[Ord. No. 05-424 §1, 11-14-2005; Ord. No. 06-431 §1, 3-13-2006; Ord. No. 06-440 §1, 12-11-2006; Ord. No. 11-501 §1, 11-14-2011]
For the purpose of this Chapter, certain terms and words are
herewith defined as follows:
Words used in the present tense include the future; words in
the singular number include the plural; and words in the plural number
include the singular; the word "building" includes
the word "structure"; the word "shall" is mandatory and not directory.
A structure or use that:
Is clearly incidental to and customarily found in connection
with a principal building or use;
Is subordinate to and serves a principal building or a principal
use;
Is subordinate in area, extent or purpose to the principal building
or principal use served;
Contributes to the comfort, convenience or necessity of occupants,
business or industry in the principal building or principal use served;
and
Is located on the same lot as the principal building or use
served.
The direct application of medical Marijuana to a Qualifying Patient, to the extent allowed by and pursuant to the terms of Article XIV, Section 1 of the Missouri Constitution, by way of any of the following methods:
[Ord. No. 19-589, 6-10-2019]
Ingestion of capsules, teas, oils, and other Marijuana-Infused
Products;
Vaporization or smoking of dried flowers, buds, plant material,
extracts, or oils;
Application of ointments or balms;
Transdermal patches and suppositories;
Consuming Marijuana-Infused food Products;
Any other method recommended by a Qualifying Patient's Physician as authorized by Article XIV, Section 1 of the Missouri Constitution.
Magazines, books, videotapes, movies, slides, paraphernalia
or other media which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas".
The following words associated with adult entertainment or
uses shall have these definitions:
ADULT BOOKSTORE: An establishment that, as
a regular and substantial business purpose, offers for sale or rent
books, magazines, periodicals or other printed matter, photographs,
slides, films or videotapes that are distinguished or characterized
by their emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas". The derivations
of, modifications of or terms directly associated with adult bookstore
shall maintain the following definitions.
ADULT ENCOUNTER PARLOR: An establishment that,
as a regular and substantial portion of its business, provides premises
where customers congregate, associate or consort with employees and/or
performers or private contractors who display "specified anatomical
areas" in the presence of such customers with the intent of providing
sexual gratification or stimulation to such customers.
ADULT ENTERTAINER: Any person who provides
adult entertainment within an adult entertainment business as defined
in this Article, whether or not a fee is charged or accepted for entertainment.
ADULT ENTERTAINMENT: Any live exhibition, performance,
display or dance of any type including, but not limited to, talking,
singing, reading, listening, posing, serving food or beverages, soliciting
for the sale of food, beverages or entertainment, pantomiming, modeling,
removal of clothing or any service offered for amusement on a premises
where such exhibition, performance, display or dance is intended to
seek to arouse or excite the sexual desires of the entertainer, other
entertainers or patrons or if the entertainment involves a person
who is nude or in such an attire, costume or clothing as to expose
to view any "specified anatomical area".
ADULT ENTERTAINMENT BUSINESS: Any enterprise
to which the public, patrons or members are invited or admitted and
where providing "adult entertainment", as defined herein, is a regular
and substantial portion of its business.
ADULT ENTERTAINMENT CABARET: An establishment
that, as a regular and substantial portion of its business, is providing
adult entertainment which features strippers, male or female impersonators,
go-go dancers, live performances or material that is primarily characterized
by an emphasis on "specified sexual activities" or "specified anatomical
areas".
ADULT ENTERTAINMENT STUDIO: Includes the terms
rap studio, exotic dance studio, sensitivity studio and/or encounter
studio. An establishment whose premises is physically arranged to
provide booths, cubicles, rooms, compartments or stalls separate from
the common areas of the premises and where a regular and substantial
portion of its business is providing entertainment which features
materials or live performances characterized by an emphasis on or
features materials relating to "specified sexual activities" or the
exhibition of "specified anatomical areas".
ADULT MEDIA OUTLET: An establishment that has
as a regular and substantial business purpose the rental, sale or
offering for viewing or other use off the premises of any film, motion
picture, video cassette, slide or photographic reproduction that are
distinguished or characterized by their emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas".
ADULT MOTEL: An establishment that, as a regular
and substantial portion of its business, is offering public accommodations
for consideration for the purpose of viewing closed circuit television
transmissions, films, motion pictures, video cassettes, slides or
other photographic reproductions that are distinguished or characterized
by an emphasis on the depiction or description of "specified sexual
activities" or "specified anatomical areas" and rents room accommodations
for less than six (6) hours at a time.
ADULT MOTION PICTURE THEATER: An establishment
from which a screen or projection area can be viewed where a regular
and substantial portion of its business is the exhibition to customers
of films, videotapes or motion pictures that are intended to provide
sexual stimulation or sexual gratification to the customers and that
are distinguished by or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas".
ADULT NEWSRACK: Any coin- or card-operated
device that offers for sale by dispensing printed material that is
distinguished or characterized by its emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas".
ADULT NEWSSTAND: A freestanding structure,
vehicle or booth that, as a regular and substantial business purpose,
offers for sale books, magazines, periodicals or other printed material
that are distinguished or characterized by their emphasis on matter
depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas".
ADULT RETAIL ESTABLISHMENTS: An establishment
that, as a regular and substantial business purpose, offers for sale
or rent any one (1) or more of the following: lotions, dolls, instruments,
devices, gifts, clothing or paraphernalia that are designed for use
or packaged or displayed in such a way as to lead a reasonable person
to believe that it is to be used in connection with "specified sexual
activities"; lotions, dolls, instruments, devices, gifts, paraphernalia
or clothing, the packaging of which, graphically depicts "specified
anatomical areas"; or any of the materials sold or rented in an adult
bookstore as defined herein.
ADULT THEATER: An establishment located in
an enclosed building that, as a regular and substantial portion of
its business, provides the live performance of activities relating
to "specified sexual activities" or exhibition of "specified anatomical
areas" for observation by customers and patrons.
An establishment or place of business primarily engaged in
the production of works of art which may require mechanical equipment
or individuals and assistants, including the sale to consumers of
those works produced.
An establishment or place of business primarily engaged in
automotive related sales or services. The following automotive use
types shall be defined as follow:
AUTOMOTIVE BODY AND PAINT CENTER: An establishment
or place of business with fifteen thousand (15,000) square feet or
more of gross floor area primarily engaged in the repair of automotive
bodies and/or mechanical works, straightening of body parts, painting,
welding and short-term storage of automobiles until such repairs are
performed.
AUTOMOTIVE CUSTOMIZING SHOP: An establishment
or place of business that primarily provides after-sales services
for automobiles (including the attendant retail sales of accessories
for such automobiles), such as installation, conversion and modifications
to the interior or exterior of automobiles.
AUTOMOTIVE LEASING: See "RENTAL AND
LEASING".
AUTOMOTIVE PARTS AND SUPPLY STORE: An establishment
or place of business primarily engaged in the sale of merchandise
that is associated with the use, repair or upkeep of automobiles.
AUTOMOTIVE REPAIR SHOP: An establishment or
place of business primarily engaged in the repair of automobiles or
other motorized vehicles or the installation or repair of equipment
or parts on motorized vehicles such as mufflers, brakes, tires, radios,
transmissions, glass and engines or engine parts, but excluding dismantling
or salvage. Automotive repair shops also include:
AUTOMOTIVE PAINT OR BODY SHOP: The use of a
building of less than fifteen thousand (15,000) square feet of gross
floor area for the repair of automotive bodies and/or major mechanical
works, straightening of body parts, painting, welding or storage of
automobiles not in operable condition.
TIRE RETREADING OR REPAIR SHOP: The use of
a building or premises for the repairing or retreading of automotive
tires.
AUTOMOTIVE SALES: An establishment or place
of business primarily engaged in the sale and/or lease of new automobiles,
vans and trucks less than two (2) tons, including incidental parking
and servicing of vehicles available for sale, lease or rent. Such
a use also may include as a subordinate use the sales of used automobiles,
vans and trucks.
AUTOMOTIVE SERVICE STATION: An establishment
or place of business primarily engaged in gasoline or diesel fuel
sales at retail for automobiles, recreation vehicles and motorcycles
and where in addition at least one (1) of the following services is
rendered: sale, replacement or servicing of spark plugs, oil, water
hoses, brake fluids, batteries, distributors, tires, carburetors,
brakes, fuel pumps or other automotive parts or accessories. See "Automotive
Repair Shop" where major mechanical activities are allowed.
AUTOMOTIVE TIRE STORE: An establishment or
place of business primarily engaged in the sale of tires and services
relating to the repair or purchase of tires for automobiles.
AUTOMOTIVE WASHING: An establishment or place
of business engaged in washing and cleaning of automobiles and related
light equipment. Typical uses include self-service and full-service
car washes.
A store in which baked goods such as bread, cake and pastry
are made and sold at retail for consumption off the premises.
An office establishment or business that primarily performs
central banking functions (such as issuing currency, managing national
money supply and international reserves and acting as fiscal agent
for the central government) and accepts deposits (or share deposits)
and lends funds from these deposits and which establishment may include
these services to patrons and customers through an accessory, drive-through
use. Financial services shall also include establishments primarily
engaged in one (1) or more of the following:
Underwriting securities issues or making markets for securities
and commodities;
Acting as agents (i.e., brokers) between buyers and sellers
of securities and commodities;
Providing securities and commodity exchange services; and
Providing other services, such as managing portfolios of assets;
providing investment advice; and trust, fiduciary and custody services.
Typical uses include banks, savings associations, savings and loan
institutions, investment banking, securities and brokerages, certified
financial planning, accounting, auditing, bookkeeping and similar
services. Financial services does not include pawnshops, businesses
primarily engaged in check cashing or issuing money orders or title
loan establishments or other businesses offering short-term consumer
loans secured by personal property, certificates of title to such
property, estimated tax refunds or other such collateral (all of which
are prohibited money changing/money brokering uses).
A place of assembly, open to the public and operated for
profit where dances, parties, receptions and other gatherings are
held. Banquet halls may provide live entertainment, may serve alcoholic
beverages and may serve catered meals when the owner or operator holds
the appropriate licenses and permits.
An establishment or place of business primarily engaged in
the preparation and retail sale of alcoholic beverages with a Village
and State approved liquor license for consumption on the premises.
Typical uses include sports bars, cocktail lounges, nightclubs and
similar uses at which less than fifty percent (50%) of the total revenue
is generated by food sales.
A story partly underground and having at least one-half (½)
of its height below the average level of the adjoining ground. A basement
shall be counted as a story for the purpose of height measurement
if subdivided and used for dwelling or business purposes.
The perforation of human tissue other than an ear for a non-medical
purpose.
A permanent mark made on human tissue by burning with a hot
iron or other instrument.
A structure having a roof supported by columns or walls.
A subordinate and separate building detached from the main
building, customarily incidental to and located on the same lot occupied
by the main use or building. A detached garage is not considered an
accessory building.
The vertical distance measured from the lowest elevation
of the finished grade along the front of the building to the highest
point of the roof surface, if a flat roof; to the deck line of mansard
roofs; and to the mean height level between eaves and ridge for gable,
hip and gambrel roofs.
A structure for which the property is primarily used.
An establishment intended for the conduct of service or administration
by a commercial enterprise or offices for the conduct of professional
or business service.
A specialized instructional establishment that provides on-site
training of business, commercial, health care and/or trade skills
such as accounting, medical/dental assistance, cosmetology, computer,
drafting, design, data processing and/or repair.
A story having more than one-half (½) of its height
below the average level of the adjoining ground. A cellar shall not
be counted as a story for the purposes of height measurement.
A building, including, but not limited to, a church, synagogue,
temple, mosque, cathedral, chapel, sanctuary, or other facility wherein
persons regularly assemble for religious worship maintained and controlled
by a religious body having a Principal Use of religious worship or
the offering of religious services of any denomination.
[Ord. No. 19-589, 6-10-2019]
A membership association composed of persons who are bona
fide dues paying members and to whom (and their guests) use of facilities
owned or leased by the association is generally restricted. Such definition
shall include buildings owned or operated by a person, for a social,
educational or recreational purpose, but not primarily for profit
and not primarily to render a service that is customarily carried
on as a business. This definition shall include organizations such
as the American Legion, Masonic Lodge and Veterans of Foreign War.
An establishment or place of business (sometimes known as
food marts) engaged primarily in the retail sale of a limited line
of goods that generally includes milk, bread, soda and snacks, non-alcoholic
beverages, packaged food, tobacco products and household convenience
goods. Includes uses with fuel pumps but not automobile repair facilities
or those uses allowed at an automotive repair shop.
A house or other place conducted or maintained by any person
who advertises or holds herself or himself out as providing care for
more than four (4) persons during the daytime, for compensation or
otherwise, except those operated by a school system, but a child care
facility shall not include any private or religious organization,
elementary or secondary school, a religious organization academic
preschool or kindergarten or a home school. Terms associated with
day care facilities shall be defined as follows:
DAY CARE HOME: A family home occupied by the
day care provider in which family-like care is given to no more than
four (4) persons not related to the day care provider for any part
of the twenty-four (24) hour day, without overnight stays.
DAY CARE, GROUP: A building occupied by a day
care provider that receives more than four (4) but fewer than twenty
(20) persons for care for any part of a twenty-four (24) hour day,
without overnight stays.
DAY CARE CENTER: A building occupied by a day
care provider that receives twenty (20) or more persons for care for
any part of a twenty-four (24) hour day, without overnight stays.
A flat floored platform not set into but raised above the
ground or finished grade more than twelve (12) inches, serving as
a floor and having no roof or covering of any kind and which is usually,
but not necessarily, made of wood (or some material made to resemble
a wood product) and attached to a building.
The Missouri Department of Health and Senior Services, or
its successor agency.
[Ord. No. 19-589, 6-10-2019]
One (1) or more sections of the Village of Marlborough for
which the regulations governing the height, area and use of buildings
and premises are the same.
A place of business that through design, physical facilities,
service or packaging procedures encourages customers to receive services,
obtain goods or be entertained while remaining in their motor vehicles.
This definition shall include all curb service establishments, drive-in
restaurants and drive-in cafes, but does not include drive-through
windows as an accessory use.
Any portion of a building or structure from which business
is transacted, or is capable thereof, directly with customers located
in a motor vehicle during such business transactions.
A roadway on private property leading to a building, parking
area or use. For single-family residences, a driveway may also serve
as a parking space.
An establishment that primarily sells, at retail, prescription
and non-prescription drugs and medicines although it may also engage
in general light retail sales. Excludes grocery stores with pharmacies.
A room or suite of rooms within an apartment building arranged,
intended or designed as a place of residence; or any building or portion
thereof which is designed, built, leased, rented, let or hired to
be occupied or which is occupied as the home or residence of three
(3) or more families living independently of each other and doing
their own cooking in the said building; or a building or portion thereof
designed exclusively for residential occupancy, including one-family,
two-family and multiple dwellings, boarding and lodging houses, apartment
houses and apartment hotels, but not hotels, motels, rooming houses,
nursing homes, travel trailers, recreational vehicles, manufactured
or mobile homes. The following words or terms associated with dwelling
shall have the following meanings:
APARTMENT: A suite of rooms or a room in a
building arranged and intended for a place of residence of a single
family or a group of individuals living together as a family in a
separate dwelling unit.
LOFT DWELLING: A dwelling located above the
first (1st) floor of a non-residential use such as a store or office.
MULTIPLE-FAMILY DWELLING: A dwelling situated
on one (1) lot occupied by three (3) or more families in separate
dwelling units living independently of each other.
SINGLE-FAMILY ATTACHED DWELLING (TWIN HOME OR TOWN HOME): Single-family dwellings sharing a common wall but situated on separate
lots designed to be occupied exclusively by separate families.
SINGLE-FAMILY DETACHED DWELLING: A dwelling
situated on one (1) lot designed to be occupied exclusively by one
(1) family.
TWO-FAMILY DWELLING (DUPLEX): A dwelling situated
on one (1) lot occupied exclusively by two (2) families, respectively,
in separate dwelling units living independently of each other.
A building designed for or occupied exclusively by one (1)
family. Single-family dwelling or single-family residence shall include,
but not be limited to, 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. Single-family dwelling or
single-family residence shall include, but not be limited to, any
private residence licensed by the Division of Family Services or Department
of Mental Health to provide foster care to one (1) or more but less
than seven (7) children who are unrelated to either foster parent
by blood, marriage or adoption.
A public, private, religious or parochial school giving instruction
in a grade or grades not lower than pre-school nor higher than the
eighth grade.
[Ord. No. 19-589, 6-10-2019]
A natural person, corporation, professional corporation,
non-profit corporation, cooperative corporation, unincorporated association,
business trust, limited liability company, general or limited partnership,
limited liability partnership, joint venture, or any other legal entity.
[Ord. No. 19-589, 6-10-2019]
Shall mean:
One (1) or more persons occupying a dwelling unit and living
together as a single non-profit housekeeping units, sharing one (1)
common kitchen facility, but not including group quarters such as
dormitories, fraternities, sororities, motels, hotels, rooming houses
or boarding houses.
All occupancies are subject to the maximum occupant load determined
by the Marlborough Property Maintenance Code for that particular residence.
A Marijuana plant from the time it exhibits the first signs
of sexual maturity through harvest.
[Ord. No. 19-589, 6-10-2019]
All the property abutting on one (1) side of a street or
place between two (2) intersecting streets or places (crossing or
terminating) measured along the line of the street or place or, if
the street or place be a dead-end street, then all the property abutting
on one (1) side between an intersecting street or place and the dead-end
of the street or place, or if the street or place be intersected by
the Village limits, then all the property abutting on one (1) side
between an intersecting street or place and the Village limits.
A building whose roof and sides are made primarily of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of plants for subsequent
sale or for personal enjoyment.
Establishments with ten thousand (10,000) square feet of
gross floor area or more primarily engaged in the retail sale of food
or household products for home consumption. Typical uses include large
grocery stores (including the sale of beer and wine in unopened containers
for off-premise consumption where revenue from the sale of groceries
comprises at least fifty-one percent (51%) of the gross income of
the establishment during a calendar year and where at least fifty-one
percent (51%) of the total display or shelf space is devoted to groceries
other than beer and wine), delicatessens, meat markets, retail bakeries
and candy shops.
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.
A retail store of less than twenty thousand (20,000) square
feet selling items such as tools, paint, hardware, plumbing supplies,
items designed for installation in the home and a limited selection
of building materials.
A business that provides facilities for aerobic exercises,
such as running and jogging tracks, exercise equipment, game courts,
gymnasium or swimming facilities.
A retail store of twenty thousand (20,000) square feet or
more selling building materials, wall and floor coverings, lighting
supplies, tools, paint, hardware, plumbing supplies, lawn and garden
supplies, items designed for installation in the home and associated
items for the home.
The partial use of a single-family dwelling for commercial
or non-residential uses by a resident thereof that is subordinate
and incidental to the use of the dwelling for residential purposes,
is carried on within the main dwelling when the occupant is working
from the dwelling, is located in a residence district, does not alter
or change the exterior character or appearance of the dwelling and
does not affect the residential character of the neighborhood.
A use that provides electronic data processing services.
These establishments may provide complete processing and preparation
of reports from data supplied by customers; specialized services,
such as automated data entry services; or may make data processing
resources available to clients on an hourly or time-sharing basis.
An establishment occupied by a non-profit corporation or
a non-profit establishment for public use such as community centers
or museums.
An establishment or place of business primarily engaged in
the provision of landscaping, landscape design, engineering or maintenance
and related services to firms, businesses, residences or individuals.
Typical uses include mowing, planting, fertilizing, trimming, irrigation
services, landscape design and/or construction of retaining walls,
walks or patios.
An establishment or place of business primarily engaged in
the provision of laundering, dry cleaning or dyeing services.
An establishment or place of business primarily engaged in
retail sale for consumption off the premises of alcoholic beverages.
Typical uses include liquor stores, bottle shops or any licensed sales
of liquor, beer or wine for off-site consumption.
An area used for loading or unloading of goods from a vehicle
in connection with the use of the site on which a loading space is
located.
A space within the main building or on the same lot providing
for the standing, loading or unloading of trucks which has a minimum
of twelve (12) feet by thirty-five (35) feet and a vertical clearance
of fourteen (14) feet.
Establishments that provide utility services, such as electric
power, natural gas, steam supply, water supply and sewage removal.
Not included are waste management services which collect, treat and
dispose of waste materials and do not directly use or operate utilities.
Land occupied or to be occupied by a building and its accessory
buildings, together with such open spaces as are required under this
Chapter, but not including any land described in or included in an
easement for a street.
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LOT TYPES
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TYPES OF LOT LINES
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A lot situated at the junction of two (2) or more streets
or places.
A lot having access to a street by means of a private driveway,
access easement or parcel of land not meeting the requirements of
this Chapter for lot width, but having a width dimension of at least
twenty (20) feet at its narrowest point.
A lot other than a corner lot.
Any lot that does not have a generally rectangular shape
either due to an abnormal lot line or due to the absence of a rear
lot line. Pie shaped lots shall be considered irregular lots.
An interior lot having frontage on two (2) parallel or approximately
parallel streets or places. Also known as a "double frontage lot".
The area of a horizontal plane bounded by the vertical planes
through front, rear and side lot lines.
The mean horizontal distance between the front and rear lot
lines.
The property boundary line of any lot. The derivations or
modifications of lot line shall maintain the following definitions:
LOT LINE, FRONT: The lot line abutting a street
or private drive. In the case of a corner lot, the front lot line
shall normally be the lot line to which the main building on the lot
is oriented; if the building is oriented towards both streets equally,
the front lot line shall be the lot line with the shortest length
abutting the street. In the case of a through lot (double frontage),
the front lot line shall be the lot line abutting the street that
provides primary access to the lot or towards which the main building
on the lot is oriented.
LOT LINE, REAR: Any lot line that is not a
front lot line or a side lot line.
LOT LINE, SIDE: Any lot line that intersects
the front lot line. A side lot line shall include any linked line
segments or arcs that have a bearing which is within forty-five degrees
(45°) of a line drawn perpendicular to the front lot line.
A lot which is a part of a subdivision, the map of which
has been recorded in the office of the County Recorder of St. Louis
County or a lot described by metes and bounds, the description of
which has been recorded in the office of the County Recorder of St.
Louis County.
The horizontal distance between the side lot lines, measured
at the front building line.
Means 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 plant and Marijuana-Infused Products. "Marijuana"
or "Marihuana" do not include industrial hemp containing a crop-wide
average tetrahydrocannabinol concentration that does not exceed three-tenths
of one percent (3/10 of 1%) on a dry weight basis, or commodities
or products manufactured from industrial hemp.
[Ord. No. 19-589, 6-10-2019]
Products that are infused with Marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures, and concentrates.
[Ord. No. 19-589, 6-10-2019]
An establishment that is not licensed by the State of Missouri
as a massage therapy business and that provides baths and body massages
or either of them. Nothing herein contained shall apply to a licensed
massage therapist or an establishment where massage therapy is practiced
including an accredited institution of higher education, certified
to operate in Missouri by the Coordinating Board of Higher Education,
from offering a massage therapy course of study in which its students
and employees may give body massages as a required part of college's
curriculum or State requirement, provided that the percentage of students
taking the course is not more than thirty-three percent (33%) of the
entire enrollment of the college. A massage parlor shall also include
the term "bathhouse".
A health care practitioner who provides or offers to provide
massage therapy, as provided in Sections 324.240 to 324.275, RSMo.,
to any person at no cost or for a fee, monetary or otherwise, implying
that the massage therapist is trained, experienced and licensed in
massage therapy and who holds a current, valid license to practice
massage therapy.
A health care profession which involves the treatment of
the body's tonus system through the scientific or skillful touching,
rubbing, pressing or other movements of the soft tissues of the body
with the hands, forearms, elbows or feet, or with the aid of mechanical
apparatus, for relaxation, therapeutic, remedial or health maintenance
purposes to enhance the mental and physical well-being of the client,
but does not include the prescription of medication, spinal or joint
manipulation, the diagnosis of illness or disease or any service or
procedure for which a license to practice medicine, chiropractic,
physical therapy or podiatry is required by law or to those occupations
defined in Chapter 329, RSMo., as amended.
Establishments that wholesale medical and other health care
materials, equipment and tools to clinics, hospitals and other facilities
that treat, house or care for patients.
Laboratories that provide analytic or diagnostic services
and other services, such as medical imaging and forensics.
Establishments that provide therapeutic, preventive or corrective
personal treatment services on an outpatient basis by physicians,
dentists and other practitioners of the medical or healing arts and
the provision of medical testing and analysis services. Typical uses
include clinics and offices for doctors of medicine, dentists, orthodontists,
chiropractors, osteopaths and optometrists.
A Medical Marijuana business shall be defined as any of the
following hereinafter defined entities:
[Ord. No. 19-589, 6-10-2019]
Medical Marijuana Cultivation Facility.
Medical Marijuana Dispensary Facility.
Medical Marijuana-Infused Products Manufacturing Facility.
Medical Marijuana Testing Facility.
Medical Marijuana Transportation Facility.
Any other Entity currently or hereafter included in and regulated by Article XIV, Section 1 of the Missouri Constitution.
As related to activity authorized pursuant to Article XIV, Section 1 of the Missouri Constitution and all rules and regulations issued by the Missouri Department of Health and Senior Services, the process by which a person, business or legal entity promotes the germination and growth of a seed to a mature Marijuana plant.
[Ord. No. 19-589, 6-10-2019]
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport and sell Marijuana to a Medical
Marijuana Dispensary Facility, Medical Marijuana Testing Facility,
or Medical Marijuana-Infused Products Manufacturing Facility.
[Ord. No. 19-589, 6-10-2019]
An additional, separate, or enhanced Identification Card
issued by the State of Missouri allowing the holder to cultivate medical
Marijuana in amounts and in secure manners as authorized by the Department,
only to the extent authorized by applicable law.
[Ord. No. 19-589, 6-10-2019]
A facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver Marijuana, Marijuana-Infused Products, and drug paraphernalia used to administer marijuana as provided by the State of Missouri solely pursuant to the terms of Article XIV, Section 1 of the Missouri Constitution to a Qualifying Patient, a Primary Caregiver, another Medical Marijuana Dispensary Facility, a Medical Marijuana Testing Facility, or a Medical Marijuana-Infused Products Manufacturing Facility.
[Ord. No. 19-589, 6-10-2019]
A facility licensed by the State of Missouri to acquire,
store, manufacture, transport, and sell Marijuana-Infused Products
to a Medical Marijuana Dispensary Facility, a Medical Marijuana Testing
Facility, or to another Medical Marijuana-Infused Products Manufacturing
Facility.
[Ord. No. 19-589, 6-10-2019]
The production, possession, delivery, distribution, transportation, or administration of Marijuana or a Marijuana-Infused Product, or drug paraphernalia used to administer marijuana or a Marijuana-Infused Product as provided by Article XIV, Section 1 of the Missouri Constitution, for the benefit of a Qualifying Patient to mitigate the symptoms or effects of the patient's qualifying medical condition as defined in Missouri State law.
[Ord. No. 19-589, 6-10-2019]
A facility certified by the State of Missouri to acquire,
test, certify, and transport Marijuana.
[Ord. No. 19-589, 6-10-2019]
A facility certified by the State of Missouri to store and
transport Marijuana.
[Ord. No. 19-589, 6-10-2019]
Medical care centers or clinics that have several practitioners
with different specializations practicing within the same establishment
and which perform minor surgery along with the diagnosis, care and
treatment of physical or mental diseases or ailments of human beings;
and in which no patients are lodged overnight, but which may include
a pharmacy. Many such centers also function as HMO medical centers
and focus on primary health care.
An establishment used, maintained or advertised as a place
where sleeping accommodations, in rooms without individual kitchens,
are supplied for short-term rent to transient guests. Typical uses
include hotels and motels.
A theater for showing movies or motion pictures. Other terms
used to describe these structures include talkies, cinema theaters
and motion pictures. This use category also includes cineplexes complex
structures with multiple movie theaters, each theater capable of providing
performances independent of the others in the complex.
Establishments that retail musical instruments and related
supplies and may also retail sheet music, offer music instruction,
rent or repair instruments as accessory uses.
A use, building or yard existing legally at the time of the
passage of this Chapter or any amendment thereto which does not, by
reason of design, use or dimensions, conform to the regulations of
the district in which it is situated.
An establishment providing executive, management, administrative
or professional services, but not medical or dental services or the
sale of merchandise, except as accessory to a permitted primary use.
Typical uses include real estate, insurance, property management,
investment, employment, travel, advertising, law, architecture, design,
engineering, accounting and similar offices.
A business establishment of one (1) or more physicians, dentists
or other health practitioners providing medical services in a specific
area of health care organized as a single business entity and lawfully
established for medical and dental consultation to persons on an outpatient
basis.
An establishment that retails products and materials for
business and office use.
The keeping, in an unprotected, unroofed area, of any goods,
junk, material, merchandise or vehicles in the same place for more
than twenty-four (24) hours.
Any place, lot, parcel or yard used in whole or in part for
storing or parking of two (2) or more vehicles where such usage is
not incident to or in conjunction with a single-family dwelling or
other usage permissible in single-family dwelling districts and located
on the same tract.
A durably surfaced area, enclosed in the main building, in
an accessory building or unenclosed, sufficient in size to store one
(1) standard automobile and if the space is unenclosed, comprising
an area of not less than three hundred (300) square feet which is
suitable to parking an automobile and driveway and shall be inclusive
of all driveways in the parking area but exclusive of access driveways
to reach such parking area or areas.
A level, unenclosed surfaced area, not exceeding twelve (12)
inches in height, located at the finished grade that is usually directly
adjacent to an attached building. Patio does not include a deck.
An establishment or place of business primarily engaged in
the sale of merchandise in which merchandise is offered as collateral
for obtaining loans and wherein such merchandise is offered for sale
in recompense for default of loan repayment or engaged in lending
money on the security of pledged personal property on the condition
that the pledged personal property may be redeemed or repurchased
by the seller for a fixed amount of money within a fixed period of
time.
An establishment in the business of making unsecured loans
under five hundred dollars ($500.00) and that is registered with the
appropriate State agency, department or official as may be required
by law.
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, marital community, joint venture, governmental
entity or other entity or group of persons however organized.
A place of business primarily engaged in the cleaning, bathing,
brushing and cutting of hair of household pets and where the pets
are not kept overnight.
An individual who is licensed and in good standing to practice
medicine or osteopathy under Missouri law.
[Ord. No. 19-589, 6-10-2019]
A document, whether handwritten, electronic or in another
commonly used format, signed by a Physician and stating that, in the
Physician's professional opinion, the patient suffers from a qualifying
medical condition as defined in Missouri State law.
[Ord. No. 19-589, 6-10-2019]
An open unoccupied space other than a street or alley permanently
reserved as the principal means of access to abutting property.
A building used for mass assembly of people for social, cultural,
educational or religious purposes. Such use may include schools (elementary
and high), accessory gymnasiums, community buildings, churches, synagogues
and other places of worship.
A platform that may be screened, projecting from the wall
of a building and with direct access to or from a building. Porch
does not include a deck.
The United States Post Office or shipping packing store where
no warehousing and distribution is involved.
An area of land with its appurtenances and buildings that,
because of its unity of use, is one (1) unit of real estate.
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 under the rules and regulations
of the Department and possesses a Department issued Primary Caregiver
or Primary Caregiver Cultivation Identification Card.
[Ord. No. 19-589, 6-10-2019]
An establishment used by a Federal, State and local government
agency that administers, oversees and manages public programs and
has executive or legislative authority and which develops policy,
creates laws and provide for public safety.
A Missouri resident diagnosed with at least one (1) qualifying
medical condition as defined in Missouri State law and possessing
a Department issued Qualifying Patient or Qualifying Patient Cultivation
Identification Card.
[Ord. No. 19-589, 6-10-2019]
An establishment that provides tangible goods, such as automobiles,
computers, consumer goods and industrial machinery and equipment,
to customers in return for a periodic rental or lease payment. These
establishments may rent consumer goods and equipment or may lease
machinery and equipment for business operations. Establishments may
or may not operate from a retail or storefront facility and may offer
short- or long-term leases. Note the following exceptions: Establishments
that primarily lease in combination with providing loans; establishments
that primarily lease real property; establishments primarily renting
or leasing equipment with operators; and establishments that also
sell new cars.
A business establishment primarily engaged in specialized
repair services at the customer's premises including, but not limited
to, repairs to major appliances, heating and air conditioning units,
plumbing systems, electrical systems, as well as pipe and drain cleaning,
tuck pointing and driveway sealing.
A business establishment primarily engaged in specialized
repair services such as appliance repair, jewelry repair, bicycle
repair, leather goods repair, lawn mower and lawn equipment repair,
lock and gun repair, musical instrument repair and radio, stereo,
VCR, computer or TV repair where the repairs primarily take place
at the business establishment. This use does not include "automotive
repair shops".
Any walk-up or drive-through establishment primarily engaged
in the sale of food or drink for consumption, either on or off the
premises, by order from or service to persons either over an interior
counter, outside the structure or from an outdoor service window or
automobile service window or by delivery. This definition shall not
include otherwise permitted restaurants where outdoor table service
is provided to customers in established outdoor dining areas or where
drive-through or take-out service is an incidental service.
An establishment or place of business primarily engaged in
the preparation of full course meals served for consumption on premise,
with complete kitchen facilities for preparation of the food sold
and where alcoholic beverages may be sold in conjunction with meals
or at a bar within the restaurant, provided that more than fifty-one
percent (51%) of the revenue generated at the restaurant is related
to food sales. This term includes fast-food restaurants.
An establishment that operates at fixed point-of-sale locations,
which are designed to attract a high volume of walk-in customers,
where manufactured or processed merchandise such as apparel, accessories,
small wares, books, toys, clothing or shoes is purchased by the owner
or operator thereof and displayed and resold as new merchandise to
the general public for personal or household consumption. It does
not include an establishment where food is processed, prepared or
cooked for consumption and sale, any of the uses set forth under automotive
services or any other such retail use specifically permitted or prohibited.
An architecturally decorative wall as for enclosing, separating
or cutting off from view a courtyard or patio.
A public, private, religious or parochial school giving instruction
in a grade or grades not lower than the sixth nor higher than the
twelfth grade
[Ord. No. 19-589, 6-10-2019]
See "YARD REQUIREMENT(S)".
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 such floor and the ceiling
next above it.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two (2) opposite exterior walls are not more
than two (2) feet above the floor of such story.
A thoroughfare which affords the principal means of access
to abutting property.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders, or any substantial change
in the roof and exterior walls.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground or attached to something
having a permanent location on the ground. Without limiting the generality
of this definition, structure shall include tennis courts, swimming
pools, fences, billboards, pagodas, decks, crib walls, retaining walls
and permanently located play equipment. Swimming pools, decorative
timbers, driveways, patios, sidewalks, crib and retaining walls under
eighteen (18) inches in height are not included in this definition.
One (1) or more of the following:
An establishment or facility licensed by the State of Missouri
Division of Professional Registration and holding a permit to operate
issued by the Health Director for St. Louis County where the art/service
of tattooing, is offered to patrons to be performed by professionals
so licensed by the State of Missouri Division of Professional Registration
or apprentices under direct supervision of such professionals.
[Ord. No. 19-588, 6-10-2019]
Any structure constructed for a temporary period of time
that has a canvas or fabric roof and is supported by less than four
(4) walls and is designed primarily for the sale of goods for a temporary
period of time within two hundred (200) feet of public right-of-way.
A building or premises devoted to showing motion pictures
or for live dramatic or musical performances. Terms associated with
theater shall be defined as follows:
Any person, entity or business that lends money to a borrower
and in exchange retains physical possession of the State-issued certificate
of title to the personal property of the borrower.
An establishment or place of business primarily engaged in
retail sale for consumption off the premises of tobacco and/or tobacco-related
products ("tobacco products") and/or an establishment where one-half
(½) or more of the net floor area is dedicated to or where
one-half (½) or more of the gross receipts are derived from
the sale of tobacco products.
See "DWELLING".
A single unit of real property under one (1) ownership, which
may be platted or unplatted.
A portable structure supported by wheels, jacks, horses,
skids or blocks without permanent foundation that is towed or hauled
by another vehicle, used for temporary human occupancy, to carry materials,
goods or objects; or use as a temporary office.
Referring to persons, shall mean two (2) or more people not
related by blood, marriage or adoption.
The purpose or activity for which the land or structure thereon
is designed, arranged or intended or for which it is occupied or maintained.
A lot or parcel of land on which pre-owned or used, operable
vehicles, including automobiles, trailers and trucks, are displayed
for sale or trade.
An establishment or place of business primarily engaged in
the retail sale of used merchandise or secondhand goods, such as used
clothes, antiques, secondhand books or rare manuscripts, or items
of architectural salvage, but not including used cars or other motorized
vehicles.
Any passenger vehicle, motorcycle, recreational vehicle,
truck, trailer truck or semi-trailer that is propelled or drawn by
mechanical power.
An establishment or place of business primarily engaged in
the medical care and treatment of animals.
A business establishment primarily engaged in the retail
sale or rental or prerecorded music, movies or other audio or video
programs. This excludes adult media outlets.
The Village of Marlborough, Missouri.
A commercial establishment not engaged in the retail sales
of goods that encourages its customers or patrons to park and leave
their vehicle briefly to transact business.
An open space on the same lot with a building unoccupied
and unobstructed from the ground upward except as otherwise provided
herein.
Statuary, arbors, trellises, pergolas, barbecue stoves, doghouses
and gazebos.
A line parallel to the respective lot line and internal to
the lot that defines the required building setback as specified in
the zoning district regulations. The derivations of the yard or setback
line shall maintain the following definitions:
YARD, FRONT: A yard extending across the front
of the lot between the side lot lines and measured between the front
lot line and a line parallel to the front of the main building extending
from side lot to side lot line, and
YARD, REAR: A yard extending across the full
width of the lot and measured between the rear lot line and a line
parallel to the rear of the main building. If there is no rear lot
line, the rear yard shall extend from a line parallel to the rear
of the main building to its intersection with the side lot lines and
then to the intersection of the two (2) side lot lines.
YARD, SIDE: A yard between the main building
and the side lot line and extending from the front yard to the rear
yard.
 |
[Ord. No. 05-424 §1, 11-14-2005]
A.
In
order to regulate and restrict the location of businesses and residences
and the location of buildings erected or altered for specific uses
and to regulate and limit the height of buildings hereafter erected
or altered, to regulate and determine area of yards and other open
spaces and to regulate and limit the density of population, the Village
is hereby divided into districts of which there shall be four (4)
known as:
B.
The Village is hereby divided into the four (4) zoning districts set forth in Subsection (A) above and the boundaries of such districts are shown upon the map which is on file in the Village offices and made a part of this Chapter, being designated as the current official Zoning Map (the "map") and the map and all the notations, references and other information shown thereon shall be as much a part of the ordinance as if the matters and information set forth by the map were all fully described herein, the map, as amended, being incorporated into and on file with this Chapter in the office of the Village Clerk.
C.
Except
as herein provided:
1.
No building shall be exacted, converted, reconstructed or structurally
altered nor shall any building or land be used for any purpose other
than is permitted in the district in which such building or land is
located.
2.
No building shall hereafter be erected or structurally altered unless
located on a lot as herein defined and in no case shall there be more
than one (1) building on one (1) lot except as hereinafter provided.
[Ord. No. 05-424 §1, 11-14-2005]
A.
In
the "R-1" Single-Family Residential District, no building or land
shall be used and no building shall be hereafter erected, converted
or structurally altered unless otherwise provided in this Chapter,
except for one (1) or more of the following uses:
1.
Permitted uses.
a.
Single-family dwellings (including attached or detached garage). In the case of any residential home for mentally or physically handicapped
persons, the exterior appearance of the home and property shall be
in reasonable conformance with the general neighborhood standards.
Further, the density of such individual homes in any specific single-family
dwelling neighborhood shall not be more than one (1) per square mile.
b.
Parks and playgrounds owned or operated by the Village.
2.
Planned uses. As may be limited by applicable law, the Board of Trustees, by approval of a redevelopment plan pursuant to the procedures and requirements of Section 405.090 (as applicable), may authorize, subject to any conditions imposed under the redevelopment plan and all other provisions of this or any other Village ordinance and all applicable laws of St. Louis County and the State of Missouri, a building or land in the residence districts to be used for the following purposes:
3.
Accessory uses. In addition to the principal uses
above, the following accessory uses shall also be permitted:
a.
Home occupations, provided that:
(1)
No sign or display is used that will indicate from the exterior
that the building is being utilized for any purpose other than that
of a dwelling;
(2)
No stock in trade is kept nor commodities sold on the premises;
(3)
No person shall be employed and working at the premises other
than a member of the immediate family residing in the premises; and
(4)
No mechanical equipment may be used except such as is permissible
for purely domestic or household purposes.
b.
Temporary buildings for uses incidental to construction work, which
buildings shall be removed upon completion or abandonment of the construction
work.
c.
Church or public building bulletin boards not exceeding twenty (20)
square feet in area and temporary signs appertaining to the lease,
hire or sale of a building or premises not exceeding twelve (12) square
feet in area.
d.
Play equipment, sheds and yard ornaments accessory to single-family
residences shall be confined to the rear yard.
4.
Regulations for garages. No garage, whether attached
to or detached from the main structure, shall exceed thirty (30) feet
by twenty-four (24) feet. The garage ridge line shall not be higher
than the main building ridge line, where attached, nor more than one
and one-half (1½) stories (fifteen (15) feet). No lot shall
contain more than one (1) garage.
[Ord. No. 05-424 §1, 11-14-2005]
A.
In
the "R-2" Multiple-Family Residential District, no building or land
shall be used and no building shall be hereafter erected, converted
or structurally altered unless otherwise provided in this Chapter,
except for one (1) or more of the following uses:
2.
Planned uses. As may be limited by applicable law, the Board of Trustees, by approval of a redevelopment plan pursuant to the procedures and requirements of Section 405.090 or Section 405.095 (as applicable), may authorize, subject to any conditions imposed under the redevelopment plan and all other provisions of this or any other Village ordinance and all applicable laws of St. Louis County and the State of Missouri, a building or land in the residence districts to be used for the following purposes:
3.
Accessory uses. In addition to the principal uses
above, the following accessory uses shall also be permitted:
a.
Home occupations, provided that:
(1)
No sign or display is used that will indicate from the exterior
that the building is being utilized for any purpose other than that
of a dwelling;
(2)
No stock in trade is kept nor commodities sold on the premises;
(3)
No person shall be employed and working at the premises other
than a member of the immediate family residing in the premises; and
(4)
No mechanical equipment may be used except such as is permissible
for purely domestic or household purposes.
b.
Temporary buildings for uses incidental to construction work, which
buildings shall be removed upon completion or abandonment of the construction
work.
c.
Church or public building bulletin boards not exceeding twenty (20)
square feet in area and temporary signs appertaining to the lease,
hire or sale of a building or premises not exceeding twelve (12) square
feet in area.
4.
Regulations for garages. No garage, whether attached
to or detached from the main structure, shall exceed thirty (30) feet
by twenty-four (24) feet. The garage ridge line shall not be higher
than the main building ridge line, where attached, nor more than one
and one-half (1½) stories (fifteen (15) feet). No lot shall
contain more than two (2) garages.
[Ord. No. 05-424 §1, 11-14-2005; Ord. No. 06-431 §2, 3-13-2006]
A.
Land Uses And Development. All permitted uses in the "C-1" Commercial District shall be planned uses requiring approval of a site plan except those not meeting the criteria set forth in Section 405.090 or Section 405.095. The following list of principal uses establishes the principal uses that are permitted. No building or land shall be used and no building or land shall be hereafter erected, converted or structurally altered unless otherwise provided in this Chapter, except for one (1) or more of the following planned uses.
B.
Unlisted Uses. Any defined use not listed is specifically
prohibited. Uses not listed have been determined either not to be
appropriate in the "C-1" District, incompatible with certain existing
uses or sufficiently rare or unexpected as to be incapable of being
listed at the time of adoption of this Land Use Code. Notwithstanding
the exclusion of any use from the list of principal uses, any use
required to be permitted as of right in the "C-1" District by applicable
Federal or State law shall be so permitted. Such shall be authorized
in the "C-2" District only subject to the following conditions:
1.
The use shall be permitted only to the extent required by law to
be permitted;
2.
The use shall be approved only as a planned use, except if by law
it is required to be permitted by right;
3.
The use shall be located no closer than five hundred (500) feet from
any residence, residential property, park, school or church, except
as may be modified by the Board of Trustees through a planned use
procedure;
4.
The use shall maintain a distance of at least one thousand (1,000)
feet from any other similar use;
5.
No use shall occupy a structure in excess of five thousand (5,000)
square feet without an approved alternate parking plan designed for
that use and supported by a traffic study submitted to and approved
by the Board of Trustees.
C.
Principal Uses.
[Ord. No. 19-588, 6-10-2019; Ord. No. 19-589, 6-10-2019]
|
LIST OF PRINCIPAL USES*
|
|---|
|
Art/photography gallery/studio
|
|
Automotive body and paint center
|
|
Automotive customizing shop
|
|
Automotive parts and supply store
|
|
Automotive repair shop
|
|
Automotive sales
|
|
Automotive tire store
|
|
Banking and financial institutions
|
|
Banquet/party facility
|
|
Bar or tavern
|
|
Civic or fraternal organization
|
|
Condominiums (mixed planned use)
|
|
Convenience store
|
|
Drug store/pharmacy
|
|
Grocery store
|
|
Hardware store
|
|
Health club or fitness center
|
|
Home improvement store
|
|
Institutions
|
|
Laundry, dry cleaning or garment services
|
|
Library
|
|
Massage therapy
|
|
Medical and hospital supplies and equipment
|
|
Medical Marijuana Dispensary Facility
|
|
Museum
|
|
Music store
|
|
Offices, business or medical
|
|
Office supply
|
|
Park
|
|
Pet grooming
|
|
Places of public assembly
|
|
Post office/shipping store
|
|
Public administration
|
|
Rental and leasing services
|
|
Repairs services (on-/off-site)
|
|
Restaurant, general
|
|
Retail, general light
|
|
Tattoo Facility
|
|
Theater
|
|
Used car lot
|
|
Veterinarian
|
|
Video and audio recording sales and rental
|
|
Any building or structure used primarily for any of the above-listed
uses shall have no more than forty percent (40%) of the floor area
devoted to industry and/or storage use incidental to such primary
use nor shall more than five (5) employees be engaged at any time
on the premises in any such incidental use.
|
D.
Accessory Uses. Subject to Building Code, permitting and
application requirements or the Village as well as the redevelopment
plan process, the following accessory uses are allowed in the "C-2"
District:
E.
Specifically Prohibited Uses. Unless otherwise required
by law, the following businesses are hereby prohibited in any zoning
district of the Village of Marlborough, Missouri:
[Ord. No. 19-588, 6-10-2019]
A.
Tattoo
'Artist' And 'Facility' Permitting And Licensure.
1.
No practitioner of tattooing shall practice and no facilities in
which tattoos are applied shall be operated without a license issued
by the director of the Division of Professional Registration for the
State of Missouri and be currently in good standing.
2.
No Tattoo Facility shall operate within the Village without having
in place a permit from the St. Louis County Health Director pursuant
to Chapter 621 of the St. Louis County Code of Ordinances to operate
the establishment and no Tattoo 'artist' may perform the art of tattooing
unless such person has obtained an Operator's Card from the St. Louis
County Health Director pursuant to Chapter 621 of the St. Louis County
Code of Ordinances.
3.
No Tattoo Facility shall operate within the Village without having applied for and having approved a Business License pursuant to Chapter 605 of the Village Code.
4.
Continued operation in the Village shall always require such State
licensure, St. Louis County permitting and Operator's licensure, and
Business License issued by the Village to remain valid.
B.
Display
Of License Required. The facility license and all licenses for practitioners
of tattooing issued by the State of Missouri, St. Louis County and
any and all licenses or permits issued by the Village shall be displayed
at or near the front of the facility in a manner that makes them easily
visible to any patron entering the facility.
C.
Spacing
Requirement For Tattoo Facilities.
1.
No Tattoo facility shall be located within one thousand (1,000) feet
of any then-existing Elementary or Secondary School, Day Care Facility,
or Church. For the purposes of this Chapter, "then-existing" shall
mean any elementary school, secondary school, child day care center,
or church, with a building permit from the Village to be constructed,
or under construction, or completed and in use at the time the Tattoo
Facility applies for zoning authorization.
2.
For purposes of this Chapter, the above spacing requirement shall
be measured as follows:
a.
In the case of a freestanding facility, the distance between the
facility and the Elementary or Secondary School, Day Care Facility,
or Church shall be measured from the property line of the facility
to the closest point of the property line of the Elementary or Secondary
School, Day Care Facility, or Church.
b.
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 Elementary or Secondary School, Day Care Facility, or Church
shall be measured from the property line of the Elementary or Secondary
School, Day Care Facility, or Church to the facility's entrance or
exit closest in proximity to the Elementary or Secondary School, Day
Care Facility, or Church.
c.
Measurements shall be made along the shortest path between the demarcation
points that can be traveled by foot.
D.
Hours
Of Operation. Tattoo facilities shall only be open between the hours
of 9:00 a.m. and 9:00 p.m., Monday through Saturday.
1.
Tattoo Facilities shall be closed on Sundays.
2.
Tattoo Facilities shall be closed to the public after the hours listed
in this Subsection and no persons not employed by the Tattoo Facility
may be present in such facility at any time closed to the public.
3.
All tattooing, whether by appointment or walk-in shall be scheduled
in such a way as to comply with the provisions of this Subsection
E.
Development Plan Required. No Tattoo Facility shall be allowed unless a Site Development Plan pursuant to Section 405.090 or a Sketch Plan pursuant to Section 405.095, whichever applies to the applicant, has been submitted to and approved by the Village. Under no circumstances shall a Tattoo Facility be approved without approval of either a Site Development Plan or a Sketch Plan as determined by the nature of the application and the terms of Section 405.090 and 405.095.
F.
Inspection.
All Tattoo Facilities shall submit, at least twice annually, as required
by County regulations, and at any other time initiated by the Health
Department of St. Louis County, to an inspection of such facility
to ensure compliance with all provisions found in Title VI, "Public
Health and Welfare," Chapter 621, "Tattoo and Body Piercing Establishment
Code" of the St. Louis County Code of Ordinances.
G.
Signage. All signage for Tattoo Facilities must comply with all provisions of Chapter 505, "The Sign Ordinance of Marlborough," including, but not limited to, the permit requirement of Section 505.090 and the requirement of Section 505.060 that all signs be approved by the Village Clerk or that person's designee.
H.
Additional Requirements. Tattoo Facilities and tattoo artists must, at all times, comply with all standards set by St. Louis County and the Missouri Division of Professional Registration, including, but not limited to, all sanitation and health requirements and standards, all permitting and licensing, all standards in the Municipal Code of the Village of Marlborough, including, but not limited to, Chapter 215, Nuisances and the requirements found in Section 405.065 of the Municipal Code of the Village of Marlborough.
[Ord. No. 05-424 §1, 11-14-2005]
A.
All permitted uses in the "C-2" Higher Intensity Commercial District shall be planned uses requiring approval of a site development plan except those not meeting the criteria set forth in Section 405.090 or Section 405.095. In the "C-2" Higher Intensity Commercial District, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered unless otherwise provided in this Chapter, except for one (1) or more of the following uses:
1.
Any use permitted in "C-1" Commercial District.
[Ord. No. 19-589, 6-10-2019]
2.
Light manufacturing establishment of less than ten thousand (10,000)
square feet under roof that does not emit smoke, odor, noise, dust
or gas to an extent that would be obnoxious or offensive with no outside
storage.
3.
Light office, warehousing and distribution establishment of less
than ten thousand (10,000) square feet under roof with no outside
storage.
4.
Any use not listed, but constituting a use that is required to be
permitted by law, shall be authorized in the "C-2" District only subject
to the following conditions.
5.
Medical Marijuana Cultivation Facilities, Medical Marijuana-Infused Products Manufacturing Facilities, Medical Marijuana Testing Facilities, and Medical Marijuana Transportation Facilities which all shall be subject to approval of either a Site Development Plan, pursuant to Section 405.090, or a Sketch Plan pursuant to Section 405.095, whichever is applicable, and must at all times comply with all requirements of Article XIV, Section 1 of the Missouri Constitution, all rules and regulations issued by the Department of Health and Senior Services for the State of Missouri, all requirements of the Zoning Regulations of the Village of Marlborough, and all relevant requirements of the "C-2" Higher Intensity Commercial District, including, but not limited to, the requirements found in Section 405.065 of the Municipal Code of the Village of Marlborough.
[Ord. No. 19-589, 6-10-2019]
A.
Vehicle Access, Driveways And Parking Requirements.
1.
Driveways and parking areas shall be designed to accommodate efficient
vehicle stacking during peak periods based on a site specific traffic
analysis. All site plans showing ingress or egress from a State highway
or County road submitted to the Village shall be simultaneously submitted
for review and comment by the Missouri Department of Transportation
(MODOT) and the St. Louis County Department of Highways and Traffic
(SLCO). The applicant shall demonstrate to the Village such submission
to MODOT and should copy the Village on all correspondence with MODOT/SLCO.
No MODOT/SLCO approval shall be considered final until the Village
has communicated its requirements and/or concerns to MODOT/SLCO or
has formally waived this requirement.
2.
Where possible, parking lots and service alleys should not dominate
the street frontage. Building walls and entries, landscape conditions
and pedestrian areas should create the primary focus from the street.
3.
Service alleys and other service zones shall not be located in areas
that are visible from public roads or neighborhood entry throughways.
4.
The classification used to determine parking requirements in the
Village of Marlborough is "neighborhood center" or "community center"
as defined by the Urban Land Institute guide to parking requirements.
Parking requirements may be modified on a project basis with supporting
traffic engineering/parking plan approved by the Village. Parking
ratios should be determined based on type of commercial use according
to the following ratios:
|
All commercial uses with less than 11% of GLA* in entertainment
and/or cinema space)
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|
3.7 cars per 1,000 SF of GLA
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|
Parking ratios may be reduced to 3.0 per 1,000 SF of GLA if
employee parking is accommodated off site or by other sustainable
arrangement approved by the Village.
| |
|
Commercial uses with over 10% of GLA in entertainment
and/or cinema space
| |
|
Shared parking — parking spaces shall be used to serve
two (2) or more individual land uses without conflict or encroachment
as determined and approved by the Village.
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|
Commercial uses with restaurant or freestanding restaurant
| |
|
1 car per every 2 seats
| |
|
* GLA (Gross Leasable Area) means the total floor area of a
building designed for tenant occupancy, excluding halls, corridors
and other areas used in common by tenants of the building expressed
in square feet and measured from the centerline of joint partitions
and exteriors of outside walls.
| |
|
Example parking requirements: 5,000 SF of GLA with no restaurant
and no provision for employee parking and less than 11% of GLA in
entertainment and/or cinema space would require (5) x 3.7 spaces =
18.5 parking spaces.
| |
5.
All streets will be provided with sidewalks. Sidewalks should be
a minimum of four (4) feet in width.
6.
Americans With Disabilities Act (ADA) requirements should be adhered
to in all instances.
B.
Landscape, Buffers And Screening.
1.
General parking lot and service area landscape requirements:
a.
A thirty (30) foot wide landscape buffer should be implemented on
all commercial parcels where such parcels abut residential or other
non-commercial uses.
b.
A minimum of one (1) large canopy tree (minimum three (3) inch caliper)
should be planted within the boundary of the parking lot for every
ten (10) parking spaces developed, but the number of trees should
not be less than two (2) in any case. Minimum spacing between each
tree planted should be twenty (20) feet.
c.
Minimum six (6) feet wide landscape strips or planting islands are
required between each parking bay when there are fifty (50) or more
parking spaces developed within a site. Where any landscape area exists
adjacent to a parking space, that space should be separated from the
landscape area by wheelstops placed at least two (2) feet from the
edge of the landscape area.
d.
All parking areas should be screened with evergreen hedges or other
suitable landscaping.
e.
All utility service, including, but not limited to, meters, vaults,
sprinkler risers, vacuum breakers and trash containers, and service
or loading areas should be screened with evergreen hedges or walls/screens.
These screening devices should be of a minimum height to extend above
and completely block the view of such areas or devices within one
(1) year of the time of installation.
f.
In any case, the perimeter screen area surrounding parking lots and/
or utility service areas should include a landscape area no less than
five (5) feet wide with a length equal to the perimeter length of
the area to be screened.
C.
Minimum Off-Street Parking Dimensions And Related Regulations. The regulations of this Subsection shall govern the dimensions and
configuration of off-street parking spaces.
1.
Except as otherwise provided for in this Subsection, the requirements
for off-street parking of this Zoning Code shall be implemented with
regard to the minimum dimensions in the following table:
|
PARKING TABLE
| |||
|---|---|---|---|
|
Parking angle
|
45°
|
60°
|
90°
|
|
Stall width
|
9.0 feet
|
9.0 feet
|
9.0 feet
|
|
19 feet minimum stall to curb
|
19.7 feet
|
21.0 feet
|
19.0 feet
|
|
Aisle width*
|
12.5 feet
|
17.5 feet
|
22.0 feet
|
|
Curb length per car
|
12.7 feet
|
10.5 feet
|
9.0 feet
|
|
Curb to curb
|
51.9 feet
|
59.5 feet
|
60.0 feet
|
|
Center to center width of double row with aisle between
|
45.6 feet
|
55.0 feet
|
—
|
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* Additional width may be required where the aisle serves as
the principal means of access to on-site buildings or structures.
| |||
2.
Parking spaces designated for the handicapped.
a.
Parking spaces designated for physically handicapped persons shall
be at least eight (8) feet wide with a five (5) foot access aisle
immediately adjacent. Two (2) handicapped parking spaces may share
a common access aisle.
b.
Parking spaces designated for physically handicapped persons shall
be located on the shortest possible accessible circulation route to
an accessible entrance of the building. In separate parking structures
or lots which do not serve a particular building, parking spaces for
physically handicapped persons shall be located on the shortest possible
pedestrian route to an accessible pedestrian entrance of the parking
facility.
c.
Each parking space designated for physically handicapped persons
shall be provided with a freestanding sign bearing the international
symbol of accessibility in white on a blue background.
d.
The number of accessible parking spaces required to be provided for
physically handicapped persons shall be based upon the total number
of parking spaces provided as set forth in the applicable International
Building Code, BOCA National Building Code or other building code
as adopted by the Village.
3.
In the event that the desired parking angle is not specified by the
above table, the Village may specify other equivalent dimensions associated
with the desired parking angle by interpolating from dimensions listed
in the table.
4.
A stall dimension of eight and one-half (8½) feet by eighteen
(18) feet or equivalent may be utilized for off-street parking stalls
provided in excess of the minimum requirements as set forth in this
Section when designated for compact car use.
5.
On-site parallel parking stall shall be nine (9) feet by twenty-two
(22) feet adjacent to a twenty-two (22) feet two-way lane or fifteen
(15) feet one-way lane.
6.
Curbed islands are required at ends of aisles where necessary for
traffic control or drainage.
7.
In addition to the above parking and loading requirements, the following
standards shall apply:
a.
All parking and loading areas, including driveways serving non-residential
uses, shall be paved in accordance with this Subsection.
b.
All areas for off-street parking and loading shall be so arranged
that vehicles at no time shall be required to back into any street
or roadway to gain access thereto.
D.
Service, Loading And Utilities.
1.
Loading areas should be accommodated entirely on-site for each parcel.
2.
Parallel parking space for delivery vehicles should be provided along
service drives or in specially designated courts or loading areas.
3.
Loading docks and trash storage should not be located along street
frontages and should be screened from view with landscape or architectural
elements designed as part of the building structure. Service elements
such as loading doors should be integrated with the building elevation
design so as to minimize the visual impact of such elements.
4.
All new installations and replacement of existing exterior utilities
such as water, gas, sewerage, electrical and communication lines should
be installed underground.
5.
Where potentially visible from a public street, all mechanical equipment,
utility meters, storage tanks, air conditioning equipment and similar
equipment should be screened from view by landscaping (see landscape,
buffers and screening) or architectural elements integrated into the
structure.
E.
Lighting.
1.
Building illumination and architectural lighting shall be indirect
in character (no light source visible). Indirect wall lighting, overhead
down-lighting or interior illumination which spills into the landscape
is encouraged. Architectural lighting shall articulate and animate
the particular building design as well as provide the required functional
lighting for safety and clarity of pedestrian movement. Site lighting
shall be a maximum of five-tenths (0.5) foot-candles at the property
line.
2.
Lighting should not impact adjacent residential neighborhoods or
traffic movement.
F.
Supplemental
Regulations For Medical Marijuana Uses.
1.
Medical Marijuana Dispensaries.
2.
"C-1" Commercial District; West of Laclede Station Road Only. So
as to not materially exacerbate the existing traffic congestion issue
prevalent within the Village along Watson Road, east of Laclede Station
Road, the Board of Trustees deem it in the best interest of the Village,
its residents, and businesses to require any Medical Marijuana Dispensary
Facility seeking to locate within the Village to so locate only within
the portion of the "C-1" Commercial District that is west of Laclede
Station Road, and in no other Zoning District currently existing within
the Village.
a.
The location of any Medical Marijuana Dispensary within the Village east of Laclede Station Road requires: (a) successful application for amendment to the written text of this Zoning Code pursuant to Section 405.105, or (b) successful application for variance from the requirements of the Zoning Code made to the Board of Adjustment pursuant to Section 405.110.
3.
State License Required. All Medical Marijuana Dispensary Facilities
must have the appropriate license and any other required authorization
to operate the Medical Marijuana Dispensary Facility from the Missouri
Department of Health and Senior Services to operate in the Village.
Applicant may seek zoning approval prior to being granted a State
license, but no final approval shall be given until such State issued
license has been obtained and satisfactory proof of such licensure
has been provided to the Village. Continued operation in the Village
shall always require such licensure to remain valid.
4.
Spacing Requirement For Medical Marijuana Dispensary Facilities.
a.
No Medical Marijuana Dispensary Facility shall be located within
one thousand (1,000) feet of any then-existing Elementary or Secondary
School, Day Care Facility, or Church. For the purposes of this Chapter,
"then-existing" shall mean any Elementary School, Secondary School,
Day Care Facility, or Church, with a building permit from the Village
to be constructed, or under construction, or completed and in use
at the time the Medical Marijuana Dispensary Facility applies for
zoning authorization.
(1)
No Medical Marijuana Dispensary Facility shall be located within
one thousand (1,000) feet of any other Medical Marijuana Dispensary
Facility.
(2)
For purposes of this Chapter, the above spacing requirement
shall be measured as follows:
(a)
In the case of a freestanding facility, the distance between
the facility and the Elementary or Secondary School, Day Care Facility,
or Church shall be measured from the external wall of the facility
structure closest in proximity to the Elementary or Secondary School,
Day Care Facility, or Church to the closest point of the property
line of the Elementary or Secondary School, Day Care Facility, or
Church.
(b)
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 Elementary or Secondary School, Day Care Facility,
or Church shall be measured from the property line of the Elementary
or Secondary School, Day Care Facility, or Church to the facility's
entrance or exit closest in proximity to the Elementary or Secondary
School, Day Care Facility, or Church.
(c)
Measurements shall be made along the shortest path between the
demarcation points that can be traveled by foot.
b.
Outdoor Operations Or Storage. No outdoor operations or storage shall
be allowed.
c.
On-site Usage Prohibited. No Marijuana may be smoked, ingested, or
otherwise consumed or Administered on the premises of any Medical
Marijuana Dispensary Facility.
d.
Display Of Licenses Required. The Medical Marijuana Dispensary Facility
license issued by the State of Missouri and any and all licenses or
permits issued by the Village shall be displayed as required by State
regulations.
e.
Hours Of Operation. All sales or distribution of Medical Marijuana
and any other products sold to the public through a Medical Marijuana
Dispensary shall take place between the hours of 9:00 a.m. and 10:00
p.m. Medical Marijuana Dispensaries shall be secured and closed to
the public after the hours listed in this Subsection and no persons
not employed by the Medical Marijuana Dispensary Facility may be present
in such facility at any time closed to the public.
f.
Development Plan Required. No Medical Marijuana Dispensary Facility shall be allowed to operate within the Village unless the applicant submits a Site Development Plan pursuant to Section 405.090, if applicable, or in all other cases, a Sketch Plan pursuant to Section 405.095, and the plan is approved by the Village Board of Trustees. Under no circumstances shall a Medical Marijuana Dispensary Facility be allowed to operate within the Village without approval of either a Site Development Plan or a Sketch Plan as determined by the nature of the application and the terms of Sections 405.090 and 405.095.
g.
Drive-Throughs. Medical Marijuana Dispensary Facilities shall submit a Site Development Plan and follow all requirements found in Section 405.090 of the Code of the Village should they wish to utilize a drive-through window as required by Section 405.090(B)(1)(c).
h.
Odor And Nuisance. Every Medical Marijuana Dispensary Facility shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in compliance with Chapter 215, Nuisances, of the Village Code, the Property Maintenance Code and all applicable performance standards.
i.
Security. Every Medical Marijuana Dispensary Facility shall, at all
times, have and maintain security systems, equipment, and procedures
at least as stringent as those which are required by State regulations.
j.
Additional Requirements. All Medical Marijuana Dispensary Facilities shall comply with all provisions of the Zoning Regulations of the Village of Marlborough, including, but not limited to the requirements found in Section 405.065 of the Village Code, all provisions of Article XIV, Section 1 of the Missouri Constitution as well as any and all rules and regulations promulgated by the Department of Health and Senior Services for the State of Missouri regulating Medical Marijuana including but not limited to security requirements, lighting, parking, and patient verification requirements.
5.
Medical Marijuana Cultivation Facilities, Medical Marijuana-Infused
Products Manufacturing Facilities, Medical Marijuana Testing Facilities,
and Medical Marijuana Transportation Facilities (hereinafter referred
to collectively as "Non-Retail Medical Marijuana Facilities or Non-Retail
Medical Marijuana Facility") ("C- 2" District Only).
a.
State License Required. All Non-Retail Medical Marijuana Facilities
must have the appropriate license and any other required authorization
to operate from the Missouri Department of Health and Senior Services
to operate in the Village. Applicant may seek zoning approval prior
to being granted a State license, but no final approval shall be given
until such State issued license has been obtained and satisfactory
proof of such licensure has been provided to the Village. Continued
operation in the Village shall always require such licensure to remain
valid.
b.
Spacing Requirement For Non-Retail Medical Marijuana Facilities.
(1)
No Non-Retail Medical Marijuana Facility shall be located within
one thousand (1,000) feet of any then-existing Elementary or Secondary
School, Day Care Facility, or Church. For the purposes of this Chapter,
"then-existing" shall mean any Elementary School, Secondary School,
Day Care Facility, or Church, with a building permit from the Village
to be constructed, or under construction, or completed and in use
at the time the Non-Retail Medical Marijuana Facility applies for
zoning authorization.
(2)
For purposes of this Chapter, the above spacing requirement
shall be measured as follows:
(a)
In the case of a freestanding facility, the distance between
the facility and the Elementary or Secondary School, Day Care Facility,
or Church shall be measured from the external wall of the facility
structure closest in proximity to the Elementary or Secondary School,
Day Care Facility, or Church to the closest point of the property
line of the Elementary or Secondary School, Day Care Facility, or
Church.
(b)
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 Elementary or Secondary School, Day Care Facility,
or Church shall be measured from the property line of the Elementary
or Secondary School, Day Care Facility, or Church to the facility's
entrance or exit closest in proximity to the Elementary or Secondary
School, Day Care Facility, or Church.
(c)
Measurements shall be made along the shortest path between the
demarcation points that can be traveled by foot.
c.
Outdoor Operations Or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in a secured area enclosed by a fence meeting the Village's requirements for fencing type, maximum height and setback requirements, including, but not limited to, all requirements of fencing found in Chapter 520 of the Village Code and/or in any approved development plan. Outdoor operations or storage shall only be allowed for a Medical Marijuana Testing Facility and a Medical Marijuana Transportation Facility to the extent authorized by State regulations.
d.
On-site Usage Prohibited. No Marijuana may be smoked, ingested, or
otherwise consumed or Administered on the premises of any Non-Retail
Medical Marijuana Facility except, in a Medical Marijuana Testing
Facility when being Administered for testing purposes authorized by
the State of Missouri Department of Health and Senior Services.
e.
Display Of Licenses Required. The Non-Retail Medical Marijuana Facility
license or certification issued by the State of Missouri and any and
all licenses or permits issued by the Village shall be displayed in
a prominent place near the front entrance of the facility as required
by State regulations.
f.
Hours Of Operation. All Non-Retail Medical Marijuana Facilities shall
be closed to the public between the hours of 10:00 p.m. and 8:00 a.m.
No persons not employed by the business shall be on the premises at
any time without being approved entry, logged in by building security
personnel and obtaining and displaying a visitor pass.
g.
Development Plan Required. No Non-Retail Medical Marijuana Facility shall be allowed to operate within the Village unless a Site Development Plan pursuant to Section 405.090 or a Sketch Plan pursuant to Section 405.095, whichever applies to the applicant, has been submitted to and approved by the Village. Under no circumstances shall a Non-Retail Medical Marijuana Facility be allowed to operate within the Village without approval of either a Site Development Plan or a Sketch Plan as determined by the nature of the application and the terms of Sections 405.090 and 405.095.
h.
Odor And Nuisance. Every Non-Retail Medical Marijuana Facility shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in compliance with Chapter 215, Nuisances, of the Village Code.
i.
Security. Every Non-Retail Medical Marijuana Facility shall, at all
times, have and maintain security systems, equipment, and procedures
at least as stringent as those which are required by State regulations.
j.
Accreditation, Standards, And Procedures — Testing Facilities.
Every Medical Marijuana Testing Facility shall, at all times, maintain
in good standing their accreditation as required by State regulations,
and utilize standards and procedures for personnel and for testing
Medical Marijuana in all forms which are at least as stringent as
those required by State regulations.
k.
Additional Requirements. All Non-Retail Medical Marijuana Facilities shall comply with all provisions of the Marlborough Village Code, all provisions of Article XIV, Section 1 of the Missouri Constitution, and any and all rules and regulations promulgated by the Department of Health and Senior Services for the State of Missouri regulating Medical Marijuana, including, but not limited to, security requirements, lighting, parking, record maintenance and retention, and patient verification requirements.
[1]
Editor's Note: Ord. No. 19-589 also corrected the title of
this Section to reference the "C-1" and "C-2" Districts.
[Ord. No. 07-449 §2, 8-13-2007]
A.
Every
public utility, cable company, video service provider and other users
of the Village rights-of-way or adjacent easements to provide services
shall comply with the supplemental regulations in this Section regarding
the placement of accessory utility facilities on public or private
property. For purposes of this Section, "accessory utility
facilities" shall mean such facilities, including pedestals,
boxes, vaults, cabinets or other ground-mounted or below-ground facilities,
that directly serve the property or local area in which the facility
is placed, are not primarily for transmission or distribution to other
locations, do not materially alter the character of the neighborhood
or area and otherwise are customarily found in such areas. Except
where limited by other provisions of Village ordinance, accessory
utility facilities shall be permitted subject to the following supplementary
regulations:
1.
Approval — design — location — application. The design, location and nature of all accessory utility facilities
on private or public property shall require approval of the Village,
which approval shall be considered in a non-discriminatory manner,
in conformance with this Section and subject to reasonable permit
conditions as may be necessary to meet the requirements of this Section.
In considering applications, individual or multiple location applications,
the Village shall review the request to ensure the proposed facilities
do not impair public safety, harm property values or significant sightlines
or degrade the aesthetics of the adjoining properties or neighborhood
and taking into consideration reasonable alternatives. Any material
changes or extensions to such facilities or the construction of any
additional structures shall be subject to the requirements and approvals
as set forth herein. Unless otherwise prohibited, utility facilities
subject to this Subsection may be located in minimum setback areas
provided that all other requirements are met. To the extent permitted
by Section 67.2707.3, RSMo., the time, method, manner or location
of facilities to be located in the rights-of-way may be established
or conditioned by the Village to protect the rights-of-way or to ensure
public safety. An inspection fee shall be required as may be established
by the Village to reimburse the Village for the costs of review and
inspection of accessory utility facilities as may be permitted by
applicable law.
2.
General regulations. The following general regulations
apply to all accessory utility facilities:
b.
Noise. All such facilities shall be constructed
and maintained in such a manner so as not to emit any unnecessary
or intrusive noise.
c.
Abandoned boxes. All facilities and utility boxes
shall be deemed abandoned after six (6) continuous months of non-use
and shall therefore be removed within thirty (30) days thereafter
at the cost of the utility.
d.
Utility poles. Unless otherwise restricted, utility
poles for authorized above ground lines or facilities shall be permitted
up to forty-five (45) feet in height where utilities are not otherwise
required to be placed underground; provided that such poles shall
be no higher than necessary, maintained so as to avoid leaning from
upright position and without use of guy wires crossing rights-of-way
or pedestrian routes except where approved by the Village as accessary
due to the lack of feasible alternatives.
e.
Historic areas. Utility facilities placed in any
designated historic areas may be subject to additional requirements
regarding the placement and appearance of facilities as may be necessary
to reasonably avoid or reduce any negative impact of such placement.
f.
Damage. Any damage to landscaping or vegetation
on private property during installation or maintenance of facilities
shall be remedied by the facility owner. The facility owner shall
replace all plantings damaged by the work with like plantings and
shall replace all damaged areas with sod of the same type of grass
as was damaged.
g.
Private property, notice. At least forty-eight (48)
hours prior to any installation, replacement or expansion of any facility
located on private property, the facility owner shall provide notice
to the Village and all property owners within one hundred eighty-five
(185) feet from the site. Notice shall include detailed description
of work to be done, the exact location of work and the time and duration
when it will be undertaken.
h.
No interference — relocation. No facilities
may be located so as to interfere or be likely to interfere with any
public facilities or use of public property. The Village shall have
the authority to order the removal or relocation of any facilities,
at the expense of the facilities' owner, when necessary to accommodate
construction, improvement or maintenance of streets or other public
works, excluding minor beautification projects.
3.
Residential districts. In residential districts
("R-1" and "R-2") and rights-of-way adjacent thereto, accessory utility
facilities less than three (3) feet in height and covering less than
six (6) square feet in area may be installed above ground with the
prior approval of the Village. Except as otherwise may be authorized
herein, any larger utility facility shall be installed underground
or authorized to be installed above ground only by conditional use
permit. All above ground facilities, where authorized, shall be placed
in the rear yard wherever practical. If locating these facilities
in the rear yard is not practical, then such facilities may be located
in the side yard. Such facilities shall not be located in the front
yard or within the public right-of-way unless otherwise approved by
the Village upon a determination that all other alternatives are not
feasible.
4.
Non-residential districts. In non-residential districts
("C-1" and "C-2") and rights-of-way adjacent thereto, accessory utility
facilities with a height of less than five (5) feet and covering less
than sixteen (16) square feet in area may be installed above ground
with the prior approval of the Village. Except as otherwise may be
authorized herein, any larger utility facility shall be installed
underground or authorized to be installed above ground only by conditional
use permit after a hearing before the Board of Trustees. All above
ground facilities, where authorized, shall be placed in the rear yard
wherever practical. If locating these facilities in the rear yard
is not practical, then such facilities may be located in the side
yard. Such facilities shall not be located in the front yard or within
the public right-of-way unless otherwise approved by the Village upon
a determination that all other alternatives are not feasible.
5.
Landscape screening. A sightproof landscape screen
shall be provided for all authorized above ground facilities in excess
of two (2) square feet in size. Such screen shall be required to sufficiently
conceal the facility. A landscape plan identifying the size and species
of landscaping materials shall be submitted by the utility and approved
by the Village prior to installation of any facility requiring landscape
screening. The utility shall be responsible for the installation,
repair or replacement of screening materials. Alternative screening
or concealment may be approved by the Village to the extent it meets
or exceeds the purposes of these requirements. Facilities located
in rear yards may be exempted from screening where located so as not
to be visible from:
6.
Compliance with other laws. All accessory utility
facilities shall be subject to all other applicable regulations and
standards as established as part of the Code including, but not limited
to, building codes, zoning requirements and rights-of-way management
regulations in addition to the supplementary regulations herein. The
provisions of this Section shall not apply to any circumstance or
entity in which application under such circumstances is pre-empted
or otherwise precluded by superseding law.
[Ord. No. 19-589, 6-10-2019]
A.
Qualifying Patient Medical Marijuana Cultivation. On any lot in the Village, a person holding a current, valid Medical Marijuana Cultivation Identification Card issued by the State of Missouri may have as an accessory use Medical Marijuana Cultivation as permitted by Article XIV, Section 1.7(9) of the Missouri Constitution so long as all of the following conditions are met:
1.
The accessory use must take place only in a facility that is enclosed,
locked, and equipped with security devices (the "Cultivation Area"),
all of which shall be designed in such a way as to permit access only
by the Qualifying Patient or by such patient's Primary Caregiver and
in conformance with all Federal and Missouri laws and regulations.
2.
The State-issued Medical Marijuana Cultivation Identification Card
must be clearly displayed within the Cultivation Area and in close
proximity to the marijuana plants.
3.
The accessory use must have an odor control system that is at least
as stringent as that which is required by Missouri regulations.
4.
No marijuana may be smoked, ingested, or otherwise consumed or Administered
on the lot except by a Qualifying Patient.
5.
One (1) Qualifying Patient, or the Primary Caregiver for that person
on their behalf, may cultivate up to six (6) Flowering Marijuana Plants
and six (6) non-flowering marijuana plants at any given time in a
single, enclosed, locked facility.
6.
Two (2) Qualifying Patients, who both hold valid Medical Marijuana
Cultivation Identification Cards, may share one (1) enclosed, locked
facility but no more than twelve (12) Flowering Marijuana Plants and
twelve (12) non-flowering marijuana plants may be cultivated in a
single, enclosed, locked facility, except when one (1) of the Qualifying
Patients, as a Primary Caregiver, also holds a Medical Marijuana Cultivation
Identification Card for a third Qualifying Patient, in which case
that Primary Caregiver may cultivate six (6) additional Flowering
Marijuana Plants and six (6) additional non-flowering marijuana plants
for a total of eighteen (18) Flowering Marijuana Plants and eighteen
(18) non-flowering marijuana plants in a single, enclosed, locked
facility.
7.
All cultivated Flowering Marijuana Plants in the possession of a
Qualifying Patient or Primary Caregiver shall be clearly labeled with
the Qualifying Patient's name.
8.
All Medical Marijuana Cultivation must cease immediately upon the
expiration, suspension, or revocation of a State-issued Medical Marijuana
Cultivation Identification Card.
9.
Nothing in this Section shall convey or establish a right to cultivate
medical marijuana in a facility or premises where State or Federal
law or a private contract would otherwise prohibit doing so.
[Ord. No. 05-424 §1, 11-14-2005; Ord. No. 06-440 §§2 — 4, 12-11-2006]
A.
"R-1" Residence District. In the "R-1" Residential District,
the height of buildings, the minimum dimensions of yards and the minimum
lot area per family, shall be as follows:
1.
Height. No residence shall be erected or structurally
altered to exceed two and one-half (2½) stories or thirty-five
(35) feet in height and no other building shall be erected or structurally
altered to exceed eighteen (18) feet in height from ground level except
that such maximum height of other buildings may be increased an additional
one (1) foot for each two (2) feet of setback from the applicable
building line with a maximum height of thirty-five (35) feet for any
building.
2.
Front and rear yards. In the "R-1" Residential District,
no building or structure shall be erected or structurally altered
within:
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Front
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Fifteen (15) feet or the average front lot line of all lots
within two hundred (200) feet and on the same side of the street,
whichever is less.
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Rear
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Five (5) feet
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Side
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Five (5) feet
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In the case of a corner lot, no building or structure shall
be erected or structurally altered in the front or rear yard within
fifteen (15) feet of the street side lot line. Where the side yard
is along a street, no building or structure shall be erected or altered
within ten (10) feet of the side lot line.
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A detached garage shall not exceed a thirty (30) by twenty-four
(24) foot dimension.
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3.
Lot area per family. Every family dwelling hereafter
erected or structurally altered in the "R-1" Residential District
shall provide a lot area of not less than five thousand (5,000) square
feet and no lot shall have an average width at the building line of
less than fifty (50) feet.
B.
"R-2" Residence District. In the "R-2" Residential District,
the height of buildings, the minimum dimensions of yards and the minimum
lot area per family shall be as follows:
1.
Height. No residence shall be erected or structurally
altered to exceed three (3) stories or forty-two (42) feet in height
and no other building shall be erected or structurally altered to
exceed eighteen (18) feet in height from ground level except that
such maximum height of other buildings may be increased an additional
one (1) foot for each two (2) feet of setback from the applicable
building line with a maximum height of thirty-five (35) feet for any
building.
2.
Front and rear yards. In the "R-2" Residential District,
no building or structure shall be erected or structurally altered
within twenty (20) feet of the front and ten (10) feet of the rear
lot lines. In the case of a corner lot or lot abutting an "R-1" zoned
property, no building or structure shall be erected or structurally
altered in the front or rear yard within twenty (20) feet of the street
side lot line.
3.
Side yards. In the "R-2" Residential District, no
building or structure shall be erected or altered within five (5)
feet of the side lot line. Where the side yard is along a street or
abutting an "A-1" zoned property, no building or structure shall be
erected or altered within twenty (20) feet of the lot line.
4.
Lot area per family. Every family dwelling hereafter
erected or structurally altered in the "R-2" Residence District shall
provide a lot area of not less than eight thousand seven hundred fifty
(8,750) square feet and that no lots shall have an average width at
the building line of less than seventy (70) feet.
C.
"C-1" And "C-2" Commercial District. In the "C-1" and "C-2"
Commercial District, the height of buildings, the minimum dimensions
of yards and the minimum lot area shall be as follows:
1.
Height. No building hereafter erected or structurally
altered shall exceed three (3) stories or forty-two (42) feet.
2.
Rear yard. No main building or detached garage shall
be erected or structurally altered except that it shall be at least
ten (10) feet from the rear of the lot line. An accessory building
hereafter erected or structurally altered shall be not less than ten
(10) feet from the rear lot line.
3.
Side yard. A side yard is not required except on
the side of a lot adjoining on a dwelling district, in which case
there shall be a side yard of not less than ten (10) feet or on a
corner where the side yard on the street side of the lot shall not
be less than twenty (20) feet.
4.
Front yard. The required setback from the front
property line in the "C-1" or "C-2" Districts shall be thirty-five
(35) feet from the front property line.
5.
Lot area and width. Every lot hereafter created
in the "C-1" or "C-2" Districts shall provide a lot area of not less
than one-half (½) acre (twenty-one thousand seven hundred fifty
(21,750) square feet) and shall have a minimum lot width of one hundred
fifty (150) feet at a property line abutting a public street.
[Ord. No. 05-424 §1, 11-14-2005]
A.
Intent And Purpose. Within the Village, certain existing
lots, structures and uses of land which were lawful prior to the adoption
or amendment of this Zoning Code are prohibited under the terms of
this Chapter. This Article is intended to declare non-conformities
to be incompatible with the permitted uses in each district; to permit
non-conformities to continue until they are removed; and to prohibit
non-conformities from being expanded, enlarged or increased in intensity.
B.
Non-Conforming Lots Of Record. Notwithstanding anything in this Chapter 405, otherwise conforming structures may be built on lots of record that were made non-conforming by this Chapter as to size, width or area; provided however, that such structures shall conform to setbacks and other regulations not involving size, area or width of the lot.
C.
Non-Conforming Structures.
1.
Authority to continue. Any non-conforming structure, except for a structure located in the setbacks and which is devoted to a use which is permitted in the zoning district in which it is located, may be continued so long as it remains otherwise lawful, subject to the restrictions in Subsections (A) through (D) hereof.
2.
Repair, alterations. Any such structure described in Subsection (A) above may be maintained, repaired or remodeled; provided however, that no such maintenance, repair or remodeling shall either create any additional non-conformity or increase the degree of existing non-conformity with all or any part of such structure. Nothing in this Zoning Code shall be deemed to prevent the strengthening or restoring of a structure to a safe condition in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition (where such restoration will not be in violation of this Section).
3.
Damage, decay, destruction. In the event that any
non-conforming structure or any structure devoted in whole or in part
to a non-conforming use is damaged or becomes extensively deteriorated
or is destroyed by any means to an extent equaling greater than fifty
percent (50%) of its then current fair market value, such structure
shall not be restored except in conformity with all applicable provisions
of this Chapter including the regulations of the zoning district in
which the building is situated. However, such structure may be restored
if the Board of Adjustment finds a compelling public necessity requiring
the continuance of the non-conformity. When a structure, the use of
which does not conform to the provisions of this Chapter, is damaged
or becomes extensively deteriorated or is destroyed by any means to
an extent of more than twenty-five percent (25%) but less than fifty
percent (50%) of its then current fair market value, it may only be
restored on the issuance of a permit by the Zoning Administrator with
the approval of the Board of Trustees. If such damage is twenty-five
percent (25%) or less of its fair market value, then restoration may
be made as otherwise provided by all applicable ordinances of the
Village.
4.
Extension within building only. Any non-conforming
use may be extended throughout any parts of a non-conforming structure
which were manifestly arranged or descended for such use at the effective
date of this Zoning Code or any amendments thereto, but no such use
shall be extended to occupy land outside of such building or structure.
5.
Moving. No structure described in this Section shall
be moved in whole or in part for any distance whatever, to any other
location on the same or any other lot unless the entire structure
shall thereafter conform to the provisions of the zoning district
in which it is located after being moved.
D.
Non-Conforming Uses.
1.
Authority to continue. Any lawfully existing non-conforming use of part or all of a structure or any lawfully existing non-conforming use of land, not involving a structure or only involving a structure which is accessory to such use of land, may be continued so long as otherwise lawful, subject to the provisions contained in Subsections (2) through (9) hereof.
2.
Ordinary repair and maintenance.
a.
The normal maintenance and repair or the replacement, installation
or relocation of non-bearing walls, non-bearing partitions, fixtures,
wiring or plumbing may be performed on any structure that is devoted
in whole or in part to a non-conforming use. Neither this nor any
other provision of this Chapter shall be interpreted to authorize
any increase in the size or degree of the non-conforming use or any
violation of the provisions of any other Subsections of the Section.
b.
Nothing in this Zoning Code shall be deemed to prevent the strengthening
or restoring of a structure to a safe condition in accordance with
an order of a public official who is charged with protecting the public
safety and who declares such structure to be unsafe and orders its
restoration to a safe condition (where such restoration will not be
in violation of Section 405.380.)
3.
Major rehabilitation or structural alterations. A
structure devoted in whole or in part to a non-conforming use shall
not be renovated, remodeled or rehabilitated to an extent equaling
greater than fifty percent (50%) of its fair market value prior to
such renovation, remodeling or rehabilitation, nor shall the structural
system of the building be altered, unless the entire structure and
use of the structure shall thereafter conform to all provisions of
this Zoning Code and of the zoning district in which the use is located.
4.
Extension. A non-conforming use shall not be extended,
expanded, enlarged or increased in intensity or area.
5.
Damage, decay, destruction. In the event that any
non-conforming structure or any structure devoted in whole or in part
to a non-conforming use is damaged or becomes extensively deteriorated
or is destroyed by any means to an extent equaling greater than fifty
percent (50%) of its then current fair market value, such structure
shall not be restored except in conformity with all applicable provisions
of this Chapter including the regulations of the zoning district in
which the building is situated. However, such structure may be restored
if the Board of Adjustment finds a compelling public necessity requiring
the continuance of the non-conformity. When a structure, the use of
which does not conform to the provisions of this Chapter, is damaged
or becomes extensively deteriorated or is destroyed by any means to
an extent of more than twenty-five percent (25%) but less than fifty
percent (50%) of its fair market value, it may only be restored on
the issuance of a permit by the Zoning Administrator with the approval
of the Board of Trustees. If such damage is twenty-five percent (25%)
or less of its fair market value, then restoration may be made as
otherwise provided by all applicable ordinances of the Village.
6.
Moving. No structure that is devoted in whole or
in part to a non-conforming use, shall be moved in whole or in part
for any distance whatever, to any other location on the same or any
other lot, unless the entire structure and use thereof shall thereafter
conform to all provisions of the zoning district in which it is located
after being so moved.
7.
Change in use. A non-conforming use shall not be
changed to any use other than a use permitted in the zoning district
in which the use is located. When a non-conforming use has been changed
to any permitted use, it shall not thereafter be changed back to a
non-conforming use.
8.
Abandonment or discontinuance. In the event that
the non-conforming use of any building or premises is discontinued
for a period of six (6) months, regardless of any reservation of an
intent not to abandon or to resume such use, any subsequent use or
occupancy of such structures shall comply with provisions of this
Zoning Code including those of the zoning district in which the structure
is located.
9.
Non-conforming accessory uses. No use which is accessory
to a principal non-conforming use shall continue after such principal
use shall cease or terminate.
E.
Non-Conformities Within Setback Lines. In addition to the
provisions of this Chapter regulating setbacks, the following regulations
shall apply to those non-conformities located within prescribed setback
lines.
1.
Projection of existing structures into required setbacks. No structure shall be constructed, reconstructed or structurally
altered in such a manner as to project into the area prescribed as
a setback as established by this Chapter.
2.
The lawful use of any building (and specifically excluding signs,
billboards or other structures which are not buildings), all or part
of which may otherwise be in violation of this Chapter, may be continued,
provided that no structural alterations shall thereafter be made on
the portion of the non-conforming building located within the prescribed
setback lines. New buildings to replace destroyed or removed non-conforming
buildings shall conform to the provisions of this Article.
3.
Removal of signs and other material. Any advertising
sign, billboard or structure other than a building or any stored material
within the prescribed setback from the right-of-way of a public or
approved private street or highway shall be removed within two (2)
years from the effective date of this Chapter, November 14, 2005,
or any amendments hereto. Signs, billboards and other structures located
within setbacks not involving the right-of-way of a public or approved
private street or highway shall be governed by the provisions of this
Section.
[Ord. No. 05-424 §1, 11-14-2005]
A.
The
foregoing height and area requirements shall be subject to the following
exceptions and regulations:
1.
Height.
a.
Chimneys, towers, monuments, cupolas, domes, church spires and steeples,
false mansards, parapet walls and similar structures and necessary
mechanical appurtenances may be erected as to their height in accordance
with existing or hereafter adopted laws of the Village of Marlborough.
b.
Public and semi-public buildings, schools and institutions may be
erected to a height not exceeding three (3) stories or fifty (50)
feet, provided that the front, side and rear yards are increased an
additional two (2) feet for each foot such buildings exceed the height
limitations of the district in which they are located.
2.
Area. Every part of a required yard shall be open
from its lowest point to the sky unobstructed, except for the ordinary
projection of sills, belt course, cornices, buttresses, ornamental
features and eaves; provided however, that none of the above projections
shall extend into any minimum yard more than twenty-four (24) inches.
4.
Structures other than the main building or detached garage. Permitted accessory structures, other than fences, screens, main
buildings or detached garages, may be constructed up to ten (10) feet
from the required setback for the rear yard except for corner lots
where no structures shall be within ten (10) feet of the side lot
line abutting the street.
[Ord. No. 05-424 §1, 11-14-2005; Ord. No. 06-431 §3, 3-13-2006]
A.
Purpose. In the past the commercial districts of the Village
of Marlborough ("Village") have been developed in a haphazard, disjointed
fashion with little consistency throughout the districts(s). Certain
general regulations have prevented desirable development while a lack
of more detailed regulations has left the commercial corridor subject
to some inappropriate development. The Village has developed an Initial
Comprehensive Plan ("Comprehensive Plan") to address and evaluate
all future redevelopment activities within the Village's commercial
districts. Therefore, applications for "redevelopment" or "development"
within any of the Village's commercial districts shall be subject
to "development plan" approval process set forth herein where specified
circumstances exist. It is the intent of this Section to authorize
these "planned uses" only where the location and circumstances are
appropriate to the use and a development plan is approved by the Board
of Trustees for any use designated as a planned use. It is also the
intent of this Section to increase the flexibility of development
design through evaluation and approval of a redevelopment plan. Approval
of a redevelopment plan shall be considered a legislative act of rezoning.
Any ordinance approving a redevelopment plan shall be deemed to incorporate
the provisions of this Section.
B.
Site Development Plan Process — When Required.
1.
The site development plan process set forth in this Section shall
be required in the "C-1" Commercial District or "C-2" Higher Intensity
Commercial District when any one (1) of the following situations is
proposed:
a.
New construction of buildings;
b.
Expansion of existing buildings in excess of twenty percent (20%)
of the existing floor area;
c.
Any development or addition wherein a drive-through window is contemplated;
or
d.
Any development or expansion of a walk-up, drive-through establishment
or automotive convenience store or used car lot.
e.
An applicant proposes a change in use where the use is not authorized
by the underlying zoning but where the Board finds that such change
will not violate the spirit of the Zoning Code or the Village's Comprehensive
Plan; or
f.
Any development on a lot for which an approved site development plan
already exists (other than minor changes).
C.
Site Development Plans — Application, Contents And Submission
Requirements.
1.
A site development plan shall be required for use, alteration or circumstances identified in Subsection (B). The site development plan application constitutes a petition for amending the applicable zoning regulations to allow a more flexible but detailed plan.
2.
An applicant shall submit seven (7) full-size copies of the site
development plan and ten (10) eight and one-half (8½) by eleven
(11) or eight and one-half (8½) by fourteen (14) copies of
the plan and shall be accompanied by all general application requirements
and a review and processing fee of five hundred dollars ($500.00).
3.
The site development plan shall
contain all map submission requirements:
a.
Proposed location of buildings, other structures and lot arrangements
(including dimensions, number of stories and area in square feet of
all proposed buildings).
b.
Location of existing buildings, other structures and lot arrangements.
c.
Any land areas within the 100-year floodplain.
d.
Parking areas, drives and walks.
e.
Screening and buffering areas, open space and other amenities.
f.
Drainage patterns.
g.
Public and private streets within two hundred fifty (250) feet of
the property identifying arterials, collectors and local streets;
service and loading areas; points of access to public rights-of-way.
h.
Any existing easements.
i.
Sufficient dimensions to indicate relationship between buildings,
property lines, parking areas and other elements of the plan.
j.
Location, massing and pattern of proposed landscaping.
k.
Location, massing and pattern of existing vegetation.
l.
Existing streams, creeks and other bodies of water.
m.
Preliminary stormwater collection and detention plans showing existing
facilities.
n.
Internal and external pedestrian and vehicular access points.
o.
Proposed noise generation sources.
p.
Site layout of water and sanitary sewer system.
q.
Any buildings that exist or are proposed to the degree that their
location and size, including surrounding uses of adjacent properties,
are shown on plans on file with the Village.
r.
The location and size of retention basins, detention basins and drainage
structures, such as culverts, paved or earthen ditches or stormwater
sewers and inlets.
s.
Location, width and limits of all existing and proposed sidewalks.
t.
Distance between all buildings, between buildings and property lines
and between all parking areas and property lines.
u.
Location of all required building and parking setbacks.
v.
Area of land on plan in square feet or acres.
w.
Limits, location, size and material to be used in all proposed retaining
walls.
x.
Location and dimensions of all driveways, parking lots, parking stalls,
aisles, loading and service areas and docks.
y.
Location, height, intensity and type of outside lighting fixtures
for buildings and parking lots.
z.
Location, size and type of material of all proposed monument or freestanding
signs.
aa.
The location of adjacent developments, alignment and location of
public and private driveways and streets, medians and public and semi-public
easements, including location, size and radii of all existing and
proposed median breaks and turning lanes.
ab.
One (1) or more illustrations showing dimensions and areas of all
floors within proposed buildings.
ac.
One (1) or more illustrations showing landscaping and buffer area
plans as required.
4.
Exterior building sketches. For new construction
of buildings or structures, the application shall include preliminary
sketches depicting the general style, size and exterior construction
materials of the buildings proposed. Such sketches shall include elevation
drawings, but detailed drawings and perspectives are not required.
Elevations of all sides of proposed buildings, including notation
indicating building materials and colors to be used on exteriors and
roofs; size, location, color and materials of all signs to be attached
to building exteriors; location, size and materials to be used in
all screening of rooftop mechanical equipment; building sections;
and landscaping, screening and planting and buffer area plans.
5.
Schedules. A schedule shall be included indicating
gross floor area, site area, building coverage, parking spaces, land
use intensity and other quantities specified in the appropriate zoning
district regulations.
6.
Statement of need for modification from district regulations. If the applicant is requesting a modification to the applicable
area requirements, a narrative statement that explains the need for
modification shall be submitted in support of the application for
the site development plan approval.
D.
Review Of Site Development Plans.
1.
Procedure. Except as established by this Section, the procedures and requirements for filing, review and approval of either a site development plan (referred to as a "development plan") shall be the same as those set forth in Section 405.105 (Changes and Amendments) for other amendments to zoning district regulations or boundaries.
2.
Criteria for approval. The Board of Trustees shall
use the applicable zoning district regulations, the Village's Comprehensive
Plan, as amended, and any supplements thereto as a guide for review
of a development plan. The Board of Trustees may permit modifications
from the underlying district regulations. Use regulations, however,
shall not be modified to permit uses specifically prohibited in the
zoning district governing the property or to which the applicant seeks
rezoning or that are not otherwise permitted by the Comprehensive
Plan. If the Board of Trustees imposes conditions or restrictions
on a development plan, it may designate specific requirements that
must be met before an applicant may submit a final development plan
application or be issued a building permit. To the extent they are
pertinent to any development plan application, the Commission and
the Board of Trustees shall give consideration to the following criteria:
a.
Whether the development is compatible with and incorporates standards
and principles contained in the Village's Comprehensive Plan, any
supplement thereto and/or adopted regulations.
b.
The criteria governing the rezoning of property.
c.
Whether the development is designed, located and proposed to be operated
so that the public health, safety and welfare will be protected.
d.
Whether the development will impede the normal and orderly development
and improvement of the surrounding property or impair the use and
enjoyment or value of neighboring properties.
e.
Whether the development incorporates adequate ingress and egress
and an internal street network that minimizes traffic congestion.
f.
The capability of the site to accommodate the building, parking and
drives with appropriate open space and safe and easy ingress and egress.
g.
The degree of harmony between the proposed use and the surrounding
neighborhood.
h.
The degree of harmony between the architectural quality of the proposed
building and the surrounding neighborhood.
i.
The appropriateness of the minimum dimensions and areas of lots and
yards set forth in the applicable zoning district regulations.
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The above list is not exhaustive; the Planning and Zoning Commission
and Board of Trustees may also consider other factors relevant to
the particular application.
|
3.
Development plan in rezoning ordinance. If the development
plan application was submitted with an application to change the zoning
district category, any development plan approved through the hearing
process, concurrent with such application, shall become part of the
ordinance that amends the zoning district category of the property.
4.
Conditions on approval. If the Board of Trustees
attaches conditions to the approval of a development plan, it shall
designate specific requirements, if any, that must be met before executing
the final plan. The Board of Trustees delegates to the Building Commissioner
the authority to determine whether the specifically prescribed conditions
attached to the approval have been satisfied by the applicant. Such
conditions may arise from a change in circumstances since the original
approval, identification of new information or other reasonable factors
warranting conditions as necessary to satisfy the approval criteria.
E.
Submission Of Final Plan.
1.
The applicant shall file a clean and corrected original of the approved
development plan including any changes or conditions required by the
Board (the "final plan") with the Village Clerk who shall, along with
Building Commissioner and Village Attorney or other consultant, determine
whether the final plan conforms to the terms of the Board of Trustee's
approval of the site development plan. The final plan shall be accompanied
by an application (in a form approved by the Village Clerk) signed
by the applicant and which states the applicant's name and address.
The application shall also include a legal description of the property
affected. The original application shall be accompanied by five (5)
copies. If the final plan conforms with any changes or conditions
imposed by the Board, a bill for approval of the final plan shall
be placed on the next Board of Trustees meeting agenda for consideration
and approval by the Board.
2.
All final plans shall include the map or plan requirements for either
a site development plan plus any conditions or changes required by
the Board of Trustees, during its review of the development plan,
to be added to the final plan;
3.
Along with final plans, applicant shall submit, if applicable:
a.
Final written approval from all interested jurisdictions, including
MSD and the fire district.
b.
Deeds of dedication for all rights-of-way or easements required as
a result of site development plan approval, if conveyance thereof
is not to be made by plat or by the filing of the improvement plan
pursuant to this Section.
c.
A copy of all covenants and restrictions applicable to the development,
if required by the terms of the site development plan.
d.
Evidence of the establishment of the agency for the ownership and
maintenance of any common open space and all assurances of the financial
and administrative ability of such agency, if required by the terms
of the approved site development plan.
e.
Evidence of satisfaction of any conditions of the site development
plan approval.
F.
Recording Of Final Plans. Following the Village's approval
by ordinance of a development plan, a copy of the final plan executed
by the designated Village Official shall be filed by the applicant
with the Recorder of Deeds of St. Louis County within sixty (60) days.
All filing fees shall be paid by the person who filed the development
plan application. The authorization for the use approved by the development
plan shall not become effective until a copy of the recorded plan
bearing its recordation notations shall be returned and placed on
file with the Village Clerk.
G.
Modification Of Zoning Map. Any approved improvement plan
shall be reflected on the Zoning Map as an amendment of the district
by designation of "-P" after the district abbreviation of the district
in which the plan was approved (for example, an approved improvement
plan in the "C-1" District will be denominated as "C1-P").
[Ord. No. 05-424 §1, 11-14-2005]
A.
Purpose. Not all situations require the detail of the full
site development plan process set forth. Generally, no development
plan approval is required simply by reason of a change in ownership
or change in tenant occupancy of property when the existing or proposed
use is a permitted use in the zoning district and the proposed use
does not involve any alteration, expansion or other modification to
the property or the exterior of the structure(s) thereon. However,
if a proposed use by an applicant is not allowed in the zoning district
in which the property is located, such a use may not be carried on
absent either an amendment to the Zoning Code to allow the use or
a change in zoning for the property to a district that allows the
use. An applicant may also seek to modify the use regulations for
the district in which the property is located through the full development
plan process, as long as it will not violate the Village's Comprehensive
Plan. In other situations, the proposed use is allowed in the zoning
district but only as a planned use. Thus, although, based on the proposed
use of the existing structure and property, an evaluation of that
use through the development plan process is necessary, such review,
since it does not involve any changes to the physical features of
the property or exterior of the structures, does not need the more
detailed review of the development plan process. While all of the
purposes for a development plan apply, less review is often required
for changes in tenancy or ownership when the applicant seeks to only
to improve the interior of the existing structure(s) or the type of
use on the property without drastically changing the exterior of the
building. It is the purpose of the sketch plan to allow a more focused
review of the relevant circumstances surrounding an application to
allow a use not otherwise permitted.
B.
Sketch Plan Process — When Required.
1.
The sketch plan process set forth in this Section shall be required in the "C-1" Commercial District or "C-2" Higher Intensity Commercial District when none of the criteria in Subsection (B) of Section 405.090 above apply and:
a.
An applicant seeks a change in the use from a use on property for
which a sketch plan has already been approved; or
b.
An applicant seeks to use the property for a use, not previously
in existence on the property, that is listed in the Table of Uses;
or
c.
Any alteration changing existing drive aisles or vehicle access to
or on the site.
C.
Sketch Plan — Application, Contents And Submission Requirements.
1.
The sketch plan application shall constitute a petition for amending
the applicable zoning regulations for the particular property unless
deemed otherwise by the Board of Trustees and/or Planning and Zoning
Commission.
2.
An applicant shall submit the sketch plan and ten (10) eight and
one-half (8½) by eleven (11) or eight and one-half (8½)
by fourteen (14) copies of the plan along with all general application
requirements and a review and processing fee of fifty dollars ($50.00)
to cover the Village's administrative costs. If the fee is insufficient
to cover the actual costs of these administrative expenses, the Village
may require the applicant to reimburse the Village for any shortfall
as a condition precedent to issuance of an occupancy permit. Conversely,
if the fee exceeds the amount needed to cover the actual costs of
the Village, the Village shall refund the difference to the applicant
within a reasonable time.
3.
The following information shall be submitted by the applicant:
a.
A verified application signed by the owner(s) of the property affected
and, if applicable, the tenant(s) (referred to as the "applicant")
seeking approval of the application;
b.
A sketch plan consisting of:
(1)
A detailed description of the proposed use of the property;
(2)
A sketch plan of the site (may be hand drawn) showing approximate
location of buildings, other structures and lot arrangements as well
as any proposed landscaping or exterior improvements and proposed
location and type of signage;
(3)
The approximate gross floor area of existing and proposed use;
(4)
A description of the expected parking needs;
(5)
Details of any proposed improvements to the property;
(6)
A description of the types of products to be sold or services
to be provided;
(7)
The proposed hours and days of operation;
(8)
The maximum number of employees;
(9)
The date on which the applicant proposes to begin the use;
(10)
A description of any other existing uses and/or tenants on the
property; and
(11)
A description of the uses of adjacent properties.
c.
Any Federal, State or St. Louis County licensing requirements for
the proposed use along with copies of all licenses obtained; and
d.
A written statement explaining the need for a change in the applicable
zoning district regulations to allow the applicant's proposed use,
if applicable. The statement shall address the potential positive
and negative impact of the proposed use on the surrounding properties
and uses.
e.
If the property contains more than one (1) tenant, the applicant
may, but is not required to, provide the Village with letters from
the other tenants supporting the application.
f.
Any other information requested by the Planning and Zoning Commission
or the Board of Trustees.
4.
The applicant shall furnish the Village with ten (10) copies of the
completed application and requested information.
5.
When there are other occupants currently engaged in other uses on
the property effected by an application, the Village must determine
whether approval of a Sketch plan will impact the other occupants,
whether the other occupants should be joined in the application and
whether a sketch plan is feasible for the property in light of the
number of other occupants/tenants and the various types of uses. If
the Village determines that the sketch plan process is not feasible
for the particular situation, it may treat the application as one
for a text amendment.
6.
If the applicant is requesting a modification to the applicable area
requirements, a narrative statement that explains the need for modification
shall be submitted in support of the application for the sketch plan
approval.
D.
Review Of Sketch Plans.
1.
Procedure. The sketch plan shall be submitted directly
to the Board of Trustees for review and consideration. The Board may
refer the sketch plan to the Planning and Zoning Commission for its
review and recommendation if the Board desires or if required by law.
2.
Criteria for approval. The Board of Trustees shall
use the applicable zoning district regulations, the Village's Comprehensive
Plan, as amended, and any supplements thereto as a guide for review
of a sketch plan. The Board of Trustees may permit modifications from
the underlying district regulations. Use regulations, however, shall
not be modified to permit uses specifically prohibited in the zoning
district governing the property or to which the applicant seeks rezoning
or that are not otherwise permitted by the Comprehensive Plan. If
the Board of Trustees imposes conditions or restrictions on a sketch
plan, those requirements must be met before an applicant may be issued
a building permit. To the extent they are pertinent to any sketch
plan application, the Commission and the Board of Trustees shall give
consideration to the following criteria:
a.
Whether the development is compatible with and incorporates standards
and principles contained in the Village's Comprehensive Plan, any
supplement thereto and/or adopted regulations.
b.
The criteria governing the rezoning of property.
c.
Whether the development is designed, located and proposed to be operated
so that the public health, safety and welfare will be protected.
d.
Whether the development will impede the normal and orderly development
and improvement of the surrounding property or impair the use and
enjoyment or value of neighboring properties.
e.
Whether the development incorporates adequate ingress and egress
and an internal street network that minimizes traffic congestion.
f.
The capability of the site to accommodate the building, parking and
drives with appropriate open space and safe and easy ingress and egress.
g.
The degree of harmony between the proposed use and the surrounding
neighborhood.
h.
The degree of harmony between the architectural quality of the proposed
building and the surrounding neighborhood.
i.
The appropriateness of the minimum dimensions and areas of lots and
yards set forth in the applicable zoning district regulations.
|
|
The above list is not exhaustive; the Board of Trustees may
also consider other factors relevant to the particular application.
|
E.
Post-Plan Approval — Submission Of Final Sketch Plan.
1.
The applicant shall file a clean and corrected original of the approved
development plan including any changes or conditions required by the
Board (the "final sketch plan") with the Village Clerk who shall,
along with Building Commissioner and Village Attorney or other consultant,
determine whether the final sketch plan conforms to the terms of the
Board of Trustee's approval of the site development plan. The final
sketch plan shall be accompanied by an application (in a form approved
by the Village Clerk) signed by the applicant and which states the
applicant's name and address. The application shall also include a
legal description of the property affected. The original application
shall be accompanied by five (5) copies.
2.
All final sketch plans shall include the submittal requirements and
map or plan requirements for a sketch plan plus any conditions or
changes required by the Board of Trustees, during its review of the
sketch plan, to be added to the final sketch plan.
[Ord. No. 05-424 §1, 11-14-2005]
A.
Expiration Of An Approved Development Plan. Final plan of
a site development or sketch plan (referred to collectively in this
Section as a "development plan") approval shall not be valid for a
period longer than twelve (12) months from the date of such approval,
unless within such period a building permit is obtained and substantial
construction is commenced and all additional building permits necessary
to complete the project as approved in the final plan schedule are
obtained in a timely fashion as determined by the Village. The Board
of Trustees may grant one (1) extension of no more than twelve (12)
months upon written request of the original applicant. An application
for extension of a final plan may be granted, if the application is
filed before the final plan expires. Upon granting an extension, the
Board of Trustees has the authority to attach new conditions to the
final plan as it deems appropriate. "Substantial construction", as used in this Subsection, shall mean completion of at least ten
percent (10%) of the construction in terms of the total expected cost
of the project for which the permit was issued.
B.
Abandonment Of Development Plan.
1.
An approved development plan or a phase thereof shall terminate and
be deemed abandoned if:
a.
The landowner shall fail to commence development by failing to receive
a building permit or failing to undertake substantial construction
on the property after receiving a building permit within twelve (12)
months after receiving plan approval or a longer period of time if
an extension of the final plan has been granted by the Board of Trustees;
or
b.
The landowner abandons the final plan or a phase thereof and notifies
the Village in writing of the abandonment.
2.
Whenever a final plan or phase thereof has been abandoned as provided
in this Section, no development shall take place on the property until
a new final plan has been approved.
C.
Amendments To Development Plans.
1.
Minor changes. A proposed amendment to an approved
development plan that proposes only minor changes to the approved
development plan may be approved by the Building Commissioner, provided
that the Building Commissioner informs the Board of Trustees of the
amendment and duly notes the specific terms of the approval of the
amendment in the file and on any of the existing plans. The phrase "minor changes", as used in this Subsection, shall mean
changes that do not affect traffic or pedestrian access and otherwise
are consistent with the intent of the original approval.
2.
All other changes. Any proposed amendment to an
approved development plan that proposes a change other than minor
changes to the approved development plan may be approved by the Board
of Trustees without a public hearing, provided that the Board of Trustees
determines that the landscaping, buffer area and screening plan is
adequate, that the proposed development will be compatible with proposed
and existing adjacent development and the Village Comprehensive Plan
and that all other submission requirements have been satisfied; otherwise
a public hearing shall be required.
D.
Fee Administration. All filing fees and deposits required
for the development plan process shall be paid in anticipation of
the Village's expenses incurred in processing the application or submission
at issue, including, but not limited to, administrative and clerical
costs, costs of title research, surveys, legal, engineering and planning
review, cost of traffic and planning consultants employed by the Village,
publication expenses, expenses of notification to adjoining property
owners, expenses of hearings including rental of a hall, if necessary,
court reporter, if requested by either the Village or the applicant
and other investigations deemed necessary by the Village. Processing
and all other actions related to the application or submittal shall
not proceed until the applicable fee is paid in full.
In the event the fee or deposit noted are insufficient to pay all such expenses incurred by the Village, the Village Clerk may document additional costs incurred by the Village and request payment of same within thirty (30) days. Processing and all other actions related to the application shall not proceed until such additional sums are paid in full. Any and all unused portions of any additional sums required under this Section shall be refunded to the applicant. Appeals from any decision hereunder shall be taken pursuant to the Board of Adjustment pursuant to Chapter 405 of the Municipal Code.
[Ord. No. 05-424 §1, 11-14-2005]
A.
After
approval of a site development plan by the Board of Trustees, the
Village may require submittal of an improvement plan detailing all
proposed public improvements. Improvement plans shall include, at
a minimum, the following information:
1.
A cover sheet;
2.
Site grading plans;
3.
Sewer profiles;
4.
Storm sewer hydraulic calculations;
5.
Detention basin routing calculations;
6.
Estimates for public improvements/improvement guarantees;
7.
MSD approval;
8.
Drainage area maps;
9.
Construction details;
10.
Required fees as determined by the Village; and
11.
Such other information as deemed necessary by the Village.
[Ord. No. 05-424 §1, 11-14-2005]
A.
Requirements. The Board of Trustees 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 established in this Chapter.
1.
Text amendments. An application for amendment to
the written text of this Zoning Code may be filed with the Village
Clerk for consideration by the Commission and the Board of Trustees.
Such application may be initiated by any member of the Board of Trustees
or the Commission or filed with the Village Clerk by any other elected
or appointed official of the Village.
2.
Rezoning. An application for a change in the zoning
district designation as described by the official Zoning Map may be
filed in the office of the Village Clerk for consideration by the
Commission and the Board of Trustees. Such application may be filed
by any member of the Board of Trustees, the Commission, by any other
appointed or elected official of the Village or by any person with
financial, contractual or proprietary interest in the property to
be included in the proposed change of zoning.
3.
Simultaneous filing requirement. To expedite processing
by the Commission and the Board of Trustees, a copy of the application
for amendment or rezoning shall be filed with the Village Clerk for
transmittal to the Board of Trustees simultaneously with the filing
in the office of the Building Commissioner.
B.
Application And Submission Requirements. The application
shall be made on a form provided by the Village Clerk and shall comply
with and be in accordance with the format and procedures governing
same as adopted by the Commission. The Village Clerk shall forward
the application to the Zoning Administrator or Building Commissioner.
Said application shall be signed by the applicant and shall state
the applicant's name and address, as well as:
1.
Text amendments. An application for an amendment
to the text of this Chapter shall set forth the new text to be added
and existing text to be deleted.
2.
Rezoning.
a.
An application for a Zoning Map change shall include a legal description
of the property to be changed from one category to another, as well
as a map or overlay on the existing map graphically describing said
change.
b.
In all cases where an application is initiated by a private party,
the application shall be accompanied by fifteen (15) copies as well
as the fee established by the Board of Trustees and on file with the
Village Clerk.
C.
Limitations Of Filing.
1.
An application for amendment or rezoning shall not be accepted by
the Village:
2.
An application for amendment or rezoning initiated by the Board of
Trustees or the Commission may be accepted at any time regardless
of the time limitations stated above.
3.
After the Village has accepted and filed an application for rezoning
by a person with a financial, contractual or proprietary interest,
the application may not be modified as to the area proposed to be
rezoned or as to the class of zone requested, unless the Commission
and the Board of Trustees allow such modification.
D.
Review Procedure. Except as otherwise provided, applications
for amendment or rezoning shall comply with the following procedure:
1.
Village staff/consultant. The Village Clerk shall
receive the application and determine, after consulting with the Village's
professional staff/consultants, within twenty-one (21) days, whether
it complies with all applicable submission requirements. If the application
so complies, copies thereof shall be forwarded to the Commission and
the Board of Trustees, including therein the any recommendation to
approve, disapprove, modify or conditionally approve the application.
If the application is deficient, the applicant shall be notified and
granted an additional twenty-one (21) days to complete same.
2.
Planning and Zoning Commission. Any proposed amendment,
supplement, change, modification or repeal shall first be submitted
to the Commission for its recommendation. The Commission shall consider
the application and decide whether to recommend approval. In the event
that the Commission fails to transmit a recommendation to the Board
of Trustees within a reasonable time, the Board of Trustees may consider
the application as having been recommended for approval by the Commission.
3.
Public hearing. Upon recommendation of the Commission,
the Board of Trustees shall set a date for a public hearing on the
application and notice thereof shall be given as provided in this
Chapter. No application for amendment or rezoning may be approved
until after such hearing is held.
4.
Determination by the Board of Trustees. In the case
of an adverse report by the Commission or if a protest against such
proposed amendment, supplement, change, modification or repeal shall
be presented in writing to the Village 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 proposed amendment, supplement, change, modification or repeal
or within an area determined by lines drawn parallel to and one hundred
eighty-five (185) feet distant from the boundaries of the district
proposed to be changed, such amendment, supplement, change, modification
or repeal shall not become effective except by the favorable vote
of two-thirds (2/3) of all the members of the Board of Trustees.
5.
Criteria for considering applications. In considering
any application for rezoning, the Commission and the Board of Trustees
may give consideration to the criteria stated below, to the extent
they are pertinent to the particular application. The Commission and
Board of Trustees also may consider other factors that may be relevant
to a particular application.
a.
The character of the neighborhood.
b.
The existing and any proposed zoning and uses of adjacent properties
and the extent to which the proposed use is compatible with the adjacent
zoning and uses.
c.
The extent to which the proposed use facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public
requirements.
d.
The suitability of the property for the uses to which it has been
restricted under the applicable zoning district regulations.
e.
The length of time, if any, the property has remained vacant as zoned.
f.
The extent to which the proposed use will negatively affect the aesthetics
of the property and neighboring property.
g.
The extent to which the proposed use will seriously injure the appropriate
use of, or detrimentally affect, neighboring property.
h.
The extent to which the proposed use will adversely affect the capacity
or safety of the portions of the street network impacted by the use
or present parking problems in the vicinity of the property.
i.
The extent to which the proposed use will create excessive stormwater
runoff, air pollution, water pollution, noise pollution or other environmental
harm.
j.
The extent to which the proposed use will negatively affect the values
of the property or neighboring properties.
k.
The extent to which there is a need for the use in the community.
l.
The economic impact of the proposed use on the community.
m.
The ability of the applicant to satisfy any requirements applicable
to the specific use imposed pursuant to this Chapter.
n.
The extent to which public facilities and services are available
and adequate to meet the demand for facilities and services generated
by the proposed use.
o.
The gain, if any, to the public health, safety and welfare due to
approval of the application as compared to the hardship imposed upon
the landowner, if any, as a result of denial of the application.
p.
The conformance of the proposed use to the Comprehensive Plan and
any other adopted planning policies.
q.
The recommendation of professional staff/consultants.
r.
The consistency of the proposed use with the permitted uses and the
uses subject to conditions in the district in which the proposed use
is located.
6.
Notwithstanding anything herein to the contrary, when the Board initiates
a text amendment, such text amendment does not have to be submitted
to the Planning and Zoning Commission for its recommendation; provided
that the Board of Trustees finds that the text amendment is offered
to correct the wording of the land use code, or an omission therefrom,
that was, at the time of its adoption, intended by the Board to be
the meaning of or included in the land use.
[Ord. No. 05-424 §1, 11-14-2005]
A.
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 who shall be residents appointed by the Board of Trustees.
The term of office of the members of the Board of Adjustment shall
be five (5) years, excepting that the five (5) members first (1st)
appointed shall serve respective for terms of one (1) year; two (2)
years; three (3) years; four (4) years; and five (5) years; thereafter
members shall be appointed for terms of five (5) years each. Vacancies
shall be filled for the unexpired term only. Members shall be removed
for cause by the Board of Trustees upon written charges and after
public hearing.
B.
The
Board shall elect its own 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.
1.
Meetings. Meetings of the Board shall be held at
the call of the Chairman and at such other times as the Board may
determine. Such Chairman, or in his/her absence the Acting Chairman,
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
taken down by a reporter employed by the Board of that purpose.
2.
Appeals.
a.
Appeals to the Board may be taken by any person aggrieved, any neighborhood
organization as defined in Section 32.105, RSMo., representing such
person or by any officer, department, board or bureau of the Village
of Marlborough affected by any decision of the Building Commissioner.
Such appeal shall be taken within a reasonable time as shall be prescribed
by the Board by general rule by filing with the Building Commissioner
and with the Board a notice of appeal specifying the grounds thereof.
The Building Commissioner shall forthwith transmit to the Board all
the papers constituting the record upon which the action appealed
from is taken.
b.
An appeal stays all proceedings of the action appealed from, unless
the Building Commissioner certifies to the Board after the notice
of appeal shall have been filed with him/her that by reason of facts
stated in the certificate a stay would, in his/her opinion, cause
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 application or notice to the
Building Commissioner and on due cause shown.
c.
The Board shall fix a reasonable time for the hearing of the appeal,
give the public notice thereof, as well as due notice to the parties
in interest and decide the same within a reasonable time. Upon the
hearing any party may appear in person or by agent or by attorney.
3.
Jurisdiction. The Board shall have the following
powers:
a.
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by the Building
Commissioner in the enforcement of this Chapter.
b.
To hear and decide all matters referred to it or upon which it is
required to pass under this Chapter.
c.
In passing upon appeals, where there are practical difficulties or
unnecessary hardship in the way of carrying out the strict letter
of this Chapter to vary or modify this application of any of the regulations
or provisions of this Chapter relating to the use, construction or
alteration of buildings or structures or the use of land so that the
spirit of the ordinance shall be observed, public safety and welfare
secured and substantial justice done.
d.
In exercising the above mentioned powers, the Board may, in conformity
with the provisions of the law, reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination as
ought to be made and to that end shall have all the powers of the
Building Commissioner.
e.
The concurring vote of four (4) members of the Board shall be necessary
to reverse any order, requirement, decision or determination of the
Building Commissioner or to decide in favor of the applicant on any
matter upon which it is required to pass under this Chapter or to
effect any variation in this Chapter.
f.
Any person or persons jointly or severally, any neighborhood organization
as defined in Section 32.105, RSMo., representing such person or persons
aggrieved by any decisions of the Board of Adjustment may present
to the Circuit Court of St. Louis County, Missouri, a petition, duly
verified, setting forth such decision as illegal, in whole or in part,
and specifying the grounds of illegality. Such petition shall be presented
to the court within thirty (30) days after the filing of the decision
in the office of the Board.
g.
Upon the presentation of such petition, the court may allow a writ
of certiorari directed to the Board to review such decision of the
Board and shall prescribe therein the time within which a return thereto
must be made and served upon relator's attorney, which shall be not
less than ten (10) days and may be extended by the court. The allowance
of the writ shall not stay proceedings upon the decision appealed
from but the court may, on application, on notice to the Board and
on due cause shown, grant a restraining order.
h.
The Board shall not be required to return the original papers acted
upon by it, but it shall be sufficient to return certified or sworn
copies thereof or of such portions thereof as may be called for by
such writ. The return shall concisely set forth such other facts as
may be pertinent and material to show the grounds of the decision
appealed from and shall be verified.
i.
If, upon the hearing, it shall appear to the court that testimony
is necessary for the proper disposition of the matter, it may take
evidence or appoint a referee to take such evidence as it may direct
and report the same to the court with his/her findings of fact and
conclusions of law which shall constitute a part of the proceedings
upon which the determination of the court shall be made. The court
may reverse or affirm, wholly or partly, or may modify the decision
brought up for review.
j.
Costs shall not be allowed against the Board 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.
4.
Filing fee. A fee of five hundred dollars ($500.00)
shall be paid to the Clerk of the Village at the time the appeal is
filed.
[Ord. No. 05-424 §1, 11-14-2005]
A.
It
shall be the duty of the Building Commissioner of the Village to enforce
this Chapter.
B.
The
owner or general agent of a building or premises where a violation
of any provision of said regulations has been committed or shall exist
or the lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist or the owner, general
agent, lessee or tenant of any part of the building or premises in
which such violation has been committed or shall exist or the general
agent, architect, builder, contractor or any other person who commits,
takes part or assists in any such violation or who maintains any building
or premises in which any such violation shall exist shall be guilty
of a misdemeanor punishable by a fine of not less than ten dollars
($10.00) and not more than five hundred dollars ($500.00) for each
and every day that such violation continues or by imprisonment for
ten (10) days for each and every day such violation shall continue
or by both such fine and imprisonment in the discretion of the court.
Notwithstanding the provisions of Section 82.300, RSMo., however,
for the second (2nd) and subsequent offenses involving the same violation
at the same building or premises, the punishment shall be a fine of
not less than two hundred fifty dollars ($250.00) or more than one
thousand dollars ($1,000.00) for each and every day such violation
shall continue or by both such fine and imprisonment in the discretion
of the court.
C.
Any
such person who having been served with an order to remove any such
violation shall fail to comply with such order within ten (10) days
after such service or shall continue to violate any provision of the
regulations made under authority of Sections 89.010 to 89.140, RSMo.,
in the respect named in such order shall also be subject to a civil
penalty of two hundred fifty dollars ($250.00).
