City of Ellisville, MO General Provisions

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.

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.

Section 400.090 Definitions.

[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]

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.

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.

Definitions. As used in this Chapter, the following terms shall have these prescribed meanings:

ACCESSORY BUILDING

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.

ACCESSORY USE

A subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.

ACRE

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.

ACT

The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 and as may, from time to time, be amended.

ADULT BOOKSTORE OR NOVELTY STORE

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.

ADULT ENTERTAINMENT BUSINESS OR ESTABLISHMENT

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.

ADULT ENTERTAINMENT FACILITY

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.

AGGRIEVED PARTY

A party entitled to resort to a remedy.

AGL

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.

ALLEY

A public or private thoroughfare which affords only a secondary means of access to abutting property.

ALTERATION

A physical change in a structure or an addition to a structure. The term "alteration" includes renovation, modification, rehabilitation and restoration.

ANCILLARY STRUCTURE

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.

ANTENNA

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.

ANTENNA SUPPORT STRUCTURE

A telecommunications tower.

APARTMENT

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.

APARTMENT DWELLING

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.

APPLICANT

Any person that applies for a conditional use permit for an antenna, tower or disguised support structure pursuant to this Chapter.

APPLICATION

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.

AUTOMOBILE REPAIR

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]

AUTOMOBILE SERVICE

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]

AUTOMOBILE WASH

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]

AUTOMOTIVE SALES

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.

BAR B QUE RESTAURANT

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.

BASEMENT

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.

BATHHOUSE

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.

BOARDING KENNEL

Any establishment where pet animals owned by another person are temporarily boarded for pay or compensation.

[Ord. No. 3131 §1, 10-16-2013]

BRICK

A shaped and hard fired modular construction or facing unit comprised of clay, shale or similar naturally occurring earthy substances.

BRICK VENEER

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.

BUILDING

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.

BUILDING HEIGHT

The vertical distance measured from the lowest exposed point of the building or structure to the highest point of the building or structure.

BUILDING LINE (SETBACK)

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.

CABINET

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.

CALIPER

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.

CANOPY TREE

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.).

CATERING SERVICE

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.

CELLAR

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.

CEMETERY

Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, mortuaries, necessary sales and maintenance facilities.

CHECK-CASHING/PAYDAY LOAN ESTABLISHMENT

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.

CHRISTMAS TREE LOTS

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".)

CHURCH

A structure in which a religious society, congregation or body of worshippers gather.

CIGAR BAR

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]

CIRCUS

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.

CITY

The City of Ellisville, a municipal corporation, in the State of Missouri acting by and through its City Manager or his/her designee.

CLINIC

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.

CODE

The City of Ellisville Municipal Code.

COMMUNICATION TOWER MULTI-USE INTEREST AREA

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.

COMMUNICATIONS OR TELECOMMUNICATIONS

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.

COMPREHENSIVE MARIJUANA CULTIVATION FACILITY

A facility licensed by the State of Missouri to acquire, cultivate, process, package, store on-site or off-site, transport to or from and sell 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]

COMPREHENSIVE MARIJUANA DISPENSARY FACILITY

A facility licensed by the State of Missouri to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver 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]

COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

A facility licensed by the State of Missouri to acquire, process, package, store, manufacture, transport to or from a medical facility, comprehensive facility, or 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]

CONDOMINIUM

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.

COSMETIC TATTOOING

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]

COUNCIL

The Ellisville, Missouri, City Council.

CRAFT/MICROBREWERY, CIDERY, WINERY OR DISTILLERY

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]

CURB REQUIREMENT

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.

DAY CARE CENTER

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.

DAY CARE HOME

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.

DAY SPA

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]

DECIDUOUS PLANT

Plants that drop their leaves before becoming dormant in winter; not an evergreen.

DEVELOPMENT PLAN

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.

DISGUISED SUPPORT STRUCTURE

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]

DWELLING

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.

DWELLING, MULTIFAMILY

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]

DWELLING, SINGLE-FAMILY

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

DWELLING, TWO-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.

DWELLING UNIT

A room or suite of rooms used as a dwelling including bath, sleeping and culinary accommodations for residential purposes and having a separate entrance.

EXCAVATION

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.

FAA

The Federal Aviation Administration.

FAMILY

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]

FCC

The Federal Communications Commission and any legally appointed, designated or elected agent or successor.

FENCE

An assemblage of materials forming a barrier at grade between a lot and street or alley or between portions of a lot or lots.

FENCE, SIGHTPROOF

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]

FILL

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.

FINANCIAL INSTITUTION

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.

FIREARMS

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.

FIREARMS SALES ESTABLISHMENT

Any premises or portion thereof used for the sale, vending, dealing, exchange or transfer of firearms or ammunition at wholesale or retail.

FIREWALL

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.

FIRING/SHOOTING RANGE

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.

FLOOR AREA—LIVING AREA

The area of a residence exclusive of carport, garage, breezeway, porch or unfinished basement (not including a cellar).

FRONTAGE

The edge of a lot bordering a street or streets.

FUNERAL HOME

See "MORTUARY".

GARAGE/CARPORT, PRIVATE

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.

GARAGE, PUBLIC

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.

GARAGE, STORAGE

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.

GASOLINE FILLING STATION

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]

GRADE

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.

GRADING

Excavation, fill or land disturbance or any combination thereof and shall include the conditions resulting from any excavation, fill or land disturbance.

GROUND COVER

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.

GROUP HOME

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.

HEIGHT

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.

HOME OCCUPATION or HOME-BASED BUSINESS

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]

HOOKAH LOUNGE

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]

HOSPITAL

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".

HOTEL

See "LODGING ESTABLISHMENT".

LANDSCAPED AREA

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.

LOADING SPACE

A space providing for the standing, loading or unloading of trucks.

LODGING ESTABLISHMENT

Any building, group of buildings, structure, facility, place or places of business where five (5) or more guest rooms are provided, which is owned, maintained or operated by any person and which is kept, used, maintained, advertised or held out to the public for hire 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.

LOT

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.

LOT, CORNER

A lot abutting upon two (2) or more streets at their intersection.

LOT, DEPTH OF

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.

LOT, DOUBLE FRONTAGE

A lot which at opposite ends abuts two (2) generally parallel streets.

LOT, PARCEL OF RECORD

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

LOT WIDTH

The width of a lot at the front yard setback line.

MANEUVERING SPACE

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.

MANUFACTURED HOME

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.

MARIJUANA MICROBUSINESS DISPENSARY FACILITY

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]

MARIJUANA MICROBUSINESS WHOLESALE FACILITY

A facility licensed by the State of Missouri to acquire, cultivate, process, package, store on-site or off-site, manufacture, transport to or from, deliver, and sell 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]

MARIJUANA or MARIHUANA

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]

MARIJUANA TESTING FACILITY

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]

MARIJUANA-INFUSED PRODUCTS

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]

MASONRY CONSTRUCTION

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.

MASSAGE

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.

[Ord. No. 3222 §1, 7-15-2015; Ord. No. 3455, 5-20-2020[3]]

MASSAGE THERAPY SERVICES

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]

MEDICAL MARIJUANA CULTIVATION FACILITY

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]

MEDICAL MARIJUANA DISPENSARY FACILITY

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]

MEDICAL MARIJUANA PRIMARY CAREGIVER

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]

MEDICAL MARIJUANA QUALIFYING PATIENT

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]

MEDICAL MARIJUANA TESTING FACILITY

A facility certified by the State of Missouri to acquire, test, certify and transport marijuana.

[Ord. No. 3415, 4-17-2019]

MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

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]

MINI-SHOP

An in-store facility having the following characteristics:

Without a drive-through,

Part of the store's open sales area,

Having no more than one thousand (1,000) square feet of floor space,

Without a separate outside entrance, and

Not designed as a separate generalized tenancy space.

MIXED-USE DEVELOPMENT

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.

MODELING STUDIO

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.

MODIFICATION

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.

MODULAR UNIT

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.

MORTUARY

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.

MOTEL

See "LODGING ESTABLISHMENT".

MOTOR VEHICLE

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.

MULTI-TENANT RETAIL BUILDING

A single building containing two (2) or more tenants providing retail goods, personal services, commercial services or recreational activities.

MUNICIPAL OPEN AIR MARKET

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.

NO-IMPACT HOME-BASED BUSINESS

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]

NON-CONFORMING LOT

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]

NON-CONFORMING PROJECT

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]

NON-CONFORMING STRUCTURE

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]

NON-CONFORMING USE

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]

NURSERY

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.

NURSING HOME AND FACILITIES

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]

OFFICE, GENERAL

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.

OFFICE, MEDICAL

An office or group of offices used by physicians, doctors, dentists, chiropractors, psychiatrists, psychologists and other medical professionals.

OPEN SPACE

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.

OUTDOOR BOOK EXCHANGE BOX

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]

OUTDOOR STORAGE

Storage of any material, equipment, merchandise or goods on the ground or a platform outside of a building.

PARK TREES

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.

PARKING SPACE

A durably surfaced area, unenclosed or enclosed in the main building or in an accessory building.

PARKING SPACE, DISABLED

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.

PAWNBROKER

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.

PAWNSHOP

The location at which or premises in which a pawnbroker regularly conducts business. Pawnshops are prohibited in all zoning districts.

PERSON

Any natural person, firm, partnership, association, corporation, company or other legal entity, private or public, whether for profit or not-for-profit.

PIERCING STUDIO OR ESTABLISHMENT

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.

PLACE

An open unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.

PREROLL

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]

PRIVATE TREES

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).

RENTAL OR LEASING OF PASSENGER MOTOR VEHICLES FACILITY

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]

RESALE/CONSIGNMENT SHOP

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]

RESTAURANT

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]

RETAIL TOBACCO STORE

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]

RETIREMENT COMPLEX

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]

SCHOOL

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.

SCHOOL, PUBLIC

Any school operated by a public school district or by a City, County, State or Federal Government agency.

SHELTER, TELECOMMUNICATIONS EQUIPMENT

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.

SHOPPING CENTER

A group of two (2) or more buildings and tenants featuring commercial establishments managed as a single entity.

SIGN

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.

SITE

Any single or contiguous lots, tracts, projects or subdivisions of land owned by a single person, by several persons acting jointly or a corporation.

SITE PLAN

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.

SPECIFIED SEXUAL ACTIVITIES

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.

STABLE, PRIVATE

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

STORAGE FACILITY

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]

STORY

That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.

STORY, HALF

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.

STREET

All property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to public or private easements thereon.

STREET LINE

A dividing line between a lot, tract or parcel of land and a contiguous street.

STREET TREES

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.

STRUCTURAL ALTERATIONS

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.

STRUCTURE

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.

SUPPORT STRUCTURE, TELECOMMUNICATIONS TOWER

A tower or disguised support structure.

TATTOOING

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.

TATTOOING ESTABLISHMENT

Any place or facility where tattooing is performed.

[Ord. No. 3531, 9-21-2022]

TELECOMMUNICATIONS FACILITIES

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.

TEMPORARY FOOD VENDOR

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]

TEMPORARY VENDOR

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]

TOWER, TELECOMMUNICATIONS

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.

TOWN CENTER

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.

TREE CANOPY COVERAGE

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.

TRUCK RENTAL FACILITY

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]

USED MOTOR VEHICLE LOT OR SALES

The annual sale of more than four (4) used vehicles not in conjunction with a new and used motor vehicle sales agency.

VAPOR LOUNGE

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]

VEHICULAR USE AREAS

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)

	FIGURE 1

WHEEL STOP REQUIREMENT

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)

	FIGURE 2

WOODLANDS, MATURE

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.

WOODLANDS, YOUNG

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.

YARD

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).

YARD, FRONT

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]

YARD, REAR

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.

YARD, SIDE

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.

ZONING DISTRICT

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.

Section 400.100 Zoning Districts Established.

[R.O. 2005 §30-1; CC 1997 §30-1; Ord. No. 2932 §2, 2-4-2009]

Zoning Districts. For the purpose of this Chapter, the City of Ellisville is hereby divided into the following zoning districts:

"OS" Open Space Single-Family Residential Zoning District

"R-1" Single-Family Residential Zoning District

"R-2" Planned Residential Zoning District

"R-3" Residential Zoning District

"R-4A" Residential Zoning District

"R-4B" Residential Zoning District

"WNU" Wildwood Non-Urban Zoning District

"C-1" Open Space Commercial Zoning District

"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

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.

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.

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.

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:

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.

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.

In unsubdivided property, the zoning district boundary lines on the map shall be determined by use of the scale appearing on the map.

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.

Section 400.110 Compliance With The Regulations.

[R.O. 2005 §30-2; CC 1997 §30-2]

Except as hereinafter specifically provided:

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.

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.

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.

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.

Section 400.120 Non-Conformities.

[R.O. 2005 §30-3; CC 1997 §30-3; Ord. No. 3253 §3, 1-20-2016[1]]

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.

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.

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.

Appeals. Appeals to this Section shall be made to the Board of Adjustment.

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.

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:

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.

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.

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.

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.

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.

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:

The alteration(s) must comply with all applicable regulations.

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.

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.

All other modifications, alterations, and/or repairs must reduce the non-conforming structure to full conformity with all applicable regulations.

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.

Non-conforming Uses.

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.

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.

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.

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.”

Section 400.130 Administration. [1]

[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]

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.

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.

Section 400.140 Board of Adjustment — Appeals, Procedure. [1]

[R.O. 2005 §2-257; CC 1997 §2-257; Ord. No. 3276 §2, 4-20-2016]

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.

Application.

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.

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.

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.

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.

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.

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.

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:

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;

The granting of the variance shall not adversely affect the rights of adjacent property owners or residents;

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;

The variance desired will not adversely affect the public health, safety, order, convenience and general welfare of the community;

Granting the variance desired will not violate the general spirit and intent of Chapters 400 and 500 of this Code.

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;

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;

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.

Any other criteria applicable to specific variance applications, including the following:

Floodplain management variance. All criteria and requirements set forth in Section 420.050, Floodplain Management Variance Procedures.

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.

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.

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.

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:

A building permit is obtained and the construction and alteration of the construction is commenced and pursued diligently toward completion; or

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.

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.

Section 400.150 Conditional Use Permit Procedure.

[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]

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.

Application Requirements.

[Ord. No. 3394, 10-17-2018]

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.

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:

Letter addressed to the City Council describing the proposed use and providing a complete account of the proposed operation.

Location map, including north arrow and map scale.

Zoning district, subdivision name, lot number, dimensions and area, and zoning of adjacent parcels where different than site.

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.

Proposed use of the building and its construction type and distance from adjacent property lines.

Off-street parking and loading spaces, required and proposed, including the number, size and location of those designated for the handicapped.

Type and availability of all utilities and of sanitary sewage treatment and stormwater drainage facilities, including detention and retention ponds.

Dimensions of existing and proposed roadway pavement and right-of-way width for streets abutting the site.

Existing and proposed landscaping, including name and size of plant material.

Existing and proposed contour lines or elevations, based on mean sea level datum, at intervals of five (5) feet or less.

Location and size of existing and proposed freestanding signs.

Location and identification of all right-of-ways and easements (existing and proposed).

Location and height of all light poles and type of lighting and shielding.

Overall dimensions of all buildings and the gross floor area of each building.

Approximate location of any stormwater retention or detention facilities, sink holes and springs, silt berms, ponds and other silt control facilities.

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.

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

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.

Use(s) proposed to be operated on the subject improved property.

Demonstration of capacity to fulfill requirements imposed in conjunction with the application if approved in original or amended form.

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]

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]

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]

Criteria For Conditional Use Permit Approval.

[Ord. No. 3365, 2-21-2018]

It shall be the responsibility of the applicant to clearly establish that the following criteria are met:

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.

The use will not substantially increase fire hazards.

The use will not adversely affect the character of the neighborhood.

The use will not adversely affect the general welfare of the community.

The use will not overtax the sewage or public utilities.

The use will not adversely affect or overtax Police or other City services.

The use will be the highest and best use of the location applied for.

The use will not adversely affect the financial condition of the City including any adverse impact upon utilities, property and sales tax.

The use will not have a substantial negative impact on the environment.

The proposed use is compatible with surrounding uses and with the surrounding neighborhood.

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.

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.

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.

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.

The proposed use complies with the standards of good planning practices.

The proposed use furthers the goals and objectives set forth in the Comprehensive Plan.

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.

The use will comply with all other applicable provisions of this Chapter including performance standards as set forth in Section 400.170.

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.

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.

Minor amendments.

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.

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.

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.

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.

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.

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]

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.

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.

Section 400.160 Environmental Impact Statements And Environmental Reports.

[R.O. 2005 §30-16; CC 1997 §30-16; Ord. No. 3388, 8-15-2018[1]]

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:

Zone changes; and

Planned developments; and

Conditional use permits; and

Plats, including subdivisions and condominiums; and

Grading permits; and

Building permits; and

Demolition permits; and

Excavation permits; and

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.

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:

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;

Any adverse environmental effects that cannot be avoided if the proposal is implemented;

Mitigation measures proposed to minimize the impact;

Alternatives to the proposed action;

Any irreversible environmental changes which would be involved in the proposed action should it be implemented;

The growth-inducing impact of the proposed action; and

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."

Section 400.170 Performance Standards.

[R.O. 2005 §30-14; CC 1997 §30-14; Ord. No. 2288 §2, 11-18-1999; Ord. No. 2942 §2, 5-20-2009]

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.

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.

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.

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.

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.

Toxic gases. Every use shall be so operated that there is no emission of toxic, noxious or corrosive fumes or gases.

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%).

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.

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.

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]

Grease extraction efficiency. Exhaust system shall have grease extraction efficiency of at least ninety percent (90%) as tested by an approved agency.

Maintenance. Equipment shall be maintained at intervals as recommended by the manufacturer and property maintenance performed in accordance with manufacturer's instructions.

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:

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

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.

Section 400.180 Zone Changes.

[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]

Purpose. To establish procedures for changing zoning district classification of property.

Application Requirements.

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.

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:

Location map, including north arrow and map scale.

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.

A certified metes and bounds description of the property which would be affected by the proposed zoning district change.

Proposed use of the subject property, if any.

Location and identification of all right-of-ways and easements (existing and proposed).

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.

[Ord. No. 3405, 12-19-2018]

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.

Criteria For Approval Of Change In Zoning District Classification.

It shall be the responsibility of the applicant to clearly establish that the following criteria are met:

The zone change will not adversely affect the character of the neighborhood.

The zone change will not have any negative effect upon traffic conditions.

The zone change will not substantially increase fire hazards.

The zone change will not overtax the sewage or public utilities.

The zone change will not adversely affect the public health, safety and general welfare of the community.

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.

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.

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.

Section 400.185 Text Amendments.

[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]

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.

Application Requirements.

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.

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 detailed description of the proposed amendment, supplement, change, modification or repeal of any provision of this Chapter.

The specific reason(s) the applicant is seeking the desired amendment, supplement, change, modification or repeal of any provision of this Chapter.

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.

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.

[Ord. No. 3405, 12-19-2018]

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.

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.

Criteria For Approval Of Text Amendment.

It shall be the responsibility of the applicant to clearly establish that the following criteria are met:

The text amendment will not adversely affect the character of the neighborhood.

The text amendment will not have any negative effect upon traffic conditions.

The text amendment will not substantially increase fire hazards.

The text amendment will not overtax the sewage or public utilities.

The text amendment will not adversely affect the public health, safety and general welfare of the community.

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.

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.

Section 400.190 Conflicts, Violations and Penalties.

[R.O. 2005 §30-12; CC 1997 §30-12; Ord. No. 3035 §7, 7-20-2011]

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.

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.

Persons Liable For Violation. Those chargeable, singly or jointly, with violations of this Chapter shall include, but are not limited to, the following:

Those who commit, assist in or otherwise participate in a violation.

The owner or other persons who maintain the building, premises, property or other place where the violation has been committed or exists.

The owner's agent or person in charge of the building, premises, property or other place where the violation has been committed or exists.

The lessee or tenants of all or part of the building, premises, property or other place where the violation has been committed or exists.

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.

Violations And Penalties.

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.

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).