[Ord. No. 70-25 §1, 3-18-1970]
This Chapter shall be known and may be cited and referred to
as the "Bridgeton Zoning Ordinance".
[Ord. No. 70-25 §2, 3-18-1970]
A.
This
Zoning Ordinance is adopted for the following purposes:
1.
To promote the public health, safety, comfort, morals, convenience
and general public welfare;
2.
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;
3.
To provide adequate light, air, privacy and convenience of access
to property;
4.
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;
5.
To lessen or avoid congestion in the public streets;
6.
To provide for the needs of industry, business and residence in future
growth;
7.
To promote healthful surroundings for family life in residential
areas;
8.
To fix reasonable standards to which buildings or structures shall
conform;
9.
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.
[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]
A.
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.
B.
Rules.
1.
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.
2.
The word "shall" is mandatory and not discretionary.
3.
The word "may" is permissive.
4.
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".
C.
ACCESSORY BUILDING OR USE
1.
2.
3.
4.
ACCESSORY USE
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
ACREAGE
ADULT BOARDING FACILITY
ADULT DAY CARE FACILITY
ADULT OR SEXUALLY-ORIENTED ESTABLISHMENTS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
a.
b.
c.
d.
e.
15.
16.
17.
18.
19.
20.
a.
b.
c.
ALLEY
ALTERNATIVE FINANCIAL SERVICE ESTABLISHMENT
ANTIQUE/COLLECTIBLE SHOPS
APARTMENT
ASSISTED LIVING FACILITY (ALF)
1.
2.
3.
4.
AUDITORIUM
AUTOMOBILE DETAILING
AUTOMOBILE REPAIR, MAJOR
AUTOMOBILE REPAIR, MINOR
AUTOMOBILE SERVICE STATION
AUTOMOBILE WRECKING YARD
BANQUET HALL
1.
2.
3.
BASEMENT
BLOCK
BOARDING HOUSE
BOTTLE CLUB
BREWPUB
BUILDABLE AREA
BUILDING
BUILDING, COMPLETELY ENCLOSED
BUILDING HEIGHT
BUILDING, NON-CONFORMING
BUILDING PRINCIPAL
BUILDING SETBACK LINE
BULK
CELLAR
CHECK CASHING ESTABLISHMENT
CHILD CARE
CHILDREN'S HOME
CLINIC, MEDICAL OR DENTAL
CLINIC OR MEDICAL HEALTH CENTER
CLUB OR LODGE, PRIVATE
COIN AND/OR PHILATELIC SHOP
COLLEGE/UNIVERSITY
COMMUNITY CENTER OR YOUTH CENTER
COMPREHENSIVE MARIJUANA FACILITY
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
CONDOMINIUM PROPERTY
CONSUMER
COURT OR COURTYARD
COVERAGE, LOT
CURB LEVEL
DANCE HALL
DAY CARE CENTER
DAY CARE CENTER, RELIGIOUS INSTITUTION
DAY CARE HOME
DHSS
DINING ROOM
DISTRICT
DRIVE-IN
DWELLING
DWELLING, MULTIPLE-FAMILY
DWELLING, ROW (PARTY-WALL)
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
EASEMENT
EDUCATIONAL INSTITUTION
[2]
ELECTRONIC GAME ROOM
EXTENDED STAY LODGING ESTABLISHMENT
FAMILY
FARM
FENCE, CLOSED
FENCE, OPEN
FINANCIAL INSTITUTION
FOOD BANK
FOOD PANTRY (FOOD SHELF)
FRATERNAL ORGANIZATION OR LODGE HALL
FUEL BULK STATION
GARAGE, PRIVATE
GARAGE, PUBLIC
GIFT SHOP, NOTIONS OR SUNDRIES STORE
GOLF COURSE
GROUP HOME
GUEST ROOM
HOME OCCUPATION
1.
2.
3.
4.
5.
6.
7.
8.
9.
HOMELESS EMERGENCY CENTER (OVERNIGHT SHELTER)
1.
2.
HOMELESS SERVICE CENTER
HOMELESS SUPPORT CENTER (DAY SHELTER)
HOSPITAL OR SANITARIUM
INDOOR THEATER
INFLATABLE DEVICE
INFUSED PREROLL
INTERMEDIATE CARE FACILITY
JEWELRY STORE
JUNK YARD
LIMOUSINE
LIMOUSINE SERVICE
LINE OF BUILDING (FOR MEASURING YARDS)
LIVE OR AMPLIFIED ENTERTAINMENT
LOADING AREA
LOADING SPACE
LODGING ESTABLISHMENT
LODGING OR ROOMING HOUSE
LONG-TERM CARE FACILITY
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT DEPTH
LOT FRONTAGE
LOT, INTERIOR
LOT LINE, FRONT
LOT LINE, INTERIOR
LOT LINE, REAR
LOT OF RECORD
LOT, THROUGH
LOT WIDTH
MARIJUANA ACCESSORIES
MARIJUANA or MARIHUANA
MARIJUANA FACILITY
MARIJUANA-INFUSED PRODUCTS
MARIJUANA TESTING FACILITY
MARINA
MEDICAL MARIJUANA CULTIVATION FACILITY
MEDICAL MARIJUANA DISPENSARY FACILITY
MEDICAL MARIJUANA FACILITY
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
MEETING ROOM OR CONFERENCE ROOM
MICROBREWERY RESTAURANT
MOBILE FOOD VENDOR
MOBILE HOME
MOBILE HOME PARK OR TRAILER PARK
NIGHTCLUB OR DISCOTHEQUE
NON-CONFORMING USE
NURSERY SCHOOL
OCTAVE BAND
ORDINANCE
PARKING FACILITY
PARKING SPACE
PLANNED DEVELOPMENT
PLANNING COMMISSION
PORCH
PRECIOUS METAL AND GEM BUYING ESTABLISHMENT
PREROLL
PRIMARY CAREGIVER
PUBLIC UTILITY
QUALIFYING PATIENT
RELIGIOUS INSTITUTION
RESIDENTIAL CARE FACILITY (RCF)
RESTAURANT
1.
2.
RESTAURANT, FAST-FOOD
RINGLEMANN NUMBER
SEMI-PERMANENT GUEST
SETBACK LINE, BUILDING
SHORT-TERM LOAN ESTABLISHMENT
1.
2.
3.
4.
SHORT-TERM RENTAL
SKILLED NURSING FACILITY
SMOKE UNITS
SODA FOUNTAIN OR CANDY SHOP
SPECIAL EVENT
1.
2.
SPECIAL EVENT SIGN
1.
2.
SPECIAL USE
STATE ADULT-USE MARIJUANA REGULATIONS
STATE MARIJUANA REGULATIONS
STATE MEDICAL MARIJUANA REGULATIONS
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURAL ALTERATIONS
STRUCTURE
TATTOO/PIERCING/BODY MODIFICATION ESTABLISHMENTS
1.
2.
TAVERN OR SALOON
TEA ROOM OR COFFEE HOUSE
TERRACE, OPEN
THRIFT/CONSIGNMENT DROP-OFF CENTER
THRIFT/CONSIGNMENT STORE
TOBACCO ACCESSORY SHOP
TOBACCO SHOP
TRADE OR BUSINESS SCHOOL/COLLEGE
TRAILER
TRAILER CAMP
TRANSIENT GUESTS
TRUCK TERMINAL
USE
VARIETY STORE
WAREHOUSE
WAREHOUSING AND DISTRIBUTION
WINERY
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING ADMINISTRATOR
ZONING MAPS
Definitions. Unless the context otherwise requires, the
following definitions shall be used in the interpretation of this
Chapter:[1]
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.
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;
Carports; and
Public utility communication, electric, gas, water and sewer
lines, their supports and incidental equipment.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
REGULARLY: The consistent and repeated doing
of the act so described.
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.
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.
SEX TOY: Instruments, devices, or paraphernalia
which are designed for use or marketed primarily for stimulation of
the human genital organs.
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.
A public way, not more than thirty (30) feet wide, which
affords only a secondary means of access to abutting property.
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.
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.
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.
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.
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.
Washing and polishing of the exterior of automobiles, as
well as the interior and upholstery, but not including the cleaning
and degreasing of engines.
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.
Incidental repairs, replacement of parts, and motor service
to automobiles, but not including any operation specified under "AUTOMOBILE REPAIR — MAJOR".
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.
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.
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.
|
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.
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.
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.
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.
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.
The space remaining on a lot after the minimum open space
requirements of this Chapter have been complied with.
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.
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.
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.
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.
Any building not an accessory building.
A line parallel to the street line at a distance from it,
regulated by the front yard requirements set up in this Chapter.
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.
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.
A business engaged in check cashing for a fee and which may
or may not provide short-term loans for a fee.
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.
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.
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]
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.
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.
See Antique/Collectible Shops.
An institution for post-secondary education, public or private,
offering courses in general, technical, trade or religious education
and not operated for profit.
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).
A comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, or a comprehensive marijuana-infused
products manufacturing facility.
[Ord. No. 23-21, 5-17-2023]
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]
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]
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]
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.
A person who is at least twenty-one (21) years of age.
[Ord. No. 23-21, 5-17-2023]
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.
See "LOT COVERAGE".
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".
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.
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.
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.
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.
Missouri Department of Health and Senior Services, or its
successor agency.
[Ord. No. 19-12, 8-7-2019]
A banquet hall located within and accessory to a hotel or
motel. See Banquet Hall.
Any section of the City of Bridgeton within which the zoning
regulations are uniform.
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.
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]
A building or portion thereof designed or altered for occupancy
by three (3) or more families living independently of each other.
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.
A building designed exclusively for use and occupancy by
one (1) family and entirely separated from other dwellings by space.
A building designed or altered to provide dwelling units
for occupancy by two (2) families living independently of each other.
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.
The right of a person, government agency or public utility
company to use public or private land owned by another for a specific
purpose.
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.
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".
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]
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.
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.
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.
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.
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.
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]
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]
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.
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.
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.
Any building or premises used for equipping, repairing, hiring,
selling or storing motor-driven vehicles.
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.
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.
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]
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]
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.
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.
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]
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]
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]
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.
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]
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]
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.
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.
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.
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.
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.
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.
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.
One (1) or more loading spaces, together with necessary maneuvering
space, and aisles and driveways.
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]
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]
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.
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.
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.
The total horizontal area within the lot lines of the lot.
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.
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.
The horizontal distance between the front and rear lot lines
measured in the mean direction of the side lot lines.
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.
A lot other than a corner lot.
The front property line of a lot.
A side lot line common with another lot.
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.
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.
A lot having frontage on two (2) parallel or approximately
parallel streets with access to both streets, and which is not a corner
lot.
The horizontal distance between the side lot lines measured
at right angles to the lot depth at the established front building
lines.
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]
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]
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]
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]
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]
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.
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]
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]
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]
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]
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.
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.
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.
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.
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]
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.
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.
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.
A means of dividing the range of sound frequencies into octaves
in order to classify sound according to pitch.
Reference to "ordinance" herein shall be construed as the
Zoning Ordinance.
One (1) or more parking spaces together with necessary aisles
and driveways.
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.
A tract of land developed pursuant to Section 410.090 of this Chapter.
The City of Bridgeton Planning Commission, also known as
the Planning and Zoning Commission.
A roofed-over structure projecting out from the wall or walls
of a main structure and commonly open to the weather in part.
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.
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]
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]
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.
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]
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]
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.
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.
|
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.
The number of the area on the Ringlemann Chart that coincides
most nearly with the visual density of emission.
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]
See "BUILDING SETBACK LINE".
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.
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]
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.
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.
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.
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).
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.
Any use of land or buildings, or both, described and permitted
under the special use provisions of this Chapter.
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]
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]
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]
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.
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.
A public way other than an alley.
A line separating an abutting lot, piece or parcel from a
street.
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.
Any thing constructed or erected which requires location
on the ground or is attached to something having location on the ground.
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:
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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.
|
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.
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.
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.
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]
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]
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.
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]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".
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.
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.
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]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The City Engineer or assigns.
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.
[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]
A.
In
order to carry out the purposes and provisions of this Chapter, the
City of Bridgeton, Missouri, is hereby divided into the following
districts:
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Residential Districts
|
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"R-1" Single-Family Dwelling District
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"R-1A" Single-Family Dwelling District
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"R-2" Single-Family Dwelling District
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"R-3" Single-Family Dwelling District
| |
"R-4" Single-Family Dwelling District
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"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
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"B-2" Community Business District
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"B-3" Travel/Entertainment Services District
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"B-4" General Commercial District
|
Manufacturing Districts
| |
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"M-1" Manufacturing District, Limited
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"M-2" Manufacturing District
|
Special Districts
| |
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"A" Rural District
| |
"B-5" Planned Commercial District
| |
"M-3" Planned Manufacturing District
|
B.
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.
C.
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.
D.
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.
E.
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:
1.
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;
2.
Where district boundary lines are indicated as approximately following
lot lines, such lot lines shall be construed to be such boundaries;
and
3.
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%).
[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]
A.
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.
B.
Height And Area — Exceptions And Modifications.
1.
Height.
a.
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.
b.
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.
c.
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.
d.
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.
2.
Area.
a.
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.
b.
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.
c.
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.
3.
Front yards. The front yards herein established
shall be adjusted in the following cases:
a.
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.
b.
Through lots abutting on two (2) streets shall provide the required
front yard on both streets.
c.
On corner lots a front yard shall be provided on each street.
d.
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.
4.
Side yards. The side yards herein established shall
be adjusted in the following cases:
a.
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.
b.
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.
C.
Permitted Obstructions In Required Yards. The following
shall not be considered to be obstructions when located in the required
yards specified:
1.
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.
2.
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.
3.
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.
4.
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.
D.
Lot Area And Dimensions.
1.
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.
2.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
1.
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.
J.
Fence Regulations.
1.
All fences in all districts shall conform to the provisions of this
Section.
2.
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.
3.
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.
4.
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.
5.
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.
a.
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.
6.
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.
7.
Walls or fences required by the City for purposes of screening outdoor
storage, parking areas and recreational areas may be located in any
yard.
K.
Special Events. The following conditions must be
adhered to for each category of special event.
1.
Civic events.
a.
Civic events shall satisfy the general conditions for special events contained in Section 410.050(K)(3) below.
b.
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.
c.
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.
d.
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.
2.
Sales and promotional events.
a.
Sales and promotional events shall satisfy the general conditions for special events contained in Section 410.050(K)(3) below.
b.
Sales and promotional events shall be permitted within any "B"
or "M" Zoning District.
c.
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.
d.
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.
3.
General conditions for special events.
a.
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.
b.
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.
c.
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.
d.
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.
e.
Special events may utilize signage as permitted herein.
f.
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.
g.
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.
h.
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.
i.
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.
j.
No outdoor activities shall block traffic movement on any street.
k.
The use of any sound system shall be controlled so as not to
become a nuisance to adjacent properties.
l.
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.
m.
Flashing and moving lights shall not be utilized, except that
carnivals may employ up to two (2) arc-light devices.
n.
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.
o.
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.
p.
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.
q.
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.
r.
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:
(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.
s.
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.
4.
Issuance of special event permits.
a.
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.
5.
Revocation of special event permits.
a.
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.
L.
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.
M.
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.
N.
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.
O.
Adult Or Sexually-Oriented Establishments.
1.
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.
2.
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:
3.
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.
4.
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.
5.
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.
6.
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.
P.
Homeless Service Centers And Homeless Support Centers.
[Ord. No. 15-19 §4, 6-17-2015]
1.
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:
2.
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.
3.
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.
4.
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.
Q.
Regulations For Group Home Providers.
[Ord. No. 15-29 §3, 11-4-2015]
1.
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.
a.
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:
b.
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.
c.
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.
R.
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]
1.
All medical marijuana facilities and marijuana facilities shall comply
with the following site requirements:
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
h.
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.
i.
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.
j.
The sale or consumption of alcohol within a medical marijuana facility
or marijuana facility is prohibited.
k.
Each medical marijuana facility and marijuana facility shall at all
times possess a current City business license.
2.
All medical marijuana dispensary facilities and comprehensive marijuana
dispensary facilities shall comply with the following additional site
requirements:
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
3.
Residential Cultivation.
a.
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.
4.
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.
[Ord. No. 70-25 §6, 3-18-1970; Ord. No. 05-42 §1, 9-21-2005]
A.
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.
B.
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.
C.
Plats. Every application for a building permit shall be
accompanied by:
1.
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.
2.
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.
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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.
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D.
Certificate Of Occupancy.
1.
Scope of permits — new buildings and uses.
a.
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.
b.
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.
c.
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.
d.
Application for temporary certificate. Every application
for a temporary certificate shall be made in writing directly to the
office of the Zoning Administrator.
e.
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.
f.
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.
2.
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.
[Ord. No. 70-25 §7, 3-18-1970; Ord. No. 70-97, 11-18-1970; Ord. No. 97-62, 9-17-1997]
A.
Continuance Of Use.
1.
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.
2.
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.
3.
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.
B.
Discontinuance Of Use.
1.
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.
2.
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.
3.
Where no enclosed building is involved, discontinuance of a non-conforming
use for a period of six (6) months shall constitute abandonment.
C.
Change Of Use.
1.
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.
2.
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.
D.
Termination And Removal Of Non-Conforming Use.
1.
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.
a.
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.
b.
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.
c.
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.
2.
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.
E.
Repairs And Alterations.
1.
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.
2.
No structural alterations shall be made in a building or other structure
containing a non-conforming use, except in the following situations:
a.
When the alteration is required by law.
b.
When the alteration will actually result in eliminating the non-conforming
use.
c.
When the alteration improves the appearance of a non-conforming building,
such as a new store front or the elimination of a porch.
d.
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.
F.
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.
G.
Additions And Enlargements.
1.
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.
2.
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.
3.
No non-conforming building in any residential district shall be so
altered as to increase the number of dwelling units therein.
4.
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.
H.
Exceptions.
1.
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).
a.
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.
b.
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.
c.
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.
[Ord. No. 70-25 §8, 3-18-1970; Ord. No. 72-47, 6-7-1972; Ord. No. 97-62, 9-17-1997]
A.
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.
B.
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.
C.
Procedures For A Special Use Permit.
1.
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.
2.
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.
3.
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:
a.
Traffic conditions;
b.
Fire hazards;
c.
The character of the neighborhood;
d.
The general welfare of the community;
e.
Public utilities.
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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.
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4.
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.
D.
Revocation Of Special Use Permit.
1.
Authorization.
a.
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.
b.
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.
2.
Procedure for revocation by Council.
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
[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]
A.
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.
B.
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.
1.
Permitted uses.
a.
Low-rise garden type apartments and town houses;
b.
Cluster housing;
c.
Row houses;
d.
Zero lot line houses;
e.
Detached single-family residences.
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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.
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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.
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2.
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.
3.
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.
a.
That the property adjacent to the area included in the plan will
not be adversely affected.
b.
That the plan is consistent with the intent and purpose of this Chapter
to promote public health, safety, morals and general welfare.
c.
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.
d.
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.
e.
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.
4.
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:
a.
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:
b.
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.
c.
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.
5.
No Community Unit Plan shall be considered by the Council unless
the plan shall contain:
a.
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.
b.
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.
c.
Provisions for bond or escrowed funds conditioned upon the completion
as planned of the common element facilities.
6.
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.
7.
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.
8.
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.
9.
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.
C.
Planned Single-Family Residential Unit Development.
1.
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.
2.
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.
3.
The City seeks the following objectives:
a.
Creation of a more desirable development than would be possible through
strict application of the zoning regulations.
b.
Encourage a creative approach to the use of land resulting in better
design, amenities and overall development.
c.
Combination and coordination of building styles, forms and building
relationships.
d.
Preservation and enhancement of desirable site characteristics and
open space.
e.
Use of design, landscape or architectural features to encourage a
pleasing environment.
4.
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).
5.
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.
6.
Permitted uses. The following types or combinations
thereof of single-family housing units are permitted:
7.
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.
8.
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:
a.
One (1) copy of the legal description.
b.
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.
9.
Two (2) off-street parking spaces shall be provided for each dwelling
unit.
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.
D.
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.
1.
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).
2.
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).
3.
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.
4.
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.
a.
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).
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.
c.
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.
d.
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.
[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]
A.
Accessory Buildings Located In Residential Zoning Districts.
1.
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:
a.
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.
b.
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.
c.
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.
2.
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.
3.
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.
4.
Accessory buildings shall not be nearer than five (5) feet to any
side or rear lot line, except as follows:
a.
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.
b.
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.
c.
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.
d.
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.
5.
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.
6.
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.
7.
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.
8.
All metered utility services for any accessory building shall be
provided from the primary structure and shall not be separately metered.
B.
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.
C.
Accessory Buildings And Structures Located In All Zoning Districts.
1.
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.
2.
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.
3.
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:
4.
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.
5.
Swimming pools shall only be located in side and rear yards, subject
to the following requirements:
6.
On corner lots, accessory buildings and structures shall satisfy
the front yard requirements contained in this Section on all streets.
7.
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.
8.
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.
[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]
A.
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.
B.
General Provisions.
1.
Applicability of regulations.
a.
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.
b.
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.
c.
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.
d.
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.
2.
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.
3.
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.
a.
For single- and two-family dwellings. On the same
lot as the dwelling.
b.
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.
c.
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.
d.
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.
e.
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.
4.
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.
C.
Off-Street Parking Requirements.
1.
Schedule of requirements.
a.
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.
b.
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]
c.
Mobile home parks, trailer courts or camps: two (2) parking spaces
for each mobile home and trailer pad or space.
d.
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.
e.
Lodging or rooming house: one (1) parking space for each bed.
f.
Hospital: two (2) parking spaces for each bed, plus one (1) additional
parking space for each two (2) employees, including physicians and
nurses.
g.
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.
h.
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.
i.
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.
j.
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.
k.
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.
l.
Indoor theater: one (1) parking space for each two (2) seats, plus
one (1) additional parking space for each two (2) employees.
m.
Church, synagogue or temple: one (1) parking space for each three
(3) seats provided in the principal auditorium.
n.
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.
o.
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.
p.
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.
q.
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.
r.
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.
s.
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).
t.
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.
u.
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.
2.
Off-street parking terminology.
a.
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.
b.
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.
c.
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.
D.
Off-Street Loading Requirements. In all districts where
the use of property includes the regular loading or unloading of materials
or merchandise from vehicles:
1.
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.
2.
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.
3.
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
|
E.
Design And Maintenance.[1]
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.
2.
Size of spaces and aisles.
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
h.
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.
i.
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.
j.
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).
3.
Setbacks, landscaping and screening.
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
h.
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.
4.
Construction, lighting and signs.
a.
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.
|
b.
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.
c.
No signs shall be displayed on any parking facility except those
necessary for the orderly use of the facility.
d.
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.
5.
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.
6.
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.
[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]
A.
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:
1.
To protect residential areas against fire, explosion, noxious fumes,
offensive noise, smoke, vibrations, dust, odors, heat, glare, and
other objectionable factors.
2.
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.
3.
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.
4.
To protect and promote the public health and comfort by providing
for ample light and air to buildings and the windows thereof.
5.
To promote public comfort and welfare by providing for usable open
space on the same lot with residential development.
6.
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.
7.
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.
B.
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
| ||||||||
---|---|---|---|---|---|---|---|---|---|
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.
|
[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]
A.
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:
1.
"B-1" Local Business. To permit uses which provide
principally goods and services for the convenience of persons residing
in the immediate residential area.
2.
"B-2" Community Business. To permit uses which provide
principally goods and services for consumption by the non-commercial
public.
3.
"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.
4.
"B-4" General Commercial. To permit all other business
uses not considered incompatible with the general purposes stated
above.
B.
The
following table represents the requirements of the business and manufacturing
districts.
REQUIREMENTS
|
ZONING DISTRICT
| ||||||
---|---|---|---|---|---|---|---|
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.
|
C.
"B-1" Local Business District.
1.
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.
a.
Bakery not exceeding five thousand (5,000) square feet of gross floor
area.
b.
Barber shop; beauty parlor.
c.
Business and/or professional office not exceeding three thousand
(3,000) square feet of gross floor area, including governmental office.
d.
Butcher shop or meat market.
e.
Candy shop.
f.
Dairy products store.
g.
Day care center.
h.
Delicatessen.
i.
Drug store not exceeding five thousand (5,000) square feet of gross
floor area.
j.
Dry cleaning and/or laundry pickup and/or self-service store.
k.
Florist but not including greenhouses.
l.
Fruit market.
m.
Grocery store or supermarket not exceeding five thousand (5,000)
square feet of gross floor area.
n.
Hardware store not exceeding five thousand (5,000) square feet of
gross floor area.
o.
Health food store.
p.
Library.
q.
Locksmith.
r.
Magazine and newsstand.
s.
Public park operated by a governmental jurisdiction.
t.
School — dancing, music, nursery.
u.
Seafood store.
v.
Shoe repair shop.
w.
Tobacco shop.
x.
Variety store not exceeding five thousand (5,000) square feet of
gross floor area.
y.
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.
z.
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]
2.
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.
a.
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.
b.
Community center or youth center operated by a public agency.
c.
Funeral home or mortuary.
d.
Radio and/or television transmitting tower.
e.
(Reserved)
f.
Utility facility, including poles and lines exceeding the maximum
height limit.
g.
Variety store — where twenty-five percent (25%) of the gross
revenue is gained in the manufacturing, sales or rental of videos.
h.
Thrift/consignment store.
[Ord. No. 15-19 §5, 6-17-2015]
i.
Medical or dental clinic.
[Ord. No. 15-19 §5, 6-17-2015]
j.
Comprehensive marijuana dispensary facility.
[Ord. No. 23-21, 5-17-2023]
D.
"B-2" Community Business District.
1.
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.
a.
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.
b.
Antique shop; art gallery and/or studio; coin and/or philatelic shop;
hobby shop; picture framing shop.
c.
Apparel store; costume or formal wear rental; custom dress shop;
furrier; haberdashery; shoe store; tailor shop.
d.
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.
e.
Automobile accessory store but not including repair, service or installation
work.
f.
Financial institution.
g.
Book store; gift shop; notions or sundries store; school supply store;
stationery store.
h.
Business machine sales and repair; computer sales and repair; typewriter
sales and repair.
i.
Business and/or professional office, including governmental office.
j.
Camera store; photographic studio; photographic supply store.
k.
Department store; discount store; dry goods store; variety store.
l.
Drug store.
m.
Funeral home or mortuary.
n.
Furniture store; interior decorating, including upholstery and the
making of draperies, slipcovers and similar articles when incidental
to a retail operation.
o.
Grocery store or supermarket; frozen food store and/or locker.
p.
Hardware store; garden supply store but not including greenhouses;
paint store; wallpaper store.
q.
Jewelry store; clock repair; watch repair.
r.
Leather goods store; luggage store.
s.
Medical and dental supply and equipment store but not including rental.
u.
Musical instrument sales and repair store but not including rental.
v.
Pet shop but not including animal hospital or kennel.
w.
Postal facility; telegraph office; utility collection office.
x.
Public park operated by a governmental jurisdiction.
y.
Sporting goods store; bicycle sales and repair shop.
z.
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]
2.
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.
a.
Animal hospital or kennel; veterinary clinic; provided such activities
are conducted wholly within an enclosed building.
b.
Auditorium; community center; stadium; youth center.
c.
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)
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.
d.
Automobile repair, major and minor, provided that the activity is
conducted wholly within an enclosed building.
e.
Billiard parlor; bowling alley; electronic game room.
f.
Car wash, provided that the use is visually screened from adjacent
property in any "R" District.
g.
Cemetery.
h.
Hospital; residential care facility; intermediate care facility;
skilled nursing facility.
i.
Liquor store, packaged goods only.
j.
Outdoor display and/or sale of merchandise.
k.
Physical culture establishment but not including a massage parlor.
l.
Radio and/or television transmitting tower.
m.
Rental service establishment; any type except costume or formal wear
but not including motor vehicles.
n.
(Reserved)
o.
Schools — business, trade.
p.
Trailer park; mobile home park.
q.
Utility facility, including poles and lines exceeding maximum height
limit.
r.
(Reserved)
s.
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.
t.
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.
u.
Automobile detailing.
v.
Variety store where twenty-five percent (25%) of the gross revenue
is gained in the manufacturing, sales or rental of videos .
w.
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).
x.
Administrative business office for contractor, limited to administrative
personnel and field employees; not including on-site parking or storage.
y.
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.
z.
Adult day care center.
aa.
Alternative financial service establishments.
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).
(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.
E.
"B-3" Travel/Entertainment Services District.
1.
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.
a.
Art gallery and/or studio; library; museum.
b.
Financial institution.
c.
Barber shop; beauty parlor.
d.
Business and/or professional office, including governmental office.
e.
Drug store.
f.
Dry cleaning and/or laundry pickup and/or self-service store.
g.
Florist, but not including greenhouses.
h.
Fraternal organization; lodge hall.
i.
Gift shop.
j.
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.
k.
Magazine and newsstand.
l.
Physical culture establishment, but not including massage parlor.
m.
Postal facility; telegraph office.
n.
Public park operated by a governmental jurisdiction.
o.
Theater, indoor only.
p.
Travel agency; transportation ticket office.
q.
Accessory uses and/or buildings as defined in Section 410.030(B).
r.
Luggage and leather goods, sales and repair.
s.
Churches.
t.
Restaurant, fast-food restaurant; soda fountain; tea room.
[Ord. No. 23-12, 2-15-2023]
u.
Medical Marijuana Dispensary Facility.
[Ord. No. 19-12, 8-7-2019; Ord.
No. 23-12, 2-15-2023]
v.
Apparel store; costume or formal wear rental; custom dress shop;
shoe store; tailor shop.
[Ord. No. 23-12, 2-15-2023]
w.
Appliance sales and service.
[Ord. No. 23-12, 2-15-2023]
x.
Automobile accessory store but not including repair, service, or
installation work.
[Ord. No. 23-12, 2-15-2023]
y.
Department store.
[Ord. No. 23-12, 2-15-2023]
z.
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]
2.
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.
a.
Auditorium.
b.
Automobile parking.
c.
Automobile repair, major and minor, provided that the activity is
conducted wholly within an enclosed building.
d.
Automobile service station (including accessory convenience store
not exceeding five thousand (5,000) square feet in floor area), provided
that:
e.
Billiard parlor; bowling alley; electronic game room.
f.
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.
g.
Bus terminal, intercity.
h.
Car wash, provided that the use is visually screened from adjacent
property in any "R" District.
i.
Cemetery.
j.
Hospital; residential care facility; intermediate care facility;
skilled nursing facility.
k.
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.
l.
Nightclub; tavern or saloon; dance hall; discotheque.
m.
Outdoor display and/or sales of merchandise.
n.
Radio and/or television transmitting tower.
o.
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]
p.
(Reserved)
q.
Trailer park; mobile park.
r.
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.
s.
Utility facility, including poles and lines exceeding maximum height
limit.
t.
(Reserved)
u.
Automobile detailing.
v.
Variety store where twenty-five percent (25%) of the gross revenue
is gained in the manufacturing, sales or rental of videos.
w.
Day care centers; adult day care centers.
x.
Limousine service.
y.
Lodging establishment on-site manager's permanent living quarters.
[Ord. No. 13-38 §6, 9-4-2013]
z.
Alternative financial service establishments.
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]
F.
"B-4" General Commercial District.
1.
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).
a.
Agricultural implement sales and repair establishment; provided that
all repair services are conducted wholly within an enclosed building.
b.
Air conditioning and heating sales and repair establishment; plumbing
supply and repair establishment.
c.
Building material sales when wholly conducted within an enclosed
building; glass cutting and glazing establishment; roofing and sheet
metal shop.
d.
Business machine sales and repair; computer sales and repair; typewriter
sales and repair.
e.
Business and/or professional office, including governmental office.
f.
Creamery or dairy plant.
g.
Dry cleaning plant; laundry plant.
h.
Feed and seed store.
i.
Food catering establishment.
j.
Greenhouse; wholesale and retail florist.
k.
Laboratory — medical, dental, research, experimental, testing,
photographic but not including the production or manufacture of products.
l.
Photographic development plant.
m.
Printing establishment; blueprinting and photostating establishment;
job printer; printing, publishing and/or distribution of books, magazines
and/or newspapers; book bindery.
n.
Public park or playground operated by a governmental jurisdiction.
o.
Radio and/or television broadcasting studio.
p.
Silver plating and repair shop.
q.
School — business, trade.
r.
Wholesale business, provided that the business activity is conducted
on the premises and the building is not used only for storage and/or
warehousing.
s.
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.
t.
Accessory uses and/or buildings as defined in Section 410.030(B).
u.
Churches.
v.
Restaurant, not including fast-food restaurant.
w.
Medical marijuana dispensary facility.
[Ord. No. 19-12, 8-7-2019]
x.
Marijuana testing facility.
[Ord. No. 19-12, 8-7-2019; Ord.
No. 23-21, 5-17-2023]
2.
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.
a.
Animal hospital or kennel; veterinary clinic.
b.
Automobile repair, major and minor; provided that the activity is
conducted wholly within an enclosed building.
c.
Automobile service station (including accessory convenience store
not exceeding one thousand (1,000) square feet in floor area), provided
that:
d.
Boat sales and repair establishment; provided that repair services
are conducted wholly within an enclosed building.
e.
Recreational vehicle parking (including boats, trailers and motor
homes); motor vehicle parking.
f.
Car wash.
g.
Cemetery.
h.
Community center; stadium; youth center.
i.
Contractor's office and shop; provided no fabricating is done on
the premises and further provided all storage is wholly within an
enclosed building.
j.
Exterminating establishment.
k.
Hospital.
l.
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.
m.
Public auction room; rummage shop.
n.
Radio and/or television transmitting tower.
o.
Rental service establishment — any type except costume or formal
ware, but not including motor vehicles except where incidental to
a motor vehicle sales establishment.
p.
(Reserved)
q.
Taxidermist.
r.
Trailer or mobile homes sales and repair establishment; camper sales
and repair establishment; provided that repair services are conducted
wholly within an enclosed building.
s.
Utility facility, except poles and lines not exceeding maximum height
limit as well as underground lines.
t.
Automobile detailing.
u.
Variety store where twenty-five percent (25%) of the gross revenue
is gained in the manufacturing, sales or rental of videos.
v.
Outdoor display and/or sale of merchandise.
w.
Tattoo/piercing/body modification establishments.
x.
Adult or sexually-oriented establishments.
y.
Medical Marijuana Cultivation Facility.
[Ord. No. 19-12, 8-7-2019]
z.
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]
[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]
A.
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:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
B.
"M-1" Manufacturing District, Limited.
1.
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.
a.
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.
b.
Artificial limb manufacture.
c.
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:
d.
Apparel and other products manufactured from textiles.
e.
Batteries, manufacture and rebuilding.
f.
Bedspring and mattress manufacture.
g.
Belting.
h.
Bicycle manufacture.
i.
Brooms and brushes.
j.
Boat building and repair.
k.
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.
l.
Ground transportation, which includes small buses, vans, cars and/or
limousine service; bus line shops and garages.
m.
Canning and preserving.
n.
Canvas and canvas products.
o.
Carpet and rug cleaning.
p.
Carpet manufacturing.
q.
Carting, express hauling or storage yards.
r.
Cement block manufacture.
s.
Ceramic products, pottery and glazed tile.
t.
Chick hatcheries.
u.
Cleaning and dyeing establishments when employing facilities for
handling more than one thousand (1,000) pounds of dry goods per day.
v.
Cigarettes and cigars.
w.
Coated fabrics, except rubberized.
x.
Cork and cork products.
y.
Creameries and dairies.
z.
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.
bj.
Alternative financial service establishments.
bk.
Food bank.
[Ord. No. 15-19 §8, 6-17-2015]
2.
Permitted land uses with special use permit.
a.
Animal hospital or kennel.
b.
Auditorium, stadium, arena, armory, gymnasium and other similar places
for public events.
c.
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.
d.
Automobile, truck, van and camper sales (new or used) or rental agency.
e.
Boat showroom and sales.
f.
Bus terminal, railroad passenger station, freight terminal or any
other public transportation terminal facilities.
g.
Car wash.
h.
Cemeteries, crematories or mausoleums.
i.
Clean earth landfill, provided that the flood-carrying capacity of
a watercourse is not unduly affected.
j.
Clinic or medical center.
k.
Commercial picnic grounds, golf practice tees, athletic fields, swimming
pools, boat docks, marinas and fee and other commercial fishing and
hunting facilities; golf courses.
l.
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.
m.
Dance hall.
n.
Extraction of gravel, sand or other raw materials.
o.
Fruit stands.
p.
Garages, public, for storage of private passenger automobiles and
commercial vehicles under one and one-half (1½) ton capacity.
q.
Gun clubs or ranges.
r.
High rise buildings.
s.
Municipal or privately-owned recreation building or community center,
including Y.M.C.A. and Y.W.C.A.
t.
Hospital.
u.
Outdoor sales or outdoor displays.
v.
Outdoor yard, garden and nursery shop.
w.
Penal institutions.
x.
Planned developments, subject to all provisions of this Chapter relating
to planned developments.
y.
Public buildings, including art gallery, library, museum or similar
structures.
z.
(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]
3.
Performance standards. These standards are applicable
to all "M" Districts, including Planned Manufacturing. The following
requirements shall apply:
a.
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
| ||
---|---|---|---|
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.
|
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
C.
"M-2" Manufacturing District.
1.
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).
a.
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.
2.
Permitted land uses with special use permit.
a.
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.
3.
Performance standards. Same as those required for
the "M-1" Limited Manufacturing District.
4.
The following table represents
the requirements of the business and manufacturing districts.
REQUIREMENTS
|
ZONING DISTRICT
| |||||
---|---|---|---|---|---|---|
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.
(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.
[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]
A.
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.
B.
"A" Rural District.
1.
Permitted land uses.
a.
Dairy farming.
b.
Hunting, fishing and the propagation of wildlife.
c.
Single-family dwellings.
d.
Commercial vegetable and flower gardening, plant nurseries and greenhouses,
but not including any structure used as a salesroom.
e.
Churches.
f.
Public school, elementary and high, and educational institutions
having a curriculum similar to that ordinarily given in public schools.
g.
Forest, wildlife reservations and conservation projects.
h.
Golf courses, including practice driving tees on the same premises,
but not including miniature courses.
i.
Home occupations.
j.
Accessory building and uses and activities customarily incidental
to any of the above uses.
k.
Private or public park or playground; public park operated by a governmental
jurisdiction.
l.
Medical marijuana testing facility.
[Ord. No. 19-12, 8-7-2019]
m.
Marijuana testing facility.
[Ord. No. 23-21, 5-17-2023]
2.
Permitted land uses with special use permit.
a.
Auditorium, stadium, arena, armory, gymnasium and other similar places
for public events.
b.
Blacksmiths.
c.
Cemeteries, crematories or mausoleums.
d.
Clean earth landfill, provided that the flood-carrying capacity of
a watercourse is not unduly affected.
e.
Commercial or cooperative feed or grain storage.
f.
Commercial picnic grounds, golf practice tees, athletic fields, swimming
pools, boat docks, marinas, and fee and other commercial fishing and
hunting facilities.
g.
Extraction of gravel, sand or other raw materials.
h.
Fruit stands.
i.
Gun clubs or ranges.
j.
Illuminated golf courses and practice driving tees including miniature
golf courses.
k.
Logging operations, sawmills and mill storage of lumber, not including
any fabrication of timber structures.
l.
Motorcross track, go-cart track, BMX track, accessory water pond;
building to house half pipe, street course and concession stand.
m.
Municipal or privately-owned recreation building or community center,
including Y.M.C.A. and Y.W.C.A. buildings.
n.
Outdoor yard, garden and nursery shop.
o.
Penal institutions.
p.
Planned developments, subject to all provisions of this Chapter relating
to planned developments.
q.
Public buildings, including art gallery, library, museum or similar
structures.
r.
(Reserved)
s.
Public or privately-owned and operated fairground, permanent carnivals,
"kiddie parks", or other similar amusement centers.
t.
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.
u.
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.
v.
Recreational camps and camping facilities.
w.
Retreats owned and operated by religious, educational or other not-for-profit
establishment.
x.
Riding stables and kennels.
y.
Salesrooms as an accessory use to commercial gardens, plant nurseries
and greenhouses.
z.
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.
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]
3.
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.
C.
"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.
D.
"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).
[Ord. No. 70-25 §16, 3-18-1970; Ord. No. 92-04, 2-5-1992]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
|
F.
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.
G.
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:
1.
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.
2.
A legal description and street address of the property in or upon
which the petitioner's proposed use will be located (the "tract").
3.
Site plans, eighteen (18) copies, containing the following:
a.
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.
b.
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.
4.
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:
a.
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;
b.
Copies of all studies or analyses upon which projections have been
based for need or demands for the proposed use;
c.
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;
d.
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;
e.
A description of all long-term master plans and of long-range forecasts
for the future use or development of the tract in Bridgeton;
f.
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;
g.
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;
h.
A description of any special construction requirements that may be
required for the proposed use of the tract;
i.
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;
j.
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;
k.
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;
l.
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
m.
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.
5.
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:
a.
The natural and manmade environments within and adjacent to Bridgeton;
b.
The health, safety, morals, comfort and general welfare of the neighborhoods
and of the people of the City of Bridgeton;
c.
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;
d.
The character and stability of the residential, business and manufacturing
areas within the City of Bridgeton and on the development of such
areas;
e.
The light, air, privacy, and convenience of access to property within
the City of Bridgeton;
f.
Traffic congestion within the City of Bridgeton;
g.
The future needs of industry, business and residences in the City
of Bridgeton;
h.
The surroundings for family life in residential areas within the
City of Bridgeton;
i.
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;
j.
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;
k.
The taxable value of land and buildings throughout the City of Bridgeton;
l.
All structures and features of historic significance within Bridgeton;
m.
All public land within Bridgeton, including all parks, public areas,
playgrounds, golf courses, and public rights-of-way or easements;
n.
The finances of the City of Bridgeton.
6.
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
7.
Any additional information the petitioner believes is necessary or
desirable for the City of Bridgeton to consider in conjunction with
the petition.
H.
Planning Commission Action On Petition.
1.
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.
2.
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:
a.
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;
b.
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;
c.
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;
d.
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.
I.
City Council Hearing And Determination.
1.
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.
2.
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.
a.
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.
b.
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.
J.
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.
[Ord. No. 70-25 §17, 3-18-1970]
A.
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.
B.
Powers And Duties. The Zoning Administrator shall enforce
this Chapter and, in addition thereto and in furtherance of said authority,
shall:
1.
Issue all zoning certificates and keep permanent records thereof;
2.
Issue all certificates of occupancy and keep permanent records thereof;
3.
Conduct such inspections of buildings, structures, and uses of land
as are necessary to determine compliance with the terms of this Zoning
Ordinance;
4.
Maintain permanent and current records of the Zoning Ordinance, including
all maps, amendments, special uses and variations;
5.
Provide and maintain a public information bureau relative to all
matters arising out of this Chapter; and
6.
Delegate performance of his/her duties to any appropriate officer
or employee of the City.
[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]
A.
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.
B.
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.
C.
Appeals.
1.
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.
2.
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.
3.
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.
4.
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.
D.
Powers And Duties. The Board of Adjustment shall have the
following powers and may grant variances only in the following instances
and no others:
1.
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;
2.
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;
3.
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;
4.
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;
5.
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;
6.
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;
7.
To permit a front yard, a side yard or a rear yard, less than that
required by this Chapter;
8.
To permit a building to exceed the height limit by not more than
ten percent (10%) of the height limit established by this Chapter;
9.
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.
E.
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.
F.
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:
1.
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;
2.
That the conditions upon which the requested variation is based would
not be applicable to other property within the same zoning classification;
3.
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);
4.
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.
|
G.
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).
H.
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]
[Ord. No. 70-25 §19, 3-18-1970]
A.
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.
B.
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.
[Ord. No. 70-25 §20, 3-18-1970; Ord. No. 84-11, 4-19-1984; Ord. No. 88-62, 11-2-1988]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
[Ord. No. 70-25 §21, 3-18-1970]
A.
The
Planning Commission is hereby vested with the following jurisdiction
and authority:
1.
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.
2.
To consider all such proposed ordinances referred to it and to hold
public hearings thereon in the manner prescribed by law.
3.
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.
4.
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.
[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]
A.
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
|
B.
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.
C.
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.
D.
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.
[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.
[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).
[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.
[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.