City of Ellisville, MO Article IV Residential Zoning Districts

Section 400.200 "OS" Open Space Single-Family Residential Zoning District.

[R.O. 2005 §30-26; CC 1997 §30-26; Ord. No. 2083 §15, 6-5-1996; Ord. No. 3035 §7, 7-20-2011; Ord. No. 3037 §2, 8-17-2011]

A. Purpose. The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "OS" Open Space Single-Family Residential Zoning District. All lots in this zoning district shall be restricted to one (1) habitable residential structure per lot.

B. Permitted Uses. A building or premises shall be used only for the following purposes:

1. Single-family dwelling.

2. Day care home under Section 400.450 herein.

3. Home occupation.

C. Conditional Uses.

Short term residential rentals.

[Ord. No. 3312 § 2, 3-15-2017]

D. Accessory Uses.

1. Accessory building and uses including private stables, home occupations, private garages, carports, storage and ancillary structures.

2. Residential swimming pools and hot tubs (St. Louis County Health Department Standards Regulations shall govern).

3. Any accessory building that is not a part of the main structure shall not be located in front of the front building line and must conform with all other applicable setback requirements.

4. Accessory buildings which are not a part of the main building although connected by an open breezeway may be built on a required side or rear yard, but such accessory building shall not be nearer than ten (10) feet to any side or rear lot lines nor shall any such accessory building occupy more than thirty percent (30%) of the required rear yard.

5. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used for dwelling purposes.

6. A garage or carport shall conform with all building and other regulations applicable to the residential structure.

7. All private garages, storage and structures and ancillary structures shall comply with setback requirements applicable to this zoning district.

8. The height of a private garage or carport, storage garage or structure or ancillary structure shall not exceed the maximum height of the existing building. A private stable shall not exceed the height of twenty-five (25) feet. A private garage, stable or carport, storage garage or structure or ancillary structure shall not exceed seventy-five percent (75%) of the floor space of the principal living area of the original structure as determined and/or measured from and around the outside wall faces of said area.

9. Persons wishing to construct and use additional attached or detached garages or carports, storage garages or structures or ancillary structures within this zoning district must receive a building permit from the Building Official.

10. Persons wishing to construct and use more than one (1) detached garage, carport, storage garage or structure, ancillary structure or any combination of the aforementioned within this zoning district or which do not comply with the above must receive approval from the Architectural Review Board as well as review and approval of the proposed construction by the Code Enforcement Officer. However, the Architectural Review Board may not authorize an accessory structure to exceed the parameters of the definition of an accessory structure, which requires it be subordinate in use and size.

E. Parking Requirements.

1. Single-family dwelling. Minimum of two (2) parking spaces, covered or uncovered.

2. Commercial vehicles may not be displayed or advertised for sale in this zoning district regardless of vehicle or property ownership.

3. No motor vehicle licensed in excess of eighteen thousand (18,000) pounds gross vehicle weight may be parked in this zoning district with the exception of vehicles while making local deliveries.

4. Any new driveway or existing driveway widened from a single driveway to a double driveway shall be constructed of a finished hard surfaced material and shall be similar to that which already exists.

5. Driveways and surfaced parking areas shall not occupy more than thirty percent (30%) of a front yard.

6. All parking shall be further restricted and/or prohibited in conformance with , Traffic and Motor Vehicles, of the Municipal Code of the City of Ellisville.

F. Area Requirements.[1]

1. Minimum lot area per dwelling unit. Three (3) acres (one hundred thirty thousand six hundred eighty (130,680) square feet), not including twenty-five (25) feet for roadway dedication. No new lots shall be created of less than three (3) acres in area.

2. Minimum width of lot. Two hundred (200) feet measured at the required building line.

3. Minimum floor area. One thousand eight hundred (1,800) square feet and a minimum of six (6) rooms. Developments with six (6) or more units: an average of one thousand seven hundred (1,700) square feet per unit, with a minimum of one thousand five hundred (1,500) square feet.

4. Minimum depth of front yard. Fifty (50) feet.

5. Minimum width of side yard. Fifty (50) feet.

6. Minimum depth of rear yard. Seventy-five (75) feet.

7. Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot. No accessory building shall project beyond the front building line on either street.

8. Where lots have a double frontage, the required front yard shall be provided on both streets.

9. All buildings shall occupy no more than fifty percent (50%) of the lot or tract.

10. No private stable shall be allowed within one hundred (100) feet of any property line. Affiliated pasture areas shall be fenced.

[1] Editor's Note: Also see Section 400.475, Building Setbacks And Yards.

G. Height Requirements. The maximum height of a building or structure in this district is three (3) stories or thirty-five (35) feet, excluding basements.

H. Exterior Finish Requirements.

1. As defined by this Chapter, the word "masonry" shall include brick veneer and/or stone veneer for outside construction, but shall exclude cinder block, calicrete cement, block and imitation stone. The use of asbestos shingles or asbestos siding shall not be permitted.

2. The exterior design within each area of a subdivision shall be varied.

3. All residential buildings in the Open Space Single-Family Residential Zoning District shall be of a masonry construction as hereinafter described. A minimum of eighty percent (80%) of such residential building shall be of masonry construction.

a. The eighty percent (80%) masonry construction of each residential building may be reduced in accordance with the gross floor area, excluding basement and garage, as follows:

(1) One thousand five hundred (1,500) square feet to one thousand eight hundred (1,800) square feet, to not less than thirty-five percent (35%) masonry;

(2) One thousand eight hundred one (1,801) square feet to two thousand three hundred (2,300) square feet, to not less than twenty percent (20%) masonry;

(3) Two thousand three hundred one (2,301) square feet or larger, no masonry construction required.

b. In determining the amount of masonry required in each residential building, the following formula shall be used:

The total square feet of all sides of the building from foundation to roof line, excluding eaves, gables and the garage door, times the percentages required as referred to above (eighty percent (80%), thirty-five percent (35%) or twenty percent (20%), shall equal the square feet of masonry required in each building.

4. Applications for construction of a residence in this zoning district where a single lot exists in an established neighborhood, which would not comply with the allowed masonry construction percentage reduction as provided for in Subsection (H)(3)(a) shall be made to the Architectural Review Board.

5. Any exterior wall construction material other than finished face brick or stone as required by this Section must be approved by a majority vote of the Architectural Review Board and approved by majority vote of the Council. Presentation of alternative construction materials as provided by the Section shall include renderings, photos, blueprints and other graphic aids as may be required to define the appearance of the finished product, as well as its durability as to exterior wall construction. Face brick or natural stone construction does not require approval of the Council or Architectural Review Board.

6. The use of alternate exterior design materials consistent with the original exterior design materials may be permitted by the City Planner in conjunction with building additions, alterations or remodeling if said materials are compatible with pre-existing materials and those materials of surrounding dwelling units.

7. In the event of diminishment of the square footage of the original principal structure, the exterior design materials of said structure must be brought into compliance with those materials of surrounding dwelling units or in compliance with Subsection (H)(3)(a) whichever is less restrictive.

I. Site Design Requirements.

1. Sidewalks shall not be required in this zoning district.

2. All new construction within this zoning district shall require the dedication of road right-of-way of a width determined by the City to be sufficient for roadway widening purposes. Said roadway right-of-way dedication may be required to be paved and done so at a time and in a manner prescribed by the Council. The City Planner may waive said roadway dedication in the case of single lot residential construction.

3. All development, improvements and uses in this district shall comply with all applicable regulations contained in Article VIII, Site Design, of this Chapter as well as Section 405.350, Woodlands Preservation.

Section 400.210 "R-1" Single-Family Residential Zoning District.

[R.O. 2005 §30-27; CC 1997 §30-27; Ord. No. 2019 §1, 10-18-1995; Ord. No. 2083 §16, 6-5-1996; Ord. No. 2105 §1, 8-21-1996; Ord. No. 2854 §2, 11-7-2007; Ord. No. 2932 §3, 2-4-2009; Ord. No. 3035 §7, 7-20-2011; Ord. No. 3037 §3, 8-17-2011]

A. Purpose. The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "R-1" Single-Family Residential Zoning District. All lots in this zoning district shall be restricted to one (1) habitable residential structure per lot.

B. Permitted Uses. A building or premises shall be used only for the following purposes (as defined in Section 400.090 where applicable):

1. Single-family dwelling.

2. (Reserved)[1]

[1] Editor’s Note: Former Subsection B(2), Church or other non-denominational place of worship, was repealed 12-4-2014 by Ord. No. 3141 §1. See now Subsection C.

3. Day care home under Section 400.450 herein.

4. Home occupation.

5. Public school.

6. Christmas tree lot as defined in Section 400.090.

C. Conditional Uses.

Community center.

Church or other non-denominational place of worship.

[Ord. No. 3141 §1, 12-4-2013]

Day-care center.

Group home. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.

Hospital.

Library.

Liquor sales in conjunction with permitted uses and conditional uses.

Museum.

Nursing home facility.

Private civic, fraternal or charitable club.

Public building.

Public park and playground.

Recreation facility, public or private.

School, college (other than public).

Short term residental rentals.

[Ord. No. 3312 § 2, 3-15-2017]

Utility facility.

D. Accessory Uses.

[Ord. No. 3135 §1, 11-20-2013]

1. Accessory building, private garages, carports, storage and ancillary structures, all as defined in Section 400.090.

a. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced.

b. No accessory building shall be used for dwelling purposes.

2. Residential swimming pools and hot tubs (St. Louis County Health Department Standards Regulations shall govern).

E. Area Requirements For Accessory Building(s) And Ancillary Structure(s).

[Ord. No. 3135 §1, 11-20-2013[2]]

1. Any accessory building or ancillary structure which is not a part of the main building shall not be located in front of the front building line.

2. Any accessory building and ancillary structure which is not a part of the main building may be built on a required side or rear yard, hut such accessory building or ancillary structure shall not be nearer than ten (10) feet to any side or rear lot line.

3. Accessory buildings and ancillary structures shall not occupy more than thirty percent (30%) of the required rear yard. There shall be not more than two (2) accessory buildings or ancillary structures with a combined maximum area of six hundred (600) square feet.

4. The height of a private garage or carport, storage garage or structure, accessory building or ancillary structure shall not exceed the maximum height of the existing building.

5. A private garage or carport, storage garage or structure, accessory building or ancillary structure shall not exceed seventy-five percent (75%) of the floor space of the principal living area of the original structure as determined and/or measured from and around the outside wall faces of said area.

6. Unenclosed decks and porches which are attached to the main structure shall comply with the setbacks required for the principal structure, unless otherwise approved by the City Council.

7. Persons wishing to construct and use more than two (2) accessory buildings or ancillary structures or any combination within this zoning district or which do not comply with the above must receive approval from the City Council as well as review and approval of the proposed construction by the Building Official. However, the City Council may not authorize an accessory building or ancillary structure to exceed the parameters of the definition of an accessory building, which requires it be subordinate in use and size.

[2] Editor's Note: Pursuant to this ordinance, former Subsections E through I were redesignated as Subsections F through J.

F. Parking Requirements.

1. Single-family dwelling. Minimum of two (2) parking spaces, covered or uncovered.

2. Off-street parking for non-residential uses in this zoning district must be approved by the conditional use procedure.

3. Any new driveway, driveway extension, driveway widening, expansion, turnaround area, addition, pad areas or other driveway improvement shall be constructed of a finished hard surfaced material and shall be similar to that which already exists.

4. No motor vehicle licensed in excess of eighteen thousand (18,000) pounds gross vehicle weight may be parked in this zoning district. Motor vehicles licensed eighteen thousand (18,000) pounds gross vehicle weight or less, but in excess of twelve thousand (12,000) pounds gross vehicle weight, must be parked or stored in the driveway or behind the front building line. Vehicles, while making local deliveries or providing local services, are exempt from the provisions of this Section.

5. Driveways and surfaced parking areas shall not occupy more than thirty percent (30%) of a front yard.

G. Area Requirements.[3]

1. Lot sizes. The size of lots or other provisions for residential use shall be as follows:

a. Option I—minimum lot area per dwelling unit. One-half (½) acre (twenty-one thousand seven hundred eighty (21,780) square feet), including twenty-five (25) feet of roadway frontage and twelve thousand (12,000) square feet minimum lot area for existing platted lots for residential use.

b. Option II. The following requirements are established as exceptions to Option I if, at the discretion and choice of the City, a park area of ten percent (10%) of the total subdivision area is established or a sum of money equal to ten percent (10%) of the market value of the unimproved land intended to be subdivided is paid to the City. If the City elects to require said sum of money, such sum is to be used by the City, as determined by the Council who may first request a recommendation from the Park Board, for the purchase, development or maintenance of City parks and/or facilities.

(1) The overall density shall not exceed two and one-half (2½) single-family residential dwelling units per acre including parks and roadways. No lot shall be less than twelve thousand (12,000) square feet in area exclusive of roadways or park areas or both.

(2) For a proposed subdivision application to receive consideration for acceptance by the City, such proposed park area(s) must be usable and suitably located with adequate road entrances and must be reviewed and recommended by the Planning and Zoning Commission and approved by the Council who may first request a recommendation from the Park Board. Such park area shall be established by the subdivider either by dedication to public use in the plat approved by the City Planning and Zoning Commission or shall be established by covenants running with the land contained in deeds for each lot in the subdivision and shall be recorded with the St. Louis County Recorder of Deeds.

(3) If the proposed park dedication is denied by the City of Ellisville, the developer may still elect to develop under Option II by paying to the City a sum of money equal to ten percent (10%) of the market value of the unimproved land intended to be subdivided, paid on basis of the market value of the entire area to be developed, not only on the basis of individual lots which do not conform with Subsection (F)(1)(a).

(4) The market value of such unimproved land to be subdivided may be determined by real estate appraisal or mutual agreement between the Council and the developer. Said real estate appraisal may be waived if the subdivider or developer and the Council are able to enter into a voluntary agreement regarding the value of the unimproved land. Such agreement is to be reached at a public meeting of the Council with minutes recording the basis of the agreement. If an appraisal must be made, said appraisal must be performed by a State certified general real estate appraiser and the cost of same shall be paid by the subdivider or developer with the selection of an appraiser made by the City.

(5) The Council may give consideration to other park dedication and/or sums of money in lieu thereof options including, but not limited to:

(a) A combination of park ground dedication and cash in lieu park to comprise a combined area and/or amount equal to the total requirement of this Section.

(b) Land outside of the subject subdivision being considered as part or all of the park dedication requirement of this Section.

(6) Each developer or subdivider who establishes such a park as provided for herein or has complied with Subsection (F)(1)(b)(3) shall pay to the City the sum of thirty-five dollars ($35.00) for each lot in the subdivision, payable upon issuance of each individual building permit, to be used for the development or maintenance of City parks.

(7) The architectural design of the houses in each subdivision shall be sufficiently varied so as to eliminate undue uniformity in appearance.

2. Minimum width of lot. One hundred (100) feet measured at the required building line.

3. Minimum floor area. One thousand five hundred (1,500) square feet and a minimum of six (6) rooms. For existing dwelling units as of the date of enactment of this Section, minimum floor area shall be nine hundred (900) square feet. It is the intention of this Section that existing lots with nine hundred (900) square foot or larger dwelling units are to be considered as conforming lots and structures for purposes of the application of Section 400.120.

4. Minimum depth of front yard. Thirty-five (35) feet. Consideration shall be given by the Council to adjusting the setback or front building line from that required for residential development to retain, whenever possible, existing topography, rock formations, large trees, natural features, natural watercourses, historical sites or other similar assets. The minimum front yard setback for properties within the Autumn View Subdivision shall be twenty-five (25) feet.

5. Minimum width of side yard. Ten (10) feet.

6. Minimum depth of rear yard. Thirty (30) feet.

7. Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot. No accessory building shall project beyond the front building line on either street.

8. Where lots have a double frontage, the required front yard shall be provided on both streets.

9. All buildings shall occupy no more than fifty percent (50%) of the lot or tract.

[3] Editor's Note: Also see Section 400.475, Building Setbacks And Yards.

H. Height Requirements.

1. The maximum height of a single-family dwelling is two and one-half (2½) stories or thirty-five (35) feet, excluding basements.

2. Other permitted and conditional uses. Maximum height of fifty-five (55) feet and church and temple spires and steeples to a maximum height of seventy-five (75) feet, provided that the building is set back from all yard lines at least one (1) foot for each foot of height or in conformance with all other applicable setback requirements, whichever is greater.

I. Exterior Finish Requirements.

1. As defined by this Chapter, the word "masonry" shall include brick veneer and/or stone veneer for outside construction, but shall exclude cinder block, calicrete cement, block and imitation stone. The use of asbestos shingles or asbestos siding shall not be permitted.

2. The exterior design within each area of a subdivision shall be varied.

3. All residential buildings in the "R-1" Single-Family Residential Zoning District shall be of a masonry construction as hereinafter described. A minimum of eighty percent (80%) of such residential building shall be of masonry construction.

a. The eighty percent (80%) masonry construction of each residential building may be reduced in accordance with the gross floor area, excluding basement and garage, as follows:

(1) One thousand five hundred (1,500) square feet to one thousand eight hundred (1,800) square feet, to not less than thirty-five percent (35%) masonry;

(2) One thousand eight hundred one (1,801) square feet to two thousand three hundred (2,300) square feet, to not less than twenty percent (20%) masonry;

(3) Two thousand three hundred one (2,301) square feet or larger, no masonry construction required.

b. In determining the amount of masonry required in each residential building, the following formula shall be used: The total square feet of all sides of the building from foundation to roof line, excluding eaves, gables and the garage door, times the percentages required as referred to above (eighty percent (80%), thirty-five percent (35%) or twenty percent (20%), shall equal the square feet of masonry required in each building.

4. Applications for construction of a residence in this zoning district where a single lot exists in an established neighborhood, which would not comply with the allowed masonry construction percentage reduction as provided for in Subsection (H)(3)(a) shall be made to the Architectural Review Board.

5. Any exterior wall construction material other than finished face brick or stone as required by this Section must be approved by a majority vote of the Architectural Review Board and approved by majority vote of the Council. Presentation of alternative construction materials as provided by the Section shall include renderings, photos, blueprints and other graphic aids as may be required to define the appearance of the finished product, as well as its durability as to exterior wall construction. Face brick or natural stone construction does not require approval of the Council or Architectural Review Board.

6. The use of alternate exterior design materials consistent with the original exterior design materials may be permitted by the City Planner in conjunction with building additions, alterations or remodeling if said materials are compatible with pre-existing materials and those materials of surrounding dwelling units.

7. In the event of diminishment of the square footage of the original principal structure, the exterior design materials of said structure must be brought into compliance with those materials of surrounding dwelling units or in compliance with Subsection (H)(3)(a) whichever is less restrictive.

J. Site Design Requirements.

1. All single-family dwelling construction, development and site design requirements provided for in this zoning district shall comply with the provisions set forth in this Chapter, Chapter 510, Streets, Sidewalks and Other Public Places, Chapter 405, Subdivisions and as may be required by the Council and/or City Planner.

2. All permitted and conditional uses with the exception of a single-family dwelling provided for in this zoning district shall comply with the provisions set forth in Article VIII, Site Design, Chapter 510, Streets, Sidewalks and Other Public Places, other applicable Sections of this Chapter which may vary depending upon the proposed development and use and as may be required by the Council and/or City Planner.

3. All new construction within this zoning district shall require the dedication of road right-of-way of a width determined by the City to be sufficient for roadway widening purposes. Said roadway right-of-way dedication may be required to be paved and done so at a time and in a manner prescribed by the Council. The City Planner may waive said roadway dedication in the case of single lot residential construction.

4. All signs and signage not specified in this Section or Chapter shall comply with the provisions set forth in Chapter 410, Signs and Advertising Devices of the Municipal Code of the City of Ellisville.

5. All development, improvements and uses in this district shall comply with all applicable regulations contained in Article VIII, Site Design, of this Chapter as well as Section 405.350, Woodlands Preservation.

Section 400.211 Clarkson Meadows and Marsh Field Acres Preservation Overlay Districts.

[Ord. No. 2865 §1, 12-19-2007]

A. Purpose Statement. The Clarkson Meadows Preservation Overlay District and the Marsh Field Acres Preservation Overlay District are created to support and enhance the single-family residential character of the neighborhoods. The intent of these regulations is to ensure that future use, infill redevelopment, and renovation within the subdivisions is compatible and consistent with the established residential character of the neighborhoods by preserving existing single-family residential uses and lot sizes. Special consideration should also be given to preserving open space and requiring complementary design characteristics and consistent setbacks, massing and building heights.

B. Location Of The Overlay District. The Clarkson Meadows Preservation Overlay District is identified as all properties zoned "R-1" Single-Family Residential on both sides of Vero Lane and addressed 1220 through 1275 Vero Lane.

The Marsh Field Acres Preservation Overlay District is identified as all properties zoned "R-1" Single-Family Residential on both sides Marsh, Hilltop, Fairview and Field.

C. Significance Of Designation. The regulations herein shall supersede or supplement, as applicable, the regulations of the base zoning district. Where conflict results between the regulations of the preservation overlay district and the provisions of the base zoning district, the provisions of the preservation overlay district shall control.

D. Uses Permitted. The uses permitted by right are:

1. Single-family dwelling;

2. Day care home (as per the provisions of the land use regulations);

3. Home occupations (as per the provisions of the land use regulations);

All other uses listed in the base zoning district (permitted by right or permitted by conditional use permit), not listed above, shall require a conditional use permit.

E. Area Regulations. All area regulations shall be as required in the base zoning district; except as follows:

[Ord. No. 3427, 8-21-2019]

1. Minimum lot size. Within the Clarkson Meadows subdivision the minimum lot size shall be one-third (1/3) acre. Within the Marsh Field Acres subdivision the minimum lot size shall be one (1) acre.

2. Front yard coverage. The open, park-like appearance of the front setback is a significant character-defining element. It provides a soft, landscaped buffer between the homes and the street, creating an inviting, unified appearance. Paving and other hard materials, in excess, can detract from this appearance and should be limited to the narrow driveways as traditionally found in both subdivisions. Lots within the overlay district shall have no more than thirty percent (30%) of the required front yard setback covered by driveways and surfaced parking areas.

3. Total lot coverage. The presence of open lawn and landscaped areas throughout the subdivision is a strong character-defining feature of the neighborhood. Additions and new construction should utilize similar lot coverage as traditionally found in the subdivision to maintain the open character of the street and ensure compatibility with adjacent homes. All buildings shall occupy not more than fifty percent (50%) of the lot.

4. Orientation of primary structure. Building entrances have typically been oriented towards the front yard and the street within both subdivisions, accenting the primary facade of the building and creating a uniform line along the street. Structures should be designed to be consistent with the typical organization of the neighborhood. The front entrance to a building shall be located on the front facade of the building, oriented towards the front yard and street.

5. Front yard setback. Within the Marsh Field Acres Preservation Overlay District, the consistent appearance of a broad, landscaped front setback and uniform building edge creates a sense of visual continuity along the street and creates an open appearance characteristic. As new development occurs, the open character of the front setback should be preserved. The front yard setback shall not be less than the average of those found along the block.

Within the Clarkson Meadows Preservation Overlay District, a minimum thirty-five (35) foot front yard shall be maintained for all lots.

6. Building materials/colors. Within the Marsh Field Acres Preservation Overlay District, the subdivisions is dominated by the use of wood siding and brick materials. Wood lap siding is the primary material found. Accent materials vary and include standard size brick in a variety of red tones and some stone. Materials and colors utilized for significant renovations or for new homes should be consistent and compatible with those found in the subdivisions.

Within the Clarkson Meadows Preservation Overlay District, architectural materials for all residential buildings may consist of a combination of materials including brick, stone, stucco and vinyl, wood and metal siding.

7. Building height/scale/massing/form. Homes in the subdivisions are primarily one- and two-story ranch designs with a strong horizontal orientation. Designs of additions or new homes in each area should be responsive to surrounding development, ensuring that they are compatible in terms of mass, scale and height with existing homes along a block. The maximum building height shall be limited to two and one-half (2½) stories or thirty-five (35) feet, excluding basements.

8. Appeals. Determinations or interpretations made by the City Planner regarding the building materials/colors and building height/scale/massing/form, as listed above, may be appealed to the Architectural Review Board by any aggrieved person.

Section 400.215 Environmental Protection Overlay Zoning District.

[Ord. No. 3514, 5-4-2022]

A. Purpose And Intent. The purpose of the Environmental Protection Overlay Zoning District ("EPOZD") is to protect public health and the environment, while allowing appropriate development activities and practices within the "EPOZD." The requirements of the "EPOZD" establishes a protective zoning process that places more focus on the assessment of physical characteristics and public and environmental hazards that may exist on a property through a multiple-step, review process, and will assure soil and groundwater containing concentrations of any contaminants, as such term is defined herein, are abated in accordance with all Federal, State and local laws, regulations and guidance.

B. Definitions. As used in this Section, the following terms shall have the following definitions:

CONTAMINANTS

1. Substances defined as "hazardous substances," "hazardous materials" or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et seq.; or the Hazardous Materials Transportation Act, as amended, 49 U.S.C. § 1801, et seq.; or the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq.; or

2. Those substances defined as "hazardous waste," "hazardous substance" or "hazardous substances" in Section 260.360, 260.500 or 260.565, RSMo., as amended, or under the regulations promulgated pursuant to Chapter 260, RSMo., as amended; or

3. Asbestos in any form, urea formaldehyde foam insulation, transformers or other equipment which contain dielectric fluid or other fluids containing levels of polychlorinated biphenyls in excess of the standard established by the U.S. Environmental Protection Agency ("EPA"); or

4. Any other chemical, material, substances, or contaminant, the exposure to which is prohibited, limited or regulated by any governmental authority or by any Federal, State or local laws, or which the EPA or the Missouri Department of Natural Resources ("MDNR") finds may be hazardous to public health or safety, including, but not limited to, dioxins, lead, cadmium, arsenic, trichloroethylene ("TCE"), or any other heavy metal or organic solvent which may cause harm to human health and well-being.

C. Significance Of Designation. The regulations herein shall supersede or supplement, as applicable, the regulations of the base zoning district. Where conflict results between the regulations of the "EPOZD" and the provisions of the base zoning district, the provisions of the "EPOZD" shall control. Properties may be added to or removed from the "EPOZD" though the process set forth in Section 400.180.

D. Permitted Uses. All uses permitted by right in the base zoning district.

E. Conditional Uses. All uses conditionally permitted in the base zoning district.

F. Development Requirements.

1. Application Requirements. For any application listed in Subsection (F)(2)(a) regarding any property, or part thereof, located within the "EPOZD," the following shall be required, in addition to any other information required by the City Code:

a. Federal and State mapping, and any associated documentation, of any environmental hazards that are known or assumed to exist on the site.

b. Current letters from the EPA and/or MDNR regarding any past and/or existing conditions of the subject site and other pertinent information relative to the safety of it for its intended use.

c. Environmental Reports.

(1) The City's third-party environmental engineer shall prepare an Environmental Impact Report ("EIR") in accordance with Section 400.160(B). In addition, the EIR shall include the results of soil and groundwater testing performed upon samples at a minimum of one (1) location within each one hundred (100) foot by one hundred (100) foot section of the property, as measured beginning at the most southern and western point of the property line. The City Manager, or his/her designee, shall specify the contaminants for which to be tested, based on his/her reasonable belief as to which contaminants are potentially present on the property. The City Manager, or his/her designee, may also limit the areas to be tested, or authorize an alternate testing method, including a Phase I Environmental Site Assessment and, if warranted based on the results of the Phase I assessment, a Phase II Environmental Site Assessment, if the City Manager, or his/her designee, determines that such alternate testing method will effectively accomplish the objectives of this Section. The City Manager, or his/her designee, may also require a Phase III Environmental Site Assessment and a Phase IV Environmental Site Assessment, if such assessment is determined to be warranted by the City Manager, based on the outcome of prior assessments. At a minimum, the City Manager shall require that testing be performed at or near any location on a property in which there are indications that the area has been disturbed by digging, grading, or excavation activity, or that historical information about the property indicates such area has been the site of disturbance or dumping of contaminants, unless such areas have been previously been tested and contaminants have been found to be within acceptable levels. The City Manager, or his/her designee, may consult available environmental reports, including EPA reports and correspondence to the City from the EPA, relating to properties within the "EPOZD" to determine appropriate contaminants for which to be tested, appropriate testing methods, and which areas shall be tested or not tested. An applicant may appeal such determinations as set forth in Subsection (F)(5).

(a) Exception. The third-party environmental engineer is not required to perform testing within sections that the applicant demonstrates have been previously tested by the EPA and said testing showed contaminants within acceptable levels for the proposed use of the property, unless required to do so upon request by the City Manager, City Planner, or City Engineer.

(2) All costs associated with preparation of an EIR shall be borne by the applicant, provided that the City may support an application for grant funding by the property owner or applicant.

2. Review Procedure.

a. The following applications for properties or parts thereof located within the "EPOZD" shall be subject to the requirements of this Section:

(1) Zone changes;

(2) Planned developments;

(3) Conditional use permits;

(4) Plat approvals, including subdivision plats and condominium plats;

(5) Grading/land disturbance permits;

(6) Building permits;

(7) Demolition permits;

(8) Excavation permits;

(9) Fill permits; and

(10) Tree removal permits.

b. The City Manager, or his/her designee, shall review the submitted application for deficiencies. Upon receipt of the application, including the EIR, the City Manager, or his/her designee, shall review the application for any deficiencies. Applicant must respond to the City's list of deficiencies within thirty (30) days or the application is deemed void, unless such timeframe is mutually waived. Within thirty (30) days of the acknowledgment by the City Manager, or his/her designee, of compliance with all submission requirements, the City Manager, or his/her designee, shall determine whether the purposes of this Section require any additional conditions relating to the following:

(1) The type, extent and timeframe/schedule of abatement, remediation, mitigation or compliance to Federal, State, County, and City environmental laws, standards, regulations, and/or requirements relating to contaminants, environmental concerns or public or environmental hazards existing on the property, including those identified by an EIR prepared in accordance with this Section; or

(2) The methods or type of development practices, improvements, and common ground required; or

(3) The inclusion of more after-development inspections and site monitoring to ensure all components of the governing ordinance for the project are still adhered to, are in place, being maintained, or otherwise still applicable and germane, which must be described as part of the application process for a development within the "EPOZD" along with the identification of the inspecting entity; or

(4) Dedication of land or payment of fees for public space, road improvements, schools or for other infrastructure or public facilities impacted by the development; or

(5) Required provisions for funding of maintenance agreements or trust indentures.

3. Mitigation. The applicant must submit proof of completion of all mitigation and remediation measures recommended by the EPA, MDNR and the City's third-party environmental engineer, within the timeframe/schedule outlined in the EIR. Failure to comply with all recommended mitigation and remediation measures shall be grounds for denial or revocation of a permit, issuance of a stop work order, or any other legal or equitable remedy available to the City provided by law. If the use for which a permit has been sought is a conditional use in the base zoning district, the applicant shall be subject to the conditional use permit approval procedures set forth in Section 400.150.

4. Trust Indentures. In developments where common areas exist, which may include open spaces, recreational grounds, environmentally protected areas by covenants or other restrictive agreements, or natural resource protection areas, are provided and the acreage of which is or is not included in the gross acreage for density calculation purposes, a trust indenture shall be recorded simultaneously with the record plat. The indenture shall provide for the proper and continuous maintenance and supervision of said lands by trustees to be selected and to act in accordance with the terms of such indenture and the land shall be deeded to the trustees under said indenture by general warranty deed. The indentures shall contain specific language restricting any alteration or disturbance of any area of the development subject to an environmental covenant or restriction.

5. 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 City staff under this Section. 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 400.220 "R-2" Planned Residential Zoning District.

[R.O. 2005 §30-28; CC 1997 §30-28; Ord. No. 2098 §5, 7-17-1996; Ord. No. 2143 §1, 2-5-1997; Ord. No. 2489 §§1—2, 3-6-2002; Ord. No. 2810 §§1—5, 1-3-2007; Ord. No. 3035 §7, 7-20-2011; Ord. No. 3037 §4, 8-17-2011; Ord. No. 3249 §4, 12-16-2015]

A. Purpose. The purpose of this zoning district is to implement the City's Comprehensive Plan by creating a district suitable for low density, urban low density and medium-density residential developments which feature modern, integrated, imaginative architectural design, site arrangement and City planning. Such zoning districts shall be laid out and developed as a unit according to an approved plan as provided below so as to accomplish such purpose.

B. Permitted Uses.

Church or other non-denominational place of worship.

Day care home under Section 400.450 herein.

Home occupation.

Public school.

Single-family dwelling.

C. Conditional Uses.

[Ord. No. 3312 § 2, 3-15-2017]

Day care center.

Eleemosynary retirement complex.

Multi-family dwellings.

Public building.

Recreation facility, public or private.

School, college (other than public).

Short term residential rentals.

Two-family dwelling.

Utility facility.

D. Accessory Uses.

1. Accessory building, private garages, carports, storage and ancillary structures.

2. Parking lots, carports and parking garages.

3. Private recreational facilities as an accessory use to residential developments for the exclusive use of residents of the development.

4. Residential swimming pools and hot tubs.

5. The following commercial uses when located within a multi-family structure, provided these occupy not more than five percent (5%) of the floor area of the structure, and provided, further, that no displays are visible from the outside of the structure:

a. Food store or drugstore;

b. Barber or beauty shop;

c. Self-service laundry facility;

d. Restaurant, by conditional use permit, if required;

e. Newspaper and magazine stand.

E. Area Requirements For Accessory Buildings And Ancillary Structures.

1. Any accessory building or ancillary structure that is not a part of the main structure shall not be located in front of the front building line.

2. Any accessory building or ancillary structure, except those within a multi-family development, which are not a part of the main building may be built on a required side or rear yard, but such accessory building shall not be nearer than ten (10) feet to any side or rear lot lines.

3. Accessory buildings or ancillary structures shall not occupy more than thirty percent (30%) of the required rear yard. There shall be not more than two (2) accessory buildings or ancillary structures with a combined maximum area of six hundred (600) square feet.

4. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used for dwelling purposes.

5. The height of a private garage or carport, storage garage or structure, accessory building or ancillary structure shall not exceed the maximum height of the existing building.

6. A private garage or carport, storage garage or structure, accessory building or ancillary structure shall not exceed seventy-five percent (75%) of the floor space of the principal living area of the original structure as determined and/or measured from and around the outside wall faces of said area.

7. Unenclosed decks and porches which are attached to the main structure shall comply with the setbacks required for the principal structure, unless otherwise approved by the City Council.

8. Persons wishing to construct and use more than two (2) accessory buildings or ancillary structures or any combination of the aforementioned within this zoning district or which do not comply with the above must receive approval from the City Council as well as review and approval of the proposed construction by the Code Enforcement Officer. However, the City Council may not authorize an accessory building or ancillary structure to exceed the parameters of the definition of an accessory building, which requires it be subordinate in use and size.

F. Parking Requirements.

1. Single-Family Dwelling. Minimum of two (2) enclosed parking spaces.

2. Two-Family Dwelling. Minimum of two (2) enclosed parking spaces.

3. Multiple-Family Dwelling/Condominium. Minimum of two (2) parking spaces for each unit with a minimum of thirty percent (30%) of the spaces covered.

4. No motor vehicle licensed in excess of eighteen thousand (18,000) pounds gross vehicle weight may be parked in this zoning district. Motor vehicles licensed eighteen thousand (18,000) pounds gross vehicle weight or less, but in excess of twelve thousand (12,000) pounds gross vehicle weight, must be parked or stored in the driveway or behind the front building line of a two-family dwelling or parked or stored in the required parking area of a multi-family development. Vehicles, while making local deliveries or providing local services, are exempt from the provisions of this Section.

5. Off-street parking for non-residential uses in this zoning district must be approved by the conditional use procedure.

6. Any new driveway or existing driveway widened from a single driveway to a double driveway shall be constructed of a finished hard surfaced material and shall be similar to that which already exists.

7. Driveways and surfaced parking areas shall not occupy more than thirty percent (30%) of a front yard, or as may be approved by the City Council.

8. Light standards throughout any multi-family development are to be high pressure sodium, backshielded and limited to twenty (20) feet in height.

G. Area Requirements.

1. The minimum area for an "R-2" Planned Residential Zoning District shall be three (3) acres.

2. The aggregate gross area of all buildings, parking lots and streets shall not exceed sixty percent (60%) of the entire lot area of the project, or as may be approved by the City Council.

3. Maximum number of dwelling units. The City shall designate the total number of dwelling units to be permitted on the proposed site. The maximum number of dwelling units will be based on guidance from the land use element narrative and land use plan contained in the Ellisville Comprehensive Plan adopted December 9, 1998, as amended.

a. Medium-Density Residential.

(1) Two-family dwelling units/duplexes shall be constructed on minimum lot size of no less than twenty-one thousand seven hundred eighty (21,780) square feet per two-family dwelling unit/duplex dwelling. This minimum lot size may be decreased at the discretion of the City Council if the developer deposits a park sum or dedicates a park area per the requirements set forth in Subsection (F)(4).

(2) Multi-family dwelling units/condominiums shall be constructed with no more than ten (10) units per acre. The number of units per acre may be increased from ten (10) units to fourteen (14) units per acre if the developer deposits a park sum per the requirements set forth in Subsection (F)(4). No single building in the development shall have more than twelve (12) individual units.

(a) Urban Low-Density. Multi-family dwelling units/condominiums units shall be constructed with no more than five (5) dwelling units per acre.

4. Park Sum Requirements. The following requirement is established for compliance with the provisions relating to same contained in Subsections (F)(3)(a)(1) and (F)(3)(a)(2).

a. Park Sum/Park Dedication Requirements For Planned Residential District. At the discretion and choice of the City, a park area of ten percent (10%) of the total planned residential district shall be established, or a sum of money equal to ten percent (10%) of the market value of the unimproved land intended as the planned residential district shall be paid to the City. If the City elects to require said sum of money, such sum is to be used by the City, as determined by the Council, who may first request a recommendation from the Park Board, for the purchase, development or maintenance of City parks and/or facilities.

b. The market value of such unimproved land to be subdivided/developed may be determined by an independent real estate appraisal. Said appraisal must be performed by a State certified general real estate appraiser and the cost of same shall be paid by the subdivider or developer with the selection of an appraiser made by the City.

5. Recreational Areas Requirement. Not less than fifteen percent (15%) of the area of a planned multi-family residential development shall be developed by the applicant for recreational activities. The fifteen percent (15%) recreational activities shall be utilized for active facilities and shall not include picnic areas. Merely by way of example and not by limitation, active facilities may include swimming pools, tennis courts, jogging or walking trails and handball or racquetball facilities. Such recreational space shall be available to and accessible by all residents of the project. The maintenance of the recreational areas and facilities shall be the responsibility of the applicant or his/her or its successor. In addition to the above mentioned fifteen percent (15%) recreational requirement, developments hereunder shall be required to devote forty percent (40%) of the total area of the development to open space. The fifteen percent (15%) recreational space requirement shall be included in the forty percent (40%) open space requirement. "Open space" is defined as 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 above ground structural improvements. No outdoor speakers or lighted tennis courts are permitted.

6. Minimum Building Setback.[1]

a. Single-Family Dwellings And Two-Family Dwellings/Duplex Dwellings. See Section 400.210(G), or as may be approved by the City Council.

b. Multi-Family Dwellings/Condominiums. No building or parking area shall be erected nearer than ten (10) feet to the perimeter of the entire tract; except, however, that no building or parking area shall be erected nearer than sixty (60) feet to the right-of-way boundary of any public street nor closer than fifty (50) feet to an existing single-family use or zoning district. Building setbacks from internal streets shall be a minimum of twenty (20) feet. For the purpose of interpreting and enforcing the yard requirements of this Subsection, the entire area included within the planned residential development shall be considered as a single lot; more than one (1) building or structure may be erected thereon and the only front, rear and side yards that need to be observed are those provided for in this Subsection.

[1] Editor's Note: Also see Section 400.475, Building Setbacks And Yards.

7. All storage of household items, outdoor furniture, appliances, building materials or of any material shall be within an enclosed building.

8. Minimum Floor Area.

a. Single-Family Dwelling, Excluding Basement. One thousand five hundred (1,500) square feet.

b. Two-Family Dwelling, Excluding Basement. Two thousand (2,000) square feet with a minimum of one thousand (1,000) square feet of living area per unit.

c. Multi-Family Dwelling/Condominium, Excluding Basement. One thousand (1,000) square feet of useable living area for each unit.

H. Height Requirements.

1. Single-Family Dwellings And Two-Family Dwellings. Maximum height of two and one-half (2 1/2) stories or thirty-five (35) feet, excluding basements.

2. Multi-Family Dwellings/Condominiums. No building shall exceed forty (40) feet in height nor contain more than three (3) stories, except, however, when the tract to be developed abuts land which is not a right-of-way for an existing public street, in which case no building exceeding twelve (12) feet in height may be erected along the ten (10) foot perimeter described in Subsection (F)(6)(b). A building may be erected one (1) additional foot in height over twelve (12) feet for each foot by which the building is set back from the ten (10) foot perimeter, subject, however, to the overall forty (40) feet height limitation.

3. Other Permitted And Conditional Uses. Maximum height of fifty-five (55) feet and church and temple spires and steeples to a maximum height of seventy-five (75) feet, provided that the building is set back from all yard lines at least one (1) foot for each foot of height or in conformance with all other applicable setback requirements, whichever is greater.

I. Exterior Finish Requirements.

1. Single-Family Dwellings And Two-Family Dwellings. See Section 400.210(I).

2. Multi-Family Dwellings/Condominiums.

a. As defined by this Chapter, the word "masonry" shall include brick veneer and/or stone veneer for outside construction but shall exclude cinder block, calicrete cement, block and imitation stone. The use of asbestos shingles or asbestos siding shall not be permitted. The exterior design within each area of a subdivision shall be varied.

b. A minimum of fifty percent (50%) of each structure shall be of masonry construction and shall occur on all elevations.

c. Fifty percent (50%) of said structures may include materials that would be harmonious with the masonry and used and/or constructed as architectural features, gables, dormers, porches, trim, canopies, etc.

3. Any exterior wall construction material other than finished face brick or stone as required by this Section must be approved by a majority vote of the Architectural Review Board and approved by majority vote of the Council. Presentation of alternative construction materials as provided by the Section shall include renderings, photos, blueprints and other graphic aids as may be required to define the appearance of the finished product, as well as its durability as to exterior wall construction. Face brick or natural stone construction does not require approval of the Council or Architectural Review Board.

J. Site Design Requirements.

1. Single-Family Dwellings And Two-Family Dwellings. Must conform with applicable provisions set forth in this Section, Chapter 510, Streets, Sidewalks and Other Public Places, Chapter 405, Subdivisions, including Section 405.350, Woodlands Preservation and other applicable Sections of this Chapter which may vary depending upon the proposed development and use and as may be required by the Council and/or City Planner.

2. Multi-Family Dwellings/Condominiums.

a. The development shall be designed as a whole, unified single project in compliance with the requirements of this zoning district and if built in stages, each shall conform with the approved plan.

b. Any part of the project area not used for buildings or other structures or for parking, loading or access ways shall be landscaped with grass, trees, shrubs and pedestrian walks.

c. Continuing maintenance of all required screen plantings, as shown on the approved plan, shall be a requisite of conformance for the "R-2" Planned Residential Zoning District.

d. When the rear or side yard abuts any residential zoning use or district, a minimum of fifty (50) foot landscaped buffer area shall be established and maintained along said property lines. The buffer area shall contain evergreen plant material with a minimum height of six (6) feet planted on ten (10) foot centers. A siteproof fence located within the buffer shall be provided and maintained as required by Section 400.360, unless otherwise specified by the Council. Landscaped buffer areas required by this Section may be located within the rear yard where allowed. Parking lots and other structures, not to include sidewalks, may not be located within said landscaped buffer area.

e. One (1) monument sign with the identification of the complex may be erected at each primary entrance, provided such signs shall not exceed thirty-two (32) square feet per sign face. Such signs shall not contain flashing, moving or intermittent illumination.

f. One (1) sign for the purposes of identification may be erected on required yards or on buildings/structures, provided such sign is not more than two (2) square feet in area; does not contain flashing, moving or intermittent illumination; and meets the requirements of other City ordinances.

g. Streets, sidewalks and other site improvements shall be governed in all respects by the provisions set forth in Chapter 510, Streets, Sidewalks and Other Public Places and/or Chapter 405, Subdivisions of the Municipal Code of the City of Ellisville.

3. The City shall give consideration to the effect of the proposed multiple dwelling or multiple dwelling development upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the public health, safety and general welfare. The City may also impose the following additional requirements which may be more restrictive than otherwise contained in this Section:

a. Greater front and side yard requirements.

b. Specific maximum heights for the proposed multiple dwellings.

c. The total number of dwelling units to be permitted on the proposed site.

d. The minimum size of individual dwelling units.

e. The number of parking spaces to be provided for the proposed multiple dwelling.

f. Landscaping and screening for the proposed multiple dwellings.

g. Exterior lighting requirements.

h. Ingress and egress provisions to public or private streets.

i. Such other requirements as are deemed necessary to protect the character of the neighborhood and the general welfare of the City.

4. All permitted and conditional uses provided for in this zoning district shall comply with the provisions set forth in Article VIII, Site Design, Chapter 510, Streets, Sidewalks and Other Public Places, other applicable Sections of this Chapter which may vary depending upon the proposed development and use and as may be required by the Council and/or City Planner.

5. All new construction within this zoning district shall require the dedication of road right-of-way of a width determined by the City to be sufficient for roadway widening purposes. Said roadway right-of-way dedication may be required to be paved and done so at a time and in a manner prescribed by the Council. The City Planner may waive said roadway dedication in the case of single lot residential construction.

6. All signs and signage not specified in this district shall comply with the provisions set forth in Chapter 410, Signs and Advertising Devices of the Municipal Code of the City of Ellisville.

Section 400.230 "R-3" Residence District Regulations.

[R.O. 2005 §30-29; Ord. No. 2169 §1, 4-16-1997]

A. Purpose. The City of Ellisville has annexed unincorporated territories of St. Louis County; and the Missouri Revised Statutes mandate that the zoning classification of an annexed territory shall remain the same as it was prior to the annexation. Therefore, this Section contains the district regulations for those areas annexed by the City with prior St. Louis County "R-2" Residence District zoning.

B. Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:

1. Churches.

2. Day care homes.

3. Dwellings, single-family.

4. Forests and wildlife reservations as well as conservation projects.

5. Golf courses, including practice driving tees on the same premises. Miniature golf courses and independent practice driving tees are excluded.

6. Home occupations.

7. Libraries, public or private not-for-profit.

8. Local public utility facilities, sixty (60) feet or less in height, provided that any installation, other than poles and equipment attached to the poles, shall be:

a. Adequately screened with landscaping, fencing or walls or any combination thereof, or

b. Placed underground, or

c. Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

All plans for screening these facilities shall be submitted to the Department of Planning and Community Development for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning and Community Development.

9. Parks, parkways and playgrounds, public or private not-for-profit.

10. Schools, public or private kindergarten, secondary and collegiate.

11. Schools, public or private elementary, on a tract of land of at least five (5) acres.

C. Conditional Land Use And Development Permits. The following land uses and developments may be permitted under conditions and requirements specified in conditional use permits:

[Ord. No. 3312 § 2, 3-15-2017]

	Day care centers.
	Golf courses which are illuminated and practice driving tees. Miniature golf courses are excluded.
	Group homes. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
	Group living facilities providing a permanent residence for not more than nine (9) individuals, all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution.
	Hospitals and hospices.
	Local public utility facilities over sixty (60) feet in height.
	Nursing homes.
	Police and fire stations.
	Private not-for-profit clubs, private not-for-profit recreational land uses and community centers.
	Public utility facilities.
	Retreats owned and operated by religious, educational or other not-for-profit establishments.
	Schools, public or private elementary, on a tract of land of at least three (3) acres but less than five (5) acres.
	Sewage treatment facilities, other than facilities permitted as an accessory use.
	Short term residential rentals.
	Specialized private schools.

D. Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Detached above ground accessory structures shall not cover more than a total of seven percent (7%) of the lot area. Accessory uses include the following:

1. Devices for the generation of energy, such as solar panels, wind generators and similar devices.

2. Individual sewage treatment facilities serving an individual dwelling or non-residential use as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.

3. Private stables.

4. Signs (directional and informational).

E. Performance Standards. All uses in the "R-3" Residence District shall operate in conformity with the appropriate performance standards.

F. Height Limitations For Structures. The maximum height of structures in the "R-3" Residence District shall be as set out below:

1. No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three (3) stories or forty-five (45) feet in height, whichever is less.

2. All other structures, other than a public utility tower or a local public utility facility authorized by a conditional use permit, shall not exceed a height of sixty (60) feet above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in St. Louis County Section 1003.161 Air Navigation Space Regulations.

G. Area Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-3" Residence District as well as the maximum density of nursing home self-care units shall be as set out below:

1. Minimum lot area requirements.

a. The following permitted and conditional land uses shall be situated on tracts of land providing not less than the following areas:

Use		Minimum Area
Child care center		30,000 square feet
Church		3 acres
Dwelling, single-family		15,000 square feet
Group living facilities for religious purposes		15,000 square feet
Library		1 acre
Group homes		15,000 square feet
Local public utility facilities		10,000 square feet
Mechanical sewage treatment facility		15,000 square feet
Schools:
	Nursery or day nursery	15,000 square feet
	Kindergarten (separate)	1 acre
	Elementary (permitted use)	5 acres
	Elementary (conditional use)	3 acres
	Junior high	10 acres
	Senior high	20 acres
	Collegiate	10 acres

b. Any lot or tract of record on the effective date of this Chapter, which contains less than fifteen thousand (15,000) square feet, may be used as a site for one (1) single-family dwelling together with accessory structures and uses.

c. Foster homes for handicapped children, group homes for the elderly and not-for-profit private clubs and recreational land uses, including community centers as approved by the Planning Commission via a conditional use permit, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than fifteen thousand (15,000) square feet.

d. Police and fire stations as approved by the Planning Commission via a conditional use permit may be established on tracts of less than five (5) acres where the related parking needs, outdoor facilities and size of buildings are deemed consistent with the intensity of land use in the neighborhood of these uses.

e. Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres nor more than that required by the school land area requirements as listed in Subsection (G)(1)(a).

f. Mechanical sewage treatment facilities may be located on tracts of land less than fifteen thousand (15,000) square feet in area where the facility is located on platted common land within a subdivision. The minimum lot area, however, shall in no case be less than ten thousand (10,000) square feet.

g. All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area.

2. Creation of new lots. No new lots shall be created of less than fifteen thousand (15,000) square feet in area except for Police stations and local public utility facilities. Lots of less than fifteen thousand (15,000) square feet, created for the above uses, shall not be used for any other use and, in the event the permitted use terminates, the lot shall be established as common ground for an adjacent development or combined with an adjacent parcel or parcels by means of a boundary adjustment. Prior to the approval of a subdivision record plat creating a lot of less than fifteen thousand (15,000) square feet, a deed or other legal instrument must be approved by the County Counselor and recorded with the St. Louis County Recorder of Deeds, which guarantees the required transfer of the property in the event the permitted use is terminated.

3. Minimum yard requirements—general.[1]

a. Front yard. No structure shall be allowed within twenty-five (25) feet of any roadway right-of-way line.

b. Side yard. No structure shall be allowed within ten (10) feet of any side property line.

c. Rear Yard. No structure shall be allowed within fifteen (15) feet of any rear property line.

[1] Editor's Note: Also see Section 400.475, Building Setbacks And Yards.

4. Specific yard requirements and exceptions.

a. Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

b. Boundary walls or fences six (6) feet or less in height are allowed within the minimum yard requirements.

c. Permitted information signs six (6) feet or less in height are allowed within the minimum front yard setback.

d. Permitted directional signs three (3) feet or less in height are allowed within the minimum front yard setback.

e. Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning and Community Development. Light standards for parking lot lighting are allowed no closer than ten (10) feet of any side or rear yard line which adjoins property in a Park or any "R" Residence District.

f. In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.

g. If a lot of record existing on the effective date of this Chapter has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.

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

i. No private stable shall be allowed within one hundred (100) feet of any property line. Affiliated pasture areas shall be fenced.

5. Maximum density, maximum height and minimum yard requirements for nursing homes.

a. Densities of self-care units shall not exceed fifteen (15) units per acre.

b. No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.

c. No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.

H. Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 400.490 "Parking And Loading Requirements".

Section 400.240 "R-4A" Residence District Regulations.

[R.O. 2005 §30-30; Ord. No. 2169 §2, 4-16-1997]

A. Purpose. The City of Ellisville has annexed unincorporated territories of St. Louis County; and the Missouri Revised Statutes mandate that the zoning classification of an annexed territory shall remain the same as it was prior to the annexation. Therefore, this Section contains the district regulations for those areas annexed by the City with prior St. Louis County "R-6A" Residence District zoning.

B. Permitted Uses. The following land uses and developments are permitted in this district:

	Churches.
	Day care homes.
	Dwellings, multiple-family, row houses and other group-house arrangements of attached or detached buildings.
	Dwellings, single-family.
	Dwellings, two-family.
	Home occupations.
	Libraries, public or private not-for-profit.
	Local public utility facilities, sixty (60) feet or less in height, provided that any installation, other than poles and equipment attached to the poles, shall be:
	a.	Adequately screened with landscaping, fencing or walls or any combination thereof, or
	b.	Placed underground, or
	c.	Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.
		All plans for screening these facilities shall be submitted to the Department of Planning and Community Development for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning and Community Development.
	Parks, parkways and playgrounds, public or private not-for-profit.
	Police stations and fire stations.
	Schools, public or private kindergarten, secondary and collegiate.
	Schools, public or private elementary, on a tract of land of at least five (5) acres.

C. Conditional Uses. The following land uses and developments may be permitted under conditions and requirements specified in conditional use permits:

[Ord. No. 3312 § 2, 3-15-2017]

	Child care centers, nursery schools and day nurseries.
	Dormitory or group living facilities for religious, educational or charitable purposes.
	Golf courses. Miniature golf courses are excluded.
	Group homes. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
	Hospitals and hospices.
	Local public utility facilities over sixty (60) feet in height.
	Nursing homes.
	Parking lot, when adjacent to land in a "C" Commercial or "M" Industrial District and when parking is used with a commercial or industrial development.
	Private not-for-profit clubs, private not-for-profit recreational land uses and community centers.
	Public utility facilities.
	Retreats owned and operated by religious, educational or other not-for-profit establishments.
	Schools, public or private elementary, on a tract of land of at least three (3) acres but less than five (5) acres.
	Sewage treatment facilities, other than facilities permitted as an accessory use.
	Short term residential rentals.
	Specialized private schools.

D. Accessory Uses. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Detached above ground accessory structures shall not cover more than a total of seven percent (7%) of the lot area. Accessory uses include the following:

1. Devices for the generation of energy, such as solar panels, wind generators and similar devices.

2. Individual sewage treatment facilities serving an individual dwelling or non-residential use, as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.

3. Signs (directional and information).

E. Performance Standards. All uses in the "R-4A" Residence District shall operate in conformity with the appropriate performance standards contained in performance standard regulations.

F. Height Limitations For Structures. The maximum height of structures in the "R-4A" Residence District shall be as set out below:

1. No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed four (4) stories in height, including any basement dwelling space.

2. All other structures, other than a public utility tower or a local public utility facility authorized by a conditional use permit, shall not exceed a height of sixty (60) feet above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in St. Louis County Section 1003.161 Air Navigation Space Regulations.

G. Area Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-4A" Residence District as well as the maximum density of nursing home self-care units shall be as set out below:

1. Minimum lot area requirements.

a. The following permitted and conditional land uses shall be situated on tracts of land providing areas not less than those set out below:

	Use		Minimum Area
	Child care center		30,000 square feet
	Church		one-half (½) acre
	Dwelling, single-family		4,500 square feet
	Dwelling, two-family		4,500 square feet per unit
	Dwelling, three-family		4,000 square feet per unit
	Dwelling, multiple-family		4,000 square feet per unit
	Fire station		one-half (½) acre
	Group living facilities for religious purposes		4,500 square feet
	Library		one-half (½) acre
	Local public utility facilities		10,000 square feet
	Mechanical sewage treatment facility		10,000 square feet
	Parking lot		10,000 square feet
	Police station		10,000 square feet
	Schools
		Nursery or day nursery	15,000 square feet
		Kindergarten (separate)	1 acre
		Elementary (permitted use)	5 acres
		Elementary (conditional use)	3 acres
		Junior high	10 acres
		Senior high	20 acres
		Collegiate	10 acres

b. Any lot or tract of record on the effective date of this Chapter, which contains less than four thousand five hundred (4,500) square feet, may be used as a site for one (1) single-family dwelling together with accessory structures and uses.

c. Foster homes for handicapped children, group homes for the elderly and not-for profit private clubs and recreational land uses, including community centers as approved by the Planning Commission via a conditional use permit, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than ten thousand (10,000) square feet.

d. Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres nor more than that required by the school land area requirements as listed in Subsection (G)(1)(a).

e. All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area.

2. Minimum yard requirements.[1]

a. Front yard. No structure shall be allowed within twenty (20) feet of any roadway right-of-way line.

b. Side yard. No single-family dwelling or unattached side of an attached single-family dwelling or structure accessory to a single-family or attached single-family dwelling except as noted shall be allowed within five (5) feet of any side property line. Detached garages accessory to unattached single-family dwellings shall be a minimum of three (3) feet from any side property line. No other structure shall be allowed within ten (10) feet of any side property line.

c. Rear yard. No structure, except single-family attached dwellings and detached garages accessory to unattached single-family dwellings, shall be allowed within fifteen (15) feet of any rear property line. Unattached sides of single-family attached dwellings shall be a minimum of fifteen (15) feet from any rear property line. Detached garages accessory to unattached single-family dwellings shall be a minimum of three (3) feet from any rear property line.

[1] Editor's Note: Also see Section 400.475, Building Setbacks And Yards.

3. Distances between buildings. No wall of any separate (detached) structure, other than a single-family dwelling or structures accessory to a single-family dwelling, shall be located closer to any wall of another structure than as set out in the following table:

Walls	Front	Side	Rear	Walls of Detached Accessory Buildings
Front	50 feet plus additional 10 feet for each story over two stories	30 feet except 20 feet if side wall has no windows	100 feet	30 feet
Side	30 feet except 20 feet if side wall has no windows	20 feet	30 feet	10 feet
Rear	100 feet	30 feet	50 feet	20 feet

Any dimension given above shall include the side yard required for a single-family dwelling, when any described wall faces the side lot of any separately owned property, whether or not any structure is located on said property.

4. Specific yard requirements and exceptions.

a. Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

b. Boundary walls or fences six (6) feet or less in height are allowed within the minimum yard requirements.

c. Permitted information signs six (6) feet or less in height are allowed within the minimum front yard setback.

d. Permitted directional signs three (3) feet or less in height are allowed within the minimum front yard setback.

e. Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning and Community Development. Light standards for parking lot lighting are allowed no closer than ten (10) feet of any side or rear yard line which adjoins property in a Park or any "R" Residence District.

f. In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a front yard setback variation of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.

g. If a lot of record existing on the effective date of this Chapter has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.

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

i. Parking lots for five (5) or more vehicles, loading spaces or internal drives serving said parking lots or loading spaces, except ingress and egress drives, shall be set back a minimum of twenty (20) feet from any roadway right-of-way line and ten (10) feet from any adjoining property in a Park or "R" District. No setback is required from adjoining properties in a "C", "R", "M" District unless required by the conditions of a conditional use permit. Parking shall be screened from any adjoining property in a Park or "R" District using fences, berms or landscaping.

5. Maximum density, maximum height and minimum yard requirements for nursing homes.

a. Densities of self-care units shall not exceed twenty-five (25) units per acre.

b. No building within a nursing home development shall exceed a height of four (4) stories or sixty (60) feet above the average ground elevation at the perimeter of the building, whichever is less.

c. No building within a nursing home development shall be allowed within a minimum of thirty (30) feet of any property line.

H. Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 400.490 "Parking And Loading Requirements".

Section 400.250 "R-4B" Residence District Regulations.

[R.O. 2005 §30-31; Ord. No. 2169 §3, 4-16-1997]

A. Purpose. This Section contains the district regulations for those areas within Ellisville which are surrounded on at least eighty-five percent (85%) of its perimeter by unincorporated St. Louis County "R-4" Residence District zoning platted and approved by St. Louis County prior to the effective date of this Chapter.

B. Permitted Uses. The following land uses and developments are permitted in this district:

	Church.
	Day care homes under Section 400.450 herein.
	Dwellings, single-family.
	Home occupations.

C. Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Detached above ground accessory structures shall not cover more than a total of seven percent (7%) of the lot area. Accessory uses include the following:

[Ord. No. 3312 § 2, 3-15-2017]

	Devices for the generation of energy, such as solar panels, wind generators and similar devices.
	Signs (directional and information).
	Short term residential rentals.

D. Performance Standards. All uses in the "R-4B" Residence District shall operate in conformity with the appropriate performance standards.

E. Height Limitations. The maximum height of structures in the "R-4B" Residence District shall be as set out below:

1. No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three (3) stories in height, including any basement dwelling space.

2. All other structures shall not exceed a height of sixty (60) feet above the average finished ground elevation at the perimeter of such structure.

F. Area Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-4B" Residence District shall be as set out below:

1. Minimum lot area requirements.

a. Dwellings shall be constructed on minimum lot size of no less than ten thousand (10,000) square feet. This minimum lot size may be decreased to seven thousand five hundred (7,500) square feet if the developer deposits a park impact fee per the requirements set forth in paragraph (b).

b. Park impact fee requirements. The following requirement is established for compliance with the provisions relating to same contained in paragraph (a) above.

(1) The subdivider/developer/builder shall pay to the City a sum of money equal to ten percent (10%) of the market value of the unimproved land intended to be developed, paid on basis of the market value of the entire area to be subdivided/developed. Said sum is to be used by the City as determined by the Council, who may first request a recommendation from the Park Board, for the purchase, development or maintenance of City parks and/or facilities.

(2) The market value of such unimproved land to be subdivided/developed may be determined by an independent real estate appraisal. Said appraisal must be performed by a State certified general real estate appraiser and the cost of same shall be paid by the subdivider or developer with the selection of an appraiser made by the City.

c. Minimum sixty (60) feet wide.

2. Minimum yard requirements.[1]

a. Front yard. No structure shall be allowed within twenty (20) feet of any roadway right-of-way line.

b. Side yard. No structure shall be allowed within six (6) feet of any side property line.

c. Rear yard. No structure shall be allowed within fifteen (15) feet from any rear property line.

[1] Editor's Note: Also see Section 400.475, Building Setbacks And Yards.

3. Specific yard requirements and exceptions.

a. Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

b. Boundary walls or fences six (6) feet or less in height are allowed within the minimum yard requirements.

c. Permitted information signs six (6) feet or less in height are allowed within the minimum front yard setback.

d. Permitted directional signs three (3) feet or less in height are allowed within the minimum front yard setback.

e. Light standards for street lighting or at points of ingress and egress are allowed within the minimum front yard setback when approved by the Department of Planning and Community Development.

G. Parking Requirements.

1. Minimum of two (2) parking spaces, covered or uncovered.

2. Any new driveway, driveway extension, driveway widening, expansion, turnaround area, addition, pad areas or other driveway improvement shall be constructed of a finished hard surfaced material and shall be similar to that which already exists.

3. No motor vehicle licensed in excess of eighteen thousand (18,000) pounds gross vehicle weight may be parked in this zoning district. Motor vehicles licensed eighteen thousand (18,000) pounds gross vehicle weight or less, but in excess of twelve thousand (12,000) pounds gross vehicle weight, must be parked or stored in the driveway or behind the front building line. Vehicles, while making local deliveries or providing local services, are exempt from the provisions of this Section.

Section 400.260 "WNU" Wildwood Non-Urban District Regulations.

[R.O. 2005 §30-33; Ord. No. 2218 §1, 12-17-1997]

A. Purpose. Transfer of jurisdiction of areas in the City of Wildwood to the City of Ellisville have been approved by the St. Louis County Boundary Commission; and the Missouri Revised Statutes mandate that the zoning classification of a transferred territory shall remain the same as it was prior to the transfer. Therefore, this Section contains the district regulations for those areas transferred to the City with prior Wildwood "NU" Non-Urban District zoning.

B. Permitted Uses. The following land uses and developments are permitted in this district:

	Churches.
	Commercial vegetable and flower gardening, as well as plant nurseries and greenhouses, but not including any structure used as a sales room.
	Dairy farming.
	Dwelling, single-family.
	Farming, including the cultivation and sale of any plant crops and domestic animals.
	Forests, wildlife reservations, as well as conservation projects.
	Home occupations.
	Hunting and fishing, as well as propagation of wildlife of any kind.
	Libraries, public or private not-for-profit.
	Local public utility facilities, provided that any installation, other than poles and equipment attached to the poles, shall be:
	a.	Adequately screened with landscaping, fencing or walls or any combination thereof,
	b.	Placed underground, or
	c.	Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.
		All plans for screening these facilities shall be submitted to the Department of Planning and Community Development for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning and Community Development.
	Mausoleums or crematoriums in an existing cemetery, any other provision of the law notwithstanding, but no such structure shall be situated closer than one hundred (100) feet to any cemetery property line.
	Parks, parkways and playgrounds, public or private not-for-profit.
	Schools, public or private kindergarten, elementary, secondary and collegiate.

C. Conditional Uses. The following land uses and developments may be permitted under conditions and requirements specified in conditional use permits:

[Ord. No. 3312 § 2, 3-15-2017]

Administrative offices and educational facilities for religious purposes.

Blacksmiths.

Cell towers.

Cemeteries, including mortuaries operated in conjunction with the cemetery.

Child care centers, nursery schools and day nurseries.

Clubs, private not-for-profit.

Comprehensive marijuana cultivation facilities.

[Ord. No. 3542, 2-1-2023]

Correctional institutions.

Fairgrounds.

Feed or grain storage, commercial or cooperative.

Golf courses including practice driving tees, miniature golf courses and independent practice driving tees.

Group homes. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.

Local public utility facilities over sixty (60) feet in height.

Medical Marijuana Cultivation Facility (indoor).

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

Medical Marijuana Cultivation Facility (outdoor).

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

Mortuaries.

Mulching plants for trees, wood or wood waste, but not including any assembly or manufacture of a product.

Nursing homes, but not including self-care units.

Police and fire stations.

Public utility facilities.

Radio, television and communication transmitting, receiving or relay towers and facilities.

Recreational camps and camping facilities.

Recreational land uses, commercial or not-for-profit.

Residential substance abuse treatment facilities.

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

Riding stables, kennels and veterinary clinics.

Rifle ranges, skeet shooting clubs and other activities featuring the use of firearms when all parts of these activities are located at least one hundred (100) feet from the boundaries of the property involved.

Sales rooms, when established as an accessory use to commercial gardens, plant nurseries and greenhouses, for the sale of nursery products and related items for use in preserving the life and health of such products, hand tools and plant containers. The preceding items shall not include power-driven equipment, lawn and garden furniture nor decorative accessories, fencing; however, bulk sale of sand, gravel, mulch, railroad ties or similar materials may be permitted. The sales room may occupy all or a portion of a building.

Satellite dishes.

Sewage treatment facilities, other than facilities permitted as an accessory use.

Short term residential rentals.

Specialized private schools.

D. Accessory Uses. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:

1. Devices for the generation of energy, such as solar panels, wind generators and similar devices.

2. Individual sewage treatment facilities serving an individual dwelling, farm or non-residential use as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.

3. Private stables.

4. Signs (business, directional and information).

E. Performance Standards. All uses in the"WNU" Wildwood Non-Urban District shall operate in conformity with the appropriate performance standards.

F. Height Requirements. The total height of any structure shall not exceed that permitted in St. Louis County Section 1003.161 Air Navigation Space Regulations.

G. Area Requirements. The minimum lot area and yard requirements for land uses and developments in the "WNU" Wildwood Non-Urban District shall be as set out below:

1. Minimum lot area requirements.

a. The following permitted and conditional land uses shall be situated on tracts of land providing not less than the following areas:

Use		Minimum Area
Administrative offices and educational facilities—religious		4 acres
Child care center		3 acres
Church		3 acres
Dwelling, single-family		3 acres
Dwelling, single-family, earth sheltered		3 acres
Group homes		3 acres
Local public utility facilities		10,000 square feet
Mechanical sewage treatment facility		3 acres
Mortuary		Minimum area 3 acres (minimum of 200 feet on a State (M.H.T.D.) roadway and adjacent to existing commercial zoning district)
Residential substance abuse treatment facility		3 acres (except 5 acres for a facility of more than 8 resident patients)
Schools
	Nursery or day nursery	1 acre
	Kindergarten (separate)	3 acres
	Primary	5 acres
	Junior high	10 acres
	Senior	20 acres
	Collegiate	10 acres

b. Any lot or tract of record on the effective date of this Chapter which contains less than three (3) acres, may be used as a site for one (1) single-family dwelling together with customary accessory structures and uses.

c. Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres nor more than that required by the school land area requirements as listed in Subsection (G)(1)(a).

d. Mechanical sewage treatment facilities may be located on tracts of land less than three (3) acres in area where the facility is located on platted common land within a subdivision. The minimum lot area, however, shall in no case be less than ten thousand (10,000) square feet.

e. Police and fire stations as approved by the Planning Commission via a conditional use permit may be established on tracts of less than five (5) acres where the related parking needs, outdoor facilities and size of buildings are deemed consistent with the intensity of land use in the neighborhood of these uses.

f. All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area.

2. Creation of new lots. No new lots shall be created of less than three (3) acres in area except for fire stations, Police stations, nurseries or day nurseries and local public utility facilities. Lots of less than three (3) acres in area, created for the above uses, shall not be used for any other use. In the event the permitted use terminates, the lot shall be established as common ground for an adjacent development or combined with an adjacent parcel or parcels by means of a boundary adjustment. Prior to the approval of a subdivision record plat creating a lot of less than three (3) acres, a deed or other legal instrument must be approved by the City Attorney and recorded with the St. Louis County Recorder of Deeds, which guarantees the required transfer of the property in the event the permitted use is terminated.

3. Minimum yard requirements—general.[1]

a. Front yard. No structure shall be allowed within fifty (50) feet of any roadway right-of-way line.

b. Side and rear yard. No structure shall be allowed within thirty (30) feet of any property line other than a roadway right-of-way line.

[1] Editor's Note: Also see Section 400.475, Building Setbacks And Yards.

4. Specific yard requirements and exceptions.

a. Notwithstanding any other provisions of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

b. Boundary walls or fences six (6) feet or less in height are allowed within the minimum yard requirements.

c. Permitted information signs six (6) feet or less in height are allowed within the minimum front yard setback.

d. Permitted directional signs three (3) feet or less in height are allowed within the minimum front yard setback or sight distance triangle.

e. A permitted freestanding business sign may be located no closer than thirty (30) feet from any roadway right-of-way line.

f. Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning and Community Development. Light standards for parking lot lighting are allowed no closer than ten (10) feet of any side or rear yard line which adjoins property in the "WNU" Wildwood Non-Urban, Park or any "R" Residence District.

g. In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than seventy-five (75) feet be required.

h. If a lot of record existing on the effective date of this Chapter has a width of one hundred (100) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.

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

j. No private stable shall be allowed within one hundred (100) feet of any property line. Affiliated pasture areas shall be fenced.

5. Maximum height and minimum yard requirements for nursing homes.

a. No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.

b. No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.

c. Limited service and retail commercial uses, not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building, shall be permitted in conjunction with the existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber and beauty shop, food or drug store, laundry or dry cleaning pickup and a newspaper stand and card shop.

6. Maximum density, maximum height and minimum yard area for residential substance abuse treatment facilities.

a. Densities shall not exceed eight (8) resident patients and two (2) house parents or support staff per facility for lots less than five (5) acres.

b. No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.

c. No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.

d. Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.

H. Parking Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 400.490 "Parking And Loading Requirements".