Article IV Zoning Districts And Use Standards

[R.O. 1985 § 26-14; 1-12-2021 by Ord. No. 5119]

For the purpose of regulating and restricting the use and development of land and buildings, the City is hereby divided into the zoning districts listed and described in Subsection A of this Section and as shown on the official Zoning Map, which, together with all explanatory matter shown thereon, is hereby adopted by reference and declared part of this Chapter.

Zoning Districts And Intent Statements.

Table 26-14
District Classification	Code Designation	Intent Statement
R-1 Single-Family Residential (not less than 20,000 square feet)	R-1	The district is composed of those areas of the City whose principal use is and ought to be single-family dwellings on the largest lot sizes. The regulations of this district are designed to create and preserve a predominantly suburban character. In addition to the dwellings permitted in this district, certain compatible recreational and public uses are conditionally allowed and strictly regulated to ensure harmony with the principal use of this district.
R-2 Single-Family Residential (not less than 15,000 square feet)	R-2	The district is composed of those areas of the City whose principal use is and ought to be single-family dwellings on the largest lot sizes. The regulations of this district are designed to create and preserve a predominantly suburban character. In addition to the dwellings permitted in this district, certain compatible recreational and public uses are conditionally allowed and strictly regulated to ensure harmony with the principal use of this district.
R-3 Single-Family Residential (not less than 10,000 square feet)	R-3	The district is composed of those areas of the City whose principal use is and ought to be single-family dwellings on moderately sized lots. The regulations of this district are designed to still create and preserve a suburban character but with slightly smaller lot sizes. In addition to the dwellings permitted in this district, certain compatible recreational and public uses are conditionally allowed and strictly regulated to ensure harmony with the principal use of this district.
R-4 Single-Family Residential (not less than 7,500 square feet)	R-4	The district is composed of those areas of the City whose principal use is and ought to be single-family dwellings on smaller lots. The regulations of this district are designed to create and preserve a predominantly urban character as evidenced by the smaller lot sizes. In addition to the dwellings permitted in this district, certain compatible recreational and public uses are conditionally allowed and strictly regulated to ensure harmony with the principal use of this district.
R-5 Single-Family Residential (not less than 6,000 square feet)	R-5	The district is composed of those areas of the City whose principal use is and ought to be single-family dwellings on small lots. The regulations of this district are designed to create and preserve a predominately urban character as evidenced by the small lot sizes. In addition to the dwellings permitted in this district, certain compatible recreational and public uses are conditionally allowed and strictly regulated to ensure harmony with the principal use of this district.
C-1 Local Business	C-1	The district is composed of those areas of the City whose principal use is and ought to be general retail, service, and repair business activities which serve the entire City and surrounding area. This district is provided to permit the development of these business activities, to protect adjacent areas against encroachment by incompatible uses, and to lessen congestion on public streets. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these business activities and the purpose of this district have been excluded.
WROA Watson Road Overlay Area	WROA	The area consists of the properties fronting to Watson Road within the eastern and western boundaries of the City. It requires certain streetscape and design standards for all new development on existing parcels or combination of parcels and underlying permitted and conditional uses are those as shown in Table 26-15, Permitted And Conditional Uses, for the C-1, PD-C, and PD-MXD Districts.
M-1 Light Industrial	M-1	The district is composed of the area of the City whose principal use is or ought to be light manufacturing, warehousing, and other limited industrial uses. These uses generate a minimum of noise, glare, odor, dust, vibration, air and water pollutants, fire, explosive, radioactive and other hazards, and harmful or obnoxious matter. This district is provided to permit the development of these industrial uses, to protect adjacent areas against encroachment by incompatible uses, and to lessen congestion on public streets. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these industrial activities and the purpose of this district have been excluded.
Planned Development Districts		The purpose of the planned development districts is to provide a means of achieving greater flexibility in development of land 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. The planned development 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. Establishment of and regulations pertaining to planned development districts are contained in Article III, Applications And Procedures, Section 26-10, Planned Development.
PD-R Planned Development - Residential	PD-R
PD-C Planned Development - Commercial	PD-C
PD-M Planned Development - Industrial	PD-M
PD-MXD Planned Development - Mixed Use	PD-MXD

§ 26-15 Districts And Uses.

[R.O. 1985 § 26-15; 1-12-2021 by Ord. No. 5119]

Permitted Uses. In order to implement the intent of each zoning district and to regulate a variety of compatible uses within zoning districts, use categories and general uses have been established for principal uses of land and buildings. Table 26-15 indicates permitted uses (P) subject to general district and building type standards or any specific use standards, and conditional uses (C) subject to the discretionary review process in Article III, Applications And Procedures, Section 26-11, Conditional Use Permit. Use categories, general uses and specific types of uses are established in Article IV, Section 26-14, Zoning Districts Established, and specifically described in Article II, Definitions, Section 26-7, Description Of Uses. This table enables general use categories. More specific types of uses within these categories may be subject to additional standards in Section 26-16, Standards Applicable To All Districts and Section 26-17, Standards Applicable To Specific Uses And Districts, or be subject to conditional review processes indicated in Article III, Applications And Procedures, Section 26-11, Conditional Use Permit.

[Amended 7-27-2021 by Ord. No. 5167; Amended 1-25-2022 by Ord. No. 5228; Amended 11-22-2022 by Ord. No. 5309; Amended 11-22-2022 by Ord. No. 5310; Amended by Ord. No. 5336, 2-28-2023; Amended by Ord. No. 5326, 1-24-2023; Amended by Ord. No. 5360, 5-23-2023]

Table 26-15
Permitted and Conditional Uses
P = Permitted C = Use allowed via conditional use permit WROA (not shown). This is an overlay district along Watson Road. Permitted uses are those permitted in C-1, PD-C, and PD-MXD Districts. Blank = Use not allowed
Land Use Type	Zoning District
Land Use Type	R-1	R-2	R-3	R-4	R-5	C-1	M-1	PD-R	PD-C	PD-M	PD-MXD
Residential Uses
Detached house	P	P	P	P	P			P			C
Duplex					P			P			C
3-/4-plex								P			C
Row house (3-8 units; 2- to 3-story)								P			P
Walk-up apartment (3 – 12 units; 2- to 3-story)								P			P
Apartment complex (garden apartment, density based)								P			P
Mixed-use (residential above or behind street level commercial)											P
Accessory dwelling
Group homes (subject to the provisions of Article XII, § 26-78 of this Chapter)	C	C	C	C	C			C
Live/work unit											C
Commercial, Retail Uses
Retail, limited (under 2,500)						P			P		P
Retail, small (2,500 – 8,000)						P			P		P
Retail, general (8,000 – 50,000)						P			P		P
Retail, large (50,000 – 100,000)						P			P		C
Retail, warehouse (over 100,000)						C			P
Retail, outdoor sales, limited						C			C
Retail, outdoor sales, general						C			C
Retail, used						C			C
Restaurant, micro/mobile						C	P		C		C
Restaurant, limited						P			P		P
Restaurant, general						P			P		P
Restaurant, bar/tavern						C			C		C
Restaurant, microbrewery/winery						C	C		C	C	C
Grocery, convenience/market (under 5,000)						C			C		C
Grocery, small store (under 40,000)						P			P		P
Grocery, large store (over 40,000)						P			P		P
Gas station, limited (4 pumps or fewer)						C			C
Gas station, general (5 to 16 pumps)						C			C
Gas station, large (more than 16 pumps)						C			C
Car wash establishment							C			C
Commercial, Office/Service Uses
Office, home-based business	P	P	P	P	P			P			P
Office, limited						P	P		P	P	P
Office, general						P	P		P	P	P
Service, home-based business	P	P	P	P	P			P			P
Service, limited						P	P		P	P	P
Service, general						P	P		P	P	P
Animal care or clinic, limited						P	P		P	P	P
Animal care or clinic, general						P	P		P	P	P
Lodging, bed-and-breakfast
Lodging, inn						P			P		C
Lodging, hotel/motel						P			P		C
Recreation, indoor, limited						P			P		P
Recreation, indoor, general						P			P		P
Recreation, outdoor, limited						C			C		C
Recreation, outdoor, general						C			C		C
Residential care, limited	C	C	C	C	C	P		C	P		C
Residential care, general	C	C				P		C	P		C
Residential care, institutional living						C		C	C		C
Vehicle service/repair, limited						C	P		C	P
Vehicle service/repair, general						C	C		C	C
Vehicle service/repair, heavy							C			C
Industrial Uses
Manufacturing, artisan						C	P		C	P	C
Manufacturing, light							P			P
Manufacturing, general							C			C
Manufacturing, heavy
Storage and warehousing, indoor, limited							P			P
Storage and warehousing, indoor, general							P			P
Storage and warehousing, outdoor							C			C
Storage and warehousing, outdoor, junkyard
Civic/Institutional Uses
Assembly, limited (under 250)	C	C	C			C			C		C
Assembly, limited, religious (under 250)	C	C	C	C	C	C			C		C
Assembly, small (251 – 500)						C			C		C
Assembly, small, religious (251 – 500)	C	C	C	C	C	C			C		C
Assembly, large (501 – 1000)						C			C		C
Assembly, large, religious (501 – 1,000)						C			C		C
Assembly, event venue (1,000 +)						C			C		C
Assembly, event venue, religious (1,000 +)						C			C		C
Education, neighborhood school (<10 acres)	C	C	C	C	C						C
Education, campus (>10 acres)	C	C	C	C	C						C
Education, extension						P			P		C
Open/civic space (parks, subdivision open space or common ground and buffers, trails, civic plazas, other public spaces)	P	P	P	P	P	P	P	P	P	P	P
Community and public service (post office, fire, police, rec center)	C	C	C	C	C	P	P	C	P	P	C
Special Uses
Sexually oriented business and massage businesses (subject to the provisions of Article XII, § 26-75, of this Chapter and Chapter 13, Article II, Division 6, of the Crestwood Municipal Code)						C	C
Medical marijuana sale (subject to the provisions of Article XII, § 26-76, of this Chapter)						C			C
Medical marijuana distribution, cultivation, manufacturing, and testing (subject to the provisions of Article XII, § 26-76, of this Chapter)							C			C
Licensed comprehensive marijuana dispensary facilities and microbusiness dispensary facilities (subject to the provisions of Article XII, § 26-76, of this Chapter)						C			C
Licensed comprehensive marijuana cultivation facilities, comprehensive marijuana-infused products manufacturing facilities, testing facilities, and microbusiness wholesale facilities (subject to the provisions of Article XII, § 26-76, of this Chapter)							C			C

§ 26-16 Standards Applicable To All Districts.

[R.O. 1985 § 26-16; 1-12-2021 by Ord. No. 5119]

Height Area And Bulk Standards. The height, area, and bulk requirements for the various districts are established by Table 26-16 and depict the basic requirements applicable to each district. However, the standards as set forth in Table 26-16 are subject to the exceptions and supplemental standards in Subsection B of this Section and those in Section 26-17, Standards Applicable To Specific Uses And Districts, as may be applicable.

Table 26-16 Summary of Standards
	Lot Area and Coverage					Yard Requirements (setbacks)			Maximum Building Height
Zoning District	Minimum Area	Minimum Width at Building Line (feet)	Minimum Width at Street Right-of-Way (feet)	Minimum Depth (feet)	Maximum Coverage of Buildings and Structures	Front (feet)	Side (feet)³	Rear (feet)³	Principal Boulevard (stories/feet)	Detached Garage (feet)¹	Other Accessory Structures or Outbuildings (feet)¹
R-1 Single-Family Residential²	20,000 square feet	100	50	150	30%	45	12	35 or 20% of lot depth, but not greater than 50	2 1/2 but not more than 35	15	10
R-2 Single-Family Residential²	15,000 square feet	80	50	125	30%	45	12	35 or 20% of lot depth, but not greater than 50	2 1/2 but not more than 35	15	10
R-3 Single-Family Residential²	10,000 square feet	75	50	125	30%	35	8	30 or 20% of lot depth, but not greater than 35	2 1/2 but not more than 35	15	10
R-4 Single-Family Residential²	7,500 square feet	55	35	125	30%	30	7	30 or 20% of lot depth, but not greater than 35	2 1/2 but not more than 35	15	10
R-5 Single-Family Residential²	6,000 square feet	50	35	100	30%	30	6	30 or 20% of lot depth, but not greater than 35	2 1/2 but not more than 35	15	10
C-1 Local Business	5 acres⁴	NA	150	150	No limit	30⁵	5⁶	25⁶	2 1/2 but not more than 35¹	NA	Subject to §§ 26-16 and 26-17
WROA Watson Road Overlay Area	See Article IV, § 26-18
M-1 Light Industrial	5 acres⁴	NA	75	150	80%	30	5^{2, 6}	None⁶	3 but not more than 45¹	NA	Subject to §§ 26-16 and 26-17
PD-R Planned Development - Residential	2.5 acres	All planned development is subject to the provisions of Article III, § 26-10, Planned Development, and the requirements and standards established by the ordinance approving the development plan for the project.
PD-C Planned Development - Commercial	2.5 acres
PD-M Planned Development - Industrial	2.5 acres
PD-MXD Planned Development - Mixed Use	2.5 acres

NOTES:
¹	See Section 26-16B, Exceptions And Supplemental Standards, for additional regulations.
²	See Sections 26-16B and 26-17 for applicable exceptions.
³	Corner lots shall have a side yard and a rear yard adhering to the requirements specified. In addition, the front yard requirements shall apply to all areas adjoining street rights-of-way.
⁴	Unless abutting an existing Commercial (C-1) or Industrial (M-1) Zoning District.
⁵	Except as may be required in the WROA.
⁶	Except fifty (50) feet when abutting an R District.

Exceptions And Supplemental Standards. The exceptions and supplemental standards as set forth below shall apply:

In Residential Districts.

[Added 4-27-2021 by Ord. No. 5152; Amended 7-27-2021 by Ord. No. 5167; Amended 6-28-2022 by Ord. No. 5272]

Subject to the provisions of Subsection B.1.d below, if a lot or tract of land has less area or width, or both, than required in the district regulations, that lot or tract may be used for any of the uses permitted by this Section, including additions to existing structures and not withstanding its non-conformance with this Section, but in no instance shall there be a side yard of less than as follows:

Zoning District	Size of Side Yard (feet)
R-1	8
R-2	8
R-3	6
R-4	6
R-5	6

Front Yard. There shall be a front yard having a depth not less than that specified in Table 26-16. Alternatively, the minimum required front yard setback of a lot may be reduced to be equivalent to the adjacent dwelling located closest to the right-of-way. Front yards shall be measured according to future street and highway widening as provided for in City, St. Louis County, or State of Missouri street and highway widening plans, and shall comply with the setback lines herein provided for. Where lots have a double frontage, a required front yard shall be provided for on both streets, except that the buildable depth of such lot shall not be reduced to less than that specified in Table 26-16, in which latter event the Director of Public Services may waive this requirement and the reduced yard shall apply to the street which will least affect surrounding property. A porch, terrace, or deck may project into a required front yard for a distance up to ten (10) feet beyond the front exterior wall of a dwelling, provided the porch, terrace, or deck maintains a minimum five-foot setback from the front property line. Said porch, terrace, or deck may be covered or uncovered and may include a railing, but shall not be enclosed by solid, impermeable screens, windows, glass, walls, or other similar partitions.

Rear Yard. An uncovered and unenclosed porch, terrace, or deck in which the walking surface does not exceed five (5) feet in height above grade may project into a required rear yard setback for a distance up to ten (10) feet beyond the rear exterior wall of a dwelling or the rear yard setback line applicable to the main building, provided the porch, terrace, or deck maintains a minimum five (5) foot setback from the rear property line. Said porch, terrace, or deck may include a railing, but any portion with a walking surface higher than five (5) feet above grade, or which is covered, or which is enclosed by screens, windows, glass, walls, or other similar partitions shall adhere to the rear yard setback line applicable to the main building.

Nonconforming Lots Of Record. Notwithstanding limitations imposed or exceptions provided by other provisions of this Chapter, a single-family dwelling and customary accessory buildings or structures may be erected on any single lot of record at the effective date of adoption or amendment of this Chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership as of the date of adoption of this Chapter or amendments thereto.

Additions Or Alterations On Non-Conforming Lots. A building permit may be issued by the Director of Public Works for an addition to, or alteration of, an existing building which is located on a lot which is non-conforming only as to the side yard, provided that such addition or alteration does not increase such non-conformity and provided that all other provisions of the Zoning Ordinance are complied with.

All new property development subject to the provisions of this Section and all existing development to be modified or redeveloped and requiring the submission of a new site plan or modification of an existing site plan shall comply with the applicable standards of other articles and sections of this Chapter as follows:

(1)

Article V, Site And Landscape Design Standards.

(2)

Article VI, Access And Parking.

(3)

Article VII, Sign Regulations.

(4)

Article VIII, Supplemental Standards.

(5)

Article IX, Subdivisions and Land Development.

(6)

Article X, Floodway/Floodplain Management.

Home-Based Business. A home-based business must meet the criteria of a no-impact home-based business as set forth in Section 26-5 of this Code, except that a day care licensed by the State of Missouri shall be authorized to serve as many children as authorized by its license from the State. No-impact home-based businesses may be conducted without a permit, license, or prior approval from the City for use of the residence as a home-based business. No-impact home-based businesses shall annually register with the City on a form provided by the Director of Public Services. The registration form shall include, at a minimum, the following information:

[Ord. No. 5336, 2-28-2023]

(1)

The name of the property owner or tenant;

(2)

The address of the residence;

(3)

The name of the business, and contact information for the business owner(s);

(4)

The maximum number of employees on-site at any one (1) time, and the total number of employees;

(5)

The general nature of the business, including whether the business is subject to health inspection;

(6)

An attestation or affirmation that the business qualifies as a no-impact home based business and will comply with all applicable regulations.

Home-based businesses shall comply with all applicable health and safety regulations of the City, including applicable fire and building codes, and all regulations governing health and sanitation, transportation or traffic control, solid or hazardous waste, pollution, and noise control. Home-based businesses shall pay all applicable taxes, and shall comply with all applicable State and Federal laws. All goods, materials, or commodities inventoried, stored, or displayed for sale or kept as inventory shall be stored indoors, or within a fenced rear yard and not visible from the street. Any deliveries or shipments of goods, materials, or commodities shall be conducted in volume, manner, and frequency that does not disrupt or affect the residential character of the surrounding neighborhood.

In The C-1 Commercial District.

Buildings may exceed the heights as specified in Table 26-16 if the building conforms to the following requirements: The gross floor area ratio (FAR) of the building to the area of the lot shall not exceed 1 to 1.5. The area of the lot shall mean the total area of the site, exclusive of the area occupied by streets.

(1)

Buildings exceeding the heights specified in Table 26-16 shall be subject to a sky exposure plane when adjacent to residentially zoned properties. The sky exposure plane will be measured from a line located thirty-five (35) feet above grade and fifty (50) feet from the property line on the non-residential site and will have a slope of forty-five degrees (45°) rising towards the center of the site. No portion of the building or structure shall penetrate this sky exposure plane.

Site plan review is required by Article III, Applications And Procedures, Section 26-12, Major Site Plan And Design Review, or Section 26-13, Minor Site Plan (if applicable), and, in addition, for all new construction, additions to existing structures, and expansion or improvements to parking areas, the following shall be required:

(1)

(a)

Article V, Site And Landscape Design Standards.

(b)

Article VI, Access And Parking.

(c)

Article VII, Sign Regulations.

(d)

Article VIII, Supplemental Standards.

(e)

Article IX, Subdivisions And Land Development.

(f)

Article X, Floodway/Floodplain Management.

Sidewalks shall be provided along all street frontages, the location to be approved by the Director of Public Works.

All developed parcels shall be provided interior drives with a minimum width of pavement of twenty-four (24) feet. Driveway openings shall be limited to not more than thirty-six (36) feet in width and shall be limited to one (1) drive per one hundred (100) feet of lot width. All roads and drives shall be paved with hard surface material meeting the specifications of the City. Curbs and gutters shall be provided along all drives that do not abut parking areas. All parking areas shall be edged with curbs and gutters. Surface or underground storm drainage facilities shall be provided for all roads, drives, and parking areas as approved by the Director of Public Services. All storm drainage will be directed into established surface or underground storm drainage facilities.

In The M-1 Industrial District.

Corner lots shall have a side yard as specified in Table 26-16, except as provided for in Section 26-17, Standards Applicable To Specific Uses And Districts; lots with double street frontage shall have a required front yard on both streets.

Site plan review is required by Article III, Applications And Procedures, Section 26-12, Major Site Plan And Design Review, or Section 26-13, Minor Site Plan (if applicable) and, in addition, for all new construction, additions to existing structures, and expansion or improvements to parking areas, the following shall be required:

(1)

(a)

Article V, Site And Landscape Design Standards.

(b)

Article VI, Access And Parking.

(c)

Article VII, Sign Regulations.

(d)

Article VIII, Supplemental Standards.

(e)

Article IX, Subdivisions And Land Development.

(f)

Article X, Floodway/Floodplain Management.

Sidewalks shall be provided along all street frontages, the location to be approved by the Director of Public Works.

§ 26-17 Standards Applicable To Specific Uses And Districts.

[R.O. 1985 § 26-17; 1-12-2021 by Ord. No. 5119; Amended 8-24-2021 by Ord. No. 5174]

Unless otherwise stated, the regulations hereafter established shall apply within all districts established by this Chapter. These general regulations supplement and qualify the district regulations appearing elsewhere in this Chapter.

Height Exceptions.

Public And Semi-Public Buildings. In any district, except residential districts, public or semi-public buildings, such as hospitals, churches, sanitariums or schools, either public or private, may be erected to a height not exceeding sixty (60) feet, provided that such buildings shall have yards which shall be increased one (1) foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the regulations of the district in which such buildings are situated.

Amateur Radio Antennas And Towers And Parabolic Reflector Antennas.

Definitions. As used in this Section, the following terms shall have the meanings indicated:

ANTENNA

A metallic device having the primary purpose of sending and/or receiving electromagnetic radiation.

ANTENNA TOWER

Any fabrication or construction primarily designed or used for the support of one (1) or more antenna; provided, however, that any fabrication or construction which is less than six (6) feet in height shall not be considered to be an antenna tower.

EIA STANDARD 222

A reference to Electronic Industries Association Standard 222-E, effective 1991, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures."

GROUND-MOUNTED ANTENNA

Any antenna having any working element within five (5) feet of grade.

PARABOLIC REFLECTOR ANTENNA

Any antenna having a curved reflector element, commonly referred to as a "satellite dish."

WIRE ANTENNA

An antenna consisting exclusively of a length of wire and one (1) or more insulators.

General.

(1)

Effective as of July 25, 1995, a permit, as provided for herein, shall be required for the construction or installation of a ground-mounted or roof-mounted antenna or antenna tower for the operation of an amateur radio facility within the City.

(2)

An application for a permit for the construction or installation of an amateur radio antenna and/or antenna tower for operation of a licensed amateur radio facility shall be filed on forms provided by the Director of Public Works and shall contain such information as may be required therein, including:

(a)

Detailed construction and installation plans.

(b)

Site plan of the parcel upon which the installation is to be made showing the specific location of the proposed installation, all improvements on the parcel and, where the application requires consideration by the Board of Aldermen, the site plan shall include the location of trees on such parcel, the general location of the improvements on all adjoining properties and such other information as the Director of Public Services deems appropriate to provide adequate information for the Board of Aldermen. Such application shall be accompanied by satisfactory evidence that the applicant or any occupant of the property for which the antenna or antenna tower is proposed to be installed holds an existing amateur radio license issued by the Federal Communications Commission.

(3)

Issuance Of Permits.

(a)

A permit for a ground-mounted antenna not extending more than forty (40) feet above grade, an antenna mounted on a roof not extending more than 18 feet above the point of mounting, an antenna mounted on a fixed antenna tower which does not extend more than forty (40) feet above grade at the point of installation, or an antenna mounted on a retractable or crank-up antenna tower which does not extend more than sixty-five (65) feet above grade at the point of installation when fully extended shall be issued by the Director of Public Works upon the determination that the location, structural and wiring requirements hereof are satisfied.

(b)

A permit for a ground-mounted antenna extending more than forty (40) feet above grade, an antenna mounted on a fixed antenna tower which extends more than forty (40) feet above grade at the point of installation, or an antenna mounted on a retractable or crank-up antenna tower which extends more than sixty-five (65) feet above grade at the point of installation when fully extended shall be issued or denied in accordance with the following:

(i)

The application shall be referred to the Board of Aldermen for consideration of issuance of a special permit. A public hearing shall be held thereon, with at least fifteen (15) days' public notice being published and notice given to property owners within three hundred (300) feet of the parcel for which the installation is proposed.

(ii)

Upon findings as to whether the proposed conditional use permit is required by topographical conditions or the operational parameters of the antenna or the associated radio equipment to be utilized and as to whether the proposed special permit conforms to the location, structural and wiring requirements hereof, the Board of Aldermen shall approve or deny the special permit and adopt findings and conclusions thereon.

(4)

Location Requirements.

(a)

An antenna tower, ground-mounted antenna, and any portion of any base or support thereof may be erected or installed only in the rear yard of the parcel behind the principal building.

(i)

On corner lots, each setback requirement along the street sides shall be observed.

(ii)

Any antenna tower or ground-mounted tower which exceeds 40 feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above forty-eight (48) feet, unless the Board of Aldermen determines that reasonable provisions to protect adjoining properties exist or that such setback requirements are unnecessary to protect the public health, safety, or general welfare.

(b)

Not more than one (1) antenna tower may be erected on any parcel; provided, however, that an erected support used exclusively for the support of a wire antenna and being no wider than six (6) inches at grade and having a height no greater than forty (40) feet above grade shall not be considered an antenna tower for the purposes of calculating the permitted number of such towers.

(c)

No antenna tower may be erected on the roof of any building.

(d)

Wire antennas utilizing existing building supports or natural supports, such as trees, may be installed within the property boundary.

(5)

Installation.

(a)

All steel antenna towers and erected ground-mounted supports shall be designed, erected, and maintained in accordance with the wind loading requirements of EIA Standard 222-E.

(b)

All aluminum antenna towers, ground-mounted antenna, and erected supports for use with wire antenna shall be designed, erected, and maintained in accordance with sound engineering practices.

(c)

All antennas, antenna feed lines, and antenna controls shall be designed, installed, and maintained in accordance with applicable requirements of the City's electrical code.

(d)

All wiring to or from ground-mounted antennas or antenna towers located more than five (5) feet from the nearest building shall be underground.

(6)

Parabolic Reflector Antennas.

(a)

The Director of Public Works shall issue a permit for a parabolic reflector antenna upon determination that the requirements hereof regarding location, structural components, screening, and wiring are satisfied.

(b)

Location Requirements.

(i)

No parabolic reflector antenna having a reflector greater than twenty-four (24) inches across may be erected or installed on any lot in the City other than in the rear of the lot between the rear line of the principal building on the lot and five (5) feet from the rear lot line. No antenna, nor any portion of any base or support therefor, may be closer to any lot line than the required side yard setbacks; provided, further, that on corner lots, no antenna may be closer to any street than the principal building.

(ii)

On any lot which is improved with a residence, no more than one (1) parabolic reflector antenna, having a reflector of no more than twenty-four (24) inches across, may be mounted on a roof. Any such antenna mounted on a roof must be located on the side of the roof away from the most heavily traveled adjoining street and may not extend above the height of the highest point of the roof.

(iii)

For each building in a commercial district, one (1) parabolic reflector antenna, having a reflector no more than forty (40) inches across, may be mounted on a roof. Any such antenna mounted on a roof must be so located as to minimize the visibility of such antenna from the most heavily traveled adjoining street.

(iv)

Should there be severe practical difficulties in providing a ground location within a C-1 or M-1 Zoning District for parabolic reflector antennas greater than 40 inches in diameter, the Planning Commission may approve a roof installation, provided that the same degree of screening as required above can be achieved.

(c)

Installation Requirements.

(i)

All antennas, antenna feed lines, and antenna controls shall be designed, installed, and maintained in accordance with applicable requirements of the City's electrical code.

(ii)

All wiring to or from ground-mounted parabolic reflector antennas located more than five (5) feet from the nearest building wall shall be underground.

(iii)

A ground-mounted parabolic reflector antenna shall not extend more than ten (10) feet above grade and shall be screened from the view of the traveling public and adjoining property owners by a sight-proof fence at least six (6) inches higher than the maximum height of the antenna or evergreen plantings at least one half (1/2) the height of the antenna at the time of planting. Any evergreen plantings installed in order to comply with this requirement shall be of species readily capable of attaining a height of at least six (6) inches higher than the antenna and of such density as to reasonably screen the antenna from view. Any natural or artificial screening shall be maintained in an attractive and first class condition at all times, shall be subject to inspection by the City from time to time, and shall be replaced or repaired if found to be deficient.

Structural Projections. Except as hereinabove provided with respect to amateur radio antennas and towers and parabolic reflector antennas, any chimneys, cooling towers, elevator headhouses, monuments, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio towers, television towers, microwave towers, or necessary mechanical appurtenances usually required to be placed above the roof level are not subject to the height limitations contained in the district regulations with the following exceptions:

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%);

That structural projections exceeding the above-height limitations shall be considered as conditional uses and shall be processed in accordance with Article III, Applications And Procedures, Section 26-11, Conditional Use Permit, of this Chapter;

Provided, further, that any such structural projections shall have yards which shall be increased one (1) foot on all sides for each additional foot that such structures exceed the specified height limit as established by the regulations of the district in which such buildings are situated.

Height Of Dwellings. Residential structures in the dwelling districts may be increased in height by not more than ten (10) feet when the side and rear yards are increased over the yard requirements of the district in which they are located by not less than ten (10) feet, but they shall not exceed three (3) stories in height.

Yard And Setback Exceptions In C-1 And M-1 Districts.

Generally. If a lot or tract of land has less area or width than required by the district regulations as applicable, and was of record on adoption of this Chapter, that lot or tract may be used for any of the uses permitted by this Section, including additions to existing structure and notwithstanding its non-conformance with this Section, but in no instance shall there be a side yard of less than five (5) feet on each side of the building.

Front Yard. There shall be a front yard having a depth of not less than thirty (30) feet, unless forty percent (40%) or more of the frontage on one (1) side of the street between two (2) intersecting streets is improved with buildings that have observed a front yard line with a variation in depth of not more than six (6) feet, in which case no building shall project beyond the average front yard so established. Front yards shall be measured according to future street and highway widenings as provided for in City, St. Louis County, or State of Missouri street and highway widening plans and shall comply with the setback lines herein provided for. Where lots have a double frontage, a required front yard shall be provided for on both streets, except that the buildable depth of such lot shall not be reduced to less than forty (40) feet, in which latter event the Director of Public Works may waive this requirement as to the street which will least affect surrounding property values.

Structural Projection. 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, cornices, chimneys, buttresses, ornamental features, and eaves; provided, however, that none of the above projections shall extend into a minimum yard more than thirty (30) inches; and provided, further, that canopies or open porches may project a maximum of ten (10) feet into the required front or rear yard, and existing open porches extending into the required yard shall not be enclosed. Slab type porches or paved terraces having a maximum height of not more than twelve (12) inches above ground elevation at any point may project into any yard, except that the projection into the front yard shall not exceed ten (10) feet. For the purposes of this provision, mechanical units are not considered to be structures.

Fire Escapes/Balconies. An open fire escape may project into a required side yard not more than half the width of such yard, but not more than five (5) feet from the building. Fire escapes, solid floored balconies, and enclosed outside stairways may project not more than four (4) feet into a required rear yard.

Accessory Buildings And Structures. (See Section 26-17F, Accessory Buildings And Structures.)

Sight Distance Triangle. On a corner lot in any district, site development and landscaping shall conform to the requirements of the sight distance triangle as provided for in Article V, Site And Landscape Design Standards, Section 26-21B of this Chapter.

Fences. [See Article V, Site And Landscape Design Standards, Section 26-22 (Fencing).]

[Ord. No. 5361, 5-23-2023]

Commercial/Industrial Rear Yards. No rear yard shall be required in Districts C-1 and M-1 or 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.

Through Lots. A through lot having one (1) end abutting a limited access highway, with no access permitted to that lot from the highway, shall be deemed to front upon the street which gives access to that lot.

Area Regulations; 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 or above as viewed from above and includes all projections other than open porches, fire escapes, canopies, or the first three (3) feet of a roof overhang. Roads, driveways, parking lots, and swimming pools shall not be included in maximum lot coverage requirements.

Access Regulations.

Access to business and industrial district. 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 mixed-use development district.

Street Access. All lots shall abut a street other than an alley.

(Reserved)[1]

[1]

Editor's Note: Former Subsection (E), regarding required screening of mechanical equipment, trash, and loading areas for non-residential uses, was repealed 5-23-2023 by Ord. No. 5361.

Accessory Buildings And Structures. Accessory buildings or structures must conform to all provisions of this Chapter. On a corner lot, accessory buildings and structures cannot be located in a required front or side yard.

Timing.

No accessory building or structure shall be used prior to the principal building or use, except as a construction facility for the principal building.

Plans for the principal building must be submitted within six (6) months of construction of an accessory building or structure to be used as a construction facility. If additional time is needed, re-application can be made and approved administratively where the contractor is proceeding in good faith and encounters unanticipated delays or complications.

Attached Accessory Buildings. Any accessory building which is structurally attached to the principal building of a lot shall be considered part of the principal building and shall comply with all provisions of this Chapter pertaining thereto.

Detached Garages.

Height. No detached garage shall be higher than the principal building or fifteen (15) feet, whichever is lower, as measured from the ground to the highest point of the structure. In addition, no detached garage shall have an exterior wall height in excess of ten (10) feet as measured from the ground to the top of the wall.

Yard and area requirements. No detached garage shall be erected in any required front or side yard. Detached garages 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 five (5) feet to the rear lot line, nor closer to the side lot line than the required minimum side yard setback of the district. In addition, any detached garage must be at least ten (10) feet away from the primary structure.

Erection and use. No accessory building shall be constructed upon a lot until the construction of the main building has been commenced. No detached garage shall be used for dwelling purposes.

Architectural compatibility. All detached garages must be of an architectural composition and style which is compatible with the main structure located on the premises.

Other Accessory Structures Or Outbuildings.

Height. No detached accessory structure or outbuilding shall be higher than the principal building or ten (10) feet.

Yard and area requirements. No detached accessory building or structure shall be erected in any required front or side yard. A detached accessory building 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 five (5) feet to the rear lot line nor closer to the side lot line than the required minimum side yard setback of the district.

Erection and use. No accessory building shall be constructed upon a lot until the construction of the main building has been commenced. No accessory building shall be used for dwelling purposes.

No detached accessory building shall be erected within the City unless a permit has been issued by the Director of Public Works or his or her designee.

(1)

An application for such permit shall be filed along with a site plan containing the following information:

(a)

The address of the property.

(b)

The name of all streets bounding the property.

(c)

The size and location of all buildings on the property, as dimensioned from the property lines.

(d)

The location of the proposed detached accessory building, as dimensioned from the property lines.

(e)

The location of the driveways and parking areas.

(f)

A description of the adjacent properties.

(g)

A North arrow.

(h)

A drawing scale.

(2)

The application and/or site plan shall clearly show the location of the detached accessory building to be erected and the material which is to be used. Denial of a permit for the erection of a detached accessory building shall be subject to review by the Board of Adjustment. No permit shall be required to repair an existing detached accessory building.

Carports.

Code requirements. Carports are subject to the requirements for attached or detached structures except as otherwise provided for in this Section.

Carport storage restrictions. It is unlawful to store within a carport any construction material, indoor furniture/appliances, or waste material of any kind, except in approved waste receptacles. Any storage which would render the area unclean or unsafe is prohibited. Orderly storage of outdoor equipment, such as patio furniture, lawn care equipment, outdoor recreation/sport equipment, grills, or firewood is acceptable. Storage of additional items is permitted within enclosed portions of the carport or within plastic, wood, or metal storage containers. It is the duty of the occupant and property owner to ensure that the carport is maintained in a safe and sanitary condition.

Other Prohibited Structures And Items. Notwithstanding any other provision of the Code to the contrary, the following are prohibited in the front yard: swing sets, batting cages, trampolines, playgrounds, forts, tree houses, inflatable bounce houses, playhouses, and indoor furniture/appliances/fixtures. However, such items that are securely fastened, anchored, or affixed to the ground or a tree located in a front yard as of the effective date of this Chapter may remain as a non-conforming building or structure, subject to the regulations of Article IV, Zoning Districts And Use Standards, Section 26-19, Non-Conforming Situations, of this Chapter. Notwithstanding the foregoing, inflatable bounce houses may be erected in a front yard for a temporary period not to exceed seventy-two (72) hours at a time; provided, however, that no inflatable bounce houses may be erected in a front yard on a particular parcel for more than seven (7) days in a calendar year in the aggregate. For purposes of this Subsection only, any area in front of the front building line of the principal building on a parcel shall be considered a front yard.

On-site residential unit accessory to self-storage facilities.

[Ord. No. 5359, 5-23-2023]

Notwithstanding any other provision of this Code to the contrary, one (1) (1) on-site residential unit may be authorized as a conditional accessory use to any self-storage facility permitted in an M-1, Light Industrial District.

An on-site residential unit shall only be permitted as an accessory use upon the approval of a conditional use permit according to the procedure set forth in Section 26-11 of this Chapter.

An on-site residential unit may only be occupied by an employee of the operator of the self-storage facility whose job description requires that employee to be on-site during night hours, as well as members of that employee's immediate family to the first degree of consanguinity.

An on-site residential unit shall be subject to re-occupancy permit requirements set forth in Article V, Sections 7-122 through 7-131.

On-site residential units must comply with other applicable provisions of this Code, including, but not limited to, Chapter 7, Buildings And Building Regulations, and Chapter 9, Fire Prevention And Protection.

Temporary Uses And Structures.

Temporary Use Permit. The Director of Public Works is authorized to issue a permit for the temporary uses identified in Subsection GA of this Section. Any such permit shall be issued for a specified period of time and shall contain such health, safety, and traffic restrictions deemed reasonable by the Director of Public Works and may require such assurances or guarantees of compliance with conditions as are deemed necessary by the Director of Public Works.

Temporary Uses Permitted. In addition to the uses approved subject to the restrictions of this Article, the following temporary uses are authorized:

Christmas tree sales. Christmas tree sales in any business or industrial district for a period not to exceed sixty (60) days. Display of Christmas trees need not comply with the applicable yard setback requirements, provided that no display will encroach within the required yard setback for any district by more than fifty percent (50%) and no display or equipment shall be located within the thirty-foot sight distance triangle of a street intersection as defined in this Chapter.

Contractor's offices. Temporary buildings or trailers may be used as construction offices, field offices or for storage of materials to be used in connection with the development of the tract, provided that the temporary structures are removed from the tract within thirty (30) days after completion of the project development. Temporary buildings or trailers must also be removed from the tract within thirty (30) days after voluntary suspension of work on the project or development, or after revocation of building permits, or on order by the Director of Public Services upon a finding by him that the temporary structure is deemed hazardous to the public health and welfare. A bond in the amount of one thousand dollars ($1,000) for their removal shall be posted with the City.

Real estate offices. Temporary real estate offices or sales offices may be established in a display dwelling unit.

Seasonal sales. Seasonal sale of farm produce grown on the premises, in an R-1 District. Structures incidental to such sale need not comply with the applicable front yard requirements, provided that no such structure shall be located within the thirty-foot sight distance triangle of a street intersection as defined in this Chapter. All such structures shall be removed at the end of the season during which they are used.

Special promotional events by businesses. Special promotional events involve the temporary display of merchandise or sales activities (including the provision of music, entertainment, food, and beverages) which are accessory to, or promoting, the existing permitted or conditionally permitted use(s) of a parcel.

(1)

Any business conducting a special promotional event or events totaling more than thirty (30) calendar days within a calendar year (either consecutive or in total) will require approval of the Crestwood Planning Commission.

(2)

As part of the special event, the installation or erection of temporary facilities or temporary structures and approved signage may be included.

(3)

All such promotional events shall be conducted within paved or enclosed areas of the parcel and shall not otherwise interfere with traffic circulation or emergency access.

(4)

All temporary facilities and/or signs used for any such special promotional event shall conform to all applicable City ordinances.

Temporary Dwelling Structures. No cabin, garage, cellar, basement, or temporary structure, whether of a fixed or movable nature, may be erected, altered, or moved upon and used in whole or in part for any dwelling purposes whatsoever for any length of time whatsoever.

Temporary Commercial Structures. Except as provided for in Subsection F.7.b and e of this Section, no cabin, garage, storage facility, cellar, basement, tent, or other temporary structure or facility, whether of a fixed or movable nature, may be erected, installed, altered, or moved upon and used in whole or in part for any commercial purposes whatsoever for any length of time whatsoever.

Land And Buildings.

Number Of Buildings Permitted Per Lot. Every single-family dwelling hereafter erected or structurally altered shall be located on a separate lot or tract. In no case shall there be more than one (1) single-family dwelling on one (1) lot or tract except for accessory buildings or uses, as defined herein, and except for any structure authorized as part of a special procedure requiring submission to the Planning Commission of any type of site development plan for review and approval. A residential lot must have frontage on a street.

Conversion Or Change In Occupancy Of Single-Family Dwelling. In any district permitting uses other than single-family dwellings, single-family dwellings shall not be converted to another use without first obtaining a certificate of occupancy. No application for a building permit and/or a certificate of occupancy for such a conversion of a single-family residence shall be approved unless accompanied by a detailed site plan, as provided in Article III, Applications And Procedures, Section 26-12, Major Site Plan And Design Review, including a floor plan, showing full compliance with all other applicable regulations of this Chapter.

Uses Prohibited Near Redevelopment Areas. In any zoning district within the City, the following uses are prohibited within three hundred (300) feet of any area designated by the City, or any land clearance for redevelopment authority established by the City, as a blighted area or a redevelopment area pursuant to Chapter 99 or 353, RSMo., or this Code:

Sexually oriented businesses, as defined in Section 13-162;

Automotive sales, rentals and lease;

Beer, wine, distilled alcoholic beverage merchant wholesalers, and liquor stores as a primary use, however retail outlets of greater than ten thousand (10,000) square feet specializing in sales of wine and other spirits shall be permitted within such area;

Pawn shops;

Payday loan, car title loan, and other similar short-term loan establishments;

Thrift stores or secondhand stores; provided, however, that any entity organized pursuant to Sections 501(c)(3) or 501(c)(19) of the Internal Revenue Code may operate a retail business in the practice of reselling donated goods in areas zoned C-1, provided that at least eighty (80%) of all revenue generated by such entity is used to fund the charitable purpose of the organization; and

Retailers who engage primarily in buy-out or liquidation merchandise.

Drive-In Or Drive-Through Establishments.

[Ord. No. 5360, 5-23-2023]

Where Permitted. A drive-in or drive-through window may be implemented at any commercial use, subject to the approval of a conditional use permit (Article III, Section 26-11, Conditional Use Permit). If the underlying commercial use requires a conditional use permit, such drive-in/drive-through may be considered as a component of such conditional use permit application.

Stacking. A minimum of five (5) vehicle stacking spaces, meeting the dimensions of a parking space as defined within this Chapter, shall be provided on premises behind the ordering station. If no ordering station is present, a minimum of five (5) vehicle stacking spaces shall be provided on premises behind the first drive-through service window. Additional or fewer stacking spaces may be required or allowed by the Planning Commission during the conditional use permit review process (Article III, Section 26-11, Conditional Use Permit) if deemed necessary for the provision of safe and efficient vehicular and pedestrian transportation both within the development, and the community. Stacking lanes shall not impede necessary access and circulation within internal drive aisles and for emergency response vehicles.

Ingress And Egress. The minimum distance of driveways into the site from a street intersection and the angle of a driveway intersection with the street shall be based upon reasonable criteria for safe traffic movement, as determined by the Director of Public Works.

Buffer. All drive-through lanes, service windows, and ordering stations shall be located a minimum of fifty (50) feet from single-family residential uses and shall also adhere to all landscaping buffer requirements in Article V of this Chapter.

Noise. All activities shall adhere to the Noise Control Code of St. Louis County.

Vehicle Service/Repair Uses And Gasoline Stations.

[Ord. No. 5360, 5-23-2023]

No gasoline pumps, service islands, canopies, accessory buildings, and other service or pick-up facilities shall project beyond the front building setback line.

Oil Storage. All used oils and other similar materials and products shall be stored underground or within an enclosed building.

All vehicle service and repair shall be conducted entirely within an enclosed building.

Such establishments adjacent to or integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.

When such establishments become vacant for a period exceeding one (1) year, the property shall be required to remove or treat in a safe manner approved by the Department of Public Services, all flammable materials, storage tanks, or storage areas.

Child-Care Centers/Preschools In Residential Districts. In residential districts, including PD-R districts and PD-MXD districts in which residential uses have been authorized, child-care centers, nursery schools, pre-primary schools, and day care schools may be permitted as an accessory use to any authorized nonresidential permitted or conditional use allowed in such district under the following conditions:

[Ord. No. 5378, 8-22-2023]

No more than thirty (30) children may be under the care and supervision of the facility at any one (1) time.

Hours of operation shall be limited to those between 6:00 A.M. to 7:00 P.M.

Child-care centers, nursery schools, pre-primary schools, and day care schools which do not adhere to these limitations may be allowed in the above-described residential districts as a conditional use, subject to the provisions of Article III, Section 26-11, Conditional Use Permit.

§ 26-18 Watson Road Overlay Area.

[R.O. 1985 § 26-18; Ord. No. 5119, 1-12-2021; Ord. No. 5271; Ord. No. 5361, 5-23-2023; Ord. No. 5598, 10-28-2025]

Purpose. The Watson Road Overlay Area (WROA) is intended, by site plan approval, design standards, supplemental standards, and other procedures hereinafter set forth, to provide for the development of retail, office, business and personal service, and multifamily uses for an area along either side of the Watson Road Corridor in the City of Crestwood. It is intended to work in conjunction with the existing regulations of this Chapter to foster a higher quality of architecture and site design that creates a distinct character for the area and promotes an inviting, pedestrian-friendly environment. The purposes of this area designation include the following goals and objectives:

Limit permitted uses for smaller parcels to encourage and promote property assembly for larger, planned development.

Create a pedestrian-friendly, walkable environment with clear and ample access to the City, the Great Rivers Greenway trail system, and nearby parks.

Encourage building placement and design along with site design that encourages creation of a sense of place and that fosters an overall appearance supporting the Watson Road Corridor as destination location.

Promote a mix of land uses and density that creates an identity for the area and can offer the potential to create a live/work environment that can take advantage of the WROA's proximity to public transit.

Encourage increased private investment.

Provide benefit to existing property owners though the increased value of land that these regulations promote.

Area And Applicability. These provisions of this Section shall apply to:

All properties with frontage to the north or south side of Watson Road within the City of Crestwood.

All development within the WROA area involving:

New construction on a vacant or cleared site;

Rehabilitation or renovation of an existing building/structure which requires a building permit, and of existing structures which exceeds current market value of the land and improvements according to the most recent St. Louis County Assessor market valuation by more than 50%; or

Developments which are no longer a legally non-conforming use in accord with the provisions of Sectio 26-19, Non-Conforming Situations of this Article.

In addition, a site plan or development plan approval based on the following:

If the project is located within the portion of the WROA zoned C-1 Commercial District or M-1 Light Industrial District, a site plan shall be required in conjunction with the provisions of Article III, Applications And Procedures, Section 26-12, Major Site Plan And Design Review, or Section 26-13, Minor Site Plan, of this Chapter as may be applicable;

If the project is proposed to be developed in accord the planned development provisions of this Chapter, a preliminary and final development plan in accord with the provisions of Article III (Application and Procedures), Section 26-10, Planned Development, shall be required.

Permitted And Conditional Uses, General. Any structure or land in the WROA Watson Road Overlay Area may be used for purposes as listed in Article IV, Table 26-15 (Permitted and Conditional Uses) of this Chapter applicable to the C-1 Commercial District, the PD-C Planned Development-Commercial District, and the PD-MXD Planned Development-Mixed-Use District, subject to all other provisions and limitations of this Chapter and of other applicable regulations, ordinances and statutes of the City, county or State. In addition, permitted uses and conditional uses are subject to the following additional requirements and restrictions:

All development shall be in accordance with the City's adopted Comprehensive Plan or parts thereof or applicable amendments, including proposed land use and public improvement elements.

All business, services, storage, merchandise display, collection of goods or items, repairing and processing shall be conducted wholly within an enclosed permanent building approved or commercial occupancy, except for accessory off-street motor vehicle parking for customers, employees, residents or visitors and off-street loading or unless expressly permitted by conditional use permit. (See Article III, Applications and Procedures, Section 26-11, Conditional Use Permit.)

Used motor vehicles, trailers, boats or recreation vehicles may be sold only in conjunction with and on the same lot or site as the sale of new vehicles of the same type and under the same business ownership or management.

Processes and equipment employed, and goods processed or sold, should be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibration, refuse matter, water-carried waste, pollutants or matter which in any manner create or constitute a nuisance.

Use Regulations.

As stated previously in this Section, the standards of the WROA are intended to foster creation of a mixed-use location that is attractive as a place to shop, to work, and to live. Except for any special requirements as stipulated hereafter in this Section, requirements pertaining to lot size, area, width, and depth; floor area ratio; building bulk, height, and setback shall be those which apply in the underlying district regulations.

The Planning Commission in conjunction with review by the Director of Public Services and other key City planning and building review staff may recommend to the Board of Aldermen modifications to any of the underlying zoning or subdivision regulations of this Chapter that do not affect public health or safety or create environment or other performance issues to achieve the intent of this Section. Any such modification to the regulations of this Chapter shall be approved by an ordinance enacted by the Board of Aldermen for the specific site and project via the site plan review process of Article III, Applications And Procedures, Section 26-12, Major Site Plan And Design Review, or Section 26-13, Minor Site Plan, of this Chapter or the Planned Development process set forth in Article II, Section 26-8 or the site plan review process of Article III, Applications And Procedures, Section 26-10, Planned Development, of this Chapter as may be applicable under Subsection (B)(3) of this Section above.

Buildings are encouraged to front to Watson Road with facades that have at least fifty percent (50%) of the ground floor with windows that provide a view into the space and entries that front to the street along a tree lawn and sidewalk. The sidewalk shall not be less than ten (10) feet in width and the tree lawn not less than five (5) feet as depicted in Figure D-3 below. The sidewalk shall be intended to carry both pedestrian and bicycle traffic. Outdoor seating associated with restaurant and bar establishments is not permitted on the sidewalks within the right-of-way.

Figure D-3

Building

No minimum side yard is required where commercial buildings are constructed simultaneously with party walls or firewalls; otherwise a minimum side yard of ten (10) feet shall be provided subject to the exceptions of Subsection (D)(5)(c) below. (See Figure D-4 below.)

Figure D-4

Side Yard Pedestrian Connection

For larger developments with multiple buildings, some buildings may be located in proximity to the Watson Road frontage as provided for in Subsection (D)(1) above. However, in order to provide viewsheds into the portion of the development behind the fronting buildings, buildings located at the Watson Road frontage and adjacent to an entry road or drive shall be setback from such roadway or drive as depicted in Figure D-5 below.

Figure D-5

Entry Road or Drive in Large Development

In locations where the side yard is adjacent to an existing or proposed street connecting to Watson Road generally on a north/south axis, the side yard or building setback line shall be not less than 50 feet measured from the center line of said street or not less than 32 feet from the back curbline of either side of said street;

In locations where the front yard is adjacent to an existing or proposed street connecting to Watson Road generally on a north/south axis, the front yard or building setback line shall be not less than 50 feet measured from the center line of said street or not less than 32 feet from the back curbline of either side of said street;

Either of these standards may be modified during the development plan or site plan review process of Subsection (B)(3)(a) or (b) of this Section, but in any event the viewshed created by this standard shall not reduce the distance between buildings abutting either side of such road or entry drive to less than 100 feet;

Minimum rear yard. A minimum rear yard of ten (10) feet shall be provided. If any property adjacent to the site is zoned in an R-1 through R-5 or PD-R zoning classification, there shall be a fifty-foot rear yard.

Off-Street Parking And Loading. All off-street parking and loading is required to comply with Article VI, Access And Parking of this Chapter, but those requirements may be modified in conjunction with the site plan review process to reduce parking requirements and minimize paved surfaces based on the standards outlined in Subsection E.3, of this Section. Access to off-street parking and loading must be accessed via controlled access points and may not allow for parking that provides direct pull-in and back-out parking to and from Watson Road across the site frontage. To reduce curb cuts on to Watson Road, all off-street parking for new development or redevelopment of existing sites with multiple street frontages must have access to an adjoining street other than Watson Road and must provide for cross access to adjacent property.

Environmental Controls. All development shall conform to the environmental performance standards provided in Article VIII, Supplemental Standards, Section 26-38, Environmental Performance Standards, and the stormwater management standards of Article V, Site And Landscape Design Standards, Section 26-24, Stream Buffer Protection, along with other applicable provisions of the Crestwood Municipal Code.

Signs. In conjunction with site plan review, the site plan must contain information to indicate the type, and location of all signage in compliance with the provisions of Article VII of this Chapter must be provided and approved as part of site plan approval.

Development Requirements, Guidelines, And Standards. To achieve the goals and objectives as outlined in Subsection (A) of this Section and achieve the City's vision for the Watson Road Corridor, the following development standards are established for uses within the Watson Road Corridor subject to the provisions of Subsection (B) of this Section. It is recognized that not all of the standards may be attainable with particular property or uses. Therefore, the regulations in the WROA are intended to provide flexibility to property owners and developers for many types of development particularly with respect to building height and development density. In addition, the regulations are meant to provide a certain degree of latitude to the Planning Commission and the Board of Aldermen to vary from these or other regulations when reviewing site plans in order to achieve the goals and objectives of the Comprehensive Plan and these regulations. The degree to which a site plan for development meets or exceeds the design standards set forth in this Subsection shall be considered and will be evaluated when considering site plans for proposed development. A developer should be prepared to explain why certain development standards cannot be met or that alternatives serve the same purpose as the standard. The standards are intended to allow the Watson Road Corridor to become another recognized location within the City as a live/work/relax location. Examples of the various standards and/or design features intended to be carried out within the WROA are included throughout this Section.

Building Design. New buildings should be designed to include common features and materials so that a sense of place and character is created for the WROA.

Exterior building materials. Building materials should be used and installed in keeping with the chosen architectural style. Building material colors should be varied and complementary and three (3) colors for all building elevations required. Except as minor accents for trim, such as window frames or entry doors, primary or garish colors should be avoided and subtle colors and earth tones are preferred. Materials should be of a scale appropriate to the pedestrian and complement adjacent structures. The table entitled "Exterior Material Legend" below provides a listing of acceptable/generally unacceptable materials. This table is intended to provide direction but is not intended to represent absolute approval or disapproval of any listed item and will depend on building architecture.

Exterior Material Legend
Acceptable Exterior Materials	Generally Unacceptable Exterior Materials
Brick or brick veneer	Vinyl or aluminum siding
Natural stone (limestone, brownstone, lannon stone, marble, granite)	Veneer-based plywood siding
Metal panels (used as accent features, includes types such as Alucobond, Alpolic, or similar)	Plywood panels (such as T1-11)
Cement-fiber siding	Plexiglas
Decorative concrete masonry units (CMU) or architectural cement block	Corrugated metal with exposed fasteners (used as accent features and comprising no more than 30% of the exterior building materials used)
Concrete, including precast panels (may be used when incorporating color, texture and architectural finish features)	Painted smooth concrete masonry units (unless used in locations behind screen walls)
Exterior grade wood (must be appropriate species for climate)	Exposed steel framing (unless integral to the design)
Composite siding	Corrugated tin roofing (unless dictated by the specific architectural style)
EIFS or stucco (generally above the first story and not more than 30% of the wall area exclusive of windows and doors)	Smooth-face concrete block
Vinyl trim (accent only)	Standing seam or batten seam metal roofing (unless dictated by the specific architectural style)
Glass block (may be used only as a feature element, not for glazing or windows)	Shake shingles
Brick and stone pavers
Manufactured stone
Commercial grade asphalt shingles
Slate roofing
Concrete tile roofing

Building Details. Each building shall incorporate several common architectural features, appropriate for the architectural style chosen. Examples include pilasters, piers, columns, friezes, cornices, and window surrounds. Building elements, such as awnings, signs, doors, windows, and lighting, should complement the architecture of the building facade and finishes. (See Example 1.)

Design Features And Structures. Use of awnings, canopies, or other design features should enhance main facades, especially at building entries. Attached structures, such as covered arcades or porte cocheres, shall be compatible with and complement the overall design of the building and its facade. (See Example 2.)

Building Entrances. Building entrances are required to be clearly delineated and indicate a clear transition from the exterior to the interior of the building. Every main entrance is required to have a special emphasis when compared to the other portions of the building. The building address should be clearly displayed in a readable typeface of sufficient size for reading from a vehicle at a reasonable distance and oriented to the street or drive frontage recognized by the US Postal Service and the City's Fire and Police Departments. (See Example 3.)

Facade Articulation. Buildings and parking structures of three (3) stories or less in height designed with completely flat facades and monotone color schemes are not permitted. All buildings and parking structures are required to have horizontal and vertical facade variations, such as pop-outs, bays, recesses, arches, banding, columns, or similar features. Buildings of more than three (3) stories may have a flat facade of uniform design above the third floor. (See Example 4.)

Height And Roofline. Single-story buildings should have varying roofline elevations to add architectural interest and avoid the appearance of long, monotonous roofline expanses. A variation, such as a parapet or tower, is required every 50 feet of roofline. Also, if mechanical HVAC equipment that is installed on the roof of any structure in the WROA is visible from grade level in residential areas, or, is visible from Watson Road or any primary access road within a larger development, said equipment shall be screened by a wall with a finish surface compatible in design and color to that which is used as a finish building wall material. The back of parapets should also not be visible from Watson Road or any primary access road within a larger development and must match the color and materials of the building. (See Example 5.)

Pedestrians/Bicycle Access. All buildings must be designed to encourage pedestrian activity and social interaction and create a walkable environment that encourages pedestrian access, as well as bicycle access, to and within the Watson Road Corridor and connectivity to the adjacent greenway trail system.

Windows. Windows are key to the overall design of a building and the relationship between the exterior and interior. Eye level windows are required to relate to the scale of a person. Clear glass for storefronts, windows and doors, within the retail merchandising areas is required. Slightly tinted glass for energy efficiency purposes may be used. Window tints shall be grey, blue, or bronze. Mirrored glass is prohibited. Window signage is strongly discouraged. (See Example 6.)

Signs. Along exterior roadways ground signs or shopping center signs in conformance with Article VII, Sign Regulations are permitted. Signs along interior roadways and driveways may only be located on buildings and will be planned for as part of the building's overall design and should integrate similar or complementary materials as the building, be harmonious in color, with controlled lighting and must include information to indicate the type, size, and location of all signage in compliance with Article VII of this Chapter. (See Example 7.) Window and accessory signage as regulated in Article VII, Sign Regulations is also permitted.

(1)

Corporate logos may be incorporated into a sign so long as the sign is compliant with the provisions Article VII, Sign Regulations of this Chapter and is an integrated element of the building design and facade.

(2)

Signs, other than those indicating entry or exit locations, shall not be located on parking structures or within parking lots except for instances where parking structures contain ground floor retail uses.

(3)

Billboards are not permitted on any property within the WROA District.

(4)

Electronic message centers as defined in Article VII, Sign Regulations, Section 26-33, Design And Location Standards are permitted in the WROA only upon the issuance of a conditional use permit by the Board of Aldermen pursuant to Section 26-11, Conditional Use Permit, of this Chapter. In reviewing such applications for a conditional use permit, the Board of Aldermen shall determine whether the proposed electronic message center will meet all applicable criteria in Subsections A, B.2, and F of Section 26-11. Existing electronic message centers located within the WROA which were approved prior to the effective date of this Code section are allowed to continue to operate until such time as the sign becomes non-operational, is removed, is repaired or refurbished, or is substantially modified. Once such electronic message center becomes non-operational, is removed, is repaired or is substantially modified, a conditional use permit shall be obtained prior to returning such electronic message center to use. However, any existing sign may not be enlarged or otherwise altered to the extent that it is no longer compliant with the provisions of Article VII, Sign Regulations, Section 26-33, Standards And Requirements By Sign Type, Subsection D.8, Electronic Message Centers Or Displays.

Site Design. New developments are required to match or complement surrounding new developments and landscapes to create a building and site design which follows the standards of this Chapter and adds positively to the overall WROA environment. Where applicable and appropriate site design should provide:

Outdoor seating at work places and restaurants that is:

(1)

Situated to provide a pleasant environment for users that is not adjacent to parked automobiles or other environmental detriments;

(2)

Located so as not to block or constrict entry and exit doors or impede pedestrian or bicycle movements; and

(3)

Not located within the ten-foot shared sidewalk and bikeway on either side of Watson Road.

Access to adjacent sidewalks or bikeways with a paved, ADA-accessible pathway of not less than six (6) feet in width from building entries and that is clearly delineated through parking areas or structures via changes in paving materials, texture, and/or color. Pedestrian easements and connections of appropriate width that can connect to other uses within the area shall also be provided where possible and appropriate with adjacent landscaping and lighting particularly where such connections are between buildings. (See Example 8.)

To encourage and promote biking to and from the WROA, bike racks shall be provided at appropriate locations at any building.

Elements such as plazas or large patio areas that can be used for occasional entertainment events (subject to any required approvals in accord with the Crestwood Municipal Code) and promote social interaction in pleasant environments.

Signage for wayfinding both within a development and the area overall that is of clear and consistent design.

Public art of appropriate type and scale that can help to create an identity for the WROA.

Building placement. Building placement must comply with the following standards:

(1)

The main facade of a building must be oriented to face the principal street on which it has frontage.

(2)

Buildings on corner lots must be oriented so that the main facade is giving equal treatment to each street on which it has frontage. Also, these buildings should include a prominent architectural feature of greater height than the rest of the roof, or emphasis at the corner where the two (2) public streets meet.

Utilities serving a site and the on-site structures must be located in underground easements that can serve multiple properties.

(Reserved)

Landscaping: The landscaping requirements shall be as established by Article V, Site And Landscape Design Standards, Section 26-21, Landscape Design Standards, of this Chapter. In addition, the following requirements shall apply to all landscape plans:

(1)

A landscape plan sealed by a landscape architect registered in Missouri shall be submitted in conjunction with the development or site plan.

(2)

A landscape plan shall be drawn to scale, include dimensions and distances, and clearly delineate all existing and proposed vehicular movement and parking, and the location, size, and description of all landscaping materials. All easements, transition buffer areas and setback areas shall be labeled and dimensioned. Outdoor furniture and fixtures for commercial and mixed-use development are encouraged and shall be considered part of the landscaping plan and identified on the landscape plan. The landscape plan must include an irrigation plan.

(3)

The property owner or designated agent shall be responsible for the maintenance, repair, and replacement of all landscaping materials. All plant material and landscaped bed areas shall be tended and maintained in a healthy growing condition, free from refuse, debris and weeds.

Lighting. Proper layout, height, fixture selection, and lighting level shall be incorporated as part of the site design requirements. (See Examples 9 and 10.)

(1)

Site lighting shall use LED bulb technology of low-intensity from a concealed source, shall be of a clear white or amber light that does not distort colors, and shall not spill over onto adjoining properties, highways, or in any way interfere with the vision of oncoming motorists. Lighting fixtures shall be of a directional type capable of shielding the light source from direct view. The development plan or site plan must show the relationship of fixtures and the light patterns to each other, to the project site, to the unit development, and to the adjacent rights-of-way.

(2)

Fixtures used to accent architectural features, landscaping or art shall be located, aimed, or shielded to minimize light spill into the surrounding environment. Light spill above the roofline shall be prohibited.

(3)

Architectural lighting shall be recessed under roof overhangs or generated from a concealed source, low-level light fixture(s). Roof lights, lighted roof panels, and other methods of illuminating buildings are deemed inappropriate and are not allowed.

(4)

Decorative, low-level intensity, non-concealed source lighting that defines on-site vehicular and/or pedestrian ways are acceptable.

(5)

The lighting plan shall not conflict with the landscape plan, and the two (2) shall be submitted simultaneously for review.

Parking And Access. Developments which, in the opinion of the Planning Commission and/or the Director of Public Works during site plan review, might generate a significant increase in traffic, vehicular turning movements, or alteration of traffic patterns, will require a traffic study by a traffic engineer to be reviewed by City staff. Site layout and design must address the needs of motorists, pedestrians, bicycles, and other forms of transportation. Access and safety on the site should be ensured for all users. In addition to the parking requirements established in Article VI, Access And Parking, Section 26-25 (Intent and applicability) through Section 26-30, Alternative Parking Plans, the following will be required:

Major internal circulation roadways must be separated from parking areas using curb and gutter, landscaping, pedestrian walkways, and lighting.

Separated cross access for automobiles and pedestrians in parking lots is required. Cross access for pedestrians shall consist of a dissimilar material from the parking lot.

Pedestrian cross access within parking lots shall connect to sidewalks, bike paths, and/or multi-use paths within the public rights-of-way.

Loading and service areas should be located away from street edge and public circulation patterns.

Shared off-street parking for different categories of uses. In order to minimize stormwater runoff through minimizing paved surfaces, development in the WROA should encourage situations where shared parking might be appropriate. To encourage this concept and subject to site plan review by the Planning Commission and written authorization of the City Planner, business establishments may submit an alternate parking plan in conjunction with the provisions of Article VI, Access And Parking, Section 26-30, Alternative Parking Plans, of this Chapter. The reduction in parking quantities allowed through shared parking shall be determined as a percentage of the minimum parking requirement as stated in Article VI, Access And Parking, Section 26-27 (Design requirements), of this Chapter and the requirements for alternative parking plans of Section 26-30.

Clearance Of Existing Improvements. Properties within the WROA that are cleared for future redevelopment and are not subject to an approved site plan in accord with the provisions of Section 26-12B (Major site plan and design review) or § 26-10 (Planned development) above must have properly issued demolition and grading permits requiring all building and site improvements to be removed as part of the site clearance. In addition, the site must be properly graded and seeded with grass within 60 days of the completion of the grading or within a time period specified by the permit (permits) in consideration of the time of the year. Proper maintenance of the cleared site will be required in accord with the property maintenance provisions of the Municipal Code.

§ 26-19 Non-Conforming Situations.

[R.O. 1985 § 26-19; 1-12-2021 by Ord. No. 5119]

Purpose And Intent. The general policy of the City is to allow uses, buildings, and lots that were created legally and in conformance with then-applicable requirements, but that do not conform to the current applicable requirements of these regulations to continue. However, it is also the policy of the City to bring such uses, buildings, and lots into conformance with current regulations as is reasonably practical. Non-conformities are not to be expanded, and they should be abolished or become conforming as quickly as the fair interest to the parties will permit. The intent of this Section is to balance the interests of property owners in past investments, discourage investment that expands or reinforces non-conforming situations, and promote investment consistent with the Comprehensive Plan and these regulations.

Scope Of Provisions. The provisions of this Section shall apply to all non-conforming uses, lands, and structures. A non-conforming land use or structure is one which existed lawfully whether by variance or otherwise, on the date this Chapter or article or any amendment thereto became effective, and which fails to conform to one (1) or more of the applicable regulations of this Chapter or such amendment thereto. Such non-conformities may be incompatible with and detrimental to permitted land uses and structures in the zoning districts in which they are situated; they inhibit present and future development of nearby properties; and they confer upon their owners and users a position of unfair advantage.

Non-Conforming Uses Of Lots. Where, on the date of adoption or amendment of this Chapter, a lawful use of a parcel or lot exists that is no longer permissible under the provisions of this Chapter or amendment thereto, such principal use may be continued so long as it remains otherwise lawful subject to the following provisions:

Enlargement. No such non-conforming use of a parcel or lot shall be enlarged, expanded, or extended to occupy a greater area of land than was occupied on the date of adoption or amendment of this Chapter and no additional accessory use, building, or structure shall be established thereon.

Relocation. No such non-conforming use of a parcel or lot shall be moved in whole or in part to any other portion of such parcel or lot not so occupied on the date of adoption of this Chapter or amendment thereto or to a parcel or lot not in conformance with this Chapter.

Discontinuance. If such non-conforming use of a parcel or lot ceases for any reason for a period of more than 180 consecutive days (except where government action causes such cessation) the subsequent use of such parcel or lot shall conform to the regulations and provisions set by this Chapter for the district in which such parcel or lot is located.

Non-Conforming Buildings And Structures. Where, on the date of adoption or amendment of this Chapter, a lawful building or structure exists that could not be built under the regulations of this Chapter or amendment thereto by reason of restrictions upon lot area, lot width, lot coverage, height, open spaces, off-street parking, loading spaces and setbacks, or other characteristics, such building or structure may be continued so long as it remains otherwise lawful subject to the following provisions:

Enlargement. Such building or structure may be enlarged, expanded, extended, or altered only if non-conformity is removed.

Damage. Should any such building or structure be damaged by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of damage, it shall not be reconstructed except in conformity with the provisions of this Chapter.

Relocation. Should any such building or structure be moved for any reason for any distance, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

Repairs And Maintenance.

Nothing in this Chapter shall be deemed to prohibit the restoration of any structure and its use where such structure has been damaged by any means out of the control of the owner to an extent less than fifty percent (50%) of its replacement value (excluding the value of the land, the cost of preparation of land, and the value of any foundation adaptable to a conforming use) at the time of damage, provided that the restoration of such structure and its use in no way increases any former non-conformity, and provided further that restoration of such structure is begun within 180 days of such damage and diligently prosecuted to completion within two (2) years following such damage.

Whenever such structure has been damaged to an extent of more than fifty percent (50%) of its replacement value (excluding the value of the land, the cost of preparation of land and the value of any foundation adaptable to a conforming use) at the time of damage, as determined by the Director of Public Services, or by any means within the control of the owner to any extent whatsoever, the structure shall not be restored except in full conformity with all regulations of the district in which such structure is situated.

When a structure is determined to be in violation of any applicable health or safety code by the Director of Public Works under any applicable ordinance of the City and the cost of placing the structure in condition to satisfy the standards under such ordinance shall exceed fifty percent (50%) of the reconstruction cost of the entire structure, such non-conforming structure shall not be restored for the purpose of continuing a non-conforming use.

None of the restrictions contained in this Section shall limit the authority of the Board of Zoning Adjustment to grant relief for reconstruction of a non-conforming structure, as provided in Article I (General Provisions), Section 26-3 (Administration and review bodies) Subsection D (Board of Adjustment).

Change Of Tenancy Or Ownership. Provided that there is no change in the nature or character, extent or intensity of such non-conforming use, building, or structure, other than signage, there may be a change of tenancy, ownership, or management of an existing non-conforming use, building, or structure.

Completion Of Pending Construction And Building Permits. To avoid undue hardships, nothing in this Chapter shall be deemed to require a change in plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Chapter and upon which actual building construction has been carried on diligently. Nothing herein contained shall require any change in the site plan or designated use of a building for which a building permit had been heretofore issued or plans or final subdivision plats which have been approved by the City at the time of the passage of this Chapter or amendment, provided that actual construction is begun within 180 days of such permit issuance of approval thereto.

Conditional Uses. Any use existing at the time of adoption or amendment to this Chapter and which is permitted as a conditional use in a district under the terms of this Chapter or amendment thereto shall be deemed a conforming use in such district and shall without further action be considered a conforming use.

Non-Conforming Lots Of Record. If through dedication of street right-of-way, the area of any lot or parcel already established via the provisions of the subdivision regulations is decreased below the minimum area required in the applicable zoning district, development rights shall not be denied.

Existence Of Non-Conforming Use.

A non-conformity shall not be deemed to have existed on the date this Chapter or any amendment thereto became effective; unless:

It was in being on a continuous basis and to its fullest extent on such date.

If such non-conformity is a use, such use had not been abandoned.

In cases of doubt, and on specific questions raised, whether a non-conforming use exists shall be a question of fact and shall be decided by the Board of Aldermen after notice, a public hearing, and receipt of a report and recommendation of the Planning Commission.

Non-Conformity As Basis For Variance. The existence of any present non-conformity anywhere in the City shall not itself be considered grounds for the issuance of a variance for other property.

Eventual Removal Or Correction Of Non-Conforming Use. Within five (5) years of the date of the adoption of this Chapter or the date of adoption of any applicable amendments to this Chapter, any use which is or becomes a non-conforming use shall be brought into conformance with the environmental performance standards established in Article VIII (Supplemental Standards), Section 26-38 (Environmental performance standards). Any use listed in this Subsection need not be discontinued in the event that the adoption of this Chapter or amendments to this Chapter changes the status of such use from that of a non-conforming use to that of a permitted use in the district in which it is located.