[Ord. No. 10702, 2-18-2021]
The purpose of this chapter is to set out the individual purpose
statements for each zoning district as well as the list of principal
uses that are allowed within each zoning district. The uses are either
prohibited or allowed, and where they are allowed, they may be permitted,
permitted with additional standards, or conditionally permitted with
additional review. Finally, this chapter includes use-specific standards
for a variety of uses that apply to the individual uses alone in addition
to all other applicable standards of this Code.
[Ord. No. 10702, 2-18-2021]
The City of Kirkwood hereby establishes the following zoning
districts to carry out the purposes of this Code, and to assist in
the implementation of the Comprehensive Plan.
Table 30-1
Zoning Districts Established
|
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Abbreviation
|
District Name
|
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Residential Zoning Districts
|
R-1
|
Single-Family Residential District
|
R-2
|
Single-Family Residential District
|
R-3
|
Single-Family Residential District
|
R-4
|
Single-Family Residential District
|
R-MM
|
Missing Middle Residential District
|
R-5
|
Multifamily Residential District
|
R-6
|
Planned Multifamily Residential District
|
Nonresidential Zoning Districts
|
B-1
|
Neighborhood Business District
|
B-2
|
Central Business District
|
B-3
|
Highway Business District
|
B-4
|
Planned Commercial District
|
B-5
|
Planned Commercial Development District
|
I-1
|
Light Industrial District
|
Special Zoning Districts
|
F-1
|
Floodplain District
|
[Ord. No. 10702, 2-18-2021]
Official Zoning Map and district boundaries.
(a) All land within the City of Kirkwood shall be placed into at least
one of the zoning districts established in
Table 30-1, and such zoning shall be shown on the Official
Zoning Map of the City of Kirkwood, Missouri. This Map, together with
all explanatory data thereon, including all changes thereof as hereinafter
provided, shall be incorporated and made a part of this Code.
(b) The Official Zoning Map shall be properly attested and shall be on
file with the City Clerk of the City of Kirkwood, Missouri.
(c) The boundaries of the districts are shown on the Official Zoning
Map of the City of Kirkwood, which may be amended from time to time
and which is hereby incorporated as if fully set forth herein.
[Ord. No. 10702, 2-18-2021]
The boundaries of the zoning districts are shown upon the Official
Zoning Map. When uncertainty exists with respect to the boundaries
of zoning districts as shown on the Official Zoning Map, the following
rules shall apply:
(a) Where district boundaries are so indicated that they approximately
follow the lot lines, such lot lines shall be construed to be said
boundaries.
(b) Where district boundaries are indicated as approximately following
the center lines of streets or highways, street lines, or highway
right-of-way lines, such center lines, street lines, or highway right-of-way
lines shall be construed to be such boundaries.
(c) Where district boundaries are so indicated that they are approximately
parallel to the center lines or street lines of streets, or the center
lines or right-of-way lines of highways, such district boundaries
shall be construed as being parallel thereto and at such distance
therefrom as indicated on the Zoning Map. If no distance is given,
such dimension shall be determined by the use of the scale shown on
said Zoning Map.
(d) Where the boundary of a district follows a railroad line, such boundary
shall be deemed to be located in the center of the right-of-way of
said railroad line unless otherwise indicated.
(e) Where the boundary of a district follows a stream, lake or other
body of water, said boundary line shall be deemed to be at the center
of such stream, lake or other body of water or at the limit of the
jurisdiction of the City of Kirkwood unless otherwise indicated.
(f) Any person may contest a determination of the location of the zoning district boundary by the Director of Public Services through appeal to the Board of Adjustment pursuant to the appeals process as established in §
25-25.
[Ord. No. 10702, 2-18-2021]
(a) Annexation.
(1)
Whenever an area is annexed to the City of Kirkwood, or any
other city shall merge with the City of Kirkwood, the zoning in place
at the time of such annexation or merger will remain in force over
the annexed or merged area, whether the zoning complies with the provisions
of this Code and regulations of the City of Kirkwood or not; or
(2)
If no such zoning regulations were in force, the annexed area
or merged area shall be zoned as an R-1 District pursuant to the provisions
of this Code for a period of six months from the date of the annexation
or the date of the merger, after which time only zoning regulations
enacted after the date of annexation or merger shall be applicable.
(b) Vacation.
(1)
Whenever any street, alley, public way, railroad right-of-way,
waterway or other similar area is vacated by proper authority, the
districts adjoining each side of such street, alley, public way, railroad
right-of-way, or similar area shall be extended automatically to the
center of such vacation and all areas included in the vacation shall
then and thenceforth be subject to all appropriate regulations of
the extended districts.
(2)
In the event of a partial vacation, the adjoining district,
or district nearest the portion vacated, shall be extended automatically
to include all the vacated area.
[Ord. No. 10702, 2-18-2021]
The following are the purpose statements for each of the established
base zoning districts along with district-specific regulations.
(a) Single-Family Residential District (R-1). The purpose of this district
is to encourage and preserve low-density, detached, single-family
residential and allow for certain neighborhood facilities, such as
places of worship, parks, and schools, that are not detrimental to
the residential environment.
(b) Single-Family Residential District (R-2). The purpose of this district
is to encourage and preserve medium-low density, detached, single-family
residential and allow for certain neighborhood facilities, such as
places of worship, parks, and schools, that are not detrimental to
the residential environment.
(c) Single-Family Residential District (R-3). The purpose of this district
is to encourage and preserve medium-density, detached, single-family
residential and allow for certain neighborhood facilities, such as
places of worship, parks, and schools, that are not detrimental to
the residential environment.
(d) Single-Family Residential District (R-4). The purpose of this district
is to encourage and preserve high-density, detached, single-family
residential and allow for certain neighborhood facilities, such as
places of worship, parks, and schools, that are not detrimental to
the residential environment.
(e) Missing Middle Residential District (R-MM). The purpose of this district
is to allow for small-scale, multifamily residential uses which provide
a transition from detached single-family home districts and more intense
districts, multifamily projects, or commercial districts. This district
may also be appropriate along major thoroughfares and at major intersections.
(f) Multifamily Residential District (R-5). The purpose of this district
is to allow for multifamily residential uses which provide a transition
from single-family residential districts and small-scale multifamily
residential uses to nonresidential districts. This district may also
be appropriate along major thoroughfares and at major intersections.
(g) Planned Multifamily Residential District (R-6).
(1)
Purpose. This district seeks to provide a means of achieving
greater flexibility in development of land for multifamily residential
structures designed solely for the elderly (55 years old or older)
and/or the physically or mentally challenged and related accessory
structures.
(2)
Development plan approval required. No development or redevelopment of the property encompassed by the Planned Multifamily Residential District (R-6) designation shall take place until the proposed development has received an approved development plan and site plan in accordance with §
25-18.
(3)
Development standards. A building or premises shall be used
only for multifamily residential structures designed solely for the
elderly and/or the physically or mentally challenged and related accessory
structures.
(h) Neighborhood Business District (B-1).
(1)
Purpose. This district seeks to encourage commercial services
and shopping that serves the neighboring residential districts.
(2)
District specific regulations.
(i)
A building or premises shall be used only for the permitted
purposes and, except for motor vehicle off-street parking and loading
facilities, all activities relating to any such use shall be conducted
wholly within an enclosed building, unless as specifically permitted
herein; or upon City Council approval of a special use permit specifying
such outdoor use; or
(ii)
Upon application approved by the City Council for a temporary
unenclosed use that may be permitted from time to time after application
is made to and approved by the City Council and after a finding by
the City Council that the general welfare is not adversely affected.
(iii) Deliveries may not occur between the hours of
11:00 p.m. and 7:00 a.m.
(i) Central Business District (B-2).
(1)
Purpose. This district seeks to encourage mixed-use development
with commercial services, retail facilities, and residential uses
that complement each other and attract customers from outside the
district.
(2)
District specific regulations.
(i)
A building or premises shall be used only for the permitted
purposes and, except for motor vehicle off-street parking and loading
facilities, all activities relating to any such use shall be conducted
wholly within an enclosed building, unless as specifically permitted
herein; or upon City Council approval of a special use permit specifying
such outdoor use; or
(ii)
Upon application approved by the City Council for a temporary
unenclosed use that may be permitted from time to time after application
is made to and approved by the City Council and after a finding by
the City Council that the general welfare is not adversely affected.
(3)
Development plan approval required for mixed-use. No development or redevelopment of properties for mixed-use buildings in the B-2 District shall take place until the proposed development has received an approved development plan and site plan in accordance with §
25-18.
(4)
Mixed-use development standards.
(i)
The City Council may establish a list of specific types of nonresidential
uses that are allowed to locate within any approved mixed-use building.
If the City Council does not establish said list, the permitted uses
shall be governed by the B-2 District regulations.
(ii)
Commercial uses, other than home occupations, as defined in
this Code, are not permitted in residential units that were approved
for residential use as part of a mixed-use building.
(iii) Single building developments.
a.
The entire ground story shall consist of nonresidential uses.
Utility, service, and parking (garage) uses may be provided on the
ground floor, but only to the rear of an active commercial use, or
if designed to have a minimum impact on the commercial frontage.
[Ord. No. 10813, 7-6-2023]
b.
Residential uses shall only be permitted on or above the second
story of the building.
(iv)
Multiple building developments.
a.
A minimum of 20% and maximum of 40% of the total gross floor
area of all buildings shall be provided as nonresidential uses.
b.
In buildings which contain nonresidential uses, the entire ground
story shall consist of nonresidential uses. Utility, service, and
parking (garage) uses may be provided on the ground floor, but only
to the rear of an active nonresidential use.
c.
The second and above stories may be nonresidential or residential
uses.
(j) Highway Business District (B-3)
(1)
Purpose. This district seeks to encourage commercial services
and retail facilities that serve customers traveling major streets.
(2)
District specific regulations.
(i)
A building or premises shall be used only for the permitted
purposes and, except for motor vehicle off-street parking and loading
facilities, all activities relating to any such use shall be conducted
wholly within an enclosed building, unless as specifically permitted
herein; or upon City Council approval of a special use permit specifying
such outdoor use; or
(ii)
Upon application approved by the City Council for a temporary
unenclosed use that may be permitted from time to time after application
is made to and approved by the City Council and after a finding by
the City Council that the general welfare is not adversely affected.
(k) Planned Commercial District (B-4).
(1)
Purpose. This district seeks to encourage more intense commercial
uses and multiple uses in one or more buildings on a single lot and
provides targeted flexibility, at the City Council's discretion, to
accommodate such desired uses.
(2)
District specific regulations.
(i)
A building or premises shall be used only for the permitted
purposes and, except for motor vehicle off-street parking and loading
facilities, all activities relating to any such use shall be conducted
wholly within an enclosed building, unless as specifically permitted
herein; or upon City Council approval of a special use permit specifying
such outdoor use; or
(ii)
Upon application approved by the City Council for a temporary
unenclosed use that may be permitted from time to time after application
is made to and approved by the City Council and after a finding by
the City Council that the general welfare is not adversely affected.
(3)
Development plan approval required. No development or redevelopment of the property encompassed by the B-4 District designation shall take place until the proposed development has received an approved development plan and site plan in accordance with §
25-18.
(l) Planned Commercial Development District (B-5).
(1)
Purpose. The purpose of the B-5 Development District is to provide
a means of achieving greater flexibility in development of land for
intensive single and mixed uses in a single or in multiple structures
at suitable nodal locations within the City in a manner not possible
in conventional zones, to encourage a more imaginative and innovative
design of projects, to promote a more desirable community environment,
and to retain maximum control over both the structure and future operation
of the development.
(2)
District specific regulations.
(i)
A building or premises shall be used only for the permitted
purposes and, except for motor vehicle off-street parking and loading
facilities, all activities relating to any such use shall be conducted
wholly within an enclosed building, unless as specifically permitted
herein; or upon City Council approval of a special use permit specifying
such outdoor use; or
(ii)
Upon application approved by the City Council for a temporary
unenclosed use that may be permitted from time to time after application
is made to and approved by the City Council and after a finding by
the City Council that the general welfare is not adversely affected.
(3)
Development plan approval required. No development or redevelopment of the property encompassed by the B-5 District designation shall take place until the proposed development has received an approved development plan and site plan in accordance with §
25-18.
(4)
Development standards.
(i)
The City may, upon proper application, approve a B-5 District
development for a site of at least 2.5 contiguous acres to facilitate
the use of flexible techniques of land development and site design
by providing relief from zoning requirements designed for conventional
developments.
(ii)
Regulations are not intended to allow excessive densities, or
the development of incompatible land uses, either within the development
or as the development relates to the general neighborhood. Adequate
services must support such intensive development or will be provided
prior to occupancy.
(iii) A B-5 District development will be approved only
if the project is of exceptional design quality, if desirable amenities
are an integral part of the development, and if the project can provide
for adequate transition to adjacent neighborhood areas as further
described in the district's development standards related to landscaping
and architectural standards.
(m) Light Industrial District (I-1).
(1)
Purpose. This district seeks to encourage light industrial uses
and small-scale craft manufacturing which create a minimal amount
of nuisance outside the structure and which are not noxious or offensive
by reason of the emission of smoke, dust, fumes, gas odors, noises,
or vibrations beyond the confines of the building and the premises
upon which the building or buildings are situated.
(2)
District specific regulations.
(i)
A building or premises shall be used only for the permitted
purposes and, except for motor vehicle off-street parking and loading
facilities, all activities relating to any such use shall be conducted
wholly within an enclosed building, unless as specifically permitted
herein; or upon City Council approval of a special use permit specifying
such outdoor use; or
(ii)
Upon application approved by the City Council for a temporary
unenclosed use that may be permitted from time to time after application
is made to and approved by the City Council and after a finding by
the City Council that the general welfare is not adversely affected.
(n) Floodplain District (F-1).
(1)
Purpose. This district is designed to meet the needs of the
Meramec River to carry abnormal flows of water in time of flood, to
prevent encroachments into the district which will unduly increase
flood heights and damage, and to prevent the loss of life and excessive
damage to property in the area of greatest flood hazard.
(2)
District specific regulations. All activities within this district are subject to the requirements of Chapter
5, Article
VI, Floodway/Floodplain Management.
[Ord. No. 10702, 2-18-2021; Ord. No. 10778, 11-3-2022; Ord. No. 10788, 2-16-2023; Ord. No. 10847, 2-1-2024]
(a) General provisions.
Table 35-1 lists
the principal uses allowed within all base zoning districts.
(b) Explanation of Table of Permitted Uses.
(1)
Permitted uses.
(i)
A "P" indicates that a use type is allowed by right in the respective
zoning district. Permitted uses are subject to all other applicable
standards of this Code.
(ii)
Permitted uses may be approved through the occupancy or building permit process unless a site plan review is required in accordance with §
25-19.
(2)
Permitted uses with standards.
(i)
A "PS" indicates that a use type is allowed by right in the
respective zoning district if it meets the additional standards as
identified in the last column of
Table 35-1. Permitted uses with standards are subject to all other applicable
standards of this Code.
(ii)
Uses permitted with standards may be approved through the occupancy or building permit process unless a site plan review is required in accordance with §
25-19.
(3)
Special uses.
(i)
An "S" indicates that a use may be permitted if approved through the special use permit review procedure (See §
25-20.). Special uses may be subject to use-specific standards as identified in the last column of
Table 35-1.
Special uses are subject to all other applicable standards of this
Code.
(ii)
The existence or lack of additional use-specific standards in this Code shall not be implied to be the only standards the use is required to meet. Any special use listed in the table shall be subject to the general review standards for all special uses established in §
25-20(e).
(iii) Where a use is listed as P/S or PS/S, there may
be certain circumstances in which a special use approval may be required
rather than the use being permitted or permitted with standards. The
specific approval required shall be as established in the use-specific
standards.
(4)
Prohibited uses.
(i)
A blank indicates that a use is prohibited in the respective
zoning district.
(ii)
Any use not specifically listed shall be considered prohibited
unless approved through a Code text amendment or similar use determination.
(5)
Use-specific standards.
(i)
The numbers contained in the "Use-Specific Standards" column
are references to additional standards and requirements that apply
to the use type listed. Standards referenced in the "Use-Specific
Standards" column apply in all zoning districts unless otherwise expressly
stated.
(ii)
Use-specific standards shall only apply if the use is permitted
with standards (PS) or a special use (S).
(6)
Use determination and unlisted uses.
[Ord. No. 10862, 6-20-2024]
(i)
The Director of Public Services shall make the determination
if a proposed use is permitted, permitted with standards, a special
use, or a prohibited use under the provisions of this section.
(ii)
An applicant may appeal a determination by the Director of Public Services in accordance with §
25-25 or may seek a text amendment in accordance with §
25-17.
Table 35-1
Principally Permitted Uses in Base Zoning Districts
|
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Key:
P = Permitted Use
PS = Permitted Use with Standards
S = Special Use
|
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Use
|
R-1
|
R-2
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R-3
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R-4
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R-MM
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R-5
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R-6
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B-1
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B-2
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B-3
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B-4
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B-5
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I-1
|
F-1
|
Use-Specific Standards See Section:
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Agricultural Uses
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Agricultural use
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P
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Community garden
|
PS
|
PS
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PS
|
PS
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PS
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PS
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PS
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Livestock facility, private
|
S
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Residential Uses
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Continuing-care retirement facility
|
S
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S
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S
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S
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Domiciliary home
|
S
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S
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S
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S
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S
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S
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S
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Dwelling, multifamily
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|
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|
PS
|
PS
|
PS
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PS
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Dwelling, row
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PS
|
PS
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PS
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Dwelling, single-family
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P
|
P
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P
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P
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P
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P
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Dwelling, two-family
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PS
|
PS
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PS
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Group home
|
S
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S
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S
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S
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S
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S
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S
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S
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S
|
S
|
S
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Nursing home
|
S
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S
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S
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S
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S
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S
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S
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S
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S
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Residential treatment facility
|
PS
|
PS
|
PS
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PS
|
PS
|
PS
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S
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S
|
S
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S
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P
|
S
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Residential use, upper floor
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S
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S
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S
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S
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S
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Short-term rental
|
S
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S
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S
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S
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S
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S
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Public, Institutional, and Recreational Uses
|
Wireless communications infrastructure
|
See Article XI, Telecommunications.
|
Bus passenger terminals
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S
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Cemetery
|
S
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S
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S
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S
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S
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S
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Country club
|
S
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S
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S
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Housing for religious personnel
|
PS
|
PS
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PS
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PS
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PS
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PS
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Educational institution (higher education)
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S
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S
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S
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S
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Educational institution (preschool and K-12)
|
PS
|
PS
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PS
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PS
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PS
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S
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S
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S
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S
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S
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Funeral home service
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P
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P
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P
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P
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P
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Fraternal organization or club
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P
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P
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P
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P
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Golf course
|
S
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S
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S
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S
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Government facility
|
P
|
P
|
P
|
P
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P
|
P
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P
|
P
|
P
|
P
|
P
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P
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P
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Hospital
|
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S
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S
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S
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Museum
|
S
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S
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S
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S
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S
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S
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S
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S
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S
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Outdoor recreation, public
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PS
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Park or playground (publicly owned)
|
P
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P
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P
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P
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P
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P
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P
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P
|
P
|
P
|
P
|
P
|
P
|
P
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Place of worship
|
PS
|
PS
|
PS
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PS
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PS
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PS
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PS
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S
|
S
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S
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S
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S
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Place of worship, administrative offices
|
P
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P
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P
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P
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P
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P
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Recreational development
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P/S
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P/S
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P/S
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P/S
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P/S
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P/S
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P/S
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P/S
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P/S
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P/S
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P/S
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Rescue facility, private
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S
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S
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S
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S
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Theater or art exhibition space, indoor
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P
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P
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P
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P
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P
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Commercial, Office, and Mixed Uses
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Amusement facility, indoor
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S
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S
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S
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P
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S
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Amusement facility, outdoor
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S
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S
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S
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S
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Animal facility, major
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|
|
|
|
|
|
|
|
S
|
S
|
S
|
S
|
|
|
Animal facility, minor
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
Catering establishment
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
Craft brewery, winery, or distillery
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
|
|
Day-care center, adult
|
S
|
S
|
S
|
S
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
|
|
Day-care center, child
|
S
|
S
|
S
|
S
|
|
S
|
|
S
|
S
|
S
|
S
|
S
|
|
|
|
Financial institution
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
Gas/fuel station
|
|
|
|
|
|
|
|
|
|
S
|
S
|
S
|
|
|
|
Greenhouse, commercial
|
|
|
|
|
|
|
|
|
|
S
|
|
|
S
|
|
|
Hotel
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
|
|
|
Liquor store
|
|
|
|
|
|
|
|
|
S
|
S
|
S
|
S
|
|
|
|
Marijuana facility or medical marijuana facility
|
|
|
|
|
|
|
|
|
|
S
|
|
|
S
|
|
|
Medical or dental facility
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
Motor vehicle repair shop, major
|
|
|
|
|
|
|
|
|
|
S
|
S
|
S
|
S
|
|
|
Motor vehicle repair shop, minor
|
|
|
|
|
|
|
|
|
|
S
|
S
|
S
|
S
|
|
|
Motor vehicle repair shop, minor (private)
|
|
|
|
|
|
|
|
|
|
S
|
|
|
|
|
|
Office, general
|
|
|
|
|
|
S
|
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
Parking lot or structure
|
|
|
|
|
|
|
|
S
|
S
|
S
|
S
|
S
|
S
|
|
|
Personal and commercial service
|
|
|
|
|
|
|
|
PS/S
|
PS
|
P
|
P
|
P
|
PS/S
|
|
|
Restaurant
|
|
|
|
|
|
|
|
PS/S
|
P
|
P
|
P
|
P
|
|
|
|
Retail business
|
|
|
|
|
|
|
|
PS/S
|
P
|
P
|
P
|
P
|
S
|
|
|
Tattoo studio
|
|
|
|
|
|
|
|
|
S
|
|
|
|
|
|
|
Tobacco or vapor product store
|
|
|
|
|
|
|
|
|
S
|
S
|
S
|
S
|
S
|
|
|
Vehicle sale and rental
|
|
|
|
|
|
|
|
|
|
S
|
S
|
S
|
S
|
|
|
Vehicle wash
|
|
|
|
|
|
|
|
|
|
S
|
S
|
S
|
S
|
|
|
Industrial Uses
|
Central mixing plant
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
|
|
Dry-cleaning plant
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
|
Light manufacturing
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
|
Research and development organization
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
|
Self-storage facility
|
|
|
|
|
|
|
|
|
|
|
S
|
S
|
PS
|
|
|
Storage or warehousing firm, indoor
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
|
Truck freight terminal
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
|
|
Utility substation
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
|
Wholesale business
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
|
[Ord. No. 10702, 2-18-2021]
(a) Purpose and applicability.
(1)
This section provides site planning, development, and/or operating
standards for certain land uses that are permitted with additional
standards or as a special use in
Table 35-1.
(2)
The land uses and activities covered by this section shall comply
with the applicable standards for the specific use in all districts
unless otherwise specified, in addition to all other applicable provisions
of this Code.
(b) Community garden.
(1)
Community gardens may only be permitted as a principal use of
a property when the lot is owned by the City, county, state, or land
bank approved by the City.
(2)
Community gardens are permitted in any yard.
(3)
The owner of the property shall have an established set of operating
rules addressing the governance structure of the garden; hours of
operation; maintenance and security requirements and responsibilities;
and distribution of garden plots.
(4)
The name and telephone number of the owner and any person designated
as the person in charge of the garden coordination along with a copy
of the operating rules shall be kept on file with the Director of
Public Services.
(5)
The site shall be designed and maintained so that water and
fertilizer will not drain onto adjacent properties.
(6)
There shall be no retail sales on site, except for produce grown
on the site.
(7)
Benches, bike racks, raised/accessible planting beds, picnic
tables, garden art, and rain barrel systems are permitted.
(8)
The community garden may include one storage shed and one farm
market per lot (not per individual garden plot) for the purposes of
communal storage and/or communal sales of produce that is grown on-site.
Said structures shall comply with the accessory structure regulations
of the applicable district.
(9)
Fences and walls shall be subject to the provisions of Chapter
5, Article
IV, of the City of Kirkwood Municipal Code.
(c) Livestock facility, private. The minimum lot area shall be 2.5 acres.
(d) Continuing-care retirement facility The minimum lot area shall be
10 acres.
(e) Dwelling, multifamily.
(1)
The maximum density shall be 14 dwelling units per acre unless
located within the Downtown Master Plan Study Area, in which case
the maximum density shall be 43 dwelling units per acre; however,
said requirements may be modified subject to review by the Planning
and Zoning Commission and approval by the City Council.
(2)
In the R-MM District, no lot shall contain more than six residential
units.
(3)
In the B-2 District, unless otherwise approved as part of a
mixed-use development, multifamily dwellings cannot be constructed
on properties that are designated as Mandatory Commercial in the Downtown
Master Plan & Parking Study’s Framework Plan. See Figure
36-A, below.
[Ord. No. 10712, 5-6-2021]
|
Figure 36-A: Downtown Master Plan & Parking Study’s
Framework Plan (Revised May 2021)
|
(f) Dwelling, row.
(1)
The maximum density shall be 14 dwelling units per acre unless
located within the Downtown Master Plan Study Area, in which case
the maximum density shall be 43 dwelling units per acre; however,
said requirements may be modified subject to review by the Planning
and Zoning Commission and approval by the City Council.
(2)
There shall be no more than eight dwelling units in any single
building.
(3) In the B-2 District, unless otherwise approved as part of a mixed-use development, row dwellings cannot be constructed on properties that are designated as Mandatory Commercial in the Downtown Master Plan & Parking Study's Framework Plan. See Figure 36-A in Section
25-36(e)(3).
[Ord. No. 10718, 7-1-2021]
(g) Dwelling, two-family.
[Ord. No. 10718, 7-1-2021]
(1) The
minimum lot area per dwelling unit shall be 3,750 square feet.
(2) In the B-2 District, unless otherwise approved as part of a mixed-use development, two-family dwellings cannot be constructed on properties that are designated as Mandatory Commercial in the Downtown Master Plan & Parking Study's Framework Plan. See Figure 36-A in Section
25-36(e)(3).
(h) Nursing home. In residential zoning districts, the minimum lot area
shall be three acres.
(i) Residential treatment facility. In residential zoning districts,
facilities shall not accommodate more than eight residents.
(j) Residential use, upper floor. In the B-2 District, mixed-use buildings that contain residential uses on the upper floors built after November 15, 2012, are subject to development plan review pursuant to §
25-18.
(k) Short-term rental.
(1)
Short-term rentals shall only be permitted in owner-occupied,
detached single-family dwellings.
(2)
The owner of the dwelling to whom an occupancy permit has been
issued shall maintain the short-term rental as his or her permanent
residence and shall reside on the premises at the time that a short-term
rental guest is present.
(3)
In the R-3, R-4, and R-5 Districts, no more than two bedrooms
shall be rented to no more than four overnight guests at any particular
time.
(4)
In the R-1 and R-2 Districts, no more than four bedrooms shall
be rented to no more than eight overnight guests at any particular
time.
(5)
Rooms shall be rented on a daily basis and for no more than
14 consecutive days and not more than 30 days in a calendar year to
any particular guests.
(6)
If meals are provided to overnight guests, they may be provided
without compliance with City regulations pertaining to restaurants.
(7)
There shall be no exterior evidence of such establishment, except
one nonilluminated sign not exceeding two square feet that shall be
attached to the building.
(8)
There shall be no accessory uses, structures, or buildings other than those that are customarily incidental and subordinate to a single-family dwelling as established in Article
V, Accessory Uses and Structures.
(9)
Prior to renting or advertising the availability of the short-term
rental, owners shall:
(i)
Obtain any necessary zoning approvals;
(ii)
Apply for and obtain an occupancy permit, which shall be valid
for a period of 12 months, at the end of which term the owner shall
be required to apply for a renewal of the occupancy permit for said
permitted use;
(iii) Apply for and obtain a business license from the City in accordance with Chapter
13 of the Municipal Code. This license can be revoked upon violation §
13-54 of the Municipal Code. If a business license is revoked, no new license can be issued for a period of one year; and
(iv)
Provide the name, address, and telephone number of a local contact
person who shall be available 24 hours per day, seven days a week,
for the purpose of responding within 45 minutes to complaints regarding
the condition, operation, or conduct of occupants of the short-term
rental. Failure of the owner or local contact person to respond to
calls or complaints shall be grounds for revocation of the business
license.
(10)
Not more than one short-term rental shall be permitted on each
block. The term "block" as used herein means on both sides of the
street between two intersecting streets, or from an intersecting street
to the dead end of a street.
(11)
Rooms shall not be rented to unaccompanied minors under 18 years
of age.
(12)
In addition to any vehicular parking required per §
25-65, one parking space shall be provided on site for each short-term rental room.
(l) Cemetery. The minimum lot area shall be 40 acres.
(m) Country
club. The minimum lot area shall be 75 acres when in conjunction with
a golf course.
[Ord. No. 10778, 11-3-2022]
(n) Housing for religious personnel.
(1)
Such uses shall be regularly occupied by not more than 10 persons.
(2)
In the R-4 District, the minimum lot area shall be 15,000 square
feet.
(3)
Every building hereafter erected shall be on a lot having a
width of not less than 150 feet.
(o) Educational institution (preschool and K-12).
(1)
For kindergarten and elementary schools, the minimum lot area
shall be two acres plus one additional acre per 100 students over
200 students.
(2)
For middle schools, the minimum lot area shall be 10 acres plus
one acre per 100 students.
(3)
For senior high schools, the minimum lot area shall be 15 acres
plus one acre per 100 students.
(p) Golf course. The minimum lot area shall be 75 acres.
(q) Outdoor recreation, public. All structures shall be firmly anchored
to prevent the structures from floating away during flooding events.
(r) Place of worship.
(1)
In residential zoning districts, the minimum lot area shall
be three acres.
(2)
In residential zoning districts, every building hereafter erected
shall be on a lot having a minimum lot width of 200 feet.
(3)
There shall be a minimum forty-foot side yard setback required
in the R-1 District and a thirty-foot side yard setback required in
the R-2, R-3, R-4, or R-5 Districts for all places of worship.
(4)
In the B-1 Zoning District, the minimum lot area shall be 30,000
square feet.
(s) Recreational development.
(1)
Publicly owned facilities shall be permitted uses.
(2)
Privately owned facilities shall require an approval of a special
use permit.
(3)
In residential districts, privately owned facilities shall have
a minimum lot area of 15,000 square feet.
(t) Gas/fuel station. Gas/fuel stations shall be prohibited within the
Downtown Master Plan Study Area.
(u) Marijuana facility or medical marijuana facility.
[Ord. No. 10788, 2-16-2023]
(1)
Only a comprehensive marijuana dispensary, marijuana microbusiness
dispensary, or medical marijuana dispensary may be considered as a
special use in the B-3 District. Cultivation, dispensary, infused
product manufacturing, and testing facilities may be considered as
special uses in the I-1 District.
(2)
Such facility shall be initially located a minimum of 1,000
feet from a church, place of worship, elementary or secondary school
as defined by the State, or child day-care center. Said distance shall
be measured according to the published regulations issued by the State
of Missouri.
(3)
Such facility shall be located a minimum of 500 feet from another
marijuana facility or medical marijuana facility of the same type.
Said distance shall be measured according to the published regulations
issued by the State of Missouri. This section shall not prohibit one
facility from holding multiple licenses.
(4)
The hours of operation of a comprehensive marijuana dispensary,
marijuana microbusiness dispensary, or medical marijuana dispensary
facility shall be between 8:00 a.m. and 9:00 p.m. daily.
(5)
Operations of cultivation, dispensing, manufacturing and testing
facilities must be conducted entirely within an enclosed building,
and consumption or smoking of marijuana products shall be prohibited
on the premises.
(v) Motor vehicle repair shop, major.
[Ord. No. 10788, 2-16-2023]
(1)
Major motor vehicle repair shops shall be prohibited within
the Downtown Master Plan Study Area.
(2)
No vehicles awaiting body or major parts repair shall be located
within the front yard of the lot or be visible from any right-of-way
or adjacent property and must be completely screened from view.
(3)
The storage of nonoperational and/or disassembled vehicles for
longer than a twenty-four-hour period shall be permitted if stored
in the rear yard and screened by a solid wall or fence with a minimum
height of six feet. No such vehicle shall be stored on-site for more
than one month.
(4)
A motor vehicle repair shop, major, shall be further subject to the same requirements as a motor vehicle repair shop, minor, as established in §
25-36(w).
(5) There
shall be no wrecking or salvaging of parts from vehicles on the site.
(w) Motor vehicle repair shop, minor.
(1)
Minor motor vehicle repair shops shall be prohibited within
the Downtown Master Plan Study Area.
(2)
All repair and service of vehicles shall occur within a completely
enclosed building.
(3)
No vehicles awaiting repair work shall be located within the
front yard of the lot, and said vehicles shall be screened from view
from any right-of-way or adjacent property as determined to be appropriate
by the City Council through approval of a special use permit. This
standard shall not apply to motor vehicle repair shop, minor (private).
(4)
All outdoor display and storage must be screened to their full
height from view from adjacent property in the side and rear yard.
(5)
No off-site impacts regarding noise, odor, hazardous materials
discharge or vibration shall occur on adjacent properties.
(6)
No storage of wrecked or salvage vehicles is permitted outside
of a completely enclosed structure or building.
(7)
Vehicles being serviced or waiting for service shall be stored
for no longer than 14 days on the site if in unenclosed areas.
(8)
All areas not paved or covered by the building shall be landscaped
and maintained.
(9)
The storage and disposal of solid waste and recyclable materials,
including used or discarded motor vehicle parts or equipment, and
fluids, shall comply with all applicable federal, state, and local
requirements.
(10)
Outdoor solid waste and recyclable storage areas shall be screened in accordance with §
25-53.
(11)
Any facility conducting major repair work, including automobile body repair and painting, automobile glass work, automobile transmission work, automobile engine overhaul and repair, and radiator repair work shall be classified as "motor vehicle repair shops, major," and shall be subject to §
25-36(v).
(x) Parking lot or structure. Parking lots or structures are prohibited
within the Downtown Master Plan Study Area as a principal use.
(y) Personal and commercial service.
[Ord. No. 10847, 2-1-2024; Ord.
No. 10862, 6-20-2024]
(1) In
the B-1 and B-2 Districts, the maximum size of any tenant space shall
not exceed 2,000 square feet.
(2) In
the B-1 District, establishments shall not operate between 11:00 p.m.
and 7:00 a.m. Said hours of operation may be extended through approval
of a special use permit.
(3) In
the I-1 District, such use is permitted only on lots with frontage
or addresses on South Kirkwood Road, Grand Avenue and Prospect Avenue.
On all other I-1 zoned lots such use shall be a special use requiring
approval through the special use permit review procedure.
(z) Restaurant (B-1 District).
[Ord. No. 10862, 6-20-2024]
(1)
The maximum size of any tenant space shall not exceed 5,000
square feet.
(2)
Establishments shall not operate between 11:00 p.m. and 7:00
a.m. Said hours of operation may be extended through approval of a
special use permit.
(aa) Retail business (B-1 District).
[Ord. No. 10862, 6-20-2024]
(1)
The maximum size of any tenant space shall not exceed 15,000
square feet.
(2)
Establishments shall not operate between 11:00 p.m. and 7:00
a.m. Said hours of operation may be extended through approval of a
special use permit.
(bb) Tattoo studio.
(1)
A tattoo studio shall be located a minimum of 1,000 feet from
any other tattoo studio.
(2)
Any tenant space containing a tattoo studio shall have a maximum
first-floor street frontage of eight feet.
(cc) Vehicle sale and rental. Vehicle sale and rental facilities shall
be prohibited within the Downtown Master Plan Study Area.
(dd) Vehicle wash. Vehicle wash facilities shall be prohibited within
the Downtown Master Plan Study Area.
(ee) Self-storage facility.
(1)
Self-storage facilities shall provide secured-access drive-through
entrance and exit points.
(2)
All loading and unloading shall take place inside of the building.
(3)
The subject site shall not have direct access to a residential
street.
(4)
There shall be no direct, exterior access to individual storage
units.
(5)
In nonindustrial districts, the building shall be a minimum
of 120,000 square feet.
(6)
In all districts except the I-1 District, the facility shall
be constructed on a minimum five-acre planned development that incorporates
at least 4,500 square feet of additional permitted and/or special
uses.
(7)
In all districts except the I-1 District, the minimum structure
setback from public rights-of-way directly adjacent to the subject
site shall be 300 feet.