[R.O. 2005 Art. I, Zoning]
A.
This
Chapter shall be known as and may be cited as the "Ellisville Zoning
Code". The City reserves the right to make any necessary changes to
Article, Section and Subsection numbering and/or lettering scheme
sequencing, expansions, reductions, rearranging and other adjustments
to this Chapter which may or may not be done in conjunction with other
amendments to or codification of these regulations.
B.
In
order to promote the health, safety, morals and general welfare of
the community and in order to lessen congestion in the streets; to
secure safety from fire, panic and other dangers; to promote health
and general welfare; to provide adequate light and air; to prevent
the overcrowding of land; to avoid undue concentration of population;
and to facilitate the adequate provision of transportation, water,
sewage, schools, parks and other public requirements; and to secure
economic and coordinated land use, all of the land in the City shall
be zoned and divided as provided in this Chapter.
[R.O. 2005 §§30-18, 30-83; CC 1997 §30-25; Ord. No. 1995 §1, 7-19-1995; Ord.
No. 2081 §1, 6-5-1996; Ord. No. 2098 §3, 7-17-1996; Ord.
No. 2105 §1, 8-21-1996; Ord. No. 2266 §1, 7-1-1998; Ord.
No. 2268 §1, 8-5-1998; Ord. No. 2288 §1, 11-18-1998; Ord. No. 2450 §1, 8-15-2001; Ord. No. 2751 §1, 3-1-2006; Ord.
No. 2848 §5(B), 10-15-2007; Ord. No. 2932 §1, 2-4-2009; Ord.
No. 2942 §1, 5-20-2009; Ord. No. 2948 §2, 7-15-2009; Ord.
No. 3037 §1, 8-17-2011; Ord. No. 3095 §1, 12-19-2012]
A.
For
the purpose of this Chapter, certain terms and words are hereby defined.
Words used in the present sense shall include the future; the singular
number shall include the plural and the plural the singular; the word "building" shall include the word "structure". The word "shall" is always mandatory and not merely
directory. The word "may" is directory and discretionary
and not mandatory.
B.
Unless
a contrary intention clearly appears, the following words and phrases
shall have the meanings given in the following clauses for purposes
of this Chapter. Words and phrases which are not defined shall be
given their usual meaning except where the context clearly indicates
a different or specific meaning.
C.
ACCESSORY BUILDING
1.
2.
3.
4.
ACCESSORY USE
ACRE
ACT
ADULT BOOKSTORE OR NOVELTY STORE
ADULT ENTERTAINMENT BUSINESS OR ESTABLISHMENT
ADULT ENTERTAINMENT FACILITY
AGGRIEVED PARTY
AGL
ALLEY
ALTERATION
ANCILLARY STRUCTURE
ANTENNA
ANTENNA SUPPORT STRUCTURE
APARTMENT
APARTMENT DWELLING
APPLICANT
APPLICATION
AUTOMOBILE REPAIR
AUTOMOBILE SERVICE
AUTOMOBILE WASH
AUTOMOTIVE SALES
BAR B QUE RESTAURANT
BASEMENT
BATHHOUSE
BOARDING KENNEL
BRICK
BRICK VENEER
BUILDING
BUILDING HEIGHT
BUILDING LINE (SETBACK)
CABINET
CALIPER
CANOPY TREE
CATERING SERVICE
CELLAR
CEMETERY
CHECK-CASHING/PAYDAY LOAN ESTABLISHMENT
CHRISTMAS TREE LOTS
CHURCH
CIGAR BAR
CIRCUS
CITY
CLINIC
CODE
COMMUNICATION TOWER MULTI-USE INTEREST AREA
COMMUNICATIONS OR TELECOMMUNICATIONS
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
CONDOMINIUM
COSMETIC TATTOOING
COUNCIL
CRAFT/MICROBREWERY, CIDERY, WINERY OR DISTILLERY
CURB REQUIREMENT
DAY CARE CENTER
DAY CARE HOME
DAY SPA
DECIDUOUS PLANT
DEVELOPMENT PLAN
DISGUISED SUPPORT STRUCTURE
DWELLING
DWELLING, MULTIFAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
EXCAVATION
FAA
FAMILY
FCC
FENCE
FENCE, SIGHTPROOF
FILL
FINANCIAL INSTITUTION
FIREARMS
FIREARMS SALES ESTABLISHMENT
FIREWALL
FIRING/SHOOTING RANGE
FLOOR AREA—LIVING AREA
FRONTAGE
FUNERAL HOME
GARAGE/CARPORT, PRIVATE
GARAGE, PUBLIC
GARAGE, STORAGE
GASOLINE FILLING STATION
GRADE
GRADING
GROUND COVER
GROUP HOME
HEIGHT
HOME OCCUPATION or HOME-BASED BUSINESS
HOOKAH LOUNGE
HOSPITAL
HOTEL
LANDSCAPED AREA
LOADING SPACE
LODGING ESTABLISHMENT
LOT
LOT, CORNER
LOT, DEPTH OF
LOT, DOUBLE FRONTAGE
LOT, PARCEL OF RECORD
LOT WIDTH
MANEUVERING SPACE
MANUFACTURED HOME
MARIJUANA MICROBUSINESS DISPENSARY FACILITY
MARIJUANA MICROBUSINESS WHOLESALE FACILITY
MARIJUANA or MARIHUANA
MARIJUANA TESTING FACILITY
MARIJUANA-INFUSED PRODUCTS
MASONRY CONSTRUCTION
MASSAGE
MASSAGE THERAPY SERVICES
MEDICAL MARIJUANA CULTIVATION FACILITY
MEDICAL MARIJUANA DISPENSARY FACILITY
MEDICAL MARIJUANA PRIMARY CAREGIVER
MEDICAL MARIJUANA QUALIFYING PATIENT
MEDICAL MARIJUANA TESTING FACILITY
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
MINI-SHOP
MIXED-USE DEVELOPMENT
MODELING STUDIO
MODIFICATION
MODULAR UNIT
MORTUARY
MOTEL
MOTOR VEHICLE
MULTI-TENANT RETAIL BUILDING
MUNICIPAL OPEN AIR MARKET
NO-IMPACT HOME-BASED BUSINESS
NON-CONFORMING LOT
NON-CONFORMING PROJECT
NON-CONFORMING STRUCTURE
NON-CONFORMING USE
NURSERY
NURSING HOME AND FACILITIES
OFFICE, GENERAL
OFFICE, MEDICAL
OPEN SPACE
OUTDOOR BOOK EXCHANGE BOX
OUTDOOR STORAGE
PARK TREES
PARKING SPACE
PARKING SPACE, DISABLED
PAWNBROKER
PAWNSHOP
PERSON
PIERCING STUDIO OR ESTABLISHMENT
PLACE
PREROLL
PRIVATE TREES
1.
2.
RENTAL OR LEASING OF PASSENGER MOTOR VEHICLES FACILITY
RESALE/CONSIGNMENT SHOP
RESTAURANT
RETAIL TOBACCO STORE
RETIREMENT COMPLEX
SCHOOL
SCHOOL, PUBLIC
SHELTER, TELECOMMUNICATIONS EQUIPMENT
SHOPPING CENTER
SIGN
SITE
SITE PLAN
SPECIFIED SEXUAL ACTIVITIES
STABLE, PRIVATE
STORAGE FACILITY
STORY
STORY, HALF
STREET
STREET LINE
STREET TREES
STRUCTURAL ALTERATIONS
STRUCTURE
SUPPORT STRUCTURE, TELECOMMUNICATIONS TOWER
TATTOOING
TATTOOING ESTABLISHMENT
TELECOMMUNICATIONS FACILITIES
1.
2.
3.
TEMPORARY FOOD VENDOR
TEMPORARY VENDOR
TOWER, TELECOMMUNICATIONS
TOWN CENTER
TREE CANOPY COVERAGE
TRUCK RENTAL FACILITY
USED MOTOR VEHICLE LOT OR SALES
VAPOR LOUNGE
VEHICULAR USE AREAS
WHEEL STOP REQUIREMENT
WOODLANDS, MATURE
WOODLANDS, YOUNG
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING DISTRICT
Definitions. As used in this Chapter, the following terms
shall have these prescribed meanings:
A structure that:
Is ancillary and subordinate to and serves a principal building
or structure;
Is subordinate in area, extent, and purpose to the principal
structure;
Contributes to the comfort, convenience or necessity of the
occupants, business, or industry of the principal structure; and
Is located on the same lot with such principal building. An
accessory structure attached to a principal building in a substantial
manner by a wall or roof shall be considered part of the principal
structure.
|
An accessory structure may feature finished area, but not a
kitchen, cooking facility, fireplace, sleeping area, partial or full
bathroom. An accessory structure, as herein defined, shall not be
deemed a habitable structure.
|
A subordinate use which is incidental to and customary in
connection with the principal building or use and which is located
on the same lot with such principal building or use.
Unit of land measure; forty-three thousand five hundred sixty
(43,560) square feet. As a square, an acre measures two hundred eight
and seventy-one hundredths (208.71) feet on each side.
The Federal Communications Act of 1934 as amended by the
Telecommunications Act of 1996 and as may, from time to time, be amended.
An establishment having either ten percent (10%) or more
of (1) its stock in trade in books, photographs, magazines, films
for sale or viewing on or off the premises by use of motion picture
devices, video players, DVD players, computers or coin-operated means,
or other periodicals which are distinguished or characterized by their
principal emphasis on matters depicting, describing or relating to
sex or sexual activity or the principal purpose of which is to sexually
stimulate or sexually arouse the patron viewer or reader; or (2) instruments,
devices, or paraphernalia that are designed or marketed for use in
connection with specified sexual activities.
Any of the establishments, businesses, buildings, structures
or facilities which fit within the definition of adult bookstore or
novelty store, adult entertainment facility, bathhouse, massage parlor
or shop and/or modeling studio.
Any building, structure or facility which contains or is
used entirely or partially for commercial entertainment, including
theaters used for presenting live presentations, video tapes, DVDs
or films predominantly distinguished or characterized by their principal
emphasis on matters depicting, describing, or relating to specified
sexual activities, and exotic dance facilities (regardless of whether
the theater or facility provides a live presentation, video tape,
DVD, or film presentation), where the patrons either: (1) engage in
personal contact with, or allow personal contact by employees, devices
or equipment, or by personnel provided by the establishment which
appeals to the prurient interest of the patrons; or (2) observe any
live presentation, video tape, DVD or film presentation of persons
wholly or partially nude, unless otherwise prohibited by ordinance,
with their genitals or pubic region exposed or covered only with transparent
or opaque covering, or in the case of female persons with the areola
and nipple of the breast exposed or covered only with transparent
or opaque covering or to observe specified sexual activities.
A party entitled to resort to a remedy.
Above ground level. Ground level shall be determined by the
average elevation of the natural ground level within a radius of fifty
(50) feet from the center location of measurement.
A public or private thoroughfare which affords only a secondary
means of access to abutting property.
A physical change in a structure or an addition to a structure.
The term "alteration" includes renovation, modification,
rehabilitation and restoration.
An attached or detached accessory building for uses including,
but not limited to, greenhouses, tool and garden equipment, machinery
storage sheds and swimming pool cabanas.
Any device that transmits and/or receives radio waves for
voice, data or video communications purposes including, but not limited
to, television, AM/FM radio, microwave, cellular telephone and similar
forms of communications. The term shall exclude satellite earth station
antennae less than two (2) meters in diameter (mounted within twelve
(12) feet of the ground or building-mounted) and any receive-only
home television antennae.
A telecommunications tower.
A room or suite of rooms within a multiple dwelling building,
provided with a separate cooking and sanitary facilities and intended
as a single dwelling unit.
A dwelling or building containing three (3) or more dwelling
units, each having a separate kitchen and bath facility and intended
for families living independent of each other.
Any person that applies for a conditional use permit for
an antenna, tower or disguised support structure pursuant to this
Chapter.
The process by which an applicant submits a petition to be
granted a conditional use permit to operate, collocate, install, build,
alter, modify, replace or expand any antenna, tower or disguised support
structure within the City of Ellisville. An application includes all
written documentation, verbal statements and representations, in whatever
form or forum, made by an applicant to the City concerning such petition.
Any building and/or structure, improvements, or land used
for the general repair, adjusting, overhauling, removing, replacing,
rebuilding, or reconditioning of automobiles and engines, including,
but not limited to, body, frame or fender straightening or repair,
welding, painting, or upholstery work, collision repair, vehicle steam
cleaning, but excluding the assembly, disassembly, dismantling or
salvage of automobiles, in whole or in part. Abandoned vehicles shall
not be stored on the premises.
[Ord. No. 3222 §1, 7-15-2015]
Any building and/or structure, improvements, or land used
for the replacement of any part, or repair of any part, to an automobile
that does not require removal of the engine head or pan, engine transmission
or differential, including, but not limited to, oil change and lubrication,
cooling, electrical, fuel and exhaust systems, wheel alignment and
balancing, brake adjustment, relining and repairs, mufflers, batteries,
new tire services and sales, shock absorbers, installation of stereo
equipment, car alarms or cellular phones, but excludes dismantling,
rebuilding, reconditioning, or salvage of automobiles, in whole or
in part. No abandoned vehicles shall be stored on the premises. No
vehicle to be serviced shall remain on the premises more than forty-five
(45) days.
[Ord. No. 3222 §1, 7-15-2015]
A building or portion thereof containing facilities for washing
one (1) or more automobile(s), using production-line methods with
a chain conveyor, blower, steam-cleaning device or other mechanical
devices within an enclosed building and/or structure or a self-service
facility with one (1) or more wash bay(s) that is free or coin-operated.
Car wash also includes operations that are done by hand such as auto
detailing.
[Ord. No. 3222 §1, 7-15-2015]
The sale of new or the sale of new and used motor vehicles,
motor homes, recreational vehicles, horse trailers, motorcycles, manufactured
or mobile homes, trailers and boats.
Any business establishment whose principal business is providing
for the preparation of prepared foods on either a permanent indoor
or outdoor grill, pit or smoker specifically designed to roast or
broil on a rack over hot coals or on a revolving spit before or over
a source of heat or on a similar type portable outdoor grill.
A story having part but not less than one-half (½)
of its height below grade. A basement is counted as a story for the
purpose of height regulation only if it is subdivided by walls or
partitions and used for business or dwelling purposes.
An establishment or business which provides the services
of baths of all kinds, including all forms and methods of hydrotherapy,
unless operated or supervised by a medical or chiropractic practitioner
or professional massage or physical therapist licensed by the State.
Any establishment where pet animals owned by another person
are temporarily boarded for pay or compensation.
[Ord. No. 3131 §1, 10-16-2013]
A shaped and hard fired modular construction or facing unit
comprised of clay, shale or similar naturally occurring earthy substances.
A facing of masonry units, each having a minimum thickness
of three and five-eighths (3 5/8) inches, securely anchored to steel
or wooden studs, but not so bonded as to exert common action under
load.
Any structure designed or intended for the support, enclosure,
shelter or protection of persons, animals, chattels or property of
any kind. When a structure is divided into separate parts by unpierced
walls, each portion of such building so separated shall be deemed
a separate building.
The vertical distance measured from the lowest exposed point
of the building or structure to the highest point of the building
or structure.
The required minimum distance as established by the regulation
of a particular zoning district from the road right-of-way line, road
right-of-way centerline or lot line that establishes the area within
which a structure can be erected or placed.
A structure for the protection and security of communications
equipment associated with one (1) or more antennae and antenna support
structures where direct access to equipment is provided from the exterior
and that has a horizontal dimensions that do not exceed four (4) feet
by six (6) feet and vertical height that does not exceed six (6) feet.
A measurement of the size of a tree equal to the diameter
of its trunk measurement at four and one-half (4½) feet above
natural grade. If a tree splits into two (2) or more trunks below
four and one-half (4½) feet, then the trunk is measured at
its most narrow point below the split. For newly planted trees the
caliper measurement will be taken six (6) inches above natural grade.
Large stature at maturity shade tree (Oak, Maple, Ash, Linden,
Locust, etc.), not to include evergreens or decorative small stature
flowering trees (Dogwoods, Red Buds, Crab Apple, etc.).
An establishment in which the principal use is the preparation
of foods and meals on the premises and where such food and meals are
delivered to another location for consumption.
A story having more than one-half (½) of its height
below grade and is also not considered to be habitable. A cellar is
not included in computing the number of stories for the purpose of
height measurements.
Land used or dedicated to the burial of the dead, including
crematoriums, mausoleums, mortuaries, necessary sales and maintenance
facilities.
A business which engages in check-cashing for, or short-term
loans (collateralized or not) to, the public as a primary or substantial
element of its business and which is not a financial institution as
defined in this Chapter.
A sales operation conducted by a not-for-profit organization
generally located wholly outdoors that offers the sale of Christmas
trees, wreaths, stands and garlands on a temporary basis. The allowable
sales period generally extends from the Thanksgiving holiday through
December twenty-fifth (25th). (Permitted in "R-1" and "C-3".)
A structure in which a religious society, congregation or
body of worshippers gather.
Any facility, establishment, or location where the primary
use is the smoking of cigars.
[Ord. No. 3171 §1, 8-20-2014; Ord. No. 3222 §1, 7-15-2015]
A performance for amusement given by a traveling company
in an open site within temporary enclosures for a limited duration.
Said duration shall not exceed three (3) days, only two (2) of which
are for performances, per annum.
The City of Ellisville, a municipal corporation, in the State
of Missouri acting by and through its City Manager or his/her designee.
An institution providing diverse health care or medical treatment
for outpatient or ambulatory sick or injured persons, including medical
personnel and ancillary facilities such as laboratories, but not including
inpatient care or operating rooms for major surgery.
The City of Ellisville Municipal Code.
An area as designated by the map of the same title indicating
general locations in which more than one (1) wireless service provider
may potentially seek to locate an antenna facility and in which the
construction of co-locatable towers will be required. The map may
be periodically revised in response to new information received regarding
tower sites sought by wireless providers. A multi-use interest area
shall be designated as appropriate for towers within one (1) mile
of each other, unless the applicant demonstrates to the contrary.
The transmission, between or among points as specified by
the user, of information of the user's choosing, without change in
the form or content of the information as sent or received, by wire,
radio, optical cable, electronic impulses or other similar means.
As used in this definition, "information" means knowledge
or intelligence represented by any form of writing, signs, signals,
pictures, sounds or any other symbols.
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 marijuana, marijuana seeds, marijuana vegetative
cuttings (also known as "clones") to a medical facility, comprehensive
facility, or marijuana testing facility. A comprehensive marijuana
cultivation facility need not segregate or account for its marijuana
products as either non-medical marijuana or medical marijuana. A comprehensive
marijuana cultivation facility's authority to process marijuana shall
include the creation of prerolls, but shall not include the manufacture
of marijuana-infused products.
[Ord. No. 3542, 2-1-2023]
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 to a qualifying patient
or primary caregiver, as those terms are defined in Section 1 of Article
XIV of the Missouri Constitution, or consumer, anywhere on the licensed
property or to any address as directed by the consumer and consistent
with the limitations of Section 2 of Article XIV of the Missouri Constitution
and as otherwise allowed by law, to a comprehensive facility, a marijuana
testing facility, or a medical facility. Comprehensive dispensary
facilities may receive transaction orders at the dispensary directly
from a consumer in person, by phone, or via the internet, including
from a third party. A comprehensive marijuana dispensary facility
need not segregate or account for its marijuana products as either
non-medical marijuana or medical marijuana, but shall collect all
appropriate tangible personal property sales tax for each sale as
set forth in State and local law. A comprehensive marijuana dispensary
facility's authority to process marijuana shall include the creation
of prerolls.
[Ord. No. 3542, 2-1-2023]
A facility licensed by the State of Missouri to acquire,
process, package, store, manufacture, transport to or from a medical
facility, comprehensive facility, or a marijuana testing facility,
and sell marijuana-infused products, prerolls, and infused prerolls
to a marijuana dispensary facility, a marijuana testing facility,
or another marijuana-infused products manufacturing facility. A comprehensive
marijuana-infused products manufacturing facility need not segregate
or account for its marijuana products as either non-medical marijuana
or medical marijuana.
[Ord. No. 3542, 2-1-2023]
A residential building consisting of multiple units, each
under individual ownership but subject to certain joint agreements
and regulations; one (1) dwelling unit in such a building as more
particularly defined in Chapter 448, RSMo., as amended.
A method of adding, replacing or augmenting cosmetic features
by the application of permanent, semi-permanent, or temporary pigmentation,
which may be performed by someone other than a licensed doctor, nurse
or State-licensed tattooing practitioner, which includes, but is not
limited to, eyebrows, eyelids, lips, and other parts of the body for
beauty marks, hair imitation, lash enhancement, or areola repigmentation.
This term includes any procedures whether referred to as, but not
limited to, "permanent makeup," "microdermapigmentation," "micropigment
implantation," "microblading," "microneedling with the use of pigment,"
"dermagraphics," "cosmetic tattooing," or any other similar procedure.
[Ord. No. 3531, 9-21-2022]
The Ellisville, Missouri, City Council.
A small-scale (up to fifteen thousand (15,000) barrels per
year for beer and up to five thousand (5,000) cases per year for cider,
wine and spirits), licensed manufacturing establishment where beer,
ale, cider, wine or spirits are produced and packaged for distribution,
retail or wholesale, on or off premises. The production process includes
fermenting, rectifying, blending, mashing, cooking, and distilling.
A craft/microbrewery, cidery, winery or distillery may or may not
offer tastings, and may or may not provide on-site sale and consumption
of the products.
[Ord. No. 3372, 4-18-2018]
All landscaped areas in or adjacent to vehicular use areas
must be protected from vehicular damage by a raised curb at least
six (6) inches in height.
A facility in which care is given to children, adults or
a combination of both, for any part of a twenty-four-hour period and
which is first approved by a conditional use permit from the City
and also regulated by the State of Missouri. The number of children
and/or adults cared for in addition to the number of persons rendering
child care services shall be restricted by City ordinance and the
State of Missouri as required.
A residence in which care is given to children, adults or
a combination of both, other than those related to the day care provider,
for any part of a twenty-four-hour period and which is registered
with and licensed by the City of Ellisville and depending upon the
number of individuals receiving care, also regulated by the State
of Missouri as required elsewhere in this Code.
A business that provides therapeutic and personal grooming
services, including haircuts and styling, waxing, facial treatments,
body wraps, exfoliation, nail treatments, and aromatherapy.
[Ord. No. 3406, 12-19-2018]
Plants that drop their leaves before becoming dormant in
winter; not an evergreen.
A combination of architectural and/or engineering plans which,
when coupled with a written or oral narrative, will enable City Officials
to determine the nature and extent of a proposed development; said
plan to include land use(s) proposed, number and location of buildings,
building architecture, parking and exterior lighting provisions and
provisions for storm water detention and buffer zone landscaping.
Any freestanding, manmade structure designed for the support
of antennae, the presence of which is camouflaged or concealed as
an appropriately placed architectural or natural feature. Depending
on the location and type of disguise used, such concealment may require
placement underground of the utilities leading to the structure. Such
structures may include, but are not limited to, clock towers, campaniles,
observation towers, water towers, light standards, flagpoles and artificial
trees.
[1]A building or portion thereof designated or used exclusively
for residential occupancy, but not including trailers, mobile homes,
hotels, motels, boarding houses, fraternities, sororities or tourist
homes.
A building or portion thereof designed for or occupied by
three (3) or more families living independently of each other.
[Ord. No. 3169 §1, 8-20-2014]
A building designed for or occupied exclusively by one (1)
family.
A two-family dwelling shall be a single building housing two (2) single-family dwelling units with a single continuous load-bearing roof. Each unit shall comply with the minimum square footage requirements stated in Section 400.220 and all other residential requirements of the Municipal Code of the City of Ellisville, as if they were single-family dwelling units. The two (2) dwelling units shall share a common fire wall.
A room or suite of rooms used as a dwelling including bath,
sleeping and culinary accommodations for residential purposes and
having a separate entrance.
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, uncovered, removed, displaced, relocated
or bulldozed and shall include the conditions resulting therefrom.
The Federal Aviation Administration.
One (1) or more persons occupying a dwelling and living as
a single housekeeping unit, all of whom or all but two (2) of whom
are related to each other by birth, adoption, marriage or as a foster
child of an occupant. It is the intention of this provision to maintain
the integrity and characteristics of a single housekeeping unit in
dwellings as distinguished from a group occupying a boarding house,
lodging house or hotel.[2]
The Federal Communications Commission and any legally appointed,
designated or elected agent or successor.
An assemblage of materials forming a barrier at grade between
a lot and street or alley or between portions of a lot or lots.
A fence with an opaque value of ninety percent (90%) or greater.
Such structure shall not include a chain-link fence in combination
with other materials.
[Ord. No. 3170 §1, 8-20-2014]
Any act by which earth, sand, gravel, rock or any other similar
material is deposited, placed, pushed, pulled or transported to a
place other than the place from which it was excavated and shall include
the conditions resulting therefrom.
Provision of financial and banking services to consumers
or clients. Walk-in and drive-in services are generally provided on
site. Typical uses include banks, savings and loan associations, savings
banks, credit unions and lending establishments.
Any device designed to be used as a weapon or modified to
be used as a weapon from which a projectile is expelled through a
barrel by the force of an explosion or other form of combustion.
Any premises or portion thereof used for the sale, vending,
dealing, exchange or transfer of firearms or ammunition at wholesale
or retail.
A wall that is continuous from the foundation to or through
the underside of the roof slab or deck and that either is a "firewall"
within the meaning of Section 908.1 of the 1987 B.O.C.A. Code or is
a "firewall" within the meaning of the B.O.C.A. Code that was in use
at the time of original construction of the property and does not
contain openings or doorways of any kind.
A structure open to the general public wherein the safe shooting
of firearms and archery is permitted for the practice of marksmanship
or temporary competition.
The area of a residence exclusive of carport, garage, breezeway,
porch or unfinished basement (not including a cellar).
The edge of a lot bordering a street or streets.
See "MORTUARY".
A private garage or carport shall be a detached accessory
building or portion of the main building housing or designed to house
the automobiles of the occupants of the premises.
A building or portion thereof, other than a private or storage
garage, designed or used for equipping, servicing, repairing, hiring,
selling, storing or parking motor-driven vehicles. The term "repairing"
shall not include the dismantling or storage of wrecked or junk vehicles.
A building or portion thereof designed or used exclusively
for term storage by prearrangement of motor-driven vehicles, as distinguished
from daily storage furnished transients, and at which automobile fuels
and oils are not sold and motor-driven vehicles are not equipped,
repaired, hired or sold.
Any building, lot, establishment, or portion thereof, used
for the dispensing, sale or offering for sale of motor vehicle fuel.
[Ord. No. 3213 §1, 3-23-2015]
The average level of the finished surface of the ground for
buildings more than five (5) feet from a street line. For buildings
closer than five (5) feet to a street, the grade is the sidewalk elevation
at the center of the building. If there is more than one (1) street,
an average sidewalk elevation is to be used. If there is no sidewalk,
the Director of Public Works shall establish the sidewalk grade.
Excavation, fill or land disturbance or any combination thereof
and shall include the conditions resulting from any excavation, fill
or land disturbance.
Suitable ground cover shall be provided throughout the site
unless otherwise approved on the landscape plan. Ground cover shall
be construed to include any planting of low plants that cover the
ground and shall include grass and all other plants adopted for such
use.
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside, and may include two (2) additional
persons acting as houseparents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home.
The vertical distance measured from the average grade of
the base of the structure as defined in "AGL" above and including
the main structure and all attachments.
A business conducted for the personal gain or support of
the residential occupation and conducted entirely within a residential
building or accessory structure to a residential use, which is clearly
incidental and secondary to the use of the dwelling unit for residential
purposes and does not change the residential character of the residential
building or adversely affect the character of the surrounding neighborhood.
Work-from-home employees are not considered home-based businesses.
[Ord. No. 3177 §1, 9-3-2014; Ord. No. 3551, 6-21-2023]
Any facility, establishment, or location where the primary
use is the smoking of tobacco or other substances through one (1)
or more hookah pipes (also commonly referred to as a "hookah," "waterpipe,"
"shisha" or "nareghile"), including, but not limited to, establishments
known as "hookah bars," "hookah lounges," or "hookah cafes."
[Ord. No. 3171 §1, 8-20-2014; Ord. No. 3222 §1, 7-15-2015]
A place or institution devoted primarily to the purpose of
providing facilities for the diagnosis, care or treatment of sick,
injured or handicapped individuals and licensed by the Department
of Health of Missouri in keeping with the requirements of the "Hospital
Licensing Law".
See "LODGING ESTABLISHMENT".
That area within the boundaries of a given lot not subject
to vehicular traffic which is devoted to and consists of plant material
including, but not limited to, grass, trees, shrubs, hedges, flowers
and other ground cover, native plant materials, planters, water features
and other landscape features, but not including the use of smooth
concrete or asphalt.
A space providing for the standing, loading or unloading
of trucks.
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
which can be construed to be a hotel, motel, motor hotel, apartment
hotel, tourist court, resort, cabins, tourist home, bunkhouse, dormitory
or other similar place by whatever name called and includes all such
accommodations operated for hire as lodging establishments for either
transient guests, permanent guests or for both transient and permanent
guests.
A platted parcel of land occupied or intended for occupancy
by a use permitted in this Chapter, including one (1) main building,
together with its accessory buildings, the yards, parking and loading
spaces required herein and having its principal frontage upon a street
or upon an officially approved place.
A lot abutting upon two (2) or more streets at their intersection.
The horizontal distance between the front and rear lot line.
In the case of an irregularly shaped lot, the City Planner shall determine
the point from which said distance is measured.
A lot which at opposite ends abuts two (2) generally parallel
streets.
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 St. Louis County or a parcel of land which was legally approved
and the deed recorded in the office of the Recorder of Deeds.
The width of a lot at the front yard setback line.
The unobstructed area needed for a truck to back, in a single
movement, directly from the access street into a loading space, the
depth of which is measured perpendicular to and from the front of
said loading space to the curb side of the most remote traffic lane
in the access street.
A factory-built structure or structures which, when in the
traveling mode or when erected on site, contains an exterior wall
and is equipped with the necessary service connections and made so
as to be readily movable as a unit or units on its or their own running
gear and designed to be used as a dwelling unit or units with or without
a permanent foundation. The phrase "with or without a permanent foundation"
indicates that the support system is constructed with the intent that
the manufactured home placed thereon may be moved from time to time
at the convenience of the owner.
A facility licensed by the State of Missouri to acquire,
process, package, store on-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 to a consumer, qualifying patient, as that
term is defined in Section 1 of Article XIV of the Missouri Constitution,
or primary caregiver, as that term is defined in Section 1 of Article
XIV of the Missouri Constitution, anywhere on the licensed property
or to any address as directed by the consumer, qualifying patient,
or primary caregiver and, consistent with the limitations of Section
2 of Article XIV of the Missouri Constitution and as otherwise allowed
by law, a microbusiness wholesale facility, or a marijuana testing
facility. Microbusiness dispensary facilities may receive transaction
orders at the dispensary directly from a consumer in person, by phone,
or via the internet, including from a third party. A microbusiness
dispensary facility's authority to process marijuana shall include
the creation of prerolls.
[Ord. No. 3542, 2-1-2023]
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 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. A microbusiness
wholesale facility may cultivate up to two hundred fifty (250) flowering
marijuana plants at any given time. A microbusiness wholesale facility's
authority to process marijuana shall include the creation of prerolls
and infused prerolls.
[Ord. No. 3542, 2-1-2023]
Cannabis indica, Cannabis sativa, 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 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. 3415, 4-17-2019; Ord. No. 3542, 2-1-2023]
A facility certified by the State of Missouri to acquire,
test, certify and transport marijuana, including a medical marijuana
testing facility.
[Ord. No. 3542, 2-1-2023]
Products that are 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
prerolls.
[Ord. No. 3415, 4-17-2019; Ord. No. 3542, 2-1-2023]
Shaped and hard fired modular construction or facing units
comprised of clay, shale or similarly naturally occurring earthly
substances or natural stone, both having a minimum thickness of three
and five-eighths (3 5/8) inches.
The practice of any method of pressure on or friction against
or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation
of external parts of the human body with the hands or with any device
or apparatus, with or without such supplementary aids as rubbing alcohol,
liniments, antiseptics, oils, powders, creams, lotion, ointment, or
other similar preparations commonly used in the practice of massage,
provided that this term shall not include massage meeting the definition
of "massage therapy services," as defined in this Section.
Any method of massage that is administered or supervised
by a medical or chiropractic practitioner or is administered by a
professional physical or massage therapist licensed by the State of
Missouri.
[Ord. No. 3222 §1, 7-15-2015]
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a Medical
Marijuana Dispensary Facility, Medical Marijuana Testing Facility,
or to a Medical Marijuana-Infused Products Manufacturing Facility.
[Ord. No. 3415, 4-17-2019]
A facility licensed by the State of Missouri to acquire,
store, sell, transport, and deliver marijuana, marijuana-infused products
and drug paraphernalia used to administer marijuana as provided for
in this Section to a Qualifying Patient, a Primary Caregiver, another
Medical Marijuana Dispensary Facility, a Medical Marijuana Testing
Facility, or a Medical Marijuana-Infused Products Manufacturing Facility.
[Ord. No. 3415, 4-17-2019]
A Missouri resident possessing a valid medical marijuana
Primary Caregiver identification card issued by the Missouri Department
of Health and Senior Services, or its successor agency.
[Ord. No. 3415, 4-17-2019]
A Missouri resident possessing a valid medical marijuana
Qualifying Patient identification card issued by the Missouri Department
of Health and Senior Services, or its successor agency.
[Ord. No. 3415, 4-17-2019]
A facility certified by the State of Missouri to acquire,
test, certify and transport marijuana.
[Ord. No. 3415, 4-17-2019]
A facility licensed by the State of Missouri to acquire,
store, manufacture, transport, and sell marijuana-infused products
to a Medical Marijuana Dispensary Facility, a Medical Marijuana Testing
Facility, or to another Medical Marijuana-Infused Products Manufacturing
Facility.
[Ord. No. 3415, 4-17-2019]
An in-store facility having the following characteristics:
The development of a tract of land or building or structure
with two (2) or more different uses such as, but not limited to, residential
office, office, retail, public or entertainment in a compact urban
form.
An establishment or business which provides for a fee or
compensation the services of modeling on premises for the purpose
of reproducing the human body wholly or partially in the nude by means
of photography, painting, sketching, drawing or otherwise. This does
not apply to public or private schools in which persons are enrolled
in a class.
Any addition, alteration, deletion or change, including the
addition or replacement of antennae, or any change to a structure
requiring a building permit or other governmental approval.
A factory-fabricated habitable building or building component
which comprises, in whole or in part, a complete or substantially
complete transportable building unit designed or intended to be utilized
by itself or in conjunction with a principal dwelling or ancillary
structure on a building site.
An establishment in which the deceased are prepared for burial
or cremated. The facility may include a chapel for the conduct of
funeral services, limited caretakers facilities and spaces for funeral
services and informal gatherings or display of funeral equipment.
See "LODGING ESTABLISHMENT".
A self-propelled vehicle designed primarily for use or used
on highways and not for use exclusively on tracks, excluding farm
tractors, motorized bicycles, horse drawn carriages and motorized
wheelchairs.
A single building containing two (2) or more tenants providing
retail goods, personal services, commercial services or recreational
activities.
A designated area located on City-owned property intended
to provide the physical locale and means for vendors of produce, animal
products and plant materials to display and retail same in open or
partially open booths, slots, stands or other such subdivided areas
as determined by the City. The City shall control and supervise all
aspects of said market including permitted uses, lease/use arrangements,
application processes, licensing of vendors, days and hours of operation
and enforcement of all rules, regulations and operating procedures
established for same.
A home-based business meeting the following criteria: (1)
the total number of employees and clients on-site at one (1) time
does not exceed the occupancy limit for the residential dwelling;
and (2) the activities of the business are limited to the sale of
lawful goods and services; may involve having more than one (1) client
on the property at one (1) time; do not cause a substantial increase
in traffic through the residential area; do not violate any parking
regulations established by the City; occur within the residential
dwelling or in the yard of the dwelling; are not visible from the
street; and do not otherwise violate the City’s ordinances applicable
to home-based businesses.
[Ord. No. 3551, 6-21-2023]
A lot or parcel that at the time of its establishment was
lawfully created and recorded with the county recorder's office and
met the minimum area regulations (size, width, depth) for the zone
in which it is located but which because of subsequent changes to
the minimum area regulations applicable to that zone, no longer fully
complies with the area regulations.
[Ord. No. 3253 §2, 1-20-2016]
Any structure, improvement, or development which is incomplete
and for which all required permits and approvals were lawfully obtained
but which because of subsequent changes to applicable zoning, building
and/or development regulations will not fully comply with the regulations
if completed in accordance with the approved proposal(s) or plan(s).
[Ord. No. 3253 §2, 1-20-2016]
A structure that at the time it was built complied with all
applicable zoning, building and/or development regulations but which
because of subsequent changes to the zoning, building and/or development
regulations no longer fully complies with the regulations.
[Ord. No. 3253 §2, 1-20-2016]
A use of property that was allowed under the zoning regulations
at the time the use was established but which because of subsequent
changes in those regulations is no longer a use that is permitted
in the zoning district in which it is located.
[Ord. No. 3253 §2, 1-20-2016]
An establishment primarily used for the growth, transplanting,
display or sale of trees (including the seasonal sale of Christmas
trees), plants, shrubs and accessory items.
A facility for adult boarding, residential care I or II,
intermediate care of a skilled nursing facility as defined in Section
198.006, RSMo., as amended. For purposes of this Chapter, nursing
home and facilities shall be deemed a commercial use.
[Ord. No. 3169 §1, 8-20-2014]
A business office or group of business offices providing
direct services to consumers such as insurance agencies, title companies,
accounting, architectural, engineering, attorney, consulting and other
similar professional and business services.
An office or group of offices used by physicians, doctors,
dentists, chiropractors, psychiatrists, psychologists and other medical
professionals.
All land and water areas of a site that are not covered by
structures (except recreational), roadways, driveways, parking areas
and loading zones. Buffer zones may be counted as open space, but
buffer zones may not contain aboveground structured improvements.
An accessory structure where books, recorded performing arts
and media are kept for public sharing and/or exchanges with no fees
or sales and are publicly accessible.
[Ord. No. 3316 § 1, 3-15-2017]
Storage of any material, equipment, merchandise or goods
on the ground or a platform outside of a building.
Are herein defined as trees, shrubs, bushes and all other
woody vegetation in public parks having individual names and all areas
owned by the City or to which the public has free access as a park.
A durably surfaced area, unenclosed or enclosed in the main
building or in an accessory building.
A durably surfaced area to accommodate a vehicle denoted
as carrying an individual certified as disabled by an authority qualified
to issue a disabled vehicle license in the State of Missouri.
Any person engaged in the business of lending money on the
security of pledged goods or engaged in the business of purchasing
tangible personal property on condition that it may be redeemed or
repurchased by the seller for a fixed price within a fixed period
of time.
The location at which or premises in which a pawnbroker regularly
conducts business. Pawnshops are prohibited in all zoning districts.
Any natural person, firm, partnership, association, corporation,
company or other legal entity, private or public, whether for profit
or not-for-profit.
Any place or facility where body piercing, including piercing
any part of the body or head, is performed as a primary or substantial
element of its business. Piercing studios and establishments are prohibited
in all zoning districts.
An open unoccupied space, other than a street or alley, permanently
reserved as the principal means of access to abutting property.
A consumable or smokable marijuana product, generally consisting
of: (1) a wrap or paper; and (2) dried flower, buds, and/or plant
material. Prerolls may or may not include a filter or crutch at the
base of the product.
[Ord. No. 3542, 2-1-2023]
Are defined herein as trees, shrubs, bushes and all other
woody vegetation that are:
Located on any lot not used for residential purposes; and
Are required by law to be maintained for landscape buffers or planting strips or pursuant to an approved conditional use permit, site development plan or landscape plan (tree removal on residential lots is regulated through Section 405.350 of the Subdivision Ordinance).
A facility which provides for the rental or leasing of vehicles
used for the transportation of persons. Storage of inventory must
be located behind the front building line.
[Ord. No. 3139 §1, 12-4-2013]
A retail establishment that offers used household goods,
clothing or furnishings on a for-sale or consignment basis. This term
includes retail establishments operated by for-profit entities and
non-profit, charitable or religious organizations.
[Ord. No. 3345 § 1, 8-16-2017]
Any business establishment whose principal business is providing
for the preparation of or sale of prepared foods, frozen desserts
or beverages for either carry out/delivery or for consumption on the
premises, including sit-down, fast casual and fast food restaurants.
[Ord. No. 3249 §5, 12-16-2015]
A retail store that devotes more than fifteen percent (15%)
of its total floor area to the sale of electronic cigarettes, electronic
cigarette products/paraphernalia, tobacco or smoking products and
accessories/paraphernalia. A retail tobacco store may also be referred
to as a smoke shop.
[Ord. No. 3171 §1, 8-20-2014]
A multifamily dwelling limited to persons at least one of
whom in each household shall have attained the age of fifty-five (55)
years. For purposes of this Chapter, retirement complex shall be deemed
a residential use.
[Ord. No. 3169 §1, 8-20-2014]
Any school, other than a public school, for the teaching
of children or adults, including schools owned and operated by a business
establishment, a foundation or an institution, private or parochial
elementary, junior or senior high schools or private and parochial
colleges and universities, professional schools, dance, karate, ballet
and gymnastic schools/studios, business schools, trade schools, art
schools and similar facilities.
Any school operated by a public school district or by a City,
County, State or Federal Government agency.
A building for the protection and security of communications
equipment associated with one (1) or more antennae and antenna support
structures and where access to equipment is gained from the interior
of the building. Human occupancy for office or other uses or the storage
of other materials and equipment not in direct support of the connected
antennas is prohibited.
A group of two (2) or more buildings and tenants featuring
commercial establishments managed as a single entity.
Any letter, figure, design, symbol, trademark, panel, device
or a structure designed or intended to convey information to the public
in written or pictorial form including, without limitation, any of
the following: awning, banner, billboard, canopy, governmental flags,
trademark flags, church bulletin board, marquee, advertising sign,
attached sign, business sign, construction sign, directional sign,
flashing sign, fluttering sign, ground sign, hanging sign, identification
sign, illuminated sign, government signs, memorial signs, tablets,
moving sign, permanent sign, political sign, pole sign, monument sign,
portable sign, projecting sign, ramp, real estate sign, roof sign,
subdivision sign, temporary sign, wall sign, window sign, special
displays, standard outdoor advertising structure, time and weather
information and street clock, when placed out-of-doors or in show
display windows intended to be visible from the outside.
Any single or contiguous lots, tracts, projects or subdivisions
of land owned by a single person, by several persons acting jointly
or a corporation.
A graphical depiction indicating lot size, number of buildings,
location of buildings on a lot, buffer (green space) zone size and
location, parking provisions, exterior lighting provisions and such
other detail necessary to enable City Officials to understand the
exterior aesthetics of a proposed development as well as the contouring
of the land both existing and proposed.
Sexual conduct, being actual or simulated, including acts
of human masturbation, sexual intercourse, physical contact (in an
act of apparent sexual stimulation or gratification) with a person's
clothed or unclothed genitals, pubic area, buttocks, or the breast
of a female, or any sadomasochistic abuse or acts including animals
or any latent objects in an act of apparent sexual stimulation or
gratification.
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 the boarding,
hire, sale or training of horses.
An enclosed permanent structure containing separate enclosed
storage spaces of varying sizes, leased or rented to the general public,
businesses, or institutions.
[Ord. No. 3222 §1, 7-15-2015]
That portion of a building, other than a cellar, included
between the surface of any floor and the surface of the floor next
above it or, if there be no floor above it, then the space between
the floor and the ceiling next above it.
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three (3) feet above the
top floor level and in which space not more than sixty percent (60%)
of the floor area is finished off for use. A half-story may be used
for occupancy in conformance with Chapter 505, Property Maintenance
Code, only in conjunction with and by the occupants of the floor immediately
below.
All property dedicated or intended for public or private
street, highway, freeway or roadway purposes or subject to public
or private easements thereon.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
Are herein defined as trees, shrubs, bushes and all other
woody vegetation on land lying within right-of-way lines on either
side of all City streets, avenues or ways within the City.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders or any substantial
change in the roof or in the exterior walls.
Anything constructed or erected, the use of which requires
temporary or permanent location on the ground or attached to something
having a permanent location on the ground, excluding therefrom driveways,
parking lots, fences, sidewalks, retaining walls and utilities.
A tower or disguised support structure.
Any method of placing designs, letters, scrolls, figures
or symbols upon or under the skin with ink or colors by the aid of
needles or instruments.
Any place or facility where tattooing is performed.
[Ord. No. 3531, 9-21-2022]
Any cables, wires, lines, wave guides, antennas and any other
equipment or facilities associated with the transmission or reception
of telecommunications as authorized by the FCC which a person seeks
to locate or has installed upon a tower or antenna support structure.
However, the term telecommunications facilities shall not include:
Any satellite earth station antenna two (2) meters in diameter
or less which is located in an area zoned industrial or commercial;
Any satellite earth station antenna one (1) meter or less in
diameter, regardless of zoning category;
Any satellite earth station in excess of two (2) meters in diameter
which is utilized for the reception of broadcast television, video
or radio signals and which is an ancillary use to a structure on the
holder of the broadcast license's premises.
Any person, firm or corporation who operates or sells food/beverages
or produce from a tent, a parked truck, food truck, vending cart,
or other temporary structure on a privately owned lot, with property
owner consent/lease.
[Ord. No. 3222 §1, 7-15-2015]
Any sale made by a person, firm or corporation engaging in
the temporary business of selling goods, wares or merchandise from
a tent, a parked truck, trailer, vending cart, tent or other area
outside a permanent structure on property not owned or leased by the
person, firm or corporation. Temporary vendors are prohibited in all
zoning districts, with the exception of temporary food vendors.
[Ord. No. 3222 §1, 7-15-2015]
A structure designed for the support of one (1) or more antennae
and including guyed towers, self-supporting (lattice) towers or monopoles,
but not disguised support structures or buildings. The term shall
also not include any support structure, including attachments, of
fifty-five (55) feet or less in height owned and operated by an amateur
radio operator licensed by the Federal Communication Commission.
The area in the vicinity of Clarkson and Manchester Roads
envisioned as a vibrant destination that integrates places to live,
shop, work and serves as a gathering place. The Town Center includes
all properties along Manchester Road between Old State Road and Marel
as depicted below.
The area in square feet of a tree's spread. Existing tree
canopy is determined by measuring the ground's surface area that is
covered by the branch spread of a single tree or clump or grove of
trees.
Any facility where the primary use is offering to the public
the rental of vehicles and/or trailers, which trailers have a gross
vehicle weight rating of not more than six thousand (6,000) pounds,
and such vehicles and/or trailers are used and designed primarily
for the transportation of personal property.
[Ord. No. 3222 §1, 7-15-2015]
The annual sale of more than four (4) used vehicles not in
conjunction with a new and used motor vehicle sales agency.
Any facility, establishment or location where the primary
use is the utilization of a heating element that vaporizes a substance
that releases nicotine, tobacco, flavored vapor or other substances,
through one (1) or more electronic or battery-operated delivery devices
known as an electronic cigarette (also commonly referred to as "e-cig,"
"e-cigarette," "e-pipe," "electronic cigarillo," "hookah pen," "e-hookah,"
"vape pen," or "vape pipe"), or any other electronic cigarette product,
including, but not limited to, establishments known as "vape bars,"
"vape lounges," "e-cigarette bars" or "vape cafes."
[Ord. No. 3171 §1, 8-20-2014; Ord. No. 3222 §1, 7-15-2015]
All areas subject to vehicular traffic including access ways,
driveways, loading areas, service areas and parking stalls. Landscaped
areas that are bounded by parking stalls on two (2) or more sides
or parking stalls and/or aisles on three (3) or more sides shall be
considered as being located within the vehicular use area, but landscaped
areas bounded by a parking stall on only one (1) side and an access
drive on another are not considered as being located within the vehicular
use area. Vehicular use area must terminate at least four (4) feet
from the street wall of a structure, excluding vehicular access ways
to the building. (See Figure #1)
landscaped strips less than five (5) feet in width that are
located next to or in vehicular use areas at the end of a parking
space must have wheel stops placed at least two and one-half (2½)
feet from the face of the curb enclosing the landscaped area to the
front of the wheel stop to prevent the vehicle encroachment into the
planted area. (See Figure #2)
An area over five thousand (5,000) square feet of woody plant
material consisting of thirty percent (30%) or more canopy trees having
a ten (10) inch or greater caliper.
An area over five thousand (5,000) square feet of woody plant
material consisting of seventy percent (70%) or more canopy trees
having a two and one-half (2½) inch or greater caliper.
An open area on the same lot with a building, unoccupied
and unobstructed by any portion of a structure from the ground upward,
except as otherwise provided herein. In measuring a yard for the purpose
of determining the width of a side yard, the depth of a front yard
or the depth of a rear yard, the minimum horizontal distance between
the lot line and the main building shall be used (see also Building
Line Setback).
An open area extending across the full width of a lot between a principal building and the roadway right-of-way. The front yard for lots without street frontage shall be determined as set forth in Section 400.475.
[Ord. No. 3357, 1-17-2018]
An open area extending the full width of the lot between
the principal building and the rear lot line. On corner lots the rear
yard shall be considered as parallel to the street upon which the
lot has its least dimension. On both corner lots and interior lots,
the rear yard shall in all cases be at the opposite end of the lot
from the front yard.
An open area between the front and rear yards of a lot and
between the side lot lines and a principal building or any projections
thereof.
Any Section of the City of Ellisville within which the zoning
regulations are uniform.
[1]
Editor's Note: The former definition for Dog Day-Care Facility, which immediately followed, was repealed by implication by Ord. No. 3377. See Section 400.327 for definitions related to "pet day-care facilities," "Pet training facilities" and "boarding kennels."
[2]
Editor’s Note: The former definition of “Fast-Food
Restaurant,” which immediately followed, was repealed 12-16-2015
by §5 of Ord. No. 3249.
[3]
Editor's Note: Former definition of Massage Parlor or Shop
was replaced with the definition of Massage by Ord. No. 3455.
[R.O. 2005 §30-1; CC 1997 §30-1; Ord. No. 2932 §2, 2-4-2009]
A.
Zoning Districts. For the purpose of this Chapter, the City
of Ellisville is hereby divided into the following zoning districts:
1.
"OS" Open Space Single-Family Residential Zoning District
2.
"R-1" Single-Family Residential Zoning District
3.
"R-2" Planned Residential Zoning District
4.
"R-3" Residential Zoning District
5.
"R-4A" Residential Zoning District
6.
"R-4B" Residential Zoning District
7.
"WNU" Wildwood Non-Urban Zoning District
8.
"C-1" Open Space Commercial Zoning District
9.
"C-2" General Office Zoning District
10.
"C-3" Commercial Zoning District
11.
"C-4" Ellisville Business Park Zoning District
12.
"C-5" Planned Commercial Zoning District
13.
"M-1" Light Industrial Zoning District
B.
Zoning District Map. The boundaries of these zoning districts
are hereby established as shown upon the map accompanying and made
a part of this Chapter, which map is designated as the "Zoning District
Map". The Zoning District Map and all the notations, references and
other information shown thereon are a part of this Chapter and shall
have the same force and effect as if such map and all the notations,
references and other information shown thereon were all fully set
forth or described herein, which Zoning District Map is properly attested
and is on file with the City Clerk.
C.
Annexed Territory. All territory which may be hereafter annexed to the City shall be classified the same as it was prior to said annexation. Following annexation, the annexed territory may be appropriately reclassified by amending this Chapter in accordance with Section 400.180 herein.
D.
Vacation Of Public Right-Of-Ways. In the event any street,
alley or other public way forming the boundary of a zoning district
is vacated, the new zoning district boundary line shall be the former
centerline of said vacated public right-of-way.
E.
Boundaries Of Zoning Districts. Where uncertainty exists
with respect to the boundaries as shown on the Zoning District Map
made a part of this Chapter, the following rules apply:
1.
The zoning district boundaries are the centerline of streets or alleys,
unless otherwise shown and where the zoning districts designated on
the Zoning District Map are bounded approximately by streets or alleys,
such streets or alleys shall be construed to be the boundary of the
zoning district.
2.
Where the zoning district boundaries are not otherwise indicated
and where the property has been or may hereafter be divided into blocks
and lots, the zoning district boundaries shall be construed to be
the lot lines. Where the zoning districts designated on the map are
bounded approximately by lot lines, the lot lines shall be construed
to be the boundary of the zoning district unless the boundaries are
otherwise indicated on the map.
3.
In unsubdivided property, the zoning district boundary lines on the
map shall be determined by use of the scale appearing on the map.
F.
Permitted And Conditional Uses. The uses permitted by right
and conditionally permitted are listed within each zoning district.
If a use is not listed in a specific zoning district, it is prohibited.
[R.O. 2005 §30-2; CC 1997 §30-2]
A.
Except
as hereinafter specifically provided:
1.
No building shall be erected, converted, enlarged, reconstructed,
moved or structurally altered, nor shall any building or land be used,
except for a purpose permitted in the zoning district in which the
building or land is located.
2.
No building shall be erected, converted, enlarged, reconstructed
or structurally altered except in conformity with the height, area,
parking and loading regulations of the zoning district in which the
building is located.
3.
The minimum yards and other open spaces, including lot area per family
required by this Chapter for each and every building existing at the
time of passage of this Chapter or for any building hereafter erected,
shall not be encroached upon or considered as part of the yard or
open space required for any other building, nor shall any lot area
be reduced below the requirements of this Chapter for the zoning district
in which such lot is located.
4.
Each zoning district has exclusive uses and cannot be used for uses
allowed in other zoning districts unless specifically allowed within
the limits of this Code.
[R.O. 2005 §30-3; CC 1997 §30-3; Ord. No. 3253 §3, 1-20-2016[1]]
A.
Purpose. The purpose of these regulations is to
protect the rights of legally existing non-conformities, but not promote
expansion or enlargement. Non-conformities should not be expanded
and should be reduced to conformity as quickly as the fair interest
to the parties will permit in order to preserve the integrity of this
Code and the Comprehensive Plan.
B.
Applicability. These regulations are designed to
protect the rights of legally existing non-conforming situations,
but not promote expansion or enlargement. Non-conforming situations
should not be expanded and should be reduced to conformity as quickly
as the fair interest to the parties will permit in order to preserve
the integrity of this Code and the Comprehensive Plan. Any non-conforming
situation which lawfully existed as of the effective date of this
Section and which remains non-conforming, and any non-conforming situation
which has become non-conforming as a result of the adoption of this
Section, or any subsequent amendment to this Section, may be continued
or maintained only in accordance with the terms of this Section.
C.
Discontinuance. Any non-conforming use which is
idle, unoccupied or vacant for one (1) year or more is conclusively
deemed discontinued, abandoned and terminated, and shall lose its
non-conforming rights. Any future uses shall be in compliance with
the use regulations of the district in which it exists. This Section
shall not apply to non-conforming lots or non-conforming structures.
D.
Appeals. Appeals to this Section shall be made to
the Board of Adjustment.
E.
Non-Conforming Lots. An authorized use or structure
may be erected on a non-conforming lot containing less area, depth
or width than required by the zone district in which it is located;
provided, that all other applicable regulations of the Chapter are
met.
F.
Non-Conforming Projects. To avoid undue hardship,
nothing in this Chapter shall be deemed to require a change in plans,
construction or designated use on vested permits associated with non-conforming
projects, as follows:
1.
All non-conforming projects on which construction was begun
at least one hundred eighty (180) days before the effective date of
these regulations as well as all non-conforming projects that are
at least ten percent (10%) completed in terms of the total expected
cost of the project on the effective date of these regulations may
be completed in accordance with the terms of approval of and permits
issued in connection with the non-conforming project, so long as the
approvals and permits were validly issued and granted, and remain
unrevoked and unexpired.
2.
If a non-conforming project was approved for completion in stages,
this Subsection shall apply to all stages of development undertaken
in compliance with the original approval for the non-conforming project.
3.
Any extensions or variances to development of a non-conforming
project may be requested and granted pursuant to the terms and conditions
of the original approvals granted for the non-conforming project.
G.
Non-Conforming Structures. A non-conforming structure
may only be used for uses that are permitted or conditionally permitted
in the district in which it is situated or for legal non-conforming
uses already in existence at the time the improvement becomes non-conforming.
1.
Repairs. Minor repairs and routine maintenance
of non-conforming buildings/structures are permitted and encouraged;
provided, that no structural alterations are made to buildings/structures
unless required by ordinance or law, or permitted by this Section
or other provisions of this Code.
2.
Alterations. Structural alteration(s) or exterior
remodeling of buildings/structures is also encouraged if the remodeling
brings the building or structure into closer compliance with current
development standards. Structural alteration(s) or exterior remodeling
which do not reduce the non-conforming building/structure to full
conformity may only be undertaken in accordance with the following:
a.
The alteration(s) must comply with all applicable regulations.
b.
The alteration(s) must:
(1)
Result in a cumulative increase in the floor area
of the non-conforming structure of twenty-five percent (25%) or less
or the cumulative cost of the alteration(s) is twenty-five percent
(25%) or less of its St. Louis County Assessor's Office appraised
value the assessed value of the non-conforming improvement, and
(2)
Bring one (1) or more existing non-conformities
into compliance with current area, performance or development standards.
c.
A non-conforming structure that is damaged by fire, explosion,
vandalism, deterioration, act of God or public enemy may be restored
to its previous condition so long as the cost of repair or reconstruction
does not exceed fifty percent (50%) of its St. Louis County Assessor's
appraised value.
d.
All other modifications, alterations, and/or repairs must reduce
the non-conforming structure to full conformity with all applicable
regulations.
3.
Relocation. Non-conforming buildings/structures
which are moved to another location either within the same district
or in another district must conform to all the rules and regulations
of the district to which it is moved.
H.
Non-conforming Uses.
1.
A non-conforming use may continue only in the same manner and
extent as it was lawfully conducted at the time it was rendered non-conforming.
2.
Abandonment. Any non-conforming use which is
idle, unoccupied or vacant for one (1) year or more is conclusively
deemed discontinued, abandoned and terminated, and shall lose its
non-conforming rights. Any future uses shall be in compliance with
the use regulations of the district in which it exists. A non-conforming
use may also be deemed abandoned when electricity services for the
property upon which the non-conforming use is conducted has been disconnected
for a continuous period of one (1) year. If a non-conforming use is
superseded by a conforming use, the non-conforming use may not thereafter
be resumed.
3.
Relocation. No non-conforming use shall be
moved, in whole or in part, to any portion of the building or lot
other than that occupied by such use at the effective date of adoption
or amendment of that portion of this Code which rendered the use non-conforming.
4.
Change of ownership. Ownership, tenancy, or
management of an existing non-conforming use may be changed as long
as the use is not altered. Change of ownership, tenancy or management
is allowed when a use is changed from non-conforming to conforming.
[1]
Editor’s Note: Ord. No. 3253 also changed the title
of this Section from “Non-Conforming Uses” to “Non-Conformities.”
[R.O. 2005 §§2-259, 30-4; CC 1997 §§2-259,
30-4; Ord. No. 2105 §1, 8-21-1996; Ord.
No. 3035 §7, 7-20-2011]
A.
To
advise the Council on how best to preserve and protect the existing
residential, business and industrial community, to provide for plan,
guide and direct the development, redevelopment and growth of the
City and to encourage high standards of architectural, site and landscape
design, the Ellisville Planning and Zoning Commission is hereby charged
with responsibilities as delineated in this Chapter of the Municipal
Code of the City of Ellisville, Missouri, and the Revised Statutes
of the State of Missouri.
1.
Occupancy permits. No land, structure or building,
or buildings erected or structurally altered, shall be used or occupied,
in whole or in part, for any purpose whatsoever until a certificate
of occupancy is issued by the Building Official stating that the structure
and use complies with the provisions of this Chapter and all other
Chapters in the Municipal Code.
[1]
Cross Reference—As to code enforcement officer ensuring
compliance with these regulations, §500.035.
[R.O. 2005 §2-257; CC 1997 §2-257; Ord. No. 3276 §2, 4-20-2016]
A.
By Whom Appeals May Be Taken. Appeals to the Board
of Adjustment may be taken by any person aggrieved, by any neighborhood
organization, as defined in Section 32.105, RSMo., representing such
person, or by any officer, department, board or bureau of the City
affected by any decision of the administrative officer. Such appeal
shall be taken within a reasonable time, as provided by the rules
of the Board, by filing with the officer from whom the appeal is taken
and with the Board of Adjustment a notice of appeal specifying the
grounds thereof. The officer from whom the appeal is taken shall forthwith
transmit to the Board all the papers constituting the record upon
which the action appealed from was taken. An appeal stays all proceedings
in furtherance of the action appealed from, unless the officer from
whom the appeal is taken certifies to the Board of Adjustment after
the notice of appeal shall have been filed with him/her that by reason
of facts stated in the certificate a stay would, in his/her opinion,
cause immediate peril to life or property. In such case proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Board of Adjustment or by a court of record on application
or notice to the officer from whom the appeal is taken and on due
cause shown. The Board of Adjustment shall fix a reasonable time for
the hearing of the appeal, give public notice thereof, as well as
due notice to the parties in interest, and decide the same within
a reasonable time. Upon the hearing any party may appear in person
or by agent or by attorney.
B.
Application.
1.
Time for appeals. Notice of appeal shall be
filed within a reasonable time, not to exceed thirty (30) days from
the time the event or action appealed from occurred.
2.
Filing. Such appeal shall be taken by filing
with the officer from whom the appeal is taken and with the Board
of Adjustment a notice of appeal specifying the grounds thereof. A
fee and deposit shall be paid to the City at the time the appeal is
filed as set forth in this Code.
3.
Procedure. The officer from whom the appeal
is taken shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
4.
Public hearing. The Board of Adjustment shall set a date for public hearing and notice of this hearing shall be given according to the provisions of Section 400.050. The hearing shall be held no later than forty-five (45) days from the date the appeal is filed, unless a longer time is required to comply with Subsection (A) hereinabove.
5.
Decisions on appeals. Within thirty (30) days
of the close of the public hearing, the Board of Adjustment shall
affirm or reverse fully or partly or modify the order, requirement,
decision or determination or other event or action appealed from.
The Board shall be guided in its deliberations by the Comprehensive
Plan of the City and any special area plans and the purpose and intent
of this Code and all Sections thereof.
6.
Stay of proceedings. An appeal stays all proceedings
in furtherance of the action appealed from unless the officer from
whom the appeal is taken certifies to the Board of Adjustment after
he/she received notice of appeal that by reason of facts certified
by him/her, a stay would, in his/her opinion, cause imminent peril
to life or property. In such case, the proceedings shall not be stayed
otherwise than by a restraining order issued by the Board of Adjustment
or a court of record on application or notice to the officer from
whom the appeal is taken and on due cause shown.
C.
Standards For Variance. The Board of Adjustment
shall not grant a variance as authorized herein unless it shall, in
each case, make specific written findings of fact directly based upon
the particular evidence presented to it that support all of the following
conclusions:
1.
The variance requested arises from a condition which is unique
to the property in question and which is not ordinarily found in the
same zoning district and is not created by an action or actions of
the property owner of the applicant;
2.
The granting of the variance shall not adversely affect the
rights of adjacent property owners or residents;
3.
The particular physical surroundings, shape or topographical
conditions of the property involved would result in a severe practical
difficulty or extreme hardship upon or for the owner, lessee and occupant,
if the provisions of this Chapter were literally enforced;
4.
The variance desired will not adversely affect the public health,
safety, order, convenience and general welfare of the community;
6.
The request for a variance is not based exclusively upon the
desire of the owner, lessee, occupant or applicant to secure a greater
financial return from the property;
7.
The granting of the variance will not be materially detrimental
or injurious to other property or improvements in the neighborhood
in which the property is located;
8.
The proposed variance will not impair an adequate supply of
light onto adjacent property, substantially increase the congestion
in the public streets, increase the danger of fire, endanger the public
safety and substantially diminish or impair property values within
the neighborhood.
9.
Any other criteria applicable to specific variance applications,
including the following:
a.
Floodplain management variance. All criteria and requirements set forth in Section 420.050, Floodplain Management Variance Procedures.
b.
Variance from the yard requirements of any zoning district.
(1)
There are severe practical difficulties or extreme
hardships in the carrying out of the yard requirements due to an irregular
shape or size of the lot, the sites of pre-existing buildings, topographical
or other site conditions; and
(2)
The variance shall not have a serious adverse impact
on any adjoining property or the general welfare or establish an unsatisfactory
precedent for other locations and situations.
D.
Conditions And Restrictions. In granting a variance, the Board of Adjustment may impose such conditions and restrictions upon the property benefitted by the variance as may be necessary to comply with the standards set out in Subsection (C) hereinabove to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood and to carry out the general purpose and intent of Chapters 400 and 500 of this Code. Failure to comply with any of these conditions or restrictions shall constitute a violation of this Chapter punishable as provided in Section 400.190(D) of the Municipal Code of Ellisville.
E.
Decisions And Records. No decision shall be rendered
unless each member voting thereon has physically inspected the property.
The Board of Adjustment, within sixty (60) days of the date the appeal
was filed or the matter was referred to the Board, shall render a
decision followed by findings of fact and conclusions of law. If no
decision is rendered by the Board of Adjustment within sixty (60)
days of the date the application was filed or the matter was referred
to the Board, the Board of Adjustment decision shall be deemed to
support the original ruling, interpretation or decision and the appeal
shall be deemed denied unless said time period is extended by mutual
agreement in writing. The Board of Adjustment shall render and send
to the applicant a written decision on the appeal without unreasonable
delay and in no case after more than thirty (30) days of the decision.
F.
Period Of Validity. No variance granted by the Board
of Adjustment shall be valid for a period longer than one (1) year
from the date on which it grants the variance, unless within such
period:
1.
A building permit is obtained and the construction and alteration
of the construction is commenced and pursued diligently toward completion;
or
2.
An occupancy permit is obtained and a use or occupancy commenced.
The Board of Adjustment may grant extensions not exceeding one hundred
eighty (180) days each, upon written application, without notice or
hearing.
G.
Appeals To The Circuit Court. Any person or persons
jointly or severally aggrieved by any decision of the Board of Adjustment,
any neighborhood organization, as defined in Section 32.105, RSMo.,
representing such person or persons or any officer, department, board
or bureau of the municipality, may present to the Circuit Court of
the County or City in which the property affected is located a petition,
duly verified, setting forth that such decision is illegal, in whole
or in part, specifying the grounds of the illegality. Such petition
shall be presented to the Court within thirty (30) days after the
filing of the decision in the office of the Board.
[1]
State Reference—Similar provisions, §89.080, RSMo.
[R.O. 2005 §30-7; CC 1997 §30-7; Ord. No. 1905 §4, 5-18-1994; Ord.
No. 1927 §1, 8-17-1994; Ord. No. 1981 §1, 5-17-1995; Ord.
No. 2083 §§4—6, 6-5-1996; Ord. No. 2098 §1, 7-17-1996; Ord. No. 2147 §1, 2-19-1997; Ord.
No. 2894 §1, 7-16-2008]
A.
Purpose Statement. Conditional uses are those types of
uses which are considered to be essentially desirable, necessary or
convenient to the community but which by their nature can create 1)
a tendency to generate additional traffic volume; 2) an anticipated
need for parking beyond the development's private capacity; and/or
3) detrimental impacts on adjacent or neighboring properties due to
noise, pollutants or other characteristics associated with that particular
use. In order to assure that detrimental impact is avoided or mitigated,
each request for conditional use must be reviewed, approved and issued
a conditional use permit (CUP). Conditional uses are listed for each
zoning district.
B.
Application Requirements.
[Ord. No. 3394, 10-17-2018]
1.
Applications for a conditional use permit shall be made to the
City. To initiate the review process, the proper application, plans
and fees as set out in this Code must be filed with the City Planner.
The owner or leaseholder of a property may file a conditional use
permit application. If the application is made by a leaseholder or
an authorized agent of the owner, the property owner must also sign
the conditional use permit application or authorize the conditional
use permit application in writing. At the time that an application
is filed, the applicant shall pay a fee as required by the fee schedule
approved by the City Council.
2.
The requirements of this application shall apply to the review
of a proposed use for a conditional use permit. For an application
to be accepted for review, the following information shall be either
placed on the application, site plan or on a separate sheet accompanying
the submittal. Additional information to be placed on or submitted
with the application and site plan beyond the requirements listed
below may be requested by the City Planner. The City Planner may also
waive the submission requirement for any of the same following information:
a.
Letter addressed to the City Council describing the proposed
use and providing a complete account of the proposed operation.
b.
Location map, including north arrow and map scale.
c.
Zoning district, subdivision name, lot number, dimensions and
area, and zoning of adjacent parcels where different than site.
d.
Name, address and telephone number of the person or firm submitting
the application, the submitter's legal interest and the person or
firm who desires the review comments to be forwarded to them.
e.
Proposed use of the building and its construction type and distance
from adjacent property lines.
f.
Off-street parking and loading spaces, required and proposed,
including the number, size and location of those designated for the
handicapped.
g.
Type and availability of all utilities and of sanitary sewage
treatment and stormwater drainage facilities, including detention
and retention ponds.
h.
Dimensions of existing and proposed roadway pavement and right-of-way
width for streets abutting the site.
i.
Existing and proposed landscaping, including name and size of
plant material.
j.
Existing and proposed contour lines or elevations, based on
mean sea level datum, at intervals of five (5) feet or less.
k.
Location and size of existing and proposed freestanding signs.
l.
Location and identification of all right-of-ways and easements
(existing and proposed).
m.
Location and height of all light poles and type of lighting
and shielding.
n.
Overall dimensions of all buildings and the gross floor area
of each building.
o.
Approximate location of any stormwater retention or detention
facilities, sink holes and springs, silt berms, ponds and other silt
control facilities.
p.
At least two (2) section profiles through the site showing existing
and/or proposed structures, as well as existing natural grade and/or
proposed final grade.
q.
The proposed ingress and egress to the site including adjacent
streets.
r.
A plan showing the proposed design intent as it relates to architectural
consideration to be submitted to the Architectural Review Board for
approval. Plans should be in sufficient detail to allow evaluation
of the proposal and should show color, texture and material to be
used for all exterior construction. Materials selected for wall, floor
and roof construction shall comply with the provisions of the City
Building Code. Presentation of construction materials shall include
renderings, photographs, blueprints, a listing and/or photographs
of pre-existing facilities located within the City of Ellisville using
identical or similar materials and other graphic aids and/or physical
samples as may be required to depict and define the appearance of
the finished product as well as its durability as to exterior wall
construction.
s.
Use(s) proposed to be operated on the subject improved property.
t.
Demonstration of capacity to fulfill requirements imposed in
conjunction with the application if approved in original or amended
form.
C.
Staff Procedure. The City Planner shall review the submitted documents
for deficiencies. Within fifteen (15) days of receipt of the application,
the City Planner shall notify the applicant of any deficiencies or
the application shall be accepted for consideration before the Planning
and Zoning Commission, unless said timeframe is mutually waived. Applicant
must respond to the City Planner's list of deficiencies within thirty
(30) days or the application is deemed void, unless such timeframe
is mutually waived. Applications are scheduled for consideration by
Planning and Zoning when all submission requirements are met. Upon
receipt of the application, which has been determined to be complete
by the City Planner, the application shall be referred to the Planning
and Zoning Commission. However, if staff determines an application
to be incomplete, the applicant may request, in writing, that the
application be forwarded to the Planning and Zoning Commission nonetheless.
[Ord. No. 3394, 10-17-2018; Ord. No. 3405, 12-19-2018]
D.
Planning And Zoning Commission Procedure. The Planning and Zoning
Commission may hold a public hearing before their body, but is not
required to do so. The Planning and Zoning Commission shall investigate
and make a report and recommendation regarding the application based
upon the criteria for conditional use permit approval set forth in
this Section. Such report and recommendation shall be filed with the
Council within sixty (60) days of official submission to the Commission
unless said time period is extended by mutual agreement in writing.
The failure of the Commission to act within sixty (60) days after
the date of official submission to it shall be deemed approval. The
"date of official submission" shall mean the date of the first official
Planning and Zoning Commission meeting during which the application
is received and placed on the agenda for consideration.
[Ord. No. 3394, 10-17-2018]
E.
City Council Procedure. Upon receipt of the report and recommendation
of the Planning and Zoning Commission, the Council shall hold a public
hearing in relation to the application. The City Council may, at its
discretion, add to or delete conditions recommended by the Planning
and Zoning Commission. The City Council may refer the application
back to the Planning and Zoning Commission for further study before
making its final decision. The decision rendered by the City Council
shall require a simple majority vote except that a vote of at least
two-thirds (2/3) of all the members of the City Council will be required
to approve any application which fails to receive a favorable Planning
and Zoning Commission recommendation.
[Ord. No. 3394, 10-17-2018]
F.
Criteria For Conditional Use Permit Approval.
[Ord. No. 3365, 2-21-2018]
1.
It shall be the responsibility of the applicant to clearly establish
that the following criteria are met:
a.
The use will not have any negative effect upon traffic conditions.
(1)
In the event that the proposed commercial use or building is a motor vehicle oriented business as defined by Section 400.496, traffic impact consideration screening procedures as set forth in Section 400.496 shall be considered by the Council in determining whether there is a negative effect upon traffic conditions, in addition to any other evidence adduced pursuant to the permit procedure.
(2)
In the event that the proposed use or building is a multi-family development as defined by Section 400.496, traffic impact consideration screening procedures as set forth in Section 400.496 shall be considered by the Council in determining whether there is a negative effect upon traffic conditions, in addition to any other evidence adduced pursuant to the permit procedure.
b.
The use will not substantially increase fire hazards.
c.
The use will not adversely affect the character of the neighborhood.
d.
The use will not adversely affect the general welfare of the community.
e.
The use will not overtax the sewage or public utilities.
f.
The use will not adversely affect or overtax Police or other City
services.
g.
The use will be the highest and best use of the location applied
for.
h.
The use will not adversely affect the financial condition of the
City including any adverse impact upon utilities, property and sales
tax.
i.
The use will not have a substantial negative impact on the environment.
j.
The proposed use is compatible with surrounding uses and with the
surrounding neighborhood.
k.
The comparative size, floor area and mass of the proposed use and/or
proposed structure are appropriate and reasonable in relation to adjacent
structures and buildings on surrounding properties and in the surrounding
neighborhood.
l.
The proposed use will not adversely affect the neighborhood in terms
of water runoff, noise transfer or heat generation due to significant
amount of hard surfaced areas for buildings, sidewalk, drives, parking
and service areas.
m.
The frequency and duration of various indoor and outdoor activities
and special events associated with the proposed use will not have
a deleterious impact on the surrounding area.
n.
The proposed use is likely to remain in existence for a reasonable
length of time and not become vacant or unused and whether such use
involves the presence of unusual, single-purpose structures or components
of a temporary nature.
o.
The proposed use complies with the standards of good planning practices.
p.
The proposed use furthers the goals and objectives set forth in the
Comprehensive Plan.
q.
Where a proposed use has the potential for adverse impacts, sufficient
measures have been or will be taken by the applicant that would negate,
to an acceptable level, such potentially adverse impacts, as determined
by the City Council.
2.
If the Council's findings are positive and the Council determines
that the public health, welfare and safety are adequately protected,
then the application shall be approved, but if the Council's findings
are negative, then the application shall be denied.
G.
Amendment To A Conditional Use Permit. Any change in the
scope, use or aspect of an operation approved for a conditional use
permit which results in a condition that differs from the provisions
contained in the approved conditional use permit requires the approval
of an amendment. All requests for amendments must be filed on an application
form available through the Department of Planning. As part of the
application submission, additional documentation or pertinent information
related to the amendment may be required by the City Planner.
1.
Minor amendments.
a.
Requests for amendments that are deemed by the Director of Planning
to represent minor change(s) from the provisions of the originally
approved conditional use permit may be approved by the Planning and
Zoning Commission on a consent agenda. Minor amendments may include:
(1)
Change in hours of operation;
(2)
Change in days of operation;
(3)
Increasing or decreasing outdoor dining capacity;
(4)
Change in business or trade name, where ownership and nature
of business or trade remains the same;
(5)
Change in ownership of business not affecting the intensity
of the use; and
(6)
Other similar changes deemed minor by the Director of Planning.
b.
Amendments can be placed on a consent agenda only if the complete
application is made available for public inspection for a period of
ten (10) days prior to a hearing before the Planning and Zoning Commission.
c.
Minor amendments may be approved on the consent agenda by motion
of the Commission without separate discussion, but any such amendment
may be removed from the consent agenda on request of a Commission
member. If removed, the amendment can be discussed separately at that
time or rescheduled to a different hearing date.
2.
Other amendments. All other amendments shall be
subject to review and approval by the City Council and shall be subject
to the provisions of this Chapter as though an original application.
H.
Time Limit On Approval. Applications for permits, authorized
by a decision of the City Council, must be submitted within one (1)
year after the decision of the City Council. If no application for
a building permit is submitted within the one (1) year period, the
approval is automatically rescinded.
I.
Reapplication. If an application for a conditional use permit or
amendment to a conditional use permit, is denied, the same application
or substantially similar application may not be resubmitted to the
City within one (1) year of the date of denial unless approved by
no less than a supermajority favorable vote of the Council in an open,
public meeting. The City Planner shall determine whether an application
is the same application or substantially similar application.
[Ord. No. 3394, 10-17-2018]
J.
Revocation. The Council, after a public hearing, may revoke
a conditional use permit for failure of compliance with the regulations
and restrictions of this or any other Chapter of the Municipal Code
of the City of Ellisville or the requirements of the conditional use
permit.
K.
Appeals. An aggrieved party may, within fifteen (15) days
of the decision for which redress is sought, file with the City Council
a written request for reconsideration and appeal of any decisions
of the City Council under this Article. The written request must set
forth in a concise manner the decision being appealed and all grounds
known to the appellant as to wherein and why the decision is allegedly
in error. The request for reconsideration and appeal must be filed
with the City Clerk within the time specified above. A copy of the
request and any supporting documents or materials filed by aggrieved
party must be served by the aggrieved party on the applicant (if different
than the aggrieved party) by certified U. S. mail, return receipt
requested, within three (3) days of filing with the City Clerk. Proof
of service on the applicant must be filed with the City Clerk within
six (6) days of filing of the request. The City Council may consider
the appeal on the record of the prior decision or may, at its sole
discretion, receive additional evidence in such manner, as it deems
appropriate in light of the circumstances.
[R.O. 2005 §30-16; CC 1997 §30-16; Ord. No. 3388, 8-15-2018[1]]
A.
Environmental
Impact Statements. By filing an application for any of the following,
an applicant affirmatively agrees to a statement that the proposed
zoning, development, project, activity or use will not adversely impact
the environment:
1.
Zone changes; and
2.
Planned developments; and
3.
Conditional use permits; and
4.
Plats, including subdivisions and condominiums; and
5.
Grading permits; and
6.
Building permits; and
7.
Demolition permits; and
8.
Excavation permits; and
9.
Fill permits; and
10.
Tree removal permits.
If an applicant believes that the proposed, zoning, development,
project, activity or use will have an adverse impact on the environment,
the applicant must so state on the application.
|
B.
Environmental Impact Report. An Environmental Impact Report may be required upon the request of the City Planner, City Engineer, City Manager, a majority vote of the Planning and Zoning Commission, or a majority vote of the City Council for the Applications listed above in Subsection (A). A partial or comprehensive environmental impact analysis, including a report summarizing said analysis, may be required. The report should include the following, as applicable:
1.
The probable effect of a proposed project or activity on the quality
of the air, water or soil in and near the area of the proposed project
or activity;
2.
Any adverse environmental effects that cannot be avoided if the proposal
is implemented;
3.
Mitigation measures proposed to minimize the impact;
4.
Alternatives to the proposed action;
5.
Any irreversible environmental changes which would be involved in
the proposed action should it be implemented;
6.
The growth-inducing impact of the proposed action; and
7.
The boundaries of the area which may be significantly affected by
the proposed action.
[1]
Editor's Note: Ord. No. 3388 also changed the title of this
Section from "Environmental Impact Statements" to "Environmental Impact
Statements And Environmental Reports."
[R.O. 2005 §30-14; CC 1997 §30-14; Ord. No. 2288 §2, 11-18-1999; Ord. No. 2942 §2, 5-20-2009]
A.
All
land, buildings and uses must comply with the following performance
standards. Other project or use specific factors may be regulated
to protect the public health, welfare and safety as well as to protect
the character of the neighborhood.
1.
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,
excluding vehicular traffic unrelated to the subject use.
2.
Noise. Every use shall be so operated that the maximum
volume of sound or noise generated does not exceed seventy (70) decibels
at any point on the lot line of the lot on which the use is located.
3.
Odor. Every use shall be so operated that no offensive
or objectionable odor is perceptible at any point on the lot line
of the lot on which the use is located.
4.
Smoke. Every use shall be so operated that no smoke
from any source shall be emitted of a greater density than the density
described as No. 1 on the Ringelmann Chart as published by the United
States Bureau of Mines.
5.
Toxic gases. Every use shall be so operated that
there is no emission of toxic, noxious or corrosive fumes or gases.
6.
Emission of dirt, dust, fly ash and other forms of particulate
matter. Emission of dirt, dust, fly ash and other forms of
particulate matter shall not exceed eighty-five hundredths (85/100)
pounds per one thousand (1,000) pounds of gases of which amount not
to exceed five-tenths (5/10) pounds per one thousand (1,000) pounds
of gases shall be of such size as to be retained on a three hundred
twenty-five (325) mesh U.S. standard sieve. In the case of emission
of fly ash or dust from a stationary furnace or combustion device,
these standards shall apply to a condition of fifty percent (50%)
excess air on the stack at full load, which standards shall be varied
in proportion to the deviation of the percentage of excess air from
fifty percent (50%).
7.
Air pollution. Every form of objectionable odors,
smoke, toxic gases, particulate matter such as dirt, dust, fly ash
must be restricted to specific low levels of emissions as set forth
in Ord. No. 4365 of St. Louis County Code, as amended, titled Air
Pollution Control Code, Chapter 612, as amended from time to time.
8.
Radiation. Every amount of radioactive emissions
must be restricted to that considered safe by the Federal Radiation
Board Standards, as amended from time to time.
9.
Operations, heat and glare. Every operation producing
intense glare or heat must be enclosed so that they are imperceptible
at any lot line without instruments.
10.
Additional standards applicable to all new restaurants and upon change of ownership of existing restaurants, with the exception of bar b que restaurants as defined in Section 400.090:
[Ord. No. 3249 §6, 12-16-2015]
a.
Grease extraction efficiency. Exhaust system
shall have grease extraction efficiency of at least ninety percent
(90%) as tested by an approved agency.
b.
Maintenance. Equipment shall be maintained
at intervals as recommended by the manufacturer and property maintenance
performed in accordance with manufacturer's instructions.
c.
Cleaning. Hoods, grease removal devices, fans,
ducts and other appurtenances shall be cleaned to bare metal at frequent
intervals prior to surfaces becoming heavily contaminated with grease
or oily sludge.
11.
Outdoor storage. In all non-residential zoning districts
and in addition to other requirements required or allowed by law:
a.
Where outdoor storage abuts any residentially zoned property, a landscaped
yard of at least twenty-five (25) feet in width shall be provided
along the residentially zoned district property line, and the City
Planner shall require such reasonable landscaping, fencing and/or
screening as may be necessary and appropriate to secure, protect and
preserve the residential use of the abutting property; and
b.
Where outdoor storage is visible from any public right-of-way or
abuts any non-residential development, the City Planner shall require
such reasonable landscaping, fencing and/or screening as may be necessary
and appropriate to secure, protect and preserve the use of the abutting
property.
[R.O. 2005 §30-10; CC 1997 §30-10; Ord. No. 1927 §2, 8-17-1994; Ord.
No. 2083 §§8—11, 6-5-1996; Ord. No. 2147 §1, 2-19-1997; Ord. No. 3394, 10-17-2018]
A.
Purpose. To establish procedures for changing zoning district classification
of property.
B.
Application Requirements.
1.
A request for a change in the zoning district classification
of property may be made by the City Council, a City Official, or via
an application from the owner or leaseholder of the subject property.
If the application is made by a leaseholder or an authorized agent
of the owner, the property owner must also sign the zone change application
or authorize the zone change application in writing. Applications
for a change in zoning classification shall be made to the City. To
initiate the review process, the proper application, plans and fees
as set out in this Code must be filed with the City Planner.
2.
For an application to be accepted for review, the following
information shall be either provided on the application or on a separate
map and/or sheet accompanying same. Additional information to be placed
on or submitted with the application/site plan beyond the requirements
listed below may be requested by the City Planner. The City Planner
may also waive the submission requirement for any of the same following
information:
a.
Location map, including north arrow and map scale.
b.
Existing and proposed zoning district, subdivision name, lot
number, dimensions and area of the property proposed for rezoning,
and zoning of adjacent parcels where different than said subject property.
c.
A certified metes and bounds description of the property which
would be affected by the proposed zoning district change.
d.
Proposed use of the subject property, if any.
e.
Location and identification of all right-of-ways and easements
(existing and proposed).
f.
Name, address and telephone number of the person or firm submitting
the application, the submitter's legal interest and the person or
firm who desires the review comments to be forwarded to them.
C.
Staff Procedure. The City Planner shall review the submitted documents
for deficiencies. Within fifteen (15) days of receipt of the application,
the City Planner shall notify the applicant of any deficiencies or
the application shall be accepted for consideration before the Planning
and Zoning Commission, unless said timeframe is mutually waived. Applicant
must respond to the City Planner's list of deficiencies within thirty
(30) days or the application is deemed void, unless such timeframe
is mutually waived. Applications are scheduled for consideration by
Planning and Zoning when all submission requirements are met. Upon
receipt of the application, which has been determined to be complete
by the City Planner, the application shall be referred to the Planning
and Zoning Commission. However, if staff determines an application
to be incomplete, the applicant may request, in writing, that the
application be forwarded to the Planning and Zoning Commission nonetheless.
[Ord. No. 3405, 12-19-2018]
D.
Planning And Zoning Commission Procedure. The Planning and Zoning
Commission shall hold a public hearing in relation to the application.
The Planning and Zoning Commission shall investigate and make a report
and recommendation regarding the application based upon the criteria
for approval of a change in zoning district classification set forth
in this Section. Such report and recommendation shall be filed with
the Council within sixty (60) days of official submission to the Commission.
The failure of the Commission to act within sixty (60) days after
the date of official submission to it shall be deemed approval unless
said time period is extended by mutual agreement in writing. The "date
of official submission" shall mean the date of the first official
Planning and Zoning Commission meeting during which the application
is received and placed on the agenda for consideration.
E.
City Council Procedure. Upon receipt of the report and recommendation
of the Planning and Zoning Commission, the Council shall hold a public
hearing in relation to the application. The City Council may, at its
discretion, add to or delete conditions recommended by the Planning
and Zoning Commission. The City Council may refer the application
back to the Planning and Zoning Commission for further study before
making its final decision. The decision rendered by the City Council
shall require a simple majority vote except that a vote of at least
two-thirds (2/3) of all the members of the City Council will be required
to approve any application which fails to receive a favorable Planning
and Zoning Commission recommendation.
F.
Criteria For Approval Of Change In Zoning District Classification.
1.
It shall be the responsibility of the applicant to clearly establish
that the following criteria are met:
a.
The zone change will not adversely affect the character of the
neighborhood.
b.
The zone change will not have any negative effect upon traffic
conditions.
c.
The zone change will not substantially increase fire hazards.
d.
The zone change will not overtax the sewage or public utilities.
e.
The zone change will not adversely affect the public health,
safety and general welfare of the community.
G.
If the application for a change in zoning district classification
is approved and the ordinance is enacted, the City Planner shall be
directed to reflect said change upon the City's Zoning District Map
and file a copy of same with the City Clerk.
H.
Reapplication. If the application for a change in zoning district
classification is denied, the same application or substantially similar
application may not be resubmitted to the City within one (1) year
of the date of denial unless approved by no less than a supermajority
favorable vote of the Council in an open, public meeting. The City
Planner shall determine whether an application is the same application
or substantially similar application.
I.
Protest Petitions. The affirmative vote of at least two-thirds (2/3)
of all the members of the City Council shall be required to authorize
a change in zoning district, when a protest against said zone change
is presented to the City Clerk in writing. The protest petition must
be received by 5:00 P.M. Central Standard Time (CST) (including weekends
and holidays), the fifth day following the Planning and Zoning Commission
meeting. The protest shall be 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.
[R.O. 2005 §30-10; CC 1997 §30-10; Ord. No. 1927 §2, 8-17-1994; Ord.
No. 2083 §§8—11, 6-5-1996; Ord. No. 2147 §1, 2-19-1997; Ord. No. 3394, 10-17-2018]
A.
Purpose. To establish procedures for texts amendments to this Chapter
in order to amend, supplement, change, modify or repeal any provision
of the land use regulations set forth in this Code.
B.
Application Requirements.
1.
An applicant, the Council or a City Official may request a text
amendment. Applications for a text amendment shall be made to the
City. To initiate the review process, the proper application, plans
and fees as set out in this Code must be filed with the City Planner.
2.
For an application to be accepted for review, the following
information shall be either provided on the application or on a separate
sheet accompanying same. Additional information to be submitted with
the application beyond the requirements listed below may be requested
by the City Planner. The City Planner may also waive the submission
requirement for any of the same following information:
a.
A detailed description of the proposed amendment, supplement,
change, modification or repeal of any provision of this Chapter.
b.
The specific reason(s) the applicant is seeking the desired
amendment, supplement, change, modification or repeal of any provision
of this Chapter.
c.
The Section(s) of this Code or Chapter that would be impacted
and the extent of this impact. If more than one (1) Section would
be affected, each individual impact is to be detailed separately.
d.
Name, address and telephone number of the person or firm submitting
the application, the submitter's legal interest and the person or
firm who desires the review comments to be forwarded to them.
C.
Staff Procedure. The City Planner shall review the submitted documents
for deficiencies. Within fifteen (15) days of receipt of the application,
the City Planner shall notify the applicant of any deficiencies or
the application shall be accepted for consideration before the Planning
and Zoning Commission, unless said timeframe is mutually waived. Applicant
must respond to the City Planner's list of deficiencies within thirty
(30) days or the application is deemed void, unless such timeframe
is mutually waived. Applications are scheduled for consideration by
Planning and Zoning when all submission requirements are met. Upon
receipt of the application, which has been determined to be complete
by the City Planner, the application shall be referred to the Planning
and Zoning Commission. However, if staff determines an application
to be incomplete, the applicant may request, in writing, that the
application be forwarded to the Planning and Zoning Commission nonetheless.
[Ord. No. 3405, 12-19-2018]
D.
Planning And Zoning Commission Procedure. The Planning and Zoning
Commission shall hold a public hearing in relation to the application.
The Planning and Zoning Commission shall investigate and make a report
and recommendation regarding the application based upon the criteria
for approval of a text amendment set forth in this Section. Such report
and recommendation shall be filed with the Council within sixty (60)
days of official submission to the Commission. The failure of the
Commission to act within sixty (60) days after the date of official
submission to it shall be deemed approval unless said time period
is extended by mutual agreement in writing. The "date of official
submission" shall mean the date of the first official Planning and
Zoning Commission meeting during which the application is received
and placed on the agenda for consideration.
E.
City Council Procedure. Upon receipt of the report and recommendation
of the Planning and Zoning Commission, the Council shall hold a public
hearing in relation to the application. The City Council may, at its
discretion, add to or delete from recommendations of the Planning
and Zoning Commission. The City Council may refer the application
back to the Planning and Zoning Commission for further study before
making its final decision. The decision rendered by the City Council
shall require a simple majority vote except that a vote of at least
two-thirds (2/3) of all the members of the City Council will be required
to approve any application which fails to receive a favorable Planning
and Zoning Commission recommendation.
F.
Criteria For Approval Of Text Amendment.
1.
It shall be the responsibility of the applicant to clearly establish
that the following criteria are met:
a.
The text amendment will not adversely affect the character of
the neighborhood.
b.
The text amendment will not have any negative effect upon traffic
conditions.
c.
The text amendment will not substantially increase fire hazards.
d.
The text amendment will not overtax the sewage or public utilities.
e.
The text amendment will not adversely affect the public health,
safety and general welfare of the community.
G.
Reapplication. If the application for text amendment is denied, the
same application or substantially similar application may not be resubmitted
to the City within one (1) year of the date of denial unless approved
by no less than a supermajority favorable vote of the Council in an
open, public meeting. The City Planner shall determine whether an
application is the same application or substantially similar application.
H.
Protest Petitions. The affirmative vote of at least two-thirds (2/3)
of all the members of the City Council shall be required to authorize
a text amendment, when a protest against said text amendment is presented
to the City Clerk in writing. The protest petition must be received
by 5:00 P.M. Central Standard Time (CST) (including weekends and holidays),
the fifth day following the Planning and Zoning Commission meeting.
The protest shall be 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.
[R.O. 2005 §30-12; CC 1997 §30-12; Ord. No. 3035 §7, 7-20-2011]
A.
Effect Of Conflicting Provisions. Whenever the provisions
of this Chapter are in conflict with or on the same subject as any
existing or future ordinance, State Statute or Federal Statute, the
provisions of this Chapter or of any applicable ordinances which are
the most restrictive or which require the larger amount of space will
be binding and will prevail.
B.
Restraining And Correcting Of Violations. Anyone who either
as owner, contractor, agent, employee or otherwise erects, constructs,
reconstructs, alters, converts or maintains any building or structure
or uses land in violation of this Chapter or other regulation made
under authority of this unlawful erection, construction, reconstruction,
alteration, conversion, maintenance or use may be made to correct
or abate such violation and the Building Official is hereby empowered
to cause any building, structure, place or premises to be inspected
or examined and to order in writing the remedying of any condition
found to exist herein or threaten to be in violation of any provisions
of this Chapter or the regulations made under authority of this Chapter.
C.
Persons Liable For Violation. Those chargeable, singly or
jointly, with violations of this Chapter shall include, but are not
limited to, the following:
1.
Those who commit, assist in or otherwise participate in a violation.
2.
The owner or other persons who maintain the building, premises, property
or other place where the violation has been committed or exists.
3.
The owner's agent or person in charge of the building, premises,
property or other place where the violation has been committed or
exists.
4.
The lessee or tenants of all or part of the building, premises, property
or other place where the violation has been committed or exists.
5.
The developer, agent, architect, contractor, subcontractor or any
other person who performs work or enters into a contract for work
in violation of this Chapter.
D.
Violations And Penalties.
1.
The owner or general agent of a building or premises where a violation
of any provision of said regulations has been committed or shall exist,
or the lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist, or the owner, general
agent, lessee or tenant of any part of the building or premises in
which such violation has been committed or shall exist, or the general
agent, architect, builder, contractor or any other person who commits,
takes part or assists in any such violation or who maintains any building
or premises in which any such violation shall exist shall be guilty
of an ordinance violation punishable by a fine of not less than ten
dollars ($10.00) and not more than five hundred dollars ($500.00)
for each and every day that such violation continues or by imprisonment
for ten (10) days for each and every day such violation shall continue
or by both such fine and imprisonment in the discretion of the Court.
Notwithstanding the provisions of Section 82.300, RSMo., however,
for the second (2nd) and subsequent offenses involving the same violation
at the same building or premises, the punishment shall be a fine of
not less than two hundred fifty dollars ($250.00) or more than one
thousand dollars ($1,000.00) for each and every day that such violation
shall continue or by imprisonment for ten (10) days for each and every
day such violation shall continue or by both such fine and imprisonment
in the discretion of the Court.
2.
Any such person who having been served with an order to remove any
such violation shall fail to comply with such order within ten (10)
days after such service or shall continue to violate any provision
of the regulations made under authority of Sections 89.010 to 89.140,
RSMo., in the respect named in such order shall also be subject to
a civil penalty of two hundred fifty dollars ($250.00).