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Cool Valley City Zoning Code

ARTICLE VI

District Regulations

Section 400.650 Scope.

[R.O. 2009 §24-131]
The regulations for the "A" Single-Family Dwelling Districts are contained in this Division.

Section 400.660 Use Regulations.

[R.O. 2009 §24-132; Ord. No. 498 §1(Art. IV §1), 1-11-1983; Ord. No. 664 §2, 11-10-1987; Ord. No. 828 §2, 6-14-1994; Ord. No. 979 §1, 9-28-1999]
A. 
A building or premises shall be used only for the following purposes:
1. 
Single-family dwellings;
2. 
Municipally owned or operated parks and playgrounds;
3. 
Churches;
4. 
Public schools and similar educational institutions;
5. 
Forests, nurseries, farms and truck gardening containing a minimum of five (5) contiguous acres, but not the raising of poultry, pets or livestock for commercial purposes;
6. 
Accessory buildings when located not less than sixty (60) feet from the front line and not less than six (6) feet from any side lot line;
7. 
Customary home occupations including, but not limited to, artist's studio; use of the home by a lawyer, engineer or other professional person for consultation; dressmaker, milliner or seamstress; voice or musical instruction limited to a single pupil at a time; and home child care facilities for which a conditional use permit has been issued pursuant to Section 400.670.
8. 
Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work;
9. 
Group homes. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
10. 
Garage sales for the sale of miscellaneous household goods and wearing apparel of the occupant; provided however, that no item shall be placed in front of the building line and that a permit has been secured from the City Clerk and posted on a sign in the front yard. No garage sale shall be held on Sunday or a holiday. Garage sales shall be held between the hours of 8:00 A.M. and 5:00 P.M. No garage sale shall last longer than two (2) days and no garage sale shall be held on the same premises more frequently than once every six (6) months.

Section 400.670 Conditional Uses.

[R.O. 2009 §24-133; Ord. No. 498 §1(Art. IV §2), 1-11-1983; Ord. No. 973 §1, 8-24-1999]
A. 
Home child care facilities may be permitted as a home occupation in any single-family dwelling upon issuance of a conditional use permit as hereinafter provided.
1. 
Child care facilities which are limited to providing care for no more than six (6) children not residing on and listed on the occupancy permit for the premises may be provided as a home occupation in a residence if the owner(s) and, if different, the adult occupant(s) of the property apply for and are issued a conditional use permit pursuant to this Section. No permit for a home day care facility may be issued to any person who does not personally provide 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 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. Provided however, that any person having a home child care license issued by the State of Missouri prior to August 24, 1999, authorizing care for more than six (6) children in the licensee's home in the City of Cool Valley may apply for and, if otherwise qualified and subject to the other conditions and restrictions of this Section, be issued a permit under the provisions of this Section to provide care for that number of children allowed under the State license as issued on or before August 24, 1999.
2. 
The application for a home day care conditional use 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 or exterior of the property in association with such service;
c. 
Copies of any State child day care license application and any license issued by the State which may be applicable;
d. 
Detailed information as to the days and hours during 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; and
f. 
Information as to how parking for clients is to be provided.
3. 
Upon receipt of the application and any applicable processing fee, the application shall be forwarded to the Planning Commission for review. If the Commission finds:
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; and
c. 
There is 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, it may recommend approval of the application, subject to such reasonable condition as may be necessary to avoid adverse impact on nearby properties.
4. 
After review by the Commission the application is to be forwarded to the Board of Aldermen for consideration. If the Board finds in the affirmative as to the criteria set forth above, a permit may be issued and/or issued subject to such reasonable conditions as may be determined by the Board to be necessary. Any permittee shall also be required to obtain and maintain in force any business license required by the ordinances of the City of Cool Valley.
5. 
A home day care permit shall not be issued and may be revoked, if previously issued, if it is determined by the Board of Aldermen that the operator thereof or any person regularly on the premises has committed an act demonstrating a lack of fitness to care for children, including child molestation or abuse, theft, fraud or any other act of moral turpitude.
6. 
Any home day care permit 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:
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 400.680 Height Regulations.

[R.O. 2009 §24-134; Ord. No. 498 §1(Art. IV §3), 1-11-1983]
A. 
Public, semi-public and public service buildings, schools and institutions shall not exceed sixty (60) feet in height; churches may exceed thirty-five (35) feet in height to a maximum height of seventy-five (75) feet providing that for each foot in height exceeding thirty-five (35) feet, the building shall be set back one (1) foot from each yard line.
B. 
No other building shall exceed thirty-five (35) feet or two and one-half (2½) stories in height; however, single-family dwellings may be increased in height to a maximum of forty-five (45) feet or three (3) stories providing that both side and rear yard requirements are exceeded by not less than ten (10) feet.

Section 400.690 Area Regulations.

[R.O. 2009 §24-135; Ord. No. 498 §1(Art. IV §4), 1-11-1983]
A. 
Intensity. The minimum area of any lot shall be six thousand (6,000) square feet.
B. 
Front Yard Requirements. The minimum depth of the front yard for all buildings including accessory buildings shall be thirty (30) feet. The minimum front yard shall be provided on all streets for both corner and double frontage lots providing that the building dimensions of such lot shall not be reduced to less than twenty-two (22) feet.
C. 
Side Yard Requirements. The minimum depth of the side yard shall be the greater of six (6) feet or ten percent (10%) of the average lot width, providing that the side yard need not exceed ten (10) feet.
D. 
Rear Yard Requirements. The minimum depth of the rear yard shall be the greater of thirty-five (35) feet or twenty percent (20%) of the overall depth of the lot, providing that the rear yard need not exceed fifty (50) feet.

Section 400.750 Scope.

[R.O. 2009 §24-146]
The regulations for the "B" Multi-Family Dwelling District are contained in this Division.

Section 400.760 Use Regulations.

[R.O. 2009 §24-147; Ord. No. 498 §1(Art. V §1), 1-11-1983]
A. 
A building or premises shall be used only for the following purposes:
1. 
Any use permitted in the "A" Single-Family Dwelling District;
2. 
Multi-family dwellings.

Section 400.770 Height Regulations.

[R.O. 2009 §24-148; Ord. No. 498 §1(Art. V §2), 1-11-1983]
Height regulations are the same as those in "A" Single-Family Dwelling District.

Section 400.780 Area Regulations.

[R.O. 2009 §24-149; Ord. No. 498 §1(Art. V §3), 1-11-1983]
A. 
Intensity. The minimum area of any lot shall be seven thousand five hundred (7,500) square feet.
B. 
Front, Side And Rear Yard Requirements. Front, side and rear yard requirements are the same as those in "A" Single-Family Dwelling District.

Section 400.840 Scope.

[R.O. 2009 §24-161; Ord. No. 747 §3, 12-27-1990]
The regulations for the "C" Hospitals, Convalescent Homes, Homes for the Aged and Substance Abuse Treatment Facilities District are contained in this Division.

Section 400.850 Use Regulations.

[R.O. 2009 §24-162; Ord. No. 498 §1(Art. VI §1), 1-11-1983; Ord. No. 747 §3, 12-27-1990]
A. 
A building or premises shall be used only for the following purposes:
1. 
Any use permitted in the "A" Single-Family Dwelling District;
2. 
Hospitals, convalescent homes, homes for the aged or substance abuse treatment facilities;
3. 
Accessory buildings and uses customarily incidental to any of the above purposes.

Section 400.860 Height Regulations.

[R.O. 2009 §24-163; Ord. No. 498 §1(Art. VI §2), 1-11-1983; Ord. No. 747 §3, 12-27-1990]
No building shall exceed forty-five (45) feet or three (3) stories in height.

Section 400.870 Area Regulations.

[R.O. 2009 §24-164; Ord. No. 498 §1(Art. VI §3), 1-11-1983; Ord. No. 747 §3, 12-27-1990]
A. 
Intensity. The minimum area of any lot used for hospital, convalescent homes, homes for the aged or substance abuse treatment facilities shall be two (2) acres. The minimum area of any lot used for residential dwellings shall be the same as that in "A" Single-Family Dwelling District.
B. 
Front, Side And Rear Yard Requirements. Hospitals shall be limited to fifty percent (50%) total building coverage of the site. Convalescent homes, homes for the aged and substance abuse treatment facilities shall be limited to thirty-five percent (35%) total building coverage. Front, side and rear yard requirements for residential dwellings shall be the same as those in "A" Single-Family Dwelling District.

Section 400.930 Scope.

[R.O. 2009 §24-176]
The regulations for the "D" Commercial District are contained in this Division.

Section 400.940 Use Regulations.

[R.O. 2009 §24-177; Ord. No. 498 §1(Art. VII §1), 1-11-1983]
A. 
A building or premises shall be used only for the following purposes:
1. 
Any use permitted in the "A" Single-Family Dwelling District;
2. 
Multiple-family dwellings;
3. 
Bakeries;
4. 
Banks;
5. 
Barbershops;
6. 
Business schools, dancing or music academies;
7. 
Catering establishments;
8. 
Dry cleaning works or laundries limited to a maximum of five (5) employees;
9. 
Messenger or telegraph service stations;
10. 
Offices;
11. 
Plumbing shops;
12. 
Shoe repair shops;
13. 
Tailor shops;
14. 
Dairy products — retail or wholesale and processing plant where no cattle are kept on premises;
15. 
Automobile agencies for the display and sale of new cars, but excluding agencies dealing only in used cars and agencies dealing in two- or three-wheeled motor propelled vehicles whether or not in conjunction with other businesses;
16. 
Drug stores;
17. 
Grocery stores and similar retail business;
18. 
Hardware stores;
19. 
Department stores and similar retail business;
20. 
Restaurants, but not including hot dog stands, barbecue stands and drive-in restaurants;
21. 
Day care facilities;
22. 
Service establishments similar to those listed in this Section;
23. 
Gasoline and service stations upon the prior issuance of a special permit by the Board of Aldermen in accordance with the special permit procedures set forth in Section 400.1150;
24. 
Arcades upon prior issuance of a special permit by the Board of Aldermen in accordance with the special permit procedures set forth in Section 400.1150.

Section 400.950 Additional Use Requirements.

[R.O. 2009 §24-178; Ord. No. 498 §1(Art. VIII §2), 1-11-1983]
Any building used primarily for any of the above enumerated purposes shall not have more than forty percent (40%) of its gross floor area devoted to storage or uses incidental to said primary use nor more than five (5) persons employed in such incidental use.

Section 400.960 Height Regulations.

[R.O. 2009 §24-179; Ord. No. 498 §1(Art. VII §3), 1-11-1983]
No building shall exceed thirty-five (35) feet or two and one-half (2½) stories in height.

Section 400.970 Area Regulations.

[R.O. 2009 §24-180; Ord. No. 498 §1(Art. VII §4), 1-11-1983]
A. 
Intensity.
1. 
The minimum area of a single-family residential lot shall be six thousand (6,000) square feet.
2. 
The minimum area of a two-family or multiple-family residential lot shall be seven thousand five hundred (7,500) square feet.
3. 
The above requirements shall also apply to residential dwellings located above commercial or similar establishments.
B. 
Side Yard Requirements. Minimum side yard requirements for all residential buildings shall be five (5) feet. Where non-residential buildings are erected abutting residential uses, a minimum side shall be five (5) feet.
C. 
Rear Yard Requirements. Except as further provided below, the minimum depth of the rear yard shall be twenty-five (25) feet. If the lot is less than one hundred twenty-five (125) feet in depth and the plat thereof has been duly recorded prior to passage of this Chapter, the minimum depth of the rear yard shall be twenty percent (20%) of the average lot depth. Where the rear lot line abuts an "A" Single-Family Dwelling District, the minimum depth of said rear yard shall be fifty (50) feet.

Section 400.1030 Scope.

[R.O. 2009 §24-191]
The regulations for the "E" Planned Shopping Center District regulations are contained in this Division.

Section 400.1040 Use Regulations.

[R.O. 2009 §24-192; Ord. No. 498 §1(Art. VIII §1), 1-11-1983]
A. 
A building or premises shall be used only for the following purposes:
1. 
Any use, excluding residential uses, permitted in the "D" Commercial District regulations;
2. 
Bowling alleys;
3. 
Dry cleaning works or laundries limited to a maximum of fifteen (15) employees;
4. 
First aid room or clinics limited to emergency treatment;
5. 
Investment and brokerage establishments;
6. 
Post offices;
7. 
Pet shops;
8. 
Sales and display rooms or outdoor areas for sale of merchandise enumerated above;
9. 
Enclosed auditoriums;
10. 
Day care facilities;
11. 
Accessory uses customarily incident to the above uses including dwellings occupied by watchmen, janitors and similar employees working on the premises;
12. 
Light industry and manufacturing, upon prior issuance of a special permit by the Board of Aldermen, in accordance with the special permit procedures set forth in Section 400.1150.

Section 400.1050 Height Regulations.

[R.O. 2009 §24-193; Ord. No. 498 §1(Art. VIII §2), 1-11-1983]
No building shall exceed forty-five (45) feet or three (3) stories in height, except as otherwise provided in this Chapter.

Section 400.1060 Area Regulations.

[R.O. 2009 §24-194; Ord. No. 498 §1(Art. VIII §3), 1-11-1983]
A. 
No building shall be erected or maintained within one hundred (100) feet of any boundary of an "E" Planned Shopping Center District, except that a building may be erected or maintained within fifty (50) feet of any boundary of said "E" District which abuts a "D" Commercial District property. The area between the building and the boundary line may, however, be occupied by drives, vehicular parking, sidewalks, landscaping and similar facilities.
B. 
Any boundary of an "E" Planned Shopping Center District contiguous to and adjoining a residential district, except when improved with buildings other than residences and except where abutting public streets, shall be provided with a buffer zone sixty (60) feet in width, including screen border planting, and no drives or walkway shall occupy such buffer zone except as a means of ingress and egress, as necessary, from the shopping center to a public thoroughfare.

Section 400.1070 Parking Regulations.

[R.O. 2009 §24-195; Ord. No. 498 §1(Art. VIII §4), 1-11-1983]
Vehicle parking shall be provided in accordance with Article VIII provided that not less than one hundred forty percent (140%) of the gross floor area of any and all structures erected shall be permanently maintained for vehicular parking.

Section 400.1080 Additional Regulations.

[R.O. 2009 §24-196; Ord. No. 498 §1(Art. VIII §5), 1-11-1983]
A. 
No construction of a building shall begin on any property in an "E" Planned Shopping Center District unless the plans for said construction of the initial premises to be occupied shall include the minimum standards or specifications set forth in this Section.
1. 
Premises shall contain a minimum area of two hundred thousand (200,000) square feet total minimum building floor area, with no less than seventy-five percent (75%) thereof (one hundred fifty thousand (150,000) square feet) of building floor area for use by retail stores. No less than fifty percent (50%) (i.e a minimum of seventy-five thousand (75,000) square feet) of the total building floor area which is required to be occupied by retail stores shall be occupied by no more than four (4) tenants unless permitted by the Board of Aldermen, but in no case shall the minimum number of retail store tenants required be increased beyond eight (8).
2. 
The limited number of retail store tenants required to occupy the minimum of seventy-five thousand (75,000) square feet of floor space shall be referred to herein as main or principal tenant. No such main or principal tenant shall sublease or contract for sales through subtenants or other independent department operators on the same premises, except to sublease the entire premises of such main or principal tenant to another substitute or replacement main or principal tenant.
3. 
No building permits shall be issued until plans are provided for site improvements showing sufficient widening of access roads where necessary. Access roads shall be widened sufficiently to carry four (4) lanes of vehicular traffic into and out of said shopping district and such access roads shall be constructed at developer's expense in accordance with the standards of street construction applicable to new construction of public streets in the City. This shall not, however, require any widening of access roads beyond the property boundaries of such planned shopping center.
4. 
Where the Board of Aldermen determines that improvements, such as the construction of streets, the widening of streets, automatic traffic signals, the dedication of land for street construction or widening, culverts or bridges, are required by reason of the anticipated increase in traffic incidental to the proposed use and development of property zoned or rezoned in the "E" Planned Shopping Center District, such construction or satisfactory security for such construction shall be required in advance of the owner or developer of such property, unless such construction shall be available through agencies of the Federal Government, the State of Missouri or the County of St. Louis before the issuance of a building permit. In cases where the proposed amendment of this Article by reclassification of property into the "E" Planned Shopping Center District is being considered, the Board of Aldermen may require such assurances or guarantees, in whatever form it deems necessary or advisable, to be given the City by the proposed developer of the property as will satisfy the Board insofar as reasonable under the circumstances.
5. 
Any property hereafter rezoned to "E" Planned Shopping District classification shall revert to the previous zoning classification within an eighteen (18) month period following the date of said rezoning unless application for building permits for improvements on the property rezoned are submitted to the Zoning Enforcement Official. Application for building permits must be accompanied by plans for improvements which are in substantial compliance with the building code of the City. However, the Board of Aldermen may, by special permit, extend the time for filing and submitting application for an additional six (6) month period.