The district regulations hereinafter set forth in this article qualify or supplement, as the case may be, the district regulations appearing elsewhere in this ordinance.

Public, semipublic or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is built.

Single-family dwellings may be increased in height by not more than ten feet when the side and rear yards are increased over the yard requirements of the district in which they are located by not less than ten feet, but they shall not contain more than three stories.

(A)

Satellite earth stations having a diameter greater than 24 inches may be allowed in the rear yards in any district, provided that they meet the following criteria.

(1)

Only one such satellite earth station per single-family dwelling unit, multiple-family development, or commercial operation may be installed, except for franchise holders licensed by the City of Ballwin in accordance with the applicable provisions of the Code of Ordinances of the City of Ballwin.

(2)

Such stations may not exceed a maximum height of 14 feet in any district.

(3)

Such stations may only be installed on the ground in the R-1, R-2, R-3, and R-4 districts, and in the PSD and C-1 districts in conjunction with residential development. These stations may be installed on rooftops in the PSD, C-1, C-2, C-3 and S-1 districts, provided that they are visually screened and such screen to be approved by the city planner in accordance with criteria established by the board of aldermen by resolution from surrounding rights-of-way and residential land uses.

(4)

With the exception of the height limitation imposed herein, all ground-mounted satellite earth stations shall conform to the requirements for accessory structures as outlined in section 17 of article XVI of the zoning ordinance.

(5)

Satellite earth stations shall be painted a color which blends with its [their] surroundings and may bear no form of advertising or identification on the antenna or framework other than small manufacturers identification plates.

(6)

Satellite earth stations having a diameter less than 24 inches are exempted from the provisions of this section.

(B)

Church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires,

chimneys, elevator bulkheads, stacks, conveyors and flagpoles may be erected to such height above the maximum height limitation of the applicable zoning district as may be authorized by the board of aldermen of the City of Ballwin, Missouri, by a special permit of [or] general ordinances.

(Ord. No. 1739, § I, 3-18-85; Ord. No. 1880, § 1, 2-23-87; Ord. No. 2591, § 1, 4-14-97)

The open area and parking spaces provided on that portion of a lot or integrated development situated in a dwelling district and used for parking under the provisions of a special permit granted pursuant to article XIV of this zoning code shall not be included in computing the floor area ratio of the lot or development unless the special permit specifically authorizes inclusion of such open area and parking spaces in such computation.

Where lots have a double frontage, the required front yard shall be provided on both streets.

An open, uncovered porch or paved terrace may project into a required front yard for a distance not exceeding ten feet.

Fixed canopies and marquees may project into a required front yard in the C-1, C-2, C-3 and S-1 districts.

A.

No fence or structure shall be erected, constructed or maintained between the city's right-of-way line and the building line along the street in front of a dwelling. Additionally, for a side street on corner lots or on a lot with double frontage located within a dwelling district, no fence or structure is permitted closer than three feet from either the city's right-of-way line on sides where there is no sidewalk, or closer than three feet from the sidewalk edge which is closer to the building line on sides where there is a sidewalk.

B.

If an applicant seeks to construct a fence or structure on a side street of a corner lot or on a lot which has double frontage in a dwelling district, and if said fence or structure would be located greater than three feet from the city's right-of-way line on a side where there is no sidewalk, or greater than three feet from the sidewalk edge closest to the building line on a side where there is a sidewalk, the applicant shall first obtain a permit from the city. Pursuant to this, applicant shall submit a site plan for approval, which shall show the following:

1.

The location of the fence;

2.

The height of the fence;

3.

The proposed landscaping on the right-of-way side of the fence;

4.

An illustration of the type of fence to be erected; and

5.

The approximate grade (elevations) of both sides in the area of the fence.

The site plan or other application shall contain an agreement by the property owner that the fence shall be maintained; permit annual inspection by the city; and the property owner shall agree to make any repairs found necessary after such inspection, on penalty of revocation of such permit.

C.

Front yard fences approved by the city under the provisions of this section shall be erected in a manner which is uniform and harmonious with similar existing fences in the neighborhood as follows:

1.

All fences shall generally be erected on private property. Fences may only be placed in public right-of-way subject to special conditions approved by the board of aldermen.

2.

All fences shall have a gate providing access to the right-of-way for maintenance purposes.

3.

All fences shall be erected with the finished side facing the roadway unless adjoining previously existing fences that are built with the unfinished side out. Only in this situation, with the approval of the city, may the fence be erected with the unfinished side facing the roadway.

4.

Fences shall blend with existing nearby front yard fences in orientation, color, style, height, materials of construction and location.

(Ord. No. 1169, § 2, 1-13-75; Ord. No. 1663, § II, 12-12-83; Ord. No. 2239, § 1, 2-24-92; Ord. No. 2432, § 1, 3-27-95; Ord. No. 25-16, § 2, 8-11-25)

No fence, structure or planting higher than 2½ feet above the street grades shall be maintained within 15 feet of any street intersection.

Filling station pumps and pump islands may be within a required front yard, provided they are not less than 20 feet from any street line except for land lying along and adjacent to Manchester Road where they cannot be less than 40 feet from any street lines, 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 fuel and no filling station pumps or pump islands shall be located within 50 feet of the boundary of any dwelling district.

(Ord. No. 1798, § V, 3-24-86)

No off-street parking facilities may be located within any required front yard except as provided by special permit granted under provisions of article XIV.

On a corner lot the width of the yard along the side street shall not be less than any required front yard on such street; provided, however, that the buildable width of such lot shall not be reduced to less than 30 feet in the R-1, R-2, and R-3 single-family dwelling districts nor to less than 25 feet in any other district. No accessory building shall project beyond the front yard line on either street.

A porte-cochere or canopy may project into a required side yard, provided every part of such porte-cochere or canopy is unenclosed; provided further, however, that a porte-cochere or canopy existing and standing in a required side yard prior to July 11, 1966, may be enclosed; provided further, however, that every part of a porte-cochere or canopy, whether enclosed or unenclosed, shall be not less than five feet from any side lot line.

(Ord. No. 1009, 1-8-73)

No required side yard in any dwelling district shall be used for off-street parking except as provided in a special permit granted under provisions of article XIV.

Where a lot abuts upon an alley, one-half of the alley width may be considered as part of the required rear yard.

Accessory structures, except fences and retaining walls which may be built anywhere on a site shall be placed and erected in accordance with the following regulations:

(1)

In a rear yard no closer than five feet to the rear lot line, except in the case of the C-1 and C-3 districts when such rear yard abuts a residence district in which case the standard rear yard setback provision of the applicable zoning district applies.

(2)

In accordance with the minimum side yard setback requirement of the zoning district in which the accessory structure is to be erected.

(3)

All fully roofed structures and any structure or enclosure that may be used to store hazardous or combustible materials, fuels, fuel-powered vehicles and/or equipment shall be located no closer than ten feet to the main structure. For purposes of example and not by way of limitation, roofed structures includes gazebos, sheds, barns, carports, porte-cocheres, garages, storage containers, but shall not include unroofed structures or partially covered structures such as arbors, pergolas, or lattices.

(4)

Be built of a material and in a style that is architecturally compatible with the main building on the premises. In addition to the above regulations, accessory structures shall be placed and erected in accordance with the following regulations:

A.

No more that 20 feet in overall height.

B.

Not greater in gross floor area than the smaller of 1½ times the ground floor area of the main building on the premises, or 25 percent of the minimum rear yard required by the applicable zoning district classification of the parcel of land where it is being built.

(Ord. No. 01-41, § 4, 6-11-01; Ord. No. 01-55, § 1, 8-29-01; Ord. No. 03-57, § 2, 10-27-03)

No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes unless the main building on the lot is also being used.

Every part of a required yard shall be open to the sky unobstructed, except:

(1)

As may be otherwise provided in this ordinance;

(2)

For open or latticed-enclosed fire escapes, fireproof outside stairways, unenclosed porches, marquees and balconies opening upon fire towers projecting into a yard not more than five feet;

(3)

For the ordinary projections of chimneys, flues, sills, belt courses, cornices and ornamental features projecting into a yard more than 18 inches when placed so as not to obstruct light and ventilation and when permitted by the building commissioner;

(4)

For fences, as may be otherwise permitted and regulated by existing or future ordinances of the City of Ballwin;

(5)

For signs as may be otherwise permitted and regulated by existing or future ordinances of the City of Ballwin, in front yards.

(Ord. No. 583, 1-23-67)

More than one main building may be erected on a lot in the case of commercial or industrial buildings in the C-1 and S-1 districts and of group dwellings in a multiple dwelling district, provided that all yards otherwise required on the lot for a single building are observed, and provided further, that all dwelling structures are arranged around a court opening on a street, which court shall have a minimum width of 30 feet where not more than 50 percent surrounded by buildings and of 40 feet where more than 50 percent surrounded by buildings plus ten feet for each additional story above the first. The distance between such dwelling structures shall be not less than the sum of the side yards required in the district and the distance between any group dwelling and a side lot line shall be not less than the required rear yard in the district.

Whenever the use of a tract of land is permitted, either under the general regulations or by a special use permit, for the purpose of a community building, library, school, kindergarten, nursery school or church, such use shall be situated on a tract of land having an area not less than as set out below:

(1)

Community buildings shall be situated on tracts of land at least two acres in area.

(2)

Libraries shall be situated on tracts of land at least two acres in area.

(3)

Nursery schools shall be situated on tracts of land at least one-half acre in area.

(4)

Kindergartens (separate) shall be situated on tracts of land at least one acre in area.

(5)

Primary schools shall be situated on tracts of land at least three acres in area.

(6)

Junior high schools shall be situated on tracts of land at least ten acres in area.

(7)

Senior high schools shall be situated on tracts of land at least 20 acres in area.

(8)

Universities, colleges or junior colleges shall be situated on tracts of land at least 20 acres in area.

(9)

Churches shall be situated on tracts of land at least one acre in area.

Except as may be otherwise specifically provided herein and in article IX, section 2(1)(32), no tract of land, lot or premises shall be used for the sale, display or storage of any merchandise, material, article or thing unless such merchandise, material, article or thing is kept within a building which is completely enclosed.

(Ord. No. 14-30, § 1, 10-27-14)

(1)

One amusement device is permitted as an accessory use for the following listed uses for each 300 square feet of gross floor area of the building in which the amusement devices will be located; provided that the maximum number of amusement devices which may be had and maintained by any one of the uses listed below shall be limited to three in number and no more than three pool/billiard tables shall be allowed at any location or business:

(a)

Parks, playgrounds and community buildings in the C-1 zoning district.

(b)

Private clubs and lodges in the C-1 district.

(c)

Retail establishments with a gross floor area of 30,000 square feet or greater; provided, however, that such amusement devices are located in an open area near the main entrance of such retail establishment.

(d)

Batting cages, bowling alleys, skating rinks and other uses allowed in the C-1 district special use exception pursuant to Article XIV, Section 1(17).

(2)

One amusement device is permitted as an accessory use for the following listed uses for each 300 square feet of gross floor area of the building in which the amusement devices will be located:

(a)

Restaurants where food is served for consumption in the building in which prepared in the C-1 zoning districts.

(b)

Establishments for the sale of intoxicating liquor by the drink for consumption on the premises where sold in the C-1 zoning district.

(c)

Public recreational buildings and facilities in the public activity zoning district.

(3)

All revenue derived from the utilization of amusement devices at any location in Ballwin shall be subject to all sales taxes that may be applicable under state and local regulations.

(Ord. No. 1251, § 3, 5-10-76; Ord. No. 1341, § 1, 8-8-77; Ord. No. 1576, § I, 1-11-82; Ord. No. 1846, § I, 10-13-86; Ord. No. 2302, § I, 3-22-93; Ord. No. 08-14, § 1, 5-12-08; Ord. No. 12-25, § 6, 5-14-12)

A jukebox is permitted as an accessory use to the following described uses in the districts indicated:

(a)

Parks, playgrounds and community buildings in the C-1 and public activity districts.

(b)

Lodge halls or clubs in the C-1 district.

(c)

Ice skating rinks or arenas in the C-1 district.

(d)

Bowling alleys in the C-2 district.

(e)

Private clubs in the C-3 district.

(f)

Private clubs and lodges where allowed by special permit.

(g)

Restaurants where food is served for consumption in the building in which prepared in the C-1, C-2, C-3 and R-4 districts.

(h)

Establishments for the sale of intoxicating liquor by the drink for consumption on the premises where sold in the C-1, C-2, C-3, and R-4 districts.

(Ord. No. 1251, § 4, 5-10-76; Ord. No. 1847, § I, 10-13-86; Ord. No. 12-25, § 6, 5-14-12)

Purpose: The purpose of these regulations is to permit special events on public and private property provided that the property rights, health and safety, and general wellbeing of nearby residents, businesses, property owners, or the community are not negatively impacted. A special event permit is a privilege not a right. Such permits will only be issued if all departments of the city are satisfied the event is planned in a manner to minimize disruption to the community and presents no danger to the public health, safety, or welfare.

(a)

Permission: Written permission shall be submitted from the owners of all private properties on which the special event shall be held. Such written permission shall be provided to the city in conjunction with the submission of the permit application. In the case of commercial property, permission may be granted by an authorized leasing agent of the property.

(b)

Public safety: The city shall not issue a permit requested under any provision of section 25 of article XVI where investigation determines that the public health, safety and welfare will be adversely affected by such event as proposed.

(c)

Authorized: Notwithstanding the provisions of section 22 of article XVI, special events may be conducted on private property in any zoning district of the City of Ballwin.

(1)

Permit required: Special events that will be fully contained on the premises where conducted including the accommodation of parking for the event and in compliance with all signage regulations of the city will not require a permit, but any utilization of adjoining properties or rights-of-way for the event or associated parking will require a permit.

(2)

Permits issued to: Special event permits will only be issued to a property owner or a business licensed at the address of the special event. Third party organizations or individuals such as not-for-profit organizations, concessioners, food vendors, etc. cannot obtain a special event permit for property not owned or licensed for their use. To be involved in a special event, such people or organizations must coordinate with the property owner or a licensed business at the location of the special event.

(3)

Requirements for a permit: The provisions of this ordinance are intended to augment and be in addition to the provisions of the general licensing ordinance of this city [chapter 14 of the Code]. Where this ordinance poses a greater restriction upon persons, premises, businesses or practices than is imposed by the general licensing ordinance of the city, this ordinance shall control.

(4)

Special provisions: The provisions of this ordinance, and the subsequent issuance of a permit in accordance with said ordinance, does not create, extend, entitle or guarantee to the applicant or event any special privileges, variances, or exemptions from following all existing state, county, and local laws.

(5)

Duration and frequency: In no event shall more than four special event permits be issued to a permittee at any one location in any one calendar year. A permit issued hereunder shall extend for a period of not more than four days, measured in continuous 24-hour periods, Sundays and legal holidays included.

(d)

Restricted location: When a person or entity applying for a special event permit operates more than one place of business or controls more than one noncontiguous property, the permit issued shall apply only to the location specified in the application; and no other location shall advertise or represent that it is cooperating or participating in any way with the special event; nor shall the location conducting the special event advertise or represent that any other location is cooperating with or participating in any way in the special event.

(e)

Application requirements:

(1)

A person or entity desiring to conduct an event regulated by section 25 of article XVI shall provide the city, by written application, the following information:

(i)

The address and description of the location of the special event.

(ii)

The special event permit application must be accompanied by a site plan, which shows the locations of all existing and proposed structures, all activity areas, portable toilets, support facilities, paths for emergency vehicles, parking areas, etc. A route map must be provided for off-site events involving parades, runs, walks, etc.

(iii)

The name, address and all contact information for the permit applicant including documentation of legal interest in the property where the special event will be held.

(iv)

The name, address and all contact information for the owner of the property where the special event will be held.

(v)

The name, address and all contact information for the sponsor or the beneficiary of the special event if different from the applicant.

(vi)

The dates and times the special event is to be conducted.

(vii)

Any applicant subject to the business license requirements of chapter 14 and/or the liquor license requirements of chapter 3 must provide proof of valid licenses upon application. No special event permit shall be issued without valid business and liquor licenses issued by the City to include the entire event period.

(viii)

If tents will be erected in conjunction with a special event, the size and location of each tent must be shown on the site plan. The applicant shall provide proof with the application that each tent meets all minimum fire code and flame retardant regulations of the applicable building codes.

(ix)

Specials events, at which a minimum of 100 people are expected to be present at peak hour(s), and where sewered toilets are not readily available to accommodate anticipated attendance, are required to provide portable toilets and hand washing facilities. If portable toilets are required, the applicant must obtain a permit from the St. Louis County Department of Health.

(x)

If a fireworks display is proposed as a part of a special event, a permit from the fire district having jurisdiction is required in addition to the special event permit issue by Ballwin. Additionally, the permittee must provide proof that it possesses liability insurance in the amount of no less than one million dollars. If such insurance is provided by a pyrotechnics subcontractor, the insurance must list the permittee as a coinsured.

(xi)

It shall be the responsibility of the applicant to comply with all permit and inspection requirements of any other regulating authority with jurisdiction over the event.

(f)

Permit issuance: A permit shall be issued under the following terms:

(1)

Special event permits shall be issued by the city clerk.

(2)

Any permit hereunder provided shall not be assignable or transferable without the written authorization of the city clerk.

(3)

The police department and the building inspector may be asked to review and comment on special event permit applications.

(4)

Special event permits may be issued with additional requirements attached as conditions of the permit's approval and issuance. Such additional restrictions must be met at all times.

(5)

The applicant shall keep the special event permit and any letter of conditions on the premises during the event; however, these documents need not be posted.

(g)

Penalty: Failure to comply with the requirements of this ordinance shall be subject to the penalty provisions of section 1-6 of the Ballwin Code of Ordinances.

(Ord. No. 1606, § I, 11-8-82; Ord. No. 2039, § 1, 10-23-89; Ord. No. 2485, § 1, 11-27-95; Ord. No. 2670, § 1, 3-9-98; Ord. No. 11-33, § 1, 8-15-11; Ord. No. 11-53, § 1, 11-14-11; Ord. No. 14-32, § 2, 10-27-14; Ord. No. 16-09, § 1, 2-22-16)

Churches or temples shall be situated on tracts of land at least one acre in area, and shall comply with the following requirements:

(a)

Parking lot areas shall be set back 20 feet from any residential property line.

(b)

The 20-foot buffer with respect to residential property lines for parking lot areas shall be landscaped with berms and similar green screening landscaping in order to provide a minimum 80-percent visual screening from an adjacent residential property.

(c)

Churches located in a residential zone may not exceed a height of 45 feet.

(d)

A traffic study showing the impact of the proposed church on the neighborhood shall be made. This study must address the percentage increases in local traffic as well as the capacity of the existing roadway system to accommodate the additional traffic.

(e)

No person shall erect any church or any addition thereto in any residential district, having exterior walls constructed of any material other than brick or stone masonry.

(f)

A stormwater runoff study shall be made showing the impact of the proposed church and its paved parking and driveway areas on the surrounding neighborhood. This study must show what steps will be taken in order to adequately protect surrounding properties from any increased stormwater runoff.

(g)

All churches located in a residential district must comply with the following minimum yard setbacks:

(1)

Front yards—40 feet.

(2)

Rear yards—35 feet.

(3)

Side yards—30 feet.

(Ord. No. 1734, § I, 2-11-85)

(a)

It shall be unlawful for any person to use any structure in the city for the operation of a nursing home, home for the aged, home for the senile or any establishment where people are boarded for hire or otherwise, unless such structure is located and situated more than 600 feet distant from any other structure used for living quarters or business or entertainment purposes.

(b)

A building permit will not be issued for the construction of any structure which will be in violation of this section.

(c)

The board of aldermen is authorized through its officers and agents to proceed in a civil action to restrain any use in violation of this section.

(Code 1973, § 6-4)

No lawn, landscape or turf maintenance equipment may be stored or parked outside of a fully enclosed structure in a single-family residential district except that up to two pieces of such equipment, when used for maintenance of the premises upon which it is stored, may be stored outside of a fully enclosed building if it is stored behind the building line, and is not visible from adjoining rights-of-way. Such outdoor storage shall be allowed in the rear yard of double frontage lots where the second frontage is along the rear of the lot as determined by the orientation of the main building and the trailer is parked behind the building setback line along the rear frontage.

(Ord. No. 01-41, § 5, 6-11-01; Ord. No. 01-55, § 2, 8-29-01)

Any home-based business owned or operated by the owner or tenant of the residential dwelling that is "no impact" pursuant to Sections 71.990 and 89.500 of the Revised Statutes of Missouri including being incidental and secondary to the principal use of the residential dwelling unit shall be permitted in any such residential dwelling unit, provided it complies with the following criteria:

1.

The use of the residential dwelling unit for the home-based business shall be clearly incidental and secondary to its use for residential purposes by its occupants and shall under no circumstances change the residential character of said residential dwelling.

2.

There shall be no exterior storage of equipment or material used in connection with the home-based business.

3.

The activities of the business shall only occur inside the residential dwelling unit or in the yard and shall not be visible from the street.

4.

No mechanical equipment or process shall be used which creates noise, vibration, glare, fumes, odors, or electrical interference detectable outside the residential dwelling unit.

5.

Any need for parking generated by the conducting of such home-based business shall be met by lawful off-street parking.

6.

No alterations or changes to the exterior appearance of the residential building or premises shall be made which detract from the residential nature or appearance of the residential dwelling unit.

7.

Delivery or pickup vehicles shall not restrict or interfere with traffic or parking on rights-of-way adjacent to the residential dwelling unit where the residential business accessory use is conducted.

8.

No home-based business shall involve commercial vehicle traffic on or in the vicinity of the residence. For the purpose of this section, "commercial vehicle" shall be defined as any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:

(a)

Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or

(b)

Is designed or used to transport more than eight passengers (including the driver) for compensation; or

(c)

Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or

(d)

Is used in transporting material found by the secretary of transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the secretary under 49 CFR, subtitle B, chapter I, subchapter C.

9.

Traffic generated by such home-based business shall not exceed volumes than would normally be expected in the residential area.

10.

A home-based business shall be subject to all applicable laws and its activities shall be limited to the sale of lawful goods and services.

11.

There shall not be any displays or signs other than those permitted in chapter 22 of the city's Code of Ordinances and shall under no circumstances change the residential character of said residential dwelling.

12.

The home-based business shall register with the city to ensure that the business activity of the home-based business is compliant with state and federal law and paying applicable taxes.

13.

Short Term Residential Rentals

A.

Definitions. As used in this subsection, the following terms shall have the prescribed meaning:

Short Term Residential Rental. The leasing of a residential dwelling, or portion thereof, to overnights guests.

B.

Requirements and restrictions. In addition to all other pertinent and applicable federal, state, and local regulations, including but not limited to tax, occupancy, fire, building, zoning, and property maintenance regulations, the following special conditions shall apply to short term residential rentals:

1.

Prior to offering short term residential rentals, the resident shall register with the city to ensure that the business activity of the short term rental is compliant with state and federal law and paying applicable taxes.

2.

The total number of guests on-site at one time shall not exceed the occupancy limit for the residential dwelling unit.

3.

All vehicles of the resident, overnight guests, and guests of overnight guests shall not violate any parking regulations contained in the city's Code of Ordinances.

4.

Short term rentals shall be subject to compliance with all applicable property maintenance, nuisance, zoning and building code regulations.

C.

Penalties for violation.

(a)

Any act in violation of the requirements set forth in this section is declared to be unlawful and shall be subject to Section 1.6 General Penalty.

(Ord. No. 2103, § 1, 7-23-90; Ord. No. 18-05, § 1, 4-23-18; Ord. No. 22-38, § 1, 12-12-22)

(a)

The following lighting standards shall be applicable to all residential properties within the city:

(1)

All lighting shall be aimed, located, designed, fitted and maintained so as not to create glare that presents a hazard or nuisance to drivers and/or pedestrians, generates nuisance glare or produces prohibited light trespass on neighboring properties.

(2)

Lights must be of full cutoff design as depicted in subsection (d) hereof and screened from adjacent properties in a manner that limits light trespass to one-tenth of a foot-candle as measured at ground level at the property line or the lowest elevation at the property line, to avoid obstructions.

(b)

The following lighting standards shall be applicable to all nonresidential properties within the city:

All lighting shall be aimed, located, designed, fitted and maintained so as not to create glare that presents a hazard or nuisance to drivers and/or pedestrians, generates nuisance glare or produces prohibited light trespass on neighboring properties. Illumination from light trespass shall not exceed one-tenth foot-candles as measured at the property line for adjacent residential property or one-half foot-candles as measured at ground level at the property line or the lowest elevation at the property line, to avoid obstructions, for adjacent nonresidential property.

(c)

Outdoor athletic facility. High-intensity or special purpose lighting of outdoor athletic facilities or entertainment venues shall require a conditional use permit as governed by article XIV, Special Use Exception Regulations. Conditions related to the following may be imposed by the board of aldermen:

(1)

Hours of operation.

(2)

Pole height.

(3)

Illumination levels at the property line.

(4)

Minimum setback distance from the property line.

(d)

Lighting design for multifamily, office, commercial and industrial developments. All new exterior lighting fixtures installed within the city for multifamily, office, commercial or industrial developments shall utilize cutoff or full cutoff designs to ensure that no light is emitted above a horizontal plane, as depicted in the graphic below. The replacement of fixtures within existing projects in the city shall be brought into compliance with this section.

(e)

The City of Ballwin shall have the right to inspect completed lighting installations to assure compliance with the requirements of this chapter. Any lighting or light fixture which is not erected, installed or maintained in accordance with the provisions of this chapter shall be removed by the property owner of the land on which the lighting or light fixture is situated within 15 days of notice by the city. If the owner fails to act after 15 days' notice, the city may refer the matter to municipal court and the penalty provisions in section 1 - 6 of this Code shall apply upon a plea or finding of guilt.

(Ord. No. 23-22, § 1, 10-9-23)

(a)

Screening of roof-mounted equipment. All new commercial developments which feature rooftop equipment or fixtures, as well as any existing commercial developments where rooftop equipment or fixtures are being relocated, shall include design elements such as parapets, false façades, privacy fencing, or other architectural treatments that fully conceal all rooftop equipment and fixtures. The height of said design elements shall be at least six inches taller than the highest point of the equipment which is being screened. Said design elements shall be applied consistently and in a manner that is compatible with the overall design of the building and is uniform across all building facades visible from off-site and throughout the development site.

(b)

Screening of flat roofing. All new commercial developments which feature flat roofing on any structure shall include design elements on said structure such as parapets, false façades, privacy fencing, or other architectural treatments that fully conceal the flat roofing from view. The height of said design elements shall be as tall as is needed to conceal the flat roofing from view from ground level of neighboring properties, but in no case shall it be shorter than two feet. Said design elements shall be applied consistently and in a manner that is compatible with the overall design of the building and is uniform across all building facades visible from off-site and throughout the development site.

(Ord. No. 25-17, § 1, 8-11-25)