City of Creve Coeur, MO Article IV Standards For Permitted, Accessory and Conditional Uses

Section 405.450 Permitted Uses.

[R.O. 2008 §26-50; Ord. No. 1903 §1, 11-24-1997; Ord. No. 3046 §1, 2-28-2005; Ord. No. 5033 §§1 — 2, 3-24-2008; Ord. No. 5123 Exh. A, 2-22-2010; Ord. No. 5165 §§3 — 4, 7, 12-13-2010; Ord. No. 5243 §4, 2-13-2012; Ord. No. 5300 §18, 4-22-2013; Ord. No. 5316 §1, 8-12-2013]

A. Home-Based Businesses.

[Ord. No. 5810, 10-24-2022]

1. Authorization. Any home-based business owned or operated by the owner or tenant of the residential dwelling unit that is "no-impact" pursuant to State law[1] including by being incidental and secondary to the principal use of the residential dwelling unit shall be permitted in any such residential dwelling unit subject to the provision of Paragraph (2) of this Subsection 405.450(A).

[1] State Law Reference: Sections 71.990 and 89.500, RSMo., (HB 1662 2022).

2. Use limitations. All home-based businesses shall comply with the following provisions to preserve residential appearance, prevent adverse impacts on the character of the surrounding neighborhood, and protect public health and safety:

a. The total number of employees and clients on-site at one (1) time shall not exceed the occupancy limit for the residential dwelling unit.

b. The activities of the business shall only occur inside the residential dwelling unit or in the yard, and shall not be visible from a street.

c. The use of the residential dwelling unit for the home-based business shall be clearly incidental and secondary to its use for residential purposes by its occupants and shall under no circumstances change the residential character thereof.

d. No alteration to the exterior appearance of the residential building or premises shall be made which detracts from its residential character.

e. No mechanical equipment or process shall be used which creates noise, vibration, glare, fumes, odors, or electrical interference detectable outside the residential dwelling unit.

f. There shall not be any exterior displays or signs other than a name plate as exempted in Section 405.930(E) of Article VIII.

g. There shall be no exterior storage of equipment or material used in connection with the home-based business.

h. Traffic generated by such home-based business shall not exceed volumes than would normally be expected in the residential area and any need for parking generated by the conduct of such home-based business shall be met by lawful off-street parking.

i. A home-based business shall be subject to all applicable laws and its activities shall be limited to the sale of lawful goods and services.

B. Group Homes. (NAICS 623210 and 623990) The following specific standards shall apply to a group home:

[Ord. No. 5449 §1, 11-23-2015; Ord. No. 5728, 1-25-2021]

1. Use regulations. The lot size requirements, building bulk regulations and yard setback requirements of the district in which the group home is to be located shall be satisfied by any existing single-family residence structure for group home occupancy or by any such structure to be newly constructed for such occupancy.

2. Site density and occupancy limits. Residents of such facilities must be mentally or physically disabled persons or persons acting as their house parents or guardians. Occupancy shall not exceed applicable building, or fire code safety limits for the structure. Allowable group homes do not include any other types of group or conjugate living such as homes for the elderly, fraternity houses, residences for nuns, priests or religious orders, residency for alcohol or chemical abuse patients and "halfway houses" for criminals or psychiatric patients.

3. Community density. In order to preclude the concentration of such uses, for the benefit of the residents of group homes and the overall community, no group home permitted in accordance with this Section shall be located within five hundred (500) feet of another such group home in the City of Creve Coeur.

4. Residential appearance. The residential appearance of the group home structure and its lot or site shall be maintained at all times in reasonable conformance with the surrounding neighborhood.

5. Variances. Group homes shall be afforded reasonable accommodations to otherwise applicable regulations pursuant to Building Code, Board of Adjustment and other applicable procedures.

C. Short-Term Rental. Short-term rentals as defined in Section 405.120 are a permitted use subject to registration and the following specific standards:

[Ord. No. 5631, 3-25-2019[2]; Ord. No. 5868, 12-11-2023]

1. Short-term rental dwelling units shall be subject to all requirements of City and State building, fire, safety and occupancy codes and limits.

2. No traffic shall be generated by such residence during any short-term rental in greater volumes than would normally be expected in a residential neighborhood.

3. Maximum occupancy during a short-term rental shall be limited to two (2) adults times the number of legally recognized bedrooms/sleeping rooms under City Building Codes.

4. A two-night minimum is required for all stays booked for a short-term rental unit. One-night stays shall not be permitted by the owner.

5. The residential appearance of the home structure and its lot or site shall be maintained at all times in reasonable conformance with the surrounding neighborhood.

6. A short-term rental shall include the primary dwelling unit and no short-term rental shall occur within any accessory structure as defined in Section 407.460 including but not limited to swimming pools and other recreational facilities, boat docks, pool houses, and garages without rental of the primary dwelling unit.

7. No exterior displays or signs other than a name plate as exempted in Section 405.930(E) shall be allowed. The property owner shall post a legible notice near the primary entrance to the residence stating as follows: "This property is rented in 'as is' condition and has not been inspected by the City of Creve Coeur for purposes of any rental." The property owner shall include this disclaimer in any advertising or online posting regarding short-term rentals.

8. The property owner shall maintain a record of the name, address and telephone number of all renters for three (3) years, to be produced upon request by the City.

9. The owner of the property shall register their intent to engage in short-term rentals by filing a verified form as prescribed by the Director of Community Development with the City prior to the first rental, and by February 1 of each succeeding year for further rentals, acknowledging all applicable regulations, confirming that functioning smoke detectors, CO² detectors and at least one (1) fire extinguisher are present in the unit, and stating their name and mobile telephone contact information and the name and mobile telephone contact information of an agent who would be able to appear at the property within thirty (30) minutes of a police request at any time during a short-term rental and who has the owner's authorization to address any issues or problems that may arise at the property. There must be a separate registration for each property. An annual registration fee of fifty dollars ($50.00) must accompany each registration.

10. The owner or alternate contact shall, upon notification from the Police Department that any person on the premises is engaged in disorderly conduct or violating any applicable law, ordinance, rule or regulation pertaining to the use and occupancy of the property, respond in a timely and appropriate manner to immediately halt or prevent reoccurrence of such conduct, in cooperation with the police if necessary.

11. The property owner shall use reasonably prudent practices to ensure that there are no unreasonable noise or disturbances, disorderly conduct or violation of any applicable law, ordinance, rule or regulation during a short-term rental of their property.

12. A list of all requirements of this Section for the operation of any short-term rental unit within the City of Creve Coeur in the form provided by the City shall be posted in a prominent location in the unit by the owner.

13. Any ordinance violations shall be subject to general penalties under the City Code of Ordinances. Additionally, in the event of material violations of the foregoing standards, the Director of Community Development may issue notice suspending all rights to use the property for short-term rentals for such period of time as deemed appropriate under the circumstances, during which suspension all such uses shall cease. The Director of Community Development may apply such suspension to all properties in the City belonging to such owner or their affiliated persons or entities. Any such suspension may be appealed as provided in this Zoning Ordinance.

[2] Editor's Note: Ord. No. 5631 also relettered former Subsections (C — E), which immediately follow, to Subsections (D — F), respectively. Additionally references to same throughout the City Code have been updated to reflect this amendment.

D. Residential Designed Development Procedure. The purpose of this Section is to provide a permissive, voluntary and alternate zoning procedure in the "A", "B", "C" and "D" single-family residential and "AR" attached residential zoning districts in order to permit greater flexibility in the size and configuration of lots without altering the allowable residential density in these districts and to provide thereby for desirable and proper common open space, tree cover, recreation areas, parks or scenic vistas and the preservation of the natural beauty of the City.

1. Variation in number, size of lots. The City Council may by ordinance grant a residential designed development permit upon recommendation of the Planning and Zoning Commission, when it finds that the residential designed development proposal is consistent with good planning practice, consistent with good site landscape planning, is not detrimental to the existing and permitted uses in the surrounding area, is deemed desirable to promote the purposes of this Section and is in accordance with the following criteria.

a. Minimum project area. No residential designed development permit shall be granted for any area of less than four (4) acres.

b. Gross acreage. The lot sizes within the subdivision may vary from those required by the regulations for the single-family residential zoning district within which the site is located. The maximum number of lots that may be approved shall be computed by including only common area and lot acreage in gross acreage and dividing the gross acreage by the minimum lot area requirements of the district.

c. Yards. The minimum front yard and side yard requirements for each lot as set out in the regulations for the single-family residential zoning district within which the site is located may be reduced by the City Council and, if so reduced, shall be set out on the preliminary subdivision plan to be submitted in accordance with Chapter 410, Subdivision and Development of Land.

d. Site and building coverages. The maximum site and building coverage requirements for each lot, as set out in the regulations for the single-family residential zoning district within which the site is located, may be increased by the City Council and, if so increased, shall be set out on the preliminary subdivision plan to be submitted in accordance with Chapter 410, Subdivision and Development of Land. In subdivisions approved prior to July 25, 1983 (adoption of Ordinance Number 1044) that are without a maximum site coverage set out on the preliminary subdivision plan, lots having less than fifty-one percent (51%) of the minimum lot area allowed by the underlying zoning district shall be subjected to the following site coverage percentage: for an A-RDD lot, thirty percent (30%); for a B-RDD lot, thirty-seven and five tenths (37.5%).

[Ord. No. 5418 §1, 2-9-2015]

2. Common areas. As part of the residential designed development plan, common land for open space of recreational use shall be reserved for common use by all the owners of the residential lots and the subdivision and such common land may be included in the total gross acreage used for determining the number of lots permitted under the minimum lot size provisions of the residential zoning district within which it is located, subject to the following standards and conditions:

a. Subdivision plat. All such common land shall be shown on the subdivision plat, to be approved by the Planning and Zoning Commission and the City Council and shall be shown as such on the record plat of such subdivision, subject to the restrictions set out below.

b. Trust indenture. All common land shall be conveyed by the developer in fee simple absolute title by warranty deed to the trustees for the subdivision. The developer shall at the time of recording the record plat of such subdivision record a trust indenture providing that such common land shall be held and maintained by the trustees for the benefit, use and enjoyment of the lot owners, present and future, of such subdivision. Such trust indenture shall provide a uniform means of assessment to ensure that all such common land and any improvements constructed thereon shall be maintained by the trustees for the lot owners in compliance with the ordinances of this City and in such manner that such land and improvements will remain attractive and useful to the lot owners and shall not be injurious to the health, safety and welfare of the lot owners and of residents of surrounding areas or be detrimental to property values of surrounding areas. Such trust indenture shall also provide that the conveyance or change of ownership of any lot shall carry with it ownership in the common land and that no lot owner shall have the right to convey his/her interest in such common land except as an incident of the ownership of the platted lot even though such provisions are not expressly included in the deed of conveyance and shall further provide that no right or power conferred on the trustees by such indenture, in order to comply with the provisions of this paragraph, may be abrogated. All such trust indentures shall be submitted to the City Attorney for approval as to legal form and shall be recorded with the Recorder of Deeds of St. Louis County simultaneously with the recording of the final subdivision plat.

c. Maintenance of common areas and streets. If the trustees of any such subdivision should fail to maintain any common area or street in accordance with the ordinances of the City or in such manner as to assure their intended use or in such manner as to injure the health, safety or welfare of the lot owners or of residents of surrounding areas or in such manner as to be detrimental to the property values of surrounding areas, the City may bring an action to compel the trustees or lot owners or both to correct any condition in such common area or street failing to meet any of the above standards. In the alternative, the City may correct any such condition in which event the City shall have the right to a lien against each lot in such subdivision for the pro rata cost of labor and material necessary to correct any such condition. The pro rata cost shall be determined by dividing the total cost, as determined by the City, by the number of lots in the subdivision. Any such lien shall bear interest at the rate per annum of two percent (2%) above prime and may be enforced by any means permitted by law or equity. In addition, the trustees or lot owners or both shall be responsible for any attorney's fees incurred by the City.

3. Procedure.

a. Application. The granting of a residential designed development permit may be initiated by the filing of an application by one (1) or more of the owners or authorized representatives of the owners of the property sought to be used for the residential designed development proposal. Such application shall be submitted pursuant to and accompanied by a preliminary subdivision plan in accordance with Chapter 410, Subdivision and Development of Land including, but not limited to, the following information: The outboundaries of the property; the location, use and proposed improvements to all common land and streets; the total area of the property; and the proposed boundary lines of all lots showing the area and width of each lot.

b. Review. Such preliminary plan shall be reviewed by the Planning and Zoning Commission and a report and recommendation thereon made to the City Council for its approval, in accordance with the voting, nature and fee provisions of Chapter 410, Subdivision and Development of Land.

c. Final subdivision plat. In the event such preliminary plat (plan) is approved by the City Council, the applicant shall thereafter submit a final subdivision plat, together with the trust indenture as required above, for approval by the City Council upon recommendation of the Planning and Zoning Commission as required in Chapter 410, Subdivision and Development of Land.

4. Tree conservation. Any development proposed as a residential designed development shall provide for the conservation of existing trees and existing tree masses on the site. The percentage of trees and tree masses preserved during development shall exceed the minimum standards of the subdivision regulations (shall exceed twenty-five percent (25%) of the existing trees and twenty-five percent (25%) of the existing tree mass areas).

E. Commercial Designed Development Procedure. This Section provides a zoning procedure for planned commercial developments and campuses by allowing applicable zoning regulations to be applied to the entire area of a planned development or campus area instead of individual phases, lots or buildings.

1. Planned commercial developments and campuses. The City Council may by ordinance grant a commercial designed development, after recommendation of the Planning and Zoning Commission, when it finds that the commercial designed development proposal is consistent with good planning practice, consistent with good site landscape planning, is not detrimental to the existing and permitted uses in the surrounding area, is deemed desirable to promote the public interests and purposes of the Zoning Code and is in accordance with the following criteria:

a. Site concept plan. The planned commercial development shall be a minimum of ten (10) acres in size and adhere to a site concept plan as per Section 405.1080 of the zoning ordinance. Such plan shall be submitted to the Planning and Zoning Commission and if required by the zoning ordinance, the Creve Coeur City Council.

b. Gross acreage. The lot sizes within the development may vary from those required by the regulations for the commercial zoning district within which the site is located, however the overall bulk regulations may not be increased. The minimum land area for permitted and conditional uses may be reduced by the City Council and, if so reduced, shall be set out on the subdivision plat to be submitted in accordance with Chapter 410, Subdivision and Development of Land.

c. Setbacks. The minimum and maximum setback requirements as set out in the regulations for the commercial zoning district within which the site is located may be modified by the City Council and, if so modified, shall be set out on the site concept plan to be submitted in accordance with Section 405.1080(D), Site Concept Plans.

d. Site coverage. The maximum site coverage requirements, as set out in the regulations for the commercial zoning district within which the site is located, may be increased on individual lots by the City Council, however, the overall site coverage cannot be exceeded. Any increase shall be set out on the subdivision plat to be submitted in accordance with Chapter 410, Subdivision and Development of Land.

e. Floor area ratio. The maximum floor area ratio (FAR) requirements, as set out in the regulations for the commercial zoning district within which the site is located, may be increased on individual lots by the City Council, however, the overall density cannot be exceeded. Any increase shall be set out on the subdivision plan to be submitted in accordance with Chapter 410, Subdivision and Development of Land.

2. Trust indentures. As part of the commercial designed development procedure and the applicable subdivision plat, trust indentures shall be recorded tying each individual lot or phase to the conditions of the approved site concept plan in perpetuity, unless otherwise modified or amended by the City of Creve Coeur. The trust indentures shall be submitted in accordance with Chapter 410, Subdivision and Development of Land.

3. Procedure.

a. Application. The granting of a commercial designed development may be initiated by the filing of an application by one (1) or more of the owners or authorized representatives of the owners of the property sought to be used for the commercial designed development proposal. Such application shall be submitted pursuant to and accompanied by a subdivision plat in accordance with Chapter 410, Subdivision and Development of Land including, but not limited to, the following information: The outboundaries of the property; the location, use and proposed improvements to all common land and streets; the total area of the property; and the proposed boundary lines of all lots showing the area and width of each lot.

b. Review. Such subdivision plat shall be reviewed by the Planning and Zoning Commission and a report and recommendation thereon made to the City Council for its approval in accordance with the voting, nature and fee provisions of Chapter 410, Subdivision and Development of Land.

4. Tree conservation. Any development proposed as a commercial designed development shall provide for the conservation of existing trees and existing tree masses on the site. The percentage of trees and tree masses preserved during development shall exceed the minimum standards of the subdivision regulations (shall exceed twenty-five percent (25%) of the existing trees and twenty-five percent (25%) of the existing tree mass areas).

F. Commercial Uses Of Single-Family Residential Structures. The Planning and Zoning Commission may authorize by site development plan approval in accordance with Section 405.1080 the use and conversion of existing single-family residential structures located within the "A", "B", "C", "D" and "AR" residential districts to office or certain prescribed retail service uses, provided said structures front on and have direct access available from a numerically designated State highway (Lindbergh Boulevard — 140; Olive Boulevard — 340). This authorization may be provided where the standards described below are satisfied and subject to any further conditions to be imposed by the Planning and Zoning Commission. In making its determination, the Planning and Zoning Commission shall determine that such authorization will not result in any substantial increase in traffic or fire hazard or traffic congestion; will not adversely affect the character of the neighborhood or the general welfare of the community; and will not overtax public utilities, facilities or services. The following specific standards shall be satisfied for any such authorization which shall be granted only for a specifically proposed usage.

1. Permitted uses by site development plan approval.

a. Professional, business, governmental or institutional office use including medical offices or clinics and financial institutions, but excluding freestanding drive-in banking facilities.

b. Retail services of a business or educational nature including adult day care center and child group day care home or family day care home as defined by the Missouri Division of Family Services, with a maximum of twenty (20) children permitted, excluding the sale of any goods at retail or wholesale, to be specifically approved on an individual use basis and subject to revocation of the authorization in the event such use, when in effect, is found by the City Council to create any nuisance for surrounding residences or businesses.

2. Minimum site size. A lot shall conform with the lot size requirements of the district within which it is located.

3. Front setback. No vehicle parking or any new or any addition to any existing structure shall be located within fifty (50) feet of the front lot line. The resulting front yard shall be landscaped including lawn, ground cover, ornamental trees and shrubbery and street trees.

4. Parking. See Article VII.

5. Coverage. Not more than fifty percent (50%) of the surface of a lot shall be occupied by buildings, driveways or parking surface. The balance of the site shall be maintained in lawn and landscaping.

6. Buffering. Any side or rear yard adjacent to any single-family residential property not eligible for the application of this provision shall maintain a minimum landscaped buffer equal in width to the side and rear yard requirements of the district in which it is located, together with a six (6) foot solid fence. All other yards abutting residential property eligible for this provision may be required to have a five (5) foot landscaped buffer on the outside of a six (6) foot solid fence.

7. Signs. Signs shall be limited to a maximum gross area as allowed by Section 405.940(D) Single-Family Lots Fronting on a Numerically Designated State Highway. All freestanding low monument signs shall be incorporated into the residential landscape subject to the appearance requirements of this Section.

8. Appearance. All owners of property choosing to utilize this provision shall maintain said property in a manner which is compatible with surrounding residential neighborhoods of the City of Creve Coeur and in conformance with the appearance of residential occupancy. No modification of the size or bulk of the structure or of its appearance can be undertaken without the prior approval of the Planning and Zoning Commission.

9. Affect of an RDD. The regulations of Subsections (E)(2), (3), (5) and (6) of this Section may be modified through a residential design development as permitted by Section 405.450(C), Residential Design Development Procedure.

G. Comprehensive or medical marijuana dispensary facility, and microbusiness marijuana dispensary facility (NAICS CC453999) as defined in Section 405.120, which abide by all applicable laws and regulations, are permitted uses in the zoning districts as shown in Table A, Permitted and Conditional Uses, but no comprehensive or medical marijuana dispensary facility, or microbusiness marijuana dispensary facility shall be initially sited within three hundred (300) feet of any then-existing elementary or secondary school, daycare, or a permanent building primarily and regularly used as a place of religious worship. In the case of a freestanding facility, the distance between the facility and the school, daycare, or place of worship shall be measured from the external wall of the facility closest in proximity to the school, daycare, or place of worship to the closest point of the property line of the school, daycare, or place of worship unless the school, daycare or place of worship is part of a larger structure such as an office building or strip mall, in which case the distance shall be measured to the entrance or exit of the school, daycare, or place of worship in closest proximity to the facility. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or place of worship shall be measured from the property line of the school, daycare or place of worship to the facility's entrance or exit closest in proximity to the school, daycare, or place of worship, unless the school, daycare, or place of worship is part of a larger structure such as an office building or strip mall, in which case the distance shall be measured to the entrance or exit of the school, daycare, or place of worship in closest proximity to the facility. Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.

[Ord. No. 5637, 4-22-2019; Ord. No. 5828, 2-13-2023]

Section 405.460 Accessory Uses and Structures.

[R.O. 2008 §26-51; Ord. No. 1903 §1, 11-24-1997; Ord. No. 2123 §1, 5-29-2001; Ord. No. 2156 §1, 10-22-2001; Ord. No. 2198 §1, 10-28-2002; Ord. No. 5163 §1, 12-13-2010; Ord. No. 5165 §3, 12-13-2010; Ord. No. 5188 §2, 4-11-2011; Ord. No. 5381 §2, 7-14-2014; Ord. No. 5431 §13, 7-27-2015; Ord. No. 5563, 1-8-2018; Ord. No. 5620, 12-10-2018; Ord. No. 5838, 5-8-2023]

A. Authorization. Accessory uses are permitted in any zoning district in connection with any principal use which is permitted within such district, subject to the limitations of this Section and other applicable provisions of this Zoning Code.

B. Permitted Accessory Uses And Structures. A "permitted accessory use or structure" is any use or structure that complies with the definitions contained in Section 405.120, including, but not limited to, the following typical uses:

1. Private garages or carports.

2. Off-street parking for permitted motor vehicles and loading spaces as required by Article VII and any additional off-street parking or loading spaces which are devoted exclusively to the principal use or activity subject to other limitations and regulations of this Chapter.

3. Private parking or storage of major recreational equipment or commercial vehicles, not exceeding seven (7) feet in height or twenty (20) feet in length, in any residential zoning district, provided such parking or storage takes place in a garage or carport in a manner that screens the vehicle or equipment from view at normal eye level from any street or adjacent private property; or provided such parking or storage takes place in a rear yard in a manner that screens the vehicle or equipment from view at normal eye level from any street or adjacent private property; further, provided, that any such parking or storage does not encroach upon the required off-street parking for standard passenger vehicles. Boats, not exceeding seven (7) feet in height or twenty-five (25) feet in length, may be stored on a private driveway, located behind the front building line, within a recorded residential subdivision with a residential lake not less than twenty (20) acres in size.

4. A structure for storage incidental to a permitted use.

5. A child's playhouse or play equipment.

6. Recreation facilities located within the required side or rear yard, including private swimming pools, bathhouses, tennis, basketball, racquetball, handball and other game courts, hockey/ice rinks, batting cages, and other similar facilities, provided that such facilities are set back at least fifteen (15) feet from any lot line and any fence associated with such uses shall comply with the provisions of Section 405.640. Patios constructed in conjunction with any swimming pool may be located within a required rear yard, provided that they are not located within an easement or closer than ten (10) feet to any property line.

7. Greenhouses.

8. Statuary, arbors, trellises, barbecue stoves, doghouses, flagpoles, fences, walls, hedges and gazebos, provided these elements are in compliance with other regulations of this Chapter including those relating to fences in Section 405.640.

9. Auditoriums and other public assembly halls clearly accessory to any permitted use in a multi-family or non-residential district.

10. Health clubs, including baths and gymnasiums clearly accessory to a permitted use in a multi-family or non-residential district.

11. Fallout shelters.

12. Mechanical equipment or utility facilities which are specifically related to and required by a permitted use.

13. Solar collectors, provided such accessory structures shall not be located in the front yard or along street right-of-way within the area equivalent to the front yard setback of the applicable zoning district, and shall not exceed a maximum height of six (6) feet or a maximum capacity exceeding the reasonably anticipated needs of the primary use on the site. Solar collectors incorporated into a structure shall not cause the structure to exceed maximum height limits.

14. Boat docks on a body of water.

15. Outdoor lighting, provided these are in conformance with the standards and regulations specified in Section 405.680.

16. Satellite dish antennas up to one (1) meter in diameter shall be permitted in the "A," "B," "C," "D" and "AR" Districts.

17. Satellite dish antennas up to two (2) meters in diameter shall be permitted in the "MR," "HE," "PH," "PO," "RO," "MX," "PC," "GC," "CB" and "LI" Districts.

18. Accessory antennas.

19. Roof-mounted telecommunication equipment in the "A," "B," "HE," "PH," "PO," "RO," "MX," "PC," "GC," "CB" and "LI" Zoning Districts, subject to the following:

a. Administrative approval may be granted for the placement of roof-mounted telecommunication equipment, subject to the conditions outlined under Sections 405.470(A)(4) and (5) and 405.690 and the following design standards:

(1) An antenna is rectangular in shape, limited to a width of one and one-half (1.5) feet, height of six (6) feet and a depth of one (1) foot.

(2) The antennas and band are mounted to the face of an existing wall, including existing penthouses and do not extend beyond the height of the wall.

(3) No more than four (4) antennas are placed on a band per building wall plane.

(4) No part of the antenna, including the antenna and holding brackets, extends beyond two (2) feet from the face of the wall on which it is mounted.

(5) All wiring and conduits connecting to the antennas from the rooftop must be within the wall cavity; thus no exposed wire or conduits are permitted, other than the antenna wall brackets.

(6) All equipment shelters in non-residential districts shall either be completely enclosed or fully screened from the rooftop elevation. All equipment shelters in residential districts must be located within the primary structure on which the antennas are mounted or below grade level so as to minimize the visibility from the outside.

b. Any application which does not meet the standards cited in Subsection (B)(19)(a) above shall require application for a conditional use permit in accordance to Section 405.1070 and subject to the standards of Section 405.470(A)(4) and (5) and Section 405.690.

c. Consideration of an application shall meet applicable time limitations pertaining to proposed wireless communications facilities and support structures under Sections 67.5090 et seq., RSMo., and FCC Declaratory Ruling WT Docket No. 08-165, rel. 11-15-2009.[1]

[1] Note: Review of an application shall be completed within applicable time limitations, including those pertaining to proposed wireless communications facilities and support structures under State and Federal law, which are generally: 45 days for collocation or replacement of wireless facilities or non-substantial modifications of existing facilities, 60 days for small wireless facilities on new poles, and 120 days for other (not small) wireless facilities on new poles or substantial modifications of such existing facilities. See Sections 67.5090 et seq., and 67.5110 et seq., RSMo., and 47 CFR 1.40001 and 1.6003.

d. Any telecommunication equipment that is no longer in use for its original communication purposes shall be removed at the owner's expense. The owner shall provide the City with a copy of the notice to the FCC of intent to cease operations and shall be given ninety (90) days from the date of ceasing operations to remove the equipment. Removal of existing equipment shall not be a condition of approval of any subsequent application.

20. Horses and horse stables in residential districts "A," "B," "C," and "D," provided that:

a. The lot on which the use exists is at least three (3) acres in size;

b. No more than one (1) horse is kept per one (1) acre of fenced pasture;

c. All horses are kept within a stable; and

d. The stable is set back from any property line a minimum of fifty (50) feet.

21. Disguised support structure.

a. Any freestanding, man-made structure designed for support of antennas, the presence of which is camouflaged or concealed as an appropriately placed architectural or natural feature. Such structures may include, but are not limited to, clock towers, observation towers, water towers, light standards, flagpoles, church steeples.

b. The placement of disguised support structures, which:

(1) Do not require a new structure or addition; and

(2) Are permitted in the applicable zoning districts, may be administratively approved by the Department of Community Development.

c. The mounting of disguised support structure antennas shall not exceed the height limit established by the applicable zoning district regulations, and each such antenna shall be concealed or disguised by architectural or natural elements or camouflaged by including, but not limited to, painting a color matching the surface to which they are attached. The location of all equipment, equipment shelters, wires, conduits and/or any other related accessories or devices shall either be completely situated within an existing structure or fully screened from view. Notwithstanding the items above, equipment shelters and related elements, in appropriate residential districts, must be located within the primary structure (on which the antennas are concealed or disguised) or below grade level. However, the equipment may be located in an addition to the primary structure, in which event a conditional use permit must be secured if required by this Code. Furthermore, other reasonable design standards or requirements, not listed or identified herein, may be required by the City as a condition of the administrative approval.

d. The location of such equipment shall not be placed closer than one hundred fifty (150) feet from any residential structure.

e. Should the Director of Community Development determine such an application does not meet the spirit, intent and conditions outlined above in Subsection 405.460(B)(22)(a), (b) and/or (c) and cannot be administratively approved, the application, as requested by the applicant, may be reviewed and acted on by the Planning and Zoning Commission and City Council as per the procedures in Section 405.1070.

f. Consideration of an application shall meet applicable time limitations pertaining to proposed wireless communications facilities and support structures under Section 67.5090 et seq., RSMo., and FCC Declaratory Ruling WT Docket No. 08-165, rel. 11-15-2009.[2]

[2] Note: Review of an application shall be completed within applicable time limitations, including those pertaining to proposed wireless communications facilities and support structures under State and Federal law, which are generally: 45 days for collocation or replacement of wireless facilities or non-substantial modifications of existing facilities, 60 days for small wireless facilities on new poles, and 120 days for other (not small) wireless facilities on new poles or substantial modifications of such existing facilities. See Sections 67.5090 et seq., and 67.5110 et seq., RSMo., and 47 CFR 1.40001 and 1.6003.

g. Any telecommunication equipment that is no longer in use for its original communication purposes shall be removed at the owner's expense. The owner shall provide the City with a copy of the notice to the FCC of intent to cease operations and shall be given ninety (90) days from the date of ceasing operations to remove the equipment. Removal of existing equipment shall not be a condition of approval of any subsequent application.

C. Use Limitations.

1. No accessory structure shall be built prior to the completion of construction of the principal use.

2. No accessory structure shall be utilized unless the principal structure to which it is accessory is occupied.

3. All accessory uses and structures shall comply with the use limitations applicable in the zoning district in which located.

4. An accessory structure may feature finished indoor areas but shall not be used as a dwelling unless specifically allowed in the applicable zoning district regulations.

5. Accessory structures in any residential district shall not exceed twelve (12) feet in height, except for properties located in the "A" or "B" Single-Family Residential Districts, accessory structures shall not exceed fifteen (15) feet in height.

6. The total area of all accessory buildings shall not exceed the ground floor area of the principal building in a residential district.

D. Location.

1. An accessory building attached to a principal building in a substantial manner by a wall or roof shall be considered part of the principal building and shall comply in all respects with the requirements of this Chapter applicable to a principal building.

2. If the separation of an accessory structure and primary building is less than ten (10) feet, the accessory structure shall conform to the same yard requirements as the principal building.

3. No accessory structure or use shall be located in any required corner visibility triangle as established in Section 405.670.

4. No accessory structure, except those exempted by Section 405.630(A), shall be located within a front yard.

5. Accessory structures and uses shall be set back at least five (5) feet from the rear lot line.

6. Accessory structures and uses shall maintain the same side yard as is required for the principal structure located on the zoning lot, except that off-street parking, fences, walls and hedges may be located in the required side yard areas subject to other applicable restrictions of this Zoning Code.

Section 405.470 Conditional Uses.

[R.O. 2008 §26-52; Ord. No. 1903 §1, 11-24-1997; Ord. No. 1909 §2, 12-8-1997; Ord. No. 1957 §2, 10-12-1998; Ord. No. 1958 §§2 — 3, 10-12-1998; Ord. No. 2051 §§1 — 2, 2-28-2000; Ord. No. 2102 §1, 1-22-2001; Ord. No. 2202 §1, 12-9-2002; Ord. No. 2247 §1, 11-24-2003; Ord. No. 2289 §1, 6-28-2004; Ord. No. 4043 §1, 11-13-2006; Ord. No. 5007 §1, 10-22-2007; Ord. No. 5228 §2, 10-24-2011; Ord. No. 5236 §§1, 3, 12-12-2011; Ord. No. 5295 §1, 2-11-2013; Ord. No. 5300 §19, 4-22-2013]

A. Conditional uses allowed in zoning districts are as follows:

1. Electric power distribution — (NAICS 221122) (conditional use in the "A", "B", "C", "D", "AR", "HE", "PH", "PO", "RO", "MX", "PC", "GC", "CB" and "LI" districts). Shall provide a minimum six (6) foot high screen of evergreen plant material or wall between any structure exceeding three (3) feet in height, with the exception of utility poles and any adjacent residential or institutional use or any right-of-way or street.

2. Retreat houses — (NAICS 813110) operated by non-profit or religious, fraternal or community service organizations including overnight accommodations for guests or members (conditional use in the "A", "B", "C", "D", "AR", "HE", "PH", "PO", "RO", "MX", "PC", "GC", "CB" and "LI" districts).

a. Shall be located on sites of at least three (3) acres.

b. Overnight accommodations shall be limited to guests or members.

c. The maximum capacity of such overnight guest facilities shall not exceed a ratio of four (4) overnight guests per acre of site occupied by the retreat house.

3. Accessory retail sales — (NAICS 45299 all other general merchandise stores and NAICS 445120 convenience stores) (conditional use in the "PO" districts).

a. The floor area of retail uses shall not exceed twenty percent (20%) of the gross leasable floor area of any building.

b. The combined floor area of all retail uses shall not exceed ten percent (10%) of the gross leasable floor area of a given planned development within the district.

c. No signage relating to the retail use shall be allowed except within a building and such signage shall not be visible off the premises.

4. Roof-mounted communication equipment (CC-517929) (conditional use in the "HE," "PH," "PO," "RO," "MX," "PC," "GC," "CB" and "LI" Districts).

[Ord. No. 5381 §3, 7-14-2014]

a. Roof-mounted communication equipment shall not exceed fifteen (15) feet in height as measured from the roof of the building and shall meet the sky-exposure plane requirement in the applicable zoning district if applicable.

b. The design of the communication equipment shall maximize use of building materials, colors, textures, screening and landscaping that effectively blend the communication equipment facilities with the surrounding natural setting and built environment.

c. In addition to the requirements of Section 405.1080, the site plan for the roof-mounted communication equipment shall include the following information:

(1) Proposed type, number and location of antennas or other transmission equipment to be located on the building roof; and

(2) Location of any adjoining or surrounding residential districts or structures used for residential purposes.

d. Roof-mounted communication equipment shall not be installed on residential buildings or on buildings located on lots used for residential purposes.

e. Roof-mounted communication equipment shall not be located within one hundred fifty (150) feet of any residential structure.

f. Signs, lighting, other than safety or hazard signs or lighting, shall not be placed on any roof-mounted communication equipment.

g. Any roof-mounted communication equipment that is no longer in use for its original communications purpose shall be removed at the owner's expense. The owner shall provide the City with a copy of the notice to the FCC of intent to cease operations and shall be given ninety (90) days from the date of ceasing operations to remove the equipment. Removal of existing equipment shall not be a condition of approval of any subsequent application.

h. Changes to existing facilities and/or structures that are not "substantial modifications" as defined in Section 67.5092, RSMo., or that only involve collocation of additional facilities or replacement of existing facilities, shall only be reviewed for conformance with applicable building permit requirements, National Electric Safety Codes, and recognized industry standards for structural safety, capacity, reliability and engineering, without any public hearing review, except that collocation to a certified historic structure as defined in Section 253.545, RSMo. shall not in any event be allowed except after public hearing and after thirty (30) days have elapsed since submittal of the application.[1]

[Ord. No. 5620, 12-10-2018]

[1] Note: Review of an application shall be completed within applicable time limitations including those pertaining to proposed wireless communications facilities and support structures under State and Federal law, which are generally: 45 days for collocation or replacement of wireless facilities or non-substantial modifications of existing facilities, 60 days for small wireless facilities on new poles, and 120 days for other (not small) wireless facilities on new poles or substantial modifications of such existing facilities. See Sections 67.5090, et seq., and 67.5110, et seq., RSMo., and 47 CFR 1.40001 and 1.6003.

5. Roof-mounted communication equipment (CC-517929) (conditional use in the "A" District).

[Ord. No. 5381 §3, 7-14-2014]

a. Roof-mounted communication equipment may be located in a residential parcel if the property is over twenty (20) acres and is primarily used as a public or private school or place of worship.

b. The location of the roof-mounted communication equipment shall be no less than three hundred (300) feet from any residential structure measured from the location of the proposed communication equipment.

c. Any equipment building, cabinet or similar elements serving the antenna must be located within the structure on which it is mounted or below grade level so as to minimize the visibility from the outside of said structure.

d. No antenna shall project above the existing height of the structure upon which it is mounted.

e. The design of the communication equipment shall maximize use of building materials, colors, textures, screening and landscaping that effectively blend the communication equipment facilities with the surrounding natural setting and built environment.

f. In addition to the requirements of Section 405.1080, the site plan for the roof-mounted communication equipment shall include the following information:

(1) Proposed type, number and location of antennas or other transmission equipment to be located on the building roof; and

(2) Location of any adjoining or surrounding residential districts or structures used for residential purposes.

g. Roof-mounted communication equipment shall not be installed on residential buildings or on buildings located on lots used for residential purposes.

h. Signs and lighting, other than safety or hazard signs or lighting, shall not be placed on any roof-mounted communication equipment.

i. Any roof-mounted communication equipment that is no longer in use for its original communications purpose shall be removed at the communication equipment owner's expense. The owner shall provide the City with a copy of its notice to the FCC of intent to cease operations and shall be given ninety (90) days from the date of ceasing operations to remove the equipment. Removal of existing equipment shall not be a condition of approval of any subsequent application.

j. Changes to existing facilities and/or structures that are not "substantial modifications" as defined in Section 67.5092, RSMo., or that only involve collocation of additional facilities or replacement of existing facilities, shall only be reviewed for conformance with applicable building permit requirements, National Electric Safety Codes, and recognized industry standards for structural safety, capacity, reliability and engineering, without any public hearing review, except that collocation to a certified historic structure as defined in Section 253.545, RSMo. shall not in any event be allowed except after public hearing and after thirty (30) days have elapsed since submittal of the application.[2]

[Ord. No. 5620, 12-10-2018]

[2] Note: Review of an application shall be completed within applicable time limitations including those pertaining to proposed wireless communications facilities and support structures under State and Federal law, which are generally: 45 days for collocation or replacement of wireless facilities or non-substantial modifications of existing facilities, 60 days for small wireless facilities on new poles, and 120 days for other (not small) wireless facilities on new poles or substantial modifications of such existing facilities. See Sections 67.5090, et seq., and 67.5110, et seq., RSMo., and 47 CFR 1.40001 and 1.6003.

6. Communication towers — (NAICS 517210) (conditional use in the "A," "B," "C," "D," "AR," "HE," "PH," "PO," "RO," "MX," "PC," "GC," "CB" and "LI" Districts).

[Ord. No. 5381 §3, 7-14-2014]

a. A communication tower shall not exceed one hundred (100) feet in height except in the "LI" Light Industrial District.

b. A communication tower shall not be located on parcels of less than five (5) acres in size within the "A," "B," "C," "D," and "AR" District.

c. The communication tower shall be set back from the property line a minimum of one (1) foot for every foot of structure height or the distance required by the applicable zoning district, whichever is greater. No communication tower shall be located within two hundred (200) feet of any residential structure.

d. The design of the tower shall maximize use of building materials, colors, textures, screening and landscaping that effectively blend the tower facilities with the surrounding natural setting and built environment and otherwise reduce the visibility of it.

e. All accessory uses and any guy wire anchors or other supporting apparatus shall be subject to height and setback requirements generally applicable to principal uses in the zoning district in which they are located. All guy wire anchor locations, equipment shelter structures or buildings, fencing and similar structures or improvements constituting accessory uses shall be located on the same parcel of land occupied by the communication tower.

f. In addition to the requirements of Section 405.1080, the site plan for the communication tower shall include the following information:

(1) Exact location of the tower and guy wire anchors or other supporting apparatus;

(2) Proposed type, number and location of antennas or other transmission equipment to be located on the tower; and

(3) Location of any adjoining residential districts or structures used for residential purposes.

(4) Location and number of evergreen plantings or other methods of screening provided for ground-based equipment.

g. Signs, lighting, other than safety or hazard signs or lighting, shall not be placed on any communication tower, unless required by the FAA or other Federal or State authority.

h. A communication tower shall not be located closer than fifty (50) feet from any street right-of-way.

i. The provisions of Section 405.620 and Section 405.690 shall not apply to communication towers.

j. Any communication tower that is no longer in use for its original communications purpose shall be removed at the owner's expense. The owner shall provide the City with a copy of the notice to the FCC of intent to cease operations and shall be given ninety (90) days from the date of ceasing operations to remove the tower and accessory structures. In case of multiple operators sharing use of a single tower, this provision shall not become effective until all users cease operations. Removal of existing equipment shall not be a condition of approval of any subsequent application.

k. Changes to existing wireless facilities and/or support structures that are not "substantial modifications" as defined in Section 67.5092, RSMo., or that only involve collocation of additional facilities or replacement of existing facilities, shall only be reviewed for conformance with applicable building permit requirements, National Electric Safety Codes, and recognized industry standards for structural safety, capacity, reliability and engineering, without any public hearing review, except that collocation to a certified historic structure as defined in Section 253.545, RSMo. shall not in any event be allowed except after public hearing and after thirty (30) days have elapsed since submittal of the application.[3]

[Ord. No. 5620, 12-10-2018]

[3] Note: Review of an application shall be completed within applicable time limitations including those pertaining to proposed wireless communications facilities and support structures under State and Federal law, which are generally: 45 days for collocation or replacement of wireless facilities or non-substantial modifications of existing facilities, 60 days for small wireless facilities on new poles, and 120 days for other (not small) wireless facilities on new poles or substantial modifications of such existing facilities. See Sections 67.5090, et seq., and 67.5110, et seq., RSMo., and 47 CFR 1.40001 and 1.6003.

7. Electromedical and electrotherapeutic apparatus manufacturing — (NAICS 334510), surgical appliance and supplies manufacturing — (NAICS 339113), dental equipment and supplies manufacturing — (NAICS 339114), and ophthalmic goods manufacturing — (NAICS 339115) (conditional use in the "PH" district).

a. Shall clearly be accessory to the medical specialty use.

b. Shall be located in the same building as the medical specialty use.

c. Shall occupy less than fifty percent (50%) of the floor area of the building devoted to the medical specialty, not to exceed ten thousand (10,000) square feet.

8. All drive-through and drive-in sales of goods or services, including, but not limited to, pharmacies, banking facilities, and marijuana dispensary facilities (not including restaurants) (CC442100) (conditional use in the "PH," 'MX," "PC," "GC," "CB" and "L1" Districts).

[Ord. No. 5400 §1, 11-10-2014; Ord. No. 5717, 9-29-2020; Ord. No. 5828, 2-13-2023]

a. Shall provide space for at least three (3) cars per drive-up window or station.

b. Shall provide landscaping to screen the view of drive-up waiting spaces from surrounding properties.

c. Drive-up window access, waiting spaces and egress shall not interfere with site circulation or be hazardous to motorists entering, exiting or passing by the site.

d. When provided in the "PH" District, drive-through services shall be limited to uses complementary to the medical uses existing on the campus.

9. Water supply and irrigation systems — NAICS 221310 (conditional use in the "GC" and "LI" district).

[Ord. No. 5648, 8-26-2019]

a. Shall be located on lots of at least three (3) acres in the "LI" Light Industrial District.

b. Shall be located on lots of at least eight (8) acres in the "GC" General Commercial District.

c. Elevated structures shall be set back from property lines a minimum of one (1) foot for every foot in height of the structure.

10. Sewage treatment facilities — NAICS 221320 (conditional use in the "LI" district).

a. Shall be located on lots of at least three (3) acres.

b. Shall be allowed only as an accessory use to an industrial use.

c. Shall be limited to the treatment of industrial waste prior to transmittal to the sanitary sewer system.

d. Shall receive all necessary permits from the Metropolitan St. Louis Sewer District, St. Louis County, the State of Missouri and the Federal Government prior to initiating operation.

11. New car dealers — NAICS 441110 (conditional use in the "GC" and "CB" districts).

a. Site size. Shall be located on lots of not less than one (1) acre.

b. Service bays. Service bays shall be limited to one (1) per five thousand (5,000) square feet of land area. All service bays shall be contained entirely within the building. Service bay doors shall not face residentially zoned property ("A", "B", "C", "D", "AR" or "MR").

c. Trash disposal and storage. All used tires and parts, trash and similar objects shall be stored within a solid brick or concrete enclosure in the rear half or, in the case of corner sites, the rear quarter of the site.

d. Motor vehicle dealers (new or new and used) (all uses NAICS 441110). A motor vehicle dealer, whose new vehicle franchise has been terminated, may continue all other services performed by the dealer for a period of three (3) years from the later of the date of such termination or January 24, 2011, provided the dealer gives the City written notice of such termination within thirty (30) days of the effective date thereof and states in such notice an intent to seek a replacement franchise to sell new vehicles. Upon good cause shown, the City Council may extend the time period accordingly.

12. New car dealers, used car dealers, motorcycle dealers, and boat dealers — NAICS 441110, 441120, 441221 and 441222 (conditional use in the "LI" District).

a. Indoor operations only. All business operations (including, but not limited to, vehicle service, cleaning and storage) will take place indoors, and at no time will any vehicle that is on the premises for sale or service be parked or displayed outdoors. This shall not be interpreted to require service bay doors to be closed except as may be required by an approved conditional use permit.

b. Site size. Shall be located on lots of not less than one (1) acre.

c. Trash disposal and storage. All used tires and parts, trash and similar objects shall be stored and fully screened from view of the public right-of-way.

13. Gasoline service stations — NAICS 447110 and 447190 (conditional use in the "PC", "GC" and "CB" districts). The following specific development standards shall be met before a conditional use permit may be issued for a gasoline service station in accordance with Section 405.1070, so as to control the mode of development, method of operation and to ensure that the location does not adversely affect the health, safety and welfare of the community, especially from the traffic point of view.

a. Site size. Service station sites shall contain a minimum area of twenty thousand (20,000) square feet, a minimum lot frontage of one hundred (100) feet and a minimum of twenty-five hundred (2,500) square feet for each dispenser, whichever is greater. A dispenser may have more than one (1) hose.

b. Setbacks. All buildings shall be set back at least fifty (50) feet from the street right-of-way line and at least ten (10) feet from any other property line unless a greater setback is required by other provisions of this Chapter. Dispenser islands shall be set back twenty (20) feet from any property line. Canopies may be erected to within ten (10) feet of a property line or street right-of-way to protect automobiles positioned for service at pump islands.

c. Service bays. Service bays shall be limited to one (1) per five thousand (5,000) square feet of land area. All service bays are to be contained entirely within the building. Where adjacent to a residential district ("A", "B", "C", "D", "AR" or "MR"), no more than three (3) service bays shall be permitted. Service bay doors shall not face residentially zoned property.

d. Parking and access. In addition to providing parking in accordance with Section 405.820(F), there should be adequate space on site for automobiles to wait in line for each dispenser island and dispenser.

e. Fencing. The site shall be fenced with a six (6) foot brick or stone masonry wall or solid fence of wood or other material deemed appropriate by the Planning and Zoning Commission along each property line which abuts property zoned to any residential classification ("A", "B", "C", "D", "AR" or "MR").

f. Retail sales. Sales shall be restricted for the service station to gasoline, oil, tires, batteries and automotive accessories and food and beverages sold from vending machines, unless permission is explicitly granted as part of the conditional use permit for the sale of other items or classes of items such as food, beverages, personal care or other convenience items or car washing services.

g. Trash disposal and storage. All used tires and parts, trash and similar objects shall be stored within a solid brick or concrete enclosure in the rear half or, in the case of corner sites, the rear quarter of the site.

h. Major repairs prohibited. Major engine or transmission dismantling, body and fender work, top and upholstery work shall not be permitted on the premises of the service station.

i. Trailer and equipment rental prohibited. Trailer and equipment rentals shall not be permitted to operate on the premises of a service station.

j. Gasoline deliveries. No delivery tanker shall park on public right-of-way during gasoline delivery, nor shall any hose be permitted on the public right-of-way.

k. Pump island location. Pump islands located parallel to the street should observe a twenty (20) foot setback. Pump islands located perpendicular to the street should observe a thirty (30) foot setback.

l. Landscaping and buffering. A landscaped buffer at least ten (10) feet in width should be provided along the length of all property lines including along all frontage on street rights-of-way except where broken for entranceways. Landscaping shall be provided in accordance with a landscape plan approved by the Planning and Zoning Commission.

m. Curb cuts and corner radius. On corner sites a twenty (20) foot curb radius shall be provided and no curb entrance shall be located within less than fifty (50) feet from the end of such curve. At intersections where a primary flow of right turn traffic is anticipated, a thirty-five (35) foot corner curb radius of curvature shall be provided, again with a fifty (50) foot curb cut setback from the end of the curve.

n. Sight lines. Landscaping provided along the street frontage in accordance with paragraph (13)(l) "Landscaping and Buffering" above should preserve sight lines for entering and exiting traffic. This does not preclude careful placement of street trees with high foliage or low growing shrubbery (below thirty (30) inches).

14. Food services and drinking places — (NAICS 722). Shall be located on sites of not less than two (2) acres with the following exceptions and conditions:

[Ord. No. 5400 §2, 11-10-2014; Ord. No. 5626, 2-11-2019; Ord. No. 5806 & 5807, 10-10-2022]

a. The acreage requirement does not apply to restaurants without drive-through services within the "GC" District.

b. The acreage requirement does not apply to restaurants without drive-through services in the "CB," "PO," "PC" and "LI" Districts that are located within a multi-tenant retail or office building.

c. For the purposes of this Section, the term "abut" or "abutting" means having a shared property line and not separated by a street.

d. Drive-through services on sites located on one (1) or more lots totaling less than ten (10) acres in the "MX," "GC," "CB," "PO," "PC," and "LI" Districts that abut single-family residential uses or multi-family uses in any zoning district other than the "CB" District are subject to the following:

(1) Drive-through facilities shall be limited to one (1) restaurant with no more than two (2) service windows, two (2) order facilities and two (2) designated stacking lanes which shall all be located on the rear or one (1) end of a multi-tenant retail building having a continuous structure frontage of at least two hundred (200) feet. Such frontage may include one (1) passageway or arcade (not open on the sides).

(2) The drive-through order facility and service window shall only be on or adjacent to a wall not facing the primary street frontage. If adjacent to single-family residential uses or multi-family uses in any zoning district other than the "CB" District, the facility and service window shall be completely screened from the ground-floor level of adjacent residences with a property line wholly or partially within two hundred (200) feet of either the order facility or the service window by means of a solid barrier or topographic change. Vegetation cannot be used to meet this requirement but may be needed to address aesthetic concerns. If adjacent to a non-primary street, the drive-thru order facility and service window shall provide visual screening in the form of dense landscaping as deemed appropriate by the City Council.

(3) The drive-thru restaurant shall have no minimum size requirement; however, indoor seats for customers shall be provided. Unenclosed outdoor seating areas shall not require additional off-street parking.

(4) The drive-thru order facility and service window shall be no less than two hundred (200) feet from any property line of any single-family residential use and shall be no less that fifty (50) feet from any property line of any multi-family uses in any zoning district other than the "CB" District.

(5) The designated stacking lane shall be no less than one hundred ninety (190) feet long [approximately ten (10) cars] excluding the space adjoining the service window, which shall be no less than nine (9) feet wide by nineteen (19) feet long.

(6) The entrance to the designated stacking lane shall be no less than fifty (50) feet from the nearest point on the property line across the nearest vehicular entrance.

(7) The designated stacking lane shall not cross between the building and primary street frontage.

(8) A traffic study shall be submitted by the applicant that demonstrates, to the satisfaction of the City Council, that the required drive-thru facilities shall not interfere with site circulation or be hazardous to motorists or pedestrians entering, exiting or passing by the site and that traffic impacts are otherwise properly mitigated.

(9) The order facility shall utilize automatic volume control which adjusts outbound volume based on the outdoor ambient noise level.

(10) An acoustical study shall be submitted demonstrating that the order facility and service windows will not produce sounds exceeding eighty (80) dB as measured at the source or exceeding sixty (60) dB as measured at any property line abutting a residential use, up to a height of eight (8) feet above ground at the property line and demonstrating that the order facility and service windows will not increase ambient sound levels at other property lines above the average Monday to Friday midday level.

e. Drive-thru services on sites in the "MX," "GC," "CB," "PO," "PC," and "LI" Districts that do not abut single-family residential uses or multi-family uses in any zoning district other than the "CB" District and drive-thru services on sites located on one (1) or more lots totaling ten (10) acres or more in the "MX," "GC," "CB," "PO," "PC" and "LI" Districts that abut single-family residential uses or multi-family uses in any zoning district other than the "CB" District are subject to the following:

(1) Drive-thru facilities shall be limited to one (1) restaurant with no more than two (2) service windows and two (2) order facilities in a coordinated development located on one (1) or more lots totaling three (3) or more acres, with shared access and two (2) or more buildings (including the proposed drive-thru), one (1) of which shall have no less than ten thousand (10,000) square feet of gross floor area. All buildings shall be designed with similar use of materials and design elements such that the buildings are aesthetically complementary to each other.

(2) For drive-thru restaurants on sites located on one (1) or more lots totaling ten (10) acres or more, the drive-thru order facility and service window shall be no less than two hundred (200) feet from any property line of any single-family residential use and no less than fifty (50) feet from any property line of any multi-family uses in any zoning district other than the "CB" District.

(3) The drive-thru order facility and service window shall only be on or adjacent to a wall not facing the primary street frontage. If adjacent to a non-primary street, the drive-thru order facility and service window shall provide visual screening in the form of dense landscaping as deemed appropriate by the City Council.

(4) The drive-thru restaurant shall have pedestrian-oriented site features. Such features, include, but are not limited to, the following: landscaped planting areas adjacent to the building, outdoor seating areas, and pedestrian connections within the site. Unenclosed outdoor seating areas shall not require additional off-street parking.

(5) If the drive-thru restaurant is freestanding, it shall have no less than two thousand (2,000) square feet of gross floor area (area under roof) and a minimum of fifty-five (55) indoor seats for customers.

(6) Any service areas, including, but not limited to, trash receptacles, compactors, outdoor cooking or refrigeration equipment must be fully screened.

(7) The designated stacking lane shall be no less than one hundred ninety (190) feet long [(approximately ten (10) cars], excluding the space adjoining a service window, which shall be no less than nine (9) feet wide by nineteen (19) feet long.

(8) The entrance to the designated stacking lane shall be no less than fifty (50) feet from the nearest point on the property line across the nearest vehicular entrance.

(9) If the designated stacking lane crosses between the building and primary street frontage, it shall be screened in the form of dense landscaping as deemed appropriate by the City Council.

(10) A traffic study shall be submitted by the applicant that demonstrates, to the satisfaction of the City Council, that the required drive-thru facilities shall not interfere with site circulation or be hazardous to motorists or pedestrians entering, exiting or passing by the site and that traffic impacts are otherwise properly mitigated.

(11) The order facility shall utilize automatic volume control which adjusts outbound volume based on the outdoor ambient noise level.

(12) An acoustical study shall be submitted demonstrating that the order facility and service windows will not increase ambient sound levels at the property lines above the average Monday to Friday midday level.

f. "Drive-thru" or "Drive Through" shall mean service to on-premises patrons who do not enter the restaurant/patio area, but rather receive service through a drive-up window.

15. Hotels and motels — NAICS 721110 (conditional use in the "PC", "GC", "CB" and "LI" district).

a. Shall be located on lots of not less than three (3) acres.

16. Hotels and motels, and rooming and boarding houses — NAICS 721110 and 721310 (conditional use in the "HE" district).

a. Shall be located on lots of not less than twenty (20) acres.

b. Shall be accessory to a permitted principal use.

17. Cemeteries and crematories — NAICS 812220 (conditional use in the "A", "HE", and "PC" districts).

a. Shall be located on sites of at least forty (40) acres.

b. The use of the site shall be limited to cremation and final interment of bodies or ashes in the ground, in columbariums, in mausoleums or similar facilities and the customary accessory uses to support a cemetery.

18. Funeral homes and funeral services — NAICS 812210 (conditional use in the "A", "HE", "MX", "PC", and "GC" districts).

a. Shall be located on lots of not less than one (1) acre.

19. Passenger car rental and leasing — NAICS 53211 (conditional use in the "GC", "CB", and "LI" districts).

a. Reserved.

b. Service bays. Service bays shall be limited to one (1) per five thousand (5,000) square feet of land area. All service bays shall be contained entirely within the building. Service bay doors shall not face residentially zoned property ("A", "B", "C", "D", "AR" or "MR").

20. Tire dealers, general automotive repair, automotive transmission repair, other automotive mechanical and electrical repair and maintenance, oil change, automotive glass replacement shops, and all other automotive repair and maintenance — NAICS 441320, 811111, 811113, 811118, 811122, 811191 and 811198 (conditional uses in the "GC", "CB" and "LI" districts).

a. Site size. Shall be located on lots of at least one (1) acre.

b. Service bays. Service bays shall be limited to one (1) per five thousand (5,000) square feet of land area. All service bays shall be contained entirely within the building. Service bay doors shall not face residentially zoned property ("A", "B", "C", "D", "AR" or "MR").

c. Fencing. The site shall be fenced with a six (6) foot brick or stone masonry wall or solid fence of wood or other material deemed appropriate by the Planning and Zoning Commission along each property line which abuts property zoned to any residential classification ("A", "B", "C", "D", "AR" or "MR").

d. Trash disposal and storage. All used tires and parts, trash and similar objects shall be stored within a solid brick or concrete enclosure in the rear half or, in the case of corner sites, the rear quarter of the site.

e. Body repairs prohibited. No body and fender work, top and upholstery work shall be permitted on the premises.

f. Landscaping and buffering. A landscaped buffer at least ten (10) feet in width should be provided along the length of all property lines including along all frontage on street rights-of-way except where broken for entranceways. Landscaping shall be provided in accordance with a landscape plan approved by the Planning and Zoning Commission.

21. Motion picture theaters (except drive-ins) — NAICS 512131 (conditional use in the "PC", "GC" and "CB" districts).

a. Shall be located on lots of not less than three (3) acres.

22. Various membership organizations — NAICS 713910, 713940, 713990, 813312, 813319, 813410, 813910, and 813990) (except bars and restaurants owned and operated for members or organizations only; conditional use in the "A", "B", "C", "D" and "AR" districts).

a. Shall be located on sites of at least three (3) acres.

b. Parking areas shall be separated from adjacent residentially zoned land by a minimum six (6) foot high opaque screen of berms, evergreen plant material, fences or a combination thereof.

23. Nursing care facilities, residential intellectual disability , mental health and substance abuse facilities, and community care facilities for the elderly — NAICS 623110, 623210, 623311 and 623990 (except boot camps and halfway group homes) (conditional use in the "HE", "PH", "PC", "GC" and "CB" districts).

[Ord. No. 5431 §2, 7-27-2015]

a. Shall be located on sites of at least three (3) acres.

b. The density of development (for apartment-type units) within a personal care facility shall not exceed twenty (20) dwelling units per acre. Living units with cooking facilities shall count as one (1) dwelling unit and living units without cooking facilities shall count as two-thirds (2/3) of a dwelling unit for purposes of calculating the density of development.

c. Personal care facilities shall be primarily residential in character; however, convalescent and nursing homes, centralized eating facilities for residents of the facility, medical facilities and similar uses associated with the long- or short-term care of patients may be included.

d. No building shall be located within fifty (50) feet of any property line.

24. Outpatient mental health and substance abuse center — NAICS 62142 (conditional use in the "GC" district).

a. Shall be licensed by the Division of Alcohol and Drug Abuse of the Department of Mental Health of the State of Missouri.

b. The exterior of the treatment facility shall reasonably conform to the exterior appearance of other buildings in the vicinity.

c. Shall not be located closer than one (1) mile to any other substance abuse treatment facility.

25. Elementary and secondary schools — NAICS 611110 (conditional use in the "A," "B," "C," "D," and "AR" districts) except public schools that are political subdivisions shall instead be reviewed under Section 400.030, Public Facilities and in consideration of these standards:

[Ord. No. 5728, 1-25-2021]

a. Shall be located on lots of not less than three (3) acres; and

b. Athletic fields shall be separated from adjacent residentially zoned land by a minimum six (6) foot high opaque screen of berms, evergreen plant material, fences or a combination thereof.

c. Lights for major outdoor recreation and entertainment facilities shall require approval of a site development plan in accordance with Section 405.1080.

d. Maximum site coverage shall be allowed up to fifty percent (50%) within the residential districts.

26. Adult day care centers (NAICS 624120) (conditional uses in the "HE" and "PO" districts).

a. Shall be located on lots of not less than three (3) acres.

b. The site shall be located on a paved street with sufficient width to accommodate vehicular traffic generated by the use.

c. Passenger loading and unloading facilities shall be provided on the site and such facilities shall be designed to preclude any back-up movements to enter or exit the site.

27. Child day care services — NAICS 624410 (conditional use in the "A," "B," "C," "D," "AR," and "HE" districts).

[Ord. No. 5845, 7-10-2023]

a. Shall be located on lots of not less than three (3) acres.

b. The site shall be located on a paved street with sufficient width to accommodate vehicular traffic generated by the use.

c. Passenger loading and unloading facilities shall be provided on the site and such facilities shall be designed to preclude any back-up movements to enter or exit the site.

28. Residential mental health and substance abuse facilities — NAICS 623220 (conditional use in the "PC" district).

a. Shall be licensed by the Division of Alcohol and Drug Abuse of the Department of Mental Health of the State of Missouri.

b. Not more than twenty (20) persons shall reside in the building at one time.

c. The exterior of the treatment facility shall reasonably conform to the exterior appearance of other buildings in the vicinity.

d. Shall not be located closer than one (1) mile to any other substance abuse treatment facility.

29. Religious organizations — NAICS 813110 (conditional use in the "A," "B," "C," "D" and "AR" districts).

[Ord. No. 5458 §1, 3-14-2016]

a. Shall be located on lots of not less than three (3) acres.

b. Maximum site coverage. Fifty percent (50%).

30. Multi-family dwellings (conditional use in the "AR" district).

a. Shall be located on sites of at least five (5) acres.

b. The minimum dwelling unit size shall not be less than nine hundred (900) square feet per unit.

c. At a minimum, fifty percent (50%) of the required vehicular parking shall be provided underground or within a basement garage.

d. Private usable open space. Private usable open space shall be provided in accordance with the standards for all multi-family residential building or development described in Section 405.710.

e. Visual environment enhancement. In the site development plan for any building or structure or any tract or tracts in the "AR" District, there shall be set aside a sum of money equal to not less than two percent (2%) of the proposed total construction cost, which sum shall be used for the erection, construction or installation of special or extraordinary walks, patios, fountains, pools, statuary, landscaping and other applicable objects of art or beautification upon such tract or tracts. There shall be specified on such site development plan an itemized cost estimate of such items including the manner in which the sum of money is to be used for this visual environment enhancement.

31. Multi-family dwellings (conditional use in the "CB" district).

[Ord. No. 5470 §1, 5-9-2016]

a. Shall be located on sites of at least three (3) acres.

b. The average dwelling unit size shall not be less than eight hundred sixty (860) square feet per unit, and no unit shall be less than six hundred fifty (650) square feet.

c. At a minimum, seventy percent (70%) of the required vehicular parking shall be provided within a parking garage or structure that is aesthetically integrated into and incorporates architectural features of the principal structure.

32. Building or structure exceeding a floor area ratio of one (1.0), but not exceeding one and one-fourth (1.25) (conditional use in the "CB" district).

a. All projects seeking a floor area ratio (FAR) exceeding one (1.0) shall be limited to a FAR of eight-tenths (0.8) for the office use portion of the building. The intent is to encourage projects that provide mixed-use developments and reduce peak hour vehicular congestion. All projects should incorporate uses that include, but not be limited to, restaurants, personal service providers and incidental retail and service establishments, that are oriented to both on- and off-site users.

33. Comprehensive or medical marijuana cultivation facility (NAICS CC111419) and comprehensive or medical marijuana-infused products manufacturing facility, and microbusiness marijuana wholesale facility (NAICS CC325415) as defined in Section 405.120, which abide by all applicable laws and regulations, are conditional uses in the zoning districts as shown in Table A, Permitted and Conditional Uses, subject to the following specific standards:

[Ord. No. 5637, 4-22-2019; Ord. No. 5828, 2-13-2023]

a. No marijuana-related use or facility shall emit an odor or in any way cause a public nuisance per Section 405.550 or Chapter 215, as applicable. The applicant shall demonstrate that the appropriate systems will be provided to prevent any odor of marijuana or fumes from leaving the facility.

b. Marijuana cultivation and processing activities shall occur only within an enclosed building.

34. Drugs and Druggists' Sundries Merchant Wholesalers (NAICS 424210) conditional use in the "GC" District.

[Ord. No. 5708, 8-10-2020]

a. Shall be located only on properties that abut the "LI" Light Industrial Zoning District.

b. Such uses are limited to a maximum of fifty percent (50%) of the floor area of the building in which they are located.

c. All operations must be conducted within an enclosed building with no outdoor storage of materials or equipment.

35. Research and Development in Biotechnology (NAICS 541711) conditional use in the "GC" District.

[Ord. No. 5853, 9-14-2023]

a. Shall be located only on properties that abut the "LI" Light Industrial Zoning District.

b. All operations must be conducted within an enclosed building with no outdoor storage of materials or equipment.

36. Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology) (NAICS 541712) conditional use in the "GC" District.

[Ord. No. 5853, 9-14-2023]

a. Shall be located only on properties that abut the "LI" Light Industrial Zoning District.

b. All operations must be conducted within an enclosed building with no outdoor storage of materials or equipment.

37. Research and Development in the Social Sciences and Humanities (NAICS 541720) conditional use in the "GC" District.

[Ord. No. 5853, 9-14-2023]

a. Shall be located only on properties that abut the "LI" Light Industrial Zoning District.

b. All operations must be conducted within an enclosed building with no outdoor storage of materials or equipment.

Section 405.480 Temporary Uses.

[R.O. 2008 §26-53; Ord. No. 4029 §1, 6-26-2006]

A. Authorization. Temporary uses are permitted as set forth in this Section 405.480 in connection with a principal use which is permitted within the applicable zoning district, upon issuance of all required permits.

B. Permitted Temporary Uses And Structures. A "permitted temporary use or structure" is any use or structure that complies with the definition of "temporary use" contained in Section 405.120 including, but not limited to, the following typical uses subject to the accompanying restrictions:

1. Outdoor grand opening events, outdoor sales and other sales or promotions requiring outdoor activity, display and/or sale of merchandise, subject to the following conditions:

a. The property is located within a non-residential zoning district or is an institutional use, including only schools and places of worship, within a residential district.

b. The use is accessory to the primary use of the principal site or buildings upon the site.

c. The duration of any single event is limited to three (3) days.

d. The frequency is limited to two (2) events a year.

e. Adequate parking is provided for all uses of the site.

2. Temporary off-street parking for special events, subject to the following conditions:

a. The property is located within a non-residential zoning district or is an institutional use, including only schools and places of worship, within a residential district.

b. The duration of any single event is limited to forty-five (45) days.

c. The frequency is limited to one (1) event per year.

d. Adequate parking is provided for all uses of the site.

3. Seasonal or holiday events such as pumpkin patches or Christmas tree sales subject to the following conditions:

a. The duration of a single event is limited to forty-five (45) days.

b. The frequency is limited to one (1) event per year.

c. Adequate parking is provided for all uses of the site.

4. Garage sales, estate sales, lawn sales, auctions or any other such sale that involves the sale of multiple goods, wares or items of tangible personal property conducted on any real property being used for residential purposes as per Section 605.310. Issuance of a permit under Section 605.320 shall be sufficient and no additional permit under Section 405.480 shall be required unless a temporary structure is involved.

5. Picnics, bazaars, fairs, carnivals or similar gatherings as per Section 600.150 and further defined as a gathering of more than fifty (50) people. Issuance of a permit under Section 600.150 shall be sufficient and no additional permit under Section 405.480 shall be required unless a temporary structure is involved. However, if alcoholic beverages will not be sold and no permit under Section 600.150 is required, then a permit under this Section 405.480 shall be required if a temporary structure is involved.

6. Temporary structures including tents that are used in conjunction with any of the above uses as per Section 405.460(C).

7. Temporary structures or trailers that are used in conjunction with construction work only as per Section 405.650.

8. Temporary structures or trailers that are used as sales offices subject to the following conditions:

a. The temporary sales office may be permitted in any district until construction of a permanent building/dwelling is completed, as determined by issuance of occupancy permit.

b. The temporary sales office shall comply with all setback requirements of the zoning district in which located.

9. Temporary structures or trailers that are used in conjunction with storage of materials, with the exception of those used during construction, subject to the following conditions:

a. The duration is limited to ten (10) days.

b. The frequency is limited to two (2) times per year.

c. The structure or trailer must be located on an improved surface, outside of the right-of-way.

C. Standards. The Director of Planning or his/her designee shall not approve a temporary use and issue the required permit unless the permit fee set forth in Appendix B to this Title IV has been paid and he/she finds that the application and evidence presented clearly indicate that the proposed temporary use:

1. Complies with all other applicable provisions of this Chapter including environmental performance standards presented in Section 405.550, any applicable criteria in Section 405.470 and the conditions of any applicable conditional use permit and the standards of this Chapter in regard to yard and setback, parking and loading areas, screening and buffering, refuse, storage and service areas and signs.

2. Shall be located at least ten (10) feet from the principal building if it is detached from the principal building.

3. Shall not be located in any required corner visibility triangle as established in Section 405.670.

4. Shall not cause substantial injury to the public welfare or safety of the principal use or structure or neighboring properties.

5. Shall be compatible with the surrounding area and thus will not impose an excessive burden or have a substantial negative impact on surrounding or adjacent users or services.

6. A site must be restored to its former condition within thirty (30) days of the activity's termination. If this condition has not been met in the past, then a new permit shall not be issued absent adequate assurance of compliance with this requirement.

7. Prior to the issuance of a temporary permit, all requirements contained within this Chapter shall be met including, but not limited to, requirements for grading, improvements and/or site plan review that are proposed in conjunction with the request.

D. Expiration. A temporary use permit shall be valid for a period not to exceed forty-five (45) days from the date of issuance or as specified in the conditions stated above, provided that temporary uses approved during 2021 related to the response to the COVID 19 pandemic shall be valid for a period not to exceed one hundred eighty (180) days, and upon written request, such approval may be extended for an additional period of up to one hundred eighty (180) days.

[Ord. No. 5732, 2-8-2021]

E. Site Plan Approval. Should the Director of Planning or his/her designee determine such an application does not meet the spirit, intent and conditions outlined above and cannot be administratively approved, the application, as requested by the applicant, may be reviewed and acted on by the Planning and Zoning Commission and/or City Council as a proposed site plan per the procedures in Section 405.1080.

Section 405.490 through Section 405.530. (Reserved)