[R.O. 2012 § 400.090; CC 1989 § 9-30; Code 1972 § 402.04; Ord. No. 673 § 1, 11-8-1976; Ord. No. 674 § 1, 11-8-1976; Ord. No. 945 § 1, 9-26-1988; Ord. No. 976 § 1, 12-10-1990; Ord. No. 1002 § 5, 6-14-1993; Ord. No. 1029 § 1, 10-23-1995; Ord. No. 1030 § 1, 10-23-1995; Ord. No. 1037 § 2, 2-12-1996; Ord. No. 1067 § 2, 9-9-1998]
A. 
In addition to the other buildings or uses permitted in this Chapter, the following uses shall be permitted in the various districts under the conditions set out in Subsection (A)(3):
1. 
In Any District.
a. 
Any public building erected and used by any department of the City, County, State or Federal Government.
b. 
Hospitals, clinics and institutions, except those that accommodate criminals or persons having contagious or infectious diseases, including uses and structures normally accessory to such hospitals and institutions, provided, however, that:
(1) 
Such buildings and accessory structures shall not be located upon sites containing an area of less than fifteen (15) acres;
(2) 
They may not occupy over ten percent (10%) of the total area of the lot or tract;
(3) 
All buildings, including accessory structures, shall be set back from all required front, side and rear yard lines a distance of not less than two (2) feet for each foot of building height;
(4) 
Off-street parking facilities shall be provided upon the premises adequate to accommodate the cars of employees and visitors.
2. 
In C Commercial Districts.
a. 
Drive-in establishments, such as drive-in confectioners, restaurants, theaters and retail establishments.
b. 
Fruit stands.
c. 
Gasoline and oil filling stations.
d. 
Public garages.
e. 
Gasoline and oil filling stations with accommodation car wash.
f. 
Massage businesses.
g. 
Amusement centers and penny arcades.
h. 
Child-care centers.
i. 
Used vehicle sales but only on a commercial lot of not less than three (3) acres and not less than five hundred (500) feet of roadway frontage.
j. 
All commercial enterprise which is not either defined as merchant or manufacturer by Section 605.020, nor specifically prohibited by Section 400.070.
k. 
Self-service car washes but with a minimum of eight (8) self-service cleaning bays, a roadway frontage of not less than two hundred (200) feet and stacking requirements in accordance with the St. Louis County Highways and Traffic Standard Design Criteria.
l. 
Churches, schools, libraries, museums, parks, playgrounds or community buildings.
3. 
Applications for permits for new construction, extensions or alteration of existing uses and uses previously authorized by this Section with site plan and necessary descriptive material relating to the intensity and extent of use shall be made to the Board of Aldermen, which shall forthwith refer the application to the Planning and Zoning Commission to investigate and report as to the effect of such building or use upon traffic and fire hazards, the character of the neighborhood and the general welfare of the community. Such report and recommendation shall be filed with the Board of Aldermen within sixty (60) days of the day of reference to the Planning and Zoning Commission.
a. 
Upon receipt of the report and recommendations of the Planning and Zoning Commission, the Board of Aldermen shall hold a public hearing in relation to the matter and shall give notice of the time and place thereof by causing a notice thereof to be published at least two (2) times in a newspaper printed or published in the City or if no newspaper is printed or published in the City, then in a newspaper of general circulation in the City. The first publication of such notice shall be at least fifteen (15) days prior to the day of such hearing. After such hearing the Board of Aldermen shall determine whether such building or use will:
(1) 
Substantially increase traffic hazards or congestion.
(2) 
Substantially increase fire hazards.
(3) 
Adversely affect the character of the neighborhood.
(4) 
Adversely affect the general welfare of the community.
(5) 
Overtax public utilities.
b. 
If the findings of the Board of Aldermen are negative as to all the subjects referred to in Subsection (A)(3)(a)(1) – (5), then the application shall be granted; if affirmative as to either subject, then such permit shall be denied.
4. 
Alcohol And Drug Abuse Treatment Facility. Alcohol and drug abuse treatment facilities shall be conditionally permitted in C Commercial Districts.
a. 
Applications for permits for an alcohol and drug abuse treatment facility with site plan and necessary descriptive material relating to the intensity and extent of use shall be made to the Board of Aldermen, which shall forthwith refer the application to the Planning and Zoning Commission to investigate and report as to the effect of such building or use upon traffic and fire hazards, the character of the neighborhood, the general welfare of the community, the exterior appearance and the density of the treatment facility. Such report and recommendations shall be filed with the Board of Aldermen within sixty (60) days of the day of reference to the Planning and Zoning Commission.
b. 
Upon receipt of the report and recommendations of the Planning and Zoning Commission, the Board of Aldermen shall hold a public hearing in relation to the matter and shall give notice of the time and place thereof by causing a notice thereof to be published at least two (2) times in a newspaper printed or published in the City or if no newspaper is printed or published in the City, then in a newspaper of general circulation in the City. The first publication of such notice shall be at least fifteen (15) days prior to the day of such hearing. After such hearing the Board of Aldermen shall determine whether such building or use will:
(1) 
Substantially increase traffic hazards or congestion.
(2) 
Substantially increase fire hazards.
(3) 
Adversely affect the character of the neighborhood.
(4) 
Adversely affect the general welfare of the community.
(5) 
Overtax public utilities.
(6) 
Deviate from the general standards in the area with respect to the exterior appearance of the facility and the property.
(7) 
Deviate from density requirements and other regulations of the City's building code or other ordinances pertaining to the public health, safety and welfare.
c. 
If the findings of the Board of Aldermen are negative as to all the subjects referred to in Subsection (A)(4)(b)(1) – (7) above, then the application shall be granted; if affirmative as to either subject, then such permit shall be denied.
d. 
In addition to the requirements specified above, a treatment facility, whether residential or nonresidential, shall not be permitted within two thousand five hundred (2,500) feet of another alcohol and drug abuse treatment facility or within two thousand five hundred (2,500) feet of residentially zoned property.
[R.O. 2012 § 400.100; CC 1989 § 9-31; Ord. No. 673 § 2, 11-8-1976]
A. 
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
AMUSEMENT CENTER or PENNY ARCADE
Has the meaning provided in Section 605.050.
MASSAGE BUSINESS
Has the meaning provided in Section 615.010.
B. 
Purpose. In addition to the conditions and procedures set forth in Section 400.090, there are some uses which, due to the nature of their operation, are recognized as having serious objectionable operational characteristics, particularly when several of such uses are concentrated in close proximity to each other, thereby having a detrimental effect upon the surrounding area. The additional regulation of these uses is necessary to ensure that the detrimental effects will not contribute to the blighting, downgrading or otherwise diminution of property values of the surrounding neighborhood. The primary purpose of these regulations is to prevent a concentration of these uses in any one (1) area. Uses subject to this Section are massage businesses, amusement centers and penny arcades.
C. 
Location Regulations. Except as otherwise provided under the waiver provisions of this Section, no building or land shall be used for any of the uses set out in this Section if:
1. 
The boundaries of the site of the proposed location are within five hundred (500) feet of a residentially zoned district; or
2. 
There are already in existence two (2) or more such regulated uses within one thousand (1,000) feet of the boundaries of the site of the proposed regulated uses.
D. 
Waiver Provisions. Applications to establish any of the uses regulated in this Section shall be forwarded immediately by the Board of Aldermen to the Planning and Zoning Commission.
1. 
The prohibition against locating any of the above regulated uses within five hundred (500) feet of a residentially zoned district shall be waived upon the presentment to the Planning and Zoning Commission of a validated petition requesting such waiver, signed by a majority of those persons owning property, residing or operating a business establishment within five hundred (500) feet of the nearest property line of the proposed location. Such petition shall be on forms provided by the Planning and Zoning Commission and secured in accordance with rules and regulations governing the procedure for securing the petition of consent adopted by the Commission. The circulator of the petition requesting a waiver shall subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with the Commission's rules, that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the person whose name appeared thereon. The Commission shall not consider the waiver of locational requirements set forth below in this Section until the above-described petition, if required, shall have been filed and verified.
2. 
The Planning and Zoning Commission may waive the one thousand (1,000) foot separation regulation if the following findings are made:
a. 
The proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this Section will be observed.
b. 
The proposed use will not enlarge or encourage the development of a "skid row" area.
c. 
The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood preservation, nor will it interfere with any program of urban renewal.
d. 
All applicable regulations of this Section will be observed.
3. 
Prior to granting such regulated use, the Planning and Zoning Commission shall give due notice of receipt of any application under consideration (notice of application) to all persons to whom any real property within five hundred (500) feet of the premises in question shall be assessed and to the occupants of all single-, two-, three- and four-family buildings and to the managers of all multi-unit buildings over four (4) families (who shall be requested to post such notice in an appropriate location within the multi-unit building) and to all places of business within five hundred (500) feet and to any neighborhood improvement organization known to exist in the area. Such notice shall be delivered personally or by mail addressed to the respective owners and if the tenant's name is not known, the term "occupant" may be used.
4. 
The notice of application shall inform the recipient of the applicant's name, the applicant's proposal, the local address and the lot number and subdivision name of the premises in question and the Section of this Chapter under which the proposal is being processed. Such notice shall also invite the expression of comments, statements or opinions to the Planning and Zoning Commission in writing, in person or via telephone within a time period expiring not less than fourteen (14) calendar days from the mailing date of such notice.
5. 
Subsequent to the deadline for response to the notice of application, a decision shall be made by the Planning and Zoning Commission (taking into consideration the comments, statements and opinions expressed) to approve, approve with conditions or deny the proposal in accordance with the standards set forth in this Section and such report and recommendation shall be forwarded to the Board of Aldermen.
6. 
Upon receipt of the report and recommendations of the Planning and Zoning Commission, the Board of Aldermen shall hold a public hearing in relation to the application and shall give notice of the time and place thereof by causing a notice thereof to be published at least two (2) times in a newspaper printed or published in the City and if no newspaper is printed or published in the City, then in a newspaper of general circulation in the City. The first publication of such notice shall be at least fifteen (15) days prior to the day of such hearing. After such hearing, the Board of Aldermen shall determine whether such application shall be granted.
[Ord. No. OR-6-2019, 7-8-2019]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
MARIJUANA or MARIHUANA
Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the plant and marijuana-infused products. "Marijuana" or "Marihuana" do not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths (0.3%) of one percent (1%) on a dry weight basis, or commodities or products manufactured from industrial hemp.
MARIJUANA-INFUSED PRODUCTS
Products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures, and concentrates.
MEDICAL MARIJUANA FACILITY
A facility licensed by the State of Missouri including the following:
1. 
MEDICAL MARIJUANA CULTIVATION FACILITYA facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a medical marijuana dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.
2. 
MEDICAL MARIJUANA DISPENSARY FACILITYA facility licensed by the State of Missouri to acquire, store, sell, transport and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana as provided by the State of Missouri to a Qualifying Patient, a Primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused products manufacturing facility.
3. 
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITYA facility licensed by the State of Missouri to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or to another medical marijuana-infused products manufacturing facility.
4. 
MEDICAL MARIJUANA TESTING FACILITYA facility certified by the State of Missouri to acquire, test, certify, and transport marijuana.
B. 
Whether considered permitted or special uses, all medical marijuana sites, facilities, and activities shall be subject to the following regulations. Said regulations shall apply to medical marijuana cultivation, medical marijuana dispensary, medical marijuana-infused products and medical marijuana testing as defined by state-licensing requirements and this Section:
1. 
Such facility shall be initially located a minimum of two hundred (200) feet from a public school, day-care center, or public park. Said distance shall be measured according to the published regulations issued by the State of Missouri.
2. 
Such facility shall be located a minimum one thousand (1,000) feet from another medical marijuana facility of the same type. Said distance shall be measured according to the published regulations issued by the State of Missouri. This section shall not prohibit one facility from holding multiple licenses.
3. 
The hours of operation of a medical marijuana dispensary facility shall be permitted between 8:00 A.M. and 1:00 A.M. daily.
4. 
Operations of cultivation, dispensing, manufacturing and testing facilities must be conducted entirely within an enclosed building, and consumption or smoking of marijuana products shall be prohibited on such premises.
[R.O. 2012 § 400.110; CC 1989 § 9-32; Ord. No. 765 § 1, 4-9-1979; Ord. No. 947 § 1, 11-14-1988; Ord. No. 957 § 1, 6-26-1989; Ord. No. 960 § 1, 9-11-1989; Ord. No. 1112 § 1, 10-28-2002]
A. 
Definition. As used in this Section, the following term shall have this prescribed meaning:
MOTOR VEHICLE
Includes, but is not necessarily limited to, motor vehicles, trucks, recreational vehicles, motorcycles, motorbikes or other self-propelled instrumentalities.
B. 
Prohibitions. It shall be unlawful for any person to park, place or store any motor vehicle, boat, trailer, camper or like instrumentality on any lot zoned A, B-1 or B-2 residential under one (1) or more of the following circumstances:
1. 
If said instrumentality shall be on skids, jacks or any other device that will make said instrumentality immobile or inoperable, except for emergency repair; or
2. 
If said instrumentality is not properly licensed; or
3. 
If said instrumentality exceeds nine and one-half (9 1/2) feet in height or twenty-seven (27) feet in total length, unless said motor vehicle is a recreational vehicle; or
4. 
If said instrumentality exceeds twelve thousand (12,000) pounds gross weight, unless said motor vehicle is a recreational vehicle; or
5. 
If said instrumentality contains any materials in an open storage or carrying compartment. including, but not limited to, debris, trash, refuse, solid waste, tools, equipment and like items; or
6. 
If said instrumentality contains substantial debris, trash, refuse or solid waste, whether or not said items are covered or enclosed.
C. 
Exceptions.
1. 
Parking shall be permitted on residential property for a motor vehicle or trailer containing tools, equipment and the like, if said items are completely covered by either a continuous tarpaulin, camper shell or other similar device.
2. 
Any commercial vehicle, regardless of gross vehicle weight, height or length, may park in a residential zone for the limited purpose of delivering or picking up of merchandise or for the performance of construction or repairs. This exception shall be limited to the period of time during which said services are actually being performed or a reasonable period of time, whichever occurs first.
D. 
Parking Surfaces. Any motor vehicle, boat, trailer, camper or like instrumentality otherwise properly parked on residential property in front of the building line must be on a parking area paved with concrete or asphalt and said parking areas shall have a minimum width of eight (8) feet, a minimum length of twenty (20) feet and a means of ingress and egress from such parking area to an existing paved surface. Driveways and parking areas in front of the building line shall be constructed of either four-inch poured concrete or four-inch crushed rock with a two-inch asphalt layer. Any motor vehicle, boat, trailer, camper or like instrumentality otherwise properly parked on residential property behind the building line must be on a parking area paved with concrete, asphalt or any other hard surface designed for parking.
E. 
Concealed, Covered Vehicles. If any motor vehicles, boat, trailer, camper or like instrumentality is covered with a vehicle cover, tarpaulin or similar device or no license is visible from the public roadway, the homeowner shall be required to show proof the instrumentality is properly licensed.
F. 
Fines. The minimum fine for violating any provision of this Section shall be as set out in Section 400.250 of this Chapter.
[R.O. 2012 § 400.120; CC 1989 § 9-33; Code 1972 § 402.05A]
A. 
The Board of Aldermen may, by special permit and in its discretion, authorize under such conditions as it may determine the location of parking lots for use by the public on non-commercially zoned property when such proposed parking area is to be located on property adjacent to, and to be used in connection with, businesses and other enterprises located on commercially zoned property.
B. 
Any special permit issued pursuant to the provisions of this Section may be revoked by the Board of Aldermen when it shall be determined by such body that the use of the property for the purpose of which a special permit was previously issued has ceased.
[R.O. 2012 § 400.130; CC 1989 § 9-34; Code 1972 § 402.06]
A. 
The lawful use of land existing at the time of the passage of Ord. No. 30, adopted February 11, 1952, although such use does not conform to the provisions of this Chapter may be continued, but if such non-conforming use is discontinued, any future use of the premises shall be in conformity with the provisions of this Chapter.
B. 
The lawful use of a building existing at the time of the passage of Ord. No. 30, adopted February 11, 1952, may be continued although such use does not conform to the provisions hereof and such use may be extended throughout the building, provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restrictive classification.
C. 
Subsections (A) and (B) shall also apply to non-conforming uses in districts hereafter changed.
D. 
Nothing in this Chapter shall be taken to prevent the restoration of a building destroyed to the extent of not more than seventy-five percent (75%) of its reasonable value by fire, explosion or other casualty or act of God or the public enemy, nor the continued occupancy or use of such building or part which existed at the time of such partial destruction.
E. 
The Board of Adjustment will have the power and it shall be its duty:
1. 
To permit a temporary building in District A or B when such temporary building is incidental to the residential developments, such permit to be used for not more than one (1) year.
2. 
To permit the erection or extensions of use of a building or the use of premises in any location for a public service corporation for public utility purposes which is clearly necessary for the public convenience or welfare.
[R.O. 2012 § 400.140; CC 1989 §§ 9.35 – 9.37; Code 1972 §§ 402.07, 402.071, 405.08; Ord. No. 1008 § 1, 8-23-1993]
A. 
Districts A And B-1. In an A and B-1 single-family districts, the height of buildings, the minimum dimensions of yards and the minimum area per family shall be as follows:
1. 
No building hereafter erected or structurally altered shall exceed one and one-half (1 1/2) stories or twenty-five (25) feet.
2. 
There shall be a rear yard having a depth of not less than twenty percent (20%) of the depth of the lot, provided such rear yard need not exceed twenty-five (25) feet.
3. 
On interior lots there shall be on each side of a building a side yard having a width of not less than ten percent (10%) of the width of the lot, but not less than five (5) feet between the side of the building and the lot line; provided, however, such side yards need not exceed a width of six (6) feet.
4. 
On corner lots the side yard regulations shall be the same as for interior lots except in the case of reversed frontage where the corner lot faces an intersecting street. In this case, there shall be a yard on the street side of the corner lot of not less than fifty percent (50%) of the front yard required on the lots in the rear of such corner lot and no accessory building on such corner lot shall project beyond the front yard of the lots in the rear; provided, however, that this regulation shall not be so interpreted as to reduce the buildable width, after providing the required interior side yard, of a corner lot facing an intersecting street and of record at the time of adoption of the Zoning Code to less than twenty-eight (28) feet, nor to prohibit the erection of accessory buildings where this regulation cannot be reasonably complied with.
5. 
There shall be a front yard of not less than thirty (30) feet to the front line of the building and not less than twenty (20) feet to the front line of a porch or paved terrace; provided, however, that:
a. 
Where lots comprising forty percent (40%) or more of the frontage along one (1) side of a street between two (2) intersecting streets are developed with buildings having an average front yard with a variation of not more than six (6) feet, this line may be observed, provided that no building hereafter erected or structurally altered shall project beyond the average front yard line so established; provided further, that this regulation shall not be interpreted as to require a front yard of more than fifty (50) feet.
b. 
When the building line shown on the plot of record is less than thirty (30) feet, this line may be observed, provided observance thereof does not conflict with Subsection (A)(5)(a) above.
6. 
In the A single-family district, every dwelling erected or structurally altered shall provide a lot area of not less than nine thousand (9,000) square feet per family and every lot shall have a minimum width of seventy-five (75) feet.
7. 
In the B-1 single-family district, every dwelling erected or structurally altered shall provide a lot area of not less than seven thousand five hundred (7,500) square feet per family and the minimum lot width shall be the same as required in the A single-family district; provided, however, that in the B-1 single-family district, where sewage disposal is by means of a system providing for the physical removal of sewage from the premises (as distinguished from a means disposing of sewage on a permanent or semi-permanent basis upon the premises themselves, e.g., by an individual drainage bed in connection with a septic tank), the lot area shall be not less than six thousand five hundred (6,500) square feet and the minimum lot width sixty (60) feet.
8. 
Where a lot has less area, frontage or depth than herein required and was of record at the time of passage of Ord. No. 30, adopted February 11, 1952, such lot may be occupied by not more than one (1) family.
9. 
No utility building shall be constructed or placed less than five (5) feet from the back property line or less than three (3) feet of the side property line up to the back building line.
B. 
District "B-2."
1. 
The area regulations applicable to District B-1 shall be applicable under this Section except that in the case of multiple dwellings the lot area shall not be less than three thousand (3,000) square feet per family.
2. 
No building erected or structurally altered shall exceed two (2) stories or thirty-five (35) feet in height.
C. 
District C. In the C local commercial district, the height of buildings and the minimum dimensions of yards shall be as follows:
1. 
No building erected or structurally altered shall exceed two (2) stories or thirty-five (35) feet.
2. 
There shall be a rear yard having a depth of not less than twenty percent (20%) of the depth of the lot, provided such rear yard need not exceed twenty-five (25) feet.
3. 
Where a lot abuts the side of a lot zoned for dwelling purposes, there shall be a side yard of not less than five (5) feet. Where a reversed corner lot rears upon a lot zoned for dwelling purposes, the side yard on the street side of the reversed corner lot shall be the same as required in the A single-family dwelling district. In other cases, a side yard for a business building shall not be required, but if provided, it shall be not less than three (3) feet.
4. 
There shall be a front yard of not less than thirty (30) feet to the front line of any structure.
5. 
Where a lot has less area, frontage or depth than herein required and was of record at the time of the passage of Ord. No. 30, adopted February 11, 1952, such lot may be occupied by not more than one (1) family.
6. 
All commercial buildings for retail purposes having a floor area in excess of two thousand (2,000) square feet devoted to business shall provide off-street parking space for motor vehicles in the ratio of one (1) car space for every three hundred (300) square feet of floor area or fraction thereof of such excess area.
[R.O. 2012 § 400.150; CC 1989 § 9-38; Code 1972 § 402.09]
A. 
The requirements in this Article on the height and area in districts shall be subject to the following exceptions and regulations:
1. 
Height.
a. 
In the thirty-five-foot height district, commercial public or semi-public buildings, hospitals, sanitariums or schools may be erected to a height not exceeding fifty-five (55) feet when the front, side and rear yards are increased an additional foot for each foot such buildings exceed thirty-five (35) feet in height.
b. 
Chimneys, towers, scenery lofts, monuments, cupolas, domes, spires, false mansards, parapet walls, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the City.
c. 
On through lots one hundred fifty (150) feet or less in depth, the height of a building may be measured from the curb level on either street. On through lots more than one hundred fifty (150) feet in depth, the height regulations and basis of height measurements for the street permitting the greater height shall apply to a depth of not more than one hundred fifty (150) feet from that street.
2. 
Area.
a. 
Unless otherwise required, the side yard requirements for dwellings shall be waived where dwellings are erected above stores.
b. 
In computing the depth of a rear yard for any building where such yard opens onto an alley, one-half (1/2) of such alley may be assumed to be a portion of the rear yard.
c. 
An accessory building not exceeding twelve (12) feet in height may occupy not more than thirty percent (30%) of a required rear yard. There shall, however, be a minimum of ten percent (10%) of the width of the lot between such building and the nearest side lot line, provided that such distance need not exceed three (3) feet. No garage shall be closer than five (5) feet to an alley line or three (3) feet to any rear lot line.
d. 
Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except the ordinary projection of sills, belt courses, buttresses, ornamental features and eaves; provided, however, that none of such projections shall extend into a court more than six (6) inches nor into a minimum side yard more than twenty-four (24) inches.
e. 
Open or enclosed fire escapes, fireproof outside stairways and balconies projecting into a yard or court not more than three and one-half (3 1/2) feet and the ordinary projections of chimneys and flues may be permitted by the Building Inspector where same are so placed as not to obstruct the light and ventilation.
f. 
On such streets as the Board of Aldermen shall designate as being proposed for widening, either by reason of proposed through or arterial highways or for any other reason, all front yard lines, building or setback lines shall, after such designation, be based upon the proposed widened right-of-way for such street. Such setback lines shall in no case be less than that specified by this Chapter for the respective districts in which the property lies, irrespective of building lines established by the original plat of such property.
[R.O. 2012 § 400.160; CC 1989 § 9-39; Ord. No. 850 § 1, 2-8-1982; Ord. No. 994 § 1, 11-23-1992]
A. 
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
BUS
A motor vehicle designed primarily for the transportation of a driver and eight (8) or more passengers, but not including shuttle buses.
COMMERCIAL MOTOR VEHICLE
A motor vehicle designed or regularly used for carrying freight and merchandise or more than eight (8) passengers, but not including vanpools or shuttle buses.
RECREATIONAL MOTOR VEHICLE
Any motor vehicle designed, constructed or substantially modified so that it may be used and is used for the purpose of temporary housing quarters, including therein sleeping and eating facilities which are either permanently attached to the motor vehicle or attached to a unit which is securely attached to the motor vehicle. Nothing herein shall prevent any motor vehicle being registered as a commercial motor vehicle if the motor vehicle could otherwise be so registered.
TRACTOR, TRUCK TRACTOR or TRUCK-TRAILER
A self-propelled motor vehicle designed for drawing other vehicles, but not for the carriage of any load when operating independently. When attached to a semi-trailer, it supports a part of the weight thereof.
TRAILER
Any vehicle without motive power designed for carrying property or passengers on its own structure or being drawn by self-propelled vehicle, except those running exclusively on tracks, including a semi-trailer or vehicle of the trailer type so designed and used in conjunction with a self-propelled vehicle that a considerable part of its own weight rests upon and is carried by the towing vehicle. The term "trailer" shall not include cotton trailers as defined in this Section and shall not include manufactured homes as defined in Section 700.010.
TRUCK
A motor vehicle designed, used or maintained for the transportation of property.
VANPOOL
Any van or other motor vehicle used or maintained by any person, group, firm, corporation, association, City, County or State agency or any member thereof for the transportation of not less than eight (8) nor more than fifteen (15) employees per motor vehicle to and from their place of employment for no monetary property.
VEHICLE
Any mechanical device on wheels, designed primarily for use, or used, on highways, except motorized bicycles, electric bicycles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, or cotton trailers or motorized wheelchairs operated by handicapped persons.
B. 
Prohibited Parking. It shall be unlawful to park or permit to park a bus, truck, tractor, truck-tractor, trailer, truck-trailer, motor vehicle, recreational motor vehicle or vanpool on any property located within the C or C-2 zoning district of the City or upon any property which is a non-conforming use or upon any property zoned otherwise but subject to an additional use permit; unless such instrumentality is parked behind the rear building line and is not protruding past the side building line. Aforementioned instrumentalities will be allowed to park in front of the rear building line for delivery or pickup services only. Overnight parking of such instrumentalities will be prohibited. Any exceptions to the regulations must be approved by the City Administrator.
C. 
Violations Generally. Upon information that a vehicle may be parked in violation of this Section, a summons shall be issued by the Police Department to the owner or person in possession or control of the vehicle and also a summons to the owner or lessee of the property summoning them to appear before the Municipal Court for violation of this Section. In addition, the Chief of Police shall cause a notice to be conspicuously affixed to the vehicle and also mailed to the owner and/or person in possession of or in charge of the vehicle for a hearing to be held by the Chief of Police to determine whether or not the vehicle should be towed and stored at the expense of the owner thereof. The notice shall be mailed immediately and the hearing shall be held after not less than ten (10) days' notice.
D. 
Form Of Notice. The written notice to the owner and/or person in possession of or in charge of such vehicle shall be in substantially the following form:
"NOTICE OF HEARING TO HAVE MOTOR VEHICLE TOWED AND STORED"
To: (Name and address of person)
Re: (Description of vehicle)
You are hereby notified that the above vehicle has been found parked on the following property (address of location) in violation of Section 400.160 of the Municipal Code of the City of Dellwood and that a hearing will be held before the Chief of Police at the hour of _____ .m. on the __________ day of __________, 20 _____, at the Dellwood City Hall, 1415 Chambers Road, St. Louis, Missouri 63135, at which time and place you may appear and show cause, if any you have, why such vehicle should not be towed and stored.
You are further notified that if the Chief of Police finds that this vehicle is parked in violation of Section 400.160, an order will be entered to tow such vehicle and store same, all at your expense.
[Ord. No. OR-07-2022]
A. 
The City hereby establishes a limitation on rental housing within City neighborhoods. All areas/neighborhoods within the City zoned for "residential dwelling" shall have no more than thirty percent (30%), rounded up, of the lots on any block eligible to receive a certification or annual rental license as a rental property.
B. 
Webster Third New International Dictionary of the English Language shall be considered as providing ordinary accepted meanings of words and terms used throughout this Chapter. Where terms are not explicitly defined, they shall reference this source or apply the ordinary meanings within the context in which the word or term is used.
C. 
Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.
The following terms are explicitly defined for this Chapter:
BLOCK
A group of properties bounded entirely by streets, public land, railroad, rights-of-way, zoning district lines, corporate limit lines, or physical features such as rivers, ponds, or lakes, provided that final delineation of a block shall be made by City staff.
DWELLING
A building wholly or partly used or intended to be used for living, sleeping, cooking or eating purposes by human occupants, but not including hotels and motels.
DWELLING UNIT
A room or a group of rooms located within a dwelling or forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating, purposes.
HABITABLE ROOM
A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closets compartments, laundries, pantries, foyers, or communicating corridors, closets, and storage spaces.
HOT WATER
Water supplied to plumbing fixtures at a temperature of not less than one hundred twenty degrees Fahrenheit (120° F.), forty-nine degrees Celsius (49° C.).
INFESTATION
The presence of insects, rodents, or other pests within or around the dwelling on the premises.
LET
To give the use of a dwelling unit or rooming unit by an owner or manager to a tenant in return for rent.
OCCUPANCY PERMIT
Issued by the City to establish that the property is suitable for habitation by meeting health, safety, and welfare standards.
OCCUPANT
One (1) or more persons occupying and maintaining a common household in a single dwelling unit.
OWNER
A person, firm or corporation who alone, jointly or severally with others owns or has an ownership interest in a dwelling unit or rooming unit within the City.
RENT
A stated return or payment for the temporary possession of a dwelling unit or rooming unit. The return or payment may be money or service or property.
D. 
When determining the number of eligible properties on a block the number shall be the lowest number that results in thirty percent (30%) or more of the residential lots being rental. In cases in which one (1) portion of the block is in an affected zone and another is in an exempt zone, only the affected portion is subject to this regulation.
E. 
Property located outside of the residential dwelling zones are exempt from this Chapter. In addition to this exemption, a property owner whose property is subject to the thirty-percent limitation may obtain a temporary rental license for his or her property for a period of time not exceeding twelve (12) consecutive months under the following conditions:
1. 
The property is actively being offered for sale to the public by the owner or by any authorized agent of the owner during the license term.
2. 
The property shall be temporarily licensed for rental purposes only if the property complies with all applicable City rental housing requirements.
3. 
The property shall be licensed only for one (1) of the following: one (1) adult living alone or two (2) unrelated adults living together with any dependents by birth, adoption or law, or any number of person related by blood, marriage, adoption, or law.
4. 
The temporary, rental housing license shall terminate immediately upon the closing of a sale of the property to a purchaser or at the end of the license term, whichever event first occurs.
5. 
A copy of the lease agreement shall be deposited with the City Public Works Inspections Division within one (1) week from the date of the execution of the lease and before an occupancy permit will be issued.
F. 
This Chapter shall also not apply to rental properties which are already in place as of the date of adoption of same. However, the exempted properties will be counted among the thirty percent (30%) of allowable rental houses for purposes of determining whether new licenses may be issued.