[Ord. No. 516 §13(13.01), 6-21-2001; Ord. No. 1341 §35, 8-20-2008]
Unless otherwise stated, the regulations hereinafter established
shall apply within all zoning districts established by this Chapter.
These general regulations supplement and qualify the zoning district
regulations appearing elsewhere in this Chapter.
[Ord. No. 516 §13(13.02), 6-21-2001; Ord. No. 1341 §36, 8-20-2008; Ord. No. 1732 §6, 8-20-2014]
A.
Public And Semi-Public Buildings. In any zoning
district, public or semipublic buildings, such as hospitals, churches,
sanitariums or schools, either public or private, where permitted,
may erect to a height not exceeding seventy-five (75) feet, provided
that such buildings shall have yards which shall increase one (1)
foot on all sides for each additional foot that such buildings exceed
the specified height limit as established in the regulations of the
district in which such buildings are situated.
B.
Structural Projections. Chimneys, cooling towers,
elevator head houses, fire towers, grain elevators, monuments, stacks,
stage towers or scenery lofts, tanks, water towers, ornamental towers
and spires, church steeples, radio and television towers or necessary
mechanical appurtenances usually required to be placed above the roof
level and not intended for human occupancy are not subject to the
height limitations contained in the district regulations, except that
such structural projections shall not exceed the height regulations
of the district in which the structure is situated by more than fifteen
percent (15%) except as indicated below.
C.
Structural projections exceeding the above height limitations shall be considered as conditional uses and shall be processed in accordance with Article VI of this Chapter, except in no event shall a radio aerial or television antenna support extend more than twenty-five (25) feet above the ridge of a roof in any residential district.
[Ord. No. 516 §13(13.03), 6-21-2001; Ord. No. 542 §1(n), 12-20-2001; Ord. No. 1053 §4, 9-13-2006; Ord. No. 1559 §1, 4-20-2011]
A.
Commercial/Industrial Front Yards. In all districts inclusive
where buildings located in the same block on the same side of the
street have provided front yards of greater depth than herein required,
the Board of Aldermen may require a similar setback for buildings
or structures constructed thereafter.
B.
Determination Of Front Setbacks. In measuring a front yard,
the minimum distance to the required setback line shall be measured
from the proposed right-of-way line determined by the transportation
plan. If a new or existing street is not defined by the adopted transportation
plan, the required future width of said street in question shall be
determined by the Board of Aldermen.
C.
Contractor's Office. Contractor's office and equipment
shed shall (containing no sleeping or eating quarters) be kept on
location only during the duration of the project. Such use need not
comply with yard setback requirements of this Chapter.
D.
Structural Projections. Every part of a required yard or
court shall be open from its lowest point to the sky unobstructed,
except for the ordinary projection of sills, belt courses, cornices,
chimneys, buttresses, ornamental features and eaves, provided that
none of the above projections shall extend into a required yard more
than thirty (30) inches. Balconies, canopies or open porches may project
a maximum of five (5) feet into the required front yard and ten (10)
feet into a required rear yard. Open porches extending into the required
yard shall not be enclosed. Air conditioner and heat pump units may
be located in a required yard, whether attached or detached.
F.
Sight Triangle. On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision in a triangle delineated by the right-of-way lines of the intersecting streets and a line connecting points on those right-of-way lines thirty (30) feet from the intersection point of the right-of-way lines or at equivalent points on private streets and out of the sight triangle as shown on Figure 2 to this Chapter 405, except that the sight triangle may be increased for safety by the Board of Aldermen.
G.
Commercial/Industrial Rear Yards. No rear yard shall be
required in Districts "C-1" to "I-1" inclusive on any lot used for
business or industrial purposes, the rear line of which adjoins a
railway right-of-way or which has a rear railway right-of-way or which
has a rear railway track connection.
H.
Through Lots. A through lot having one (1) end abutting
a limited access highway, with no access permitted to that lot from
said highway, shall be deemed to front upon the street which gives
access to that lot.
I.
Fences. Fences shall be allowed in rear and side yards
but not in front yards unless on property zoned "R-1A". Fences shall
be under six (6) feet, three (3) inches in height, unless approved
as security or screen fencing and specifically permitted by the Board
of Aldermen as part of a Conditional Use, Site Plan or Planned Unit
Development approval. Fences intended to provide required screening
shall be privacy type, not chain link with vinyl strips. No barbed-wire
fencing shall be allowed except for livestock fences on land zoned
"R-1A". Use of barbed wire for security purposes is allowed if over
six (6) feet from the ground and installed at the top of other fencing
approved by the Board of Aldermen.
[Ord. No. 516 §13(13.04), 6-21-2001]
Maximum Lot Coverage Calculation. In computing
the amount of lot coverage, the amount of coverage shall include the
total area of all principal and accessory buildings as measured along
the outside wall at ground level. Roads, driveways, parking lots and
swimming pools shall not be included in maximum lot coverage requirements.
[Ord. No. 516 §13(13.05), 6-21-2001; Ord. No. 1341 §37, 8-20-2008]
A.
Access To Business And Industrial Districts. No land which
is located in a residential district shall be used for a major access
route to any land which is located in any business or industrial district;
provided however, that this Section shall not prohibit pedestrian
walks and driveway connections between residential districts and neighborhood
shops when incorporated as a part of a PUD.
B.
Street Access. All lots shall abut a street other than
an alley for a width of at least thirty-five (35) feet.
[Ord. No. 915 §1, 8-17-2005; Ord. No. 1069 §1, 10-18-2006; Ord. No. 1140 §§2 — 3, 3-21-2007; Ord. No. 1663 §1, 1-16-2013]
A.
Purpose. The purpose of these regulations is to regulate
the materials, locations, height and maintenance of fencing and decorative
posts in order to prevent the creation of nuisances and to promote
the general welfare of the public.
B.
Standards And Requirements.
1.
All fences and decorative posts to be constructed within the City
limits that are thirty (30) inches or more in height need to have
a permit issued prior to construction. The property owner or his/her
authorized agent shall obtain a fence permit from the City Code Enforcement
Officer. The City Code Enforcement Officer or his designee is hereby
authorized to make periodic final checks to assure compliance with
this Section during and after construction or erection thereof.
2.
The permit is not valid until a completed application is submitted
and approved and all applicable fees are paid in full.
3.
Construction shall be initiated within six (6) months of the date
of permit issuance and be completed within one (1) year or the permit
will expire by limitation. Renewal of any expired permit is subject
to review by the City Code Enforcement Officer.
4.
Fences erected after passage of this Section that do not comply with
all applicable provisions of this Section shall be considered illegal
and shall be dismantled and removed by the property owner(s) at their
expense.
5.
Issuance of a permit by the City of Dardenne Prairie, Missouri, is
verification that all of the provisions of this Section have been
met, but this does not guarantee or constitute subdivision approval.
C.
Design And Placement.
1.
The maximum height for fencing, accompanying structures and decorative
posts is six (6) feet, six (6) inches, except as noted elsewhere within
this Section.
2.
Fences/decorative posts must be constructed on or within the property
lines; may not be placed in the State right-of-way without a State
permit; and if they are constructed within the easement on the subject
property, are subject to removal by the property owner or other authorized
party without compensation or renumeration.
3.
Fences/decorative posts may be located on any side or rear yard property
line that does not abut a street.
4.
Installation of the fence may not obstruct any manhole or inlet covers
and must not impede/disturb the existing drainage patterns/swales
or natural water flows on the subject property or adjacent properties.
5.
Fencing built forward of the required lot setback line is prohibited,
except in cases where more than one (1) side of the lot abuts a public
street. In this case, the fence may project up to ten (10) feet over
the building line only on the side yard that is adjacent to the street.
Fencing within the front yard setback is prohibited.
6.
Decorative posts less than thirty (30) inches in height may be placed
in the front yard, provided they are no closer than two (2) feet to
the property line. For purposes of this Section, "decorative
posts" are defined as ornamental poles or stakes with attached
chains, rope or other material that serve only aesthetic purposes.
7.
Fencing/decorative posts may not be placed within the sight triangle
of a street intersection as defined in this Chapter or be erected
or constructed in any manner that otherwise impedes vehicular vision.
8.
All fences are required to have a minimum three (3) foot wide gate/opening
on any side adjacent to a street.
9.
The finished side of the fence must face outward. All visible supports
and other structural components shall face in toward the subject property.
10.
All fencing materials must be contiguous; any fencing that is installed
on a piece of property must be of the same material and design as
the existing fence.
D.
Maintenance And Materials (All Zoning Districts).
1.
Acceptable materials for fencing and decorative posts include, but
are not limited to, brick, stone and other masonry, synthetic materials,
natural and treated woods, wrought iron, decorative aluminum and chain
link.
2.
Prohibited materials for fencing and decorative posts include, but
are not limited to, barbed wire, razor wire, hardware cloth, wire
mesh and electrified fencing.
b.
For the purposes of this Section, the term "electrified fencing" shall include any fence, barrier or enclosure partially or totally
enclosing a building, field or yard, carrying an electrical pulse
or charge through any part, section or element thereof. Notwithstanding
the foregoing, the term "electrified fencing" shall
not include "invisible fences" which shall be defined
as a commercially available containment system intended to control
the movement of a dog, cat, or other domesticated animal by emitting
an electrical shock when the animal wearing the collar nears the system's
boundary. All wire(s), if any, forming the system's boundary must
be buried underground.
c.
Notwithstanding the general prohibition on the use of electrified
fencing in this Section, electrified fencing is permitted only on
property located within the "R-lA" Single-Family Residential District
consistent with and for the sole purpose of keeping livestock on the
property. A sign must be placed on every side of such electrified
fencing bearing the words "Electric Fence" in English with letters
at least four (4) inches high.
3.
The property owner shall repair, paint, remove or otherwise attend
to any fencing that has become unsightly or a menace to public safety,
health or welfare.
4.
The City Code Enforcement Officer is hereby empowered to issue notices
to property owners to comply with all provisions of this Section.
Lot owners will be given fifteen (15) days to comply with any and
all requests. However, a longer response time may be granted at the
discretion of the City Code Enforcement Officer in cases when such
compliance would cause an undue hardship.
E.
Non-Conforming Fencing.
1.
All fencing in place prior to the effective date of this Section
shall be considered legal non-conforming structures.
2.
As long as a legal non-conforming fence is not replaced or relocated
or the frame or structural supports are not altered in any manner
that extends, enlarges or intensifies the non-conformity, the fence
will be allowed to remain. If the fence is altered, then the fence
must be brought into compliance with all applicable provisions of
this Section.
F.
Special Fencing Requirements.
1.
Commercial bufferyard fencing.
a.
Base material. The base material used to construct
the fence must be rigid polyvinyl chloride (PVC) and the extruded
product must adhere to the ASTM (American Society for Testing Materials)
standards. The PVC used must be impact tested for durability and must
be formulated to be stable in ultraviolet (UV) light. The material
must also be "self-extinguishing", non-flammable with a flash temperature
of not less than nine hundred degrees Fahrenheit (900°F).
b.
Brackets and fasteners. Brackets and fasteners can
be made of stainless steel, galvanized steel, brass or any other material
fashioned for outdoor use. This is in order to provide better weathering
and rust protection. This includes all nuts, bolts, screws and washers,
as well as all hinge assemblies and latching mechanisms.
c.
Internal dimensions. The PVC used must be of a weight
and thickness that can support itself. The walls of each component
of the fence must be thick enough to ensure that the piece will not
bend or warp because of heat, cold, strong winds or any other external
force. The wall thickness of each component should be matched to the
size of the component used. The standard component sizes and thickness
are listed below:
|
Cross Section (Dimensions)
|
Wall Thickness
| |
|
Posts
|
4" x 4"
|
0.140 inches
|
|
5" x 5"
|
0.135 inches (standard)
| |
|
5" x 5"
|
0.170 inches (heavy)
| |
|
Rails
|
1½" x 1½"
|
0.120 inches
|
|
1¾" x 3½"
|
0.100 inches
| |
|
3" x 3½" T-rail
|
0.095 inches
| |
|
2" x 6" Hollow
|
0.125 inches
| |
|
1½" x 5½" Ribbed
|
0.090 inches
| |
|
2" x 6" Ribbed
|
0.090 inches
| |
|
3" x 3"
|
0.110 inches
| |
|
Pickets
|
⅞" x 1½"
|
0.060 inches
|
|
⅞" x 1½" Heavy wall
|
0.090 inches
| |
|
⅞" x 3"
|
0.060 inches
| |
|
⅞" x 6" Ribbed
|
0.060 inches
| |
|
⅞" x 7" Tongue and groove
|
0.060 inches
|
d.
Posts. All line posts should be fully reinforced
and set the minimum depth required to support a fence of the stated
height. These details should be stated on the fence diagram. All posts
should be topped with molded PVC caps that are complimentary to the
style of the fence. Posts should be routed to receive rails.
e.
Rails. Bottom rails should contain a stiffener channel
for added strength and stability. A steel or aluminum channel may
be used. Rails should be routed to receive pickets.
f.
Pickets. The pickets used in the fence can be either
ribbed or hollow and can be either flat sided or tongue and grove
interlocking.
g.
Gates. Should be fully reinforced so that the gate
retains its shape and fit and can be fully opened and closed without
difficulty.
h.
Design. The design and color of the fence should
be complementary to the other structures located on and around the
site. Although chemical pigment may be added to some PVC compounds
to give the fence color, any additives to the PVC material should
not supersede the material standards previously stated in this document.
i.
Configuration. The sizes and shapes of the pickets,
rails and posts should not deviate from the standard sizes previously
listed, unless necessary for a custom fence installation. For any
deviation, a review of the fence schematic and prior approval will
be required.
j.
Aesthetic. All fencing materials must be contiguous;
any fencing that is installed on a piece of property must be of the
same material and design as the existing fence. If this is not possible,
for instance, the material used to make the existing fence is no longer
available, all existing fencing must be removed or altered so that
it is the same as the new fence. Mixing of fence elements is not permitted
i.e., connecting the twenty (20) foot span between two (2) sections
of wood fencing with a chain-link fence.
2.
Enclosures for pools, spas and hot tubs.
a.
All swimming pools, hot tubs and spas shall be fully enclosed by
a continuous fence with a minimum height of four (4) feet at its lowest
point when measured from finished grade to the top of the fence. The
maximum clearance between the finished grade and the bottom edge of
the fence is two (2) inches.
b.
All fencing used around pools, hot tubs and spas are required to
have gates that open away from the pool structure and are self-closing
and self-latching.
c.
For all inground pools and for all aboveground pools that have a
wall height of less than forty-eight (48) inches, when measured from
finished grade to the lowest point of the structure, the fencing that
encloses the pool will be separate from the pool itself and must meet
the four (4) foot height requirement when measured on the side of
the fence that faces away from the pool.
d.
For all aboveground pools that have a wall height of forty-eight
(48) inches or greater, the pool structure will be accepted as the
barrier, if the minimum height can be reached without any additional
constructs (fencing, railing, etc.) being added to the top of the
pool structure.
e.
If the pool comes equipped with a removable ladder, the ladder alone
shall not constitute an acceptable alternative to the fencing requirements.
When the pool structure qualifies as the barrier, the ladder access
area must be enclosed with a fence at a minimum height of four (4)
feet and have a self-closing, self-latching gate.
f.
In addition to the requirements listed, all fencing used around any
pool must comply with all applicable provisions of the current building
codes as adopted in the City Code.
g.
A fence must be completely constructed and installed in compliance
with this Subsection within fifteen (15) days of the completion of
construction or installation of any pool.
G.
Exceptions.
1.
Temporary protective fencing that is used to secure an area during
active earth work (excavation, construction, grading) is permitted
without the issuance of a fence permit.
2.
Swimming pools, hot tubs, spas and other water features less than
twenty-four (24) inches deep and less than two hundred fifty (250)
square feet of surface area are not required to have fencing or protective
barrier.
3.
Hot tubs or spas with an approved safety cover.
4.
Fencing that is installed as a structural construct or as a safety
device (i.e. batting cages, backstops on ball fields, fencing on the
top of a retaining wall or similar structure, etc.) is permitted without
the issuance of a permit, however, it shall be shown as an improvement
and is subject to review and approval by City staff.
5.
The maximum height limit for fencing/decorative posts may be exceeded
either:
a.
With the approval of a conditional use permit, provided the following
conditions apply: The increase in height shall in no way further obstruct
vision for intersecting streets, driveways, sidewalks or other traffic
areas. The fence shall be screened on its external side with adequate
plants so as to maintain an attractive appearance to said side; or
b.
Without a conditional use permit, if a fence with a height of greater
than six (6) feet six (6) inches is required in order to maintain
compliance with any current City ordinance.
H.
Application Requirements. Applications for a permit to construct
and install a fence shall contain, at a minimum, the following information:
1.
The location or address of the property upon which the fence is to
be constructed and installed; and
2.
The name, address and phone number of the property owner; and
3.
The name, address and phone number of the applicant; and
4.
A scaled drawing/plot plan showing the location of the fence (and
gates) on the property; and
5.
The type of fence to be constructed; and
6.
The materials with which the fence will be constructed; and
7.
The fence height; and
8.
The fence length in approximate linear footage; and
9.
The name, address and phone number of the person/contractor/company
installing the fence.
10.
A letter from the applicable community, homeowners, residence or
similar association, if any, indicating that the proposed fence meets
the requirements of the indentures, covenants and/or restrictions
of such an association.
[Ord. No. 516 §13(13.06), 6-21-2001; Ord. No. 542 §1(o), 12-20-2001; Ord. No. 1341 §38, 8-20-2008]
A.
No
accessory building or structure shall be used prior to the principal
building or use, except as a construction facility for the principal
building. An accessory building attached to the principal building
shall be made a structural part thereof and shall comply with the
provisions of this Code pertaining thereto.
B.
Accessory
buildings on residentially zoned property, except garages as a part
of the residence, must be located in the rear yard of a lot and must
conform to all provisions of this Chapter. On a corner lot, all accessory
buildings (except garages) and recreational vehicle pads must be located
in the rear yard of a lot on the interior side.
1.
Detached accessory buildings and structures.
a.
Height. In all residential districts, a detached
accessory building or structure shall not exceed twenty-four (24)
feet or two (2) stories in height.
b.
Yard and area requirements. No detached accessory
building or structure shall be erected in any required front or side
yard, except for property zoned "R-1A" on tracts greater than two
(2) acres in size. Detached accessory buildings may be located in
the rear yard but shall not occupy more than thirty percent (30%)
of the rear yard area. No detached building or structure may be erected
closer than ten (10) feet to the rear lot line nor closer to the side
lot line than the required minimum side yard setback of the district.
In no case shall any accessory structure be located in a required
transition strip.
[Ord. No. 1975, 9-18-2019]
A.
On any lot in the City of Dardenne Prairie, a person possessing a current, valid medical marijuana cultivation identification card issued by the State of Missouri may have as an accessory use qualifying patient medical marijuana cultivation as permitted by Article XIV, Section 1.7(9) of the Missouri Constitution so long as all the following conditions are met:
1.
The cultivation 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 accordance with all Federal and Missouri laws and regulations.
a.
The State-issued medical marijuana cultivation authorization must
be clearly displayed within the cultivation area and in close proximity
to the marijuana plants as required by State regulations.
b.
The cultivation area must have an odor control system that is at
least as stringent as that which is required by State regulations
and which complies with the nuisance and property maintenance codes
of the City of Dardenne Prairie.
c.
No marijuana may be smoked, ingested or otherwise consumed or administered
on the lot except by a qualifying patient.
d.
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.
e.
Two (2) qualifying patients, who both hold valid medical marijuana
cultivation identification cards, may share one (1) enclosed locked
and secured 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 owns 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 and secured facility.
f.
All cultivated flowering marijuana plants in possession of a qualifying
patient or primary caregiver shall be clearly labeled with the qualifying
patients name.
g.
All patient marijuana cultivation must cease immediately upon the
expiration, suspension or revocation of the State-issued medical marijuana
cultivation identification card.
h.
Nothing herein 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. 516 §13(13.07), 6-21-2001; Ord. No. 542 §1(p), 12-20-2001; Ord. No. 627 §3(13.07(8)), 3-20-2003; Ord. No. 1341 §39, 8-20-2008; Ord. No. 1361 §1, 12-3-2008]
A.
Restrictions And Limitations. Home occupations shall be
permitted as an accessory use to a residential use in any district
subject to the requirements of this Section. Home occupations are
intended for low intensity occupations operated out of a home which
do not impact the residential neighborhood. They are not intended
for operations that generate customer traffic or excessive deliveries
and shipping. Typical candidate occupations might include web page
design, mail order or Internet sales, professional consulting, etc.
1.
All home occupations must occur in the home of the applicant.
2.
An applicant must be a resident of the City at the time of submitting
an application for a home occupation.
3.
In addition to an application for a business license required pursuant
to Title VI of this Code, all applicants must fill out an application
for home occupation and submit it to the City Clerk. If proposed home
occupation meets the requirements of this Section, the City Clerk
shall issue the home occupation permit. If the home occupation permit
is denied, the reasons for such denial shall be provided to the applicant
in writing.
4.
Home occupations shall be operated entirely from an enclosed structure
and shall not occupy more than fifteen percent (15%) of the total
floor area of the main residential building, with the use of the dwelling
for a home occupation being clearly incidental and subordinate to
its use for residential purposes by its occupants. Use of accessory
buildings, not to exceed six hundred twenty-five (625) square feet,
is permitted for warehousing only.
5.
No alteration of the exterior of the principal residential building
shall be made which changes the character thereof as a residence or
other visible evidence of conduct of the home occupation.
6.
No outdoor storage of materials, vehicles or equipment used in the
home occupation shall be permitted.
7.
There shall be no visible evidence of the home occupation. No signs
shall be allowed.
8.
No person shall be engaged in such home occupation other than a person
occupying such dwelling unit as his/her residence.
9.
No operation shall be conducted that creates a nuisance including,
but not limited to, odor, vibration, noise, electrical interference
or fluctuations in line voltage beyond the property line of the lot
upon which the home occupation is conducted.
10.
No commodities shall be displayed or sold outside of the main residential
building.
11.
A home occupation permit shall be issued by the Mayor on the recommendation
of the City Engineer only to the individual occupying a dwelling as
his/her residence. As such, home occupation permits shall not be transferable
and shall terminate upon sale or transfer of the property to a new
owner. Applications may be obtained from the City Clerk and require
a twenty-five dollar ($25.00) application fee. Home occupations shall
require renewal annually on January first (1st) and require a twenty-five
dollar ($25.00) renewal fee.
12.
Any individual requesting a home occupation permit for the retail
sale or retail storage of firearms, weapons, potentially lethal items
or hazardous materials shall indicate on their permit application
the exact nature of their business. The individual must have complied
with all Federal, State and local regulations dealing with the handling
of firearms, weapons, potentially lethal items or hazardous materials
prior to submitting the request for a home occupation permit. The
City of Dardenne Prairie may request proof of compliance at time of
application and/or any time the permit is in effect.
13.
An applicant may, within ten (10) days of receipt of the written
reasons for denial of a home occupation permit, appeal the denial
of a home occupation permit by the City Clerk by submitting, in writing,
a notice of appeal to the Board of Aldermen. The review of the denial
of the Board of Aldermen shall be a review de novo of the permit application.
The permit may be granted only upon the affirmative vote of the majority
of the Board of Aldermen. The Mayor may vote only to break a tie vote
of the Board of Aldermen.
[Ord. No. 516 §13(13.08), 6-21-2001]
Permitted as conditional uses in the "R-1A" District. See Section
405.480(5).
[Ord. No. 516 §13(13.09), 6-21-2001; Ord. No. 542 §1(p, q), 12-20-2001; Ord. No. 628 §§4 — 5, 3-20-2002; Ord. No. 832 §1, 12-15-2004; Ord. No. 889 §1, 6-15-2005; Ord. No. 1053 §5, 9-13-2006; Ord. No. 1140 §4, 3-21-2007; Ord. No. 1341 §40, 8-20-2008; Ord. No. 1441 §3, 11-4-2009; Ord. No. 1506 §1, 7-21-2010]
A.
Intent And Purpose. It is the intent and purpose of this
Section to permit defined temporary uses within the City on a controlled,
time-limited basis, while controlling any adverse impacts on the City's
permanent uses. This Section is not intended to be a way to circumvent
the strict application of the provisions of this Chapter pertaining
to the use of property. Therefore, time limits are to be strictly
enforced.
B.
Temporary Uses Permitted.
1.
Temporary retail sales use. If not already provided
for as a permitted or conditional use by this Chapter, a temporary
retail sales use shall be a temporary use in the non-residential zoning
districts of the City provided the use meets the criteria set forth
in this Section. This Section shall not supersede or substitute for
any other Section of this Chapter that requires another type of permit,
certification or approval.
a.
Criteria for temporary retail sales uses. A temporary
retail sales use may be conducted by the owner, tenant, or lessee
of any property located within a non-residential zoning district,
provided the use meets the following criteria:
(1)
The temporary retail sales use shall obtain a temporary use
permit, as approved by the Board of Aldermen. In reviewing the temporary
use permit application, the following criteria and standards shall
apply:
(a)
Sales of products, services or merchandise not otherwise permitted
in this Code shall not be permitted;
(b)
The temporary retail sales use shall not generate noise, vibration,
glare, fumes, odors, or electrical interference beyond what normally
occurs in the applicable zoning district;
(c)
No more than one (1) temporary retail sales use may operate
at any given time on the same property;
(d)
The same location on private property may not have located thereon a temporary retail sales use more than four (4) times within a calendar year. For the purposes of calculating the number of temporary retail sales uses located on a property within a calendar year only, the location of a fireworks stand or tent permitted pursuant to Subsection (B)(7) of this Section on any such property shall be included as a temporary retail sales use;
(e)
Adequate parking for the customers of the temporary retail sales use shall be provided in accordance with Article XI of this Title and required spaces for the principal use of the property shall not be reduced;
(f)
The temporary retail sales use shall be limited in duration
by the purpose for which the permit is sought and as specified through
the temporary use permit, but in no event shall such use be permitted
for more than one hundred twenty (120) days, whether consecutively
or in the aggregate, during any calendar year;
(g)
A bond or other security agreement, in such amount to be determined
by the City, as necessary, requiring and ensuring that the property
be kept clean of all trash and debris during and immediately after
the temporary retail sales use must be posted with the City prior
to the establishment of the use;
(h)
Information on parking, traffic circulation, fire prevention,
insurance vendors and health certificates where applicable shall be
evaluated. If off-site parking is to be used, then written permission
from the owner of the property on which parking is proposed must be
provided;
(i)
A temporary retail sales use need not necessarily comply with
the setback requirements of the applicable zoning district, provided
however, that no display will encroach within the required yard setback
for any district by more than fifty percent (50%) and no building,
structure, display or equipment shall be located outside of the sight
triangle as shown on Figure 2 of this Chapter;
(j)
In issuing a temporary use permit, the Board of Aldermen may approve appropriate conditions and safeguards as are necessary to protect the public interest and ensure harmony with the intent and purpose of this Section. If an applicant fails to meet such conditions, if the use becomes a nuisance, or if any provision of this Code is violated by the use, the temporary use permit may be revoked by the Director of Community Development upon providing the applicant with written notice of the revocation. If the use endangers the public health or safety, then the Director of Community Development may revoke the permit immediately. The applicant may appeal the revocation of the temporary use permit to the Board of Aldermen in the manner provided in Subsection (D)(3) of this Section; and
(k)
No temporary use permit authorizing a temporary retail sales
use shall be transferable, assignable, or otherwise alienable, nor
shall any such permit be granted authorizing a temporary retail sales
use in a residential zoning district. Temporary retail sales uses
shall be expressly prohibited in residential zoning districts.
b.
Application requirements. In conjunction with an application for a temporary use permit required pursuant to Subsection (D) of this Section, an applicant for a temporary retail sales use must submit a concept plan indicating the following:
(1)
Building(s) outline and floor area;
(2)
Parking areas and parking calculations;
(3)
Curb cuts and cross access with adjacent parcels, if applicable;
(4)
Site features including light standards, trash enclosures, fencing;
(5)
General location of landscaping;
(6)
Setback and appropriate yards;
(7)
Boundary of the subject property;
(8)
Adjacent or connecting streets and their names; and
2.
Contractor's office. Contractor's office and equipment
sheds (containing no sleeping or cooking accommodations) shall be
permitted as an accessory use to a construction project and to continue
only during the duration of construction of such project. Such use
need not comply with yard and setback requirements of this Chapter.
3.
Real estate offices. Real estate offices (containing
no sleeping or cooking accommodations unless located in a display
unit) incidental to a new housing development shall be permitted,
but may continue only until the sale or lease of all dwelling units
in the development. Such offices need to comply with the yard setback
requirements.
4.
Seasonal sales. Seasonal sale of farm products grown
on the premises in an "R-1A" District shall be permitted. Structures
incidental to such sale need not comply with the applicable front
yard requirements, provided that no such structure shall be located
outside of the sight triangle as shown on Figure 2 of this Chapter.
All such structures shall be removed or moved back off of the street
setback line at the end of the season during which they are used.
5.
Carnivals and circuses. A carnival or circus shall
be permitted in "C-1", "C-2" or "I-1" zoning districts for a period
that does not exceed one (1) week. Such use need not comply with the
applicable yard setback requirements, provided that no structures
or equipment shall encroach within the required yard setback for the
district in which it is located by more than fifty percent (50%) and
no structure or equipment shall be located outside of the sight triangle
as shown on Figure 2 of this Chapter.
6.
Disasters. A mobile home may be permitted as a temporary
use for the purpose of providing a residential or non-residential
structure following a disaster, such as a fire, windstorm or flood
as determined by the Mayor of the City of Dardenne Prairie, provided
that the mobile home is located on a three (3) acre minimum site and
is located to minimize its impact on adjacent residential areas. Such
mobile home shall be removed from its location within six (6) months
after its original placement. However, the Mayor may extend the period
six (6) additional months upon showing of good cause by the owner.
7.
Fireworks Stands Or Tents.
[Ord. No. 1806 § 1, 5-18-2016; Ord. No. 1859, 5-17-2017]
a.
Fireworks stands or tents shall be permitted as a temporary
use on all parcels zoned "C-1," "C-2," "C-3" or "I-1" and having a
valid non-conforming commercial use and being located either:
(1)
North of and not more than one thousand six hundred
(1,600) feet from the northernmost right-of-way line of Missouri State
Highway 40/Interstate 64;
(2)
South of and not more than one thousand six hundred
(1,600) feet from the southern right-of-way line of that portion of
Town Square Avenue between Missouri State Highway 40/Interstate 64
to Post Road; or
[Ord. No. 1998, 1-15-2020]
(3)
North of and not more than five hundred fifty (550)
feet from the northern right-of-way line of that portion of South
Outer 364 between Winghaven Boulevard/Bryan Road and Bates Road.
b.
Any such fireworks stands or tents shall also be subject to
the following conditions:
(1)
Applications may be obtained from the City Clerk.
Applications for temporary use permits for fireworks stands or tents
must be accompanied by the following:
(a)
A site plan drawn to scale showing all structures
on the property, both permanent and temporary, parking areas, storage
areas, etc. The site plan must indicate the dimensions of the property
and the exact location of all structures, including distances from
property lines and between structures.
(b)
A letter from the owner of the property on which
the stand or tent is located, authorizing the operation of a fireworks
stand or tent on the property, dated and notarized not earlier than
sixty (60) days prior to the date of the application.
(c)
A minimum of five (5) off-street parking spaces
must be provided. These parking areas shall not be on vegetated areas
that could present a fire hazard, i.e., dried grasses, weeds, etc.
(2)
One (1) or more signs reading "Fireworks —
No Smoking" shall be displayed at all places where fireworks are stored
or sold, in lettering not less than four (4) inches in height. Additionally,
sufficient exits shall be provided and so indicated with "EXIT" signs.
(3)
One (1) fire extinguisher shall be provided within
every fifty (50) feet of walking distance. The minimum weight for
each fire extinguisher must be ten (10) pounds, and each fire extinguisher
must have certification that it has been recharged within the preceding
twelve (12) months. All fire extinguishers must be clearly visible.
A minimum of two (2) fire extinguishers must be provided inside the
stand or tent, and at least one (1) fire extinguisher must be provided
at each entrance and exit. All fire extinguishers must be rated Class
A, B, and C. All employees shall be adequately trained in the use
of fire extinguishers. Water barrels and buckets may be used in addition
to the required number of fire extinguishers.
(4)
Fireworks stands or tents must be located a minimum
of two hundred (200) feet from gasoline storage tanks, gasoline pumps,
or any structures or areas that contain flammable materials. No fireworks
to be discharged within two hundred (200) feet of tent or stand.
(5)
All building setback requirements of the zoning
district in which a stand or tent is located must be observed. All
tractor-trailers, trucks, vans, or other temporary vehicles used for
storage purposes shall be located a minimum of fifty (50) feet from
the stand or tent unless, due to the size of the parcel or lot, this
is not possible. In that event, the storage facilities must be located
as far as possible from the stand or tent.
(6)
Flashing lights of any type are prohibited. All
lighting shall be non-intermittent.
(7)
There shall be not more than one (1) sign or banner
located on or attached to the fireworks stand or tent. In addition,
one (1) ground sign shall be permitted for each stand or tent, located
on the same property as the stand or tent. In addition, one (1) sign
or advertisement shall be permitted attached to or painted on a tractor-trailer
or similar large vehicle parked at the location. The total area of
these signs shall not exceed four hundred (400) square feet each.
All on-premises signs must meet the City's sign ordinance requirements.
All off-premises signs advertising fireworks stands or tents shall
comply with all rules and regulations governing signs of the zoning
district in which the signs are located.
(8)
Each fireworks stand or tent must be kept in a
clean and orderly manner and have trash removal service. Also, each
stand or tent must have on site a metal refuse bin of not less than
one and one-half (1 1/2) cubic yards' capacity that conforms
to Federal Consumer Product Safety Commission, Part 1301 — Ban
of Unstable Refuse Bins. All solid waste generated by the fireworks
stand or tent must be placed in the metal refuse bin with the frequency
of pickups being dictated by the size of said bin.
(9)
Each fireworks stand or tent must provide a portable
restroom if there are no restrooms available on the site. The portable
restroom must be placed out of sight and as far away from the main
roadway as possible.
(10)
No person will be allowed within any street right-of-way
flagging or directing traffic. No interference with the flow of traffic
near the site of the fireworks stand or tent will be permitted. Fireworks
stand or tent employees may direct customers to parking spaces only
within the boundaries of the stand or tent's parking lot and
driveways on private property.
(11)
Wholesalers may only sell to someone with a sales
tax identification number. Buyers with a sales tax identification
number must purchase a minimum of one hundred dollars ($100.00) of
fireworks in bulk quantity.
(12)
The following fees have been established: three
thousand dollars ($3,000.00) for a temporary use permit per stand
or tent regardless of the square footage of said stand or tent. All
fees must be paid by cashier's check to the City of Dardenne
Prairie. Such fee must accompany the application. A full refund will
be made in the event a permit is not granted. If a permit is granted,
no fees or portion thereof will be refunded.
(a)
Anything contained in Section 405.430(B)(7) to the contrary notwithstanding, any non-profit or not-for-profit organization that operates a fireworks stand in the City of Dardenne Prairie, Missouri, on property owned by that organization, which is also its principal place of business, shall be required to pay a fee of one hundred dollars ($100.00), provided that no less than ninety percent (90%) of the profits the organization derived from the operation of the fireworks stand is donated to an organization or organizations which qualify under 26 U.S.C. Section 501(c)(3) as charitable organizations. It shall be the duty of every person engaged in the business of establishing, maintaining or conducting any fireworks stand pursuant to Section 405.430(B)(7)(l) to file with the City Clerk, on or before the 30th day following the end of the fireworks season for that calendar year for which the permit is issued, a sworn statement of the gross receipts from such fireworks stand and a receipt from the charitable organization(s) to which said profits were donated. The City Clerk or his/her duly authorized representative may investigate the correctness and accuracy of the statement required and for that purpose shall have access to the books, documents, papers and records of such fireworks stand at all reasonable times to ascertain the accuracy thereof.
(13)
A certificate of
insurance showing specific coverage levels and showing the City of
Dardenne Prairie as additionally insured shall be provided by the
applicant at the time fees are paid and shall be as follows:
(14)
Retail sales of fireworks are permitted from fifteen
(15) days prior through five (5) days after July 4 of every year.
All temporary use permits issued for fireworks stands or tents shall
expire on the eighth day following July 4 of every year.
(15)
Fireworks stand or tent owners must contact the
fire protection districts or volunteer Fire Department in which the
stand or tent is located regarding payment of any local fees and/or
regulations so applicable.
(16)
If any fireworks stand or tent operator is cited
for violating any of these regulations and fails to correct said violations
within forty-eight (48) hours, the operator will have to close said
stand or tent until the violations are corrected.
(17)
The following are some of the more common building
and electrical code violations regarding fireworks stands or tents.
Please note:
(a)
All overhead electrical wires must be supported
by a steel cable one-eighth-inch minimum diameter and fastened to
the cable every fifty-four (54) inches.
(b)
The overhead wire shall be a minimum of fifteen
(15) feet from ground level.
(c)
All electrical panels, receptacle boxes or any
other type of exterior devices must be weatherproof and in acceptable
condition to meet electrical codes.
(d)
The only approved extension cords must have built-in
fuse breakers.
(e)
All electrical work must comply with the currently
adopted National Electrical Code.
(18)
Field Inspections. The Mayor or his/her designee,
which may include the City Engineer, will inspect permitted fireworks
stands and tents for compliance with the above regulations. This inspection
will be made prior to the stand or tent being open for sales. It is
the responsibility of the stand or tent owner to notify the City that
the stand or tent is ready for inspection or reinspection prior to
being open for sales.
(19)
Temporary Dwelling Structures. No temporary building,
structure, tent or stand may be constructed, raised, installed or
occupied until all valid building permits have been issued pursuant
to the applicable provisions of the Building Code of the City of Dardenne
Prairie, Missouri.
(20)
Permits. All permits must be placed in plain view
of the public.
C.
Temporary Dwelling Structures. No cabin, garage, cellar,
basement or other temporary structure, whether of a fixed or movable
nature, may be erected, altered or moved upon a site and used in whole
or in part for any dwelling purpose whatsoever for any length of time
whatsoever.
D.
Administration. The Mayor, with approval by the Board of
Aldermen, is authorized to issue or deny a permit for a temporary
use within any zoning district provided it meets the requirements
of this Section and does not create a concern regarding health, safety,
traffic and the general welfare. The permit may be issued for a specified
period of time and shall contain provisions regarding health, safety,
traffic and the general welfare. The Mayor and Board of Aldermen may
require such assurances or guarantees of compliance with conditions
as are reasonable and appropriate under the circumstances.
1.
Application and fees. Application for a temporary
use permit under the provisions of this Section shall be made to the
City Clerk by filling in the official temporary use permit application
form created by the Director of Community Development; submitting
required data, exhibits and information; and depositing the required
fee with the City Clerk. Except as otherwise provided in this Section,
the application fee for temporary use permits shall be per the fee
schedule for services, permit applications, plan reviews, inspections,
rezonings and conditional uses, which is on file in the office of
the City Clerk. No part of such fee shall be returnable to the applicant.
Each completed application should be filed with the City Clerk at
least thirty (30) days prior to the Board of Aldermen meeting at which
it may be first considered.
2.
Information required. An application for a temporary
use permit shall be signed by all the owners of the property to be
used or by their agent or agents having authority to sign the application
on their behalf and by the applicant if other than the owner. The
application shall be submitted to the City Clerk and shall contain
or be submitted concurrently with the following information:
a.
A legal description of the property to be affected, including one
(1) hard printed copy and one (1) electronic copy in a Microsoft Word
compatible format;
b.
The names and addresses of all the owners of the affected property
and copies of the deeds on file with the office of the St. Charles
County Recorder of Deeds proving such ownership;
c.
The date of filing with the City Clerk;
d.
The present zoning and proposed use of the property;
e.
The names and addresses of the applicant, and a statement as to their
authority to use the affected property (i.e. lessee, owner, tenant,
licensee, etc.);
f.
Signature(s) of the applicant(s) and owner(s) certifying the accuracy
of the required information. If the owner(s) of the property or the
petitioner(s) are a trust or business entity, then proof of the authority
of the party executing the petition must be provided by way of resolution,
minutes, bylaws, articles of incorporation or some other reasonable
means;
g.
The duration of the temporary use, identifying the date of beginning
and date of termination of the operation of the temporary use; and
h.
Any such other information, records or documents as may be required
pursuant to this Section.
3.
Appeal of denial or revocation. Immediately following
a decision of the Mayor and/or Board of Aldermen to grant or deny
a temporary use permit, the Board of Aldermen shall prepare written
findings of fact and conclusions of law and shall provide notice of
such decision to the applicant. In the event of approval of a license
by the Mayor and the Board of Aldermen, the notice to the applicant
shall be given by letter in person or by mail. In the event of a denial
of a temporary use permit by the Mayor or the Board of Aldermen or
a revocation by the Director of Community Development, the notice
to the applicant shall be by certified mail, return receipt requested;
and the notice shall state with particularity the reasons for such
denial or revocation. Any applicant who is aggrieved by the denial
or revocation of a temporary use permit of any kind may, within ten
(10) days of date of return receipt of such notice of denial or revocation,
appeal such denial or revocation for a hearing before the Board of
Aldermen. The review of the denial of the temporary use permit by
the Board of Aldermen shall be a review de novo of the application
and the Board of Aldermen shall hold a hearing on the temporary use
permit application. The Clerk of the City shall notify the applicant
of the date, time and place of the hearing on the application by certified
mail, return receipt requested. If a hearing is so demanded, the proposed
applicant may be represented by an attorney, and adduce evidence in
support of the application. The City may adduce evidence in opposition
to the application. The Board of Aldermen and the applicant may demand
of the Mayor and the City Clerk that subpoenas be issued to compel
testimony of witnesses at the hearing. The hearing shall be held within
thirty (30) days of the filing of the appeal. The license application
may be granted only upon the affirmative vote of a majority of the
members of the Board of Aldermen.
The Mayor may vote only to break a tie vote of the Aldermen.
[Ord. No. 516 §13(13.10), 6-21-2001; Ord. No. 1053 §6, 9-13-2006]
A.
Not
more than one (1) principal detached single-family dwelling unit shall
be located on a tract of land, nor shall a principal detached single-family
dwelling unit be located on the same tract of land with any other
principal building or structure.
B.
If
a subdivider subdivides a tract of land and there is an existing structure
situated on a subdivided tract, that structure must be platted on
a legal lot of the subdivision. The construction or alteration of
any principal structure on such other subdivided parcels of said tract
of land is prohibited by this Chapter.
C.
No
accessory land use or development shall be established until a primary
structure or use is established on the same lot. No accessory land
use or development shall be allowed to continue after termination
of the primary use or development on a lot.
D.
In
the event two (2) or more permitted, conditional or accessory uses
are conducted on the same tract of land, each having different minimum
area requirements, the minimum area regulations for the combined uses
shall be the largest of the required minimum areas for each of the
particular uses.
E.
Approved Lots. Every building or complex of buildings erected
or structurally altered after the effective date of this Chapter shall
be located on a lot that meets the requirements of both this Chapter
and subdivision regulations. The open space requirements for the district
in which each lot is located must likewise be met.
F.
Minimum Lot Size. Land dedicated for street right-of-way
shall not be included in computing minimum lot area for the purposes
of this Chapter. However, if through dedication of street right-of-way
the area of any lot or parcel already established via the provisions
of the land use and subdivision regulations is decreased below the
minimum area required in the applicable zoning district, development
rights shall not be denied.
[Ord. No. 516 §13(13.11), 6-21-2001]
The declaration and all details of covenants, bylaws and administrative
provisions pertinent to the maintenance of buildings, structures,
land and other physical facilities for condominiums shall be reviewed
and approved by the Board of Aldermen prior to issuance of a building
permit.
[Ord. No. 516 §13(13.12), 6-21-2001]
No livestock or other animals may be kept, maintained or boarded
for any commercial purpose or enterprise unless kept on a minimum
of ten (10) acres and expressly meeting all criteria set forth in
this Chapter.
[Ord. No. 516 §13(13.13), 6-21-2001]
A.
Purpose. The purpose of this Section is to regulate the
spillover of light and glare on operators of motor vehicles, pedestrians
and land use in the vicinity of a light source in order to promote
traffic safety and to prevent the creation of nuisances.
B.
Applicability. The requirements of this Section apply to
all private exterior lighting within the City of Dardenne Prairie.
C.
Depiction On Required Site Plan. Any and all Site Plans
shall depict exterior lighting to show its location, orientation,
intensity of illumination and configuration on the Site Plan required
for the development of the subject property.
D.
Requirements.
1.
Intensity of illumination. In no instance shall
the amount of illumination attributable to exterior lighting, as measured
at the property line, exceed fifty-hundredths (0.50) foot-candles.
The use of shielded luminaries and careful fixture placement is encouraged
so as to facilitate compliance with this requirement.
2.
Location. Light fixtures shall not be located within
required transition strips.
3.
Flashing, flickering and other distracting lighting. Flashing, flickering and/or other lighting which may distract motorists
is prohibited.
4.
Minimum lighting standards. All areas designated
on required Site Plans for vehicular parking, loading or circulation
and used for any such purpose after sunset shall provide artificial
illumination in such areas at a minimum intensity of four-tenths (0.4)
foot-candles.
5.
Height of fixtures. Lighting shall be permitted
at heights reasonable to meet the minimum illumination requirements
while maintaining complete compliance with the intensity, location
and orientation standards of this Section.
6.
Special events lighting. Any temporary use having
exterior lighting which is not in complete compliance with the requirements
of this Section shall require the approval of the Board of Aldermen.
7.
Non-conforming lighting. All lighting fixtures
legally existing prior to the effective date of this Section shall
be considered as legal non-conforming uses.
[Ord. No. 833 §1(13.14), 12-15-2004]
A.
The
Conditions, Covenants, and Restrictions shall establish architectural
standards for the property within the development corridors. The standards
must comply with this section.
B.
The
architectural standards must achieve the following objectives:
1.
Architectural compatibility
2.
Human scale design
3.
Integration of uses
4.
Encouragement of pedestrian activity
5.
Buildings that relate to and are oriented toward the street and surrounding
buildings
6.
Buildings that contain special architectural features to signify
entrances to existing neighborhood and important street intersections
7.
Neighborhood Center Area buildings that focus activity on neighborhood
square
C.
Architectural
standards must be consistent with the guidelines and objectives of
Chapter 3 - Architectural Design Guidelines of the Traditional Neighborhood
Design Manual.
D.
These
Architectural standards must be complied with in areas of less than
twenty (20) acres along the development corridors of Town Square Avenue
from Route 40/61 to Route K, of Fiese Road from Henke Road to Stump
Road and Post/Hanley Roads from Feise Road to Route 40/61.
[Ord. No. 1998, 1-15-2020]
[Ord. No. 1219 §3, 9-19-2007]
An adult business shall not be located within one thousand (1,000)
feet of the property line of any "R" Residential District, regular
place of religious worship, a public or private school, hospital or
nursing home, licensed day care for children, public park, cultural
institution, such as a museum, or pre-existing adult business. An
adult business is any business which offers its patrons goods of which
a substantial portion are adult oriented items or services relating
to such items. Any business where more than fifteen percent (15%)
of the retail value of merchandise offered for sale consists of adult
oriented items shall be presumed to be an adult business. No adult
business shall advertise, display or promote adult oriented items
so that they are visible from outside the premises.
