City of Bridgeton, MO Zoning Regulations

To protect the character and the stability of the residential, business and manufacturing areas within the City of Bridgeton and to promote the orderly and beneficial development of such areas;

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

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

To lessen or avoid congestion in the public streets;

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

To promote healthful surroundings for family life in residential areas;

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

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

10.

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

11.

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

12.

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

13.

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

14.

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

15.

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

Section 410.030 Rules and Definitions.

[Ord. No. 70-25 §3, 3-18-1970; Ord. No. 72-124, 12-20-1972; Ord. No. 73-09, 2-7-1973; Ord. No. 74-88, 8-21-1974; Ord. No. 74-113, 10-2-1974; Ord. No. 78-60, 5-24-1978; Ord. No. 78-90, 7-12-1978; Ord. No. 80-92, 12-17-1980; Ord. No. 83-30, 5-1-1983; Ord. No. 83-33, 6-1-1983; Ord. No. 85-45, 6-19-1985; Ord. No. 89-66, 7-19-1989; Ord. No. 89-74, 8-16-1989; Ord. No. 89-108, 12-6-1989; Ord. No. 93-117, 12-15-1993; Ord. No. 94-03, 1-19-1994; Ord. No. 97-62, 9-17-1997; Ord. No. 99-75, 9-15-1999; Ord. No. 00-07, 2-2-2000; Ord. No. 00-35, 4-19-2000; Ord. No. 01-08, 1-17-2001; Ord. No. 01-15, 3-21-2001; Ord. No. 01-16, 3-21-2001; Ord. No. 01-21, 4-18-2001; Ord. No. 09-65 §§1 — 3, 11-4-2009; Ord. No. 11-11 §1, 3-16-2011; Ord. No. 11-39 §1, 8-3-2011; Ord. No. 11-44 §1, 9-7-2011; Ord. No. 12-26 §1, 4-18-2012; Ord. No. 12-40 §1, 6-20-2012; Ord. No. 12-41 §§1 — 2, 6-20-2012; Ord. No. 12-44 §2, 7-18-2012; Ord. No. 12-52 §2, 8-15-2012]

In the construction of this Chapter, the rules and definitions contained in this Section shall be observed and applied, except when the context clearly indicates otherwise.

Rules.

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

The word "shall" is mandatory and not discretionary.

The word "may" is permissive.

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

Definitions. Unless the context otherwise requires, the following definitions shall be used in the interpretation of this Chapter:[1]

ACCESSORY BUILDING OR USE

Is one which:

Is subordinate to and serves a principal building or principal use; and

Is subordinate in area, extent or purpose to the principal building or principal use served; and

Is customarily incidental to and contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and

Is located on the same zoning lot as the principal building or principal use served with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.

ACCESSORY USE

Includes, but is not limited to, the following:

A children's playhouse, garden house and private greenhouse;

A garage, shed or building for domestic storage;

Incinerators associated with residential use;

Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations;

Storage of goods used in or produced by manufacturing activities, on the same lot or parcel of ground with such activities, unless such storage is excluded by the district regulations;

A non-paying guest house or rooms for guests within an "accessory building", provided such facilities are used for the occasional housing of guests of the occupant of the principal building and not for permanent occupancy by others as housekeeping units;

Servants' quarters comprising part of an accessory garage and solely for occupancy by a servant or household employee (and his or her family) of the occupants of the principal dwelling;

Off-street motor vehicle parking areas, and loading and unloading facilities;

Signs (other than advertising signs) as permitted and regulated in each district incorporated in this Chapter;

10.

Carports; and

11.

Public utility communication, electric, gas, water and sewer lines, their supports and incidental equipment.

ACREAGE

Any tract or parcel of land having an area of one (1) acre or more which has not been subdivided by metes and bounds or platted.

ADULT BOARDING FACILITY

Any premises which is utilized by its owner, operator or manager to provide twenty-four (24) hour care to three (3) or more residents, who are not related within the fourth degree of consanguinity or affinity to the owner, operator or manager of the facility and who are provided with shelter, board, storage and distribution of medication and with protective oversight, including care during short-term illness or recuperation.

ADULT DAY CARE FACILITY

Any premises which is utilized by its owner, operator or manager to provide daytime (6:00 A.M. to 6:00 P.M.) care and supervision to functionally impaired adults and which will be licensed by the Missouri Division of Aging.

ADULT OR SEXUALLY-ORIENTED ESTABLISHMENTS

An adult arcade, adult bookstore, adult novelty store, adult cabaret, adult entertainment establishment, massage parlor, escort agency, nude or semi-nude model studio, or sexual encounter center. When used in connection with the phrase "adult or sexually-oriented establishments", the following words and phrases shall have the following meanings ascribed to them:

ADULT ARCADE: An establishment to which the public is permitted or invited, wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matters exhibiting specified sexual activities or specified anatomical areas.

ADULT BOOKSTORE: An establishment which, as one (1) of its principal business activities, offers for sale or rental or for any form of consideration books, films, video cassettes, DVDs, any digital or electronic media or magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, for sale, rental, or display to patrons thereof, including, but not limited to, establishments having facilities for the presentation of art entertainment for observation by or display to patrons therein.

ADULT CABARET: A nightclub, bar, restaurant or similar establishment which regularly features live performances involving adult entertainment.

ADULT ENTERTAINMENT: Any adult-oriented motion pictures, videos, live performance, display or dance or any type of performance which regularly features entertainment which is distinguished or characterized by actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed.

ADULT ENTERTAINMENT ESTABLISHMENT: Any premises regularly used for the exhibition of any adult entertainment.

ADULT NOVELTY STORE: An establishment which, as one (1) of its principal business activities, offers for sale or rental or for any consideration sex toys and/or instruments, devices or paraphernalia which are designed for use or marketed primarily for sadomasochistic use or abuse of the user or others.

DISTINGUISHED OR CHARACTERIZED BY: The dominant or principal theme of the object referenced. For instance, when the phrase refers to films "which are distinguished or characterized by the exhibition or display of specified sexual activities or specified anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or display of specified anatomical areas or specified sexual activities.

ESCORT: A person who, for consideration, and for another person, agrees or offers:

To act as a companion, guide, or date; or

To privately model lingerie; or

To privately perform a striptease.

ESCORT AGENCY: An establishment, business association, or person that for a fee, tip, or other consideration furnishes, offers to furnish, or advertises to furnish escorts as one (1) of its primary business purposes.

10.

MASSAGE PARLOR: An establishment or place primarily in the business of providing non-therapeutic massage services which involve performance of specified sexual activities and/or the touching or manipulation of specified anatomical areas. For purposes of clarification, therapeutic massage services making use of the methods of practice or the legitimate techniques of physicians, chiropractors, physical therapists, massage therapists or athletic trainers licensed or certified by the State of Missouri shall not be considered massage parlors.

11.

NUDE, NUDITY OR A STATE OF NUDITY: The showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or areola, or the showing of the covered male genitals in a discernibly turgid state.

12.

NUDE OR SEMI-NUDE MODEL STUDIO: A commercial establishment which regularly features a person (or persons) who appears nude or semi-nude and is provided to be observed, sketched, drawn, painted, sculptured, or photographed by other persons who pay money or any form of consideration, but shall not include a proprietary school licensed by the State of Missouri or a college, junior college or university supported entirely or in part by public taxation or a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation or in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing and where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class and where no more than one (1) nude model is on the premises at any one time.

13.

PREMISES: The real property upon which the adult or sexually-oriented establishment is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the adult or sexually-oriented establishment, the grounds, private walkways, and parking lots or parking garages or both.

14.

PRINCIPAL BUSINESS ACTIVITY: Exists where the commercial establishment:

Has a substantial portion of its displayed merchandise which consists of such items; or

Has a substantial portion of the wholesale value of its displayed merchandise which consists of such items; or

Has a substantial portion of the retail value of its displayed merchandise which consists of such items; or

Derives a substantial portion of its revenue from the sale or rental, or for any form of consideration, of such items; or

Maintains a substantial section of its interior business space for the sale or rental of such items.

15.

REGULARLY: The consistent and repeated doing of the act so described.

16.

SEMI-NUDE OR IN A SEMI-NUDE CONDITION: The showing of the female breast below a horizontal line across the top of the areola at its highest point and extended across the width of the breast at such point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or similar other wearing apparel, provided the areola is not exposed in whole or in part.

17.

SEXUAL ENCOUNTER CENTER: A business or commercial establishment that, as one (1) of its principal business activities, offers for any form of consideration a place where two (2) or more persons may congregate, associate, or consort for the purpose of specified sexual activities. The definition of sexual encounter center shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State engages in medically approved and recognized sexual therapy.

18.

SEX TOY: Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of the human genital organs.

19.

SPECIFIED ANATOMICAL AREAS: Less than completely and opaquely covered:

Human genitals;

Pubic region;

Buttocks;

Female breasts below a point immediately above the top of the areola; and

Human male genitals in a discernibly turgid state, even if completely opaquely covered.

20.

SPECIFIED SEXUAL ACTIVITIES:

The fondling of another person's genitals, pubic region, anus, or female breasts;

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

Excretory functions as part of, or in connection with, any of the activities set forth in (a) or (b) above.

ALLEY

A public way, not more than thirty (30) feet wide, which affords only a secondary means of access to abutting property.

ALTERNATIVE FINANCIAL SERVICE ESTABLISHMENT

Any establishment defined as a short-term loan establishment, pawnbroker, precious metal and gem buying establishment or any other similar business engaged in short-term lending. This excludes financial institutions and establishments that are principally grocery stores, convenience stores that are accessory to an automobile service station, and liquor stores, which are registered as a money services business under Code of Federal Regulations 31 CFR 103.41, and offer, as a convenience to their customers, and accessory to the principal use, check cashing, traveler's check, money order or money transfer services, when fees or charges for check cashing services constitute a de minimus percentage of gross receipts.

ANTIQUE/COLLECTIBLE SHOPS

Any premises used for the sale, purchase, or trading of articles of which eighty percent (80%) or more are over fifty (50) years old or have collectible value. Also includes the sale, purchase, or trading of rare coins, stamps, and previously-owned games, books, videos and other media. This use excludes precious metal and gem buying establishments, thrift/consignment stores, and adult or sexually-oriented establishments.

APARTMENT

A room or suite of rooms in a multiple dwelling family structure which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.

ASSISTED LIVING FACILITY (ALF)

Any premises, other than a residential care facility (RCF), intermediate care facility, or skilled nursing care facility, or as designated as an RCF by the State of Missouri Department of Health and Senior Services, that is utilized by its owner, operator, or manager to provide twenty-four (24) hour care and services and protective oversight to three (3) or more residents who are provided with shelter, board, and who may need and are provided with the following:

Assistance with any activities of daily living and any instrumental activities of daily living pursuant to CSR 30-83.010 Definition of Terms (Department of Health and Senior Services Division of Regulation and Licensure);

Storage, distribution or administration of medications; and

Supervision of health care under the direction of a licensed physician provided that such services are consistent with a social model of care.

The term "assisted living facility" does not include a facility where all of the residents are related within the fourth degree of consanguinity or affinity to the owner, operator, or manager of the facility.

AUDITORIUM

A building or structure designed or intended for use for the gathering of people as an audience to hear music, lectures, presentations, plays, and spectator sports, expositions, live or amplified entertainment, and other public gatherings. See Live or Amplified Entertainment.

AUTOMOBILE DETAILING

Washing and polishing of the exterior of automobiles, as well as the interior and upholstery, but not including the cleaning and degreasing of engines.

AUTOMOBILE REPAIR, MAJOR

Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; and overall painting of vehicles.

AUTOMOBILE REPAIR, MINOR

Incidental repairs, replacement of parts, and motor service to automobiles, but not including any operation specified under "AUTOMOBILE REPAIR — MAJOR".

AUTOMOBILE SERVICE STATION

A place where gasoline stored only in underground tanks, kerosene, or lubricating oil or grease, for operation of automobiles, are offered for sale directly to the public on the premises, and including minor accessories and services for automobiles; but not including major automobile repairs; and including hand washing of automobiles where no mechanical devices are employed. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage. Automobile service stations shall not include sale or storage of inoperative motor vehicles or junk yards as defined herein.

AUTOMOBILE WRECKING YARD

Any place where two (2) or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicle, or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles or merchandise.

BANQUET HALL

An establishment which is rented by individuals or groups to accommodate singular private functions including, but not limited to, banquets, weddings, receptions, anniversaries, graduations, and other similar celebrations; and fundraising activities including, but not limited to, dances, trivia contests, bingo and other similar games when sponsored by civic, charitable, or non-profit groups (i.e. 501(c) organizations). Such a use may or may not include:

Kitchen facilities for the preparation or catering of food;

The sale of alcoholic beverages for on-premises consumption, only during scheduled events and not open to the general public; and

Outdoor gardens or reception facilities.

Banquet halls may not be utilized for the operation of an unlicensed business or for any use not expressly permitted within the zoning district in which it is located.

BASEMENT

A story partly or wholly underground. Where more than one-half (½) of its height is above the average elevation of the finished lot grade at the front of the building, a basement shall be counted as a story for purposes of height measurement.

BLOCK

A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shore lines of waterways or a corporate boundary line of the City.

BOARDING HOUSE

A building other than a hotel or restaurant where meals are provided for compensation to four (4) or more persons, but not more than twelve (12), who are not members of the keeper's family.

BOTTLE CLUB

Nightclubs not licensed to sell alcoholic beverages or nightclubs duly licensed to sell alcoholic beverages operating beyond the hours or days when such sale is authorized, but where members, guests, or members of the public provide their own alcoholic beverages for on-premises consumption, paying a fee or other consideration for admission or membership in exchange for mixers or other beverages, ice, food, container, and/or live or amplified entertainment furnished by the establishment. See Live or Amplified Entertainment.

BREWPUB

A tavern or saloon licensed as a microbrewer per Chapter 600 of the Bridgeton Code of Ordinances where the product authorized by said license is sold for either consumption on premises by the glass or in hand-capped or sealed containers in quantities up to one-half (½) barrel or fifteen and one-half (15.5) gallons sold directly to the consumer. Wholesaling shall be permitted only where authorized within the zoning ordinance. The area used for brewing, including bottling and kegging, shall not exceed thirty percent (30%) of the total floor area of the commercial space. See Tavern or Saloon.

BUILDABLE AREA

The space remaining on a lot after the minimum open space requirements of this Chapter have been complied with.

BUILDING

Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings; and which is designed or intended for the shelter, enclosure or protection of persons, animals or moveable personal property. Any structure with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers, and other similar structures, are not considered as buildings.

BUILDING, COMPLETELY ENCLOSED

A building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

BUILDING HEIGHT

The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

BUILDING, NON-CONFORMING

Any building which does not conform to the regulations of this Chapter prescribing the maximum floor area ratio, required yards, coverage, height and setbacks, minimum required spacing between buildings on a single lot, and minimum required usable open space for the district in which such building is located.

BUILDING PRINCIPAL

Any building not an accessory building.

BUILDING SETBACK LINE

A line parallel to the street line at a distance from it, regulated by the front yard requirements set up in this Chapter.

BULK

The term used to describe the size and mutual relationships of buildings and other structures as to size; height; coverage; shape; location of exterior walls in relation to lot lines to the centerline of streets; to other walls of the same building; and to other buildings or structures; and to all open spaces relating to the building or structure.

CELLAR

A story having more than one-half (½) of its height below the curb level or below the highest level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement.

CHECK CASHING ESTABLISHMENT

A business engaged in check cashing for a fee and which may or may not provide short-term loans for a fee.

CHILD CARE

Family-like care provided in a single-family dwelling occupied by the child care provider as a permanent residence, to from one (1) through four (4) children not related to the child care provider, for any part of a twenty-four (24) hour day for compensation or otherwise.

CHILDREN'S HOME

Buildings and facilities or premises utilized by its owner or operator to provide residential, educational, recreational, counseling, pregnancy and other crisis services to children, adolescents and young adults and their families and educational and training programs related thereto.

CLINIC, MEDICAL OR DENTAL

A facility operated by one or more physicians, dentists, psychiatrists, psychologists, optometrists, ophthalmologists, chiropractors, rehabilitation therapists, or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis, including diagnostic services, blood donation stations, infusion centers, surgery centers, and urgent care facilities.

[Ord. No. 15-19 §1, 6-17-2015]

CLINIC OR MEDICAL HEALTH CENTER

An establishment where patients are not lodged overnight but are admitted for special study and treatment by two (2) or more licensed physicians or dentists and their professional associates practicing medicine together. The term does not include a place for the treatment of animals.

CLUB OR LODGE, PRIVATE

Buildings and facilities or premises owned or operated by a corporation, association, fraternal organizations, labor unions and similar organizations; political organizations; professional membership organizations; other membership organizations, person or persons for a social, educational or recreational purpose but not primarily for profit and not primarily to render a service which is customarily carried on as a business.

COIN AND/OR PHILATELIC SHOP

See Antique/Collectible Shops.

COLLEGE/UNIVERSITY

An institution for post-secondary education, public or private, offering courses in general, technical, trade or religious education and not operated for profit.

COMMUNITY CENTER OR YOUTH CENTER

A place, structure, area, or other facility used for and providing religious, fraternal, social, or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community. Community or youth centers are operated by either a public agency or by private civic, charitable, or non-profit groups (i.e. 501(c) organizations).

COMPREHENSIVE MARIJUANA FACILITY

A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.

[Ord. No. 23-21, 5-17-2023]

COMPREHENSIVE MARIJUANA CULTIVATION FACILITY

A facility licensed by the State of Missouri to acquire, cultivate, process, package, store on-site or off-site, transport to or from, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones) to a medical marijuana facility, comprehensive marijuana facility, or marijuana testing facility. A comprehensive marijuana cultivation facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana. A comprehensive marijuana cultivation facility's authority to process marijuana shall include the creation of prerolls but shall not include the manufacture of marijuana-infused products.

[Ord. No. 23-21, 5-17-2023]

COMPREHENSIVE MARIJUANA DISPENSARY FACILITY

A facility licensed by the State of Missouri to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Chapter to a qualifying patient or primary caregiver, as those terms are defined in this Chapter, or to a consumer, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations of this Chapter and as otherwise allowed by law, to a comprehensive marijuana facility, a marijuana testing facility, or a medical marijuana facility. Comprehensive marijuana dispensary facilities may receive transaction orders at the comprehensive marijuana dispensary facility directly from the consumer in person, by phone, or via the Internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana but shall collect all appropriate tangible personal property sales tax for each sale, as set forth in any applicable State Statutes and provided for by the Bridgeton Municipal Code and any other general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.

[Ord. No. 23-21, 5-17-2023]

COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

A facility licensed by the State of Missouri to acquire, process, package, store, manufacture, transport to or from a medical marijuana facility, comprehensive marijuana facility, or marijuana testing facility, and sell marijuana-infused products, prerolls, and infused prerolls to a marijuana dispensary facility, a marijuana testing facility, or another marijuana-infused products manufacturing facility. A comprehensive marijuana-infused products manufacturing facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana.

[Ord. No. 23-21, 5-17-2023]

CONDOMINIUM PROPERTY

Any tract of land which shall have been planned for development with common elements or facilities maintained for the benefit of the inhabitants or their guests in addition to the dwelling units contained or located on the tract, which tract shall have been declared, planned, recorded and approved for development as condominium property under Section 448.010, RSMo., so that dwelling units and a percentage of ownership in the common elements appertaining to such units may be sold and conveyed, leased, mortgaged or otherwise dealt with as interests in real estate to separate owners without subdivision of said interests.

CONSUMER

A person who is at least twenty-one (21) years of age.

[Ord. No. 23-21, 5-17-2023]

COURT OR COURTYARD

An open space which may or may not have direct street access and around which is arranged a single building or group of related buildings.

COVERAGE, LOT

See "LOT COVERAGE".

CURB LEVEL

The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one (1) street, the "curb level" shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the "curb level".

DANCE HALL

An establishment in which at least one thousand (1,000) square feet or more than ten percent (10%) of the total floor area, whichever is less, is designed or used as a dance floor, or where an admission fee is directly collected or some other form of compensation is obtained for dancing. Accompanying music may be produced by live performance or recorded media and may include a disc jockey. A dance hall shall not include dance academies, schools, or studios where dancing is permitted only by students and instructors engaged in dancing instruction, nor shall this include public or private schools, which host dances solely for students or adult-supervised youth organizations, or other governmental facilities that host dances.

DAY CARE CENTER

A facility, other than a dwelling, where care is provided for children for any part of the twenty-four (24) hour day, for compensation or otherwise.

DAY CARE CENTER, RELIGIOUS INSTITUTION

A facility, other than a dwelling, where care is provided for children for any part of the twenty-four (24) hour day, for compensation or otherwise, and operated by a non-profit religious organization on the same property where religious activity is conducted.

DAY CARE HOME

A single-family dwelling, occupied as a permanent residence by the day care provider, in which family-like care is given to from five (5) through ten (10) children, not related to the day care provider, for any part of the twenty-four (24) hour day, for compensation or otherwise.

DHSS

Missouri Department of Health and Senior Services, or its successor agency.

[Ord. No. 19-12, 8-7-2019]

DINING ROOM

A banquet hall located within and accessory to a hotel or motel. See Banquet Hall.

DISTRICT

Any section of the City of Bridgeton within which the zoning regulations are uniform.

DRIVE-IN

A term used to describe an establishment designed or operated to serve a patron while seated in an automobile parked in an off-street parking space or to serve a patron at a window without providing inside seating facilities.

DWELLING

A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including single-family dwelling units, two-family dwelling units and multiple-family dwelling units, but not including hotels, boarding or lodging houses or lodging establishments.

[Ord. No. 20-18, 9-2-2020]

DWELLING, MULTIPLE-FAMILY

A building or portion thereof designed or altered for occupancy by three (3) or more families living independently of each other.

DWELLING, ROW (PARTY-WALL)

A row of two (2) to eight (8) attached, single-family party-wall dwellings not more than two and one-half (2½) stories in height nor more than two (2) rooms in depth measured from the building line.

DWELLING, SINGLE-FAMILY

A building designed exclusively for use and occupancy by one (1) family and entirely separated from other dwellings by space.

DWELLING, TWO-FAMILY

A building designed or altered to provide dwelling units for occupancy by two (2) families living independently of each other.

DWELLING UNIT

One (1) or more rooms in a residential structure or apartment hotel designed for occupancy by one (1) family or other group of persons not exceeding five (5) living together as a household or by a person living alone.

EASEMENT

The right of a person, government agency or public utility company to use public or private land owned by another for a specific purpose.

EDUCATIONAL INSTITUTION [2]

Public schools, providing primary and secondary education, or private schools having a curriculum equivalent to a public elementary, middle, or high* school and having no rooms regularly used for housing or sleeping purposes.

ELECTRONIC GAME ROOM

Any establishment having five (5) or more amusement games of any description, including pinball amusement games, computer amusement games, video amusement games, and electronic amusement games, for the public amusement, patronage or recreation. Such amusement games shall not include video games or other entertaining display, such as, but not limited to, computer terminals, not dependent upon skill or dexterity that are offered in connection with the sale of a product or service if the product or service being promoted is only ancillary and incidental to the game or amusement device; and whereby prizes of cash value, not including replays or novelties of de minimus value are awarded to players, including, but not limited to, those devices known as "sweepstakes".

EXTENDED STAY LODGING ESTABLISHMENT

A lodging establishment where any of the guest rooms are rented to semi-permanent guests. It is the intent of this Chapter that extended stay lodging establishments shall only be permitted uses or permitted uses with special use permits in those districts where this Chapter specifically lists "extended stay lodging establishment" as a permitted use or permitted use with a special use permit. In those districts where this Chapter only states that "lodging establishments" are permitted uses or permitted uses with a special use permit, extended stay lodging establishments are not permitted.

[Ord. No. 13-38 §2, 9-4-2013]

FAMILY

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

FARM

An area which is used for the growing of the usual farm products, such as vegetables, fruit trees and grain, and for the packing or storage of the products produced on the premises as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine as secondary to crop raising, subject to distance limitations from residential property and not including the commercial feeding of garbage or offal to swine or other animals, the commercial feeding of animals on open lots where no feed is raised on the premises, or the commercial feeding of poultry broilers, or laboratory animals.

FENCE, CLOSED

A structure forming a physical barrier which is so constructed that less than fifty percent (50%) of the vertical surface is open to permit the transmission of light, air and vision through such surface in a horizontal plane.

FENCE, OPEN

A structure forming a physical barrier which is so constructed that no less than fifty percent (50%) of the vertical surface is open to permit the transmission of light, air and vision through such surface in a horizontal plane.

FINANCIAL INSTITUTION

Any business or use of property as a full service bank, credit union or savings and loan association, including any accessory drive through. Such institutions shall be licensed or hold a certificate of registration from the appropriate State agency. This definition shall not include short-term loan establishments as defined herein.

FOOD BANK

A facility operated by a public or not-for-profit entity for the sourcing, collecting, sorting, cataloging, and warehousing of unprepared packaged and fresh food items to be distributed to the general public via off-site third-party entities such as food pantries. Such facilities may also handle clothing in a similar manner and are not open to the general public.

[Ord. No. 15-19 §1, 6-17-2015]

FOOD PANTRY (FOOD SHELF)

A facility operated by a public or not-for-profit entity that directly distributes unprepared packaged and fresh food items to the public on a charitable basis. Such facilities may also distribute clothing to the general public in such manner.

[Ord. No. 15-19 §1, 6-17-2015]

FRATERNAL ORGANIZATION OR LODGE HALL

Buildings and facilities or premises owned or operated by a corporation, association, fraternal organizations, labor unions and similar organizations; political organizations; professional membership organizations; other membership organizations, person or persons for a social, educational or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.

FUEL BULK STATION

A place where crude petroleum, gasoline, naphtha, benzine, benzol, kerosene or other flammable liquid which has a flash point at or below two hundred degrees Fahrenheit (200° F) (closed cup tester) is stored for wholesale purposes, where the aggregate capacity of all storage tanks is more than six thousand (6,000) gallons, regardless of whether the fuel is stored above ground, underground or in mobile tank cars or trucks.

GARAGE, PRIVATE

An accessory building housing motor-driven vehicles which are the property of and for the private use of the occupants of the lot on which the private garage is located. Not more than one (1) of the vehicles may be a commercial vehicle of not more than one and one-half (1½) tons capacity.

GARAGE, PUBLIC

Any building or premises used for equipping, repairing, hiring, selling or storing motor-driven vehicles.

GIFT SHOP, NOTIONS OR SUNDRIES STORE

An establishment that sells a wide variety of relatively small and inexpensive items, exclusive of items identified as drug paraphernalia or illegal smoking products in Chapter 205 of the Municipal Code.

GOLF COURSE

Building and facilities or premises occupying an area of not less than forty-five (45) acres for recreational purposes related to golf and shall include such incidental accessory uses and structures as dining room facilities, sale of liquor by the drink, and sale of golf equipment and supplies. The length of a golf course shall be a minimum of two thousand (2,000) linear yards for nine (9) holes, as defined by the U.S. Golf Association.

GROUP HOME

Any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home as defined in Section 89.020, RSMo.

[Ord. No. 15-29 §2, 11-4-2015]

GUEST ROOM

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

[Ord. No. 13-38 §2, 9-4-2013]

HOME OCCUPATION

An occupation conducted in a dwelling unit provided that:

No persons other than members of the family residing on the premises shall be engaged in such occupation.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes; and not more than one (1) room having an area of not more than twenty-five percent (25%) of the total square footage of the structure shall be used in the conduct of the home occupation.

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one (1) non-lighted sign of a type or kind normally found in that area indicating the name and address of the resident. No equipment or materials relating to a home occupation shall be stored outside.

No home occupation shall be conducted in any accessory building.

There shall be no sales of merchandise to customers coming to the premises in connection with such home occupation.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected from a purely residential use of the home containing the home occupation, and any need for parking generated by the conduct of such home occupation shall be met off the street on a dust-free parking area, no larger than would normally be expected for a purely residential use.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the premises if the occupation is conducted in other than a single-family residence or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.

A home occupation shall not be interpreted to include barbershops, beauty shops, restaurants, or offices of physicians or dentists, but shall include child care.

For any new home occupation for which a business license is granted on or after April 15, 2011, no vehicle that contains signage associated with a home occupation may be parked or stored outside in a residential neighborhood unless legally parked or stored behind the building line.

HOMELESS EMERGENCY CENTER (OVERNIGHT SHELTER)

A facility providing, without charge, single-night, temporary shelter, with or without meals, storage for personal items, showers, laundry, bathrooms, snacks, and other similar services for up to five (5) people, with no ordinary or regular home or residence address. Such shelters shall not provide shelter on a regular basis and shall not continually provide shelter for the same individuals. Homeless emergency centers shall operate no more than three (3) nights per month for a total of thirty-six (36) days per calendar year. A homeless emergency center shall be used only as an accessory use to religious institutions (as defined herein) or not-for-profit agency, where either has been established for a period of at least twelve (12) consecutive months, and where specifically permitted in this Code, and shall meet the following requirements:

[Ord. No. 15-19 §1, 6-17-2015]

Any homeless emergency center shall comply fully with the requirements of applicable State, County, and City codes, ordinances, and regulations; and

Any homeless emergency center shall be contained within the structure of, and operated by, a not-for-profit corporation or charitable organization. In no case shall such facility be located in a lodging establishment as defined herein.

HOMELESS SERVICE CENTER

A private not-for-profit, public, or quasi-public facility to provide temporary counseling, case management, medical assessment and referral, health outreach, computer center, social service information and referral, job search assistance, veteran's administration counseling, and other similar services to homeless persons.

[Ord. No. 15-19 § 1, 6-17-2015]

HOMELESS SUPPORT CENTER (DAY SHELTER)

A private not-for-profit, public, or quasi-public facility, other than a food pantry or food banks, to provide temporary daytime shelter, common room, telephone, mail, computers, showers, laundry, bathrooms, snacks, appointment assistance, and other similar services to homeless persons.

[Ord. No. 15-19 § 1, 6-17-2015]

HOSPITAL OR SANITARIUM

An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than twenty-four (24) hours in any week of three (3) or more unrelated individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions and which may include related facilities such as laboratories, out-patient departments, training facilities, central service facilities, and staff offices; provided that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operations. The term "hospital", as used in this Chapter, does not apply to institutions operating solely for treatment of insane persons, drug addicts, liquor addicts or other types of cases necessitating restraint of patients, and the term "hospital" shall not include convalescent, nursing shelter or boarding homes as defined in Chapter 198, RSMo.[3]

INDOOR THEATER

An establishment that is primarily utilized for showing motion pictures, or for dramatic, dance, musical, or other live or amplified entertainment and associated rehearsals. Such establishments shall have stationary or fixed seating for all patrons and may include related services such as light snack food and beverage sales and other related concessions. See Live or Amplified Entertainment.

INFLATABLE DEVICE

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

[Ord. No. 13-29 §1, 8-7-2013]

INFUSED PREROLL

A consumable or smokable marijuana product, generally consisting of: (1) a wrap or paper; (2) dried flower, buds, and/or plant material; and (3) a concentrate, oil or other type of marijuana extract, either within or on the surface of the product. Infused prerolls may or may not include a filter or crutch at the base of the product.

[Ord. No. 23-21, 5-17-2023]

INTERMEDIATE CARE FACILITY

Any premises, other than a residential care facility, assisted living facility, or skilled nursing facility, which is utilized by its owner, operator, or manager to provide twenty-four (24) hour accommodation, board, personal care, and basic health and nursing care services under the daily supervision of a licensed nurse and under the direction of a licensed physician to three (3) or more residents dependent for care and supervision and who are not related within the fourth degree of consanguinity or affinity to the owner, operator or manager of the facility.

JEWELRY STORE

A business primarily engaged in the on-premise retail sale of new jewelry and watches, and may include the retail sale of clocks. Accessory to the primary use of the sale of new material may be the sale of used jewelry from estate sales or reconstituted precious metals and gems/stones purchased and handcrafted by the business into jewelry forms. Such establishments may also provide repair and lapidary services.

JUNK YARD

The use of more than two hundred (200) square feet of any lot where waste, scrap, metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.

LIMOUSINE

Any motor vehicle, other than a taxi, offered to the public by a public limousine business for the purpose of carrying or transporting passengers for a fixed charge or fee, or an hourly rate.

LIMOUSINE SERVICE

The business of offering the public motor vehicles for carrying or transportation of passengers between airports and points within the City for a fixed charge or fee, or offering a vehicle with driver for a fixed charge or fee, or offering a vehicle with driver for transportation of passengers at an hourly rate.

LINE OF BUILDING (FOR MEASURING YARDS)

A line parallel to the nearest lot line drawn through the point of a building or group of buildings nearest to such lot line, exclusive of such features specified as being permitted to extend into a yard.

LIVE OR AMPLIFIED ENTERTAINMENT

Performances including, but not limited to, those by musicians, singers, disc jockeys, dancers, acrobats, magicians, dramatists, and speakers; as well as entertainment-related activities that involve patrons such as karaoke. Jukeboxes, piped background music, and individual serenading acoustic musicians at restaurants, taverns or saloons, and at tea rooms and coffee houses shall not be considered live or amplified entertainment for purposes of this Section provided such performances are not audible off-premises.

LOADING AREA

One (1) or more loading spaces, together with necessary maneuvering space, and aisles and driveways.

LOADING SPACE

An area of land not a part of a street right-of-way and/or the area of a building used principally for the loading and unloading of materials or merchandise from a single motor vehicle and/or trailer, provided such trailer is not utilized for living or sleeping.

[Ord. No. 14-25 §X, 9-3-2014 §1]

LODGING ESTABLISHMENT

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

[Ord. No. 13-38 §2, 9-4-2013; Ord. No. 20-18, 9-2-2020]

LODGING OR ROOMING HOUSE

A building with not more than five (5) guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open to overnight guests.

LONG-TERM CARE FACILITY

A facility that is licensed either solely or in combination as a skilled nursing facility, an intermediate care facility, a residential care facility, or assisted living facility.

LOT

Land occupied or intended for occupancy by a use permitted in these regulations including one (1) main building, together with its accessory buildings and the yards, loading, and parking spaces required herein and having its principal frontage upon a street or upon an officially approved place.

LOT AREA

The total horizontal area within the lot lines of the lot.

LOT, CORNER

A parcel of land situated at the intersection of two (2) or more streets or adjoining a curved street at the end of the block.

LOT COVERAGE

The area of the lot occupied by the ground floor of all buildings, main and accessory, measured from the exterior faces of exterior walls, or from the exterior faces of supporting exterior columns for any portion of the ground floor not enclosed by exterior walls, or from the centerline of walls separating two (2) buildings.

LOT DEPTH

The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

LOT FRONTAGE

The front of a lot shall be that boundary of a lot along a public street; for a corner lot, the owner may elect either street line as the front lot line.

LOT, INTERIOR

A lot other than a corner lot.

LOT LINE, FRONT

The front property line of a lot.

LOT LINE, INTERIOR

A side lot line common with another lot.

LOT LINE, REAR

The rear lot line is the lot line or lot lines most nearly parallel to and most remote from the front lot line. Lot lines other than front or rear lot lines are side lot lines.

LOT OF RECORD

A parcel of land shown on a recorded plat or on the official map of the County or any parcel of land described by a legally recorded deed.

LOT, THROUGH

A lot having frontage on two (2) parallel or approximately parallel streets with access to both streets, and which is not a corner lot.

LOT WIDTH

The horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building lines.

MARIJUANA ACCESSORIES

Any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marijuana into the human body.

[Ord. No. 23-21, 5-17-2023]

MARIJUANA or MARIHUANA

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

[Ord. No. 19-12, 8-7-2019; Ord. No. 23-21, 5-17-2023]

MARIJUANA FACILITY

A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, marijuana testing facility, comprehensive marijuana-infused products manufacturing facility, or any other type of marijuana-related facility or business licensed or certified by the State of Missouri but shall not include a medical facility (as defined in the State Medical Marijuana Regulations).

[Ord. No. 23-21, 5-17-2023]

MARIJUANA-INFUSED PRODUCTS

Products that are infused, dipped, coated, sprayed, or mixed with marijuana or an extract thereof, including, but not limited to, products that are able to be vaporized or smoked, edible products, ingestible products, topical products, suppositories, and infused prerolls.

[Ord. No. 19-12, 8-7-2019; Ord. No. 23-21, 5-17-2023]

MARIJUANA TESTING FACILITY

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

[Ord. No. 19-12, 8-7-2019; Ord. No. 23-21, 5-17-2023]

MARINA

A place for docking ten (10) or more pleasure boats or providing services to pleasure boats and the occupants thereof, including minor servicing and repair to boats while in the water, sale of fuel and supplies, and provision of lodging, food, beverages, and entertainment as accessory uses. A yacht club shall be considered as a marina, but a hotel, motel or similar use, where docking of boats and provision of services thereto is incidental to other activities, shall not be considered a marina, nor shall boat docks accessory to a multiple dwelling where no boat-related services are rendered.

MEDICAL MARIJUANA CULTIVATION FACILITY

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

[Ord. No. 19-12, 8-7-2019; Ord. No. 23-21, 5-17-2023]

MEDICAL MARIJUANA DISPENSARY FACILITY

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

[Ord. No. 19-12, 8-7-2019; Ord. No. 23-21, 5-17-2023]

MEDICAL MARIJUANA FACILITY

Any facility that is regulated by the State to acquire, certify, cultivate, deliver, dispense, manufacture, process, sell, store, test, transport or warehouse medical marijuana including a medical marijuana cultivation facility, a medical marijuana dispensary facility, and a medical marijuana-infused product manufacturing facility.

[Ord. No. 19-12, 8-7-2019; Ord. No. 23-21, 5-17-2023]

MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

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

[Ord. No. 19-12, 8-7-2019; Ord. No. 23-21, 5-17-2023]

MEETING ROOM OR CONFERENCE ROOM

A room within a hotel or motel which is rented by individuals or groups for singular events such as business conferences, seminars, and meetings. Meeting or conference rooms may include movable barriers that partition large rooms into several smaller rooms.

MICROBREWERY RESTAURANT

A restaurant licensed as a microbrewer per Chapter 600 of the Bridgeton Code of Ordinances where the product authorized by said license is sold for either consumption on premises by the glass or in hand-capped or sealed containers in quantities up to one-half (½) barrel or fifteen and one-half (15.5) gallons sold directly to the consumer. Wholesaling shall be permitted only where authorized within the zoning ordinance. The area used for brewing, including bottling and kegging, shall not exceed thirty percent (30%) of the total floor area of the commercial space. See Restaurant.

MOBILE FOOD VENDOR

As used in the Bridgeton Zoning Ordinance, "Mobile Food Vendor" shall have the meaning set forth in the Mobile Food Vendors Code (Chapter 685 of this Code), provided that, for purposes of the Bridgeton Zoning Ordinance, "Mobile Food Vendor" shall not include solicitation of the sale of ice cream products and other frozen dessert products, which solicitation is governed by Section 640.070 of this Code.

MOBILE HOME

Any portable structure or vehicle of fire-resistant construction, designed for highway transport and to permit occupancy thereof for dwelling or sleeping purposes, including individual flush toilet, bath, cooking and refrigeration facilities.

MOBILE HOME PARK OR TRAILER PARK

An area where one (1) or more mobile homes or trailers can be and are intended to be parked, designed or intended to be used as temporary or permanent living facilities for one (1) or more families.[4]

NIGHTCLUB OR DISCOTHEQUE

An establishment whose primary activities are the sale of alcoholic beverages to be consumed on the premises, the provision of live or amplified entertainment, and dancing by patrons. See Live or Amplified Entertainment.

NON-CONFORMING USE

Any use of any building, structure or land lawfully established, or any building, structure or land occupied by a use lawfully established, which use does not conform after the passage of this Chapter, or amendments hereto, with the use regulations of the district in which such use is located.

NURSERY SCHOOL

A school operated by a person or organization which is conducted primarily for education of children two (2) years through five (5) years of age for no more than four (4) hours per child per day.

OCTAVE BAND

A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

ORDINANCE

Reference to "ordinance" herein shall be construed as the Zoning Ordinance.

PARKING FACILITY

One (1) or more parking spaces together with necessary aisles and driveways.

PARKING SPACE

An area of land, not a part of a street right-of-way, and/or the area of a building used principally for the standing of a single motor vehicle otherwise than temporarily while actually engaged in loading or unloading merchandise or passengers, exclusive of a commercial driveway or drive aisle connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile.

PLANNED DEVELOPMENT

A tract of land developed pursuant to Section 410.090 of this Chapter.

PLANNING COMMISSION

The City of Bridgeton Planning Commission, also known as the Planning and Zoning Commission.

PORCH

A roofed-over structure projecting out from the wall or walls of a main structure and commonly open to the weather in part.

PRECIOUS METAL AND GEM BUYING ESTABLISHMENT

An establishment that purchases secondhand precious metals or gems from the public at large for cash value with no certain or implied contractual period within which the seller may purchase the precious metal or gem back for the amount of the sale plus a fee. This use excludes establishments that are principally jewelry stores, pawnshops, antique/collectible shops and thrift/consignment stores.

PREROLL

A consumable or smokable marijuana product, generally consisting of: (1) a wrap or paper; and (2) dried flower, buds, and/or plant material. Prerolls may or may not include a filter or crutch at the base of the product.

[Ord. No. 23-21, 5-17-2023]

PRIMARY CAREGIVER

An individual twenty-one (21) years of age or older who has significant responsibility for managing the well-being of a Qualifying Patient and who is designated as such on the Primary Caregiver's application for an identification card under the State Medical Marijuana Regulations or in other written notification to DHSS.

[Ord. No. 19-12, 8-7-2019]

PUBLIC UTILITY

Any person, firm, corporation or municipal department duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, telegraph, transportation, water or sewage disposal.

QUALIFYING PATIENT

An individual diagnosed with at least one (1) qualifying medical condition (as defined in the State Medical Marijuana Regulations).

[Ord. No. 19-12, 8-7-2019; Ord. No. 23-21, 5-17-2023]

RELIGIOUS INSTITUTION

A building used for public worship by a congregation, excluding buildings used exclusively for residential, educational, recreational or other uses not normally associated with worship. Includes churches, chapels, cathedrals, temples and similar designations. Permitted accessory uses may include homeless emergency centers and food pantries (both as defined herein), provided such accessory uses satisfy the aforementioned building use requirements.

[Ord. No. 15-19 §2, 6-17-2015]

RESIDENTIAL CARE FACILITY (RCF)

Any premises, other than an assisted living facility, intermediate care facility, or skilled nursing facility, which is utilized by its owner, operator, or manager to provide twenty-four (24) hour care to three (3) or more residents who are not related within the fourth degree of consanguinity or affinity to the owner, operator, or manager of the facility and who need or are provided with shelter, board, and with protective oversight, which may include storage and distribution or administration of medications and care during short-term illness or recuperation, or as designated as an RCF by the State of Missouri Department of Health and Senior Services.

RESTAURANT

An establishment where food and/or beverages are prepared, served, and consumed, and whose principal method of operation includes one (1) or both of the following characteristics:

Customers are normally provided with an individual menu and served their food and beverages by a restaurant employee at the same table or counter where the items are consumed; or

A cafeteria-type operation where food and beverages generally are consumed within the restaurant building.

At least fifty percent (50%) of the gross income of a restaurant must be derived from the sale of prepared meals or food consumed on-premises or which has an annual gross income of at least two hundred thousand dollars ($200,000.00) from the sale of prepared meals or food consumed on-premises.

RESTAURANT, FAST-FOOD

A restaurant where food and beverages are primarily served to customers in disposable containers or disposable dishes and where customers order and are served in whole or in part at a service counter; and a restaurant where customers are served at a drive-thru or a walk-up window or in vehicles.

RINGLEMANN NUMBER

The number of the area on the Ringlemann Chart that coincides most nearly with the visual density of emission.

SEMI-PERMANENT GUEST

Any person occupying a guest room or combination of guest rooms in a lodging establishment under any concession, permit, right of access, license, rental or other agreement for living and sleeping purposes for a period:

[Ord. No. 13-38 §2, 9-4-2013]

In excess of:

Thirty-one (31) consecutive days; or

Thirty-one (31) nonconsecutive days within any ninety-day period; and

Not exceeding six (6) months.

SETBACK LINE, BUILDING

See "BUILDING SETBACK LINE".

SHORT-TERM LOAN ESTABLISHMENT

Any of the following:

A business providing, as a primary or substantial portion of its business, unsecured loans of five hundred dollars ($500.00) or less, which is licensed by the appropriate State agency pursuant to Section 408.500 et seq., RSMo., as such Section may be amended from time to time (or is required by law to be licensed pursuant to Section 408.500 et seq., RSMo., in order to lawfully operate its business), but which is not licensed by the appropriate State or Federal agency as a bank, credit union or savings and loan association.

A business engaged in check cashing operations for a fee as a primary or substantial element of its business and which is not licensed by the appropriate State or Federal agency as a bank, credit union or savings and loan association.

A business providing, as a primary or substantial portion of its business, consumer credit loans as defined in Section 367.100 et seq., RSMo., as such Section may be amended from time to time, which holds a certificate of registration from the appropriate State agency pursuant to Section 367.100 et seq., RSMo., as such Section may be amended from time to time (or is required by law to hold a certificate of registration pursuant to Section 367.100 et seq., RSMo., in order to lawfully operate its business), but which is not licensed by the appropriate State or Federal agency as a bank, credit union or savings and loan association.

A title loan office, as defined in Section 367.500 et seq., RSMo., as such Section may be amended from time to time, which is licensed by the appropriate State agency pursuant to Section 367.500 et seq., RSMo., as such Section may be amended from time to time (or is required by law to be licensed pursuant to Section 367.500 et seq., RSMo., in order to lawfully operate its business), but which is not licensed by the appropriate State or Federal agency as a bank, credit union or savings and loan association.

SHORT-TERM RENTAL

The letting or offering for let of a dwelling or a portion thereof to one (1) or more transient guests for a period of thirty (30) consecutive calendar days or less.

[Ord. No. 20-18, 9-2-2020]

SKILLED NURSING FACILITY

Any premises, other than a residential care facility, assisted living facility, or an intermediate care facility, which is utilized by its owner, operator, or manager to provide for twenty-four (24) hour accommodation, board and skilled nursing care and treatment services to at least three (3) residents who are not related within the fourth degree of consanguinity or affinity to the owner, operator, or manager of the facility. Skilled nursing care and treatment services are those services commonly performed by or under the supervision of a registered professional nurse for individuals requiring twenty-four (24) hours a day care by licensed nursing personnel including acts of observation, care, and counsel of the aged, ill, injured, or infirm, the administration of medications and treatments as prescribed by a licensed physician or dentist, and other nursing functions requiring substantial specialized judgment and skill.

SMOKE UNITS

Represent the number obtained by multiplying the smoke density in Ringlemann numbers by the time of emission in minutes. For the purpose of this chart, Ringlemann density reading is made at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed; and the various products are added together to give the total number of "smoke units" observed during the total period under observation.

SODA FOUNTAIN OR CANDY SHOP

An establishment engaged in the preparation and/or retail sale of beverages, ice cream or frozen treats, and candy or confections excluding liquor, beer, or other alcoholic beverages. Such beverages and foods may be consumed on- or off-premises. Soda fountains may provide customer service at a drive-thru or a walk-up window or in vehicles.

SPECIAL EVENT

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

[Ord. No. 13-29 §1, 8-7-2013]

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

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

SPECIAL EVENT SIGN

A sign posted to advertise or draw attention to a special event and defined herein as either a banner sign or freestanding sign, as follows:

[Ord. No. 13-29 §1, 8-7-2013]

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

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

SPECIAL USE

Any use of land or buildings, or both, described and permitted under the special use provisions of this Chapter.

STATE ADULT-USE MARIJUANA REGULATIONS

The rules and regulations promulgated by DHSS for the regulation and control of the cultivation, manufacture, dispensing and sale of marijuana for adult use pursuant to Article 14, Section 2, of the Missouri Constitution.

[Ord. No. 23-21, 5-17-2023]

STATE MARIJUANA REGULATIONS

The rules and regulations promulgated by DHSS for the regulation and control of the cultivation, manufacture, dispensing and sale of marijuana for medical and/or adult use.

[Ord. No. 23-21, 5-17-2023]

STATE MEDICAL MARIJUANA REGULATIONS

The rules and regulations promulgated by DHSS for the regulation and control of the cultivation, manufacture, dispensing and sale of marijuana for medical use pursuant to Article 14, Section 1, of the Missouri Constitution.

[Ord. No. 19-12, 8-7-2019; Ord. No. 23-21, 5-17-2023]

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen (14) feet in height shall be considered as an additional story for each fourteen (14) feet or fraction thereof.

STORY, HALF

A half story is that portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two (2) opposite exterior walls, are not more than four and one-half (4½) feet above the finished floor of such story. In the case of single-family dwellings, two-family dwellings, and multiple-family dwellings less than three (3) stories in height, a half story in a sloping roof shall not be counted as a story for the purpose of this Chapter, except in the case where independent apartments or living quarters occupy the half story when it shall be counted as a full story. In the case of multiple-family dwellings, three (3) or more stories in height, a half story shall be counted as a story.

STREET

A public way other than an alley.

STREET LINE

A line separating an abutting lot, piece or parcel from a street.

STRUCTURAL ALTERATIONS

Any change, except those required by law or ordinance, which would prolong the life or change the shape or size of any portion of a building or structure or of the supporting members of a building or structure, such as bearing walls, columns, beams, arches, floor or roof joists or girders.

STRUCTURE

Any thing constructed or erected which requires location on the ground or is attached to something having location on the ground.

TATTOO/PIERCING/BODY MODIFICATION ESTABLISHMENTS

An establishment where the principal or accessory business activity includes one (1) or more of the following activities:

The creation of an indelible or semi-permanent mark, figure, word, or graphic illustration upon a human body by the insertion of pigment on or under the skin or by the raising of scars; or

The penetration of the skin to make, generally permanent in nature, a hole for the purpose of allowing the insertion of earrings, jewelry, or similar objects into the body.

	The following activities are excluded from this definition:
	1.	The use of a mechanized, pre-sterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both;
	2.	The creation of body illustrations and permanent cosmetics when accessory to a permitted medical office; and
	3.	The application of pigment or a decal to the outer surface of the skin, which remains approximately three (3) to five (5) days until such time as the image fades or is washed away.

TAVERN OR SALOON

An establishment whose primary activity is the sale of alcoholic beverages to be consumed on the premises. Taverns or saloons include bars, private clubs and similar facilities serving alcoholic beverages.

TEA ROOM OR COFFEE HOUSE

An establishment where tea, coffee, other beverages, and light snack foods, such as baked goods, soups and sandwiches, are prepared and served in either disposable or non-disposable containers. Such beverages and foods may be consumed on- or off-premises. Tea rooms and coffee houses may provide customer service at a drive-thru or a walk-up window or in vehicles.

TERRACE, OPEN

A level and rather narrow plane or platform which, for the purpose of this Chapter, is located adjacent to one (1) or more faces of the principal structure and which is constructed not more than four (4) feet in height above the average level of the adjoining ground.

THRIFT/CONSIGNMENT DROP-OFF CENTER

An establishment open to the general public wherein one (1) or more types of secondhand domestic articles are purchased or accepted for donation, but not sold, such as clothing, shoes, furniture and other assorted items, the value of which is only a fraction of the original cost, for which price guides are not available, and which normally have no collectible or antique value. This classification does not include the purchase, acceptance, or storage of secondhand motor vehicles, trailers, boats, construction equipment, parts, accessories, or similar items.

[Ord. No. 15-19 §3, 6-17-2015]

THRIFT/CONSIGNMENT STORE

An establishment open to the general public wherein one (1) or more types of secondhand domestic articles are sold, such as clothing, shoes, furniture and other assorted items, the value of which is only a fraction of the original cost, for which price guides are not available, and which normally have no collectible or antique value. Accessory to sales, such establishments may purchase and/or accept the donation of the aforementioned secondhand domestic articles. This classification does not include the sales, acceptance, or storage of secondhand motor vehicles, trailers, boats, construction equipment, parts, accessories, or similar items. This classification does not apply to businesses which sell primarily new goods, and which occasionally sell secondhand articles as a result of trade-ins or unclaimed merchandise.

[Ord. No. 15-19 §2, 6-17-2015]

TOBACCO ACCESSORY SHOP

A specialty retail establishment that has, as a substantial or significant portion of its stock in trade, smoking-related accessories, such as pipes, pipe cleaners, lighters, butane, flints, pocket knives, and cigar nippers, exclusive of items identified as drug paraphernalia or illegal smoking products in Chapter 205 of the Municipal Code.

TOBACCO SHOP

A specialty retail establishment that has no substantial or significant portion of its stock in trade in anything other than tobacco products. The consumption of purchased tobacco products on the grounds of the establishment shall be as permitted by the St. Louis County Department of Health.

[5]

TRADE OR BUSINESS SCHOOL/COLLEGE

Use providing education or training in business, commerce, health, technical, mechanical, language, or other similar activity or occupational pursuit, and not otherwise defined as an "educational institution", either primary and secondary, or college/university, or as a "home occupation".

TRAILER

A vehicle without motor power used or adaptable for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting, which does not meet Building Code requirements and has been or reasonably may be equipped with wheel or other devices for transporting the structure from place to place. The term "trailer" shall include "camp car" and "house car". A permanent foundation shall not change its character unless the entire structure is erected in accordance with the City Building Code.

TRAILER CAMP

Any premises occupied or designed to accommodate one (1) or more families living in an automobile house trailer or mobile home, or the parking of one (1) or more trailers for business or storage purposes.

TRANSIENT GUESTS

Any person who occupies any dwelling unit, room or accommodation under any concession, permit, right of access, license, rental or other agreement for living and sleeping purposes for a period of thirty (30) consecutive calendar days or less.

[Ord. No. 20-18, 9-2-2020]

TRUCK TERMINAL

An area where freight brought by truck is stored for routing or reshipment or in which semi-trailers, including tractor and/or trailer units and other trucks, are parked or stored. The area used for storage, routing and/or transfer of any designated or potentially toxic or hazardous waste as defined by Building and/or Fire Codes shall meet requirements of those Codes during the handling of these materials.

USE

The purpose for which land or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased.

VARIETY STORE

A retail store that sells inexpensive items, often with a single price for all items in the store. Typical merchandise includes cleaning supplies, toys, household goods and gardening equipment, exclusive of items identified as drug paraphernalia or illegal smoking products in Chapter 205 of the Municipal Code. A variety store may include a counter for the sale of hot and cold prepared foods.

WAREHOUSE

A building used primarily for the storage of goods and materials. The storage of any designated or potentially toxic or hazardous waste as defined by Building and/or Fire Codes shall meet requirements of those Codes.

WAREHOUSING AND DISTRIBUTION

A use engaged in storage, wholesale and distribution of manufactured products, supplies and equipment. The storage of any designated or potentially toxic or hazardous waste as defined by Building and/or Fire Codes shall meet requirements of those Codes.

WINERY

One (1) or more buildings used for the processing of wine and juice-making material, sale of wine and wine-related products, and related wine producing activities. All wine offered for sale at a winery shall be produced under a State of Missouri domestic license. Retail activities of a winery may include, but are not limited to, a tasting room, gift shop, reception area or meeting space, special events planning, and the sale of natural table grapes, unfermented grape juice, wine, and re-packaged food and gift items. Seventy-five percent (75%) of the wine sold on site shall be produced from grapes either grown on the premises or the State of Missouri.

YARD

An open space on the same lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this Chapter, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulation for the district in which the lot is located.

YARD, FRONT

A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of a building.

YARD, REAR

A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.

YARD, SIDE

That part of the yard lying between the nearest line of the principal building and a side lot line and extending from the required front yard (or from the front lot line, if there is no required front yard) to the required rear yard.

ZONING ADMINISTRATOR

The City Engineer or assigns.

ZONING MAPS

The map or maps incorporated into this Chapter as a part hereof.

[1]

Editor's Note — Drawings illustrating certain definitions are included as an attachment to this Chapter.

[2]

*The original text of ord. no. 11-11 inadvertantly left out the word "high" before school. After confirming with the City, this has been changed to read "high school".

[3]

Editor’s Note: The definition of "hotel," which immediately followed, was repealed 9-4-2013 by Ord. No. 13-38.

[4]

Editor’s Note: The definition of “motel, motor court, tourist court or motor lodge,” which immediately followed, was repealed 9-4-2013 by Ord. No. 13-38.

[5]

Editor's Note: The former definition of Tourist Home, which immediately followed, was repealed 9-2-2020 by Ord. No. 20-18.

Section 410.040 Use Districts.

[Ord. No. 70-25 §4, 3-18-1970; Ord. No. 82-50, 10-6-1982; Ord. No. 84-32, 5-16-1984; Ord. No. 97-62, 9-17-1997; Ord. No. 00-35, 4-19-2000]

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

	Residential Districts
	"R-1" Single-Family Dwelling District
	"R-1A" Single-Family Dwelling District
	"R-2" Single-Family Dwelling District
	"R-3" Single-Family Dwelling District
	"R-4" Single-Family Dwelling District
	"R-4A" Single-Family Dwelling District
	"R-5" Two-Family Dwelling District
	"R-6" Multiple-Family Dwelling District

	Business Districts
	"B-1" Local Business District
	"B-2" Community Business District
	"B-3" Travel/Entertainment Services District
	"B-4" General Commercial District

	Manufacturing Districts
	"M-1" Manufacturing District, Limited
	"M-2" Manufacturing District

	Special Districts
	"A" Rural District
	"B-5" Planned Commercial District
	"M-3" Planned Manufacturing District

Zoning Maps. The locations and boundaries of the districts established in this Zoning Ordinance are shown upon zoning maps bearing the legend "The Zoning Districts of the City of Bridgeton", the original map adopted by Ordinance No. 82-50 on October 6, 1982. Official copies of the maps are at various scales and contained in the Public Works Department of the City of Bridgeton, Missouri, and shall be public records. The official copies may be photographed, microphotographed, photostated or reproduced that are on file, which maps when so reproduced shall be deemed to be an original record for all purposes. The zoning map, together with all notations, references and other information shown thereon and a record of all amendments thereto, shall be deemed a part of this Chapter.

Annexed Land. Land which may hereafter be annexed to the City of Bridgeton shall retain the zoning applicable to it immediately prior to such annexation until such time as the City Council shall change such zoning. Within sixty (60) days after the effective date of any annexation, the City shall, in accordance with the provisions of Section 410.200, propose a zoning plan of the annexed land for adoption.

Zoning Of Streets, Alleys, Public Ways And Railroad Rights-Of-Way. All streets, alleys, public ways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways and railroad rights-of-way. Where the centerline of a street, alley, public way or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

Boundary Lines. Wherever any uncertainty exists as to the boundary of any use district as shown on the zoning maps incorporated herein, the following rules shall apply:

Where district boundary lines are indicated as following streets, alleys or similar rights-of-way, they shall be construed as following the centerlines thereof and if the actual location of such street, alley, easement, canal or stream varies slightly from the location as shown on the zoning map, then the actual location shall control;

Where district boundary lines are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries; and

Where a lot held in one (1) ownership and of record at the effective date of this Chapter is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district; provided that this construction shall not apply if it increases the area of the less restricted portion of the lot by more than twenty percent (20%).

Section 410.050 General Provisions.

[Ord. No. 70-25 §5, 3-18-1970; Ord. No. 76-120, 10-20-1976; Ord. No. 80-56, 8-20-1980; Ord. No. 81-91, 12-16-1981; Ord. No. 82-3, 1-6-1982; Ord. No. 92-02, 2-5-1992; Ord. No. 92-65, 10-21-1992; Ord. No. 93-77, 9-1-1993; Ord. No. 97-62, 9-17-1997; Ord. No. 99-16, 3-3-1999; Ord. No. 02-49 §1, 8-21-2002; Ord. No. 02-69 §1, 12-2-2002; Ord. No. 03-33 §1, 8-6-2003; Ord. No. 06-06 §1, 2-15-2006; Ord. No. 08-08 §1, 2-27-2008; Ord. No. 11-44 §2, 9-7-2011; Ord. No. 11-58 §1, 10-19-2011; Ord. No. 12-40 §2, 6-20-2012; Ord. No. 12-44 §3, 7-18-2012; Ord. No. 12-52 §3, 8-15-2012]

Scope Of Regulations. No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose, other than is permitted in the district in which the building or land is located.

Height And Area — Exceptions And Modifications.

Height.

No building shall be erected, reconstructed, relocated or structurally altered so as to have a greater height, a higher ratio of lot coverage, or smaller open space about it than permissible under the limitations set forth herein for the district in which such building is located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks, stage towers or scenery lofts, and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions; however, radio and communication towers shall not exceed a height of forty-five (45) feet from ground level, except when permitted by the City Council through a special permit authorizing same after study and recommendations by the Planning Commission to the City Council and after a public hearing conducted by the City Council, notice of which shall have been properly advertised using the procedure as prescribed for an amendment to the Zoning Ordinance; and in either case, said towers shall be designed to comply with structural requirements of the City of Bridgeton Building Code, and when not otherwise contrary to the airport approach zone height provisions of this Chapter.

Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet, and churches and temples may be erected to a height not to exceed seventy-five (75) feet, if the building is set back from each yard line at least one (1) foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located.

Within the approach zone to any major airport, non-instrument runway (Lambert Field Runway 12), no building or structure shall be authorized with a height that would interfere with the path of aircraft using a glide angle of twenty to one (20:1) from the end of the runway (using the elevation of the paving at the end of the runway as the reference point for calculation and not the relative grades of existing topography.) The approach zone included for such limitation would include an area one thousand (1,000) feet in width, measuring five hundred (500) feet in each direction perpendicular to the centerline of the runway and extending away from the runway in a fan shape with its width being six thousand (6,000) feet at a distance of two (2) miles from the end of the runway, with measurement of three thousand (3,000) feet along a line measuring three thousand (3,000) feet in each direction perpendicular to the prolongation of the centerline of the runway. The owners of land within such approach zone shall not be required to limit the height of buildings or structures below twenty-five (25) feet if the end of the runway is not five hundred (500) feet or more from the boundaries of the airport or a public agency has not purchased the air rights or a public easement or purchased property to include the land within a distance of five hundred (500) feet from the end of the runway for a public park or other reservation which would cause the land regulated by this provision to be located beyond five hundred (500) feet from the end of the runway.

Within the approach zone to any major airport instrument runway (Lambert Field Runway 6), no building or structure shall be authorized with a height that would interfere with the path of aircraft using a glide angle of forty to one (40:1) from the end of the runway (using the elevation of the paving at the end of the runway as the reference point for calculation and not the relative grades of existing topography.) The approach zone included for such limitation would include an area one thousand (1,000) feet in width, measuring five hundred (500) feet in each direction perpendicular to the centerline of the runway and extending away from the runway in a fan shape with its width being six thousand (6,000) feet at a distance of two (2) miles from the end of the runway, with measurement of three thousand (3,000) feet along a line measuring three thousand (3,000) feet in each direction perpendicular to the prolongation of the centerline of the runway.

The owners of land within such approach zone shall not be required to limit the height of building or structures below twenty-five (25) if the end of the runway is not one thousand (1,000) feet or more from the boundaries of the airport, or a public agency has not purchased the air rights or a public easement or purchased property to include the land within a distance of one thousand (1,000) feet from the end of the runway for a public park or other reservation which would cause the land regulated by this provision to be located beyond one thousand (1,000) feet from the end of the runway.

Area.

No space allocated to a building or dwelling group for the purpose of complying with the side, rear or front yard, or court, or other open space or lot area requirements of this Chapter shall thereafter, by reason of change in ownership or for any other reason, be used to satisfy the yard, court, open space or lot area requirements of any other building or dwelling group.

No usable open space or off-street parking space or loading space existing or provided hereafter for any building shall be reduced below the minimum requirements hereinafter set forth for such usable open space, parking space or loading space, nor further reduced if already less than said minimum requirements.

Where a lot is used for a commercial or industrial purpose, more than one (1) main building may be located upon the lot but only when such buildings conform to all open space requirements around the lot for the district in which the lot is located.

Front yards. The front yards herein established shall be adjusted in the following cases:

Where forty percent (40%) or more of the frontage on the same side of a street between two (2) intersecting streets is developed with buildings that have observed a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.

Through lots abutting on two (2) streets shall provide the required front yard on both streets.

On corner lots a front yard shall be provided on each street.

An unenclosed balcony or unenclosed porch may project into a front yard for a distance not exceeding ten (10) feet. An enclosed vestibule containing not more than forty (40) square feet may project into a front yard for a distance not to exceed four (4) feet.

Side yards. The side yards herein established shall be adjusted in the following cases:

For the purpose of the side yard regulations, a two-family dwelling or a multiple dwelling shall be considered as one (1) building occupying one (1) lot.

A porte-cochere, carport or canopy may project into a required side yard, provided every part of such porte-cochere, carport or canopy is unenclosed except for necessary structural supports and not less than five (5) feet from any side lot line.

Rear yards. The rear yards heretofore established shall be adjusted in the following cases:

Where a lot abuts upon an alley, one-half (½) the alley width may be considered as part of the required rear yard.

Permitted Obstructions In Required Yards. The following shall not be considered to be obstructions when located in the required yards specified:

In all yards. Open terraces not over four (4) feet above the average level of the adjoining ground but not including a permanently roofed over terrace or porch; awnings and canopies; steps, four (4) feet or less above grade, which are necessary for access to a permitted building or for access to a lot from a street or alley; chimneys projecting eighteen (18) inches or less into the yard; recreational and laundry-drying equipment; arbors and trellises; flagpoles; and air conditioning equipment.

In front yards. One-story bay windows projecting three (3) feet or less into the yard; and overhanging eaves and gutters projecting three (3) feet or less into the yard.

In side yards. Overhanging eaves and gutters projecting into the yard for a distance not exceeding ten percent (10%) of the required yard widths, but in no case exceeding twenty-four (24) inches; and open fences not exceeding six (6) feet in height.

In rear yards. Open terraces over four (4) feet may encroach in the rear yard requirement by fifty percent (50%), but not including a roofed-over terrace or porch.

Lot Area And Dimensions.

When two (2) or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under requirements of the use district in which they are located, are contiguous and are held in one (1) ownership, they may be used as one (1) lot for such use, if they are subsequently recorded as one (1) lot.

Any single lot or parcel of land, held in one (1) ownership, which was of record at the time of original adoption of this Chapter, that does not meet the requirements for minimum lot width and area, may be utilized for a permitted use if all yards, courts, or usable open space are not less than seventy-five percent (75%) of the minimum required dimensions or areas.

Location Of Building. Except as otherwise provided for in this Chapter, every building shall be constructed or erected upon a lot or parcel of land which abuts upon a public street or permanent easement of access to a public street, which easement shall have a minimum width of thirty (30) feet, unless an easement of lesser width was of record prior to the original adoption of this Chapter. A lot serviced by easement shall establish the yards at the time of a building permit.

Buildings Under Construction. Nothing in this Chapter shall be deemed to require any change in the plans, construction or designated use of any buildings upon which actual construction was lawfully begun prior to the adoption of this Chapter and upon which building actual construction has been diligently carried on and, provided further, that such building shall be completed within one (1) year from the date of passage of this Chapter.

Buildings On A Lot. Every building hereafter erected or structurally altered to provide dwelling units shall be located on a lot as herein defined and in no case shall there be more than one (1) such building on one (1) lot except that in a two-story garage with living quarters upon the second (2nd) floor, such quarters may be occupied by a servant (and his/her family) of the family occupying the main structure. There may also be constructed a guest house, or rooms for guests within an accessory building, provided such facilities are used for the occasional housing of guests of the occupants of the main structure and not for permanent occupancy by others as a housekeeping unit.

Rezoning Of Public And Semi-Public Areas. An area indicated on the zoning map as a public park, recreation area, public school site, cemetery, City Hall and public safety facility or other similar public building, open space shall not be used for any purpose other than that designated; and when the use of the area is discontinued, it shall automatically be zoned to the most restricted adjoining district until appropriate zoning is authorized by the City Council.

Exemption Of Farming And Farm Structures. Nothing contained in these regulations shall prevent the use of land, or require permits therefor, for the raising of crops, orchards or forestry.

Exemption of farming structures. Nothing contained in these regulations shall affect the erection, alteration or extension of the building or structures for farming purposes as defined herein, and no construction or occupancy permits shall be required for such building and structures located in the "A" Rural District or in the flood plain area.

Fence Regulations.

All fences in all districts shall conform to the provisions of this Section.

Open and closed fences not exceeding six (6) feet in height may be located in the rear and side yard in any residential district except that on a corner lot fences are not permitted to be located closer to the side street than is the main building permitted to be located on the same lot.

For interior lots a fence may be located to the established building setback line along the side lot lines, regardless of the building location.

Open and closed fences, not exceeding eight and one-half (8½) feet in height, including any permitted barbed wire, may be located in the rear and side yard in any business or manufacturing district except that on a corner lot fences are not permitted to be located closer to the side street than is the main building permitted to be located on the same lot.

Within any front yard and the street side yard of a corner lot in residential districts, a decorative fence may be located not closer than twenty (20) feet to the street right-of-way line; provided that such decorative fence is not more than thirty-six (36) inches in height, nor more than thirty (30) feet in length.

On corner lots only, and in lieu of any other fences in the front and street side yard, a decorative fence may be located in the front or street side yard not closer than one (1) foot behind the sidewalk or street right-of-way, whichever is furthest from the street, provided that the decorative fence is not more than twenty-four (24) inches in height, and not more than a continuous thirty percent (30%) of the linear length of the front and/or street side yard lot line where the fence is to be placed.

Fences constructed of barbed wire, razor wire, hog wire or chicken wire or any wire similar to barbed, hog or chicken wire, as well as electrified fences, are not permitted in any district except that barbed wire or similar types of security wire and electric alarm fences are permitted in business and manufacturing districts when used for security purposes in conjunction with a fence made of other materials and provided the lowest strand is at least six (6) feet three (3) inches above grade and all such fences shall be permitted on properties used for farm purposes.

Decorative fences shall have the finish side towards the adjoining property owner unless the adjoining owner requests otherwise. Poles shall be placed on the property of the applicant.

Fences and backstops constructed in connection with recreation or athletic facilities must be constructed within the buildable area of the lot unless an encroachment into a required yard is approved in the special use permit for such facility.

Walls or fences required by the City for purposes of screening outdoor storage, parking areas and recreational areas may be located in any yard.

The design, materials and construction for all open and closed fences are subject to review and approval of the Design and Review Board in accordance with Chapter 500 of the City Code of Ordinances.

Special Events. The following conditions must be adhered to for each category of special event.

Civic events.

Civic events shall satisfy the general conditions for special events contained in Section 410.050(K)(3) below.

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

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

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

Sales and promotional events.

Sales and promotional events shall satisfy the general conditions for special events contained in Section 410.050(K)(3) below.

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

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

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

General conditions for special events.

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

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

Special events may utilize tents and other temporary structures; however, such structures with floor areas in excess of one hundred twenty (120) square feet shall require a building permit.

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

Special events may utilize signage as permitted herein.

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

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

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

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

No outdoor activities shall block traffic movement on any street.

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

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

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

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

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

Mobile food vendors shall be permitted in conjunction with a special event permit issued pursuant to this Section, provided that such permit specifically authorizes the operation of a mobile food vendor.

Such other conditions as the Zoning Administrator, City Engineer, Chief of Police or the applicable Fire District finds necessary to protect the general welfare of the community.

Special event signage permitted:

(1)

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

(a)

Have a maximum single sign-face area of twenty-four (24) square feet.

(b)

Do not exceed ten (10) feet in height as measured from the ground to include its structure.

(2)

A special event may utilize one (1) building-mounted banner special event sign, provided that such signs:

(a)

Have a maximum sign-face area of thirty-two (32) square feet.

(b)

Are only mounted on building walls, parapet walls, retaining walls, or fences, except on properties or buildings with multiple businesses, such as but not limited to shopping centers, where such signs shall only be located on the portion of the building face where the business or use is located.

Special event signage prohibited:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

Signs that emit amplified sound or noise of any kind.

(6)

Signs that are internally or externally lit.

(7)

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

Issuance of special event permits.

An application for a permit for conducting a special event may be filed with the Zoning Administrator on forms provided by that official and accompanied by plans, data and other material as may be necessary to fully describe the nature, location and timing of the special event. If the Zoning Administrator finds that the conditions contained in this Section 410.050(K), as applicable, will be adhered to, he or she shall authorize the issuance of a permit for such special event. However, the Zoning Administrator may reject such applications for cause, including, but not limited to, the advice of the Chief of Police, the Fire District, or the City Engineer.

Revocation of special event permits.

The Zoning Administrator may revoke a permit granted under this Section under the following conditions:

(1)

The permit was obtained by fraud or misrepresentation; or

(2)

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

(3)

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

Temporary Structures. Portable building(s) are permitted for temporary use for a period not to exceed one (1) year for business and manufacturing land uses, in non-residential zoning districts, where the principal building is made uninhabitable by fire, flood or other natural disaster or if a permit for remodeling or renovation or the like has been obtained. The portable building(s) shall be located on the same tract or parcel of land where the disaster occurred. The City Engineer has the authority to extend the use of the portable building(s) for an additional six (6) months but not to exceed a maximum of eighteen (18) months duration of the use of portable building(s). A portable building is permitted to be used as a temporary sales office for a residential development of at least ten (10) lots for a period not to exceed two (2) years or upon the issuance of seventy-five percent (75%) of the building permits, whichever occurs first. The City Council may approve an extension not to exceed twelve (12) months.

Alternative Financial Service Establishments. No alternative financial service establishment shall be granted a zoning certificate until all business licensing requirements have been satisfied, including provisions contained in Section 610.170 of the Municipal Code limiting the number of such establishments operating in the City.

Tattoo/Piercing/Body Modification Establishments. No tattoo/piercing/body modification establishment may be located on a parcel which is within five hundred (500) feet of a parcel of land on which another tattoo/piercing/body modification establishment is located.

Adult Or Sexually-Oriented Establishments.

No person shall cause or permit the establishment of any adult or sexually-oriented establishment on any parcel of land, any portion of which is within five hundred (500) feet of the right-of-way of an interstate highway. Any such distance shall be measured in a straight line without regard to intervening properties from the closest point on any property line of the property on which such use shall be proposed to be located to the closest point of the right-of-way for an interstate highway. In no case shall signage for such business or use be visible from an interstate highway.

No such business or use may be located on a parcel which is within one thousand (1,000) feet of a parcel of land which is used primarily for any of the following protected uses:

Single-family or multi-family residentially zoned parcels;

Churches, synagogues, mosques, temples, and other houses of worship, and related activities;

Primary or secondary schools;

Day care facilities;

Libraries;

Parks, public or private; and

Hotels and motels.

Such distance referred to in Subsection (O)(2) above shall be measured in a straight line without regard to intervening properties from the closest point on any property line of the property in which such use shall propose to be located to the closest point on any property line of the protected use.

No such business or use may be located on a parcel which is within one thousand (1,000) feet of a parcel of land on which another adult or sexually-oriented establishment is located. The distance between any two (2) adult or sexually-oriented establishments shall be measured in a straight line without regard to intervening structures from the closest point on any property line of the property on which any such adult or sexually-oriented establishment is located.

No signage or window display, whether temporary or permanent, for such business or use may graphically depict or include words referencing any human anatomy, sex toy, or similar instruments, devices, or paraphernalia which is visible from off-premises.

Outdoor sales and promotions associated with such businesses or uses are expressly prohibited. The facility in which such business is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian, sidewalk, walkway, street or other public area. No activity shall take place partially or totally outside the business.

Homeless Service Centers And Homeless Support Centers.

[Ord. No. 15-19 §4, 6-17-2015]

No such facility or use may be located on a parcel which is within one thousand three hundred twenty (1,320) feet of a parcel of land which is used primarily for any of the following protected uses:

Single-family or multi-family residentially zoned parcels;

Primary or secondary schools;

Day care facilities;

Libraries;

Parks, public or private; and

Hotels and motels.

Such distance referred to in Subsection (P)(1) above shall be measured in a straight line without regard to intervening properties from the closest point on any property line of the property in which such use shall propose to be located to the closest point on any property line of the protected use.

No such facility or use may be located on a parcel which is within one thousand three hundred twenty (1,320) feet of a parcel of land on which another homeless service center or homeless support center is located. The distance between any two (2) homeless service center or homeless support center shall be measured in a straight line without regard to intervening structures from the closest point on any property line of the property on which any such homeless service center or homeless support center is located.

No such facility shall be located in an "M-3" Planned Manufacturing District unless said use is explicitly listed among permitted or special uses. Any general reference to uses permitted in an "M-1" Manufacturing District, Limited or any uses permitted with a special use permit in the "M-1" Manufacturing District, Limited shall not be considered an explicit reference to homeless service centers or homeless support centers.

Regulations For Group Home Providers.

[Ord. No. 15-29 §3, 11-4-2015]

Purpose. It is necessary and desirable to provide suitable sites for group homes in residential areas provided that, in furtherance of the goals of deinstitutionalization and dispersal, group homes are not unduly concentrated in neighborhoods so as to ensure that mentally or physically disabled persons are afforded the opportunity to be integrated in the community.

In order to promote deinstitutionalization and dispersal of group homes, no group home may be located within one thousand two hundred fifty (1,250) feet of another group home, measured by the straight line distance between the nearest points of the exterior walls (exclusive of overhangs) of the buildings within which the relevant facilities or uses are located; nor may any group home:

(1)

Adjoin any lot upon which another group home already exists, or

(2)

Be separated from any lot upon which an existing group home already exists only by a street or roadway.

The exterior appearance of the home and property, occupancy limitation, signage and other standards applicable to single-family residences shall apply equally to group homes.

In order to achieve the deinstitutionalization and dispersal goals referenced herein, owners and operators of group homes must register the facility with the Department of Public Works on forms provided for that purpose and certify compliance with all applicable ordinances of the City. Owners and operators of group homes must also notify the department of any change of use, transfer or termination of a group home use and revise the facility registration as appropriate.

Notwithstanding any other provision of this Section to the contrary, any individual, group or entity may make a request for reasonable accommodation from the provisions of this Section pursuant to the procedures set forth in Section 265.200 of this Code.

Regulations For Medical Marijuana Facilities And Marijuana Facilities.

[Ord. No. 19-12, 8-7-2019; Ord. No. 22-24, 7-20-2022; Ord. No. 23-21, 5-17-2023]

All medical marijuana facilities and marijuana facilities shall comply with the following site requirements:

Each such facility shall comply with applicable State law, including, without limitation, the State Medical Marijuana Regulations for such medical marijuana facility and the State Adult-Use Marijuana Regulations for such marijuana facility.

No medical marijuana facility or marijuana facility shall be located within five hundred (500) feet of an existing elementary or secondary school, day care, or church (as each such term is defined in the State Marijuana Regulations). In the case of a freestanding medical marijuana facility or marijuana facility, the distance between the medical marijuana facility or marijuana facility and the school, day care, or church shall be measured from the external wall of the medical marijuana facility or marijuana facility structure closest in proximity to the school, day care, or church to the closest point of the property line of the school, day care, or church. If the school, day care, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, day care, or church closest in proximity to the medical marijuana facility or marijuana facility. In the case of a medical marijuana facility or marijuana facility that is part of a larger structure, such as an office building or strip mall, the distance between the medical marijuana facility or marijuana facility and the school, day care, or church shall be measured from the property line of the school, day care, or church to the medical marijuana facility or marijuana facility's entrance or exit closest in proximity to the school, day care, or church. If the school, day care, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, day care, or church closest in proximity to the medical marijuana facility or marijuana facility. Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.

No medical marijuana facility or comprehensive marijuana facility shall be located within five hundred (500) feet from another medical marijuana facility or comprehensive marijuana facility. However, this shall not prohibit such facilities from operating on the same premises, where permitted by State law. Measurements shall be made in the manner prescribed in Subsection (R)(1)(b) above.

No medical marijuana facility or marijuana facility shall use any equipment or process that creates noise, dust, vibration, glare, fumes, odor or electrical interference detectable to normal senses beyond the property boundary, nor shall any such facility in any way cause a public nuisance per Chapter 230 of the Bridgeton Municipal Code, as applicable. All such facilities shall be subject to the performance standards in Section 410.140(B)(3) of the Zoning Ordinance. The applicant for any such facility shall demonstrate that the facility has appropriate odor-mitigation systems to prevent any odor of marijuana or fumes from being detectable to normal senses beyond the property boundary, or in any way cause a public nuisance per Chapter 230 of the Bridgeton Municipal Code, as applicable.

All marijuana cultivation, processing, storage, display, sales or other distribution of marijuana, including storage of materials, products, or equipment, shall occur only within a fully enclosed building and shall not be visible from the exterior of the building.

All marijuana or marijuana-infused product waste shall be disposed of in a secured waste receptacle designed to prohibit unauthorized access that is located on the same lot as the medical marijuana facility or marijuana facility, and in such a manner otherwise in accordance with all applicable State Marijuana Regulations.

Each medical marijuana facility or marijuana facility shall display its State-issued license on the interior of the facility, visible to the public, at all times.

Each medical marijuana facility or marijuana facility shall not allow on-site consumption of marijuana or marijuana-infused products on the premises at any time. No loitering shall be permitted at any such facility.

Each medical marijuana facility or marijuana facility shall have a fireproof vault or safe that is incorporated into and securely attached to the building structure for the purpose of securely storing cash and any processed marijuana or marijuana-infused products.

The sale or consumption of alcohol within a medical marijuana facility or marijuana facility is prohibited.

Each medical marijuana facility and marijuana facility shall at all times possess a current City business license.

All medical marijuana dispensary facilities and comprehensive marijuana dispensary facilities shall comply with the following additional site requirements:

The hours of operation for a medical marijuana dispensary facilities and comprehensive marijuana dispensary facilities shall be limited to between 8:00 A.M. and 9:00 P.M.

The waiting area and the area of a medical marijuana dispensary facilities and comprehensive marijuana dispensary facilities where marijuana or marijuana-infused products are physically delivered to a consumer, qualifying patient or primary caregiver shall be separated by a solid wall and solid door so that persons in the waiting area are obstructed from observing the delivery of the marijuana or marijuana-infused products to the consumer, qualifying patient or primary caregiver.

No marijuana or marijuana-infused products shall be displayed so as to be visible through glass, windows, or doors by a person of normal visual acuity standing at the outside perimeter of a medical marijuana facility or marijuana facility.

Medical marijuana dispensary facilities or comprehensive marijuana dispensary facilities shall be allowed to sell to a consumer, qualifying patient or primary caregiver devices, contrivances, instruments and paraphernalia for inhaling or otherwise consuming marijuana, including, but not limited to, rolling papers, and related tools, water pipes, and vaporizers.

Medical marijuana dispensary facilities or comprehensive marijuana dispensary facilities shall be located and operated from a permanent and fixed structure and may not be located in a trailer, cargo container or motor vehicle and the structure shall not be mobile or operate from a transitory location.

Medical marijuana dispensary facilities or comprehensive marijuana dispensary facilities shall not provide delivery services for any of their products unless otherwise allowed by State law.

Residential Cultivation.

To the extent allowed by State law, marijuana for medical or adult use may be cultivated in a residential structure in accordance with State law and State Marijuana Regulations, provided:

(1)

The structure is the primary residence of a consumer, primary caregiver or qualifying patient, and the marijuana is grown solely for the use of the consumer or qualifying patient who resides there or who is under the care of the primary caretaker.

(2)

The residence has operating systems to assure that the emission of fumes or vapors connected with the cultivation are not allowed out of the building, or if the residence is in a multi-family building, that such fumes and vapors are not allowed into any other residence.

(3)

The cultivation must comply with the security and other requirements of State law and the applicable State Marijuana Regulations.

(4)

The resident has notified the City Clerk, including providing proof of eligibility, on a form to be provided by the City Clerk, so that Law Enforcement and Code Officials will be aware that the cultivation is lawfully taking place.

Residential Consumption. Qualified patients and consumers may dispense marijuana in their private residence, or in the residence of another with permission, but may not dispense or smoke marijuana in such a manner that the marijuana smoke or odor exits the residence. In a multi-family or similar dwelling, marijuana may not be dispensed or consumed in any common area.

Prohibition Of Short-Term Rentals Of Residential Property.

[Ord. No. 20-18, 9-2-2020]

Short-term rental of residential dwellings located in the City of Bridgeton is prohibited.

Section 410.060 Permits and Certificates.

[Ord. No. 70-25 §6, 3-18-1970; Ord. No. 05-42 §1, 9-21-2005]

General. No application for a building permit or other permit or license or for a certificate of occupancy shall be approved by the Building Official, and no permit of license shall be issued by any other City department which would authorize the use or change in use of any land or building contrary to the provisions of this Chapter, or the erection, moving, alteration, enlargement or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this Chapter. Any permit, zoning certificate or certificate of occupancy or other certificate issued in conflict with the provisions of this Chapter shall be null and void.

Zoning Certificates. Except as hereinafter provided, no permit pertaining to the use of the land or buildings shall be issued by an officer, department or employee of this City unless the application for such permit has been examined by the office of the Zoning Administrator and has affixed to it a certificate of the office that the proposed building or structure and use thereof complies with all the provisions of this Chapter. However, with respect to the performance standards of this Chapter for manufacturing and other specified uses, the Zoning Administrator shall accept as proof of compliance with such standards the certificate of an architect or professional engineer licensed by the State of Missouri stating that the building or structure and proposed use thereof does conform with the said performance standards for the district in which it is located. Upon receipt of such certificate and if all other relevant requirements of this Chapter are met, the Zoning Administrator shall without further delay, approve and authorize the issuance of a zoning certificate, provided that within fifteen (15) days from the date of such approval, the Zoning Administrator shall examine said application and shall advise the architect or professional engineer in writing if the building, structure or use thereof does not in fact comply with the performance standards of this Chapter for the district in which it is or is to be located. Failure of the architect or professional engineer to show compliance within thirty (30) days of such notification shall be cause for revocation of the zoning certificate.

Plats. Every application for a building permit shall be accompanied by:

A plat of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale showing the actual dimensions and certified by a land surveyor or civil engineer licensed by the State of Missouri as a true copy of the piece or parcel, lot, lots, block or blocks, or portions thereof, according to the registered or recorded plat of such land.

A plat drawn to scale in such form as may from time to time be prescribed by the Zoning Administrator, showing the ground area, height and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building or structure or land, and such other information as may be required by the Zoning Administrator for the proper enforcement of this Chapter.

Each of the two (2) plats shall be attached to the application for a building permit when it is submitted for a zoning certificate and shall be retained by the Zoning Administrator as a public record.

Certificate Of Occupancy.

Scope of permits — new buildings and uses.

No buildings or addition thereto constructed after the effective date of this Chapter and no addition to a previously existing building shall be occupied, and no land vacant on the effective date of this Chapter shall be used for any purpose until a certificate of occupancy has been issued by the office of the Zoning Administrator. No change in use to the production, processing or storage of materials or goods, and no change in use from the production, processing or storage of one (1) kind of materials or goods to another kind, shall be made until a certificate of occupancy has been issued by the office of the Zoning Administrator. Every certificate of occupancy shall state that the use or occupancy complies with all the provisions of this Chapter.

Application for occupancy certificate. Every application for a building permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use of land, where no building permit is required, shall be made directly to the office of the Zoning Administrator.

Issuance of occupancy certificate. No certificate shall be issued until construction has been completed or the use has been established and has been inspected and certified by the office of the Zoning Administrator to be in compliance with all the provisions of this Chapter, provided that pending the issuance of a regular certificate, a temporary certificate may be issued as provided in Subparagraphs (d) through (f) below. An occupancy permit shall be issued or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued no later than fourteen (14) days after the office of the Zoning Administrator is notified in writing that the building or premises is ready for occupancy.

Application for temporary certificate. Every application for a temporary certificate shall be made in writing directly to the office of the Zoning Administrator.

Issuance of temporary certificate. A temporary certificate shall be issued or written notice shall be given to the applicant stating the reasons why a temporary certificate cannot be issued no later than fourteen (14) days after the office of the Zoning Administrator receives such application. A temporary certificate may be issued only for a commercial building. A temporary certificate may not be issued for any building when, in the opinion of the City Engineer or his or her designee, there is a danger to public health, safety or welfare. A temporary certificate must state those items that must be completed to obtain the regular certificate and, in order for a regular certificate to be issued, such items must be completed and approved by the appropriate City Official prior to the expiration of the temporary certificate and issuance of the regular certificate. The duration of a temporary certificate may not exceed six (6) months after the date of its issuance. Occupancy of the building shall become void and illegal and all occupants must immediately vacate the property upon the expiration of the temporary certificate, if a regular certificate is not issued and obtained prior to the expiration of the temporary certificate.

Guarantee for temporary certificate. Whenever an applicant seeks a temporary certificate, the applicant shall deposit one (1) of the following types of security in a form acceptable to the City and in an amount equal to one hundred fifty percent (150%) of the estimated cost of completion of the remaining improvements:

(1)

Cash;

(2)

A certified check;

(3)

An irrevocable letter of credit from a bank located in the St. Louis metropolitan area and otherwise acceptable to the City; or

(4)

A surety bond forfeitable to the City from a surety company acceptable to the City. The estimate of such cost shall be solely at the discretion of the City Engineer. If the applicant fails to complete all required improvements prior to the expiration of the temporary certificate, the City shall have the right, but not the obligation, to enter the applicant's property and building to complete the improvements with the funds available.

Certificate of occupancy for non-conforming uses. Certificates of occupancy for non-conforming uses lawfully existing on the effective date of this Chapter shall be issued by the Zoning Administrator, and the certificate shall state that the use is a non-conforming use and does not conform with the provisions of this Chapter. The Zoning Administrator shall notify all occupants of property being used as non-conforming uses and said occupants shall, within thirty (30) days of receipt of such notice, apply at the office of the Zoning Administrator for a certificate of occupancy.

Section 410.070 Non-Conforming Buildings and Uses.

[Ord. No. 70-25 §7, 3-18-1970; Ord. No. 70-97, 11-18-1970; Ord. No. 97-62, 9-17-1997]

Continuance Of Use.

Any lawfully established use of a building or land, at the effective date of this Chapter or of amendments thereto, that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal non-conforming use and may be continued, except as otherwise provided herein.

Any legal non-conforming building or structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

Any building for which a permit has been lawfully granted prior to the effective date of this Chapter, or of amendments thereto, may be completed in accordance with the approved plans; provided construction is started within six (6) months and diligently pursued to completion. Such building shall thereafter be deemed a lawfully established building.

Discontinuance Of Use.

Whenever any part of a building, structure or land occupied by a non-conforming use is changed to or replaced by a use conforming to the provisions of this Chapter, such premises shall not thereafter be used or occupied by any non-conforming use, even though the building may have been originally designed and constructed for the prior non-conforming use.

Whenever a non-conforming use of a building or structure, or part thereof, has been discontinued for a continuous period of six (6) months if the building was originally designed and constructed for a non-residential use, or whenever there is evident a clear intent on the part of the owner to abandon a non-conforming use, such use shall not, after being discontinued or abandoned, be re-established, and the use of the premises thereafter shall be in conformity with the regulations of the district.

Where no enclosed building is involved, discontinuance of a non-conforming use for a period of six (6) months shall constitute abandonment.

Change Of Use.

A non-conforming use of a building or structure, or part thereof, may be changed to a use of the same or of a more restricted classification but may not thereafter be changed to any less restricted use.

Any part of a building, structure or land occupied by a non-conforming use which is changed to or replaced by a use conforming to the provisions of this Chapter shall not thereafter be used or occupied by a non-conforming use.

Termination And Removal Of Non-Conforming Use.

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

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

Any of the following non-conforming structures which are not attached to a building and existed lawfully on the effective date of this Chapter: Non-conforming signs, billboards, and outdoor advertising structures.

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

No junk or automobile wrecking yard shall be operated or maintained for more than thirty-six (36) months after a zoning change to a use district within which such use is not permitted, except that in an "M-1" Limited Manufacturing District, the Board of Adjustment may permit, for a specified time, the continued use of an area containing an automobile wrecking yard or junk yard provided that a six (6) foot high masonry wall or substantial sightly tight fence be constructed around such areas.

Repairs And Alterations.

Normal maintenance of a building or other structure containing a non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use.

No structural alterations shall be made in a building or other structure containing a non-conforming use, except in the following situations:

When the alteration is required by law.

When the alteration will actually result in eliminating the non-conforming use.

When the alteration improves the appearance of a non-conforming building, such as a new store front or the elimination of a porch.

When a building containing residential non-conforming uses may be altered in any way to improve livability, provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.

Damage And Destruction. If a building or other structure containing a non-conforming use is damaged or destroyed by any means to the extent of sixty percent (60%) or more of its replacement value at that time, the building or other structure may be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than sixty percent (60%) of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building which existed at the time of such partial destruction may be continued. Restoration or repair of the building or other structure must be started within a period of one (1) year and diligently pursued to completion. The extent of the damage shall be established by estimates made by the City Engineer. An appeal from the decision of the City Engineer may be taken by the owner or agent of the property involved in the manner set forth in the Appeals Section of this Chapter.

Additions And Enlargements.

A non-conforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use and is made to conform to all the regulations of the district in which it is located.

No building partially occupied by a non-conforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such non-conforming use.

No non-conforming building in any residential district shall be so altered as to increase the number of dwelling units therein.

No non-conforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the lot as it existed at the effective date of this Chapter, or to displace any conforming use in the same building or on the same parcel.

Exceptions.

Wherever a lawfully existing building or structure otherwise conforms to the use regulations of this Chapter, but is non-conforming only in the particular manner hereinafter specified, the building and use thereof shall be exempt from the requirements of Section 410.070(D) and (E).

In any "R" District, where a dwelling is non-conforming, only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein.

In any "R" District, where a use permitted in the "B-1" District occupies ground floor space within a multiple-family dwelling located on a corner lot.

In any "B" or "M" District, where the use is less distant from an "R" District than that specified in the regulations for the district in which it is located.

Section 410.080 Special Uses.

[Ord. No. 70-25 §8, 3-18-1970; Ord. No. 72-47, 6-7-1972; Ord. No. 97-62, 9-17-1997]

Purpose. The principal objective of this Zoning Ordinance is to provide for an orderly arrangement of compatible building and land uses and for the proper location of all types of uses required for the social and economic welfare of the City, and this Chapter is based on the division of the entire City into districts in each of which are permitted specified uses that are basically compatible. In addition to such permitted, compatible uses, however, there are certain other uses which it may be necessary or desirable to allow in a given district, but which because of their potential impact upon neighboring uses or public facilities or the planned development of the community need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this Chapter as "special uses" and are established and controlled by the following provisions of this Section.

Authority. The City Council shall have authority to issue by ordinance special use permits for uses of land and structures as designated in the regulations for each zoning district classification subject to the conditions, standards and procedures contained in this Section as well as in such district regulations.

Procedures For A Special Use Permit.

Applications. Applications for special use permit, to include a site plan and necessary descriptive material relating to the intensity and extent of use and such other information as shall be required by the Zoning Administrator from time to time, shall be made to the Planning and Zoning Office which shall forthwith refer the application to the Planning Commission to investigate and report on the effect of the proposed building or use upon traffic conditions, parking calculations to confirm they meet ordinance requirements, fire hazards, the character of the neighborhood, public utilities and the general welfare of the community. Such report and the recommendation of the Planning Commission on the proposed building or use shall be filed with the City Council within eighty (80) days of the referral of said request to the Planning Commission, unless the City Council or the applicant agrees to an extension of the time.

Hearing. Upon receipt of the report and the recommendation of the Planning Commission, the City Council shall hold a public hearing on the application and shall give notice of the date, time and place thereof by causing a notice thereof to be published at least two (2) times in an official newspaper or a newspaper of general circulation in the City of Bridgeton. The first (1st) publication of said notice shall be at least fifteen (15) days prior to the day of such hearing.

Authorization. After such hearing, the City Council shall determine whether such building or use would promote the health, safety, morals or general welfare of the people of the City of Bridgeton in accordance with and in the accomplishment of the comprehensive zoning plan of the City, and in making such determination the City Council shall consider the effect of such building or use on:

Traffic conditions;

Fire hazards;

The character of the neighborhood;

The general welfare of the community;

Public utilities.

If the City Council shall make such determination in the affirmative, it shall grant such special use permit, and if the Council shall not make such determination in the affirmative, it shall not grant such permit. If the Planning Commission shall have recommended the issuance of such special use permit, the affirmative votes of at least five (5) members of the Council shall be required to make such affirmative determination, and in the event the Planning Commission shall have recommended against the issuance of such special use permit, the affirmative votes of at least six (6) members of the Council shall be required to make such affirmative determination.

Conditions. The Planning Commission may recommend and the City Council may provide such terms, conditions or restrictions upon the construction, location and operation of a special use, as the Planning Commission or the City Council may determine, in order to further the general objectives of this Chapter and to minimize the possibility of injury to the value of property in the neighborhood.

Revocation Of Special Use Permit.

Authorization.

A special use permit may be revoked by the City Council if it is surrendered by the owner of the property for which it is issued or if the terms of the permit have been violated.

A special use permit shall be automatically revoked if it has not been exercised within any period of two (2) consecutive years after the date it was granted; provided however, the City Council may, upon application of the landowner made before or after the expiration of such special use permit, grant a one (1) year extension thereof.

Procedure for revocation by Council.

In the event a special use permit has been violated, a revocation of such permit may be initiated by the Planning Commission or the City Council. Any proposition to revoke a special use permit on the grounds that the terms of the permit have been violated shall be referred to the Planning Commission, which shall give not less than fifteen (15) days' notice by certified mail to the owner of the property for which such permit was issued of the date, time and place of the meeting at which it will consider revocation of such permit.

Any such notice shall be directed to such property owner at the address shown on the tax records for said property in the City offices, or if no such address is listed in the City offices, in the office of the Department of Revenue of St. Louis County. If no address of the property owner is indicated in the records of either the City or the County, no notice need be mailed to the property owner. In any event, the failure of any party entitled to notice hereunder to receive the same shall not invalidate any proceeding to revoke a special use permit.

The Planning Commission shall offer the property owner and any interested party an opportunity to be heard at any meeting at which it shall consider a proposition for revocation of a special use permit. The Planning Commission shall make its report and recommendation to the City Council on the revocation of a special use permit within eighty (80) days after such proposed revocation is submitted to the Planning Commission.

Upon receipt of the report and recommendation of the Planning Commission, the City Council shall hold a public hearing on the proposed revocation. At least fifteen (15) days' notice of the date, time and place of such hearing shall be published in an official newspaper or a newspaper of general circulation in the City of Bridgeton.

Any revocation of a special use permit against the recommendation of the Planning Commission may be adopted only on the affirmative vote of three-fourths (¾) of the entire membership of the Council. A special use permit revocation recommended by the Planning Commission may be effected by a majority vote of all members of the Council.

Section 410.090 Planned Developments.

[Ord. No. 70-25 §9, 3-18-1970; Ord. No. 74-88, 8-21-1974; Ord. No. 81-47, 7-1-1981; Ord. No. 84-73, 10-17-1984; Ord. No. 90-55, 6-6-1990; Ord. No. 99-01, 1-6-1999; Ord. No. 99-87, 12-8-1999; Ord. No. 06-29 §1, 6-21-2006]

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

Community Unit Plan. A planned development for residential purposes, to be known as a "Community Unit Plan", may be authorized in any residential use district as herein provided. The intent of this Section is to allow desirable housing concepts which are neither single-family residences nor the traditional apartment complex. A Community Unit Plan should be considered when the development of land requires a high level of site improvements, has topography unsuitable for conventional development, or has high dollar value. It would encourage high quality site planning design and construction, mixed single-family and multi-family residences, plus inclusion of green space and recreational facilities.

Permitted uses.

Low-rise garden type apartments and town houses;

Cluster housing;

Row houses;

Zero lot line houses;

Detached single-family residences.

	Multi-family housing for general or family occupancy will be encouraged over rental housing due to the general compatibility of housing ownership characterizing the prevalent life style of Bridgeton.
	Permitted uses of this planned district may be developed according to the condominium property as defined in the Rules and Definitions Section 3 (410.030) of this zoning ordinance.

The owner or owners of any tract of land comprising an area of not less than five (5) acres may submit to the Planning and Zoning Office of the City of Bridgeton a plan for use and development of all the tract of land for residential purposes, or for the repair and alteration of any existing housing development of an area comprising ten (10) acres or more.

The development or alteration plan shall be referred to the City Planning Commission for the study and report. If the Commission approves the plan, it, together with the recommendation of the Commission, shall then be submitted to the Council for consideration and approval. The recommendations of the Commission shall be accompanied by a report stating the reasons for the approval of the application and specific evidence and facts showing that the proposed community plan meets the following conditions.

That the property adjacent to the area included in the plan will not be adversely affected.

That the plan is consistent with the intent and purpose of this Chapter to promote public health, safety, morals and general welfare.

That the buildings shall be used only for single-family dwellings or multiple dwellings and the usual accessory uses such as garages, storage space and community activities, including churches.

That the dwelling units shall not exceed fourteen (14) units per acre and that the average lot area per family, exclusive of streets, will not be less than three thousand (3,000) square feet.

That none of the buildings which are planned as a part of the development shall be upon separate lots, but all of the said buildings constituting component parts of the "Community Unit Plan" shall be and remain upon a single tract of land, unsubdivided, and that said tract of land shall be owned as a whole entity or as an entirety; and even though said ownership may be by or through a single individual, a husband and wife, a corporation, a partnership or an associated or unassociated group of individuals, no owner other than those who are part owners of condominium property hereinabove defined and as developed under Section 448.010, RSMo., 1969, shall be permitted to own any dwelling or residential unit or units which shall comprise any less than the total whole entity or entirety of the Community Unit Planned Development; provided however, that notwithstanding the above, there may be separate ownership of single-family residential units on individual lots in a portion of a Community Unit Plan.

No Community Unit Plan shall be considered by the Council unless it shall be accompanied by a trust indenture which shall contain proposed deed restrictions and trust provisions, which shall include, but not be limited to, the following items:

Provisions for designation of a "common element" or common facilities area upon which no residential buildings shall be constructed, but upon which there may be provided the following, among other possible facilities or common elements:

(1)

Picnic areas;

(2)

Swimming pool or pools;

(3)

Playground areas and playground equipment;

(4)

Tennis courts;

(5)

Nursery school or schools.

Provision for the qualifications and for the election or selection of at least three (3) qualified persons to serve as trustees for the administration and enforcement of the trust provisions under the trust indenture; with further provisions for their terms of office, their method of election or selection after the first (1st) Board of Trustees' election or appointment; with further provisions for succession or replacement of trustees who die, resign, move from the community or who fail or refuse to carry out their duties under the trust indenture, with power in the City to enforce the trust provisions.

Provisions setting out the powers and duties of the trustees under the trust indenture with respect to the following:

(1)

The reasonable minimum amount of money required to be expended yearly in maintaining the area where the common elements and facilities are located and the common facilities, which said amount shall be related percentagewise to the total rents collectable from, or the value of, all residential units in the planned development.

(2)

Provisions that the yearly minimum amount of money which is to be expended for maintenance of the common element or facilities area and the elements or facilities therein shall be paid to the trustees for such purposes, and that minimum yearly amount shall constitute a lien upon all of the real estate, including the improvements thereon, and the common element or facilities area.

(3)

Provisions shall be made for the effective means of collection of the reasonable yearly minimum amount of money designated and required for the maintenance of the common element area, which shall be acceptable to the Council before approval of the planned development.

(4)

Provisions that the planned development shall be maintained as a whole, an entity, or as an entirety, unsubdivided, and that no part thereof shall ever be sold or transferred separately, except as hereinabove provided in connection with condominium property and individual lots for single-family residential units, and except that the unsubdivided fee underlying the entire planned development may be sold, transferred and held separately subject to all of the provisions of this Chapter.

(5)

In the event there shall be individual lots for single-family residential units, there shall be provisions in the trust indenture specific to such individual lots.

No Community Unit Plan shall be considered by the Council unless the plan shall contain:

Provisions for two (2) off-street automobile parking spaces for each dwelling unit in the planned development. In addition to the required off-street parking, the development shall provide off-street public parking areas of no more than four (4) vehicles and equal to the sum of one percent (1%) of the total off-street parking requirements. These off-street public parking areas shall be distributed throughout the development.

Provisions that all roads and streets in the Community Unit Plan shall be dedicated to public use and the construction thereof planned in accordance with the standards applicable to at least the minimum standards for construction of public streets of the City of Bridgeton, with adequate provisions for bond or escrowed funds conditioned upon the completion of said streets.

Provisions for bond or escrowed funds conditioned upon the completion as planned of the common element facilities.

After a receipt of findings, report and recommendations of the Planning Commission, the City Council shall hold a public hearing at which supportive statements or objections may be voiced on the application. At least fifteen (15) days' notice of the date, time and place of such hearing shall be published in an official newspaper or a newspaper of general circulation in the City of Bridgeton.

If the City Council approves the development by ordinance, building permits and certificates of occupancy may be issued even though the use of land, the location of the buildings to be erected in the area and the yards and open spaces contemplated by the plan do not conform in all respects to the district regulations of the district in which the development is located. The City Council has the right to impose any conditions or restrictions it determines to be proper.

No Community Unit Plan rezoning shall occur or be effective to authorize issuance of any permits for construction thereunder, despite approval of the City Council, until and unless the aforementioned trust indenture, deed restrictions, and the development plat approved by the Planning Commission and signed by the Mayor have been recorded in the office of the St. Louis County Recorder of Deeds.

Authority to modify regulations. The Bridgeton City Council shall have the authority in approving any Community Unit Plan to change, alter or modify any provisions of the zoning ordinance or subdivision ordinance as they apply to the proposed Community Unit Plan to achieve the intent of the Community Unit Plan.

Planned Single-Family Residential Unit Development.

A planned development for single-family residential purposes may be authorized by the City Council by ordinance and the granting of a special permit in any residential district as herein provided. The intent of this Section is to permit desirable housing concepts and encourage innovative single-family residential design, open space and site planning developments that are conducive to neighborhood characteristics.

Such developments would be permitted on tracts which are unable to meet all the established zoning regulations due to unusual circumstances in lot size, configuration, topography, external conditions or particular design features through the planned unit development process.

The City seeks the following objectives:

Creation of a more desirable development than would be possible through strict application of the zoning regulations.

Encourage a creative approach to the use of land resulting in better design, amenities and overall development.

Combination and coordination of building styles, forms and building relationships.

Preservation and enhancement of desirable site characteristics and open space.

Use of design, landscape or architectural features to encourage a pleasing environment.

The owners of any tract of land zoned single-family residential comprising an area of two (2) or more acres may submit to the Planning and Zoning office of the City of Bridgeton a plan for development of a planned single-family unit project as provided herein. Such plan shall be referred to the City Planning Commission for a public hearing, report and recommendation and then submitted to the City Council for consideration and approval. The City Planning Commission report shall specify the facts and evidence the proposed projects meets the provisions and goals of this planned residential unit, the goals and objectives and of the Comprehensive Plan of the City of Bridgeton. The City Council shall hold a public hearing on the proposal in accordance with Section 410.090(B)(6).

Authority to modify regulations. The Bridgeton City Council shall have the authority in approving any planned unit development to change, alter, modify any provisions of the zoning ordinance as they apply to the proposed planned unit development to achieve the development objectives.

Permitted uses. The following types or combinations thereof of single-family housing units are permitted:

Detached houses;

Zero lot line houses;

Row houses;

Cluster houses.

Permitted uses of this planned district may be developed according to the condominium property as defined in the Rules and Definitions Section 3 (410.030) of this zoning ordinance.

That the dwelling units shall not exceed fourteen (14) units per acre and that the average lot area per family, exclusive of streets, will not be less than three thousand (3,000) square feet.

Application and plans. An applicant for a planned residential single-family development shall file an application for a special permit on forms provided by the Zoning Administrator. The application shall include the following:

One (1) copy of the legal description.

Eighteen (18) copies of the planned residential unit development plan prepared and sealed by a registered design professional drawn to a scale of one (1) inch to twenty (20) feet or larger showing:

(1)

Boundary lines with dimensions and bearings and area of the proposed site.

(2)

All proposed buildings and structures.

(3)

Streets.

(4)

Easements.

(5)

Parking and internal traffic flow.

(6)

Points of ingress and egress.

(7)

Exterior building materials proposed.

(8)

Preliminary architectural style of proposed buildings.

(9)

Any proposed common areas.

(10)

Preliminary landscape plan.

(11)

Any proposed special site features.

(12)

Setback lines.

(13)

Any proposed detention area.

(14)

Contour lines, existing and proposed.

(15)

Number of dwelling units and floor areas of each unit.

(16)

Proposed storm and sanitary sewers locations.

(17)

Location and number of parking spaces.

Two (2) off-street parking spaces shall be provided for each dwelling unit.

10.

Any proposed common areas shall comply with Subsection (B)(4) of Section 410.090 of the zoning ordinance.

11.

A planned single-family residential development may be maintained as a condominium development or as individual land parcels for single-family residential units.

12.

All roads proposed shall be constructed in accordance with the standards for construction of public streets of the City of Bridgeton.

13.

No planned unit development rezoning shall occur or be effective to authorize issuance of any permits for construction thereunder, despite approval of the City Council, until and unless the aforementioned trust indenture, deed restrictions, building plans and elevations, and development plat approved by the Planning Commission and signed by the Mayor have been recorded in the office of the St. Louis County Recorder of Deeds.

Planned Commercial Or Manufacturing Districts. In order to encourage a high quality of design and site planning in the development of multi-family residential, commercial and manufacturing uses, or combinations thereof, Planned Commercial or Manufacturing Districts may be authorized in any section of the community appropriate for intensive development.

The owners of record or the owners under contract, or their authorized representatives, of a tract of land comprising an area of not less than one (1) acre may, in the manner prescribed in Section 410.200 for a change in zoning, submit a proposal for the establishment of a Planned Commercial District (PCD) meeting the requirements of this Subsection (D).

The owners of record or the owners under contract, or their authorized representatives, of a tract of land comprising an area of not less than three (3) acres may, in the manner prescribed in Section 410.200 for a change in zoning, submit a proposal for the establishment of a Planned Manufacturing District (PMD) meeting the requirements of Subsection (D).

The City Council may, in the manner prescribed in Section 410.200 of the Bridgeton Zoning Ordinance, impose, create, amend, supplement, change, modify or repeal by ordinance any Planned Commercial District (PCD) or Planned Manufacturing District (PMD), the boundaries of PCD or PMD Districts, or the regulations or restrictions established within any PCD or PMD District.

The Planning Commission may, on its own initiative, petition the City Council requesting the imposition, creation, amendment, supplementation, change, modification or repeal by ordinance of any Planned Commercial District (PCD) or Planned Manufacturing District (PMD), the boundaries of PCD or PMD Districts, or the regulations or restrictions established within any PCD or PMD District, provided that it first held public hearings thereon in the manner set out in Sections 89.010 to 89.140, RSMo., and as may be prescribed by the Bridgeton Zoning Ordinance.

Permitted uses.

(1)

For a PCD, the designated permitted uses may be any uses permitted in the "B-1", "B-2" or "B-3" Districts as well as multiple-family dwelling units, including low-rise garden type buildings and townhouses, cluster housing and row housing at a density not exceeding fifteen (15) units per acre.

(2)

For a PMD the designated permitted uses may be any uses permitted in the "B-4" or "M-1" District.

(3)

For both a PCD and a PMD there shall also be permitted accessory uses and/or buildings as defined in Section 410.030(B).

Other requirements. A PCD or PMD shall be established only by an ordinance describing the tract of land included and designating specific requirements for each of the following:

(1)

Permitted uses of land in conformance with Section 410.090(D)(4)(a)(1).

(2)

Minimum lot size.

(3)

Minimum front, rear and side yard requirements.

(4)

Maximum building heights provided that all buildings must, if applicable, conform to the provisions of Sections 410.050(B)(1)(c) and 410.050(B)(1)(d).

(5)

Minimum proportion of the lot that must be kept free of all development including off-street parking and be appropriately landscaped.

(6)

Screening of development from adjacent parcels in any "R" District.

(7)

Landscaping of any portions of the lot not utilized for buildings or off-street parking.

Off-street parking and loading. All uses in a PCD or a PMD shall meet the off-street parking and loading requirements contained in Section 410.110; provided that the City Council may vary the size of the individual off-street parking spaces and/or the required number of off-street parking and/or off-street loading spaces when it finds that such variation will result in a more appropriate project design while still carrying out the purpose of Section 410.110.

Establishment of a PCD or a PMD.

(1)

An application for a PCD or a PMD shall be heard, studied and considered by the Planning and Zoning Commission and City Council in the same manner as prescribed in Section 410.200 for a change in zoning. The provisions of Section 410.200 with respect to an adverse report of the Commission, a protest filed by property owners, and time limit regarding the refiling of an unsuccessful application shall apply to an application for a PCD or a PMD.

(2)

A tract of land included within an established PCD shall be designated on the zoning map as in a "B-5" District. Such tract within an established PMD shall be designated on the zoning map as in an "M-3" District.

(3)

The utilization of land in an established PCD or PMD shall require no special permit or approval not required under City ordinances for similar proposals in other areas of the City. Building permits for the utilization of land in an established PCD or PMD shall not be issued unless the proposal for utilization meets the requirements and conditions of the ordinance establishing such PCD or PMD as well as applicable provisions of other City ordinances, including the Building Code, the Zoning Ordinance and the Sign Ordinance.

Section 410.100 Accessory Buildings and Structures.

[Ord. No. 70-25 §10, 3-18-1970; Ord. No. 94-03, 1-19-1994; Ord. No. 11-40 §1, 8-3-2011; Ord. No. 12-58 §1, 9-5-2012]

Accessory Buildings Located In Residential Zoning Districts.

One (1) detached private garage or shed located in the rear or side yards with a ground floor area of up to seven hundred twenty (720) square feet is allowed subject to the following:

The height of a private garage or shed to its ridge line shall not be greater than the ridge line of the primary structure or one and one-half (1½) stories, whichever is less.

The private garage or shed shall be no closer than ten (10) feet to the principal building on any adjacent lot in a residential district.

The measurement of ground floor area, as referenced in this Section, shall include all ground covered by roof, canopy, awning, lean-to, porte-cochere, or similar sheltering structure.

One (1) additional shed is allowed in the rear yard with a ground floor area not to exceed two hundred eighty-eight (288) square feet. The height of the shed to its ridge line may not be greater than the ridge line of the primary structure or one (1) story, whichever is less.

The total ground floor area of all detached accessory buildings shall not exceed the square foot living area of the primary structure nor cover more than thirty percent (30%) of the rear yard.

Accessory buildings shall not be nearer than five (5) feet to any side or rear lot line, except as follows:

When a detached private garage is entered from an alley, it shall not be located closer than ten (10) feet to the edge of the alley access drive.

When a garage is located closer than ten (10) feet to the primary structure, the side and rear yards for the primary structure shall be observed.

When the rear lot line of the property on which the accessory building is located is common to a side lot line of an adjacent property located within a residential zoning district, the accessory building shall not be located closer than ten (10) feet to the rear property line.

When an accessory building with a building height, as described in this Section, exceeds twelve (12) feet, the side yard for the primary structure shall be observed.

Accessory buildings in excess of one hundred forty-four (144) square feet must be consistent in design and blend in with the color and construction material of the primary structure.

No accessory building in excess of one hundred forty-four (144) square feet shall have metal exterior walls, with the exception of siding that matches that of the primary structure.

Lots in excess of two (2) acres with an average width in excess of one hundred fifty (150) feet are granted an additional twenty-five percent (25%) ground coverage area increase to what is otherwise allowed herein, but in no case shall the total ground square footage of all accessory structures exceed the square foot living area of the primary structure nor cover more than thirty percent (30%) of the rear yard.

All metered utility services for any accessory building shall be provided from the primary structure and shall not be separately metered.

Accessory Buildings Located In Business, Manufacturing, And Rural Zoning Districts. Accessory buildings are allowed subject to the accessory building meeting all building and setback requirements of the primary structure and the ability to satisfy zoning, building, and storm water requirements.

Accessory Buildings And Structures Located In All Zoning Districts.

An accessory building shall not be erected prior to the establishment or construction of the principal building to which it is accessory, or to which it is intended to be accessory, except as a temporary construction facility for the main building.

Landscaping-related structures, such as arbors; benches; landscaping timbers used to define yard areas, not exceeding twenty-four (24) inches in height; statuary; trellises; and yard lighting are permitted in all yards.

Landscaping structures, such as gazebos and pergolas, not exceeding one hundred (100) square feet in ground floor area or twelve (12) feet in height, are permitted and may be located in all yards subject to the following minimum yard requirements:

Front yard. Not less than ten (10) feet.

Side and rear yard. Not less than three (3) feet.

Landscaping structures, such as gazebos and pergolas, in excess of one hundred (100) square feet in ground floor area or twelve (12) feet in height, are permitted in rear yards provided the side and rear yard setbacks for the primary structure are observed.

Swimming pools shall only be located in side and rear yards, subject to the following requirements:

Pools exceeding two (2) feet in depth must meet the side yard setback requirements of the primary structure and shall not be nearer than five (5) feet to any rear lot line.

Pools up to two (2) feet in depth shall not be nearer than three (3) feet to any side or rear lot line.

On corner lots, accessory buildings and structures shall satisfy the front yard requirements contained in this Section on all streets.

On through lots, accessory buildings and structures shall satisfy front yard requirements contained in this Section on primary front yard and shall satisfy the minimum required front yard on the secondary front yard. For purposes of this Section, the primary front yard is the yard between the front of the primary structure and the street and the secondary front yard is the yard between the rear of the primary structure and the street as determined by the Zoning Administrator.

No building permit shall be issued for an accessory building or structure located on an easement without the expressed written consent of all parties holding interest in the easement.

Section 410.110 Off-Street Parking and Loading.

[Ord. No. 70-25 §11, 3-18-1970; Ord. No. 85-45, 6-19-1985; Ord. No. 86-27, 5-21-1986; Ord. No. 92-02, 2-5-1992; Ord. No. 97-62, 9-17-1997; Ord. No. 98-24, 3-4-1998; Ord. No. 07-37 §1, 8-15-2007; Ord. No. 10-14 §1, 4-21-2010]

Purpose. The off-street parking and loading regulations are established to prevent or alleviate congestion of the public streets and so promote the safety and welfare of the public. These general objectives are achieved by providing minimum requirements for the off-street parking and loading and unloading of motor vehicles in accordance with the use to which property is put.

General Provisions.

Applicability of regulations.

For every use, activity or building permitted under the Zoning Ordinance and for all buildings or structures erected in accordance therewith, there shall be provided accessory off-street parking and loading spaces in accordance with the requirements of this Section.

When a use is expanded and/or a building is enlarged, accessory off-street parking and loading spaces shall be provided in accordance with the requirements of this Section for the area or capacity of such expansion in combination with the previously existing use and/or building.

When a use and/or building undergoes a decrease in the unit of measure specified in this Section for determining the required accessory off-street parking or loading spaces, the available accessory off-street parking or loading spaces may be reduced accordingly; provided that the remaining accessory off-street parking or loading spaces meet or exceed the requirements and standards of this Section applicable to the use and/or building as modified.

When a building and/or shopping facility has a new use occupy the facility, an analysis of the uses and their off-street parking requirements shall be provided to ensure compliance with the requirements.

Procedure. An application for a permit for a new or expanded use or building as well as for a decrease in off-street parking or loading facilities shall include a plot plan, drawn to scale and fully dimensional, showing the existing and proposed accessory off-street parking and loading facilities to be provided and/or maintained in compliance with the requirements and standards of this Section.

Location of off-street parking facilities. Off-street parking facilities shall be located as specified below; provided that where a distance is specified, it shall be within walking distance and measured from the nearest point of the parking facility to the nearest entrance to the building or activity such parking area is intended to serve.

For single- and two-family dwellings. On the same lot as the dwelling.

For multiple-family dwellings. On the same lot as the dwelling; provided that for this purpose, a group of such dwellings either under single ownership or constituting a condominium property shall be considered to be on a single lot.

For boarding, lodging and rooming houses, private clubs and lodges, hospitals, sanitariums, adult boarding facilities, residential care facilities, intermediate care facilities and skilled nursing facilities. On the same lot as the main building(s) and/or on a lot contiguous to such lot.

For all other uses. On the same lot as the use and/or within six hundred (600) feet; provided that off-street parking facilities accessory to a use located in a non-residential district may be located in a residential district only when specifically authorized by an ordinance of the City Council and provided that all of the following conditions are met:

(1)

The facility is used solely for the parking of not more than one hundred (100) passenger automobiles.

(2)

No repair work or service of any kind is conducted on the facility, except as provided in Section 410.110(E)(6).

(3)

No sign of any kind is maintained on the facility except signs designating entrances, exits and conditions of use, and having a combined total area not exceeding thirty (30) square feet.

(4)

The facility is closed to use from 9:00 P.M. to 7:00 A.M. every day except that when supervised by one (1) or more full-time attendants, the facility may be kept open until 12:00 Midnight.

(5)

Each entrance and/or exit to the facility is at least twenty (20) feet from adjacent property in a residential district.

(6)

Such other conditions as the City Council may find necessary for the protection of properties in the vicinity of the proposed facility.

When accessory off-street parking facilities are provided on a lot other than the lot occupied by the use such facilities serve, the facilities shall be in the same possession, either by deed or long-term lease, as the property occupied by such use, and the owner shall be bound by covenants filed of record in the office of the Recorder of Deeds of St. Louis County requiring the owner and his or her heirs and assigns to maintain the required number of parking spaces during the existence of such use.

Joint parking facilities. Off-street parking facilities for a contiguous group of buildings or uses may be provided collectively on the lot or lots where such building or uses are located, provided that the total number of spaces so located together shall not be less than the sum of the separate requirements for each such building or use. Except as provided in Section 410.180(D)(13), no off-street parking space provided to meet the requirements for a particular building or use shall be counted towards meeting the requirement for any other building or use.

Off-Street Parking Requirements.

Schedule of requirements.

Dwellings:

(1)

Single-family and two-family: two (2) parking spaces for each dwelling unit.

(2)

Multiple-family (including apartments and condominiums):

Studio units: one and one-half (1½) spaces per each dwelling unit.

(3)

One-bedroom unit: two (2) spaces per each dwelling unit.

(4)

Two-bedroom unit: two and one-half (2½) spaces per each dwelling unit.

(5)

Three (3) or more bedroom units: three (3) spaces per each dwelling unit.

Hotels and motels: one (1) space for each sleeping room, plus one (1) additional parking space for each two hundred (200) square feet of commercial floor area (including dining rooms, lounges, meeting rooms, retail shops, banquet rooms, convention halls), plus one (1) additional parking space for each two (2) employees; provided that, if the total number of required off-street parking spaces exceeds thirty (30), at least ten percent (10%) of the total parking spaces provided may be a minimum of ten (10) feet in width and forty (40) feet in length for the purpose of accommodating large trucks if the proposal warrants these spaces and is approved by the City Engineer.

[Ord. No. 20-18, 9-2-2020]

Mobile home parks, trailer courts or camps: two (2) parking spaces for each mobile home and trailer pad or space.

Private clubs or lodges: one (1) parking space for each one hundred fifty (150) square feet of floor area, plus one (1) additional parking space for each two (2) employees.

Lodging or rooming house: one (1) parking space for each bed.

Hospital: two (2) parking spaces for each bed, plus one (1) additional parking space for each two (2) employees, including physicians and nurses.

Residential care facility, adult boarding facility, intermediate care facility, skilled nursing facility, sanitarium: one (1) parking space for each three (3) beds, plus one (1) additional parking space for each two (2) employees including nurses.

Medical or dental clinic: eight (8) parking spaces for each physician or dentist, plus one (1) additional parking space for each two (2) employees including nurses.

Funeral home or mortuary: ten (10) parking spaces for each chapel or parlor, plus one (1) additional space for each funeral vehicle kept on the premises, plus one (1) additional parking space for each two (2) employees.

Bowling alley: five (5) parking spaces for each alley, plus one (1) additional parking space for each one hundred (100) square feet of commercial floor area (including lounges, dining rooms, snack bars, equipment shops), plus one (1) additional parking space for each two (2) employees.

Assembly hall, dance hall, exhibition hall, stadium, arena, skating rink, auditorium, gymnasium, tennis club or soccer club: one (1) parking space for each three (3) seats (based on maximum seating capacity) or for each one hundred (100) square feet of floor area, whichever results in the larger amount of parking spaces, plus one (1) additional parking space for each two (2) employees.

Indoor theater: one (1) parking space for each two (2) seats, plus one (1) additional parking space for each two (2) employees.

Church, synagogue or temple: one (1) parking space for each three (3) seats provided in the principal auditorium.

Bank and business, professional or governmental office: one (1) parking space for each one hundred fifty (150) square feet of floor area, provided that, where the owner or operator of a business or professional office can provide a professionally prepared study that such office will not attract customers or clients to the premises, the City Engineer may reduce the requirement to one (1) parking space for each three hundred (300) square feet of floor area.

Restaurant, cafeteria, bar, tavern, saloon and lounge: one (1) parking space for each fifty (50) square feet of floor area, plus one (1) additional parking space for each two (2) employees; provided that, if the total number of required off-street parking spaces exceeds thirty (30), at least ten percent (10%) of the total spaces provided may be a minimum of ten (10) feet in width and forty (40) feet in length for the purpose of accommodating large trucks if the proposal warrants these spaces and is approved by the City Engineer.

Retail store or service shop (individually or in groups): one (1) parking space for each three hundred (300) square feet of floor area, plus one (1) additional parking space for each two (2) employees.

Furniture store, appliance store, motor vehicle sales establishment, household equipment or furniture repair shop, boat sales establishment, trailer and R.V. sales establishment, machinery sales establishment: one (1) parking space for each six hundred (600) square feet of floor area, plus one (1) additional parking space for each two (2) employees.

Manufacturing and industrial use; research and testing laboratory; laundry and dry-cleaning plant; printing, binding, publishing and issuing of newspapers, periodicals, books, and other reading matter; warehouse and storage building, engraving shop, assembly of materials and products, and other similar uses: one (1) parking space for each two (2) employees, plus such additional parking facilities as shall be required for all vehicles used in the conduct of the enterprise including any clients and customers.

Schools:

(1)

Public or private elementary or junior high school: one (1) parking space for each faculty and staff member, plus one (1) additional parking space for each one hundred (100) students (full-time enrollment).

(2)

Public or private high school: one (1) parking space for each faculty and staff member, plus one (1) additional parking space for each seven (7) students (full-time enrollment).

(3)

Public or private university or college: one (1) parking space for each faculty and staff member, plus one (1) additional parking space for each two (2) students (full-time enrollment).

(4)

Nursery school, day care home or day care center: one (1) parking space for each faculty and staff member, plus one (1) additional parking space for each ten (10) children (full-time enrollment).

(5)

Music, dance, athletic or physical fitness school or studio: one (1) parking space for each faculty and staff member, plus one (1) additional parking space for each two (2) students (design capacity — the maximum number of students on site at any given time).

(6)

Business, trade or professional school: one (1) parking space for each faculty and staff member, plus one (1) additional parking space for each two (2) students (design capacity — the maximum number of students on site at any given time).

A fire station shall have one (1) space for each two hundred (200) square feet of office space and one (1) space for each employee on duty on the maximum shift; if there is no office space, then two (2) additional spaces for visitors.

Parking requirements for uses not included in any of the above shall be determined by the City Engineer on the basis of the demand for off-street parking estimated to be generated by the particular uses.

Off-street parking terminology.

The term "floor area", as used in this Section, shall mean the entire gross floor area of all floors of a building including basements and cellars, except for the following: storage rooms not open to the public; restrooms; dressing, fitting or alteration rooms; space occupied by mechanical, heating, cooling or electrical equipment for building operation; stairways and elevator shafts; permanent corridors; employee lounges or lunch rooms; kitchen areas.

The term "employees" (including physicians and nurses), as used in this Section, shall mean the maximum number of persons engaged in providing the service or conducting the activity and located on the premises at any one time.

The term "seat", as used in this Section, shall mean, in the case of pews, benches or similar type seating, a width of eighteen (18) inches.

Off-Street Loading Requirements. In all districts where the use of property includes the regular loading or unloading of materials or merchandise from vehicles:

Offices and personal or community service establishments. One (1) loading space shall be provided on the same property for each such use having greater than six thousand (6,000) square feet of floor area. Such uses include, but are not limited to, schools, administrative or professional offices, medical or dental offices, indoor recreation facilities, and places of public assembly.

Apartment dwellings. Any building containing more than fifty (50) dwelling units shall provide, on the same property, one (1) loading space for every two hundred (200) units or fraction thereof.

Business, commercial or industrial uses. Every building containing over three thousand (3,000) square feet of floor area designed or adaptable for retail business purposes, or manufacturing, warehouse (other than self-service storage), or wholesale uses shall be provided with loading spaces on the same property in accordance with the following schedule:

	Floor Area	Loading Spaces Required
	3,001 to 15,000 square feet	1
	15,001 to 50,000 square feet	2
	50,001 to 100,000 square feet	3
	Each additional 100,000 square feet or fraction thereof	1

Design And Maintenance.[1]

Applicability of criteria. The design and maintenance criteria contained in this Section shall apply to all accessory off-street parking facilities, accessory off-street loading facilities, and to motor vehicle and recreational vehicle parking facilities which are the principal use of the property.

Size of spaces and aisles.

An off-street parking space for a full-size automobile shall be a minimum of nine (9) feet six (6) inches by nineteen (19) feet in size, exclusive of aisles and driveways.

An off-street parallel parking space shall be a minimum of ten (10) feet by twenty-two (22) feet in size, exclusive of aisles and driveways.

An off-street parking space for a compact automobile shall be a minimum of eight (8) feet by sixteen (16) feet in size, exclusive of aisles and driveways.

An off-street parking space for a large truck as well as an off-street loading space shall be a minimum of ten (10) feet by forty (40) feet in size exclusive of aisles, driveways and maneuvering space and shall have a minimum vertical clearance of fourteen (14) feet.

Off-street parking spaces for automobiles shall conform with the size required for full-size automobiles; except that, on facilities designed to accommodate a total of fifty (50) or more automobiles, not more than twenty percent (20%) of the spaces for automobiles may be reduced to the size required for compact cars, provided that all such smaller spaces are located in a single contiguous area that is clearly marked as being for small or compact cars only.

An off-street parking space for vehicles other than automobiles or large trucks shall be of a size (exclusive of aisle, drives and maneuvering space) suffice to accommodate the length and width of the vehicle as well as the opening of vehicle doors for ingress and egress.

Aisles between rows of automobile parking spaces shall be a minimum thirteen (13) feet wide when providing access to spaces oriented at a forty-five degree (45°) angle to the centerline of the aisle, a minimum of eighteen (18) feet wide when providing access to spaces oriented at a sixty degree (60°) angle to such centerline, and a minimum of twenty-three (23) feet wide when providing access to spaces oriented at a ninety degree (90°) angle to such centerline. Aisles adjacent to parallel parking shall be a minimum of twenty (20) feet wide.

(1)

Aisles used to gain access to parking spaces in the rear of buildings or other non-contiguous parking facilities shall be a minimum of twenty (20) feet wide.

(2)

Parking areas, other than required for particular uses, may be determined by the developer. These include, but are not limited to, parking areas for vehicular sales and must be designated on a site plan.

For those uses that qualify as offices and/or uses where the parking space is occupied only twice during a twenty-four (24) hour period, eighty percent (80%) of the spaces may be reduced to nine (9) feet by nineteen (19) feet. The remaining spaces should be concentrated near the entrances to the structure. To qualify for this size reduction the plans must be approved by the City Engineer.

Parking areas shall be designed with appropriate means of vehicular access to a street or alley in such a manner as will least interfere with the movement of traffic. "Entrance" is defined as the area between the property line and the edge of the street, which shall be constructed of a minimum of six (6) inches of Portland cement concrete pavement or two (2) inches of type C asphaltic concrete wearing surface over seven and one-half (7½) inches type X asphaltic concrete base course. No driveway or entrance providing access to a single-family residence shall exceed thirty-five (35) feet in width at the right-of-way line and shall have a standard two and one-half (2½) foot flare to the edge of the street. There shall be permitted no more than one (1) such entrance for lots less than one hundred (100) feet in width nor more than two (2) such entrances for lots one hundred (100) feet or more in width. For all other entrances, the St. Louis County Department of Highways and Traffic — Design Criteria for the Preparation of Improvement Plans shall be followed. However, any entrances providing access to a road or street on which the width of entrances is regulated by the Missouri State Highway and Transportation Commission or St. Louis County Department of Highways and Traffic shall be permitted to be at least the minimum width required by that Commission or Department.

Off-street parking for the handicapped shall be provided in the number and size of spaces as required by the Building Code. The number of spaces for the handicapped that are provided shall be counted towards meeting the requirements of Section 410.110(C)(1).

Setbacks, landscaping and screening.

Except for access driveways providing connection to the street, no portion of any off-street parking facility or off-street loading area shall be located closer to any street right-of-way lines than the minimum front yard setback required by the regulations of the district in which the property is located, provided that on property located in the "M-1" Limited Manufacturing District, an accessory off-street parking facility may be located no closer than twenty (20) feet to such lines. Any wall, fence or hedge developed around any such facility or area shall be subject to the same setback requirement as the facility or area itself.

All off-street parking facilities designed to accommodate six (6) or more vehicles shall be effectively screened by a wall, a solid fence, or a densely compacted hedge along any side which adjoins property in any residential district. Such wall, fence or hedge shall be at least four (4) feet, but not more than eight (8) feet in height, and shall be maintained in good condition.

All off-street parking facilities designed to accommodate fifty (50) or more vehicles shall be landscaped and/or graded in a manner that will break up any visual appearance of a large expanse of pavement and/or parked vehicles, and such landscaping shall be maintained in a good condition. No parking space shall be more than one hundred (100) feet from any landscaped planting area. No landscaped area shall be less than five (5) feet in width.

Any portion of the property occupied by an off-street parking facility not utilized for parking spaces, aisles, driveways, entrances, exits, or accessory structures shall be landscaped in an appropriate manner and such landscaping shall be maintained in good condition.

No off-street loading area shall be closer than fifty (50) feet to any property in a residential district unless completely enclosed by building walls, or a uniformly painted solid fence or wall, or any combination thereof not less than six (6) feet in height.

No off-street parking space for large trucks shall be closer than one hundred fifty (150) feet to any occupied dwelling unit, residential trailer or mobile home.

Landscaped planting areas shall consist of at a minimum the use of trees and shrubs. A schedule of the plantings shall accompany any site plan.

The area set aside for dumpsters and similar devices shall be completely screened from view from any street. The screening may be of vegetation, walls and/or fencing that complements the principal structure on the site.

Construction, lighting and signs.

All off-street parking facilities, except public facilities for the parking of only recreational vehicles (including boats, trailers and motor homes), shall be improved with a compacted rolled stone base not less than six (6) inches thick and a wearing surface of asphaltic concrete not less than two (2) inches thick or with such other materials and thicknesses as may be approved by the City Engineer as being equivalent construction. Other parking areas that are used for storage, and are fenced from the public, shall be improved with at least a compacted rolled stone surface not less than six (6) inches thick which shall be approved by the City Engineer.

	All off-street loading areas shall be improved with eight (8) inches of Portland cement concrete or with such other materials and thicknesses as may be approved by the City Engineer as being equivalent construction.
	Public facilities for the parking of only recreation vehicles shall be improved with at least a compact rolled stone surface not less than six (6) inches thick.

Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light onto the parking surface and away from adjoining properties.

No signs shall be displayed on any parking facility except those necessary for the orderly use of the facility.

All off-street parking facilities and off-street loading areas shall conform with the Metropolitan St. Louis Sewer District's rules and regulations and engineering design requirements for sanitary sewage and stormwater drainage facilities.

Maintenance. All off-street parking facilities and off-street loading areas shall be kept free of trash and litter and paved surfaces shall be maintained in good condition. Off-street parking facilities designed for six (6) or more vehicles shall be kept free of ice and snow and shall have well maintained pavement markings designating the location of individual parking spaces as well as direction of travel on aisles and entrances/exits.

Repair work prohibited. No commercial repair work or service of any kind shall be conducted on any off-street parking facility or off-street loading area except emergency services necessary to render operable a motor vehicle that has become inoperable while on such facility or area.

[1]

Editor's Note — The Parking Table and Design Criteria and Handicapped Signing, Pavement Marking and Parking Stalls are included as attachments to this Chapter.

Section 410.120 Residential Districts.

[Ord. No. 70-25 §12, 3-18-1970; Ord. No. 97-62, 9-17-1997; Ord. No. 70-25, 3-18-1970; Ord. No. 74-113, 10-2-1974; Ord. No. 83-30, 6-1-1983; Ord. No. 89-74, 8-16-1989; Ord. No. 89-108, 12-6-1989; Ord. No. 90-57, 6-6-1990; Ord. No. 92-02, 2-5-1992; Ord. No. 00-07, 2-2-2000; Ord. No. 00-35, 4-19-2000; Ord. No. 01-08, 1-17-2001; Ord. No. 01-21, 4-18-2001; Ord. No. 04-16 §1, 3-3-2004; Ord. No. 06-03 §1, 2-1-2006]

Purpose. The residential districts set forth herein are established in order to protect public health and promote public safety, convenience, comfort, morals, prosperity and welfare. These general goals include, among others, the following specific purposes:

To protect residential areas against fire, explosion, noxious fumes, offensive noise, smoke, vibrations, dust, odors, heat, glare, and other objectionable factors.

To protect residential areas to the extent possible and appropriate in each area against unduly heavy motor vehicle traffic, especially through traffic, and to alleviate congestion by promoting off-street parking.

To protect residential areas against undue congestion of public streets and other public facilities by controlling the density of population through regulation of the bulk of buildings.

To protect and promote the public health and comfort by providing for ample light and air to buildings and the windows thereof.

To promote public comfort and welfare by providing for usable open space on the same lot with residential development.

To provide sufficient space in appropriate locations to meet the probable need for future residential expansion and to meet the needs for necessary and desirable services in the vicinity of residences, which increase safety and amenity for residents and which do not exert objectionable influences.

To promote the best use and development of residential land in accordance with the Comprehensive Land Use Plan, to promote stability of residential development and protect the character and desirable development, and to protect the value of land and improvements and so strengthen the economic base of the City.

The following tables represent the requirements and uses permitted in the residential districts.

[Ord. No. 15-29 §4, 11-4-2015; Ord. No. 20-18, 9-2-2020]

RESIDENTIAL USES	P -- Permitted
	PS -- Permitted w/special use permit
	NP -- Not permitted
	ZONING DISTRICT
USE	R1	R1A	R2	R3	R4	R4A	R5	R6
Accessory building, as defined herein, and as regulated by this Chapter	P	P	P	P	P	P	P	P
Accessory uses including park and open space facilities	NP	NP	NP	NP	NP	NP	NP	P
Adult boarding facility, residential care facility	PS	PS	PS	PS	PS	PS	PS	PS
Adult day care facility	PS	PS	PS	PS	PS	PS	PS	PS
Cemeteries, crematories or mausoleums	PS	PS	PS	PS	PS	PS	PS	PS
Child care, as defined in this Chapter	P	P	P	P	P	P	P	P
Children's home	NP	NP	NP	NP	NP	P	NP	NP
Churches	P	P	P	P	P	P	P	P
Convents, monasteries, rectories or parish houses to be occupied by not more than 15 persons	P	P	P	P	P	P	P	P
Day care center	NP	NP	NP	NP	NP	NP	PS	PS
Day care center, religious institution	P	P	P	P	P	P	P	P
Day care center, when operated on the same premises as a public or private educational institution	P	P	P	P	P	P	P	P
Day care, home	PS	PS	PS	PS	PS	PS	PS	PS
Golf courses, including customary accessory buildings, uses and activities	P	P	P	P	P	P	P	P
Group home, provided that it is not located within 1,250 feet of an existing group home, as set forth in Section 410.050(Q).	P	P	P	P	P	P	P	P
Heliports associated with hospitals	PS	PS	PS	PS	PS	PS	PS	PS
Home occupations as defined in this Chapter	P	P	P	P	P	P	P	P
Hospitals or sanitariums, public or private	PS	PS	PS	PS	PS	PS	PS	PS
Intermediate care facility, skilled nursing facility	NP	NP	NP	NP	NP	NP	PS	PS
Multi-family dwellings	NP	NP	NP	NP	NP	NP	NP	P
Municipal or privately-owned recreation building or community center, including Y.W.C.A. and Y.M.C.A.	PS	PS	PS	PS	PS	PS	PS	PS
Off-street public parking areas and garages, provided there is a need for this facility, and that no appropriate site is available in nearby business or manufacturing districts	PS	PS	PS	PS	PS	PS	PS	PS
Planned developments, subject to all provisions of this Chapter relating to Planned Developments	PS	PS	PS	PS	PS	PS	PS	PS
Public buildings, including art gallery, library, museum or similar structures	PS	PS	PS	PS	PS	PS	PS	PS
Public park or playground operated by a governmental jurisdiction	P	P	P	P	P	P	P	P
Public utility line poles or towers, for electricity or communication, when they exceed the height limitation of the district. The entire transmission line route may be treated as one application	PS	PS	PS	PS	PS	PS	PS	PS
Schools, elementary and high, and colleges, public or private, including nursery schools and other schools	PS	PS	PS	PS	PS	PS	PS	PS
Sewage treatment plants and sewage lagoons	PS	PS	PS	PS	PS	PS	PS	PS
Short-term rentals	NP	NP	NP	NP	NP	NP	NP	NP
Signs as regulated by the Sign Ordinance of the City (Ch. 515)	P	P	P	P	P	P	P	P
Single-family detached dwellings	P	P	P	P	P	P	P	P
Skilled nursing facility, provided that the facility contains no more than 240 beds and that the facility is located on a tract of land not less than 4.5 acres	NP	NP	NP	PS	NP	NP	PS	PS
Temporary buildings and uses for construction purposes for a period not to exceed one year	P	P	P	P	P	P	P	P
Truck gardening and other horticultural uses where no building is involved and when no sales of products is conducted	P	P	P	P	P	P	P	P
Two-family dwellings	NP	NP	NP	NP	NP	NP	NP	NP
Water storage tank	PS	PS	PS	PS	PS	PS	PS	PS

RESIDENTIAL REQUIREMENTS		ZONING DISTRICT
RESIDENTIAL REQUIREMENTS		R1	R1A	R2	R3	R4	R4A	R5	R6
Maximum height of structures (1)
	In feet	35	35	35	35	35	55	35	45
	In stories	2½	2½	2½	2½	2½	3	2½	3
Minimum lot area per dwelling unit (in acres or square feet)
	Single-family	1 ac.	1 ac.	20,000	9,000	7,200	7,200	7,200	7,200
	Two-family							9,000	9,000
	Per unit/multiple-family								2,500 (3)
Minimum single lot width (feet)		100	100	100	75	60	60	60	60
	Two-family							75	75
	Multi-family								None
Minimum front yard setback		50	50	40	30	30	30	30	30
Minimum single side yard setback		15	15	10	7	6	6	6	6
	Two-family							6	6
	Multi-family								10
Minimum rear yard setback		30	30	30	30	30	30	30	30
Minimum floor area of structures (2) (square feet)
	One story dwelling	900	900	900	820	820	820	720/ unit (3)	720/ unit
	Two or more stories dwelling	1200	1200	1200	1150	1150	1150	1150/ unit (3)	1150/ unit
Provisions									(4)

Footnotes To Residential Requirements:
(1)	The total height of any structure shall not exceed the stated amount of feet or stories above finished ground elevation, except as provided in Section 410.050(A).
(2)	Minimum floor area of structures, excluding cellars, basements, porches, garages, utility rooms and other areas not normally used for living, eating or sleeping purposes.
(3)	Ord. No. 92-02, 2-5-1992.
(4)	(A)	That any transfer or sale of property or buildings through subdivision, condominium, or transfer of the unsubdivided fee underlying the development shall contain provisions for the maintenance of common elements and facilities.
	(B)	That all roads and streets in the development shall be dedicated in accordance with the standards applicable to at least the minimum standards of construction of public streets of the City of Bridgeton with adequate provisions for bond or escrowed funds conditioned upon the completion of said streets.
	(C)	Provision for bond or escrow of funds conditioned upon the completion as planned of common element facilities.

Section 410.130 Business Districts.

[Ord. No. 70-25 §13, 3-18-1970; Ord. No. 80-38, 6-18-1980; Ord. No. 82-45, 10-6-1982; Ord. No. 82-61, 11-17-1982; Ord. No. 83-30, 6-1-1983; Ord. No. 83-50, 7-20-1983; Ord. No. 84-62, 9-19-1984; Ord. No. 84-72, 10-17-1984; Ord. No. 85-45, 6-19-1985; Ord. No. 87-28, 4-1-1987; Ord. No. 87-109, 11-18-1987; Ord. No. 88-34, 6-1-1988; Ord. No. 89-25, 3-29-1989; Ord. No. 89-29, 4-5-1989; Ord. No. 89-66, 7-19-1989; Ord. No. 90-83, 9-5-1990; Ord. No. 96-16, 2-21-1996; Ord. No. 96-34, 5-1-1996; Ord. No. 97-62, 9-17-1997; Ord. No. 99-44, 6-2-1999; Ord. No. 99-75, 9-15-1999; Ord. No. 01-03, 1-3-2001; Ord. No. 01-15, 3-21-2001; Ord. No. 02-21, 4-03-2002; Ord. No. 02-28 §1, 5-15-2002; Ord. No. 03-41 §1, 9-3-2003; Ord. No. 04-51 §1, 10-20-2004; Ord. No. 06-03 §1, 2-1-2006; Ord. No. 06-09 §1, 3-1-2006; Ord. No. 07-65 §1, 11-7-2007; Ord. No. 07-69 §1, 11-19-2007; Ord. No. 08-46 §1, 9-3-2008; Ord. No. 08-58 §1, 10-15-2008; Ord. No. 09-65 §§4 — 5, 11-4-2009; Ord. No. 09-79 §1, 12-16-2009; Ord. No. 10-08 §1, 3-3-2010; Ord. No. 10-53 §1, 10-6-2010; Ord. No. 12-05 §1, 2-1-2012; Ord. No. 12-40 §§3 — 4, 6-20-2012; Ord. No. 12-41 §§3 — 4, 6-20-2012; Ord. No. 12-44 §4, 7-18-2012; Ord. No. 12-52 §4, 8-15-2012; Ord. No. 12-37 §1, 6-6-2012]

Purpose. The business districts set forth herein are established to protect public health, to promote the public safety, comfort, convenience and general welfare, to protect the economic and tax base of the City, to preserve and enhance the values of property owners and users, to promote the orderly and harmonious development and redevelopment of the City, to preserve and promote the character and stability of the City and its various residential and commercial neighborhoods, and to improve the appearance of the City, and promote the best use and development of commercial land in accordance with the Comprehensive Land Use Plan. These general objectives are achieved by providing four (4) classes of business districts, the purpose of each of which is as follows:

"B-1" Local Business. To permit uses which provide principally goods and services for the convenience of persons residing in the immediate residential area.

"B-2" Community Business. To permit uses which provide principally goods and services for consumption by the non-commercial public.

"B-3" Travel/Entertainment Services. To permit uses which provide a substantial share of their goods and services for the traveling public or have as one (1) of their principal purposes the provision of entertainment for the general public.

"B-4" General Commercial. To permit all other business uses not considered incompatible with the general purposes stated above.

The following table represents the requirements of the business and manufacturing districts.

REQUIREMENTS		ZONING DISTRICT
REQUIREMENTS		B-1	B-2	B-3	B-4	M-1	M-2
Maximum Height of Structures (1)
	In feet	30	45	90	45	45 (6)	100 (10)
	In stories	2	3	6	3	3 (6)	8 (10)
Minimum lot area (square feet)		6,000	6,000	9,000	9,000	none	none
Minimum front yard setback in feet		15 (2)	15	15	15	—	50
	Buildings and structures					50 (7)
	Parking spaces and aisles					20 (7)
Minimum side yard setback in feet		5	none (3)	5	5	15 (8)	15 (8)
Minimum rear yard setback in feet		20	none (4)	10 (5)	10	none (9)	none (9)

(1)	Either feet or stories above finished ground elevation, whichever is lower, except as provided in Section 410.050.
(2)	Except when adjoining lots are in an "R" District, then not less than that required in such "R" District.
(3)	Except that if provided not less than five (5) feet, and when adjoining an "R" District not less than five (5) feet.
(4)	Except that if provided not less than five (5) feet, and when adjoining an "R" District not less than twenty (20) feet.
(5)	When adjoining an "R" District, not less than twenty (20) feet.
(6)	Above finished ground elevation, except as provided in Section 410.050.
(7)	Ord. No. 80-38 — 6-18-80.
(8)	When adjoining an "R" District, not less than twenty-five (25) feet.
(9)	When adjoining an "R" District, not less than thirty (30) feet.
(10)	The total height of any structures, other than those authorized by special use permit, shall not exceed (requirements) above finished ground elevation except as provided in Section 410.050.

"B-1" Local Business District.

Permitted land uses. No building, structure or land shall be erected, altered, enlarged or used in a "B-1" Local Business District for other than one (1) of the following uses except as provided in Sections 410.070 and 410.130(B)(2). All permitted uses shall be conducted wholly within an enclosed building except public parks and except that accessory off-street parking and loading spaces may be within open areas meeting applicable provisions of Section 410.110.

Bakery not exceeding five thousand (5,000) square feet of gross floor area.

Barber shop; beauty parlor.

Business and/or professional office not exceeding three thousand (3,000) square feet of gross floor area, including governmental office.

Butcher shop or meat market.

Candy shop.

Dairy products store.

Day care center.

Delicatessen.

Drug store not exceeding five thousand (5,000) square feet of gross floor area.

Dry cleaning and/or laundry pickup and/or self-service store.

Florist but not including greenhouses.

Fruit market.

Grocery store or supermarket not exceeding five thousand (5,000) square feet of gross floor area.

Hardware store not exceeding five thousand (5,000) square feet of gross floor area.

Health food store.

Library.

Locksmith.

Magazine and newsstand.

Public park operated by a governmental jurisdiction.

School — dancing, music, nursery.

Seafood store.

Shoe repair shop.

Tobacco shop.

Variety store not exceeding five thousand (5,000) square feet of gross floor area.

A dwelling unit above a first (1st) floor business use, provided such unit is occupied solely by the owner or operator of such business and his or her family.

Accessory uses and/or buildings as defined in Section 410.030(B).

aa.

Churches.

ab.

Restaurant, not including fast-food restaurant; soda fountain; tea room; tavern or saloon not exceeding three thousand (3,000) square feet.

[Ord. No. 23-42, 10-4-2023]

ac.

Medical Marijuana Dispensary Facility.

[Ord. No. 19-12, 8-7-2019]

Permitted land uses with special use permit. The following uses shall be permitted in a "B-1" Local Business District only upon the granting of a special use permit as provided in Section 410.080. All such uses shall be conducted wholly within an enclosed building except for the sale of motor vehicle fuel, lubricants and other fluids at automobile service stations, and utility facilities, and except that accessory off-street parking and loading spaces may be within open areas meeting applicable provisions of Section 410.110.

Automobile service station, provided that:

(1)

Not more than two (2) such stations are located at any four-way intersection nor more than one (1) at any intersection which is less than four-way;

(2)

No entrance or exit for vehicles shall be located within two hundred (200) feet along the same side of a street of any school, public playground, church, hospital, public library or institutional facility for dependents or for children, except where such property is in another block or on another street which the lot in question does not abut;

(3)

No pump islands and associated service aprons or drives are located within ten (10) feet of any street lot line or within twenty (20) feet of any "R" District; and

(4)

The entire service station complex is visually screened from adjacent property in any "R" District.

Community center or youth center operated by a public agency.

Funeral home or mortuary.

Radio and/or television transmitting tower.

(Reserved)

Utility facility, including poles and lines exceeding the maximum height limit.

Variety store — where twenty-five percent (25%) of the gross revenue is gained in the manufacturing, sales or rental of videos.

Thrift/consignment store.

[Ord. No. 15-19 §5, 6-17-2015]

Medical or dental clinic.

[Ord. No. 15-19 §5, 6-17-2015]

Comprehensive marijuana dispensary facility.

[Ord. No. 23-21, 5-17-2023]

"B-2" Community Business District.

Permitted land uses. No building, structure or land shall be erected, altered, enlarged or used in a "B-2" Community Business District for other than one (1) of the following uses except as provided in Sections 410.070 and 410.130(C)(2). All permitted uses shall be conducted wholly within an enclosed building except public parks and except that accessory off-street parking and loading spaces may be within open areas meeting applicable provisions of Section 410.110.

All permitted land uses permitted in the "B-1" District (Section 410.130(B)(1)) except dwelling units. Those uses requiring special use permits shall require these permits in the "B-2" Community Business District, unless they are listed as a permitted use.

Antique shop; art gallery and/or studio; coin and/or philatelic shop; hobby shop; picture framing shop.

Apparel store; costume or formal wear rental; custom dress shop; furrier; haberdashery; shoe store; tailor shop.

Appliance sales and service; radio, stereo system and/or television sales and service but not including automobile installations or service; sewing machine sales and service.

Automobile accessory store but not including repair, service or installation work.

Financial institution.

Book store; gift shop; notions or sundries store; school supply store; stationery store.

Business machine sales and repair; computer sales and repair; typewriter sales and repair.

Business and/or professional office, including governmental office.

Camera store; photographic studio; photographic supply store.

Department store; discount store; dry goods store; variety store.

Drug store.

Funeral home or mortuary.

Furniture store; interior decorating, including upholstery and the making of draperies, slipcovers and similar articles when incidental to a retail operation.

Grocery store or supermarket; frozen food store and/or locker.

Hardware store; garden supply store but not including greenhouses; paint store; wallpaper store.

Jewelry store; clock repair; watch repair.

Leather goods store; luggage store.

Medical and dental supply and equipment store but not including rental.

(Reserved)[1]

[1]

Editor’s Note: Former Subsection (D)(1)(t), regarding medical clinic; optician; optometrist, was repealed 6-17-2015 by §6 of Ord. No. 15-19.

Musical instrument sales and repair store but not including rental.

Pet shop but not including animal hospital or kennel.

Postal facility; telegraph office; utility collection office.

Public park operated by a governmental jurisdiction.

Sporting goods store; bicycle sales and repair shop.

Toy store.

aa.

Travel agency; transportation ticket office.

ab.

Accessory uses and/or buildings as defined in Section 410.030(B).

ac.

Printing establishment not exceeding two thousand (2,000) square feet of gross floor area.

ad.

Technical support services store including copying, binding, laminating, mounting, blueprinting, desktop publishing, retail art and graphic design, facsimile services, word processing, typing services, video teleconferencing, on-site computer rentals and internet access.

ae.

Limousine service. No more than two (2) limousines with eight (8) passengers per vehicle.

af.

Food catering establishment.

ag.

Restaurant; fast-food restaurant; soda fountain; tea room; tavern or saloon; not including dance hall or discotheque.

[Ord. No. 23-12, 2-15-2023]

Permitted land uses with special use permit. The following uses shall be permitted in a "B-2" Community Business District only upon the granting of a special use permit as provided in Section 410.080 and may be conducted within an enclosed building and/or within open areas.

Animal hospital or kennel; veterinary clinic; provided such activities are conducted wholly within an enclosed building.

Auditorium; community center; stadium; youth center.

Automobile service stations provided that:

(1)

Not more than two (2) such stations are located at any four-way intersection nor more than one (1) at any intersection which is less than four-way;

(2)

(3)

No pump islands and associated service aprons or drives are located within ten (10) feet of any street lot line or within twenty (20) feet of any "R" District; and

(4)

The entire service station complex is visually screened from adjacent property in any "R" District.

Automobile repair, major and minor, provided that the activity is conducted wholly within an enclosed building.

Billiard parlor; bowling alley; electronic game room.

Car wash, provided that the use is visually screened from adjacent property in any "R" District.

Cemetery.

Hospital; residential care facility; intermediate care facility; skilled nursing facility.

Liquor store, packaged goods only.

Outdoor display and/or sale of merchandise.

Physical culture establishment but not including a massage parlor.

Radio and/or television transmitting tower.

Rental service establishment; any type except costume or formal wear but not including motor vehicles.

(Reserved)

Schools — business, trade.

Trailer park; mobile home park.

Utility facility, including poles and lines exceeding maximum height limit.

(Reserved)

Consumer recycling collection center, provided that:

(1)

The hours of operation shall be limited to 7:00 A.M. to 9:00 P.M.

(2)

One (1) or more full-time attendants shall be present at all times when the facility is open for business;

(3)

All materials shall be placed in the proper bin or container immediately upon receipt and all litter or spillage shall be picked up promptly;

(4)

A paved area shall be provided where vehicles can park while business is transacted, and access to the facility shall be arranged in such manner as to not interfere with the operation of adjacent businesses nor with access to adjacent off-street parking facilities;

(5)

The facility shall not be located in front of street side(s) of the principal buildings on the premises nor closer than fifty (50) feet to any property used or zoned for residential purposes;

(6)

The use of any public address or sound system shall be prohibited;

(7)

Lighting shall be designed so as to reflect the light away from adjoining premises;

(8)

Not more than one (1) identification sign not exceeding thirty-two (32) square feet in area plus traffic directional signs not exceeding three (3) square feet each shall be permitted, nor shall any flags or banner type signs be permitted;

(9)

Evidence shall be provided that the facility meets all applicable regulations of the Missouri Department of Natural Resources, the St. Louis County Health Department, and the fire protection district serving the area;

(10)

Collected waste materials shall be held in such manner as to prevent leakage, spillage or littering, and materials shall be removed from the site frequently enough to prevent the exceeding of the on-site storage capacity;

(11)

No materials classified as hazardous wastes shall be collected or stored on the site;

(12)

No materials other than glass, cans, bottles or paper shall be collected or stored;

(13)

Mechanical auxiliary equipment or sorting devices shall be prohibited; and

(14)

Provided that the special use permit shall not exceed a period of two (2) years.

Commercial recreation facilities, provided that:

(1)

There be a minimum lot area of three (3) acres;

(2)

The minimum setback from any property in an "R" District on the side or rear be thirty-five (35) feet, and that this setback be developed as a screen with appropriate berming, landscaping and/or fencing as approved by the Design and Review Board;

(3)

No public address system will be allowed;

(4)

That the maximum height of light standard be thirty (30) feet;

(5)

That only those off-season activities be permitted that are specifically named in the special use permit;

(6)

Commercial recreational facilities included in the permitted land uses are health clubs, physical fitness centers, miniature golf courses, and batting cages; and

(7)

One and one-half (1½) off-street parking spaces for each golf hole, plus one (1) off-street parking space for each batting cage, plus one (1) off-street space for each two (2) employees are required.

Automobile detailing.

Variety store where twenty-five percent (25%) of the gross revenue is gained in the manufacturing, sales or rental of videos .

Air conditioning and heating sales and repair establishment (all service, storage of equipment and materials be enclosed wholly within a building; no tractor trailer parking other than for delivery to the business).

Administrative business office for contractor, limited to administrative personnel and field employees; not including on-site parking or storage.

Indoor gun club and shooting range, provided that no noise from the operation of the gun club or range shall be perceptible beyond the property line of the subject property.

Adult day care center.

aa.

Alternative financial service establishments.

bb.

(Reserved)[2]

[2]

Editor's Note: Former Subsection (D)(2)(bb), regarding tobacco accessory shop, was repealed 2-15-2023 by Ord. No. 23-12.

cc.

Trailers utilized for short-term storage of materials or merchandise, provided that such trailers:

[Ord. No. 14-25 §2, 9-3-2014 § 2]

(1)

Shall be placed as close to the building as possible; all trailers shall be located in the rear of the building, unless the applicant can demonstrate that the trailers will not fit in the rear of the lot. In all cases, trailers shall be located and/or screened in a manner that minimizes their visibility from all public rights-of-way.

(2)

Shall not encroach on drive aisles or required parking spaces except as authorized in the special use permit.

(3)

Shall not block access to utilities or public services (e.g., manholes, meters, fire hydrants, fire lanes, etc.).

(4)

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

(5)

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

(6)

Shall be maintained as follows:

(a)

Trailer exteriors shall be clean and painted;

(b)

Trailer exteriors shall be free of rust and corrosion;

(c)

When trailers exhibit more than normal wear and tear, they shall be removed from the property.

(7)

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

(8)

Shall be prohibited from storing perishable goods.

(9)

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

(10)

Shall be limited in number as authorized in the special use permit.

(11)

Shall be limited in duration as authorized in the special use permit and shall be removed from the property within twenty-four (24) hours of the permit expiration date.

(12)

Shall comply with any other condition associated with special use permit approval.

(13)

Notwithstanding anything to the contrary in Section 410.240 of the Bridgeton Code, failure to satisfy any of the conditions of the special use permit shall be considered a separate misdemeanor offense for each trailer where such offense has occurred and is punishable by a fine of two hundred fifty dollars ($250.00) per offense without further warnings or notices being issued. Each day that the offense(s) shall continue shall be considered a separate violation. For purposes of clarification, each trailer on a property which is in violation of this Section shall be a separate violation, and each day that such trailer remains in violation of this Section shall be a separate violation, such that the fine of two hundred fifty dollars ($250.00) shall apply per trailer per day.

dd.

Thrift/consignment store.

[Ord. No. 15-19 §7, 6-17-2015]

ee.

Medical or dental clinic.

[Ord. No. 15-19 §7, 6-17-2015]

ff.

Banquet hall, reception hall, or other similar event space.

[Ord. No. 23-12, 2-15-2023]

gg.

Motorized off-road vehicle sales establishment, including but not limited to the sale of four-wheelers, side-by-sides, ATVs, dirt bikes, go-carts and other similar motorized vehicles often referred to as "powersport" vehicles intended for off-road use, provided that:

[Ord. No. 23-18, 4-19-2023]

(1)

Any accessory service or repair to such vehicles shall only be permitted upon approval of a special use permit and that any such activity is conducted wholly within an enclosed building.

(2)

Such establishment shall not be considered a motor vehicle sales establishment nor include the sale of passenger vehicles, commercial trucks, or other similar vehicles.

"B-3" Travel/Entertainment Services District.

Permitted land uses. No building, structure or land shall be erected, altered, enlarged or used in a "B-3" Travel/Entertainment Services District for other than one (1) of the following uses except as provided in Sections 410.070 and 410.130(D)(2). All permitted uses shall be conducted wholly within an enclosed building except public parks and except that accessory off-street parking and loading spaces may be within open areas meeting applicable provisions of Section 410.110.

Art gallery and/or studio; library; museum.

Financial institution.

Barber shop; beauty parlor.

Business and/or professional office, including governmental office.

Drug store.

Dry cleaning and/or laundry pickup and/or self-service store.

Florist, but not including greenhouses.

Fraternal organization; lodge hall.

Gift shop.

Lodging establishment, including accessory dining rooms, lounges, meeting rooms and retail shops, provided that:

[Ord. No. 13-38 §§3 and 5, 9-4-2013]

(1)

There shall be a minimum lot area of two (2) acres;

(2)

The maximum area developed with buildings, off-street parking and loading areas and recreational facilities shall not exceed sixty percent (60%) of the lot area; and

(3)

There shall be a minimum of fifty (50) foot green space adjacent on interior lot lines to property in any "R" District or occupied by dwelling units or mobile home parks which green space shall be bermed and landscaped so as to afford a visual screen between the lodging establishment development and the lot line.

Magazine and newsstand.

Physical culture establishment, but not including massage parlor.

Postal facility; telegraph office.

Public park operated by a governmental jurisdiction.

Theater, indoor only.

Travel agency; transportation ticket office.

Accessory uses and/or buildings as defined in Section 410.030(B).

Luggage and leather goods, sales and repair.

Churches.

Restaurant, fast-food restaurant; soda fountain; tea room.

[Ord. No. 23-12, 2-15-2023]

Medical Marijuana Dispensary Facility.

[Ord. No. 19-12, 8-7-2019; Ord. No. 23-12, 2-15-2023]

Apparel store; costume or formal wear rental; custom dress shop; shoe store; tailor shop.

[Ord. No. 23-12, 2-15-2023]

Appliance sales and service.

[Ord. No. 23-12, 2-15-2023]

Automobile accessory store but not including repair, service, or installation work.

[Ord. No. 23-12, 2-15-2023]

Department store.

[Ord. No. 23-12, 2-15-2023]

Furniture store.

[Ord. No. 23-12, 2-15-2023]

aa.

Grocery store or supermarket.

[Ord. No. 23-12, 2-15-2023]

bb.

Hardware store; garden supply store but not including greenhouses.

[Ord. No. 23-12, 2-15-2023]

cc.

Jewelry store; clock repair; watch repair.

[Ord. No. 23-12, 2-15-2023]

dd.

Musical instrument sales and repair store but not including rental.

[Ord. No. 23-12, 2-15-2023]

ee.

Pet shop but not including animal hospital or kennel.

[Ord. No. 23-12, 2-15-2023]

ff.

Sporting goods store; bicycle sales and repair shop.

[Ord. No. 23-12, 2-15-2023]

gg.

Toy store.

[Ord. No. 23-12, 2-15-2023]

hh.

Food catering establishment.

[Ord. No. 23-12, 2-15-2023]

Permitted land uses with special use permit. The following uses shall be permitted in a "B-3" Travel/Entertainment Services District only upon the granting of a special use permit as provided in Section 410.080 and may be conducted within an enclosed building and/or within open spaces.

Auditorium.

Automobile parking.

Automobile repair, major and minor, provided that the activity is conducted wholly within an enclosed building.

Automobile service station (including accessory convenience store not exceeding five thousand (5,000) square feet in floor area), provided that:

(1)

No pump islands and associated service aprons or drives are located within ten (10) feet of any street lot line or within twenty (20) feet of any "R" District; and

(2)

The entire service station complex is visually screened from adjacent property in any "R" District.

Billiard parlor; bowling alley; electronic game room.

Boat sales and repair establishment; provided that repair services are conducted wholly within an enclosed building and further provided that any outdoor sales areas are visually screened from adjacent property in any "R" District.

Bus terminal, intercity.

Car wash, provided that the use is visually screened from adjacent property in any "R" District.

Cemetery.

Hospital; residential care facility; intermediate care facility; skilled nursing facility.

Motor vehicle sales establishment (new and/or used), including accessory major and minor automobile repair services; provided that the parcel or contiguous parcels on which the establishment is located is at least two and three-quarters (2¾) acres in area; that such repair services are conducted wholly within an enclosed building, and that any outdoor sales are visually screened from adjacent property in any "R" District.

Nightclub; tavern or saloon; dance hall; discotheque.

Outdoor display and/or sales of merchandise.

Radio and/or television transmitting tower.

Rental service establishment — any type except costume or formal ware, but not including motor vehicles except where incidental to a motor vehicle sales establishment or a lodging establishment.

[Ord. No. 13-38 §4, 9-4-2013]

(Reserved)

Trailer park; mobile park.

Trailer or mobile home sales and repair establishment; camper sales and repair establishment; provided that repair services are conducted wholly within an enclosed building, and provided that any outdoor sales areas are visually screened from adjacent property in any "R" District.

Utility facility, including poles and lines exceeding maximum height limit.

(Reserved)

Automobile detailing.

Variety store where twenty-five percent (25%) of the gross revenue is gained in the manufacturing, sales or rental of videos.

Day care centers; adult day care centers.

Limousine service.

Lodging establishment on-site manager's permanent living quarters.

[Ord. No. 13-38 §6, 9-4-2013]

Alternative financial service establishments.

aa.

(Reserved)[3]

[3]

Editor's Note: Former Subsection (E)(2)(aa), regarding tobacco accessory shop, was repealed 2-15-2023 by Ord. No. 23-12.

bb.

Extended stay lodging establishment, including accessory dining rooms, lounges, meeting rooms and retail shops, provided that:

[Ord. No. 13-38 §7, 9-4-2013]

(1)

There shall be a minimum lot area of two (2) acres;

(2)

The maximum area developed with buildings, off-street parking and loading areas and recreational facilities shall not exceed sixty percent (60%) of the lot area; and

(3)

There shall be a minimum of fifty (50) feet of green space adjacent on interior lot lines to property in any "R" District or occupied by dwelling units or mobile home parks, which green space shall be bermed and landscaped so as to afford a visual screen between the hotel/motel development and the lot line.

cc.

Day habilitation services for individuals with developmental disabilities, including related therapy and training programs provided by specially trained staff as needed; and activities ancillary to such services.

[Ord. No. 18-15, 7-5-2018]

dd.

Banquet hall, reception hall, or other similar event space.

[Ord. No. 23-12, 2-15-2023]

ee.

Comprehensive marijuana dispensary facility.

[Ord. No. 23-21, 5-17-2023]

"B-4" General Commercial District.

Permitted land uses. No building, structure or land shall be erected, altered, enlarged or used in a "B-4" General Commercial District for other than one (1) of the following uses except as provided in Sections 410.070 and 410.130(F)(2).

Agricultural implement sales and repair establishment; provided that all repair services are conducted wholly within an enclosed building.

Air conditioning and heating sales and repair establishment; plumbing supply and repair establishment.

Building material sales when wholly conducted within an enclosed building; glass cutting and glazing establishment; roofing and sheet metal shop.

Business machine sales and repair; computer sales and repair; typewriter sales and repair.

Business and/or professional office, including governmental office.

Creamery or dairy plant.

Dry cleaning plant; laundry plant.

Feed and seed store.

Food catering establishment.

Greenhouse; wholesale and retail florist.

Laboratory — medical, dental, research, experimental, testing, photographic but not including the production or manufacture of products.

Photographic development plant.

Printing establishment; blueprinting and photostating establishment; job printer; printing, publishing and/or distribution of books, magazines and/or newspapers; book bindery.

Public park or playground operated by a governmental jurisdiction.

Radio and/or television broadcasting studio.

Silver plating and repair shop.

School — business, trade.

Wholesale business, provided that the business activity is conducted on the premises and the building is not used only for storage and/or warehousing.

Processing or assembling limited to the following, provided that space occupied in a building does not exceed six thousand (6,000) square feet of total floor area including basement space, but not including stairwells or elevator shafts; and provided such processing or assembly can be conducted without noise, vibration, odor, dust or any other condition which might be disturbing to occupants of adjacent buildings.

When manufacturing operations of the same or similar products demand space exceeding six thousand (6,000) square feet, they shall then be located in an "M" District.

(1)

Advertising displays.

(2)

Awnings, venetian blinds and window shades.

(3)

Bakeries.

(4)

Brushes and brooms.

(5)

Cosmetics, drugs and perfumes.

(6)

Electrical equipment and appliances.

(7)

Food processing, packaging and distribution.

(8)

Ice cream.

(9)

Jewelry.

(10)

Medical and dental supplies.

(11)

Optical goods and equipment.

(12)

Pattern making.

(13)

Scientific and precision instruments.

(14)

Products from finished materials such as plastic, bond, cloth, cork, feathers, felt, fibre, paper, fur, glass, hair, horn, leather, precious or semi-precious stones, rubber, shell or yarn.

Accessory uses and/or buildings as defined in Section 410.030(B).

Churches.

Restaurant, not including fast-food restaurant.

Medical marijuana dispensary facility.

[Ord. No. 19-12, 8-7-2019]

Marijuana testing facility.

[Ord. No. 19-12, 8-7-2019; Ord. No. 23-21, 5-17-2023]

Permitted land uses with special use permit. The following uses shall be permitted in a "B-4" General Commercial District only upon the granting of a special use permit as provided in Section 410.080.

Animal hospital or kennel; veterinary clinic.

Automobile repair, major and minor; provided that the activity is conducted wholly within an enclosed building.

Automobile service station (including accessory convenience store not exceeding one thousand (1,000) square feet in floor area), provided that:

(1)

No pump islands and associated service aprons or drives are located within ten (10) feet of any street lot line; and

(2)

Not more than two (2) such stations are located at any four-way intersection nor more than one (1) at any intersection which is less than four-way.

Boat sales and repair establishment; provided that repair services are conducted wholly within an enclosed building.

Recreational vehicle parking (including boats, trailers and motor homes); motor vehicle parking.

Car wash.

Cemetery.

Community center; stadium; youth center.

Contractor's office and shop; provided no fabricating is done on the premises and further provided all storage is wholly within an enclosed building.

Exterminating establishment.

Hospital.

Motor vehicle sales establishment (new and/or used), including accessory major and minor automobile repair services; provided that repair services are conducted wholly within an enclosed building, and that the parcel or contiguous parcels on which the establishment is located is at least two and three-quarters (2¾) acres in area; that any outdoor sales are visually screened from adjacent property in any "R" District.

Public auction room; rummage shop.

Radio and/or television transmitting tower.

Rental service establishment — any type except costume or formal ware, but not including motor vehicles except where incidental to a motor vehicle sales establishment.

(Reserved)

Taxidermist.

Trailer or mobile homes sales and repair establishment; camper sales and repair establishment; provided that repair services are conducted wholly within an enclosed building.

Utility facility, except poles and lines not exceeding maximum height limit as well as underground lines.

Automobile detailing.

Variety store where twenty-five percent (25%) of the gross revenue is gained in the manufacturing, sales or rental of videos.

Outdoor display and/or sale of merchandise.

Tattoo/piercing/body modification establishments.

Adult or sexually-oriented establishments.

Medical Marijuana Cultivation Facility.

[Ord. No. 19-12, 8-7-2019]

Medical Marijuana-Infused Products Manufacturing Facility.

[Ord. No. 19-12, 8-7-2019]

aa.

Medical or dental clinic.

[Ord. No. 23-12, 2-15-2023]

bb.

Tobacco accessory shop.

[Ord. No. 23-12, 2-15-2023]

cc.

Comprehensive marijuana dispensary facility.

[Ord. No. 23-21, 5-17-2023]

dd.

Comprehensive marijuana cultivation facility.

[Ord. No. 23-21, 5-17-2023]

ee.

Comprehensive marijuana-infused products manufacturing facility.

[Ord. No. 23-21, 5-17-2023]

Section 410.140 Manufacturing Districts.

[Ord. No. 70-25 §14, 3-18-1970; Ord. No. 80-38, 6-18-1980; Ord. No. 83-30, 6-1-1983; Ord. No. 89-102, 12-15-1989; Ord. No. 92-02, 2-5-1992; Ord. No. 97-62, 9-17-1997; Ord. No. 01-09, 1-17-2001; Ord. No. 03-05 §1, 2-5-2003; Ord. No. 03-06 §1, 2-5-2003; Ord. No. 03-30 §1, 7-16-2003; Ord. No. 03-31 §1, 7-16-2003; Ord. No. 04-51 §1, 10-20-2004; Ord. No. 05-27 §1, 5-18-2005; Ord. No. 06-03 §1, 2-1-2006; Ord. No. 11-39 §2, 8-3-2011; Ord. No. 11-44 §3, 9-7-2011; Ord. No. 12-27 §1, 4-18-2012; Ord. No. 12-40 §5, 6-20-2012; Ord. No. 12-44 §5, 7-18-2012; Ord. No. 12-52 §5, 8-15-2012]

Purpose. The manufacturing districts set forth herein are established to protect public health, safety, comfort, convenience and the general welfare and to protect the economic base of the City as well as the value of real estate by regulating manufacturing development in appropriate locations. These general objectives include, among others, the following specific objectives:

To protect established residential areas and the health of families living therein by restricting those nearby manufacturing activities which may create offensive noise, vibration, smoke, dust, odors, heat, glare, fire hazards, and other objectionable influences to those areas which are appropriate therefor.

To provide adequate space in appropriate locations for most types of manufacturing and related activities so that the economic structure of the community may be strengthened, and that employment opportunities may be found in the interest of public prosperity and welfare.

To provide more space for manufacturing activities in locations accessible to rail and highways, so that the movement of raw materials, finished products and employees can be carried on efficiently and with a minimum of danger to public life and property.

To establish proper standards of performance, which will restrict obnoxious manufacturing activities, while at the same time encourage and permit the manufacturing activities which have adopted facilities for the processing of finished products without adversely affecting the health, happiness, safety, convenience and welfare of the people living and working in nearby areas.

To protect manufacturing districts from incompatible uses of land by prohibiting the use of such space for new residential development, thereby preserving the land for more appropriate use in accordance with the plans for City improvement and development.

To promote the most desirable use of land in accordance with the Comprehensive Plan of land use for all of the City to conserve the use of property, to promote stability of manufacturing activities and related development, and to protect the character of established development in each area of the community, to enhance and stabilize the value of land and to protect the tax base of the City.

"M-1" Manufacturing District, Limited.

Permitted land uses. Since most uses permitted in this district will be in close proximity to residential districts, it is hereby declared that performance standards shall be high, and that all manufacturing, processing or assembly of materials and products must be carried on in a manner not injurious or offensive to the occupants of adjacent premises by reason of the emission of odors, fumes or gases, dust, smoke, noise, vibrations or fire hazards. Therefore, the following uses may be permitted provided there is compliance with the performance standards established herein.

Any use permitted in a "B-4" District. Permitted uses with a special use permit in the "B-4" District will require special use permits in this district, unless listed as a permitted use.

Artificial limb manufacture.

Automobile painting, paintless dent removal, upholstering, repairing, reconditioning, automobile detailing and body and fender repairing when done within the confines of a structure or outside of a structure if within a fenced area immediately adjacent to a structure provided that any such outside use:

(1)

Be solely for training purposes during normal business hours;

(2)

Not include any sanding, grinding, polishing, painting, use of chemicals or emitting odors, fumes or gases, dust, smoke or loud vibrations or noises; and

(3)

Be visually screened from adjacent property in any "R" district.

Apparel and other products manufactured from textiles.

Batteries, manufacture and rebuilding.

Bedspring and mattress manufacture.

Belting.

Bicycle manufacture.

Brooms and brushes.

Boat building and repair.

Building equipment, building materials, lumber, coal, sand and gravel yards, and yards for contracting equipment, maintenance or operating equipment of public agencies or public utilities, or materials or equipment of similar nature.

Ground transportation, which includes small buses, vans, cars and/or limousine service; bus line shops and garages.

Canning and preserving.

Canvas and canvas products.

Carpet and rug cleaning.

Carpet manufacturing.

Carting, express hauling or storage yards.

Cement block manufacture.

Ceramic products, pottery and glazed tile.

Chick hatcheries.

Cleaning and dyeing establishments when employing facilities for handling more than one thousand (1,000) pounds of dry goods per day.

Cigarettes and cigars.

Coated fabrics, except rubberized.

Cork and cork products.

Creameries and dairies.

Drapery and bedding manufacture.

aa.

Drugs and pharmaceutical products.

ab.

Electric motors and generators.

ac.

Engraving.

ad.

Felt manufacture.

ae.

Fur goods, not including tanning or dyeing.

af.

Glass products, from previously manufactured glass.

ag.

Heating appliances and sheet metal products, including stoves and ranges.

ah.

Hosiery manufacture.

ai.

Ice cream and ice manufacture.

aj.

Laundries, more than one thousand (1,000) pounds daily capacity.

ak.

Machine shops and metal products manufacture, when not equipped with heavy (exceeding fifty (50) ton pressure) punch presses, drop forges, riveting and grinding machines or any other equipment which may create noise, vibration, smoke, odors, heat, glare or fire hazards, exceeding the performance standards made a part of this Section.

al.

Metal polishing and plating.

am.

Musical instruments.

an.

Pianos and organs.

ao.

Perfumes and cosmetics.

ap.

Plastic products, but not including the processing of the raw materials.

aq.

Public utility electric substations and distribution centers, gas regulation centers and underground gas holder stations.

ar.

Rubber products (small) such as washers, gloves, footwear and bathing caps, but excluding rubber and synthetic rubber processing.

as.

Shoes and boots.

at.

Storage of household goods.

au.

Storage and sale of trailers, farm implements and other similar equipment on an open lot.

av.

Sporting and athletic equipment.

aw.

(Reserved)

ax.

Stone, marble and granite grinding and cutting.

ay.

Textiles — spinning, weaving, dyeing and printing.

az.

Tools and hardware, such as hand tools, bolts, nuts, screws, cutlery, house hardware, locks and plumbing appliances.

ba.

Tool and die shops.

bb.

Truck, tractor, trailer or bus storage yard, but not including a truck terminal which shall be treated as a special use permit under the special use provisions of this Chapter.

bc.

Toys and children's vehicles.

bd.

Warehouses.

be.

Wire brush manufacture.

bf.

Any other manufacturing establishment that can be operated in compliance with the requirements of this Section without creating objectionable noise, odor, dust, smoke, gas, fumes or vapor, and that is a use compatible with the use and occupancy of adjoining properties.

bg.

Restaurant, fast-food restaurant.

bh.

Tumbling, dance school.

bi.

Mobile food vendors; provided that:

(1)

No mobile food vendor shall operate within two hundred fifty (250) feet of a single-family or multi-family residentially-zoned parcel. In this context, single-family and multi-family uses shall not include a residence that is part of a business or mixed-use structure.

(2)

Mobile food vendors shall be prohibited on properties with any commercial business which, by design, type of operation, or nature of business, has as one (1) of its functions the provision of services to a number of motor vehicles or its occupants in a short time span, or the provision of services to the occupants of motor vehicles while such occupants remain in a vehicle. Businesses included in this category shall have one (1) or more of the following facilities: one (1) or more pump islands for the retail sale of gasoline, one (1) or more drive-thru lanes/service windows for distribution of products or the occurrence of other transactions, or an automated car wash facility.

(3)

Mobile food vendors shall not reduce (by blocking or occupying spaces) the number of parking spaces available on any property below that which is otherwise required per the Bridgeton Zoning Ordinance for the property and uses located thereon.

(4)

Mobile food vendors shall at all times be operated in accordance with the provisions of Section 685.040 of this Code.

bj.

Alternative financial service establishments.

bk.

Food bank.

[Ord. No. 15-19 §8, 6-17-2015]

Permitted land uses with special use permit.

Animal hospital or kennel.

Auditorium, stadium, arena, armory, gymnasium and other similar places for public events.

Automobile service stations, provided a front yard of ten (10) feet or more is maintained for gasoline or fuel tanks or pumps, and all driveways for ingress and egress to the station are approved by the State Highway Commission when located along State and Federal routes, and by the Zoning Administrator when fronting on street maintained by the City; also provided that not more than two (2) such automobile service stations shall be granted permits in any four-way intersection and not more than one (1) at any intersection which is less than four-way.

Automobile, truck, van and camper sales (new or used) or rental agency.

Boat showroom and sales.

Bus terminal, railroad passenger station, freight terminal or any other public transportation terminal facilities.

Car wash.

Cemeteries, crematories or mausoleums.

Clean earth landfill, provided that the flood-carrying capacity of a watercourse is not unduly affected.

Clinic or medical center.

Commercial picnic grounds, golf practice tees, athletic fields, swimming pools, boat docks, marinas and fee and other commercial fishing and hunting facilities; golf courses.

Commercial and industrial dock facilities, open storage, but not including junk yards; only when adjacent to a use lying within a district in which the principal commercial or industrial activity is permitted.

Dance hall.

Extraction of gravel, sand or other raw materials.

Fruit stands.

Garages, public, for storage of private passenger automobiles and commercial vehicles under one and one-half (1½) ton capacity.

Gun clubs or ranges.

High rise buildings.

Municipal or privately-owned recreation building or community center, including Y.M.C.A. and Y.W.C.A.

Hospital.

Outdoor sales or outdoor displays.

Outdoor yard, garden and nursery shop.

Penal institutions.

Planned developments, subject to all provisions of this Chapter relating to planned developments.

Public buildings, including art gallery, library, museum or similar structures.

(Reserved)

aa.

Public or privately-owned or operated fairgrounds, permanent carnivals, "kiddie parks" or other similar amusement centers.

ab.

Public utility line, poles or towers for electricity or communication when they exceed the height limitations of the district. The entire transmission line route may be treated as one (1) application.

ac.

Radio and television transmitting or antenna towers (commercial) and other electronic equipment requiring outdoor structures and including antenna towers used for the sending of private messages, but not including private receiving aerials or antennas.

ad.

Railroad spur track, lead track, siding or other similar railroad facility.

ae.

Railroad tracks and associated structures, provided that the track-bed fill required is approved by the City Engineer with respect to adequacy of opening for the passage of floodwater.

af.

(Reserved)

ag.

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

ah.

Sanitary landfills for the dumping or disposal of trash or garbage, provided the sanitary landfill method is used in accordance with the standard specifications for sanitary landfills of the St. Louis County Health Department.

ai.

Sewage treatment plants and sewage lagoons.

aj.

Trailer courts or mobile home parks.

ak.

Trailer sales or rental agency.

al.

Veterinary clinics.

am.

Water storage tank.

an.

Indoor trash transfer stations for staging and transfer of non-hazardous solid waste, provided the indoor trash transfer station is operated in accordance with the standard specifications of the St. Louis County Health Department and the Missouri Department of Natural Resources and is located within the boundaries of a sanitary landfill facility.

ao.

Asphalt manufacturing plant.

ap.

Winery.

aq.

Establishments whose primary business, or primary use of a particular parcel of property is the storage of flammable liquids, fats, oils, gas or hazardous substances in tanks or other containers, provided that any such use:

(1)

Is not located on any property identified as numbered and unnumbered A Zones, AE and AO Zones on the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) dated August 2, 1995, as amended, and any future revisions thereto; and

(2)

Is at least three thousand (3,000) feet from any residentially zoned property or land use; and

(3)

Is limited to individual tanks or containers with a maximum capacity of fifty thousand (50,000) gallons; and

(4)

Is limited to a maximum of three (3) tanks or containers regardless of individual capacity or volume; and

(5)

Is limited to tanks or containers with a height not exceeding a maximum of forty-five (45) fee above finished ground elevation.

Prior to the review of any special use permit for such storage tanks or containers by the Planning Commission or City Council, the applicant shall seek and provide the City of Bridgeton with comments and/or approvals from the appropriate jurisdictions and review agencies including, but not limited to, the U.S. Army Corps of Engineers, U.S. Coast Guard, U.S. Department of Homeland Security (Protective Security Coordination Division), U.S. Department of Homeland Security (Federal Emergency Management Agency), U.S. Department of Labor (Occupational Safety and Health Administration), U.S. Environmental Protection Agency, Missouri Department of Agriculture, Missouri Department of Natural Resources, St. Louis County Department of Health, Earth City Levee District, and the applicable fire protection district, as directed by the City Engineer.

ar.

Tattoo/piercing/body modification establishments.

as.

Adult or sexually-oriented establishments.

at.

Machine shops and metal products manufacture, when equipped with heavy (exceeding fifty-ton pressure) punch presses, drop forges, riveting and grinding machines or any other equipment, provided that performance standards made a part of this section are not exceeded for noise, vibration, smoke, odors, heat, glare or fire hazards.

[Ord. No. 13-31 §1, 8-7-2013]

au.

Thrift/consignment drop off center.

[Ord. No. 15-19 §9, 6-17-2015]

av.

Thrift/consignment store.

[Ord. No. 15-19 §9, 6-17-2015]

aw.

Homeless service center.

[Ord. No. 15-19 §9, 6-17-2015]

ax.

Homeless support center.

[Ord. No. 15-19 §9, 6-17-2015]

ay.

Food pantry.

[Ord. No. 15-19 §9, 6-17-2015]

Performance standards. These standards are applicable to all "M" Districts, including Planned Manufacturing. The following requirements shall apply:

Noise. The sound pressure level, to be measured as described below, shall not exceed the following decibel levels in the designated octave bands when adjacent to the designated types of use districts:

Octave Band, Cycles per Second	Sound Levels in Decibels
Octave Band, Cycles per Second	All "R" Districts	All "B" Districts
0 to 75	58	73
75 to 150	54	69
150 to 300	50	65
300 to 600	46	61
600 to 1200	40	55
1200 to 2400	33	48
2400 to 4800	26	41
Over 4800	20	35

	Objectionable sounds of an intermittent nature which are not easily measured shall be controlled so as not to become a nuisance to adjacent uses.
	Method of measurement. Measurement is to be made at the nearest boundary of the nearest residential area or at any other point along the boundary where the level is higher. The sound levels shall be measured with a sound level meter and associated octave band filter as prescribed by the American Standards Associations.

Smoke and particulate matter. The emission of smoke or dusts by manufacturing plants in an amount sufficient to create a general nuisance to adjoining properties shall be prohibited. Total emission of smoke and particulate matter shall be limited to the following:

(1)

Ringelmann requirements. All smoke and the emission of all other particulate matter in quantities sufficient to produce an opacity at any point greater than Ringelmann 3 is prohibited. The only exception shall be a plume consisting entirely of condensed steam. A Ringelmann 1 Unit is defined as twenty percent (20%) density for one (1) minute. No more than fifteen (15) units of Ringelmann smoke shall be permitted per hour and no smoke more intense than Ringelmann 2 except that during one (1) hour of a twenty-four (24) hour day, thirty (30) units of smoke may be emitted but with no smoke more intense than Ringelmann 3.

(2)

The total quantity of emitted solids shall not exceed one (1) pound per hour, per acre of lot area.

Odors. No overly objectionable or hazardous odor shall be emitted by any use permitted in this district in such quantities as to be readily detectable by an average observer at any point on the boundary line of the premises or beyond.

Noxious gases. Processes and operations of permitted uses capable of dispersing gases or toxic particles into the atmosphere must be hooded or otherwise suitably enclosed. The emission of such toxic gases or particulate matter shall be from a stack, or in such manner that they create no hazard to person or property.

Glare and heat. Operations producing intense light or heat shall be performed within an enclosed building and not be visible beyond any lot line bounding the property whereon the use is conducted.

Vibrations. No uses shall be located and no equipment shall be installed in such a way as to produce intense, earth-shaking vibrations which are noticeable at the property lines of the subject premises.

"M-2" Manufacturing District.

Permitted land uses. Since most uses permitted in this district will be in close proximity to residential districts, it is hereby declared that performance standards shall be high, and that all manufacturing, processing or assembly of materials and products must be carried on in a manner not injurious or offensive to the occupants of adjacent premises by reason of the emission of odors, fumes or gases, dust, smoke, noise, vibrations or fire hazards. Therefore the following uses may be permitted provided there is compliance with the performance standards established in Section 410.140(B)(3).

Any use permitted in an "M-1" District, but not including residences or apartments, except such dwelling accommodations as may be needed to house a caretaker or watchman employed on the premises and their families.

Permitted land uses with special use permit.

Any uses permitted with a special use permit in the "M-1" Limited Manufacturing District, except the extraction of gravel, sand or other raw materials.

Performance standards. Same as those required for the "M-1" Limited Manufacturing District.

The following table represents the requirements of the business and manufacturing districts.

REQUIREMENTS	ZONING DISTRICT
REQUIREMENTS	B-1	B-2	B-3	B-4	M-1	M-2
Maximum Height of Structures (1)
In feet	30	45	90	45	45 (6)	100 (10)
In stories	2	3	6	3	3 (6)	8 (10)
Minimum lot area (square feet)	6,000	6,000	9,000	9,000	none	none
Minimum front yard setback in feet	15 (2)	15	15	15	—	50
Buildings and structures					50 (7)
Parking spaces and aisles					20 (7)
Minimum side yard setback in feet	5	none (3)	5	5	15 (8)	15 (8)
Minimum rear yard setback in feet	20	none (4)	10 (5)	10	none (9)	none (9)

(1)

Either feet or stories above finished ground elevation, whichever is lower, except as provided in Section 410.050.

(2)

Except when adjoining lots are in an "R" District, then not less than that required in such "R" District.

(3)

Except that if provided not less than five (5) feet, and when adjoining an "R" District not less than five (5) feet.

(4)

Except that if provided not less than five (5) feet, and when adjoining an "R" District not less than twenty (20) feet.

(5)

When adjoining an "R" District, not less than twenty (20) feet.

(6)

Above finished ground elevation, except as provided in Section 410.050.

(7)

Ord. No. 80-38, 6-18-80.

(8)

When adjoining an "R" district, not less than twenty-five (25) feet.

(9)

When adjoining an "R" district, not less than thirty (30) feet.

(10)

The total height of any structures, other than those authorized by special use permit, shall not exceed (requirements) above finished ground elevation except as provided in Section 410.050.

Section 410.150 Special Zoning Districts.

[Ord. No. 70-25 §15, 3-18-1970; Ord. No. 78-125, 10-4-1978; Ord. No. 90-04, 1-17-1990; Ord. No. 97-62, 9-17-1997; Ord. No. 00-11, 2-16-2000; Ord. No. 06-03 §1, 2-1-2006]

Purpose. The special districts set forth herein are established to protect health and promote public safety, convenience, comfort, morals, prosperity and welfare. The rural district encompasses land areas within which rough natural topography, geological conditions or locations in relation to urbanized areas create practical difficulties in providing and maintaining public roads and public utilities.

"A" Rural District.

Permitted land uses.

Dairy farming.

Hunting, fishing and the propagation of wildlife.

Single-family dwellings.

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

Churches.

Public school, elementary and high, and educational institutions having a curriculum similar to that ordinarily given in public schools.

Forest, wildlife reservations and conservation projects.

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

Home occupations.

Accessory building and uses and activities customarily incidental to any of the above uses.

Private or public park or playground; public park operated by a governmental jurisdiction.

Medical marijuana testing facility.

[Ord. No. 19-12, 8-7-2019]

Marijuana testing facility.

[Ord. No. 23-21, 5-17-2023]

Permitted land uses with special use permit.

Auditorium, stadium, arena, armory, gymnasium and other similar places for public events.

Blacksmiths.

Cemeteries, crematories or mausoleums.

Clean earth landfill, provided that the flood-carrying capacity of a watercourse is not unduly affected.

Commercial or cooperative feed or grain storage.

Commercial picnic grounds, golf practice tees, athletic fields, swimming pools, boat docks, marinas, and fee and other commercial fishing and hunting facilities.

Extraction of gravel, sand or other raw materials.

Fruit stands.

Gun clubs or ranges.

Illuminated golf courses and practice driving tees including miniature golf courses.

Logging operations, sawmills and mill storage of lumber, not including any fabrication of timber structures.

Motorcross track, go-cart track, BMX track, accessory water pond; building to house half pipe, street course and concession stand.

Municipal or privately-owned recreation building or community center, including Y.M.C.A. and Y.W.C.A. buildings.

Outdoor yard, garden and nursery shop.

Penal institutions.

Planned developments, subject to all provisions of this Chapter relating to planned developments.

Public buildings, including art gallery, library, museum or similar structures.

(Reserved)

Public or privately-owned and operated fairground, permanent carnivals, "kiddie parks", or other similar amusement centers.

Public utility line poles or towers for electricity or communication when they exceed the height limitations of the district. The entire transmission line route may be treated as one (1) application.

Recreational camps and camping facilities.

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

Riding stables and kennels.

Salesrooms as an accessory use to commercial gardens, plant nurseries and greenhouses.

aa.

Sewage treatment plants and sewage lagoons.

ab.

Veterinary clinics.

ac.

Water storage tank.

ad.

Medical marijuana cultivation facility.

[ord. no. 19-12, 8-7-2019]

ae.

Medical marijuana-infused products manufacturingfacility.

[Ord. No. 19-12, 8-7-2019]

af.

Comprehensive marijuana cultivation facility.

[Ord. No. 23-21, 5-17-2023]

ag.

Comprehensive marijuana-infused products manufacturing facility.

[Ord. No. 23-21, 5-17-2023]

Maximum height of structures. Same as "R-1" (Single-Family Dwelling District) for farm residences only. All other permitted uses are governed by regulations contained in Section 410.050(B)(1) or a limitation of thirty-five (35) feet, whichever is smaller.

Lot area, lot dimension and yard requirements.

Minimum lot area: One hundred thirty thousand six hundred eighty (130,680) square feet (three (3) acres).

Minimum front, side and rear yard: None.

"B-5" Planned Commercial/Residential District. In order to provide appropriate locations for certain types of business and residential developments in locations where integrated site planning and design is necessary due to surrounding land uses, neighboring residential areas or traffic considerations, a Planned Commercial/Residential District ("B-5") may be established by special ordinance subject to the requirements set forth in Section 410.090, Planned Developments, of this Chapter. Those districts adopted and part of the Zoning Ordinance are contained in the appendix.

"M-3" Planned Manufacturing District. In order to provide appropriate locations for certain types of business and manufacturing developments in locations where integrated site planning and design is necessary due to surrounding land uses, neighboring residential areas or traffic considerations, a Planned Manufacturing District ("M-3") may be established by special ordinance subject to the requirements set forth in Section 410.090, Planned Developments, of this Chapter. Those districts adopted and part of the Zoning Ordinance are contained in the appendix. The planned districts are subject to the performance standards in Section 410.140(B)(3).

Section 410.160 Intergovernmental Zoning Immunity.

[Ord. No. 70-25 §16, 3-18-1970; Ord. No. 92-04, 2-5-1992]

Purpose. The purpose of this Section is to authorize the City Council to determine and recognize a limited immunity of governmental entities from the Bridgeton Zoning Ordinance with respect to particular land uses and to condition the recognition of such immunity to insure that the immune entity does not arbitrarily override important legitimate local public interests. This Section provides a uniform procedure for governmental applicants to follow to apply for an immunity determination with respect to land uses of overwhelming importance that otherwise would be prohibited by the Bridgeton Zoning Ordinance. Governmental applicants must provide the City with information sufficient to permit the City Council to make an immunity determination based upon a weighing of the respective interests advanced by the proposed land use and the effects of the proposed land use on the interests of Bridgeton.

Authority. The City Council shall have the authority to determine by ordinance that an entity is immune from the Bridgeton Zoning Ordinance with respect to a proposed land use according to the procedures and subject to the conditions and standards contained in this Section.

Compliance. No entity shall use any land in the City of Bridgeton for any use or structure that is not in compliance with the Bridgeton Zoning Ordinance unless the City Council determines, as provided in this Section, such use by the entity is immune from the Bridgeton Zoning Ordinance; except that this Section shall not apply to any use by the Federal Government or any agency thereof or to any use by the State of Missouri that is immune from the Bridgeton Zoning Ordinance as a matter of law.

Filing Of Petition. A governmental entity may petition the City Council for a determination that a proposed use of land in Bridgeton is immune from the application of the Bridgeton Zoning Ordinance based upon a balancing of interests under Missouri law for the determination of intergovernmental zoning immunity. Such petition to the City Council requesting a determination that the proposed use of the petitioning governmental entity is immune from the Bridgeton Zoning Ordinance, together with all information required to accompany such petition, shall be filed with the City Clerk, who shall promptly refer such petition to the Planning Commission.

Fees. The petitioner shall at the time of filing the petition pay a fee in the amount determined by the following fee schedule:

	Size of Tract	Fee
	2 or less acres	$200.00
	2 plus acres to 10 acres	$350.00
	10 plus acres to 20 acres	$600.00
	20 plus acres to 40 acres	$950.00
	40 plus acres to 70 acres	$1,400.00
	70 plus acres to 110 acres	$1,950.00
	110 plus acres to 160 acres	$2,600.00
	Over 160 acres	$3,350.00

In addition, if the City engages any professional or technical services to evaluate or process a petition, the petitioner shall pay the reasonable cost of such services within thirty (30) days of the City's request for such payment. At the petitioner's request, the City shall provide copies of the invoice or receipt for such services. The City may, but is not required to, advance the cost of any such services and obtain reimbursement from the petitioner.

Assistance. In making all evaluations and recommendations required by this Section and in performing all acts required by this Section, the City shall have the authority to seek advice from the City Attorney, school and fire districts, utilities and other City boards and to employ such professional and technical services as it considers necessary.

Petition For Determination Of Zoning Immunity. Such petition for immunity shall be signed by the governmental entity requesting a determination by the City Council that it is immune from the Bridgeton Zoning Ordinance with respect to a proposed land use and shall contain the following information to identify the interests advanced by petitioner's proposed use and the legitimate local public interests affected by the proposed use:

A concise statement by the petitioner that identifies all legal and factual bases for intergovernmental zoning immunity for the proposed use, including the identification of all State or Federal Statutes that may require or support the determination of such immunity, and the identification of all regional and local interests that would be advanced by the proposed use.

A legal description and street address of the property in or upon which the petitioner's proposed use will be located (the "tract").

Site plans, eighteen (18) copies, containing the following:

Existing conditions map(s) of land proposed to be used within Bridgeton, at a scale of no greater than one (1) inch equals twenty (20) feet, containing the following information:

(1)

Petitioner's name and address and legal interest in the tract;

(2)

All dimensions and bearings, both linear and angular, radii and arcs, necessary for locating the boundaries of the tract;

(3)

The location and name of all streets or other rights-of-way, easements, entrances and exits included in the tract and within one hundred eighty-five (185) feet of the tract;

(4)

All lots included in the tract and within one hundred eighty-five (185) feet of the tract;

(5)

Zoning classification and present use of lots included in tract and within one hundred eighty-five (185) feet of the tract;

(6)

Location, height and floor area of all buildings, structures (e.g. signs, lighting, etc.) and elevations included in tract and within one hundred eighty-five (185) feet of tract;

(7)

Location of all drainage ways, natural or manmade lakes, wetlands and other natural features included in tract and within one hundred eighty-five (185) feet of the tract;

(8)

Topography at not more than two (2) foot contour intervals (interval may be expanded to not more than five (5) foot interval if the Zoning Administrator finds that expansion is warranted based on the large size or uniform level of the terrain);

(9)

All public and private improvements (e.g. curbs, trash storage, loading areas, pedestrian walkways, sewer and utility lines above and below grade, etc.) showing size, dimensions and flows;

(10)

Other physical features like soil types, rock outcropping and trees in excess of six (6) inches in diameter;

(11)

Historic sites and structures;

(12)

A written description shall accompany the map(s) explaining the soil conditions, any historically significant areas and any other features of the existing conditions map(s) petitioner believes are relevant.

Proposed conditions map(s) of land proposed to be used within Bridgeton, at a scale of no greater than one (1) inch equals twenty (20) feet, containing the following information:

(1)

The map(s) shall identify the same information requested in Section 410.160(G)(3)(a) items (1) through (12) as they apply to the proposed use;

(2)

If grading is to take place, the topographical map shall distinguish existing and proposed contour lines;

(3)

Landscaping and screening buffers associated with the proposed use;

(4)

A written description shall accompany the map(s) containing:

(a)

Detailed description of the proposed use or uses of the property;

(b)

Description of all processes and activities involved in the proposed use; and

(c)

A detailed description of all parks, public areas, and public property or public property rights including easements and rights-of-way that would be affected by the petitioner's proposed use;

(5)

A description of, or a map showing, the location, height and size of all proposed signs and the location, size, arrangement and intensity of all outdoor lighting.

In addition to the information contained in the site plans, the petitioner shall include in an appendix to its petition all of the following information (including all connected actions and cumulative actions relating to the project or development) with respect to the entire project or development, regardless of whether the proposed use is solely in Bridgeton or is part of a larger project or development that extends into other land-use jurisdictions:

All final environmental impact statements, environmental assessments and/or findings of no significant impact required by Federal law or by any State environmental Statute or regulation;

Copies of all studies or analyses upon which projections have been based for need or demands for the proposed use;

A description of all alternatives to the proposed use considered by the petitioner, including copies of all studies or analyses in which alternatives to the use have been considered or evaluated;

A description of the assessed value and actual value, both present and as anticipated under the proposed use, of all land affected by the proposed use and all studies upon which such anticipated assessed value is based;

A description of all long-term master plans and of long-range forecasts for the future use or development of the tract in Bridgeton;

A description of the petitioner's ability to obtain all needed easements and permits required by Federal, State and local law to operate or to serve the proposed use;

A detailed description of the type, feasibility and cost of any proposed mitigation necessary to make the proposed use compatible with current and future land uses in Bridgeton or to reduce or eliminate any adverse impact of the proposed use within Bridgeton;

A description of any special construction requirements that may be required for the proposed use of the tract;

A description of any changes in traffic flow or traffic patterns within Bridgeton of fifteen percent (15%) or more vehicles per hour for any hour within a twenty-four (24) hour period that are projected to result from the proposed use, including a copy of a traffic analysis prepared by a professional qualified in the field of traffic forecasting or engineering;

If the proposed use or development is projected to result in the production of average noise levels of sixty-five (65) DBA or greater measured by using the Ldn noise metric for any single month during the first ten (10) years of the projected use of the tract at the petitioner's property line in Bridgeton, a map showing projected noise at fifty-five (55), sixty (60), sixty-five (65), seventy (70) and seventy-five (75) Ldn noise contours; data showing projected distribution of single event noise events for each half (½) hour through the day, including decibel levels and duration of each such noise event; projected cumulative noise total from all facility-related noise sources; projected cumulative noise total from all facility-related and background noise sources;

If the proposed use will result in the production of air pollution, a detailed description of the expected pollutants, manner and rates of discharge, expected mitigation measures, effect on regional air quality, and effect on air quality within Bridgeton;

If the proposed use will result in the production of water pollution, a detailed description of the expected pollutants, manner and rates of discharge, expected mitigation measures, effect on regional water quality, and effect on water quality within Bridgeton; and

If the proposed use will result in the production of solid or toxic wastes, a detailed description of the expected wastes, the manner and rates of production, expected mitigation measures, expected methods of disposal, and the effects of expected methods of disposal on landfills or on other disposal alternatives.

Unless provided elsewhere, a detailed statement identifying all of the local and regional needs for the proposed use; identifying all of the benefits of, and interests advanced by, the proposed use; identifying all evidence available to the petitioner to establish the needs for, benefits of, interests advanced by, and beneficial or adverse effects and impacts of the proposed use; identifying all of the effects of all proposed mitigation measures; identifying the geographical distribution of all beneficial and adverse effects of the proposed use; and identifying all of the effects and impacts of the proposed use on the interests of the City of Bridgeton, including the identification of all effects or impacts on:

The natural and manmade environments within and adjacent to Bridgeton;

The health, safety, morals, comfort and general welfare of the neighborhoods and of the people of the City of Bridgeton;

The accomplishment of the goals and objectives of the Bridgeton Zoning Ordinance and of the comprehensive Land Use and Major Street Plan of the City of Bridgeton in effect at the date of the petition;

The character and stability of the residential, business and manufacturing areas within the City of Bridgeton and on the development of such areas;

The light, air, privacy, and convenience of access to property within the City of Bridgeton;

Traffic congestion within the City of Bridgeton;

The future needs of industry, business and residences in the City of Bridgeton;

The surroundings for family life in residential areas within the City of Bridgeton;

Public safety, including the potential for fire, explosions, noxious fumes, and all other hazards that may threaten the public safety, health, comfort or general welfare of the people or neighborhoods of the City of Bridgeton;

The density and distribution of land uses within the City of Bridgeton, including effects on the concentration of structures, and on the location, use and bulk of residential and industrial buildings in relation to the land surrounding them;

The taxable value of land and buildings throughout the City of Bridgeton;

All structures and features of historic significance within Bridgeton;

All public land within Bridgeton, including all parks, public areas, playgrounds, golf courses, and public rights-of-way or easements;

The finances of the City of Bridgeton.

The identity of each expert or consultant who petitioner expects to call to testify before the Planning Commission or City Council with respect to petitioner's petition, together with a summary of the facts and opinions to which the petitioner expects each such person to testify. If after the petition is filed the petitioner shall form an expectation to call as a witness any expert or consultant not identified in the petition, the petitioner shall promptly supplement the petition with respect to any such expert or consultant; and

Any additional information the petitioner believes is necessary or desirable for the City of Bridgeton to consider in conjunction with the petition.

Planning Commission Action On Petition.

Completeness. Within thirty (30) days after receipt of the petition from the City Clerk or of any revised petition from the petitioner, the Planning Commission shall determine whether the petition or revised petition complies with all requirements imposed by this Section and contains all the information required by this Section. In the event the Planning Commission finds the petition or revised petition is not complete or does not contain all the required information, the Zoning Administrator shall within ten (10) days after such finding notify the petitioner of the information that is lacking in the petition or revised petition. The petitioner may then submit to the Planning Commission a revised petition containing the necessary additional information.

Hearing, recommendation. Within thirty (30) days following a determination by the Planning Commission that the petition (as may have been revised) complies with requirements imposed by this Section, the Planning Commission shall hold a hearing on the petition and on whether petitioner's proposed use of the property should be determined to have intergovernmental immunity from the Bridgeton Zoning Ordinance. If the City engages outside experts for evaluation or processing of the petition, this thirty (30) day period may be extended for such time as is reasonably necessary to identify and engage such experts and receive and evaluate their reports, not to exceed one hundred twenty (120) days. Notice of the date, time and place of such hearing shall be published in a newspaper of general circulation in the City of Bridgeton at least five (5) days prior to such hearing.

Upon the conclusion of such hearing, the Planning Commission shall:

Consider and report on whether and in what respects the petitioner's proposed use affects, advances or impedes the public interests of the City of Bridgeton;

Consider and report on the extent to which the petitioner considered reasonable and prudent alternatives to the proposed use with less adverse impacts on the public interests of Bridgeton;

Consider and report on recommendations regarding conditions or limitations on the requested immunity to protect Bridgeton's public interests against the arbitrary exercise of such immunity or mitigation measures which, if employed, would advance Bridgeton's interests;

Weigh and balance all relevant factors respecting whether substantial benefits to the public of the proposed use clearly outweigh adverse effects of the proposed use on the public interests of the City of Bridgeton and recommend for or against a City Council determination and recognition that the petitioner's proposed use is immune from the Bridgeton Zoning Ordinance.

The Planning Commission shall make a report to the City Council containing its recommendations and conclusions within eighty (80) days following the conclusion of such hearing.

City Council Hearing And Determination.

Hearing. Within thirty (30) days after receipt of the report and recommendations of the Planning Commission, the City Council shall commence a hearing on the petition to determine whether petitioner's proposed use of the property shall be immune from the Bridgeton Zoning Ordinance and shall conclude such hearing within sixty (60) days after receipt of such report and recommendations. Notice of the date, time and place of the hearing shall be published in a newspaper of general circulation in the City of Bridgeton at least fifteen (15) days prior to the day of such hearing.

Authorization. Within thirty (30) days after the conclusion of such hearing, the City Council shall determine whether and in what respects the petitioner's use advances or impedes the interests of the City of Bridgeton.

If the City Council determines that the petitioner's use, with such conditions as the City Council may impose to insure that Bridgeton's legitimate public interests are protected, advances the interests of the City of Bridgeton, the City Council shall by ordinance recognize that the petitioner's proposed use is immune from the Bridgeton Zoning Ordinance. The City Council shall have the authority to impose, by such ordinance, conditions on the exercise of such zoning immunity to insure that Bridgeton's legitimate public interests are protected.

If the City Council does not determine that the petitioner's use advances the interests of the City of Bridgeton, it shall determine whether and in what respects the petitioner's proposed use advances or impedes public interests or public needs other than those of the City of Bridgeton. In making this determination, the City Council shall weigh and balance all relevant factors and if it determines that the substantial benefits of the proposed use to the public, with such conditions as the City Council may impose to insure that Bridgeton's legitimate public interests are protected, clearly outweigh its adverse effects on the interests of the City of Bridgeton, then the City Council shall by ordinance recognize that the petitioner's proposed use is immune from the Bridgeton Zoning Ordinance. The City Council shall have the authority to impose by such ordinance conditions on the exercise of such zoning immunity to insure that Bridgeton's legitimate public interests are protected.

Vote. The affirmative vote of five (5) or more members of the City Council shall be required to make a determination and recognition by ordinance that petitioner's proposed use is immune from the Bridgeton Zoning Ordinance, except as otherwise provided in Section 2.05 of the Bridgeton Charter.

Uses Prohibited By Statute. Notwithstanding any other provisions of this Section, no use shall be established or located in Bridgeton if any Statute provides that such use shall not be established or located in any City in violation of any plan or zoning regulation restricting the location of such use, and nothing in this Section shall be construed to authorize or permit any such use to be established or located in Bridgeton.

Section 410.170 Office of Zoning Administrator.

[Ord. No. 70-25 §17, 3-18-1970]

The City Engineer of the City of Bridgeton is hereby designated the Zoning Administrator of this City, and the office of the City Engineer shall also be designated the office of the Zoning Administrator.

Powers And Duties. The Zoning Administrator shall enforce this Chapter and, in addition thereto and in furtherance of said authority, shall:

Issue all zoning certificates and keep permanent records thereof;

Issue all certificates of occupancy and keep permanent records thereof;

Conduct such inspections of buildings, structures, and uses of land as are necessary to determine compliance with the terms of this Zoning Ordinance;

Maintain permanent and current records of the Zoning Ordinance, including all maps, amendments, special uses and variations;

Provide and maintain a public information bureau relative to all matters arising out of this Chapter; and

Delegate performance of his/her duties to any appropriate officer or employee of the City.

Section 410.180 Board of Adjustment.

[Ord. No. 70-25 §18, 3-18-1970; Ord. No. 70-99, 12-2-1970; Ord. No. 78-82, 7-12-1978; Ord. No. 87-64, 7-15-1987]

Creation And Membership. A Board of Adjustment is hereby established. The word "Board", when used in this Section, shall be construed to mean the Board of Adjustment. The Board shall consist of five (5) members, all of whom shall be freeholders appointed by the Mayor of the City of Bridgeton and approved by the City Council. The term of office of the members of the Board shall be for five (5) years, excepting that the membership of the first (1st) Board appointed shall serve respectively for terms of one (1) for one (1) year; one (1) for two (2) years; one (1) for three (3) years; one (1) for four (4) years; and one (1) for five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. Three (3) alternate members may be appointed by the Mayor and approved by the City Council to serve, on a meeting by meeting rotating basis, in the absence of or disqualification of the regular members. Vacancies shall be filled for the unexpired term only. Members shall be removed for cause by the City Council upon written charges and after hearing.

No member of the Board of Adjustment shall be an employee or a member of any other board, agency, department or Governing Body of the City of Bridgeton.

The Board shall elect its own Chairman and Vice Chairman who shall serve for one (1) year. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Chapter.

Meetings. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board may determine. Such Chairperson, or in his/her absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the Board.

Appeals.

Appeals to the Board may be taken by any person aggrieved or by an officer, department, any board, other than the Board of Adjustment, or bureau of the City of Bridgeton affected by any decision of the City Engineer, Building Commissioner, or other official or agency relating to zoning or building. Such appeal shall be taken within a reasonable time, as shall be prescribed by the Board by general rule, by filing with the City Engineer and with the Board a notice of appeal specifying the grounds thereof. The City Engineer shall forthwith transmit to the Board, all the papers constituting the record upon which the action appealed from is taken.

An appeal stays all proceedings in furtherance of the action appealed from, unless the City Engineer certifies to the Board after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on good cause shown.

The Board shall fix a reasonable time for the hearing of the appeal, give not less than five (5) days' public notice of the date, time and place thereof in an official newspaper or a newspaper of general circulation in the City of Bridgeton as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

The Board of Adjustment shall give written notice of any decision in any appeal before the Board to each party and to the City Zoning Administrator three (3) days after rendering such decision. The City Zoning Administrator shall present the notice of any such decision to the City Council at the next regular meeting of the Council occurring after the Zoning Administrator shall have received such notice.

Powers And Duties. The Board of Adjustment shall have the following powers and may grant variances only in the following instances and no others:

To hear and decide appeals in which it is alleged there is error of law in any order, requirement, decision or determination made by the City Engineer, Building Commissioner, administrative or other official agency in the enforcement of this Chapter;

To permit the reconstruction within twelve (12) months of a non-conforming building which has been damaged by explosion, fire, act of God or public enemy, to the extent of less than sixty percent (60%) of its assessed value, where the Board finds some compelling public necessity requiring a continuance of the non-conforming use, and the primary purpose of continuing the non-conforming use is not to continue a monopoly;

To authorize upon appeal, whenever a property owner can show that a strict application of the terms of this Chapter relating to the use, construction or alteration of buildings or structures or the use of land will impose upon him practical difficulties or unnecessary hardship, such variations of the strict application of the terms of this Chapter as are in harmony with its general intent and purpose but only when the Board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variation from the Comprehensive Plan as established by this Chapter and, at the same time, the surrounding property will be properly protected;

To permit a temporary building for business or industry in any district for a use otherwise excluded from such district, provided the use is incidental to the development of that district; such permit to be for a period of not more than one (1) year;

To permit the enlargement of a building in a business district or in an "M-1" Limited Manufacturing District for a use otherwise excluded from such district, provided such enlargement and use are distinctly incidental and essential to a use permitted in such district, provided such incidental building and its enlargement or use occupy not more than ten percent (10%) of the lot, that not more than ten percent (10%) of the employees of the building or plant are to be engaged therein, and provided that such building or use is not located within fifty (50) feet of any street;

To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown on record prior to the date of passage of this Chapter;

To permit a front yard, a side yard or a rear yard, less than that required by this Chapter;

To permit a building to exceed the height limit by not more than ten percent (10%) of the height limit established by this Chapter;

To permit the use of a lot less than the area required by this Chapter;

10.

To permit the use of a lot for use otherwise prohibited solely because of the insufficient width of the lot;

11.

To reduce the applicable off-street parking or loading facilities required by not more than one (1) parking space or loading berth or ten percent (10%) of the required number, whichever is greater;

12.

To increase by not more than twenty-five percent (25%) the maximum distance that required parking spaces are permitted to be located from the use served;

13.

To permit the same off-street parking facilities to qualify as a required facility for two (2) or more uses, provided that use of such facility by each user does not take place at the same hours of the same days of the week;

14.

To have all the powers conferred upon Board of Adjustment by the Revised Statutes of Missouri.

Scope Of Authority. In exercising the above powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the administrative official from whom the appeal is taken.

Standards For Variations. The Board of Adjustment shall not vary the regulations of this Chapter, unless it shall make a finding of fact based upon the evidence presented to it in each specific case, showing that all of the following conditions exist:

That the conditions upon which the requested variation is based would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out;

That the conditions upon which the requested variation is based would not be applicable to other property within the same zoning classification;

That the alleged difficulty or hardship has not been created by any person acquiring or holding an interest in the property since the effective date of Ordinance No. 70-25 (March 18, 1970);

That the granting of the variation will not endanger the public safety or be detrimental to the public welfare or substantially injurious to other property or improvements in the neighborhood in which the property is located.

	In determining the foregoing, the Board shall consider whether, and to what extent, the proposed variation will impair an adequate supply of light and air to adjacent property, or increase the danger of fire, or diminish or impair property values within the neighborhood.
	The Board of Adjustment may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to prevent injurious effects therefrom upon other property in the neighborhood and better to carry out the general intent of this Chapter.

Automatic Revocation Of Variation. A variation granted by the Board pursuant to the provisions of this Section shall be automatically revoked if it has not been exercised within the period of two (2) consecutive years after the date it was granted, provided however, the Board may, upon application of the landowner made before or after the expiration of such variation, grant a one (1) year extension thereof; and provided further, that no presently effective, previously issued variation shall be automatically revoked hereunder until six (6) months after the effective date of this Subsection (G).

In the event that any application is denied by the Board of Adjustment, a reapplication concerning the same property or site shall not be accepted until six (6) months following the date of final action on the original application has elapsed, unless it can be shown to the satisfaction of the City Engineer or his designated representative that:

[Ord. No. 14-11 §1, 5-7-2014]

A significantly different plan is proposed; or

New facts or other pertinent information have been discovered that were not previously presented and were not reasonably capable of discovery by the applicant prior to the previous application.

Section 410.190 Appeals.

[Ord. No. 70-25 §19, 3-18-1970]

Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment or of any officer, department, commission, board or bureau of the City of Bridgeton may present to the Circuit Court having jurisdiction in St. Louis County, a petition, duly verified, stating that such decision is illegal, in whole or in part, specifying the grounds of the illegality and asking for relief therefrom. Such petition shall be presented to the court within thirty (30) days after receipt of notice of the decision of the Board or such officer, department, commission, board or bureau.

Costs shall not be allowed against the Board in any such action unless it shall appear to the court that it acted with gross negligence or in bad faith, or with malice in making the decision appealed from.

Section 410.200 Zoning Changes and Amendments.

[Ord. No. 70-25 §20, 3-18-1970; Ord. No. 84-11, 4-19-1984; Ord. No. 88-62, 11-2-1988]

The City Council may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts or regulations or restrictions herein established. Any proposed special use permit, amendment, supplement, change, modification or repeal shall first be submitted to the Planning Commission for hearing and its recommendations and report. Notice of the date, time and place of such hearing shall be published in a newspaper of general circulation in the City of Bridgeton at least fifteen (15) days prior to such hearing. If the Planning Commission makes no report within eighty (80) days or such additional period of time as may be agreed to by the Council or the applicant, it shall be considered to have made a report approving the proposed special use permit, amendment, supplement, modification, change or repeal. Upon filing of the recommendations and report by the Commission with respect to any proposed special use permit, amendment, supplement, change, modification or repeal, the City Council shall proceed to hold a public hearing in relation thereto giving at least fifteen (15) days' notice of the date, time and place of such hearing, which notice shall first be published in an official newspaper or a newspaper of general circulation in the City of Bridgeton.

In case of an adverse report by the Commission on such proposed amendment, supplement, change, modification, repeal or special use permit, such proposal shall not become effective except by the favorable vote of three-fourths (¾) of all members of the City Council. If a protest against such proposed amendment, supplement, change, modification, repeal or special use permit shall be presented in writing to the City Clerk, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the area of the land (exclusive of streets, places and alleys) included within such proposal or within an area determined by lines drawn parallel to one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed or affected by a special use permit, such proposal shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the City Council.

Before any action shall be taken as provided in this Section, the party or parties proposing or recommending a change in the district regulations or district boundaries or a special use permit shall deposit with the City of Bridgeton fees in accordance with Section 410.220 of this Chapter to cover the approximate cost of the procedure; and under no conditions shall said fee or any part thereof be refunded for failure of said change to be adopted by the City Council. When any applicant for a special use permit or zoning change, amendment, supplement, modification or repeal of either the boundaries or the regulations or restrictions of this Chapter shall have been unsuccessful in obtaining said special permit, zoning change, amendment, supplement, modification or repeal, no similar application for the same change shall be received, processed, filed, heard or studied by an official or any board of the City until six (6) months have elapsed from the date of denial or failure to pass such application.

No application for special use permit or for change, amendment, supplement, modification or repeal shall be valid under this Section if a similar application shall within six (6) months prior thereto have been unsuccessful.

In the event the Council shall have voted to deny or refuse any such application for special use permit or change, amendment, supplement, modification or repeal or should the Council fail to pass an ordinance to grant such permit or to change, amend, supplement, modify or repeal this Chapter, the matter inaugurated by said application shall be deemed to have been finally terminated, and the Council shall not vote further thereon at any meeting subsequent to final action by the Council either because of a change of attitude or mind of any Councilperson or for alleged error or mistake of law of fact, but a new application shall be required, including compliance with all of the procedural prerequisites of change or amendment or supplement or modification or repeal of zoning regulations to change, amend, supplement, modify or repeal including the above requirements as to lapse of time before the resubmission of application.

Section 410.210 The Planning Commission.

[Ord. No. 70-25 §21, 3-18-1970]

The Planning Commission is hereby vested with the following jurisdiction and authority:

To receive from the City Clerk copies of all proposed ordinances (other than those originating from the Planning Commission) for the amendment, supplement, change or repeal of the Zoning Ordinance or for the authorization of any special uses as set forth in this Chapter.

To consider all such proposed ordinances referred to it and to hold public hearings thereon in the manner prescribed by law.

Following public hearings, to submit to the City Council a report and recommendations on each such proposed ordinance for the amendment, supplement, change or repeal of the Zoning Ordinance or for the authorization of a special use permit.

On its own initiative, to petition the City Council, requesting an amendment, supplemental, change or repeal of the Zoning Ordinance, provided that it has first held public hearings thereon in the manner set out in Sections 89.010 to 89.144, RSMo., and as may be prescribed by this Chapter.

Section 410.220 Fees.

[Ord. No. 070-25 §22, 3-18-1970; Ord. No. 80-77, 10-29-1980; Ord. No. 93-77, 9-1-1993; Ord. No. 04-34 §11, 5-19-2004]

The filing fee for a petition for a change of zoning district boundaries or special use permit shall be based on the area contained in the property in question according to the following schedule.

	Acreage	Fee
	Less than 2 acres	$300.00
	2 to 10 acres	$500.00
	Over 10 acres	$800.00

The fees to be charged for the various procedures in this Chapter are not refundable, except where petitions or applications are withdrawn before substantial processing has been undertaken and then only by order of the City Council.

All fees shall be made payable to the City of Bridgeton and shall be turned over to the City Clerk and credited to the General Revenue Fund of the City of Bridgeton.

There shall be a fee of four hundred dollars ($400.00) for a petition to amend the text of this Zoning Ordinance, whether the petition is successful or not.

Section 410.230 Violations.

[Ord. No. 70-25 §23, 3-18-1970]

In case any building or structure is erected, constructed, reconstructed, altered, converted or any building or structure or land is occupied or used in violation of this Chapter or other regulation or resolution of the City Council made under authority conferred hereby, the City Engineer or Building Official, or the City of Bridgeton as a corporation, or any interested person may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, occupancy or use to restrain, correct or abate such violation to prevent the occupancy of said building or land or to prevent any illegal act, conduct, business, occupancy or use in, and to, and on such premises.

Section 410.240 Penalties.

[Ord. No. 70-25 §24, 3-18-1970]

The owner or manager of a building or premises where a violation of any provision of this Chapter and regulations adopted thereunder has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, manager, lessee or tenant of any part of the building in which such violation has been committed or shall exist, or the manager architect, builder, contractor or any other person who commits, takes part or assists in any such violation, or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation shall continue, but if the offense be willful, on conviction thereof the punishment shall be a fine of not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00) for each and every day that such violation shall continue or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court. Any such person who having been served with an order to remove any such violation shall fail to comply with said order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of this Chapter in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).

Section 410.250 Validity.

[Ord. No. 70-25 §25, 3-18-1970]

Should any Section, clause or provision of this Chapter be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid.

Section 410.260 Repeal.

[Ord. No. 70-25 §26, 3-18-1970]

Ordinance No. 275, the Bridgeton Zoning Ordinance, and all amendments, additions and supplements thereto and all ordinances in conflict with the provisions of this Chapter are hereby repealed as of the effective date of this Chapter.