The regulations contained in this article are the regulations in the C-1 commercial district. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this ordinance and which are incorporated as part of this article by reference.

(Ord. No. 08-27, § 1, 7-28-08)

(1)

A building or premises shall be used only for the following purposes:

(1)

Park, playground and community buildings owned or operated by any department of the city, county, state or federal government.

(2)

Public elementary, middle and high schools, and private educational institutions of a similar character and having a curriculum the same as ordinarily given in public schools.

(3)

Buildings for religious worship and customary accessory uses but excluding facilities for the burial, storage, entombment or other internment of human remains.

(4)

Outdoor athletic fields owned and operated by a government or a not for profit entity

(5)

Bakery for the production and sale at wholesale and retail of bakery goods provided that no less than 25% of the gross floor area of the space is utilized exclusively for retail sales on the premises.

(6)

Barbershop, beauty, nail or tanning salon and similar personal grooming and hygiene uses but not including public baths, tattooing, body piercing, massages or similar uses.

(7)

Massage therapist providing the business produces proof of education and state licensing for all employed practitioners.

(8)

Gym, exercise, fitness, dance and martial arts and similar facilities, both public and private, offering facilities, equipment and classes for exercise, training, skill enhancement, fitness, weight loss, and similar uses.

(9)

Dressmaking, millinery, drapery, sewing, alterations and /or tailoring shop (employing not more than five persons).

(10)

Retail dyeing, dry cleaning or laundry shops provided that not more than five employees shall be engaged at any time on the premises in any processing use.

(11)

Veterinarian offices, hospitals/clinics for small animals and/or animal grooming, including treatment and consultation rooms and commonly related indoor facilities and equipment but not including outdoor kennels.

(12)

Private clubs and lodges, such as philanthropic, fraternal, civic and social.

(13)

Messenger service, telephone exchange or switching or outdoor telephone booth.

(14)

Nursery, prekindergarten, day care school and play school.

(15)

Business offices.

(16)

Professional offices including consultation and treatment rooms and related indoor facilities and equipment.

(17)

Office and business services such as copying, packaging, mailing, printing, telephone answering, secretarial and similar uses.

(18)

Painting and decorating shop provided at least 25% of the gross floor area is dedicated to retail sales of decorating supplies and materials.

(19)

Store for the sale at retail of live household pets and accessories including pet grooming.

(20)

Photographer, art gallery or artist or other similar studio.

(21)

Parking lots and multiple-level parking facilities as accessory uses to an existing or proposed adjacent use which is allowed by right or by special use exception in the C-1 District on the same property as the primary use or as part of an approved multiple parcel master development in which the parking use is shared by multiple primary uses when conforming to the standards and requirements specified in article XIV and article XV of the zoning ordinance.

(22)

Retail rental self-service laundry shop or laundromat.

(23)

Store for the indoor display and sale of new merchandise, including wholesale and retail sales and including the service and assembly thereof unless otherwise limited, controlled or permitted by the ordinances of the City of Ballwin.

(24)

Store for the sale of used merchandise in conjunction with the sale of new merchandise, provided that the sale of used merchandise:

(1)

is accessory and subordinate to the sale of new merchandise;

(2)

is limited to a maximum of 25 percent of the gross floor area of the store; and

(3)

is limited to 25 percent of the annual gross receipts of such store. The business shall provide proof of compliance with this requirement at the time of the annual business license renewal.

(25)

Warehousing or processing/manufacturing of new merchandise, but only when such use is in the same building as a store where all products warehoused, processed or manufactured are sold at retail on the premises and where there is adequate off-street loading and unloading space for trucks and commercial vehicles; provided not less than 25 percent of the gross floor area shall be used for retail sales. The business shall provide proof of compliance with this requirement at the time of the annual business license renewal.

(26)

Mortuary/funeral home including visitation, ceremonial and cremation facilities.

(27)

Usual accessory uses and buildings incident to the above uses.

(28)

Service, cleaning or repair shops for jewelry, appliances, upholstery, household electronic and mechanical equipment, other household items, shoes and wearing apparel within a fully enclosed building but not including vehicles or nonresidential machinery or other items of any kind otherwise regulated by Ballwin ordinances.

(29)

Store for the sale of new books, music and other communications media, including the sale of used communications media, but excluding the sale of any obscene material or material infringing upon copyrights or trade marks. The sale of used materials cannot exceed 25 percent of the gross floor area or 25 percent of the annual gross receipts of the business. The business shall provide proof of compliance with this requirement at the time of the annual business license renewal.

(30)

Establishments for the sale of lottery tickets as permitted by the laws of the State of Missouri, provided that it is only in conjunction with the operation of a commercial business at retail permitted in this district.

(31)

Store for the sale of coins, stamps, baseball cards, comic books or similar small collectible items, including the sale of these items as used merchandise. This use does not include furniture, automobiles or other large collectible items, the sale of which is either prohibited or regulated by other code provisions.

(32)

Outside storage of merchandise subject to the following conditions:

a.

Only businesses licensed in Ballwin to do business on the premises shall be allowed to conduct this activity.

b.

This activity shall be allowed only in the C-1 district, and may be subject to additional limitations imposed by the MRD and NCD overlay districts which may prohibit this use or require special additional criteria for implementation.

c.

Any display-for-sale outside of a fully enclose structure needs to be done in a manner that the merchandise is not subject to being moved, toppled over or otherwise disrupted by storms, customers and gravity.

d.

Any display-for-sale outside of a fully enclosed building must be conducted on a sidewalk that is located along and adjacent to the facade wall of the unit or space occupied by the business in which the principal pedestrian customer entrance is located. No such display-for-sale shall be allowed on any part of a site other than said front sidewalk adjacent to the façade wall. In the case of a corner entrance or multiple entrances on multiple sides, the front facade wall shall be the wall facing the primary adjoining roadway or primary parking lot. Only one facade wall per business may be utilized for outdoor display-for-sale.

e.

Merchandise displayed outdoor for sale pursuant to this section shall only be displayed in front of the store from which it is being sold. No sidewalks area suitable for outside storage may be rented or allowed to be utilized by a business, person or entity not occupying the store in front of which the merchandise is being displayed.

f.

Any use of a sidewalk for display-for-sale shall not block any building exits nor reduce the portion of the sidewalk available for pedestrian use to less than three feet in width or at all in front of store entrances. The minimum sidewalk space required pursuant to this section shall be provided at the side of the sidewalk away from the façade wall of the building. No such display-for-sale shall be permitted within three feet of any door opening.

g.

No merchandise shall be stacked in a manner that exceeds four feet in height. This does not preclude individual items that exceed four feet in height from being placed on a sidewalk as long as they are properly tied down or restrained from blowing around or toppling over.

h.

Marked fire lanes shall not be used for the display and storage of any product or merchandise.

i.

The City of Ballwin cannot assure security for merchandise stored and displayed in this manner.

j.

Outdoor placement of displays of merchandise and display racks and facilities shall only be allowed when the business is open. Merchandise and display facilities must be taken inside when the business is closed.

k.

No parking lot or green space areas shall be used for any display-for-sale activity.

l.

Merchandise displayed for sale pursuant to and in compliance with this section shall be displayed in portable fixtures or other facilities designed to be easily portable and built of materials suitable and intended for outdoor use. No pallets, cardboard boxes, untreated or unpainted wood or other non-weatherproof or similarly unsuitable materials shall be used for such display at any time.

m.

Small point-of-sale price stickers are permitted for outdoor displays but all signage shall be subject to the Ballwin Sign Code and sign permits may be required.

(33)

Adult oriented businesses and adult service providers, as defined in chapter 14, article IX of this Code. No adult oriented business or adult service provider shall be operated or maintained within 500 feet of any school property, child daycare center property or church property and may not be operated or maintained within 1,500 feet of another adult oriented business property or adult service provider property.

(Ord. No. 08-27, § 1, 7-28-08; Ord. No. 14-30, § 3, 10-27-14; Ord. No. 19-33, § 1, 10-28-19)

No building shall exceed 45 feet in height, except as otherwise provided herein.

(Ord. No. 08-27, § 1, 7-28-08)

(1)

Front yard. There shall be a front yard having a depth not less than 40 feet, except for:

(i)

Land lying along and adjacent to Manchester Road, which shall have a front yard having a depth of not less than 60 feet; and

(ii)

Land lying along and adjacent to the south side of Orchard Lane, which shall have a front yard having a depth of not less than ten feet.

(iii)

Land lying along Manchester Road may have a front yard with a depth of 20 feet along a maximum of 75 percent of the Manchester Roadway frontage of the combined parcels of a proposed development. Front yards allowed by this section shall only be utilized for landscaping, pedestrian circulation improvements and public amenities. No parking shall be allowed in such front yards. No curb cuts shall be allowed within such front yard, except those shared by two or more adjoining developments. Driveways accommodating cross access between adjoining developments may be allowed in such front yard provided landscaping, pedestrian circulation improvements, and public amenities also are present.

(iv)

There shall be a minimum of a ten-foot deep landscaping area provided along the roadway frontage in conjunction with all new developments, redevelopments, building expansions and/or site improvements to all parcels in the C-1 district, which area may include a six-foot wide sidewalk.

(2)

Side yard. A side yard is not required, except for a lot or tract of ground which adjoins a dwelling, a dwelling district or the public activity district, in which case there shall be a side yard of not less than twenty five (25) feet. Such side yards shall be landscaped and screened in accordance with standards described in section 4(3)(i) of this article.

(3)

Rear yard. There shall be a rear yard having a depth of not less than 25 feet.

(i)

In all cases where rear yards abut properties in a zoning district other than the C-1, C-2, C-3, and S-1 districts in Ballwin and similar commercial and/or industrial districts in adjoining jurisdictions, such required rear yards shall be fully landscaped and free of all structures, pavements, new above ground utility systems or service laterals and similar improvements. The landscaped area shall be permanently maintained with plantings of sufficient quantity and size to provide a 100 percent site-proof screening to a height of six feet above ground level. The landscaped screening shall consist of a mixture of evergreen and deciduous trees and shrubs.

(ii)

If the lot is less than 125 feet in depth and the plat thereof has been duly recorded in the office of the St. Louis County Recorder of Deeds at the time of the passage of this ordinance [July 28, 2008], the rear yard need not exceed 20 percent of the depth of such lot. In the case of such shallow lots, a site-proof fence may be substituted for the vegetation screening. The fence shall be constructed in a manner and of materials that are architecturally compatible with the proposed development and the neighborhood, and shall be maintained in place for as long as the site development plan is in effect. Fencing materials must have a reasonable expectancy of surviving for 20 years in this location, and under no circumstances shall any form of modified chain link fence be allowed for this purpose. Landscaping materials shall be placed to supplement any screening provided by a fence. Such plantings shall be provided on the basis of one six-foot evergreen tree, one two-inch caliper tree or one five-gallon size shrub per 25 linear feet of property line.

(iii)

If a parcel contains physical building improvements existing prior to April 10, 2000 that are proposed to be reused and retained in conjunction with a redevelopment, a building expansion, site improvements, an amendment to an existing special use exception, and/or an application for a new special use exception, and there is insufficient room to provide the 25-foot landscaped rear yard required in subsection 3(i) above, then the screening provisions of subsection 3(ii) above shall apply.

(iv)

Rear yards abutting commercial or industrial zoning districts shall provide screening via a six-foot tall fence or landscaped [area] in accordance with the provisions of section (ii).

(4)

Intensity of use. When a lot is improved with a single-family dwelling, the intensity of use regulations shall be the same as those required in the R-2 single-family dwelling district.

(Ord. No. 08-27, § 1, 7-28-08)

(1)

Off street parking and loading spaces shall be provided in accordance with requirements for specific uses set forth in article XV.

(2)

Parking for shopping centers, plazas and office complexes with two or more tenants and having more than 100,000 square feet of gross floor area may be allowed to reduce the required minimum parking by as much as 20 percent in exchange for the provision of expanded landscaped areas, pedestrian corridors, public plazas and gathering areas, and amenities such as benches, fountains, sculptures, kiosks, and other such similar amenities.

(Ord. No. 08-27, § 1, 7-28-08)

All new development, redevelopment, building expansion and/or site improvements proposed in the C-1 district and fronting on a roadway under the jurisdiction of the Missouri Department of Transportation (MoDOT) shall be submitted to MoDOT for review and comment upon its formal receipt by the City of Ballwin. Under no circumstances is Ballwin required to implement, impose or abide by any suggestions, recommendation or directives contained within any such MoDOT review.

(Ord. No. 08-27, § 1, 7-28-08)

(1)

Curb cuts from sites with new developed, redeveloped, building and/or site improvements within the C-1 district shall have curb cuts limited to no closer than 500 lineal feet from centerline to centerline. No parcel shall be denied at least one direct vehicular access to Manchester Road because of this requirement. Access via a shared curb cut with an adjoining property or properties guaranteed via a recorded cross access easement or written agreement between private property owners shall be considered direct access to Manchester Road regardless of whether the curb cut is actually on the subject property. Absent such agreements or easements, properties with less than 500 lineal feet of frontage will be allowed only one Manchester Road curb cut. Such curb cut shall be located in a manner to minimize congestion and conflict points on Manchester Road.

(2)

All new developments, redevelopments, building expansions and/or site improvements on parcels within the C-1 district shall include the construction of a six-foot wide and four-inch thick concrete sidewalk including access ramps built to ADA standards along the entire frontage of Manchester Road. The sidewalk shall include ramp connections to applicable roadways. Concrete sidewalks built to the same specifications but with a width of five feet shall be built along the entire length of all other public and or private roadway frontages. The construction of these sidewalks on private property within maintenance easements to Ballwin will be permitted if construction in the right-of-way is not feasible or advised due to conflicting uses or improvements that cannot be removed.

(3)

In order to minimize the negative traffic impact of development in the C-1 district on adjoining roadways, all new developments, redevelopments, building expansions and/or site improvements shall provide to Ballwin a cross access, and driveway/parking lot vehicular interconnection easement on all sides of the site where, in the judgment of the board of aldermen, the interconnection of parking lots and/or driveways is necessary to minimize traffic congestion and vehicular conflict points on and near Manchester Road. The Board of Aldermen may waive the requirements for the granting and/or recording of such easement if topographic or other conditions prevent such desired interconnections from being built or utilized. Such easements shall run from the closest curb cut to the adjoining property line. The easement shall be at least as deep from the right-of-way as the minimum required front yard depth of the C-1 district and under no circumstances shall such easement be so shallow as to prevent the construction of a 25-foot wide two-way vehicular roadway. Should such an easement be not feasible in the front yard, but possible in a side or rear yard, then the latter location may be approved by the board of aldermen.

(Ord. No. 08-27, § 1, 7-28-08)