In addition to the buildings, structures, or uses permitted by this ordinance in each of the zoning districts, the board of aldermen may authorize the following additional uses by special use exception in the various districts specified for each particular type of use under the conditions set out in section 2 and section 3 of this article XIV; and provided that such building, structure or use is to be on a lot or tract of land of the area specified as a minimum when so specified; however, in accordance with the provisions of section 2 of this article XIV, approval may be conditioned upon a larger lot or tract of land being used:

(1)

Any public building erected or used by any department of, county, state or federal government or any political subdivision of the state in the C-1 district.

(2)

Sales of new motor driven vehicles, recreational vehicles and trailers and utility trailers subject to all of the following restrictions and regulations:

a.

Dealerships must be franchised by the manufacturer of the new products sold.

b.

Dealerships may sell only new and used motor vehicles and related parts and accessories.

c.

Dealerships may include facilities for the indoor servicing of vehicles including a body and paint shop.

d.

An indoor wash facility that is not available to the public shall be considered a customary accessory use to a dealership.

e.

The rental and leasing of motor vehicles and recreational trailers shall be considered a customary accessory use for a dealership.

f.

The sale or rental of recreational trailers shall only be allowed in conjunction with the sale of new motor vehicles.

g.

The outdoor storage of inventory and serviced vehicles provided that such vehicles are parked on a paved surface shall be considered a customary accessory use for a dealership.

h.

The total paved land area dedicated to all types of outdoor vehicle storage shall not exceed 85% of the total land area of the site exclusive of required green spaces, detention facilities and pollution mitigation areas. Facilities existing in violation of this provision at the time of the adoption of this ordinance may continue to operate with their current percentage of land utilized for vehicle storage, but such nonconforming site must be brought into compliance with this requirement upon the addition of any new land to a site.

i.

No satellite facility or other noncontiguous land may be added to or made a part of an automobile dealership.

(3)

Automobile and motor vehicle service and/or repair facility including body work and painting facilities in the C-1 commercial district, provided that no work activities shall be done outside the building, and no motor vehicle shall be stored unless enclosed within a building or parked and stored outdoors only subject to the following restrictions and regulations:

a.

All motor vehicles shall be parked on a paved parking lot that has been paint striped to show designated parking areas;

b.

No motor vehicle may be parked outdoors unless it has a current license issued by a state government;

c.

No motor vehicle may be parked outdoors for more than 45 consecutive days or more than 50 days during any 12-month period;

d.

The aggregate number of motor vehicles parked outdoors for more than 24 hours shall not exceed the greater of six motor vehicles per enclosed service bay or 12 motor vehicles per acre of the premises of the shop; and

e)

Such other restrictions and regulations as the board of aldermen may require due to unique physical or cultural characteristics, proximity to uses and facilities that may be negatively impacted by this use, access limitations, traffic impact or other special issues which make the site atypical of the city or neighborhood.

(4)

Carwash establishment, except coin-operated self-service establishment, provided it is enclosed in a separate building, attended by employees during operating hours, and provides on site queuing room for a minimum of 15 vehicles in the C-1 commercial district.

(5)

Banks, savings and loan associations, short term loan establishments and other financial businesses that are regulated by the Missouri Division of Finance subject to the following regulations:

a.

Such facilities shall provide and utilize digital video and audio surveillance equipment that observes all interior portions of the unit that are accessible or visible to the general public, all private offices and all exterior perimeters of the building or site including parking lots, alleys, service areas, all exterior windows and doors and similar spaces. Such equipment shall operate 24 hours a day seven days a week and shall be connected to a recording device(s) that permanently retain the recorded data for at least 30 days before the data is erased or recorded over. Such recording devices must be able to have the data downloaded to another device for long term permanent storage as needed.

b.

Such facilities shall be designed to have their public lobby areas fully visible from the adjoining parking lots. No interior or exterior improvements, window tinting and treatment, draperies, blinds, signage, landscaping or other devices shall be utilized to block such visibility.

c.

Such facilities shall provide a vault or safe to protect cash or other liquid assets. Such vault or safe shall have a UL rating of TRTL-15 or better. Such safe or vault shall be installed in such a manner that the area near the safe/vault shall be visible from the parking lot and the surveillance system.

d.

Such facilities shall be equipped with an interior illumination system that fully illuminates the area around the vault or safe during all times of darkness.

e.

Such facilities shall be equipped with an alarm system that monitors all exterior doors and windows, cash drawers and the vault/safe. The system shall include "hold up" alarm/panic buttons at all teller and manager positions that promptly notify the police department when activated. Such an alarm system must be installed and operated in accordance with the established standards and requirements of the City of Ballwin for such equipment. Such systems shall be tested monthly and a record of such tests maintained on the premises for review.

(6)

Cemeteries, memorial gardens columbariums, mausoleums and similar facilities for the burial or other internment or entombment of human remains in the C-1 district.

(7)

College or university in the C-1 district.

(8)

Athletic fields or community building owned and operated by a governmental or a not for profit entity in the R-1A, R-1, R-2, R-3 or R-4 districts.

(9)

Motor vehicle fuel filling stations in the C-1 commercial district; provided however that no tank or receptacle used for storage of gasoline or motor vehicle fuel shall be permitted unless it is located below the surface of the ground or grade on a proper foundation. Filling station pumps, pump islands and canopies may be within a required front yard, provided they are not less than 20 feet from any street lines except for land lying along and adjacent to Manchester Road where they cannot be less than 40 feet from any street line, and each pump and pump island shall be surrounded by a curb or other appropriate barrier. No tank or receptacle used for storage of gasoline or motor vehicle fuel and no filling station pumps, pump islands or canopies shall be located within 50 feet of the boundaries with any residential use or any residential dwelling district.

(10)

Motels, hotels and similar operations offering sleeping facilities on a single night rental basis provided that such use:

a.

Is located in the C-1 district;

b.

Provides sleeping facilities for no more than four people per room;

c.

Provides 1,250 square feet of lot area for each unit;

d.

Provides at least 30 feet of open space between buildings;

e.

Provides individual units, each of which shall contain at least 200 square feet of floor area, and provide heating/cooling, lavatory, toilet and tub or shower with hot and cold water; and

f.

That such a special use exception may include any additional regulations and/or site development and operational requirements deemed necessary for the construction, operation and maintenance of the use.

(11)

Nurseries and greenhouses including the outdoor storage, sales and display only of plants and landscaping materials in the C-1 District provided that any structures shall be no less than 100 feet from all adjoining properties with a residential use or zoning classification.

(12)

Nursery, pre-kindergarten, day care schools and play schools not operated on the same premises as a residential use or in conjunction with a residential use serving five or more children during any 14-hour period of any day of the week, except those that are conducted in a church in connection with religious services not exceeding three hours at a time, in the R-1A single-family dwelling district, R-1 single-family dwelling district, R-2 single-family dwelling district, R-3 single-family dwelling district, R-4 planned multiple-dwelling district, R-5 planned infill multiple dwelling district, and PSD planned single-family dwelling development district provided that:

a.

A minimum of a 25-foot wide landscaping buffer is provided along all sides of the site adjoining all residential or recreationally zoned land or use;

b.

Such landscaping buffer shall be planted with sufficient native planting materials to provide a 75 percent visual screen to a height of six feet above the ground level;

c.

Shall be limited to a single ingress/egress point which shall be located no less than 100 feet from the centerline of any intersection;

d.

All parking and drop-off facilities shall be located in side and rear yard areas;

e.

The building footprint shall not exceed four times the average footprint of all residential structures within a 500-foot radius of the proposed site exclusive of rights-of-way;

f.

Shall not be located on a parcel of ground of less than one acre in area;

g.

Shall have all exterior equipment such as HVAC facilities and generators installed such that it is fully screened from surrounding properties;

h.

Shall provide a traffic study completed by an engineer qualified by experience and/or education to conduct such studies. Such study shall analyze all aspects of the proposed development's impact and function from a traffic perspective and shall demonstrate that the additional traffic impact of the proposed use will not negatively impact the level of service on nearby roadway segments and intersection movements by more than one second of delay per vehicle; and

i.

Shall provide parking at a rate of not less than one space per 225 square feet of gross building floor area.

(13)

Nursery, pre-kindergarten, day care schools and play schools operated as an accessory and subordinate use to the primary residential use of the property and serving five or more children in total during any 14-hour period of any day of the week in the R-1A single-family dwelling district, R-1 single-family dwelling district, R-2 single-family dwelling district, R-3 single-family dwelling district, R-4 planned multiple-dwelling district, R-5 planned infill multiple dwelling district, and PSD planned single-family dwelling development district provided that:

a.

A maximum of ten children are enrolled and present on the premises during any 14-hour period of any day of the week;

b.

Such use shall be limited to a single ingress/egress point which shall be located no less than 100 feet from the centerline of any intersection;

c.

Such use shall not be located on a parcel of ground of less than 10,000 square feet; and

d.

Such use shall provide simultaneous off-street parking for at least three vehicles not including the vehicles of the owner.

e.

Such use shall only be permitted in the residence of the petitioner and no individual not a resident of the dwelling for which the use is petitioned shall be employed at said use.

(14)

Parking within any front yard for all allowed uses in the C-1, C-3, PA and S-1 districts and for all nonresidential uses in the R-1A, R-1, R-2, R-3, R-4, R-5 and PSD districts.

(15)

Public utility uses, facilities or stations other than an office or salesroom not in a dedicated utility easement in any district.

(16)

Reserved.

(17)

Batting cages, bowling alleys, tennis, racquetball and handball facilities, miniature golf, skating rinks and similar recreational and entertainment uses in the C-1 districts provided that any outdoor recreational or entertainment facility or use shall be no less than 100 feet from an adjoining residential use or zoning district and that a 50-foot wide landscaped buffer providing a 75 percent visual screening to a height of six feet is established within this setback and no luminary is installed on the site the lens or lamp of which is directly visible from any place on any nearby residential property.

(18)

Shop for the sale at retail of antiques including consignment items but not including a pawn shop or similar use in the C-1 commercial district.

(19)

Storage, display and/or sale of residential lawn and gardening supplies, materials, fixtures, equipment and similar residential lawn and garden items not kept within a completely enclosed building in the C-1 commercial district, but not including building and construction materials or supplies, fixtures or equipment having a design, quantity or nature for commercial or business purposes.

(20)

Shop where food is served for consumption on the premises on which prepared or to be consumed at a place other than on the premises on which prepared, including the use of a drive-up window for pickup purposes. If the use described herein is to be placed on a site that has been previously approved pursuant to the special use exception site development plan approval process and no changes to the exterior footprint of the building or the approved site development plan are proposed, this special use exception requirement does not apply and the special use exception does not have to be obtained. For the purposes of this ordinance, consumption on the premises on which prepared shall mean and include consumption in an exterior garden or sidewalk type dining area, provided, however that such exterior dining area is accessible to the building in which the food is prepared, is controlled by the business preparing the food and does not interfere with the intended use of the area occupied by such dining.

(21)

Establishments for the distilling, brewing, preparation and sale of beverages containing alcohol of any kind by the drink for consumption on the premises where sold in the R-4 and C-1 districts.

(22)

Rental and associated open storage of motor driven vehicles and utility trailers in the C-1 commercial district provided that parking spaces used for such storage are in excess of the minimum parking required for the site as provided in appendix A, article XV of the Ballwin Code of Ordinances.

(23)

Theaters presenting performances by casts of live performers in the C-1 district; provided, however, that:

a.

Such use may be in conjunction with the operation of a restaurant; and

b.

There be provided for such use one parking space for each four seats or 60 square feet of gross floor area, whichever requirement is the greater; and

c.

A traffic study prepared by a professional engineer qualified by experience and/or education to conduct such studies is submitted. Such study shall analyze all aspects of the proposed use's impact and function from a traffic perspective and shall demonstrate that the additional traffic impact of the proposed use will not negatively impact the level of service on nearby roadway segments and intersection movements by more than one second of delay per vehicle.

(24)

Indoor motion picture theaters on tracts of land containing five acres or more in the C-1 commercial district provided that a traffic study prepared by a professional engineer qualified by experience and/or education to conduct such studies is submitted. Such study shall analyze all aspects of the proposed use's impact and function from a traffic perspective and shall demonstrate that the additional traffic impact of the proposed use will not negatively impact the level of service on nearby roadway segments and intersection movements by more than one second of delay per vehicle.

(25)

Private retirement community, and/or nursing home offering living facilities and associated services for independent living, assisted living and /or skilled nursing arranged in single and/or multiple family building configurations, in the R-1, R-2, R-3, PSD and C-1 zoning districts provided that:

a.

A minimum of a 50-foot wide landscaping buffer is provided along all sides of the site adjoining all residential or recreationally zoned land or use;

b.

Such landscaping buffer shall be planted with sufficient native planting materials to provide a 75 percent visual screen to a height of six feet above the ground level;

c.

It shall be located on a parcel of land not less that one acre in size nor more than five acres in size;

d.

It shall be limited to a single ingress/egress point per roadway frontage of the site provided that no curb cut shall be located less than 100 feet from the centerline of any intersection;

e.

All parking, and drop-off facilities shall be located in side and rear yard areas;

f.

It shall have all exterior equipment such as but not limited to HVAC facilities and generators installed such that it is fully screened from surrounding properties; and

g.

It shall provide parking at a rate of not less than .3 spaces per resident room plus 1.5 spaces per independent living unit.

h.

The design and bulk of the building is compatible with the scale and character of the surrounding neighborhood and complies with the applicable recommendations of the comprehensive plan for infill developments.

(26)

Drive-through facilities in the C-1, C-3 and S-1 districts.

(27)

Temporary mobile diagnostic or medical treatment equipment for a period in excess of three days per calendar year in the C-1 and C-3 districts, provided that:

a.

Such facility is not used for the treatment of persons having contagious or infectious diseases;

b.

Off-street parking and loading facilities shall be provided upon the lot or tract adequate to accommodate employees and visitors;

c.

Except in emergencies declared by the Mayor of the City of Ballwin, no mobile diagnostic or medical treatment equipment shall be allowed on the permitted location more than three days per week or more than 15 days per calendar month;

d.

Proper and adequate facilities are provided for the disposal of waste, trash or garbage generated at the facility; and

e.

Each special use exception shall be for a definite period, not to exceed one year, unless extended by approval of the board of aldermen at a meeting of the board of aldermen on such conditions as determined to be in the public interest.

(28)

Residential and outpatient alcohol, drug and substance treatment centers certified by the State of Missouri are allowed in C-1 commercial district, provided:

a.

The operator of the facility has a current certification from the Division of Alcohol and Drug Abuse of the Department of Mental Health for the State of Missouri for the operation of the facility;

b.

That no other alcohol and drug treatment center is located within 2,600 feet of the building housing the facility;

c.

That the building housing the facility is not located within 300 feet of the property line of any school, church or building regularly used as a place of religious worship or education; and

d.

That the building housing the facility is not located within 50 feet of any district zoned residential dwelling district.

(29)

Single-family residences in which eight or fewer unrelated mentally or physically handicapped persons reside in any district.

(30)

Indoor entertainment facilities offering performances or amusement in the C-1 commercial district, provided that the other provisions of this section relating to such uses under this ordinance are met.

(31)

Trailers, not to exceed 24 feet in length, in the C-1 zoning districts which would not otherwise comply with the restrictions in chapters 15 and 28 of the Code of Ordinances provided that said trailer shall be owned and utilized by the holder of a Ballwin business license, operating its business on the same property where the trailer shall be stored. Such trailer shall be parked at all times behind the building line of the structure located on the property, but may be moved or removed and replaced without forfeiture of this special use exception.

(32)

Indoor shooting ranges in the C-1 zoning district.

(33)

Marijuana cultivation facility entirely within an enclosed building in the C-1, C-2, C-3 and the S-1 Zoning Districts.

(34)

Marijuana-infused products manufacturing facility in the C-1, C-2, C-3 and the S-1 Zoning Districts.

(35)

Marijuana testing facility in the C-1, C-2, C-3 and the S-1 Zoning Districts.

(36)

Marijuana dispensary facility in the C-1, C-2, C-3 and the S-1 Zoning Districts.

(37)

Marijuana cultivation facility (outside) in the Planned Overlay Zoning Districts.

(38)

Pet Day-Care and Boarding Facilities. Such facilities must maintain their enclosures within soundproof buildings, ensuring no objectionable noise or odors escape beyond their walls. Open pens and/or runs must be at least 300 feet from any residentially zoned or occupied land and shall be enclosed by a solid vinyl privacy fence, eight feet in height. In addition, the board may grant relief from or impose greater required conditions it deems appropriate for protection of adjoining properties from noise and odor, which may include, but not be limited to, requiring berms, walls and/or landscaping.

(Ord. No. 08-26, § 1, 7-28-08; Ord. No. 11-19, § 1, 5-23-11; Ord. No. 13-04, § 1, 1-28-13; Ord. No. 13-25, § 1, 6-17-13; Ord. No. 19-16, § 2, 6-17-19; Ord. No. 23-09, § 2, 3-13-23; Ord. No. 23-30, § 4, 12-11-23; Ord. No. 24-06, § 2, 5-13-24)

Granting of a special use exception for any of the uses set forth in section 1 hereof shall, in addition to the findings required by section 4(3) hereof, take into account the matters hereinafter set forth when applicable, and any one or more of such matters may be made a condition of the granting of the special use exception:

(1)

That the minimum yard requirements of the district in which the use is to be located are observed.

(2)

That provision is made for appropriate site illumination which will not disturb adjacent property or affect traffic on adjacent rights-of-way. Such lighting shall be of a nature that it does not shine directly toward any right-of-way and the lenses and lamps of any fixture cannot be viewed directly from any nearby residential use or district. Wall mounted luminaries shall be designed and mounted to cast illumination downward and not outward toward adjacent properties or uses.

(3)

That there is appropriate provision for landscaping and greenery and its maintenance, both for purposes of screening and blending with the character of the surrounding uses and neighborhoods. Plantings may be required to be as high as eight feet when for the purpose of screening between adjacent properties and uses. Unless required to be otherwise, these landscaped areas shall be a minimum of 25 feet wide where they adjoin a residential use or district and may be required to be wider or taller or required along property lines adjoining nonresidential uses if it is determined that this is necessary to protect the character, use and/or privacy of adjoining properties.

(4)

That the site or necessary portions thereof are adequately fenced for safety, screening or to prevent unauthorized persons from having access, which fencing may be required to be a height of six feet.

(5)

That there is adequate off-street parking in accordance with the requirements of Article XV Off-street Parking and Loading Requirements of the Ballwin Zoning Ordinance.

(6)

That appropriate provision is made for the paving of all parking and drive areas in accordance with the provisions of Article XV Off-street Parking and Loading Requirement of the Ballwin Zoning Ordinance.

(7)

That appropriate provision is made for sanitary sewers and stormwater runoff.

(8)

That adequate provision is made for off-street loading and unloading docks, spaces or other facilities.

(9)

That adequate provision is made for ingress and egress to abutting rights-of-way.

(10)

That there is adequate area for the intended use, which area may be greater than the minimum otherwise specified in this ordinance and which shall be sufficient to protect all surrounding properties, taking into account all aspects of the intended use.

(11)

In off-street parking for public use or for employees, no sales, dead storage, repair work nor dismantling of automobiles shall be permitted.

(12)

That adequate provision has been made for the placement of containers for the disposition of refuse, rubbish, garbage, grease or other materials and for architecturally compatible screening of such facilities.

(13)

In addition to all other requirements of this Code as may be applicable, the following apply to those businesses in the C-1 commercial district that provide entertainment.

(a)

Parking for customers and employees must be provided at a rate of two times that required for restaurants with respect to that area of operation where the entertainment or amusement is being provided, or 1.5 times that required for restaurants based upon the allowed occupancy of the entire facility as established by the fire marshal, whichever requirement is greater. Such additional parking requirement in excess of such minimum requirement must be located on the same physical site or within the same development in which the entertainment or amusement special use exception is approved. Other sites or developments may not be used for this additional parking. If the site or development is not under the ownership and/or control of the petitioner, then the written approval of the owner of the property within the same development authorizing the utilization of the excess parking capacity for this purpose must be provided. The time period of such authorization shall be commensurate with the time period of the special use exception granted under this section.

(b)

Any building within 100 feet of a structure housing a residential use located within a residential zoning district that is proposed for use pursuant to an entertainment or amusement special use exception shall be designed and built and/or retrofitted with appropriate acoustical insulation to prevent sound emanating from the entertainment or amusement from being heard beyond the perimeter of the site. Such sound insulation shall be described as part of the special use exception petition and a written statement from an engineer familiar with such issues shall be provided stating that the proposed insulation will provide the required sound attenuation. Upon submittal of final architectural plans, a statement bearing the engineers professional seal shall be provided stating that the sound insulation will attenuate the sound in accordance with this ordinance.

(c)

The sale [of] any intoxicating liquor in conjunction with a special use exception under this section, except malt liquor, in the original package, shall be deemed "sale by the drink" and when so made, the container in every case shall be emptied and the contents thereof served as other intoxicating liquors sold by the drink are served. The sale of intoxicating liquor in the original package for off-premises consumption shall not be allowed, and violation of this provision shall be grounds for revocation of the special use exception.

(d)

A petitioner may be required to provide security personnel during the time that performances or other entertainment is provided for which a special used exception has been granted under this section to patrol the premises and surrounding public areas to prevent illegal parking, traffic congestion, littering, noise and/or disorderly conduct as defined in this Code.

(e)

Grounds for revocation for a special use exception under this section shall include illegal parking, traffic congestion, littering, noise and inappropriate behavior caused or reasonably believed to be caused by operation of the business.

(f)

A special use exception is not required under this section for:

a.

The operation of televisions, radios or similar devices providing telecommunications broadcasts, or the operation of jukeboxes or similar music devices provided that there is no disc jockey or similar operator;

b.

Schools, churches, fraternal and/or philanthropic organizations and similar organizations that provide events on less than 12 days per year.

c.

Businesses which have offered entertainment to customers on a regular basis as an allowed use, provided such entertainment and/or use was offered or obtained prior to the enactment of this section.

(Ord. No. 08-26, § 1, 7-28-08)

(1)

The zoning commission meets on the first Monday of each month. Applications shall be submitted no later than the close of business on the Friday preceding the Monday six weeks before the regularly scheduled meeting of the zoning commission.

(2)

Applications for new special use exceptions, or for extensions or alterations to existing uses previously authorized, shall be made to the City of Ballwin on petition forms provided by the city.

(3)

Applications shall include 25 copies each of the petition form, a development plan folded and on paper not to exceed 24" × 36" and appropriate accompanying materials. These documents shall show all information necessary to clearly describe the nature, extent and intensity of the proposed special use, and shall address the concerns outlined in the Ballwin Petitioning Handbook and article XIV of the Zoning Ordinance of the City of Ballwin.

(4)

Applications shall be accompanied by a legal description of the property and a copy of the current deed for the property showing the current owner. If the petition is not from the owner, the application shall also be accompanied by documentation of a long term legal interest in the property by the petitioner or the written statement of the current owner, or authorized agent, indicating an intent to transfer ownership or other legal interest to the petitioner and allowing the petitioner to enter into a special use exception for the property in question.

(5)

All drawings and information involving stormwater runoff changes, grading, new paving, construction, landscaping or other site improvements submitted in conjunction with a petition shall be certified by the attestation and affixing of the seal of a Missouri registered engineer or architect, as to the drawings being an accurate representation of the current physical and topographic characteristics of the site. In the case of simple petitions involving little or no change to the site or structures, this provision may be waived by the city planner.

(6)

A petition fee as outlined herein shall accompany all applications. In no event will any fee required by this section be refunded to an applicant regardless of the determination made with the respect to the application:

(a)

The fee for the review of original special use exception petitions (with site plan review) shall be $1,500.00 per petition.

(b)

The fee for the processing of original special use exception petitions (without site plan review) shall be $750.00.

(c)

The fee for the review and processing petitions for rezoning requiring site plan review shall be $1,250.00 per petition.

(d)

The fee for the review and processing petitions for rezoning not requiring site plan review shall be $500.00 per petition.

(e)

The fee for the review and processing petitions for approval of a final development plan requiring site plan review shall be $1,250.00.

(Ord. No. 08-26, § 1, 7-28-08)

The application and accompanying materials shall be reviewed for compliance with the provisions of this article and the zoning ordinance of the city. If the petition is properly submitted and in compliance, the city planner shall so certify in writing to the zoning commission, the board of aldermen and the petitioner within 30 days of submission. The petition shall then be placed on the agenda of the zoning commission.

(1)

If the petition is found not to be properly submitted, or not in compliance with the minimum provisions of this article, the city planner shall notify the petitioner within 30 days of the date of submission and shall provide a listing of the deficiencies of the petition.

(2)

If the city planner fails to certify to the zoning commission that the petition has been properly submitted, or fails to notify the petitioner that the petition is not properly submitted within the specified 30-day period, the petition shall be deemed to have been properly submitted and shall be placed upon the next available agenda of the zoning commission for consideration.

(3)

The zoning commission shall consider the petition for special use exception within 60 days of certification from the city planner that all required petitioning documents and necessary information have been submitted. In default of conducting such consideration within the time provided, the zoning commission shall be deemed to have found all factors of the application satisfactory.

(4)

The zoning commission shall review the submitted documents and information, and shall report in writing to the board of aldermen as to the effect of such special use on traffic hazards and congestion, the character of the neighborhood, the general welfare of the community, the capacity of public utilities, the impact on public safety and health, consistency with good planning practice and the issues set forth in this article.

(5)

A special use exception shall only be granted by ordinance approved by a majority of the members of the board of aldermen.

(6)

Upon receipt of the report of the city planning and zoning commission, the board of aldermen may hold a public hearing in relation to the matter, shall give notice of the time and place by causing a notice thereof to be published at least one time in a newspaper printed, published or of general circulation in the City of Ballwin. The publication of said notice shall be at least 15 days prior to the day of the hearing.

(7)

After such hearing, the board of aldermen shall determine whether such exception:

a.

Will substantially increase traffic hazards or congestion.

b.

Will adversely affect the character of the neighborhood.

c.

Will adversely affect the general welfare of the community.

d.

Will overtax public utilities.

e.

Will adversely affect public safety and health.

f.

Is consistent with good planning practice.

g.

Can be operated in a manner that is not detrimental to the permitted developments and uses in the district.

h.

Can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area.

(8)

If the findings of the board of aldermen be negative as to all subjects referred to in [subsection (4)] (1) through (5) above, and be affirmative as to all subjects referred to in (6) through (8) above, and all applicable matters in section 2 have been adequately provided for, then the application shall be granted. If the findings of the board of aldermen be affirmative as to any of the subjects referred to in (1) through (5) above, or be negative as to any of the subjects referred to in (6) through (8) above, or if any of the applicable matters set forth in section 2 are not adequately provided for, then the application shall be denied.

(9)

Any applicant who shall accept and begin its use pursuant to a special use exception granted pursuant to this ordinance shall be deemed to have accepted all of the conditions made a part thereof, and in the event that said applicant shall then or in the future fail to comply with any of the conditions made a part of the special use exception, the board of aldermen, after hearing and upon notice having been given, may revoke such special use exception.

(10)

In the event that a special use exception grantee fails to produce proof of ownership, a valid lease or other long term legal interest in the property associated with the special use exception within 90 days of its effective date, said petitioner shall be deemed to have abandoned the special use exception and it shall terminate.

(11)

In the event that a special use exception grantee fails to proceed with the allowed use or construction and/or development, within a period of one year following the effective date of said special use exception, and no extension of time is granted by the board of aldermen, said grantee shall be deemed to have abandoned the special use exception and it shall terminate.

In the event building permits are issued during the one year period following the effective date of the special use exception, but no significant construction activities and/or progress toward completion of the project and commencement of the special use begins on the site within six months of the issuance of the building permit, and no extension of time is granted by action of the board of aldermen, the grantee shall be deemed to have abandoned the special use exception and it shall terminate upon the expiration of the six-month period following the issuance of the building permit.

Unless expressly authorized at the time of the granting of the special use exception, or upon the granting of a time extension by the board of aldermen, all construction and site developments associated with a special use exception must be completed within 18 months of the effective date of the special use exception, or it shall be deemed abandoned and shall thereupon terminate.

(12)

A special use exception grantee shall accept the provisions of the special use exception in writing within 30 days of the date of its passage by the board of aldermen or it shall be deemed abandoned and shall terminate.

(Ord. No. 08-26, § 1, 7-28-08)

If the nature of a business or activity is such that more than one of the special uses listed in section 1 hereof are involved, the petition shall specify that use which will be the primary use but must also indicate all secondary special uses which will be conducted upon the premises. The zoning commission and the board of aldermen shall consider all the listed special use exceptions as a single petition. Nothing in this section shall prohibit the petitioner from withdrawing one or more special use exception(s) from a petition and thereby allowing a determination based upon the special use exception(s) remaining in the petition.

(Ord. No. 08-26, § 1, 7-28-08)

(1)

In approving special use exceptions, the board of aldermen shall have the authority to impose or require such conditions as it determines are necessary to satisfy the criteria established in this article.

(2)

In each instance in which approval of use or development of property is made subject to conditions by the board of aldermen in the approval of a special use exception, a copy of the approved ordinance and all records, plans, information and documentation shall be kept in a permanent special use exception file within Ballwin City Hall.

(Ord. No. 08-26, § 1, 7-28-08)

Special use exception approvals are granted to the named permittee only and may be transferred only with the approval of the board of aldermen. Transfers may be accomplished by submitting a fully executed and notarized special use exception transfer petition form and a $250.00 petition transfer fee to the city planner no later than the close of business of the Tuesday preceding a regular meeting of the board of aldermen. The transfer may be approved by a majority vote of the board.

(Ord. No. 08-26, § 1, 7-28-08)

Except as provided in subsection (11) of section 4 hereof, special use exceptions shall be valid for an unlimited period unless a lesser period shall be provided for a particular special use exception. Upon the expiration of the time limit specified for a particular special use exception, the property owner may request that the special use exception be reviewed by the board of aldermen which may extend it for an unlimited period, or for an additional period of time.

(Ord. No. 08-26, § 1, 7-28-08; Ord. No. 18-04, § 1, 4-23-18)

Upon denial by the board of aldermen of an application for a special use exception, the applicant (and the owner of the property, if other than the applicant) shall be notified of the denial; and neither the planning and zoning commission nor the board of aldermen shall consider any other application for a special use exception concerning the same property, or any part thereof, unless:

(1)

Twelve months have elapsed from the date of the most recent denial; or

(2)

Three-fourths of the members of the full board of aldermen vote to consider the most recent application.

(Ord. No. 08-26, § 1, 7-28-08)

The purpose of this division is to regulate the placement and licensing of facilities for the dispensing, selling, cultivating, manufacturing, storing, and testing of marijuana and marijuana-infused products, to the extent permitted by the Missouri Constitution, applicable statutes enacted by the General Assembly, and regulations promulgated by the Missouri Department of Health and Senior Services, and to protect the health, safety, and welfare of the residents, businesses, and property owners in the city.

(a)

No marijuana related use, activity or facility shall emit an odor or in any way cause a public nuisance per chapter 29 of this Code. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.

(b)

No more than a total of three marijuana dispensary facilities, three marijuana cultivation facilities and three marijuana-infused products manufacturing facilities will be allowed within the city limits.

(c)

Each marijuana cultivation facility, marijuana-infused products manufacturing facility or marijuana dispensary facility shall be located on properties that meet the following distance requirements:

(1)

No marijuana related uses shall be operated or maintained within 300 feet of any school, child day-care center or church.

(2)

No marijuana related uses shall be operated or maintained within 1,500 feet of another marijuana related use except when marijuana sales represents less than five percent of the dollar volume of business in a state or federally licensed pharmacy. Marijuana related uses under the same ownership and on the same property are exempt from this requirement.

(d)

In the case of a free-standing facility, the distance between the facility and the school shall be measured from the external wall of the facility closest in proximity to the school to the closest point of the property line of the school, unless the school is part of a larger structure such as an office building or mall, in which case the distance shall be measured to the entrance or exit of the school in closest proximity to the facility. In the case of a facility that is part of a larger structure, such as an office building or mall, the distance between the facility and the school shall be measured from the property line of the school to the facility's entrance or exit closest in proximity to the school, unless the school is part of a larger structure such as an office building or mall, in which case the distance shall be measured to the entrance or exit of the school in closest proximity to the facility. Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot. No marijuana or marijuana-infused product shall be displayed so as to be visible through glass, windows, or doors by a person of normal visual acuity standing at the outside perimeter of a facility.

(e)

Paraphernalia as defined in Chapter 195 of the Revised Statutes of Missouri, as may be amended, may be lawfully sold at a marijuana dispensary facility.

(f)

The sale or consumption of alcohol within a facility is prohibited.

(g)

The consumption, inhalation or other personal use of marijuana or marijuana-infused products on or within the premises of a marijuana cultivation facility, marijuana testing facility, marijuana-infused products manufacturing facility or marijuana dispensary facility is prohibited, except that a marijuana testing facility may consume marijuana during the testing process and only as the consumption relates to the testing process.

(h)

Dispensaries can be on the same property as a cultivation facility, a Marijuana-infused products manufacturing facility or a marijuana testing facility but are not permitted to be within the same building as any other marijuana related use.

(i)

Security plans. Marijuana cultivation facility, marijuana testing facility, marijuana-infused products manufacturing facility or marijuana dispensary facility shall provide adequate security on the premises including, but not limited to, the following:

(1)

Surveillance. Security surveillance cameras installed to monitor each entrance to the facility along with the interior and exterior of the premises to discourage and to facilitate the reporting and investigation of criminal acts and nuisance activities occurring at the premises. Security video shall be preserved for at least 90 days, and be made available to law enforcement officers upon demand.

(2)

Inventory. All salable inventory of marijuana must be kept and stored in a secured, locked manner.

(3)

Safe. A locking safe or secure vault permanently affixed or built into the premises to store any currency on site.

(4)

Alarm system. Professionally monitored robbery alarm and burglary alarm systems shall be installed and maintained in good working condition within the facility at all times.

(5)

Emergency contact. Each facility shall provide the chief of police with the name, cellular telephone number, electronic mail address, and facsimile number of an on-site facility employee to whom the city may provide notice of any operating problems associated with the facility. It shall be the responsibility of the licensee to keep up to date the contact information of the facility employee.

(j)

Operating plans. As a condition of processing of a business license application, a facility operator shall provide at the time of filing the business license application a detailed operations plan and, upon issuance of a license, shall operate the facility in accordance with the plan. Such plan shall include:

(1)

Floor plan. A plan showing the layout of the facility and the principal uses of the floor area depicted. A marijuana dispensary facility shall have a lobby waiting area at the entrance to the center to receive clients, and a separate and secure designated area for dispensing marijuana to qualified patients or designated primary caregivers. The primary entrance of any stand-alone facility shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways. All storage areas shall be shown and labeled.

(2)

Odor controls. A facility shall provide a plan for the mitigation and control of odors and other environmental impacts which may emanate from a facility. Such plan shall describe the ventilation system for the premises. Appropriate ventilation systems to prevent any odor of marijuana of fumes from leaving the premises of a facility or other changes to a facility may be required to abate a public nuisance.

(k)

Signage.

(1)

A sign for a marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or marijuana testing facility shall comply with the requirements of chapter 22 of this Code, or any ordinance enacted hereafter regulating signs.

(2)

A sign for a marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or marijuana testing facility shall be located on the same premises as the facility.

(l)

Each facility shall provide off-street parking and comply with all parking regulations for the zoning district in which the facility is located.

(m)

Each facility shall at all times possess a current city business license. By obtaining a city business license, the facility licensee irrevocably consents to the immediate closure and cessation of operation of the facility in addition to all other penalties or remedies available by law for the failure to possess a current city business license.

(n)

It shall be unlawful for any person to distribute, transmit, give, dispense or otherwise provide marijuana as a home occupation.

(o)

No marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or marijuana testing facility shall be operated within the city without a valid license issued by the Missouri Department of Health and Senior Services. No marijuana or marijuana-infused products shall be acquired, certified, cultivated, delivered, manufactured, processed, sold, stored, tested, or transported within the city, except by persons or entities licensed for such purposes by the Missouri Department of Health and Senior Services.

(p)

Application review process.

(1)

Site review permit. This preliminary permit reviews the proposed marijuana related use for compliance with the city's zoning and location standards prior to issuance of state license. A draft of proposed security and floor plans should also be provided. Site review approval shall expire, and be of no effect, one year after the date of issuance thereof. Site review and approval shall be conducted administratively.

(2)

Business license. Once state licensing has been received, the business license shall include all relevant state approvals and approved operating plans and security plans.

(Ord. No. 19-16, § 3, 6-17-19; Ord. No. 23-09, § 3, 3-13-23)

A.

In addition to all other pertinent and applicable regulations, the following special conditions shall apply to retail tobacco stores:

1.

No retail tobacco store shall be permitted within 750 feet of any property zoned and/or used for residential, eleemosynary, religious, school, or public use, or within 300 feet of the right-of-way line of Manchester Road. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the establishment to the closest point on any property line of the residential, eleemosynary use, religious institution, school, public building or public park.

2.

No retail tobacco store shall be allowed to locate or expand within 750 feet of any other such business or establishment or of any business licensed to sell or serve alcoholic beverages, whether or not such business is also an establishment as defined in this section. The distance between any two retail tobacco stores or between a tobacco retail store and a business selling or serving alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest exterior structural wall of each business.

3.

All access to and from a retail tobacco store shall be provided from a street classified as a public right-of-way.

4.

The property on which a tobacco retail store is located shall have a minimum of 100 feet of frontage on a public right-of-way.

5.

Off-street parking shall be provided pursuant to the City Code.

6.

All landscaping and screening requirements otherwise required by the Ballwin City Code shall be observed.

7.

Signage for a facility in which a retail tobacco store is located shall be pursuant to Chapter 22 of the City Code as it pertains to a retail tobacco store.

8.

Lighting of the parking area shall conform to the requirements of the City Code.

(Ord. No. 23-30, § 2, 12-11-23)

A.

In addition to all other pertinent and applicable regulations, the following special conditions shall apply to cigar bars, hookah lounges, and vapor lounges:

1.

No cigar bar, hookah lounge, or vapor lounge shall be permitted within 750 feet of any property zoned and/or used for residential, eleemosynary, religious, school, or public use. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the establishment to the closest point on any property line of the residential, eleemosynary use, religious institution, school, public building or public park.

(Ord. No. 23-30, § 3, 12-11-23)