
[Ord. No. 5814 §1(2.8), 4-27-2004; Ord. No. 5935 §1(2.8), 7-11-2006]
Every family/household shall live in an individual dwelling
unit, and in no case shall there be more than one (1) family residing
in a single dwelling unit.
[Ord. No. 5814 §1(2.9), 4-27-2004; Ord. No. 5935 §1(2.9), 7-11-2006]
[Ord. No. 5814 §1(2.10), 4-27-2004; Ord. No. 5935 §1(2.10), 7-11-2006; Ord.
No. 6022 §1(Att. B), 7-8-2008]
Any use or proposed development within a planned unit development district or special development district will require a rezoning as defined in Article XI "Text Amendments And Rezoning" of this Chapter.
[Ord. No. 5814 §1(2.11), 4-27-2004; Ord. No. 5935 §1(2.11), 7-11-2006]
The Director of Planning and Development Services or his/her
designee shall have the authority to enter any structure or premises
at any reasonable time when the Director of Planning and Development
Services or his/her designee has reasonable cause to believe that
a violation of this Chapter exists. Prior to entering into a space
not otherwise open to the general public, the Director of Planning
and Development Services or his/her designee shall make reasonable
effort to locate the owner or other person having charge or control
of the structure or premises, present proper identification and request
entry. If requested entry is refused or not obtained, the Director
of Planning and Development Services or his/her designee shall pursue
recourse as provided by law.
[Ord. No. 5814 §1(2.12), 4-27-2004; Ord. No. 5935 §1(2.12), 7-11-2006; Ord. No. 6393 §1, 10-13-2015]
Except as provided in Section 505.125, Mobile Food Vending, the sale, display or storage of food products, magazines, newspapers, commodities, goods, wares or merchandise is prohibited in the front yard of all zoning districts. No parking space or facility may be located within any required front yard except as provided by a conditional use permit.
[Ord. No. 5814 §1(2.13), 4-27-2004; Ord. No. 5935 §1(2.13), 7-11-2006]
Total occupancy of group homes shall be limited by Missouri
Statutes and the International Property Maintenance Code as related
to maximum occupancy. The exterior appearance of the group home and
property shall be in reasonable conformance with the general neighborhood
standards. No group home shall be permitted within five hundred (500)
feet from any existing group home.
[Ord. No. 5814 §1(2.14), 4-27-2004; Ord. No. 5935 §1(2.14), 7-11-2006]
A.
Home
child care facilities may be permitted as a conditional accessory
use in the "R-1", "R-2" and "R-3" residential zoning districts upon
issuance of a home day care permit as follows:
1.
Child care providers caring for five (5) or more children (including
children related to the care provider) may provide home day care services
in a residence if the property owners and, if different, the adult
occupant(s) of the property apply for and are issued a home day care
permit pursuant to this Section.
2.
No home day care permit for a child day care home may be granted
to any person who does not personally provide the day care service
to the children in attendance and no facility may be permitted or
allowed to continue to operate if any person not residing in the home
is involved in providing care to the children in attendance. Any home
day care permit issued under the provisions of this Section shall
be so limited such that the number of children on the premises under
the age of thirteen (13) years, including the operator's children,
shall not exceed ten (10) at any one time. Home day cares with four
(4) or fewer children (including the operator's children) are exempt
from a home day care permit. The granting of a home day care permit
for a home day care will be contingent on the grantee securing a State
license for the same.
3.
For the purposes of approval of a child day care home, a site plan
need not provide a surveyor's seal or statement of verification. The
application for a home day care permit shall include:
a.
A diagram of the main building on the property designating the areas
to be utilized in providing the service and the number of square feet
on the premises available for outside recreation for the children.
b.
Any and all physical changes to be made to the interior and exterior
of the property in association with such services.
c.
Copy of a State child day care license application and/or any license
issued by the State of Missouri for the same.
d.
Detailed information as to the days and hours which service is to
be available.
e.
The maximum number of children to be cared for, including children
residing in the home, under the age of thirteen (13) years.
f.
Information as to how parking for clients is to be provided.
4.
Upon receipt of the home day care permit application, plans and supporting
documents, the Director of Planning and Development Services or his/her
designee shall review the documents to determine completeness. If
the Director determines the submittal is complete, then the submittal
can be forwarded to the Plan Commission.
5.
The Plan Commission may approve as submitted, recommend additional
conditions to mitigate possible negative impacts or deny the home
day care permit. It shall be the responsibility of the applicant to
clearly establish that the following criteria are met:
a.
The service can be provided without disturbing the appearance and
tranquility of the neighborhood.
b.
The premises can accommodate the reasonably required off-street parking
and any physical changes reasonably necessary to provide the service.
c.
There are at least seven hundred fifty (750) square feet of contiguous
fenced outside play area in the rear yard of the premises regardless
of the number of children to be cared for and that such play area
does not include any common ground, public property or any other property
where possession is in fact shared with other residents or where other
residents have the right to use such property.
6.
The application may be approved subject to meeting the aforementioned
criteria and such reasonable conditions as may be necessary to avoid
adverse impact on nearby properties. Any permittee shall also be required
to obtain and maintain in force a business license as required by
the Finance Department of the City of Clayton.
7.
Child day care home approval shall not be issued, and may be revoked
if previously issued, if the operator thereof or any person regularly
on the premises has committed an act demonstrating a lack of fitness
to care for children including, but not limited to, the following:
8.
Child day care home approval shall not be issued, and may be revoked
if previously issued, if the operator of the facility operates it
in such a manner that the residential character of the neighborhood
is disturbed. For this purpose, the operator shall not permit the
following:
a.
Excessive noise in connection with the operation of the facility
which would annoy a person of ordinary sensibility; or
b.
Children to trespass on property where there is no permission for
the children to enter; or
c.
Operation of the facility in such a manner as to cause damage to
the property of others; or
d.
Operation of the facility in such a manner as to cause or contribute
to causing the permitted premises to become deteriorated.
[Ord. No. 5814 §1(2.15), 4-27-2004; Ord. No. 5935 §1(2.15), 7-11-2006]
A.
Inpatient or outpatient facilities for the treatment of alcohol and other drug abuse to be operated and located as stand-alone building(s) only. Drug rehabilitation facilities are conditionally permitted uses within the Service District ("S-1") Zoning District. Drug rehabilitation facilities are subject to the approval of the conditional use permit by the Board of Aldermen as per the provisions of Article VII of this Chapter.
B.
The
exterior appearance of the facility must be approved by the Architectural
Review Board to ascertain that it is consistent and compatible with
its surroundings.
[Ord. No. 5814 §1(2.16), 4-27-2004; Ord. No. 5935 §1(2.16), 7-11-2006; Ord. No. 6509, 11-28-2017[1]]
A.
Approval
of townhouse dwellings occupying more than one (1) platted lot shall
require an approved subdivision plat.
B.
Townhouse
dwellings may be constructed on adjacent separate lots (fee simple)
with a party wall connecting the units and, in such cases, each individual
lot shall meet the minimum lot width and lot area requirements provided
in this Article, but the side yard setback requirement at the common
wall between units shall not apply.
C.
No
row of townhouse dwellings shall contain more than five (5) connected
dwelling units.
D.
In
addition, each dwelling unit shall be provided with outdoor living
area in the form of individual patios, balconies, yards or terraces
equal to at least twenty percent (20%) of the floor area of each dwelling
unit. Enclosed garages shall not be included in the floor area calculations.
[1]
Editor's Note: Ord. No. 6509 also changed the title of this
Section from "Attached Single-Family Dwelling Structures (Town House)"
to "Townhouse Dwellings."
[Ord. No. 5814 §1(2.17), 4-27-2004; Ord. No. 5935 §1(2.17), 7-11-2006]
A.
A conditional
use permit is required in order to allow the development of detached
multi-unit housing/multiple structures on a single lot.
B.
Detached
multi-family dwellings may be constructed on multiple lots (fee simple),
in such cases, each individual lot shall meet the minimum lot area,
lot width, setback, height and parking requirements.
C.
Detached
multi-family dwellings constructed on a single lot (i.e., condominium;
not fee simple) must meet the minimum lot area, setback, height and
parking requirements.
D.
In
addition, each dwelling unit shall be provided with outdoor living
area in the form of individual patios, balconies, yards or terraces
equal to at least twenty percent (20%) of the floor area of each dwelling
unit. Enclosed garages shall not be included in the floor area calculations.
[Ord. No. 5814 §1(2.18), 4-27-2004; Ord. No. 5935 §1(2.18), 7-11-2006]
A.
A home
occupation is any profession being conducted in a residential dwelling
unit. The regulations governing home occupations are as follow:
1.
The home occupation must not employ on the premise persons not residing
in the home as part of the immediate family.
2.
Signage consists of only one (1) non-illuminated nameplate no more
than one (1) square foot in area and attached to the building.
3.
No mechanical equipment may be installed except that which has a
normal domestic function.
4.
No commodity may be stored on or delivered to others from or at the
premises.
5.
No more than twenty-five percent (25%) of the floor area of any story
may be used for the home occupation.
6.
Home occupations offering services to the general public on the premises
and causing any one (1) of the following nuisances shall be prohibited:
7.
Any home occupation that involves the congregation of two (2) or
more non-resident employees, clients, subcontractors or other persons
engaging in business activity at a dwelling unit are prohibited.
8.
No commercial vehicle(s) in connection with a home occupation shall
be stored or parked on the public street or on the premises, except
within a private garage.
[Ord. No. 5814 §1(2.19), 4-27-2004; Ord. No. 5935 §1(2.19), 7-11-2006]
A.
An
exterior self-standing accessory structure in a public place used
for providing and disseminating information. Privately owned and operated
kiosks may be approved as part of a larger development involving site
plan review and/or a planned unit development rezoning, if the development
provides adequate open space or public area. No privately owned kiosks
may be placed in the public right-of-way.
B.
City-owned
and operated kiosks which disseminate public information may be placed
on City-owned property. Additionally, City-owned and operated kiosks
may be located in the public right-of-way, subject to coordination
with and approval by the Department of Public Works.
[Ord. No. 5814 §1(2.20), 4-27-2004; Ord. No. 5935 §1(2.20), 7-11-2006; Ord.
No. 6022 §1(Att. B), 7-8-2008]
A.
Special development districts approved prior to the enactment of this Chapter shall be deemed to be the same as the existing special development district. Any enlargement, alteration or extension of an existing special development district shall be considered in accordance to Section 405.1320 of this Chapter.
B.
Conditional
uses with a planned unit development approved prior to the provisions
for planned unit development districts shall be deemed to have received
a rezoning to a planned unit development district. However, any enlargement,
alteration or extension to a conditional use with a planned unit development
deemed approved requires a rezoning to a planned unit development
district approved by the Board of Aldermen.
[Ord. No. 5814 §1(2.21), 4-27-2004; Ord. No. 5935 §1(2.21), 7-11-2006; Ord.
No. 6802, 1-24-2023]
A.
An accessory dwelling unit (ADU) is a type of accessory structure, either attached or detached, which provides complete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation and is located on the same site as the principal residence. Accessory dwelling units are permitted subject to approval of a conditional use permit as per Article VII of this Chapter and the following criteria:
1.
Accessory dwelling units are only permitted in the "R-1" and
"R-2" Large Lot and Single-Family Residential Dwelling Districts,
respectively.
2.
Accessory dwelling unit occupants must be related by blood,
marriage or adoption to, or be employed by, the occupants of the principal
residence. Employees must be engaged to do work on the premises.
3.
An accessory dwelling unit may not be rented, sold, transferred
or assigned separately from the principal residence. The owner shall
record a deed restriction to this effect as part of the conditional
use permit process required for an accessory dwelling unit.
4.
Maximum living area for an accessory dwelling unit in the "R-1"
Large Lot Single-Family Dwelling District is two thousand (2,000)
square feet.
5.
Maximum living area for an accessory dwelling unit in the "R-2"
Single-Family Dwelling District is one thousand (1,000) square feet.
6.
An accessory structure containing an accessory dwelling unit
may not exceed twenty (20) feet in height or occupy more than thirty-five
percent (35%) of the area of a required rear yard, but no accessory
structure shall be closer than ten (10) feet to the principal building
nor closer than five (5) feet from any side or rear property line.
7.
An accessory building that is not part of the principal structure
shall be located not less than sixty (60) feet from the front property
line.
8.
Required parking facilities (i.e., garage) may not be demolished
or converted in order to construct an accessory dwelling unit, unless
the required parking space(s) are replaced concurrently on the site.
9.
Each accessory dwelling unit shall be provided with one (1)
additional parking space in addition to the parking required for the
principal residence.
10.
The accessory dwelling unit shall conform to the color, material,
architectural style and detailing of the principal residence and shall
meet all other applicable Building Code requirements, zoning regulations,
developments standards and guidelines.
11.
A landscape plan which provides for adequate screening of the
accessory dwelling unit from neighboring properties must be approved
by the landscape architect on contract with the City of Clayton.
12.
Any waiver from the above-stated criteria will require approval
of a variance from the Board of Adjustment.
[Ord. No. 6398 §2, 10-27-2015]
A.
The service of alcoholic beverages by the drink where it is intended
as merely adjunct to the operation of a grocery store or package liquor
store shall be permitted as follows:
1.
All requirements pursuant to Chapter 600 of the Clayton Municipal Code, including proper licensure and locational restrictions, etc., shall apply.
2.
The facility shall not be advertised or otherwise held out to
be a drinking establishment, restaurant, bar or tavern.
3.
Establishments with alcohol service as an accessory use shall
affirm by affidavit, prior to the issuance of an occupancy permit,
that the sale of alcohol to patrons for consumption on the premises
will at all times be carried out in accord with the requirements of
this Section and shall be subordinate and accessory to the operation
of the grocery or package liquor sales business operated on the premises.
5.
The business shall be primarily engaged in the retail sale of distilled spirits, wine and malt beverages in the original package (package liquor store) or shall be classified as a grocery store, pursuant to Article III, Definitions.
6.
Package liquor stores and grocery stores shall derive at least
seventy-five percent (75%) of their gross annual sales of alcohol
from original packages, for consumption off the premises.
7.
Hours for the sale of alcoholic liquor for consumption on the
premises shall be in accordance with all the requirements of a conditional
use permit (where required) but in no case shall the sale of alcoholic
beverages take place outside of the normal business hours of the retail
store.
8.
If otherwise properly licensed to do so, the grocery store or
package liquor store may offer educational classes related to alcoholic
beverages, with or without a fee, and with or without complimentary
tastings.
[Ord. No. 6597, 6-11-2019; Ord. No. 6822, 3-28-2023]
A.
The purpose of this Section is to regulate the placement and licensing
of facilities for the dispensing, selling, storing, and testing of
marijuana and marijuana-infused products, to the extent permitted
by the Missouri Constitution, applicable statutes enacted by the General
Assembly, and regulations promulgated by the Missouri Department of
Health and Senior Services, and to protect the health, safety, and
welfare of the residents, businesses, and property owners in the City.
1.
For the purposes of this Section, “church” shall mean a permanent building primarily and regularly used as
a place of religious worship, and “daycare” shall mean a childcare facility as defined by Section 210.201, RSMo.,
or successor provisions, that is licensed by the State of Missouri.
2.
No marijuana related use, activity or facility 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.
3.
No more than a total of three (3) marijuana dispensary facilities
will be allowed within the City limits.
4.
Each marijuana testing or marijuana dispensary facility shall
be located on properties that meet the following distance requirements:
a.
No marijuana related uses shall be initially sited within five
hundred (500) feet of any then-existing elementary or secondary school,
child daycare, or church.
b.
No marijuana related uses shall be operated or maintained within
five hundred (500) feet of another marijuana related use except when
marijuana sales represent less than five percent (5%) of the dollar
volume of business in a State or Federally licensed pharmacy. Marijuana
related uses under the same ownership and on the same property are
exempt from this requirement.
c.
The distances described in this Section shall be computed as
follows:
(1)
Measurements shall be made along the shortest path between the
demarcation points that can be lawfully traveled by foot.
(2)
In the case of a freestanding facility, the distance between
the facility and the school, daycare, or church shall be measured
from the external wall of the facility structure closest in proximity
to the school, daycare, or church to the closest point of the property
line of the school, daycare, or church. If the school, daycare, or
church is part of a larger structure, such as an office building or
strip mall, the distance shall be measured to the entrance or exit
of the school, daycare, or church closest in proximity to the facility.
(3)
In the case of a facility that is part of a larger structure,
such as an office building or strip mall, the distance between the
facility and the school, daycare, or church shall be measured from
the property line of the school, daycare, or church to the facility's
entrance or exit closest in proximity to the school, daycare, or church.
If the school, daycare, or church is part of a larger structure, such
as an office building or strip mall, the distance shall be measured
to the entrance or exit of the school, daycare, or church closest
in proximity to the facility.
5.
Each marijuana cultivation facility or marijuana-infused products
manufacturing facility shall be located on properties that meet the
following distance requirements and are subject to the following land
area requirements:
a.
No marijuana related cultivation or manufacturing uses shall
be originally sited within seven hundred and fifty (750) feet of any
then-existing elementary or secondary school, child daycare, or church.
b.
No marijuana related cultivation or manufacturing facility shall
be operated or maintained within one thousand five hundred (1,500)
feet of another marijuana related use. Marijuana related uses under
the same ownership and on the same property are exempt from this requirement.
c.
The distances described in this Section shall be computed as
follows:
(1)
Measurements shall be made along the shortest path between the
demarcation points that can be lawfully traveled by foot.
(2)
In the case of a freestanding facility, the distance between
the facility and the school, daycare, or church shall be measured
from the external wall of the facility structure closest in proximity
to the school, daycare, or church to the closest point of the property
line of the school, daycare, or church. If the school, daycare, or
church is part of a larger structure, such as an office building or
strip mall, the distance shall be measured to the entrance or exit
of the school, daycare, or church closest in proximity to the facility.
(3)
In the case of a facility that is part of a larger structure,
such as an office building or strip mall, the distance between the
facility and the school, daycare, or church shall be measured from
the property line of the school, daycare, or church to the facility's
entrance or exit closest in proximity to the school, daycare, or church.
If the school, daycare, or church is part of a larger structure, such
as an office building or strip mall, the distance shall be measured
to the entrance or exit of the school, daycare, or church closest
in proximity to the facility.
d.
No marijuana related cultivation or manufacturing facility shall
be located, operated or maintained on property that is less than seven
(7) acres in size.
6.
The waiting area and the area of a marijuana dispensary facility where marijuana or marijuana-infused products are physically delivered to a consumer, as defined in Article XIV of the Missouri Constitution, shall be separated by a solid wall and solid door so that persons in the waiting area are obstructed from observing the delivery of the marijuana or marijuana-infused products. No loitering will be permitted at any facility.
7.
No marijuana or marijuana-infused product shall be displayed
to be visible through glass, windows, or doors by a person of normal
visual acuity standing at the outside perimeter of a facility.
8.
“Drug Paraphernalia” as referenced in Section 215.540, and as defined in Section 195.010(18) [excluding subsection (f)], RSMo., as may be amended, may be lawfully sold at a marijuana dispensary facility. Such items may not be publicly displayed.
9.
The sale or consumption of alcohol within a facility is prohibited.
10.
No person under the age of eighteen (18) shall be allowed in
any portion of a marijuana testing facility, cultivation facility
or products manufacturing facility. The entrance to a facility shall
be clearly and legibly posted with notice indicating that persons
under the age of eighteen (18) are precluded from entering the premises.
11.
A marijuana dispensary facility shall not dispense more than
four (4) ounces of a usable form of marijuana per patient in a thirty-day
period, except as otherwise allowed by law [Art. 2, Sec 3(13) of the
Missouri Constitution]. All marijuana sold or otherwise distributed
shall be in a sealed container. Such packaging shall have a label
that indicates the quantity and advises the purchaser that the marijuana
is intended for use solely by the patient, and that any resale or
redistribution to any third person is a criminal violation.
12.
The consumption, inhalation or other personal use of marijuana
or marijuana-infused products on or within the premises of a marijuana
testing facility, marijuana dispensary facility, marijuana cultivation
facility or marijuana-infused products manufacturing facility is prohibited,
except that a marijuana testing facility may consume marijuana during
the testing process and only as the consumption relates to the testing
process.
13.
Security Plans. Marijuana testing facilities, marijuana cultivation
facilities, marijuana-infused products manufacturing facility and
marijuana dispensary facilities shall provide adequate security on
the premises, including, but not limited to, the following:
a.
Surveillance. Security surveillance cameras installed to monitor
each entrance to the facility along with the interior and exterior
of the premises to discourage and to facilitate the reporting and
investigation of criminal acts and nuisance activities occurring at
the premises. Security video shall be preserved for at least ninety
(90) days and be made available to Law Enforcement Officers upon demand.
b.
Inventory. All salable inventory of marijuana must be kept and
stored in a secured, locked manner.
c.
Safe. A locking safe or secure vault permanently affixed or built
into the premises to store any currency on site.
d.
Alarm System. Professionally monitored robbery alarm and burglary
alarm systems shall be installed and maintained in good working condition
within the facility at all times.
e.
Emergency Contact. Each facility shall provide the Chief of Police
with the name, cellular telephone number, electronic mail address,
and facsimile number of an on-site facility employee to whom the City
may provide notice of any operating problems associated with the facility.
It shall be the responsibility of the licensee to keep up to date
the contact information of the facility employee.
14.
Operating Plans. As a condition of processing of a conditional
use permit application, a facility operator shall provide at the time
of filing the business license application a detailed operations plan
and, upon issuance of a license, shall operate the facility in accordance
with the plan. Such plan shall include:
a.
Floor Plan. A plan showing the layout of the facility and the
principal uses of the floor area depicted. A marijuana dispensary
facility shall have a lobby waiting area at the entrance to the center
to receive clients, and a separate and secure designated area for
dispensing marijuana. The primary entrance of any stand-alone facility
shall be located and maintained clear of barriers, landscaping and
similar obstructions so that it is clearly visible from public streets,
sidewalks or site driveways. All storage areas shall be shown and
labeled.
b.
Odor Controls. A facility shall provide a plan for the mitigation
and control of odors and other environmental impacts which may emanate
from a facility. Such plan shall describe the ventilation system for
the premises. Appropriate ventilation systems to prevent any odor
of marijuana of fumes from leaving the premises of a facility or other
changes to a facility may be required to abate a public nuisance.
15.
Each facility shall at all times possess a current City business
license. By obtaining a City business license, the facility licensee
irrevocably consents to the immediate closure and cessation of operation
of the facility in addition to all other penalties or remedies available
by law for the failure to possess a current City business license.
16.
It shall be unlawful for any person to distribute, transmit,
give, dispense or otherwise provide marijuana as a home occupation.
17.
No marijuana dispensary facility, marijuana testing facility,
marijuana cultivation facility or marijuana-infused products manufacturing
facility shall be operated within the City without a valid license
issued by the Missouri Department of Health and Senior Services. No
marijuana or marijuana-infused products shall be acquired, certified,
delivered, processed, sold, stored, tested, or transported within
the City, except by persons or entities licensed for such purposes
by the Missouri Department of Health and Senior Services.
18.
Application Review Process:
a.
Site Review Permit. This preliminary permit reviews the proposed
marijuana related use for compliance with the City’s zoning
and location standards prior to issuance of State license. A draft
of proposed security and floor plans should also be provided. Site
review approval shall expire, and be of no effect, one (1) year after
the date of issuance thereof.
b.
Conditional Use Permit. Once State licensing has been received,
the conditional use permit shall include all relevant State approvals
and approved operating plans and security plans.
c.
Occupancy Permit. Once a conditional use permit and site review
permit is obtained, the applicant shall apply for an occupancy permit.
d.
Business License. Once an occupancy permit is obtained, the applicant
shall apply for a business license.
[Ord. No. 6690, 3-23-2021]
A.
These regulations shall be known, cited, and referred to as the Outdoor Lighting Standards Ordinance, Chapter 405, Article II, Section 405.360 of the Land Use Regulations of the City of Clayton. All references to these regulations shall be considered as references to Chapter 405 of the City of Clayton Land Use Regulations.
B.
Applicability.
These development standards shall apply only to the areas within the
City limits of the City of Clayton. As used in this Section the term
“Downtown Clayton” shall mean the geographical area delineated
by the boundary line identifying the “study area” shown
on Page 9 of the Downtown Clayton Master Plan Update and Retail Strategy,
adopted on November 23, 2010.
C.
Purpose.
The purposes of the outdoor lighting standards are to:
1.
Provide adequate light for safety and security;
2.
Promote efficient, operationally cost-effective lighting and to conserve
energy;
3.
Minimize light pollution, light trespass, and glare from light sources;
4.
Provide an environmentally sensitive nighttime environment;
5.
Prevent inappropriate, poorly designed or installed outdoor lighting;
and
6.
Promote quality lighting design; light fixture shielding, establish
maximum uniformity ratios and establish maximum light levels within
and at property lines.
D.
Legislative
History. The City’s Board of Aldermen adopted the outdoor lighting
standards of this Section on March 9, 2021, with an amortization provision
requiring that the outdoor lighting of all properties in the City
be brought into compliance with the standards of this Section no later
than five (5) years after the effective date of March 9, 2021.
E.
Scope.
This Section shall apply to all exterior lighting that impacts the
outdoor environment. No person shall install or maintain any light
fixture unless such fixture meets the requirements of this Section.
If an existing light fixture is removed, it shall only be replaced
with a conforming light fixture.
F.
Design
Standards For Non-Residential Land Uses. No person shall install or
maintain any exterior lighting that fails to meet the requirements
of this Section:
1.
Maximum Horizontal Light Levels. The maximum horizontal light level,
defined as the light level that is at existing grade on any point
on a property line, shall not exceed 0.1 footcandles within or adjacent
to a residential zone or 0.2 footcandles in non-residential zones.
In no case shall the maximum allowable light level within the right-of-way,
excluding streetlights, exceed 0.2 footcandles when measured at the
curb line.
2.
Maximum Vertical Light Levels. The maximum vertical light level defined
as the light level that is one story (10 feet) above grade or higher,
shall not exceed the levels set forth in 405.360(F)(1).
3.
White Light Source Required. White light sources that include, without
limitation, Light Emitting Diode (L.E.D.), metal halide, fluorescent,
or induction lamps, but excluding incandescent and halogen lamps,
shall be required for any light fixture which exceeds two thousand
four hundred (2,400) lumens that is within a parking lot, vehicular
circulation, or pedestrian use area.
4.
Architectural lighting of non-residential accessory structures is
subject to the same regulations as principal structures.
5.
Shielding means that the outdoor lighting fixture is constructed
so that all of the light emitted by the fixture is projected below
the horizontal plane of the lowest point of the fixture. Any structural
part of the luminaire providing this shielding shall be permanently
affixed so that no light is able to be emitted above the horizontal
plane.
6.
Color Temperature. All exterior lighting installed after March 9,
2021, shall not exceed a correlated color temperature (CCT) of three
thousand one (3,001) degrees Kelvin.
7.
Any light fixture located within twenty (20) feet of a property line,
of a residential zoning district, an existing residential use, or
within twenty (20) feet of a public right-of-way shall be:
a.
Aimed away from the property line, residential zone, residential
use, and/or right-of-way;
b.
Classified as an IESNA Type III or Type IV light fixture; and
c.
Fully shielded by a material that diffuses or obscures the light
on the side closest to the property line, residential zone, residential
use, or public right-of-way.
G.
Architectural
Lighting Of Building Facades For Non-Residential Land Uses. The lighting
of a building facade for architectural, aesthetic, or decorative purposes
is allowable, provided Architectural Review Board approval has been
granted, and subject to the following restrictions:
1.
Upward and downward aimed building facade lighting shall not exceed
fifteen hundred (1,500) lumens. All light fixtures shall be fully
shielded, and fully confined from projecting into the sky by eaves,
roofs, shields, or overhangs, and mounted as flush to a wall as possible.
2.
Building facade lighting shall not spill beyond the vertical surface
of the wall being illuminated.
3.
Building facade lighting that is measurable at the ground level shall
be included in the maximum allowable light levels.
4.
Kinetic scenes, effects or chasing patterns are prohibited.
5.
Changes in lighting color, location and number of fixtures shall
be approved by the Architectural Review Board, except for temporary
color changes related to holiday or special event lighting for a maximum
period of forty (40) days per occurrence.
H.
Architectural
Lighting Of Building Tops. The lighting of a building roof or top
for architectural, aesthetic, or decorative purposes is only allowable
on properties located within Downtown Clayton, except for: (a) those
properties located north of the center line of Maryland Avenue, and
(b) those properties located north of the center line of Forsyth Boulevard
east of its intersection with Hanley Road, and provided Architectural
Review Board approval has been granted, and subject to the following
restrictions:
1.
Shall include programmable fixtures which dim as the evening progresses
to a maximum level of fifty percent (50%) at 11:00 p.m. and shall
be turned off no later than 12:00 a.m.
2.
Energy efficient and designed to minimize glare, light trespass and
sky glow.
3.
Building top lighting that is measurable at the ground level shall
be included in the maximum allowable light levels.
4.
Kinetic scenes, effects or chasing patterns are prohibited.
5.
Changes to lighting color, location and number of fixtures shall
be approved by the Architectural Review Board, except for temporary
color changes related to holiday or special event lighting, not exceeding
forty (40) days per occurrence. Property owners must notify the Department
of Planning and Development Services, in writing, before implementing
a temporary color change exceeding ten (10) days.
6.
Exposed linear lamps that include, without limitation, neon, Light Emitting Diode (L.E.D.), and fluorescent lighting, primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement except as permitted by Chapter 425, Sign Regulations, are prohibited as roof top lighting.
I.
Strings
Of Lights. No person shall use a string of lights on property with
non-residential uses except as follows:
1.
Strings of lights may only be used if they are approved by the City
Manager as part of an outdoor lighting plan or landscape plan. The
plan must comply with all of the standards of this Subsection. The
purpose of such lighting is intended to create pleasing pedestrian
spaces, such as outdoor dining or patio areas, utilizing low lighting
levels.
2.
Strings of lights permitted under this Subsection shall be displayed
in compliance with the following standards:
a.
The string of lights contains only low wattage bulbs that are not
greater than fifty (50) lumens per bulb (equivalent to a seven-watt
C7 incandescent bulb);
b.
The string of lights shall be located within a pedestrian way, plaza,
patio, outdoor dining area, or the primary entry into a building;
c.
The string of lights shall be displayed on a building, wall, fence,
trees, and shrubs; and
d.
The string of lights may suspend horizontally between any buildings,
walls, fences, trees, or shrubs but may not dip more than forty-five
degrees (45°) below horizontal.
J.
Emergency Lighting. Nothing in this Section shall preclude the requirements for emergency lighting as required in the Building Code or Codes of Laws and Ordinances in the City of Clayton. The installation of non-Code required lighting such as emergency call boxes or additional pathway lighting not required by Code, shall comply with all regulations contained with Section 405.360 and shall not exceed nine hundred (900) lumens.
K.
Canopy
Lighting. Lighting fixtures mounted under canopies used for vehicular
shelter shall be aimed downward and installed such that the bottom
of the light fixture or its lens, whichever is lower, is recessed
or mounted flush with the bottom surface of the canopy. A full cutoff
light fixture may project below the underside of a canopy. All light
emitted by an under-canopy fixture shall be substantially confined
to the ground surface directly beneath the perimeter of the canopy.
No lighting, except that permitted by the sign ordinance, shall be
permitted on the top or sides of a canopy.
L.
Flagpoles.
A flagpole may be illuminated by no more than four (4) upward aimed
fully shielded spotlight light fixtures which shall not exceed three
thousand (3,000) lumens in the aggregate. The light fixtures shall
be placed as close to the base of the flagpole as reasonably possible.
M.
Standards
For Lighting In Residential Areas.
1.
Lighting that emits nine hundred (900) to one thousand two hundred
(1,200) lumens is not required to be shielded and is permitted if
it is activated by a motion sensor, provided it is aimed and located
in such a manner that the light does not trespass over a property
line. The light shall only go on when activated and go off within
five (5) minutes of activation. Motion sensor activated lighting shall
not be triggered by any movement or activity located off the property
on which the light is located.
2.
Lighting that emits up to one thousand two hundred (1,200) lumens
and not activated by a motion sensor shall be within a fully shielded
fixture and shall not trespass over a property line, except as otherwise
permitted in this Section. (See Figure 1 of this Section, below.)
Figure 1: Fully Shielded Fixtures
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Examples of fully shielded light fixtures: Sconce, Pole, Canister,
and Canopy. In each case the fixture has a solid housing with a flat
lens or bottom and the bulb is fully within the housing.
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N.
Maximum Light Standards. No person shall operate any device which makes light in excess of the levels specified in Appendix A (See Subsection (V) of this Section). Light from any fixture shall not exceed any of the limits for the applicable zoning district or use classification in Appendix A (See Subsection (V) of this Section). In the event an applicant utilizes light levels at the highest level permitted for a specific use area, such lighting shall be substantially confined to that use area.
O.
Prohibitions.
No person shall install any of the following types of outdoor lighting
fixtures:
1.
Mercury vapor lamps;
2.
Any light fixture that may be confused with or construed as a traffic
control device;
3.
Any upward oriented lighting except as otherwise provided for in
this Section;
4.
Searchlights, beacons, and laser source light fixtures;
5.
Exposed linear lamps that include, without limitation, neon, Light Emitting Diode (L.E.D.), and fluorescent lighting, primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement except as permitted by Chapter 425, Sign Regulations; and
6.
After March 9, 2026, any lamp or bulb with a correlated color temperature
(CCT) that exceeds three thousand (3,000) degrees Kelvin.
P.
Lighting
Plans Required. A lighting plan shall be submitted with any building
permit application in which outdoor lighting is proposed or required
the lighting plan shall include:
1.
A site plan showing the location of all buildings and building heights,
parking, and pedestrian areas on the lot or parcel;
2.
The location and description including mature height of existing
and proposed trees and the location of light fixtures on adjacent
properties or the street right-of-way within ten (10) feet of the
subject property;
3.
The location and height above grade of all proposed and existing
light fixtures on the subject property including all external building
mounted, landscape and site lighting;
4.
The type, initial lumen rating, color rendering index, and wattage
of each lamp source;
5.
The general style of the light fixture such as cutoff, lantern, coach
light, globe, and a copy of the manufacturer's catalog information
sheet and IESNA photometric distribution type, including any shielding
information such as house side shields, internal, and/or external
shields;
6.
Control descriptions including type of controls (timer, motion sensor,
time clock, dimmers, etc.), the light fixtures to be controlled by
each type, and control schedule keyed to each exterior light fixture;
7.
Aiming angles and diagrams for sports lighting fixtures, including
maximum angles for adjustable light sources; and
8.
A light calculation which shows the maximum light levels on a grid
not to exceed ten (10) feet by ten (10) feet across the entire site
and a minimum of ten (10) feet beyond the lot or parcel property line.
The grid shall also indicate maximum to minimum uniformities for each
specific use area such as parking and circulation areas, building
façade, landscaping and site lighting and pedestrian areas,
and other common public areas. Calculations should be horizontal at
grade.
Q.
Final
Inspection And Certification. Prior to a building permit final inspection
or the issuance of a certificate of occupancy, the applicant shall
provide certification that the outdoor lighting as installed complies
with the approved illumination plan and the requirements of this Section
unless waived or amended by the City Manager in writing. The certification
shall be submitted in a format prescribed by the City Manager. The
certification shall be completed by the architect, electrical engineer,
electrical contractor, or lighting consultant responsible for the
plans or the final installation.
R.
Exceptions.
The standards of this Section shall not apply to the following types
of exterior lighting:
1.
Ornamental Lighting. Low voltage (twelve (12) volts or less), low
wattage ornamental landscape lighting fixtures, and solar operated
light fixtures having self-contained rechargeable batteries, where
any single light fixture does not exceed one hundred (100) lumens.
2.
Strings Of Light. Strings of light, not exceeding a maximum of fifty
(50) lumens per lamp, (equivalent of a seven watt C7 incandescent
light bulb) on properties located in all residential zoning districts
or on properties that are used exclusively for residential uses shall
be exempt from the requirements of this Section.
3.
Aviation Lighting. Lighting used exclusively for aviation purposes.
All heliport lighting, except lighting associated with emergency facilities,
shall be turned off when the heliport is not in use.
4.
Right-of-Way Lighting. Public lighting that is located within the
right-of-way.
5.
Seasonal Lighting Displays. Lighting displays from November 15 through
January 30 of the following year.
6.
Sports Fields. Lighting at sports fields, to the extent the lighting
is necessary to maintain certification for league and tournament play
at the field.
S.
Exemptions.
The City Manager is authorized to grant exemptions to this Section
in accordance with the following standards:
1.
Equivalent Material. The provisions of this Section are not intended
to prevent the use of any design, material or method of installation
not specifically prohibited by this Section provided any such alternate
has been approved by the City Manager. The City Manager may approve
any such alternate provided that the proposed design, material, or
method provides an approximate equivalent method of satisfying the
standards of this Section.
2.
Historic Lighting. The City Manager may grant an exemption from the
provisions of this Section if the Manager finds the following:
a.
The lighting fixture is located on a property designated as a landmark
or recognized as a contributing property to a designated historic
district;
b.
The lighting fixture is of historic significance to the property;
and
c.
Removal of or a modification to the lighting that would otherwise
be required to come into compliance with the requirements of this
Section would have an adverse impact on the historic character of
the property.
3.
The City Manager may grant an exemption from the provisions of this
Section if the City Manager finds that it meets one (1) of the following
criteria. Any exemption must be the minimum exemption that provides
the relief required.
a.
There are special circumstances or conditions applying to the land,
buildings, or outdoor light fixtures for which the exemption is sought,
which circumstances or conditions are peculiar to such land, buildings
or outdoor light fixtures and do not apply generally to the land,
buildings or outdoor light fixtures in the neighborhood;
b.
For non-residential uses, there are occupational safety lighting
requirements for activities or processes that occur outdoors that
are required by another governmental agency; or
c.
Upon a finding by the City Manager that outdoor lighting in specific
areas of the community, that otherwise meets the requirements of this
Section is not adequate and additional lighting is necessary to improve
safety or security for the property or its occupants; and
d.
The granting of the exemption will generally be consistent with the
purpose of this Section and will not be injurious to the neighborhood
or otherwise detrimental to the public welfare.
4.
Temporary Lighting Exemption. The City Manager may grant an exemption
from the requirements of this Section for temporary outdoor activities
that include, without limitation, fairs, carnivals, sporting events,
concerts, and promotional activities, if the City Manager finds the
following:
a.
The length of time that the temporary lighting is to be used is no
longer than thirty (30) days;
b.
The proposed lighting is designed in such a manner as to minimize
light pollution, light trespass, and glare as much as feasible; and
c.
The proposed lighting will comply with the general purpose of this
Section.
T.
Amortization.
All exterior lighting fixtures which do not conform to the following
standards shall be brought into conformance no later than five (5)
years from the effective date of this Section.
1.
Extension Of Amortization Period. The City Manager may extend the
amortization period of this Section. The City Manager shall provide
a compliance date for meeting the requirements of this Section under
a plan whereby the owner's actual investment in the improvements before
the time that the use became non-standard under this Section can be
amortized within a definite time. The City Manager shall consider
the following factors in determining a reasonable amortization period:
a.
The owner's investment in improvements and other assets on the property
before the time the improvements became non-standard.
b.
Any costs that are directly attributable to the establishment of
a compliance date, including demolition expenses and reconstruction
expenses.
c.
Any return on investment since inception of the use, including net
income and depreciation.
d.
The anticipated annual recovery of investment, including net income
and depreciation.
2.
Compliance Requirement. If the City Manager establishes a compliance
date for a non-conforming use, the use must cease operations on that
date, and it may not operate thereafter unless it meets the lighting
standards of this Code.
3.
Appeal. A property owner that requested the extension of an amortization period under this Section that is aggrieved by any decision of the City Manager denying such an extension may appeal to the Board of Adjustment by providing a notice to the director of the Department of Planning and Development of the owner's intent to appeal within fourteen (14) days after receiving notice of the City's decision. The hearing shall be held in conformance with the requirements of Section 405.600.
4.
Exempt From Amortization Requirements. The following shall be exempt
from the amortization provisions, but not the shielding requirements,
of this Section:
U.
Immediate
Compliance Required. No person shall fail to comply with, and no property
owner shall fail to ensure compliance of its property with the following:
1.
Operation of unshielded mercury vapor light fixtures is prohibited.
2.
Installation and operation of a light bulb that does not meet the
requirements of this Section is prohibited.
3.
Fixtures shall be aimed consistent with the requirements of this
Section.
4.
Installation of programmable fixtures pursuant to Section 405.360(H)(1).
V.
Appendix A to this Section 405.360.
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ZONING DISTRICT REQUIREMENTS
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Residential Zoning Districts (Not Including Public Uses)
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Commercial, Service, Downtown Clayton, Mixed uses including
office and retail/restaurant
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Public Uses in Residential Zones
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Maximum allowable light levels (measured in footcandles)
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5.0 at building entries
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5.0 at building entries
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5.0 at building entries
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3.0 in parking areas
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5.0 in parking areas
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5.0 in parking lots
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3.0 along pedestrian walkways
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3.0 along pedestrian walkways
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3.0 along pedestrian walkways
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2.0 in common open space areas
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2.0 in outdoor storage areas (maximum uniformity ratio requirements
are not applicable)
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Maximum uniformity ratio (maximum to minimum)
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n/a
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10:1 (except as noted above)
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15:1
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Maximum lumen rating for a full cutoff luminaire shielded from
view of adjacent streets and properties
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8,500 - parking areas of 6 or more spaces
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8,500 - pedestrian areas 14,000 - parking and loading areas
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14,000 - parking and loading areas
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4,000 - walkway lights and common areas
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23,500 on 35 foot pole when permitted (parking and loading areas)
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1,800 stairways and entryways
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16,000 for high pressure sodium when permitted
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Maximum lumen rating for a partially shielded (IES TM-15-11
G1 rating) fixture
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900
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1,250
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1,250
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Maximum lumen rating for an unshielded light fixture
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900: except no lamp or bulb, other than for seasonal displays
and landscape ornamental lighting, shall be visible beyond the property
line
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900
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900
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Controls
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Motion sensors required for all unshielded fixtures in excess
of 900 lumens
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Recommended after close of business
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Recommended after close of business
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Maximum allowable pole height (includes base, pole and luminaire)
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20 feet in parking lots
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25 feet in parking lots
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20 feet in parking lots within or adjacent to residential zones,
otherwise 25 foot maximum
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15 feet in all other areas
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35 feet for contiguous parking lots of 5 or more acres in size
20 feet in all other areas
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OTHER USE REQUIREMENTS
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Open Parking Structures and Parking Below a Building
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Private Recreation Use
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Public Recreation Use
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Service Stations, Automobile Dealerships, Drive-Thru Windows
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Maximum allowable light levels (measured in footcandles)
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5.0 within open parking structure and parking below a building
5.0 for uncovered upper levels
5.0 for covered exterior pedestrian circulation areas that are
a part of a parking structure or parking below a building
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The lesser of 30 footcandles or the IESNA recommended standards
for the specific sports venue
5.0 in parking lots
4.0 in pedestrian areas
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The IESNA recommended standards for the specific sports venue
5.0 in parking lots
4.0 in pedestrian areas
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5.0 in building entries and drive-up windows
20.0 under service station canopies
15.0 within vehicular display areas
5.0 in parking lots
3.0 along pedestrian walkways
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Maximum uniformity ratio (maximum to minimum)
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5:1 within parking structure
10:1 remainder of site
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3:1 on sports field or court
10:1 remainder of site
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3:1 on sports field or court
10:1 remainder of site
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10:1
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Maximum lumen rating for a full cutoff light fixture shielded
from view of adjacent streets and properties
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14,000
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23,500 for field or court area
8,500 for parking and pedestrian areas
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107,000 for sports field
23,500 for courts
14,000 for parking areas
8,500 for pedestrian areas
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14,000
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Maximum lumen rating for a partially shielded (IES TM-15-11
G1 rating) fixture
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1,800
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1,250
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4,000
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1,800
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Maximum lumen rating for an unshielded light fixture
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900
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900
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900
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900
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Sports shielding
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n/a
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Internal and external
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Internal and external
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n/a
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Light fixture aiming angle
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n/a
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n/a
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Not greater than 60 degrees from nadir
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n/a
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Controls
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Automatic daylight adaptation controls required
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Field or court lights shall be turned off within 30 minutes
of the last event or 12:00 midnight, whichever is earlier
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Field or court lights shall be turned off within 30 minutes
after the last event
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Service station canopies and vehicular display lights shall
not exceed 5.0 footcandles within 1 hour of the close of business
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Maximum allowable pole height (includes base, pole, and light
fixture)
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12 feet for uncovered upper level parking
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20 feet in residential zones
25 feet in all other zones
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20 feet in parking lots within or adjacent to residential zones,
otherwise 25 feet
35 feet for sports lighting or as approved by the city manager
per Section 9-2-14, "Site Review," B.R.C. 1981
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20 feet when adjacent to residential zones, otherwise 25 feet
in parking lots
20 feet in all other areas
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