[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
The presumption established by this Chapter is that all legitimate uses of land are permissible within at least one (1) zoning district in the City's planning jurisdiction. Therefore, because the list of permissible uses set forth in this Chapter cannot be all inclusive, those uses that are listed shall be interpreted liberally to include other uses of similar character and have similar impacts to the listed uses.
B. 
Notwithstanding Subsection (A), all uses that are not listed in this Chapter, even given the liberal interpretation mandated by Subsection (A), are prohibited without review of the Planning and Zoning Commission and approval of the Board of Aldermen when the proposed use is dictated by a conditional use. Nor shall any Section in this Chapter be interpreted to allow a use in one (1) zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts.
C. 
Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited:
1. 
Any use that involves the manufacture, handling, sale, distribution or storage of any highly combustible or explosive materials in violation of the City's Fire Prevention Code.
2. 
Use of a travel trailer as a temporary residence which is not located within a designated recreational vehicle park or which is necessitated per the definition of temporary residences.
3. 
Use of a recreational travel trailer as a permanent residence, except when located within manufactured home ("R-M") zoning district on lots that have been specifically developed to accommodate such trailers.
4. 
Any bar, tavern or nightclub which provides on-premises consumption of liquor by the drink sales within one hundred (100) feet of any school, church or other building regularly used as a place of worship, City park or licensed child care facility.
5. 
Any adult business or entertainment establishment as defined in these regulations which is located within one thousand (1,000) feet of any residentially zoned district, school, church, public park, cemetery, mortuary or funeral home, nursing or retirement home, residential care facility, hospital, medical or dental treatment facility or clinic, licensed child care facility or another adult business or entertainment establishment. These restrictions are necessary to ensure that the societal order and public health of the community is not degraded, that criminal activity is deterred and the welfare of the children of the City of St. Robert is not at risk.
D. 
Churches, synagogues, temples and similar places of worship (including associated residential structures for religious personnel and associated buildings) may be located in any zoning district.
E. 
Municipal properties, including land, buildings or premises owned, rented or leased by the City of St. Robert, are exempt from provisions of this regulation while occupied or employed for public purposes in municipal rights, obligations or pursuits, but such City land or property as may be sold or rented or released to private individuals or corporations must comply with all applicable provisions of this regulation.
F. 
All legal pre-existing land uses that were otherwise lawfully established prior to the effective date of this regulation may be continued as long as the requirements for non-conforming situations are met.
G. 
The following guidelines shall be the controlling factors within each respective zoning district in the City:
1. 
An existing building or structure may be utilized only for a permitted use listed in this Chapter upon clearance of a change of occupancy inspection by the Building Department. Non-conforming use guidelines apply.
2. 
A vacant lot may be utilized for the construction and use of a residential single-family dwelling with the issuance of a building permit. The assumption of this Article is that the vacant lot in question is located within a zoning district which allows the construction of said use.
3. 
All non-residential permitted uses listed in this Chapter shall require approval of a zoning permit, issued by the Administrator, before the proposed use may be developed on the vacant lot or parcel of land on which the use is intended to be located.
4. 
An existing building or structure may be utilized for a conditional use listed in this Chapter upon the final approval of a conditional use permit by the Board of Aldermen. Non-conforming use guidelines apply.
5. 
All conditional uses listed in this Chapter which are to be located on a vacant lot or parcel of land shall require approval of a conditional use permit by the Board of Aldermen before that use may commence or be developed.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
The forgoing provisions of this Chapter classifies different principal uses according to their different impacts. Whenever an activity is conducted in conjunction with another principal use and the former use:
1. 
Constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or
2. 
Is commonly associated with the principal and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use. For example, a restaurant is customarily associated with and integrally related to a hotel or motel and would be regarded as accessory to a hotel/motel use, even though restaurant facilities, if developed apart from a hotel/motel development, would not be permitted in the "C-O" District.
B. 
For purposes of interpreting Subsection (A):
1. 
A use may be regarded as incidental or insubstantial if it is secondary to the principal or primary use; is subordinate to the primary use; or is insubstantial in and of itself.
2. 
To be "commonly associated" with a principal use, it is not necessary for an accessory use to be connected with such principal use, but only that the association of such accessory use with such principal use takes place with sufficient frequency that there is common acceptance of their relatedness.
C. 
Without limiting the generality of Subsections (A) and (B), the following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory to residential principal uses:
1. 
Home occupations meeting the requirements of this Chapter.
2. 
Hobbies or recreational activities of a non-commercial nature.
3. 
Yard sales or garage sales so long as such sales are not conducted on the same lot for more than three (3) days whether consecutive or not during any ninety (90) day period.
4. 
Devices for the generation of energy, such as solar panels, wind generators and similar devices.
5. 
Customary accessory buildings including private garages, carports, swimming pools, decks, gazebos and other structures of similar character.
6. 
Off-street parking.
7. 
Satellite dishes and amateur radio antenna when located within side or rear yard setback lines.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
Notwithstanding any other provisions of this regulation, no zoning or conditional use permit is necessary for the following uses which are developed by the City:
1. 
Public streets.
2. 
Electric power, telephone, telegraph, cable television, gas, water and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way.
3. 
Neighborhood utility facilities located within a pre-existing public right-of-way with the permission of the owner (State or City of St. Robert) of the right-of-way.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes. This occurs whenever the change involves a change from one principal use category to another.
B. 
A mere change in the status of the property from unoccupied to occupied or vice versa does not constitute a change in use.
C. 
A mere change in ownership of a business or enterprise or change in the name shall not be regarded as a change in use.
D. 
When a change in use of property occurs and the essential character or nature of the activity conducted on the lot changes to a more restricted use that requires the approval of a conditional use permit, then the change of use may not legally be made without the approval of a conditional use permit by the Board of Aldermen.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
Group homes shall meet the following requirements in order to be located in a residential district. The exterior appearance of the group home and property shall reasonably conform to the exterior appearance of other dwellings in the immediate vicinity.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
The intent of this Section is to permit the use of residential property for home occupations which are compatible with the neighborhood in which they are located. Any use of a residential dwelling for home occupations shall be done in a manner which is clearly incidental and secondary to the use of the premise for a dwelling. The residential character of a neighborhood shall be preserved and any home occupations which are permitted shall be of such a nature as to not intrude upon adjoining property through the production of noise, vibration, dust, odors, heat, glare or in any other way to detract from the residential neighborhood. Should a conflict arise between use of residential premises for a home occupation with preservation of the neighborhood's residential character, the City's policy is to favor preservation of the neighborhood in its residential form.
B. 
Home occupations shall be operated entirely within the principal residential dwelling and shall be incidental and subordinate to its use for residential purposes.
C. 
To be permissible as a home occupation, all of the following conditions must be satisfied:
1. 
No outdoor storage of materials or equipment used in the home occupation shall be permitted. No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from the outside of the residence.
2. 
Home occupations shall be conducted only by the residents of the dwelling unit without the regular assistance of on-site employees.
3. 
Not more than twenty-five percent (25%) of the total gross floor area of the residential building or more than five hundred (500) square feet of gross floor area (whichever is less) is used for home occupation purposes.
4. 
In no way shall the appearance of the dwelling be altered for the home occupation nor will the home occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or the emission of sounds, noise, vibrations or the paving or other provisions for parking or other vehicular access which exceeds the residential character of the neighborhood.
5. 
Not more than one (1) non-illuminated business sign may be used. The sign shall be attached flat against the building and shall not exceed one (1) square foot in area.
6. 
No equipment shall be utilized, staged or stored on the premises of the residence that creates a visual nuisance due to odor, vibration, noise, electrical interference beyond the property line of the lot upon which the home occupation is conducted.
7. 
No traffic or parking demands shall be generated by such home occupation in greater volume, frequency or type than would normally be expected in a residential neighborhood.
D. 
The following are typical examples of uses which often can be conducted within the limits established herein and thereby qualify as home occupations. Uses which qualify as home occupations are not limited to those named below, nor does this listing automatically qualify it as a home occupation:
1. 
Artists, sculptors and authors or composers;
2. 
Dressmakers, seamstresses, tailors;
3. 
Crafters who create floral, basketry, painting, ceramics, wood carvings and small wood items, stained/leaded glass, textiles and other handmade or small scale crafted items for sale;
4. 
Tutors, provided that tutoring shall be limited to no more than two (2) pupils at a time;
5. 
Office area for architects, engineers, realtors, insurance agents, brokers, computer consultants, word processing consultants, business consultants and members of similar professions but not for the general practice of the profession which requires on-site visits by customers or clients;
6. 
Office area for sales representatives, manufacturers' representatives and direct sellers which does not require on-site storage of goods;
7. 
Office area for contractors, cleaning services, landscapers and other similar enterprises which does not require on-site storage of vehicles, equipment or materials;
8. 
Office area for psychologists, counselors, lawyers and social workers, provided that the home shall not be used for the receipt of clients, patients, customers or other recipients of services or products provided by the profession;
9. 
Home day care which shall also comply with Missouri Statutes.
E. 
The following uses by their nature have a tendency, once started, to increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area. The uses specified below shall not be permitted as home occupations:
1. 
Any home occupation that involves the assistance of employees at a dwelling unit on a regular basis;
2. 
Barbershops and beauty parlors;
3. 
Cabinet making or furniture making manufactured for sale;
4. 
Dancing schools, aerobic schools, personal fitness training;
5. 
Medical or dental offices or clinics, including chiropractors, veterinarians, podiatrists, etc.;
6. 
Motor vehicle repair or service;
7. 
Painting of vehicles or large household appliances;
8. 
Tourist home, including bed and breakfast;
9. 
Gunsmiths;
10. 
Construction business which requires the parking or storage of associated heavy equipment and construction materials;
11. 
Telemarketing operations;
12. 
Home occupations which fail to meet the standards of this Section;
13. 
Taxicab, limousine, chauffeur and airport shuttle and wrecker service.
F. 
In any and all procedures, hearings and appeals the burden of proof regarding compliance and qualification for a home occupational use of property shall be on the person seeking or attempting to retain a home occupational use.
G. 
The Board of Adjustment shall hear appeals in the following cases involving home occupations. Appeals shall be handled in the same manner as all other appeals which have been filed with the Land Use Administrator:
1. 
Appeal by an applicant who believes the decision by Administrator is contrary to the regulation or that an error was made in his/her decision to deny such home occupancy.
2. 
Appeal by an individual who believes the decision by Administrator to allow a home occupation to be conducted is contrary to the regulation or that an error was made in his decision authorizing such home occupancy.
H. 
The filing fee for any appeal to the Board of Adjustment shall be borne by the appellant and shall be the same as for any other appeal or application to the Board of Adjustment.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
Applicability. This Section shall apply to any bookstore, media store or video store in which "adult media" constitutes more than ten percent (10%) but not more than twenty percent (20%) of the net floor area of the business at any time.
1. 
The owner, when applying for a building permit or a change of occupancy, must submit a floor plan identifying the areas designated for adult retail and adult media.
2. 
To determine whether a business is adhering to the limitation of not having more than twenty percent (20%) of the net floor area of the business devoted to adult material described in this Section, the Building Department of the City of St. Robert may designate an employee to inspect said business when the building inspector has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to, or in violation of, this Code and which makes the structure or premises unsafe, dangerous or hazardous to the citizens of St. Robert. If entry is refused, the building inspector shall have recourse to the remedies provided by law to secure entry.
3. 
If, during an inspection, it is determined by a City employee that the business has more than twenty percent (20%) of the net floor area devoted to adult material, the employee shall forward the information to the City prosecutor who shall file a complaint based on information and belief that a violation of Section 401.003 has been committed and the penalty of said violation shall be a fine of not more than five hundred dollars ($500.00) per day or not more than ninety (90) days in jail, or both.
B. 
Prohibition Of Public Display. The owner or operator of a store to which this Subsection is applicable shall have the affirmative duty to prevent the public display of "adult media" at or within the portions of the business open to the general public.
C. 
Display Of "Adult Media". "Adult media" in a store to which this Subsection is applicable shall be kept in a separate room or section of the store, which room or section shall:
1. 
Not be open to any person under the age of eighteen (18);
2. 
Be physically and visually separate from the rest of the store by an opaque wall or durable material reaching at least eight (8) feet high or to the ceiling, whichever is less;
3. 
Be located so that the entrance to it is as far as reasonably practicable from media or other inventory in the store likely to be of particular interest to children; and
4. 
Have access controlled by electronic or other means to provide assurance that persons under age eighteen (18) will not gain admission and that the general public will not accidentally enter such room or section.
D. 
Interpretation. Any person may request an interpretive ruling from the Chief of Police or his or her designee as to whether a particular item is considered by the City to be "designed or marketed for use" in connection with "specified sexual activities". An application for an interpretative ruling shall be made in writing on a form provided by the Chief of Police and shall be accompanied by such other information as may reasonably be requested under the circumstances pertaining to the specific item about which a ruling is requested. The Chief of Police shall issue a written interpretive ruling within ten (10) business days following submission of a completed application. The decision of the Chief of Police may be appealed to the Board of Aldermen within fifteen (15) days following the date of the interpretive ruling by submitting a written notice of appeal to the City Clerk.