Clayton City Zoning Code
ARTICLE II
General Regulations
Section 405.130 Land Use
[Ord. No. 5814 §1(2.1), 4-27-2004; Ord. No. 5935 §1(2.1), 7-11-2006]
No land, premise or structure shall be used for any purpose other than those permitted by right or conditional use permit in the subject district.
Section 405.140 Structures in Compliance With Permitted Land Uses
[Ord. No. 5814 §1(2.2), 4-27-2004; Ord. No. 5935 §1(2.2), 7-11-2006]
No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered for a use not permitted in the subject district.
Section 405.150 Structures in Compliance With District Land Area Regulations
[Ord. No. 5814 §1(2.3), 4-27-2004; Ord. No. 5935 §1(2.3), 7-11-2006]
No building or structure shall be erected, converted, enlarged or structurally altered except in compliance with all regulations established for the district in which such building is located.
Section 405.160 Temporary Buildings
[Ord. No. 5814 §1(2.4), 4-27-2004; Ord. No. 5935 §1(2.4), 7-11-2006]
Temporary buildings for construction purposes are permitted in all districts. Temporary buildings are required to meet specific criteria established by the City's Building Code.
Section 405.170 Structures in Compliance With Off-Street Parking and Loading Requirements
[Ord. No. 5814 §1(2.5), 4-27-2004; Ord. No. 5935 §1(2.5), 7-11-2006]
No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the off-street parking and loading requirements found in Article XXV of this Chapter. Off-street parking spaces on the property of the existing building(s) and/or structure(s) shall be maintained so long as the building(s), structure(s) and/or use remains unless an equivalent number of spaces are provided at another off-street location in conformance with this Chapter. In the event of change in use, the parking requirement for that use will govern.
Section 405.180 Lot Area Requirements
[Ord. No. 5814 §1(2.6), 4-27-2004; Ord. No. 5935 §1(2.6), 7-11-2006]
The minimum yard and/or open space required for a building/structure by this Chapter shall not be encroached upon or considered as part of the required yard or open space for any other building/structure. Additionally, lot area shall not be reduced below the requirements of this Chapter except as specifically provided for by this Chapter.
Section 405.190 One Structure For One Lot
[Ord. No. 5814 §1(2.7), 4-27-2004; Ord. No. 5935 §1(2.7), 7-11-2006]
Every primary building, dwelling unit or structure erected, converted, enlarged, reconstructed or structurally altered shall be located on a lot as defined by this Chapter, and in no case shall there be more than one (1) main building or one (1) dwelling unit on one (1) lot except as specifically provided by this Chapter.
Section 405.200 One Family For One Dwelling
[Ord. No. 5814 §1(2.8), 4-27-2004; Ord. No. 5935 §1(2.8), 7-11-2006]
Every family/household shall live in an individual dwelling unit, and in no case shall there be more than one (1) family residing in a single dwelling unit.
Section 405.210 Conditional Uses
Section 405.220 Planned Unit Development or Special Development Districts
[Ord. No. 5814 §1(2.10), 4-27-2004; Ord. No. 5935 §1(2.10), 7-11-2006; Ord. No. 6022 §1(Att. B), 7-8-2008]
Any use or proposed development within a planned unit development district or special development district will require a rezoning as defined in Article XI "Text Amendments And Rezoning" of this Chapter.
Section 405.230 Right of Entry
[Ord. No. 5814 §1(2.11), 4-27-2004; Ord. No. 5935 §1(2.11), 7-11-2006]
The Director of Planning and Development Services or his/her designee shall have the authority to enter any structure or premises at any reasonable time when the Director of Planning and Development Services or his/her designee has reasonable cause to believe that a violation of this Chapter exists. Prior to entering into a space not otherwise open to the general public, the Director of Planning and Development Services or his/her designee shall make reasonable effort to locate the owner or other person having charge or control of the structure or premises, present proper identification and request entry. If requested entry is refused or not obtained, the Director of Planning and Development Services or his/her designee shall pursue recourse as provided by law.
Section 405.240 Front Yard Prohibitions
[Ord. No. 5814 §1(2.12), 4-27-2004; Ord. No. 5935 §1(2.12), 7-11-2006; Ord. No. 6393 §1, 10-13-2015]
Except as provided in Section 505.125, Mobile Food Vending, the sale, display or storage of food products, magazines, newspapers, commodities, goods, wares or merchandise is prohibited in the front yard of all zoning districts. No parking space or facility may be located within any required front yard except as provided by a conditional use permit.
Section 405.250 Group Homes
[Ord. No. 5814 §1(2.13), 4-27-2004; Ord. No. 5935 §1(2.13), 7-11-2006]
Total occupancy of group homes shall be limited by Missouri Statutes and the International Property Maintenance Code as related to maximum occupancy. The exterior appearance of the group home and property shall be in reasonable conformance with the general neighborhood standards. No group home shall be permitted within five hundred (500) feet from any existing group home.
Section 405.260 Child Day Care Homes
[Ord. No. 5814 §1(2.14), 4-27-2004; Ord. No. 5935 §1(2.14), 7-11-2006]
A.
Home child care facilities may be permitted as a conditional accessory use in the "R-1", "R-2" and "R-3" residential zoning districts upon issuance of a home day care permit as follows:
1.
Child care providers caring for five (5) or more children (including children related to the care provider) may provide home day care services in a residence if the property owners and, if different, the adult occupant(s) of the property apply for and are issued a home day care permit pursuant to this Section.
2.
No home day care permit for a child day care home may be granted to any person who does not personally provide the day care service to the children in attendance and no facility may be permitted or allowed to continue to operate if any person not residing in the home is involved in providing care to the children in attendance. Any home day care permit issued under the provisions of this Section shall be so limited such that the number of children on the premises under the age of thirteen (13) years, including the operator's children, shall not exceed ten (10) at any one time. Home day cares with four (4) or fewer children (including the operator's children) are exempt from a home day care permit. The granting of a home day care permit for a home day care will be contingent on the grantee securing a State license for the same.
3.
For the purposes of approval of a child day care home, a site plan need not provide a surveyor's seal or statement of verification. The application for a home day care permit shall include:
a.
A diagram of the main building on the property designating the areas to be utilized in providing the service and the number of square feet on the premises available for outside recreation for the children.
b.
Any and all physical changes to be made to the interior and exterior of the property in association with such services.
c.
Copy of a State child day care license application and/or any license issued by the State of Missouri for the same.
d.
Detailed information as to the days and hours which service is to be available.
e.
The maximum number of children to be cared for, including children residing in the home, under the age of thirteen (13) years.
f.
Information as to how parking for clients is to be provided.
4.
Upon receipt of the home day care permit application, plans and supporting documents, the Director of Planning and Development Services or his/her designee shall review the documents to determine completeness. If the Director determines the submittal is complete, then the submittal can be forwarded to the Plan Commission.
5.
The Plan Commission may approve as submitted, recommend additional conditions to mitigate possible negative impacts or deny the home day care permit. It shall be the responsibility of the applicant to clearly establish that the following criteria are met:
a.
The service can be provided without disturbing the appearance and tranquility of the neighborhood.
b.
The premises can accommodate the reasonably required off-street parking and any physical changes reasonably necessary to provide the service.
c.
There are at least seven hundred fifty (750) square feet of contiguous fenced outside play area in the rear yard of the premises regardless of the number of children to be cared for and that such play area does not include any common ground, public property or any other property where possession is in fact shared with other residents or where other residents have the right to use such property.
6.
The application may be approved subject to meeting the aforementioned criteria and such reasonable conditions as may be necessary to avoid adverse impact on nearby properties. Any permittee shall also be required to obtain and maintain in force a business license as required by the Finance Department of the City of Clayton.
7.
Child day care home approval shall not be issued, and may be revoked if previously issued, if the operator thereof or any person regularly on the premises has committed an act demonstrating a lack of fitness to care for children including, but not limited to, the following:
8.
Child day care home approval shall not be issued, and may be revoked if previously issued, if the operator of the facility operates it in such a manner that the residential character of the neighborhood is disturbed. For this purpose, the operator shall not permit the following:
a.
Excessive noise in connection with the operation of the facility which would annoy a person of ordinary sensibility; or
b.
Children to trespass on property where there is no permission for the children to enter; or
c.
Operation of the facility in such a manner as to cause damage to the property of others; or
d.
Operation of the facility in such a manner as to cause or contribute to causing the permitted premises to become deteriorated.
Section 405.270 Drug Rehabilitation Facility
[Ord. No. 5814 §1(2.15), 4-27-2004; Ord. No. 5935 §1(2.15), 7-11-2006]
A.
Inpatient or outpatient facilities for the treatment of alcohol and other drug abuse to be operated and located as stand-alone building(s) only. Drug rehabilitation facilities are conditionally permitted uses within the Service District ("S-1") Zoning District. Drug rehabilitation facilities are subject to the approval of the conditional use permit by the Board of Aldermen as per the provisions of Article VII of this Chapter.
B.
The exterior appearance of the facility must be approved by the Architectural Review Board to ascertain that it is consistent and compatible with its surroundings.
Section 405.280 Townhouse Dwellings.
[Ord. No. 5814 §1(2.16), 4-27-2004; Ord. No. 5935 §1(2.16), 7-11-2006; Ord. No. 6509, 11-28-2017[1]]
A.
Approval of townhouse dwellings occupying more than one (1) platted lot shall require an approved subdivision plat.
B.
Townhouse dwellings may be constructed on adjacent separate lots (fee simple) with a party wall connecting the units and, in such cases, each individual lot shall meet the minimum lot width and lot area requirements provided in this Article, but the side yard setback requirement at the common wall between units shall not apply.
C.
No row of townhouse dwellings shall contain more than five (5) connected dwelling units.
D.
In addition, each dwelling unit shall be provided with outdoor living area in the form of individual patios, balconies, yards or terraces equal to at least twenty percent (20%) of the floor area of each dwelling unit. Enclosed garages shall not be included in the floor area calculations.
[1]
Editor's Note: Ord. No. 6509 also changed the title of this Section from "Attached Single-Family Dwelling Structures (Town House)" to "Townhouse Dwellings."
Section 405.290 Detached Multi-Unit Housing/Multiple Structures On A Single Lot
[Ord. No. 5814 §1(2.17), 4-27-2004; Ord. No. 5935 §1(2.17), 7-11-2006]
A.
A conditional use permit is required in order to allow the development of detached multi-unit housing/multiple structures on a single lot.
B.
Detached multi-family dwellings may be constructed on multiple lots (fee simple), in such cases, each individual lot shall meet the minimum lot area, lot width, setback, height and parking requirements.
C.
Detached multi-family dwellings constructed on a single lot (i.e., condominium; not fee simple) must meet the minimum lot area, setback, height and parking requirements.
D.
In addition, each dwelling unit shall be provided with outdoor living area in the form of individual patios, balconies, yards or terraces equal to at least twenty percent (20%) of the floor area of each dwelling unit. Enclosed garages shall not be included in the floor area calculations.
Section 405.300 Home Occupations
[Ord. No. 5814 §1(2.18), 4-27-2004; Ord. No. 5935 §1(2.18), 7-11-2006]
A.
A home occupation is any profession being conducted in a residential dwelling unit. The regulations governing home occupations are as follow:
1.
The home occupation must not employ on the premise persons not residing in the home as part of the immediate family.
2.
Signage consists of only one (1) non-illuminated nameplate no more than one (1) square foot in area and attached to the building.
3.
No mechanical equipment may be installed except that which has a normal domestic function.
4.
No commodity may be stored on or delivered to others from or at the premises.
5.
No more than twenty-five percent (25%) of the floor area of any story may be used for the home occupation.
6.
Home occupations offering services to the general public on the premises and causing any one (1) of the following nuisances shall be prohibited:
7.
Any home occupation that involves the congregation of two (2) or more non-resident employees, clients, subcontractors or other persons engaging in business activity at a dwelling unit are prohibited.
8.
No commercial vehicle(s) in connection with a home occupation shall be stored or parked on the public street or on the premises, except within a private garage.
Section 405.310 Kiosks
[Ord. No. 5814 §1(2.19), 4-27-2004; Ord. No. 5935 §1(2.19), 7-11-2006]
A.
An exterior self-standing accessory structure in a public place used for providing and disseminating information. Privately owned and operated kiosks may be approved as part of a larger development involving site plan review and/or a planned unit development rezoning, if the development provides adequate open space or public area. No privately owned kiosks may be placed in the public right-of-way.
B.
City-owned and operated kiosks which disseminate public information may be placed on City-owned property. Additionally, City-owned and operated kiosks may be located in the public right-of-way, subject to coordination with and approval by the Department of Public Works.
Section 405.320 Special Development Districts, Planned Unit Developments and Existing Uses
[Ord. No. 5814 §1(2.20), 4-27-2004; Ord. No. 5935 §1(2.20), 7-11-2006; Ord. No. 6022 §1(Att. B), 7-8-2008]
A.
Special development districts approved prior to the enactment of this Chapter shall be deemed to be the same as the existing special development district. Any enlargement, alteration or extension of an existing special development district shall be considered in accordance to Section 405.1320 of this Chapter.
B.
Conditional uses with a planned unit development approved prior to the provisions for planned unit development districts shall be deemed to have received a rezoning to a planned unit development district. However, any enlargement, alteration or extension to a conditional use with a planned unit development deemed approved requires a rezoning to a planned unit development district approved by the Board of Aldermen.
Section 405.330 Accessory Dwelling Units (ADU)
[Ord. No. 5814 §1(2.21), 4-27-2004; Ord. No. 5935 §1(2.21), 7-11-2006; Ord. No. 6802, 1-24-2023]
A.
An accessory dwelling unit (ADU) is a type of accessory structure, either attached or detached, which provides complete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation and is located on the same site as the principal residence. Accessory dwelling units are permitted subject to approval of a conditional use permit as per Article VII of this Chapter and the following criteria:
1.
Accessory dwelling units are only permitted in the "R-1" and "R-2" Large Lot and Single-Family Residential Dwelling Districts, respectively.
2.
Accessory dwelling unit occupants must be related by blood, marriage or adoption to, or be employed by, the occupants of the principal residence. Employees must be engaged to do work on the premises.
3.
An accessory dwelling unit may not be rented, sold, transferred or assigned separately from the principal residence. The owner shall record a deed restriction to this effect as part of the conditional use permit process required for an accessory dwelling unit.
4.
Maximum living area for an accessory dwelling unit in the "R-1" Large Lot Single-Family Dwelling District is two thousand (2,000) square feet.
5.
Maximum living area for an accessory dwelling unit in the "R-2" Single-Family Dwelling District is one thousand (1,000) square feet.
6.
An accessory structure containing an accessory dwelling unit may not exceed twenty (20) feet in height or occupy more than thirty-five percent (35%) of the area of a required rear yard, but no accessory structure shall be closer than ten (10) feet to the principal building nor closer than five (5) feet from any side or rear property line.
7.
An accessory building that is not part of the principal structure shall be located not less than sixty (60) feet from the front property line.
8.
Required parking facilities (i.e., garage) may not be demolished or converted in order to construct an accessory dwelling unit, unless the required parking space(s) are replaced concurrently on the site.
9.
Each accessory dwelling unit shall be provided with one (1) additional parking space in addition to the parking required for the principal residence.
10.
The accessory dwelling unit shall conform to the color, material, architectural style and detailing of the principal residence and shall meet all other applicable Building Code requirements, zoning regulations, developments standards and guidelines.
11.
A landscape plan which provides for adequate screening of the accessory dwelling unit from neighboring properties must be approved by the landscape architect on contract with the City of Clayton.
12.
Any waiver from the above-stated criteria will require approval of a variance from the Board of Adjustment.
Section 405.340 Entertainment Venue Standards
[Ord. No. 6912, 1-14-2025[1]]
A.
All entertainment venues shall submit the following as part of a conditional use permit application and shall comply with approved plans at all times:
1.
A noise abatement plan identifying the intended use and form of amplification, noise levels, soundproofing mechanisms, and other information as requested by the Director of Planning and Development Services.
2.
An operations plan, including the maximum capacity and audience seating and/or standing layouts.
B.
Off-street parking and loading shall be provided in accordance with Chapter 405 based on the requirements of the most similar use listed as determined by the Director of Planning and Development Services.
C.
Outdoor entertainment, including recorded or live music or sound that is electronically amplified, is permitted only at an establishment with an approved outdoor dining permit which allows for dedicated outdoor seating areas for food and beverage service.
E.
The primary entrance to the venue shall not be located along Maryland Avenue.
[1]
Editor's Note: This ordinance also repealed former Section 405.340, Alcohol Service as Accessory Use, adopted by Ord. No. 6398 §2, 10-27-2015.
Section 405.350 Performance Standards And Regulations Relating To Marijuana Facilities
[Ord. No. 6597, 6-11-2019; Ord. No. 6822, 3-28-2023]
A.
The purpose of this Section is to regulate the placement and licensing of facilities for the dispensing, selling, 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.
1.
For the purposes of this Section, “church” shall mean a permanent building primarily and regularly used as a place of religious worship, and “daycare” shall mean a childcare facility as defined by Section 210.201, RSMo., or successor provisions, that is licensed by the State of Missouri.
2.
No marijuana related use, activity or facility shall emit an odor or in any way cause a public nuisance per Chapter 220 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.
3.
No more than a total of three (3) marijuana dispensary facilities will be allowed within the City limits.
4.
Each marijuana testing or marijuana dispensary facility shall be located on properties that meet the following distance requirements:
a.
No marijuana related uses shall be initially sited within five hundred (500) feet of any then-existing elementary or secondary school, child daycare, or church.
b.
No marijuana related uses shall be operated or maintained within five hundred (500) feet of another marijuana related use except when marijuana sales represent less than five percent (5%) 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.
c.
The distances described in this Section shall be computed as follows:
(1)
Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
(2)
In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility.
(3)
In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility's entrance or exit closest in proximity to the school, daycare, or church. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility.
5.
Each marijuana cultivation facility or marijuana-infused products manufacturing facility shall be located on properties that meet the following distance requirements and are subject to the following land area requirements:
a.
No marijuana related cultivation or manufacturing uses shall be originally sited within seven hundred and fifty (750) feet of any then-existing elementary or secondary school, child daycare, or church.
b.
No marijuana related cultivation or manufacturing facility shall be operated or maintained within one thousand five hundred (1,500) feet of another marijuana related use. Marijuana related uses under the same ownership and on the same property are exempt from this requirement.
c.
The distances described in this Section shall be computed as follows:
(1)
Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
(2)
In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility.
(3)
In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility's entrance or exit closest in proximity to the school, daycare, or church. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility.
d.
No marijuana related cultivation or manufacturing facility shall be located, operated or maintained on property that is less than seven (7) acres in size.
6.
The waiting area and the area of a marijuana dispensary facility where marijuana or marijuana-infused products are physically delivered to a consumer, as defined in Article XIV of the Missouri Constitution, shall be separated by a solid wall and solid door so that persons in the waiting area are obstructed from observing the delivery of the marijuana or marijuana-infused products. No loitering will be permitted at any facility.
7.
No marijuana or marijuana-infused product shall be displayed to be visible through glass, windows, or doors by a person of normal visual acuity standing at the outside perimeter of a facility.
8.
“Drug Paraphernalia” as referenced in Section 215.540, and as defined in Section 195.010(18) [excluding subsection (f)], RSMo., as may be amended, may be lawfully sold at a marijuana dispensary facility. Such items may not be publicly displayed.
9.
The sale or consumption of alcohol within a facility is prohibited.
10.
No person under the age of eighteen (18) shall be allowed in any portion of a marijuana testing facility, cultivation facility or products manufacturing facility. The entrance to a facility shall be clearly and legibly posted with notice indicating that persons under the age of eighteen (18) are precluded from entering the premises.
11.
A marijuana dispensary facility shall not dispense more than four (4) ounces of a usable form of marijuana per patient in a thirty-day period, except as otherwise allowed by law [Art. 2, Sec 3(13) of the Missouri Constitution]. All marijuana sold or otherwise distributed shall be in a sealed container. Such packaging shall have a label that indicates the quantity and advises the purchaser that the marijuana is intended for use solely by the patient, and that any resale or redistribution to any third person is a criminal violation.
12.
The consumption, inhalation or other personal use of marijuana or marijuana-infused products on or within the premises of a marijuana testing facility, marijuana dispensary facility, marijuana cultivation facility or marijuana-infused products manufacturing 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.
13.
Security Plans. Marijuana testing facilities, marijuana cultivation facilities, marijuana-infused products manufacturing facility and marijuana dispensary facilities shall provide adequate security on the premises, including, but not limited to, the following:
a.
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 ninety (90) days and be made available to Law Enforcement Officers upon demand.
b.
Inventory. All salable inventory of marijuana must be kept and stored in a secured, locked manner.
c.
Safe. A locking safe or secure vault permanently affixed or built into the premises to store any currency on site.
d.
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.
e.
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.
14.
Operating Plans. As a condition of processing of a conditional use permit 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:
a.
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. 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.
b.
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.
15.
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.
16.
It shall be unlawful for any person to distribute, transmit, give, dispense or otherwise provide marijuana as a home occupation.
17.
No marijuana dispensary facility, marijuana testing facility, marijuana cultivation facility or marijuana-infused products manufacturing 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, delivered, 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.
18.
Application Review Process:
a.
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 (1) year after the date of issuance thereof.
b.
Conditional Use Permit. Once State licensing has been received, the conditional use permit shall include all relevant State approvals and approved operating plans and security plans.
c.
Occupancy Permit. Once a conditional use permit and site review permit is obtained, the applicant shall apply for an occupancy permit.
d.
Business License. Once an occupancy permit is obtained, the applicant shall apply for a business license.
Section 405.360 Outdoor Lighting Standards.
[Ord. No. 6690, 3-23-2021]
A.
These regulations shall be known, cited, and referred to as the Outdoor Lighting Standards Ordinance, Chapter 405, Article II, Section 405.360 of the Land Use Regulations of the City of Clayton. All references to these regulations shall be considered as references to Chapter 405 of the City of Clayton Land Use Regulations.
B.
Applicability. These development standards shall apply only to the areas within the City limits of the City of Clayton. As used in this Section the term “Downtown Clayton” shall mean the geographical area delineated by the boundary line identifying the “study area” shown on Page 9 of the Downtown Clayton Master Plan Update and Retail Strategy, adopted on November 23, 2010.
C.
Purpose. The purposes of the outdoor lighting standards are to:
1.
Provide adequate light for safety and security;
2.
Promote efficient, operationally cost-effective lighting and to conserve energy;
3.
Minimize light pollution, light trespass, and glare from light sources;
4.
Provide an environmentally sensitive nighttime environment;
5.
Prevent inappropriate, poorly designed or installed outdoor lighting; and
6.
Promote quality lighting design; light fixture shielding, establish maximum uniformity ratios and establish maximum light levels within and at property lines.
D.
Legislative History. The City’s Board of Aldermen adopted the outdoor lighting standards of this Section on March 9, 2021, with an amortization provision requiring that the outdoor lighting of all properties in the City be brought into compliance with the standards of this Section no later than five (5) years after the effective date of March 9, 2021.
E.
Scope. This Section shall apply to all exterior lighting that impacts the outdoor environment. No person shall install or maintain any light fixture unless such fixture meets the requirements of this Section. If an existing light fixture is removed, it shall only be replaced with a conforming light fixture.
F.
Design Standards For Non-Residential Land Uses. No person shall install or maintain any exterior lighting that fails to meet the requirements of this Section:
1.
Maximum Horizontal Light Levels. The maximum horizontal light level, defined as the light level that is at existing grade on any point on a property line, shall not exceed 0.1 footcandles within or adjacent to a residential zone or 0.2 footcandles in non-residential zones. In no case shall the maximum allowable light level within the right-of-way, excluding streetlights, exceed 0.2 footcandles when measured at the curb line.
2.
Maximum Vertical Light Levels. The maximum vertical light level defined as the light level that is one story (10 feet) above grade or higher, shall not exceed the levels set forth in 405.360(F)(1).
3.
White Light Source Required. White light sources that include, without limitation, Light Emitting Diode (L.E.D.), metal halide, fluorescent, or induction lamps, but excluding incandescent and halogen lamps, shall be required for any light fixture which exceeds two thousand four hundred (2,400) lumens that is within a parking lot, vehicular circulation, or pedestrian use area.
4.
Architectural lighting of non-residential accessory structures is subject to the same regulations as principal structures.
5.
Shielding means that the outdoor lighting fixture is constructed so that all of the light emitted by the fixture is projected below the horizontal plane of the lowest point of the fixture. Any structural part of the luminaire providing this shielding shall be permanently affixed so that no light is able to be emitted above the horizontal plane.
6.
Color Temperature. All exterior lighting installed after March 9, 2021, shall not exceed a correlated color temperature (CCT) of three thousand one (3,001) degrees Kelvin.
7.
Any light fixture located within twenty (20) feet of a property line, of a residential zoning district, an existing residential use, or within twenty (20) feet of a public right-of-way shall be:
a.
Aimed away from the property line, residential zone, residential use, and/or right-of-way;
b.
Classified as an IESNA Type III or Type IV light fixture; and
c.
Fully shielded by a material that diffuses or obscures the light on the side closest to the property line, residential zone, residential use, or public right-of-way.
G.
Architectural Lighting Of Building Facades For Non-Residential Land Uses. The lighting of a building facade for architectural, aesthetic, or decorative purposes is allowable, provided Architectural Review Board approval has been granted, and subject to the following restrictions:
1.
Upward and downward aimed building facade lighting shall not exceed fifteen hundred (1,500) lumens. All light fixtures shall be fully shielded, and fully confined from projecting into the sky by eaves, roofs, shields, or overhangs, and mounted as flush to a wall as possible.
2.
Building facade lighting shall not spill beyond the vertical surface of the wall being illuminated.
3.
Building facade lighting that is measurable at the ground level shall be included in the maximum allowable light levels.
4.
Kinetic scenes, effects or chasing patterns are prohibited.
5.
Changes in lighting color, location and number of fixtures shall be approved by the Architectural Review Board, except for temporary color changes related to holiday or special event lighting for a maximum period of forty (40) days per occurrence.
H.
Architectural Lighting Of Building Tops. The lighting of a building roof or top for architectural, aesthetic, or decorative purposes is only allowable on properties located within Downtown Clayton, except for: (a) those properties located north of the center line of Maryland Avenue, and (b) those properties located north of the center line of Forsyth Boulevard east of its intersection with Hanley Road, and provided Architectural Review Board approval has been granted, and subject to the following restrictions:
1.
Shall include programmable fixtures which dim as the evening progresses to a maximum level of fifty percent (50%) at 11:00 p.m. and shall be turned off no later than 12:00 a.m.
2.
Energy efficient and designed to minimize glare, light trespass and sky glow.
3.
Building top lighting that is measurable at the ground level shall be included in the maximum allowable light levels.
4.
Kinetic scenes, effects or chasing patterns are prohibited.
5.
Changes to lighting color, location and number of fixtures shall be approved by the Architectural Review Board, except for temporary color changes related to holiday or special event lighting, not exceeding forty (40) days per occurrence. Property owners must notify the Department of Planning and Development Services, in writing, before implementing a temporary color change exceeding ten (10) days.
6.
Exposed linear lamps that include, without limitation, neon, Light Emitting Diode (L.E.D.), and fluorescent lighting, primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement except as permitted by Chapter 425, Sign Regulations, are prohibited as roof top lighting.
I.
Strings Of Lights. No person shall use a string of lights on property with non-residential uses except as follows:
1.
Strings of lights may only be used if they are approved by the City Manager as part of an outdoor lighting plan or landscape plan. The plan must comply with all of the standards of this Subsection. The purpose of such lighting is intended to create pleasing pedestrian spaces, such as outdoor dining or patio areas, utilizing low lighting levels.
2.
Strings of lights permitted under this Subsection shall be displayed in compliance with the following standards:
a.
The string of lights contains only low wattage bulbs that are not greater than fifty (50) lumens per bulb (equivalent to a seven-watt C7 incandescent bulb);
b.
The string of lights shall be located within a pedestrian way, plaza, patio, outdoor dining area, or the primary entry into a building;
c.
The string of lights shall be displayed on a building, wall, fence, trees, and shrubs; and
d.
The string of lights may suspend horizontally between any buildings, walls, fences, trees, or shrubs but may not dip more than forty-five degrees (45°) below horizontal.
J.
Emergency Lighting. Nothing in this Section shall preclude the requirements for emergency lighting as required in the Building Code or Codes of Laws and Ordinances in the City of Clayton. The installation of non-Code required lighting such as emergency call boxes or additional pathway lighting not required by Code, shall comply with all regulations contained with Section 405.360 and shall not exceed nine hundred (900) lumens.
K.
Canopy Lighting. Lighting fixtures mounted under canopies used for vehicular shelter shall be aimed downward and installed such that the bottom of the light fixture or its lens, whichever is lower, is recessed or mounted flush with the bottom surface of the canopy. A full cutoff light fixture may project below the underside of a canopy. All light emitted by an under-canopy fixture shall be substantially confined to the ground surface directly beneath the perimeter of the canopy. No lighting, except that permitted by the sign ordinance, shall be permitted on the top or sides of a canopy.
L.
Flagpoles. A flagpole may be illuminated by no more than four (4) upward aimed fully shielded spotlight light fixtures which shall not exceed three thousand (3,000) lumens in the aggregate. The light fixtures shall be placed as close to the base of the flagpole as reasonably possible.
M.
Standards For Lighting In Residential Areas.
1.
Lighting that emits nine hundred (900) to one thousand two hundred (1,200) lumens is not required to be shielded and is permitted if it is activated by a motion sensor, provided it is aimed and located in such a manner that the light does not trespass over a property line. The light shall only go on when activated and go off within five (5) minutes of activation. Motion sensor activated lighting shall not be triggered by any movement or activity located off the property on which the light is located.
2.
Lighting that emits up to one thousand two hundred (1,200) lumens and not activated by a motion sensor shall be within a fully shielded fixture and shall not trespass over a property line, except as otherwise permitted in this Section. (See Figure 1 of this Section, below.)
 Figure 1: Fully Shielded Fixtures |
Examples of fully shielded light fixtures: Sconce, Pole, Canister, and Canopy. In each case the fixture has a solid housing with a flat lens or bottom and the bulb is fully within the housing. |
N.
Maximum Light Standards. No person shall operate any device which makes light in excess of the levels specified in Appendix A (See Subsection (V) of this Section). Light from any fixture shall not exceed any of the limits for the applicable zoning district or use classification in Appendix A (See Subsection (V) of this Section). In the event an applicant utilizes light levels at the highest level permitted for a specific use area, such lighting shall be substantially confined to that use area.
O.
Prohibitions. No person shall install any of the following types of outdoor lighting fixtures:
1.
Mercury vapor lamps;
2.
Any light fixture that may be confused with or construed as a traffic control device;
3.
Any upward oriented lighting except as otherwise provided for in this Section;
4.
Searchlights, beacons, and laser source light fixtures;
5.
Exposed linear lamps that include, without limitation, neon, Light Emitting Diode (L.E.D.), and fluorescent lighting, primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement except as permitted by Chapter 425, Sign Regulations; and
6.
After March 9, 2026, any lamp or bulb with a correlated color temperature (CCT) that exceeds three thousand (3,000) degrees Kelvin.
P.
Lighting Plans Required. A lighting plan shall be submitted with any building permit application in which outdoor lighting is proposed or required the lighting plan shall include:
1.
A site plan showing the location of all buildings and building heights, parking, and pedestrian areas on the lot or parcel;
2.
The location and description including mature height of existing and proposed trees and the location of light fixtures on adjacent properties or the street right-of-way within ten (10) feet of the subject property;
3.
The location and height above grade of all proposed and existing light fixtures on the subject property including all external building mounted, landscape and site lighting;
4.
The type, initial lumen rating, color rendering index, and wattage of each lamp source;
5.
The general style of the light fixture such as cutoff, lantern, coach light, globe, and a copy of the manufacturer's catalog information sheet and IESNA photometric distribution type, including any shielding information such as house side shields, internal, and/or external shields;
6.
Control descriptions including type of controls (timer, motion sensor, time clock, dimmers, etc.), the light fixtures to be controlled by each type, and control schedule keyed to each exterior light fixture;
7.
Aiming angles and diagrams for sports lighting fixtures, including maximum angles for adjustable light sources; and
8.
A light calculation which shows the maximum light levels on a grid not to exceed ten (10) feet by ten (10) feet across the entire site and a minimum of ten (10) feet beyond the lot or parcel property line. The grid shall also indicate maximum to minimum uniformities for each specific use area such as parking and circulation areas, building façade, landscaping and site lighting and pedestrian areas, and other common public areas. Calculations should be horizontal at grade.
Q.
Final Inspection And Certification. Prior to a building permit final inspection or the issuance of a certificate of occupancy, the applicant shall provide certification that the outdoor lighting as installed complies with the approved illumination plan and the requirements of this Section unless waived or amended by the City Manager in writing. The certification shall be submitted in a format prescribed by the City Manager. The certification shall be completed by the architect, electrical engineer, electrical contractor, or lighting consultant responsible for the plans or the final installation.
R.
Exceptions. The standards of this Section shall not apply to the following types of exterior lighting:
1.
Ornamental Lighting. Low voltage (twelve (12) volts or less), low wattage ornamental landscape lighting fixtures, and solar operated light fixtures having self-contained rechargeable batteries, where any single light fixture does not exceed one hundred (100) lumens.
2.
Strings Of Light. Strings of light, not exceeding a maximum of fifty (50) lumens per lamp, (equivalent of a seven watt C7 incandescent light bulb) on properties located in all residential zoning districts or on properties that are used exclusively for residential uses shall be exempt from the requirements of this Section.
3.
Aviation Lighting. Lighting used exclusively for aviation purposes. All heliport lighting, except lighting associated with emergency facilities, shall be turned off when the heliport is not in use.
4.
Right-of-Way Lighting. Public lighting that is located within the right-of-way.
5.
Seasonal Lighting Displays. Lighting displays from November 15 through January 30 of the following year.
6.
Sports Fields. Lighting at sports fields, to the extent the lighting is necessary to maintain certification for league and tournament play at the field.
S.
Exemptions. The City Manager is authorized to grant exemptions to this Section in accordance with the following standards:
1.
Equivalent Material. The provisions of this Section are not intended to prevent the use of any design, material or method of installation not specifically prohibited by this Section provided any such alternate has been approved by the City Manager. The City Manager may approve any such alternate provided that the proposed design, material, or method provides an approximate equivalent method of satisfying the standards of this Section.
2.
Historic Lighting. The City Manager may grant an exemption from the provisions of this Section if the Manager finds the following:
a.
The lighting fixture is located on a property designated as a landmark or recognized as a contributing property to a designated historic district;
b.
The lighting fixture is of historic significance to the property; and
c.
Removal of or a modification to the lighting that would otherwise be required to come into compliance with the requirements of this Section would have an adverse impact on the historic character of the property.
3.
The City Manager may grant an exemption from the provisions of this Section if the City Manager finds that it meets one (1) of the following criteria. Any exemption must be the minimum exemption that provides the relief required.
a.
There are special circumstances or conditions applying to the land, buildings, or outdoor light fixtures for which the exemption is sought, which circumstances or conditions are peculiar to such land, buildings or outdoor light fixtures and do not apply generally to the land, buildings or outdoor light fixtures in the neighborhood;
b.
For non-residential uses, there are occupational safety lighting requirements for activities or processes that occur outdoors that are required by another governmental agency; or
c.
Upon a finding by the City Manager that outdoor lighting in specific areas of the community, that otherwise meets the requirements of this Section is not adequate and additional lighting is necessary to improve safety or security for the property or its occupants; and
d.
The granting of the exemption will generally be consistent with the purpose of this Section and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
4.
Temporary Lighting Exemption. The City Manager may grant an exemption from the requirements of this Section for temporary outdoor activities that include, without limitation, fairs, carnivals, sporting events, concerts, and promotional activities, if the City Manager finds the following:
a.
The length of time that the temporary lighting is to be used is no longer than thirty (30) days;
b.
The proposed lighting is designed in such a manner as to minimize light pollution, light trespass, and glare as much as feasible; and
c.
The proposed lighting will comply with the general purpose of this Section.
T.
Amortization. All exterior lighting fixtures which do not conform to the following standards shall be brought into conformance no later than five (5) years from the effective date of this Section.
1.
Extension Of Amortization Period. The City Manager may extend the amortization period of this Section. The City Manager shall provide a compliance date for meeting the requirements of this Section under a plan whereby the owner's actual investment in the improvements before the time that the use became non-standard under this Section can be amortized within a definite time. The City Manager shall consider the following factors in determining a reasonable amortization period:
a.
The owner's investment in improvements and other assets on the property before the time the improvements became non-standard.
b.
Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses and reconstruction expenses.
c.
Any return on investment since inception of the use, including net income and depreciation.
d.
The anticipated annual recovery of investment, including net income and depreciation.
2.
Compliance Requirement. If the City Manager establishes a compliance date for a non-conforming use, the use must cease operations on that date, and it may not operate thereafter unless it meets the lighting standards of this Code.
3.
Appeal. A property owner that requested the extension of an amortization period under this Section that is aggrieved by any decision of the City Manager denying such an extension may appeal to the Board of Adjustment by providing a notice to the director of the Department of Planning and Development of the owner's intent to appeal within fourteen (14) days after receiving notice of the City's decision. The hearing shall be held in conformance with the requirements of Section 405.600.
4.
Exempt From Amortization Requirements. The following shall be exempt from the amortization provisions, but not the shielding requirements, of this Section:
U.
Immediate Compliance Required. No person shall fail to comply with, and no property owner shall fail to ensure compliance of its property with the following:
1.
Operation of unshielded mercury vapor light fixtures is prohibited.
2.
Installation and operation of a light bulb that does not meet the requirements of this Section is prohibited.
3.
Fixtures shall be aimed consistent with the requirements of this Section.
4.
Installation of programmable fixtures pursuant to Section 405.360(H)(1).
V.
Appendix A to this Section 405.360.
ZONING DISTRICT REQUIREMENTS | |||
|---|---|---|---|
Residential Zoning Districts (Not Including Public Uses) | Commercial, Service, Downtown Clayton, Mixed uses including office and retail/restaurant | Public Uses in Residential Zones | |
Maximum allowable light levels (measured in footcandles) | 5.0 at building entries | 5.0 at building entries | 5.0 at building entries |
3.0 in parking areas | 5.0 in parking areas | 5.0 in parking lots | |
3.0 along pedestrian walkways | 3.0 along pedestrian walkways | 3.0 along pedestrian walkways | |
2.0 in common open space areas | 2.0 in outdoor storage areas (maximum uniformity ratio requirements are not applicable) | ||
Maximum uniformity ratio (maximum to minimum) | n/a | 10:1 (except as noted above) | 15:1 |
Maximum lumen rating for a full cutoff luminaire shielded from view of adjacent streets and properties | 8,500 - parking areas of 6 or more spaces | 8,500 - pedestrian areas 14,000 - parking and loading areas | 14,000 - parking and loading areas |
4,000 - walkway lights and common areas | 23,500 on 35 foot pole when permitted (parking and loading areas) | ||
1,800 stairways and entryways | 16,000 for high pressure sodium when permitted | ||
Maximum lumen rating for a partially shielded (IES TM-15-11 G1 rating) fixture | 900 | 1,250 | 1,250 |
Maximum lumen rating for an unshielded light fixture | 900: except no lamp or bulb, other than for seasonal displays and landscape ornamental lighting, shall be visible beyond the property line | 900 | 900 |
Controls | Motion sensors required for all unshielded fixtures in excess of 900 lumens | Recommended after close of business | Recommended after close of business |
Maximum allowable pole height (includes base, pole and luminaire) | 20 feet in parking lots | 25 feet in parking lots | 20 feet in parking lots within or adjacent to residential zones, otherwise 25 foot maximum |
15 feet in all other areas | 35 feet for contiguous parking lots of 5 or more acres in size 20 feet in all other areas | ||
OTHER USE REQUIREMENTS | ||||
|---|---|---|---|---|
Open Parking Structures and Parking Below a Building | Private Recreation Use | Public Recreation Use | Service Stations, Automobile Dealerships, Drive-Thru Windows | |
Maximum allowable light levels (measured in footcandles) | 5.0 within open parking structure and parking below a building 5.0 for uncovered upper levels 5.0 for covered exterior pedestrian circulation areas that are a part of a parking structure or parking below a building | The lesser of 30 footcandles or the IESNA recommended standards for the specific sports venue 5.0 in parking lots 4.0 in pedestrian areas | The IESNA recommended standards for the specific sports venue 5.0 in parking lots 4.0 in pedestrian areas | 5.0 in building entries and drive-up windows 20.0 under service station canopies 15.0 within vehicular display areas 5.0 in parking lots 3.0 along pedestrian walkways |
Maximum uniformity ratio (maximum to minimum) | 5:1 within parking structure 10:1 remainder of site | 3:1 on sports field or court 10:1 remainder of site | 3:1 on sports field or court 10:1 remainder of site | 10:1 |
Maximum lumen rating for a full cutoff light fixture shielded from view of adjacent streets and properties | 14,000 | 23,500 for field or court area 8,500 for parking and pedestrian areas | 107,000 for sports field 23,500 for courts 14,000 for parking areas 8,500 for pedestrian areas | 14,000 |
Maximum lumen rating for a partially shielded (IES TM-15-11 G1 rating) fixture | 1,800 | 1,250 | 4,000 | 1,800 |
Maximum lumen rating for an unshielded light fixture | 900 | 900 | 900 | 900 |
Sports shielding | n/a | Internal and external | Internal and external | n/a |
Light fixture aiming angle | n/a | n/a | Not greater than 60 degrees from nadir | n/a |
Controls | Automatic daylight adaptation controls required | Field or court lights shall be turned off within 30 minutes of the last event or 12:00 midnight, whichever is earlier | Field or court lights shall be turned off within 30 minutes after the last event | Service station canopies and vehicular display lights shall not exceed 5.0 footcandles within 1 hour of the close of business |
Maximum allowable pole height (includes base, pole, and light fixture) | 12 feet for uncovered upper level parking | 20 feet in residential zones 25 feet in all other zones | 20 feet in parking lots within or adjacent to residential zones, otherwise 25 feet 35 feet for sports lighting or as approved by the city manager per Section 9-2-14, "Site Review," B.R.C. 1981 | 20 feet when adjacent to residential zones, otherwise 25 feet in parking lots 20 feet in all other areas |
Section 405.370 Regulations For Short-Term Rental Dwellings.
[Ord. No. 6941, 8-12-2025]
A.
The purpose of the short-term rental regulations is to facilitate the permitting, inspection, and operation of short-term residential rental dwelling units subject to appropriate restrictions and performance standards to allow for varied accommodations and experiences for visitors while retaining and protecting the character of the surrounding areas. These regulations serve to encourage reinvestment and adaptive reuse of marginalized buildings and underutilized spaces and contribute to the fabric of the central commercial area by expanding the range of allowed uses, especially for long-vacant stories above ground floor commercial uses.
B.
Permit Requirements. It shall be unlawful to operate a short-term rental dwelling within the City of Clayton without having the following current, valid permits issued pursuant to the terms of this Section.
1.
A conditional use permit (CUP), per Chapter 405, Article VII, is required for each property upon which a short-term rental dwelling is located. In review of an application for CUP request, the Board of Aldermen shall, in addition to other criteria and standards for such permits, consider the following standards, as to which the applicant shall bear the burden of proof:
a.
The proposed short-term rental will not have an adverse impact on the use, enjoyment, or property values of adjoining property.
b.
The proposed short-term rental will comply with all applicable rules and regulations adopted by the City of Clayton.
c.
The proposed short-term rental is not likely to have an adverse impact on the public health, safety, or welfare of the community.
2.
A short-term occupancy permit (SOP), per Section 500.040, is required for each short-term rental dwelling unit.
a.
A SOP does not run with the property, but is issued to the specific owner of the property. The permit shall expire upon sale or transfer of the property. The permit shall not be transferred or assigned to another individual, person, entity, or address, but operation of the dwelling unit may be managed by a third party on behalf of the owner, known as the authorized operator.
b.
A SOP shall be valid for a period of one (1) year.
C.
Location Requirements.
1.
Short-term rental dwellings may only be located on a property with four (4) or less total dwelling units. For the purposes of this requirement, total dwelling units shall include all dwelling units and short-term rental dwelling units on the property.
2.
Short-term rental dwellings may only be located within the Central Business District, as defined in Section 405.390, Definitions.
3.
Short-term rental dwellings shall not be permitted in residential zoning districts.
4.
A short-term dwelling unit must be in a building with at least two (2) stories above grade. A short-term dwelling unit shall be located on an upper floor and shall not be located on a basement, garden, or ground floor level.
5.
A short-term dwelling unit must be in a building constructed prior to 1955 that has a total gross floor area measuring less than twenty-thousand (20,000) square feet.
6.
No short-term rental dwelling shall be located on a property within five hundred (500) feet of another property with a short-term rental dwelling. This distance shall be calculated by a straight line between the nearest points of the boundary lines of the respective properties.
D.
General Requirements.
1.
A short-term rental dwelling shall meet all standards for a residential dwelling unit as provided in Chapter 500 of the City Code.
2.
Each owner or authorized operator shall maintain a register with the name of every guest and his/her arrival and departure dates and contact information. The owner or operator shall make the register freely accessible to any officer of the City's Police, Fire, Administration, and/or Planning and Development Departments.
3.
Each owner or authorized operator shall post the following information in a conspicuous place within each short-term rental dwelling unit:
a.
The name and telephone number of the owner or authorized operator.
b.
An evacuation diagram inside the entrance door identifying all means of egress from the dwelling unit and the building.
c.
A current copy of the CUP and the SOP.
d.
The list of operational requirements.
e.
The schedule of, or restrictions on, noise ordinances, street cleaning and snow removal, trash and recycling, on-street parking, and the location of available off-street parking.
f.
Maximum overnight occupancy.
4.
Each owner and authorized operator shall be responsible for maintaining a habitable unit that has been cleaned and sanitized between guests and provision of necessary supplies including, but not limited to, bedding, linens, towels, dishware, cookware, trash and recycling bins, window coverings, smoke detectors, and carbon monoxide detectors.
5.
The owner shall obtain and maintain a business license from the City of Clayton.
6.
The owner or authorized operator shall maintain weekly trash and recycling collection services.
7.
A minimum of one (1) off-street parking space shall be provided per dwelling unit. The parking requirement may be reduced or waived by the Board of Aldermen through the CUP process.
8.
The owner or operator shall maintain and provide proof of general liability insurance policy with a company authorized to do business in the State of Missouri insuring against personal injury (including death) and property damage with limits of no less than one million dollars ($1,000,000.00) per occurrence.
9.
The owner and authorized operator shall use reasonable prudent business practices to ensure that guests do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate applicable laws, ordinances, or regulations.
10.
Short-term rentals may not be rented for a period of time shorter than forty-eight (48) consecutive hours and may not be rented more than once within any consecutive forty-eight (48) hour period measured from the commencement of one (1) rental to the commencement of the next.
11.
Owners and operators shall not advertise an hourly rate or any rate for a short-term rental based on a time period of fewer than forty-eight (48) consecutive hours.
12.
The main entrance to a short-term dwelling unit shall be secured so as to limit access to the tenant(s) and the operator. The main building entrance, which may provide access to the entries of multiple short-term dwelling units, shall be secured and monitored so as to prevent general public from accessing and gathering in the corridor.
13.
The owner or authorized operator shall provide as part of a conditional use permit application, identification of each Internet site(s) to be used for advertising, listing, or scheduling the unit to potential tenants.
E.
Operational Requirements. All short-term rental owners, operators, and tenants shall comply with the following rules and regulations:
1.
All short-term rental tenants shall comply with all applicable noise, housing, public health, fire, offenses, parking, and safety ordinances of the City.
2.
Owners and operators shall not prepare and/or serve food or beverages to guests. A welcome basket with provisions for making coffee, tea, or similar non-alcoholic drinks and small pre-packaged light snacks may be provided.
3.
Use of a short-term rental dwelling for any commercial, publicly advertised, ticketed or registration required event, or large social events or gatherings, such as weddings or receptions, is prohibited. A large social event or large gathering means when there are more than twice the number of people in the unit than the maximum occupancy per the SOP. Commercial, publicly advertised, ticketed or registration-required events are prohibited regardless of the number of attendees.
4.
During the term that a short-term rental is occupied, the owner or the local contact person designated by the owner shall be available at all times for the purpose of responding within one (1) hour to complaints regarding the condition or operation of the unit or the conduct of short-term tenants. If the local contact person designated by the owner changes, the owner shall update the permit on file within three (3) days.
5.
Maximum overnight occupancy for each short-term rental dwelling unit shall be limited to either a total of eight (8) people or the maximum allowed per City occupancy codes then in force, whichever is less.
6.
Short-term dwelling units shall not be rented to a tenant less than twenty-one (21) years of age. Occupants of a unit may be less than twenty-one (21) years of age when accompanied by the registered tenant.
F.
Revocation and Suspension Procedures.
1.
The City Manager may suspend and/or revoke a CUP or an SOP for the following reasons:
a.
If the owner or operator violates any of the terms of this Section or other applicable codes and ordinances adopted by the City of Clayton.
2.
In issuing a suspension or revocation, the City Manager shall consider the following:
a.
The nature of the violation(s);
b.
The nature and extent of the harm caused by the permittee's action or failure to act;
c.
The factual situation and circumstances surrounding the violation(s);
d.
Whether or not the action or failure to act was willful;
e.
The record of the permittee with respect to violations.
3.
A CUP shall be deemed to be suspended if a revocation process is initiated by the City Manager for the CUP or for an associated SOP.
4.
Upon suspension of a CUP or SOP, the associated short-term dwelling unit(s) may not be leased or rented until the CUP or SOP is re-instated.
a.
When a SOP is suspended that is associated with a CUP governing multiple short-term dwelling units, the City Manager shall have the discretion to prohibit continued use of the other associated SOPs if, in the reasonable judgment of the City Manager doing so would serve to protect the public peace, health or safety.
6.
The City Manager may re-instate a CUP or an SOP upon determining that reasons for suspension have been abated or satisfactorily addressed.
8.
An owner or operator whose CUP has been revoked shall not be eligible to reapply for a new CUP for a short-term rental.
9.
A suspension or revocation issued by the City Manager may be appealed to the Board of Aldermen in writing. The written request shall be submitted to the City Clerk within five (5) business days of the City Manager's decision and must set forth in a concise manner the decision being appealed and all grounds known to the appellant as to wherein and why the decision is allegedly in error.
G.
Penalty.
1.
Any owner, operator, authorized agent, or tenant who shall be found to have violated any of the provisions of this Section shall be guilty of an offense punishable as follows:
2.
Each day a provision of this Section is found to have been violated constitutes a separate violation subject to the fine schedule set forth in this Section.
3.
The fines provided for herein shall not be construed as limiting the power of a court of competent jurisdiction or an administrative hearing officer to impose other penalties and/or remedies as provided for by applicable legislation. In addition, a permittee found to have violated any provision of this Section may be subject to a permit revocation, suspension, or non-renewal.