Dardenne Prairie City Zoning Code
ARTICLE V
Supplementary District Regulations
Section 405.380 Purpose.
[Ord. No. 516 §13(13.01), 6-21-2001; Ord. No. 1341 §35, 8-20-2008]
Unless otherwise stated, the regulations hereinafter established shall apply within all zoning districts established by this Chapter. These general regulations supplement and qualify the zoning district regulations appearing elsewhere in this Chapter.
Section 405.390 Height Exceptions.
[Ord. No. 516 §13(13.02), 6-21-2001; Ord. No. 1341 §36, 8-20-2008; Ord. No. 1732 §6, 8-20-2014]
A.
Public And Semi-Public Buildings. In any zoning district, public or semipublic buildings, such as hospitals, churches, sanitariums or schools, either public or private, where permitted, may erect to a height not exceeding seventy-five (75) feet, provided that such buildings shall have yards which shall increase one (1) foot on all sides for each additional foot that such buildings exceed the specified height limit as established in the regulations of the district in which such buildings are situated.
B.
Structural Projections. Chimneys, cooling towers, elevator head houses, fire towers, grain elevators, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio and television towers or necessary mechanical appurtenances usually required to be placed above the roof level and not intended for human occupancy are not subject to the height limitations contained in the district regulations, except that such structural projections shall not exceed the height regulations of the district in which the structure is situated by more than fifteen percent (15%) except as indicated below.
C.
Structural projections exceeding the above height limitations shall be considered as conditional uses and shall be processed in accordance with Article VI of this Chapter, except in no event shall a radio aerial or television antenna support extend more than twenty-five (25) feet above the ridge of a roof in any residential district.
Section 405.400 Yard and Setback Exceptions.
[Ord. No. 516 §13(13.03), 6-21-2001; Ord. No. 542 §1(n), 12-20-2001; Ord. No. 1053 §4, 9-13-2006; Ord. No. 1559 §1, 4-20-2011]
A.
Commercial/Industrial Front Yards. In all districts inclusive where buildings located in the same block on the same side of the street have provided front yards of greater depth than herein required, the Board of Aldermen may require a similar setback for buildings or structures constructed thereafter.
B.
Determination Of Front Setbacks. In measuring a front yard, the minimum distance to the required setback line shall be measured from the proposed right-of-way line determined by the transportation plan. If a new or existing street is not defined by the adopted transportation plan, the required future width of said street in question shall be determined by the Board of Aldermen.
C.
Contractor's Office. Contractor's office and equipment shed shall (containing no sleeping or eating quarters) be kept on location only during the duration of the project. Such use need not comply with yard setback requirements of this Chapter.
D.
Structural Projections. Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features and eaves, provided that none of the above projections shall extend into a required yard more than thirty (30) inches. Balconies, canopies or open porches may project a maximum of five (5) feet into the required front yard and ten (10) feet into a required rear yard. Open porches extending into the required yard shall not be enclosed. Air conditioner and heat pump units may be located in a required yard, whether attached or detached.
F.
Sight Triangle. On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision in a triangle delineated by the right-of-way lines of the intersecting streets and a line connecting points on those right-of-way lines thirty (30) feet from the intersection point of the right-of-way lines or at equivalent points on private streets and out of the sight triangle as shown on Figure 2 to this Chapter 405, except that the sight triangle may be increased for safety by the Board of Aldermen.
G.
Commercial/Industrial Rear Yards. No rear yard shall be required in Districts "C-1" to "I-1" inclusive on any lot used for business or industrial purposes, the rear line of which adjoins a railway right-of-way or which has a rear railway right-of-way or which has a rear railway track connection.
H.
Through Lots. A through lot having one (1) end abutting a limited access highway, with no access permitted to that lot from said highway, shall be deemed to front upon the street which gives access to that lot.
I.
Fences. Fences shall be allowed in rear and side yards but not in front yards unless on property zoned "R-1A". Fences shall be under six (6) feet, three (3) inches in height, unless approved as security or screen fencing and specifically permitted by the Board of Aldermen as part of a Conditional Use, Site Plan or Planned Unit Development approval. Fences intended to provide required screening shall be privacy type, not chain link with vinyl strips. No barbed-wire fencing shall be allowed except for livestock fences on land zoned "R-1A". Use of barbed wire for security purposes is allowed if over six (6) feet from the ground and installed at the top of other fencing approved by the Board of Aldermen.
Section 405.405 Area Regulations.
[Ord. No. 516 §13(13.04), 6-21-2001]
Maximum Lot Coverage Calculation. In computing the amount of lot coverage, the amount of coverage shall include the total area of all principal and accessory buildings as measured along the outside wall at ground level. Roads, driveways, parking lots and swimming pools shall not be included in maximum lot coverage requirements.
Section 405.410 Access Regulations.
[Ord. No. 516 §13(13.05), 6-21-2001; Ord. No. 1341 §37, 8-20-2008]
A.
Access To Business And Industrial Districts. No land which is located in a residential district shall be used for a major access route to any land which is located in any business or industrial district; provided however, that this Section shall not prohibit pedestrian walks and driveway connections between residential districts and neighborhood shops when incorporated as a part of a PUD.
B.
Street Access. All lots shall abut a street other than an alley for a width of at least thirty-five (35) feet.
Section 405.412 Fencing Standards.
[Ord. No. 915 §1, 8-17-2005; Ord. No. 1069 §1, 10-18-2006; Ord. No. 1140 §§2 — 3, 3-21-2007; Ord. No. 1663 §1, 1-16-2013]
A.
Purpose. The purpose of these regulations is to regulate the materials, locations, height and maintenance of fencing and decorative posts in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Standards And Requirements.
1.
All fences and decorative posts to be constructed within the City limits that are thirty (30) inches or more in height need to have a permit issued prior to construction. The property owner or his/her authorized agent shall obtain a fence permit from the City Code Enforcement Officer. The City Code Enforcement Officer or his designee is hereby authorized to make periodic final checks to assure compliance with this Section during and after construction or erection thereof.
2.
The permit is not valid until a completed application is submitted and approved and all applicable fees are paid in full.
3.
Construction shall be initiated within six (6) months of the date of permit issuance and be completed within one (1) year or the permit will expire by limitation. Renewal of any expired permit is subject to review by the City Code Enforcement Officer.
4.
Fences erected after passage of this Section that do not comply with all applicable provisions of this Section shall be considered illegal and shall be dismantled and removed by the property owner(s) at their expense.
5.
Issuance of a permit by the City of Dardenne Prairie, Missouri, is verification that all of the provisions of this Section have been met, but this does not guarantee or constitute subdivision approval.
C.
Design And Placement.
1.
The maximum height for fencing, accompanying structures and decorative posts is six (6) feet, six (6) inches, except as noted elsewhere within this Section.
2.
Fences/decorative posts must be constructed on or within the property lines; may not be placed in the State right-of-way without a State permit; and if they are constructed within the easement on the subject property, are subject to removal by the property owner or other authorized party without compensation or renumeration.
3.
Fences/decorative posts may be located on any side or rear yard property line that does not abut a street.
4.
Installation of the fence may not obstruct any manhole or inlet covers and must not impede/disturb the existing drainage patterns/swales or natural water flows on the subject property or adjacent properties.
5.
Fencing built forward of the required lot setback line is prohibited, except in cases where more than one (1) side of the lot abuts a public street. In this case, the fence may project up to ten (10) feet over the building line only on the side yard that is adjacent to the street. Fencing within the front yard setback is prohibited.
6.
Decorative posts less than thirty (30) inches in height may be placed in the front yard, provided they are no closer than two (2) feet to the property line. For purposes of this Section, "decorative posts" are defined as ornamental poles or stakes with attached chains, rope or other material that serve only aesthetic purposes.
7.
Fencing/decorative posts may not be placed within the sight triangle of a street intersection as defined in this Chapter or be erected or constructed in any manner that otherwise impedes vehicular vision.
8.
All fences are required to have a minimum three (3) foot wide gate/opening on any side adjacent to a street.
9.
The finished side of the fence must face outward. All visible supports and other structural components shall face in toward the subject property.
10.
All fencing materials must be contiguous; any fencing that is installed on a piece of property must be of the same material and design as the existing fence.
D.
Maintenance And Materials (All Zoning Districts).
1.
Acceptable materials for fencing and decorative posts include, but are not limited to, brick, stone and other masonry, synthetic materials, natural and treated woods, wrought iron, decorative aluminum and chain link.
2.
Prohibited materials for fencing and decorative posts include, but are not limited to, barbed wire, razor wire, hardware cloth, wire mesh and electrified fencing.
b.
For the purposes of this Section, the term "electrified fencing" shall include any fence, barrier or enclosure partially or totally enclosing a building, field or yard, carrying an electrical pulse or charge through any part, section or element thereof. Notwithstanding the foregoing, the term "electrified fencing" shall not include "invisible fences" which shall be defined as a commercially available containment system intended to control the movement of a dog, cat, or other domesticated animal by emitting an electrical shock when the animal wearing the collar nears the system's boundary. All wire(s), if any, forming the system's boundary must be buried underground.
c.
Notwithstanding the general prohibition on the use of electrified fencing in this Section, electrified fencing is permitted only on property located within the "R-lA" Single-Family Residential District consistent with and for the sole purpose of keeping livestock on the property. A sign must be placed on every side of such electrified fencing bearing the words "Electric Fence" in English with letters at least four (4) inches high.
3.
The property owner shall repair, paint, remove or otherwise attend to any fencing that has become unsightly or a menace to public safety, health or welfare.
4.
The City Code Enforcement Officer is hereby empowered to issue notices to property owners to comply with all provisions of this Section. Lot owners will be given fifteen (15) days to comply with any and all requests. However, a longer response time may be granted at the discretion of the City Code Enforcement Officer in cases when such compliance would cause an undue hardship.
E.
Non-Conforming Fencing.
1.
All fencing in place prior to the effective date of this Section shall be considered legal non-conforming structures.
2.
As long as a legal non-conforming fence is not replaced or relocated or the frame or structural supports are not altered in any manner that extends, enlarges or intensifies the non-conformity, the fence will be allowed to remain. If the fence is altered, then the fence must be brought into compliance with all applicable provisions of this Section.
F.
Special Fencing Requirements.
1.
Commercial bufferyard fencing.
a.
Base material. The base material used to construct the fence must be rigid polyvinyl chloride (PVC) and the extruded product must adhere to the ASTM (American Society for Testing Materials) standards. The PVC used must be impact tested for durability and must be formulated to be stable in ultraviolet (UV) light. The material must also be "self-extinguishing", non-flammable with a flash temperature of not less than nine hundred degrees Fahrenheit (900°F).
b.
Brackets and fasteners. Brackets and fasteners can be made of stainless steel, galvanized steel, brass or any other material fashioned for outdoor use. This is in order to provide better weathering and rust protection. This includes all nuts, bolts, screws and washers, as well as all hinge assemblies and latching mechanisms.
c.
Internal dimensions. The PVC used must be of a weight and thickness that can support itself. The walls of each component of the fence must be thick enough to ensure that the piece will not bend or warp because of heat, cold, strong winds or any other external force. The wall thickness of each component should be matched to the size of the component used. The standard component sizes and thickness are listed below:
Cross Section (Dimensions) | Wall Thickness | |
Posts | 4" x 4" | 0.140 inches |
5" x 5" | 0.135 inches (standard) | |
5" x 5" | 0.170 inches (heavy) | |
Rails | 1½" x 1½" | 0.120 inches |
1¾" x 3½" | 0.100 inches | |
3" x 3½" T-rail | 0.095 inches | |
2" x 6" Hollow | 0.125 inches | |
1½" x 5½" Ribbed | 0.090 inches | |
2" x 6" Ribbed | 0.090 inches | |
3" x 3" | 0.110 inches | |
Pickets | ⅞" x 1½" | 0.060 inches |
⅞" x 1½" Heavy wall | 0.090 inches | |
⅞" x 3" | 0.060 inches | |
⅞" x 6" Ribbed | 0.060 inches | |
⅞" x 7" Tongue and groove | 0.060 inches |
d.
Posts. All line posts should be fully reinforced and set the minimum depth required to support a fence of the stated height. These details should be stated on the fence diagram. All posts should be topped with molded PVC caps that are complimentary to the style of the fence. Posts should be routed to receive rails.
e.
Rails. Bottom rails should contain a stiffener channel for added strength and stability. A steel or aluminum channel may be used. Rails should be routed to receive pickets.
f.
Pickets. The pickets used in the fence can be either ribbed or hollow and can be either flat sided or tongue and grove interlocking.
g.
Gates. Should be fully reinforced so that the gate retains its shape and fit and can be fully opened and closed without difficulty.
h.
Design. The design and color of the fence should be complementary to the other structures located on and around the site. Although chemical pigment may be added to some PVC compounds to give the fence color, any additives to the PVC material should not supersede the material standards previously stated in this document.
i.
Configuration. The sizes and shapes of the pickets, rails and posts should not deviate from the standard sizes previously listed, unless necessary for a custom fence installation. For any deviation, a review of the fence schematic and prior approval will be required.
j.
Aesthetic. All fencing materials must be contiguous; any fencing that is installed on a piece of property must be of the same material and design as the existing fence. If this is not possible, for instance, the material used to make the existing fence is no longer available, all existing fencing must be removed or altered so that it is the same as the new fence. Mixing of fence elements is not permitted i.e., connecting the twenty (20) foot span between two (2) sections of wood fencing with a chain-link fence.
2.
Enclosures for pools, spas and hot tubs.
a.
All swimming pools, hot tubs and spas shall be fully enclosed by a continuous fence with a minimum height of four (4) feet at its lowest point when measured from finished grade to the top of the fence. The maximum clearance between the finished grade and the bottom edge of the fence is two (2) inches.
b.
All fencing used around pools, hot tubs and spas are required to have gates that open away from the pool structure and are self-closing and self-latching.
c.
For all inground pools and for all aboveground pools that have a wall height of less than forty-eight (48) inches, when measured from finished grade to the lowest point of the structure, the fencing that encloses the pool will be separate from the pool itself and must meet the four (4) foot height requirement when measured on the side of the fence that faces away from the pool.
d.
For all aboveground pools that have a wall height of forty-eight (48) inches or greater, the pool structure will be accepted as the barrier, if the minimum height can be reached without any additional constructs (fencing, railing, etc.) being added to the top of the pool structure.
e.
If the pool comes equipped with a removable ladder, the ladder alone shall not constitute an acceptable alternative to the fencing requirements. When the pool structure qualifies as the barrier, the ladder access area must be enclosed with a fence at a minimum height of four (4) feet and have a self-closing, self-latching gate.
f.
In addition to the requirements listed, all fencing used around any pool must comply with all applicable provisions of the current building codes as adopted in the City Code.
g.
A fence must be completely constructed and installed in compliance with this Subsection within fifteen (15) days of the completion of construction or installation of any pool.
G.
Exceptions.
1.
Temporary protective fencing that is used to secure an area during active earth work (excavation, construction, grading) is permitted without the issuance of a fence permit.
2.
Swimming pools, hot tubs, spas and other water features less than twenty-four (24) inches deep and less than two hundred fifty (250) square feet of surface area are not required to have fencing or protective barrier.
3.
Hot tubs or spas with an approved safety cover.
4.
Fencing that is installed as a structural construct or as a safety device (i.e. batting cages, backstops on ball fields, fencing on the top of a retaining wall or similar structure, etc.) is permitted without the issuance of a permit, however, it shall be shown as an improvement and is subject to review and approval by City staff.
5.
The maximum height limit for fencing/decorative posts may be exceeded either:
a.
With the approval of a conditional use permit, provided the following conditions apply: The increase in height shall in no way further obstruct vision for intersecting streets, driveways, sidewalks or other traffic areas. The fence shall be screened on its external side with adequate plants so as to maintain an attractive appearance to said side; or
b.
Without a conditional use permit, if a fence with a height of greater than six (6) feet six (6) inches is required in order to maintain compliance with any current City ordinance.
H.
Application Requirements. Applications for a permit to construct and install a fence shall contain, at a minimum, the following information:
1.
The location or address of the property upon which the fence is to be constructed and installed; and
2.
The name, address and phone number of the property owner; and
3.
The name, address and phone number of the applicant; and
4.
A scaled drawing/plot plan showing the location of the fence (and gates) on the property; and
5.
The type of fence to be constructed; and
6.
The materials with which the fence will be constructed; and
7.
The fence height; and
8.
The fence length in approximate linear footage; and
9.
The name, address and phone number of the person/contractor/company installing the fence.
10.
A letter from the applicable community, homeowners, residence or similar association, if any, indicating that the proposed fence meets the requirements of the indentures, covenants and/or restrictions of such an association.
Section 405.415 Accessory Buildings and Structures.
[Ord. No. 516 §13(13.06), 6-21-2001; Ord. No. 542 §1(o), 12-20-2001; Ord. No. 1341 §38, 8-20-2008]
A.
No accessory building or structure shall be used prior to the principal building or use, except as a construction facility for the principal building. An accessory building attached to the principal building shall be made a structural part thereof and shall comply with the provisions of this Code pertaining thereto.
B.
Accessory buildings on residentially zoned property, except garages as a part of the residence, must be located in the rear yard of a lot and must conform to all provisions of this Chapter. On a corner lot, all accessory buildings (except garages) and recreational vehicle pads must be located in the rear yard of a lot on the interior side.
1.
Detached accessory buildings and structures.
a.
Height. In all residential districts, a detached accessory building or structure shall not exceed twenty-four (24) feet or two (2) stories in height.
b.
Yard and area requirements. No detached accessory building or structure shall be erected in any required front or side yard, except for property zoned "R-1A" on tracts greater than two (2) acres in size. Detached accessory buildings may be located in the rear yard but shall not occupy more than thirty percent (30%) of the rear yard area. No detached building or structure may be erected closer than ten (10) feet to the rear lot line nor closer to the side lot line than the required minimum side yard setback of the district. In no case shall any accessory structure be located in a required transition strip.
Section 405.417 Qualifying Patient Medical Marijuana Cultivation - An Accessory Use in all Zoning Districts.
[Ord. No. 1975, 9-18-2019]
A.
On any lot in the City of Dardenne Prairie, a person possessing a current, valid medical marijuana cultivation identification card issued by the State of Missouri may have as an accessory use qualifying patient medical marijuana cultivation as permitted by Article XIV, Section 1.7(9) of the Missouri Constitution so long as all the following conditions are met:
1.
The cultivation must take place only in a facility that is enclosed, locked and equipped with security devices (the "cultivation area"), all of which shall be designed in such a way as to permit access only by the qualifying patient or by such patient's primary caregiver and in accordance with all Federal and Missouri laws and regulations.
a.
The State-issued medical marijuana cultivation authorization must be clearly displayed within the cultivation area and in close proximity to the marijuana plants as required by State regulations.
b.
The cultivation area must have an odor control system that is at least as stringent as that which is required by State regulations and which complies with the nuisance and property maintenance codes of the City of Dardenne Prairie.
c.
No marijuana may be smoked, ingested or otherwise consumed or administered on the lot except by a qualifying patient.
d.
One (1) qualifying patient, or the primary caregiver for that person on their behalf, may cultivate up to six (6) flowering marijuana plants and six (6) non-flowering marijuana plants at any given time in a single, enclosed, locked facility.
e.
Two (2) qualifying patients, who both hold valid medical marijuana cultivation identification cards, may share one (1) enclosed locked and secured facility but no more than twelve (12) flowering marijuana plants and twelve (12) non-flowering marijuana plants may be cultivated in a single enclosed, locked facility, except when one (1) of the qualifying patients, as a primary caregiver, also owns a medical marijuana cultivation identification card for a third qualifying patient, in which case that primary caregiver may cultivate six (6) additional flowering marijuana plants and six (6) additional non-flowering marijuana plants for a total of eighteen (18) flowering marijuana plants and eighteen (18) non-flowering marijuana plants in a single, enclosed, locked and secured facility.
f.
All cultivated flowering marijuana plants in possession of a qualifying patient or primary caregiver shall be clearly labeled with the qualifying patients name.
g.
All patient marijuana cultivation must cease immediately upon the expiration, suspension or revocation of the State-issued medical marijuana cultivation identification card.
h.
Nothing herein shall convey or establish a right to cultivate medical marijuana in a facility or premises where State or Federal law or a private contract would otherwise prohibit doing so.
Section 405.420 Home Occupations.
[Ord. No. 516 §13(13.07), 6-21-2001; Ord. No. 542 §1(p), 12-20-2001; Ord. No. 627 §3(13.07(8)), 3-20-2003; Ord. No. 1341 §39, 8-20-2008; Ord. No. 1361 §1, 12-3-2008; Ord. No. 2207, 9-21-2022; Ord. No. 2286, 1-17-2023]
A.
The purpose of this Section is to ensure home occupations are conducted so that the average neighbor is not disrupted and to protect the health and safety of the public.
B.
Home occupations permitted pursuant to the provisions of this Section are subject to the following:
1.
Home occupations may only be performed by the owner or a tenant of the dwelling unit within which the home occupation is being performed;
2.
The total number of employees and clients on-site at one (1) time in a dwelling unit may not exceed the occupancy limit for the dwelling unit;
3.
The use of a dwelling unit for a home occupation shall not cause a substantial increase in traffic in the area of the dwelling unit;
4.
The activities of the home occupation shall not be visible from any adjoining street;
5.
In no way shall the appearance of the structure of the residence be altered or constructed in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises, vibrations;
6.
No storage or display of materials, goods, supplies, or equipment related to the performance of a home occupation shall be visible from the outside of any structure located on the premises of the dwelling unit;
7.
Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or cause fluctuations in the line voltage outside the dwelling unit or which creates noise not normally associated with residential uses shall be prohibited;
8.
All customer parking must be located so as to not negatively impact other properties and all home occupations must comply with parking regulations applicable to residential areas;
9.
The performance of any home occupation, including, but not limited to, the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off-street parking;
10.
Solid waste must not be stored or otherwise maintained on the property;
11.
No home occupation shall cause an increase in the use of any one (1) or more utilities (water, sewer, electricity) so that the combined use for the residence and the home occupation exceeds the average for residences in the neighborhood;
12.
Home occupations shall comply with State and Federal laws including paying applicable taxes; and
13.
The business activity performed by the owner or tenant of the dwelling unit shall be compliant with all State and Federal laws and ordinances of the City.
Section 405.425 (Reserved) [1]
[1]
Editor's Note: Former Section 405.425, Homeowner Business, was repealed 1-17-2023 by Ord. No. 2286. Prior history includes Ord. No. 516.
Section 405.430 Temporary Uses.
[Ord. No. 516 §13(13.09), 6-21-2001; Ord. No. 542 §1(p, q), 12-20-2001; Ord. No. 628 §§4 — 5, 3-20-2002; Ord. No. 832 §1, 12-15-2004; Ord. No. 889 §1, 6-15-2005; Ord. No. 1053 §5, 9-13-2006; Ord. No. 1140 §4, 3-21-2007; Ord. No. 1341 §40, 8-20-2008; Ord. No. 1441 §3, 11-4-2009; Ord. No. 1506 §1, 7-21-2010]
A.
Intent And Purpose. It is the intent and purpose of this Section to permit defined temporary uses within the City on a controlled, time-limited basis, while controlling any adverse impacts on the City's permanent uses. This Section is not intended to be a way to circumvent the strict application of the provisions of this Chapter pertaining to the use of property. Therefore, time limits are to be strictly enforced.
B.
Temporary Uses Permitted.
1.
Temporary retail sales use. If not already provided for as a permitted or conditional use by this Chapter, a temporary retail sales use shall be a temporary use in the non-residential zoning districts of the City provided the use meets the criteria set forth in this Section. This Section shall not supersede or substitute for any other Section of this Chapter that requires another type of permit, certification or approval.
a.
Criteria for temporary retail sales uses. A temporary retail sales use may be conducted by the owner, tenant, or lessee of any property located within a non-residential zoning district, provided the use meets the following criteria:
(1)
The temporary retail sales use shall obtain a temporary use permit, as approved by the Board of Aldermen. In reviewing the temporary use permit application, the following criteria and standards shall apply:
(a)
Sales of products, services or merchandise not otherwise permitted in this Code shall not be permitted;
(b)
The temporary retail sales use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the applicable zoning district;
(c)
No more than one (1) temporary retail sales use may operate at any given time on the same property;
(d)
The same location on private property may not have located thereon a temporary retail sales use more than four (4) times within a calendar year. For the purposes of calculating the number of temporary retail sales uses located on a property within a calendar year only, the location of a fireworks stand or tent permitted pursuant to Subsection (B)(7) of this Section on any such property shall be included as a temporary retail sales use;
(e)
Adequate parking for the customers of the temporary retail sales use shall be provided in accordance with Article XI of this Title and required spaces for the principal use of the property shall not be reduced;
(f)
The temporary retail sales use shall be limited in duration by the purpose for which the permit is sought and as specified through the temporary use permit, but in no event shall such use be permitted for more than one hundred twenty (120) days, whether consecutively or in the aggregate, during any calendar year;
(g)
A bond or other security agreement, in such amount to be determined by the City, as necessary, requiring and ensuring that the property be kept clean of all trash and debris during and immediately after the temporary retail sales use must be posted with the City prior to the establishment of the use;
(h)
Information on parking, traffic circulation, fire prevention, insurance vendors and health certificates where applicable shall be evaluated. If off-site parking is to be used, then written permission from the owner of the property on which parking is proposed must be provided;
(i)
A temporary retail sales use need not necessarily comply with the setback requirements of the applicable zoning district, provided however, that no display will encroach within the required yard setback for any district by more than fifty percent (50%) and no building, structure, display or equipment shall be located outside of the sight triangle as shown on Figure 2 of this Chapter;
(j)
In issuing a temporary use permit, the Board of Aldermen may approve appropriate conditions and safeguards as are necessary to protect the public interest and ensure harmony with the intent and purpose of this Section. If an applicant fails to meet such conditions, if the use becomes a nuisance, or if any provision of this Code is violated by the use, the temporary use permit may be revoked by the Director of Community Development upon providing the applicant with written notice of the revocation. If the use endangers the public health or safety, then the Director of Community Development may revoke the permit immediately. The applicant may appeal the revocation of the temporary use permit to the Board of Aldermen in the manner provided in Subsection (D)(3) of this Section; and
(k)
No temporary use permit authorizing a temporary retail sales use shall be transferable, assignable, or otherwise alienable, nor shall any such permit be granted authorizing a temporary retail sales use in a residential zoning district. Temporary retail sales uses shall be expressly prohibited in residential zoning districts.
b.
Application requirements. In conjunction with an application for a temporary use permit required pursuant to Subsection (D) of this Section, an applicant for a temporary retail sales use must submit a concept plan indicating the following:
(1)
Building(s) outline and floor area;
(2)
Parking areas and parking calculations;
(3)
Curb cuts and cross access with adjacent parcels, if applicable;
(4)
Site features including light standards, trash enclosures, fencing;
(5)
General location of landscaping;
(6)
Setback and appropriate yards;
(7)
Boundary of the subject property;
(8)
Adjacent or connecting streets and their names; and
(9)
Other items as deemed necessary by the Zoning Administrator, City Engineer, the Director of Community Development or the Board of Aldermen.
[Ord. No. 2207, 9-21-2022]
2.
Contractor's office. Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) shall be permitted as an accessory use to a construction project and to continue only during the duration of construction of such project. Such use need not comply with yard and setback requirements of this Chapter.
3.
Real estate offices. Real estate offices (containing no sleeping or cooking accommodations unless located in a display unit) incidental to a new housing development shall be permitted, but may continue only until the sale or lease of all dwelling units in the development. Such offices need to comply with the yard setback requirements.
4.
Seasonal sales. Seasonal sale of farm products grown on the premises in an "R-1A" District shall be permitted. Structures incidental to such sale need not comply with the applicable front yard requirements, provided that no such structure shall be located outside of the sight triangle as shown on Figure 2 of this Chapter. All such structures shall be removed or moved back off of the street setback line at the end of the season during which they are used.
5.
Carnivals and circuses. A carnival or circus shall be permitted in "C-1", "C-2" or "I-1" zoning districts for a period that does not exceed one (1) week. Such use need not comply with the applicable yard setback requirements, provided that no structures or equipment shall encroach within the required yard setback for the district in which it is located by more than fifty percent (50%) and no structure or equipment shall be located outside of the sight triangle as shown on Figure 2 of this Chapter.
6.
Disasters. A mobile home may be permitted as a temporary use for the purpose of providing a residential or non-residential structure following a disaster, such as a fire, windstorm or flood as determined by the Mayor of the City of Dardenne Prairie, provided that the mobile home is located on a three (3) acre minimum site and is located to minimize its impact on adjacent residential areas. Such mobile home shall be removed from its location within six (6) months after its original placement. However, the Mayor may extend the period six (6) additional months upon showing of good cause by the owner.
7.
Fireworks Stands Or Tents.
[Ord. No. 1806 § 1, 5-18-2016; Ord. No. 1859, 5-17-2017]
a.
Fireworks stands or tents shall be permitted as a temporary use on all parcels zoned "C-1," "C-2," "C-3" or "I-1" and having a valid non-conforming commercial use and being located either:
(1)
North of and not more than one thousand six hundred (1,600) feet from the northernmost right-of-way line of Missouri State Highway 40/Interstate 64;
(2)
South of and not more than one thousand six hundred (1,600) feet from the southern right-of-way line of that portion of Town Square Avenue between Missouri State Highway 40/Interstate 64 to Post Road; or
[Ord. No. 1998, 1-15-2020]
(3)
North of and not more than five hundred fifty (550) feet from the northern right-of-way line of that portion of South Outer 364 between Winghaven Boulevard/Bryan Road and Bates Road.
b.
Any such fireworks stands or tents shall also be subject to the following conditions:
(1)
Applications may be obtained from the City Clerk. Applications for temporary use permits for fireworks stands or tents must be accompanied by the following:
(a)
A site plan drawn to scale showing all structures on the property, both permanent and temporary, parking areas, storage areas, etc. The site plan must indicate the dimensions of the property and the exact location of all structures, including distances from property lines and between structures.
(b)
A letter from the owner of the property on which the stand or tent is located, authorizing the operation of a fireworks stand or tent on the property, dated and notarized not earlier than sixty (60) days prior to the date of the application.
(c)
A minimum of five (5) off-street parking spaces must be provided. These parking areas shall not be on vegetated areas that could present a fire hazard, i.e., dried grasses, weeds, etc.
(2)
One (1) or more signs reading "Fireworks — No Smoking" shall be displayed at all places where fireworks are stored or sold, in lettering not less than four (4) inches in height. Additionally, sufficient exits shall be provided and so indicated with "EXIT" signs.
(3)
One (1) fire extinguisher shall be provided within every fifty (50) feet of walking distance. The minimum weight for each fire extinguisher must be ten (10) pounds, and each fire extinguisher must have certification that it has been recharged within the preceding twelve (12) months. All fire extinguishers must be clearly visible. A minimum of two (2) fire extinguishers must be provided inside the stand or tent, and at least one (1) fire extinguisher must be provided at each entrance and exit. All fire extinguishers must be rated Class A, B, and C. All employees shall be adequately trained in the use of fire extinguishers. Water barrels and buckets may be used in addition to the required number of fire extinguishers.
(4)
Fireworks stands or tents must be located a minimum of two hundred (200) feet from gasoline storage tanks, gasoline pumps, or any structures or areas that contain flammable materials. No fireworks to be discharged within two hundred (200) feet of tent or stand.
(5)
All building setback requirements of the zoning district in which a stand or tent is located must be observed. All tractor-trailers, trucks, vans, or other temporary vehicles used for storage purposes shall be located a minimum of fifty (50) feet from the stand or tent unless, due to the size of the parcel or lot, this is not possible. In that event, the storage facilities must be located as far as possible from the stand or tent.
(6)
Flashing lights of any type are prohibited. All lighting shall be non-intermittent.
(7)
There shall be not more than one (1) sign or banner located on or attached to the fireworks stand or tent. In addition, one (1) ground sign shall be permitted for each stand or tent, located on the same property as the stand or tent. In addition, one (1) sign or advertisement shall be permitted attached to or painted on a tractor-trailer or similar large vehicle parked at the location. The total area of these signs shall not exceed four hundred (400) square feet each. All on-premises signs must meet the City's sign ordinance requirements. All off-premises signs advertising fireworks stands or tents shall comply with all rules and regulations governing signs of the zoning district in which the signs are located.
(8)
Each fireworks stand or tent must be kept in a clean and orderly manner and have trash removal service. Also, each stand or tent must have on site a metal refuse bin of not less than one and one-half (1 1/2) cubic yards' capacity that conforms to Federal Consumer Product Safety Commission, Part 1301 — Ban of Unstable Refuse Bins. All solid waste generated by the fireworks stand or tent must be placed in the metal refuse bin with the frequency of pickups being dictated by the size of said bin.
(9)
Each fireworks stand or tent must provide a portable restroom if there are no restrooms available on the site. The portable restroom must be placed out of sight and as far away from the main roadway as possible.
(10)
No person will be allowed within any street right-of-way flagging or directing traffic. No interference with the flow of traffic near the site of the fireworks stand or tent will be permitted. Fireworks stand or tent employees may direct customers to parking spaces only within the boundaries of the stand or tent's parking lot and driveways on private property.
(11)
Wholesalers may only sell to someone with a sales tax identification number. Buyers with a sales tax identification number must purchase a minimum of one hundred dollars ($100.00) of fireworks in bulk quantity.
(12)
The following fees have been established: three thousand dollars ($3,000.00) for a temporary use permit per stand or tent regardless of the square footage of said stand or tent. All fees must be paid by cashier's check to the City of Dardenne Prairie. Such fee must accompany the application. A full refund will be made in the event a permit is not granted. If a permit is granted, no fees or portion thereof will be refunded.
(a)
Anything contained in Section 405.430(B)(7) to the contrary notwithstanding, any non-profit or not-for-profit organization that operates a fireworks stand in the City of Dardenne Prairie, Missouri, on property owned by that organization, which is also its principal place of business, shall be required to pay a fee of one hundred dollars ($100.00), provided that no less than ninety percent (90%) of the profits the organization derived from the operation of the fireworks stand is donated to an organization or organizations which qualify under 26 U.S.C. Section 501(c)(3) as charitable organizations. It shall be the duty of every person engaged in the business of establishing, maintaining or conducting any fireworks stand pursuant to Section 405.430(B)(7)(l) to file with the City Clerk, on or before the 30th day following the end of the fireworks season for that calendar year for which the permit is issued, a sworn statement of the gross receipts from such fireworks stand and a receipt from the charitable organization(s) to which said profits were donated. The City Clerk or his/her duly authorized representative may investigate the correctness and accuracy of the statement required and for that purpose shall have access to the books, documents, papers and records of such fireworks stand at all reasonable times to ascertain the accuracy thereof.
(13)
A certificate of insurance showing specific coverage levels and showing the City of Dardenne Prairie as additionally insured shall be provided by the applicant at the time fees are paid and shall be as follows:
(14)
Retail sales of fireworks are permitted from fifteen (15) days prior through five (5) days after July 4 of every year. All temporary use permits issued for fireworks stands or tents shall expire on the eighth day following July 4 of every year.
(15)
Fireworks stand or tent owners must contact the fire protection districts or volunteer Fire Department in which the stand or tent is located regarding payment of any local fees and/or regulations so applicable.
(16)
If any fireworks stand or tent operator is cited for violating any of these regulations and fails to correct said violations within forty-eight (48) hours, the operator will have to close said stand or tent until the violations are corrected.
(17)
The following are some of the more common building and electrical code violations regarding fireworks stands or tents. Please note:
(a)
All overhead electrical wires must be supported by a steel cable one-eighth-inch minimum diameter and fastened to the cable every fifty-four (54) inches.
(b)
The overhead wire shall be a minimum of fifteen (15) feet from ground level.
(c)
All electrical panels, receptacle boxes or any other type of exterior devices must be weatherproof and in acceptable condition to meet electrical codes.
(d)
The only approved extension cords must have built-in fuse breakers.
(e)
All electrical work must comply with the currently adopted National Electrical Code.
(18)
Field Inspections. The Mayor or his/her designee, which may include the City Engineer, will inspect permitted fireworks stands and tents for compliance with the above regulations. This inspection will be made prior to the stand or tent being open for sales. It is the responsibility of the stand or tent owner to notify the City that the stand or tent is ready for inspection or reinspection prior to being open for sales.
(19)
Temporary Dwelling Structures. No temporary building, structure, tent or stand may be constructed, raised, installed or occupied until all valid building permits have been issued pursuant to the applicable provisions of the Building Code of the City of Dardenne Prairie, Missouri.
(20)
Permits. All permits must be placed in plain view of the public.
C.
Temporary Dwelling Structures. No cabin, garage, cellar, basement or other temporary structure, whether of a fixed or movable nature, may be erected, altered or moved upon a site and used in whole or in part for any dwelling purpose whatsoever for any length of time whatsoever.
D.
Administration. The Mayor, with approval by the Board of Aldermen, is authorized to issue or deny a permit for a temporary use within any zoning district provided it meets the requirements of this Section and does not create a concern regarding health, safety, traffic and the general welfare. The permit may be issued for a specified period of time and shall contain provisions regarding health, safety, traffic and the general welfare. The Mayor and Board of Aldermen may require such assurances or guarantees of compliance with conditions as are reasonable and appropriate under the circumstances.
1.
Application and fees. Application for a temporary use permit under the provisions of this Section shall be made to the City Clerk by filling in the official temporary use permit application form created by the Director of Community Development; submitting required data, exhibits and information; and depositing the required fee with the City Clerk. Except as otherwise provided in this Section, the application fee for temporary use permits shall be per the fee schedule for services, permit applications, plan reviews, inspections, rezonings and conditional uses, which is on file in the office of the City Clerk. No part of such fee shall be returnable to the applicant. Each completed application should be filed with the City Clerk at least thirty (30) days prior to the Board of Aldermen meeting at which it may be first considered.
2.
Information required. An application for a temporary use permit shall be signed by all the owners of the property to be used or by their agent or agents having authority to sign the application on their behalf and by the applicant if other than the owner. The application shall be submitted to the City Clerk and shall contain or be submitted concurrently with the following information:
a.
A legal description of the property to be affected, including one (1) hard printed copy and one (1) electronic copy in a Microsoft Word compatible format;
b.
The names and addresses of all the owners of the affected property and copies of the deeds on file with the office of the St. Charles County Recorder of Deeds proving such ownership;
c.
The date of filing with the City Clerk;
d.
The present zoning and proposed use of the property;
e.
The names and addresses of the applicant, and a statement as to their authority to use the affected property (i.e. lessee, owner, tenant, licensee, etc.);
f.
Signature(s) of the applicant(s) and owner(s) certifying the accuracy of the required information. If the owner(s) of the property or the petitioner(s) are a trust or business entity, then proof of the authority of the party executing the petition must be provided by way of resolution, minutes, bylaws, articles of incorporation or some other reasonable means;
g.
The duration of the temporary use, identifying the date of beginning and date of termination of the operation of the temporary use; and
h.
Any such other information, records or documents as may be required pursuant to this Section.
3.
Appeal of denial or revocation. Immediately following a decision of the Mayor and/or Board of Aldermen to grant or deny a temporary use permit, the Board of Aldermen shall prepare written findings of fact and conclusions of law and shall provide notice of such decision to the applicant. In the event of approval of a license by the Mayor and the Board of Aldermen, the notice to the applicant shall be given by letter in person or by mail. In the event of a denial of a temporary use permit by the Mayor or the Board of Aldermen or a revocation by the Director of Community Development, the notice to the applicant shall be by certified mail, return receipt requested; and the notice shall state with particularity the reasons for such denial or revocation. Any applicant who is aggrieved by the denial or revocation of a temporary use permit of any kind may, within ten (10) days of date of return receipt of such notice of denial or revocation, appeal such denial or revocation for a hearing before the Board of Aldermen. The review of the denial of the temporary use permit by the Board of Aldermen shall be a review de novo of the application and the Board of Aldermen shall hold a hearing on the temporary use permit application. The Clerk of the City shall notify the applicant of the date, time and place of the hearing on the application by certified mail, return receipt requested. If a hearing is so demanded, the proposed applicant may be represented by an attorney, and adduce evidence in support of the application. The City may adduce evidence in opposition to the application. The Board of Aldermen and the applicant may demand of the Mayor and the City Clerk that subpoenas be issued to compel testimony of witnesses at the hearing. The hearing shall be held within thirty (30) days of the filing of the appeal. The license application may be granted only upon the affirmative vote of a majority of the members of the Board of Aldermen.
The Mayor may vote only to break a tie vote of the Aldermen.
Section 405.435 Number of Buildings Permitted per Lot.
[Ord. No. 516 §13(13.10), 6-21-2001; Ord. No. 1053 §6, 9-13-2006]
A.
Not more than one (1) principal detached single-family dwelling unit shall be located on a tract of land, nor shall a principal detached single-family dwelling unit be located on the same tract of land with any other principal building or structure.
B.
If a subdivider subdivides a tract of land and there is an existing structure situated on a subdivided tract, that structure must be platted on a legal lot of the subdivision. The construction or alteration of any principal structure on such other subdivided parcels of said tract of land is prohibited by this Chapter.
C.
No accessory land use or development shall be established until a primary structure or use is established on the same lot. No accessory land use or development shall be allowed to continue after termination of the primary use or development on a lot.
D.
In the event two (2) or more permitted, conditional or accessory uses are conducted on the same tract of land, each having different minimum area requirements, the minimum area regulations for the combined uses shall be the largest of the required minimum areas for each of the particular uses.
E.
Approved Lots. Every building or complex of buildings erected or structurally altered after the effective date of this Chapter shall be located on a lot that meets the requirements of both this Chapter and subdivision regulations. The open space requirements for the district in which each lot is located must likewise be met.
F.
Minimum Lot Size. Land dedicated for street right-of-way shall not be included in computing minimum lot area for the purposes of this Chapter. However, if through dedication of street right-of-way the area of any lot or parcel already established via the provisions of the land use and subdivision regulations is decreased below the minimum area required in the applicable zoning district, development rights shall not be denied.
Section 405.437 Prefabricated Structures.
[Ord. No. 2211, 10-5-2022]
A.
Prefabricated structures are only permitted within the "C-3" Retail Commercial District pursuant to a conditional use permit. The use of prefabricated structures is discouraged, and should only be permitted as a conditional use permit upon demonstration by the applicant that such use is compatible and complimentary to adjacent buildings and structures, will not negatively impact the property values of adjacent properties, and is consistent with the comprehensive plan.
B.
No prefabricated structure may be used for residential purposes.
C.
Prefabricated structures may be used for commercial retail purposes from which any goods, wares, flowers, horticultural products, food, drink or similar items may be sold.
D.
Permit Required.
1.
A building permit is required prior to permanent placement of a prefabricated structure ensuring effective anchoring/foundation/placement on a permanent foundation according to the Building Code.
2.
Prefabricated structures shall meet all the zoning requirements of the underlying zoning district, including placement, fencing, and screening, shall have functioning utilities commensurate with their usage and be included in the calculation of overall lot coverage.
3.
Prior to any construction or placing of any prefabricated structure on the building site, the fabricator of such building shall be required to submit to the Zoning Administrator a certification that the building or dwelling was assembled as per the approved plans and specifications.
E.
Appearance And Maintenance. Any prefabricated structure must designed to have color, scale and proportions compatible and complimentary to adjacent structures and developments. Any prefabricated structure must be a minimum of one thousand two hundred-eighty (1,280) total square feet, but must not exceed a maximum of three thousand two hundred (3,200) total square feet. Graffiti, words, murals or logos are not allowed. Shipping container structures shall be painted or treated so as to prevent rust.
Section 405.440 Condominiums.
[Ord. No. 516 §13(13.11), 6-21-2001]
The declaration and all details of covenants, bylaws and administrative provisions pertinent to the maintenance of buildings, structures, land and other physical facilities for condominiums shall be reviewed and approved by the Board of Aldermen prior to issuance of a building permit.
Section 405.445 Keeping of Livestock.
[Ord. No. 516 §13(13.12), 6-21-2001]
No livestock or other animals may be kept, maintained or boarded for any commercial purpose or enterprise unless kept on a minimum of ten (10) acres and expressly meeting all criteria set forth in this Chapter.
Section 405.450 Exterior Lighting Standards.
[Ord. No. 516 §13(13.13), 6-21-2001]
A.
Purpose. The purpose of this Section is to regulate the spillover of light and glare on operators of motor vehicles, pedestrians and land use in the vicinity of a light source in order to promote traffic safety and to prevent the creation of nuisances.
B.
Applicability. The requirements of this Section apply to all private exterior lighting within the City of Dardenne Prairie.
C.
Depiction On Required Site Plan. Any and all Site Plans shall depict exterior lighting to show its location, orientation, intensity of illumination and configuration on the Site Plan required for the development of the subject property.
D.
Requirements.
1.
Intensity of illumination. In no instance shall the amount of illumination attributable to exterior lighting, as measured at the property line, exceed fifty-hundredths (0.50) foot-candles. The use of shielded luminaries and careful fixture placement is encouraged so as to facilitate compliance with this requirement.
2.
Location. Light fixtures shall not be located within required transition strips.
3.
Flashing, flickering and other distracting lighting. Flashing, flickering and/or other lighting which may distract motorists is prohibited.
4.
Minimum lighting standards. All areas designated on required Site Plans for vehicular parking, loading or circulation and used for any such purpose after sunset shall provide artificial illumination in such areas at a minimum intensity of four-tenths (0.4) foot-candles.
5.
Height of fixtures. Lighting shall be permitted at heights reasonable to meet the minimum illumination requirements while maintaining complete compliance with the intensity, location and orientation standards of this Section.
6.
Special events lighting. Any temporary use having exterior lighting which is not in complete compliance with the requirements of this Section shall require the approval of the Board of Aldermen.
7.
Non-conforming lighting. All lighting fixtures legally existing prior to the effective date of this Section shall be considered as legal non-conforming uses.
Section 405.453 Architectural Standards.
[Ord. No. 833 §1(13.14), 12-15-2004]
A.
The Conditions, Covenants, and Restrictions shall establish architectural standards for the property within the development corridors. The standards must comply with this section.
B.
The architectural standards must achieve the following objectives:
1.
Architectural compatibility
2.
Human scale design
3.
Integration of uses
4.
Encouragement of pedestrian activity
5.
Buildings that relate to and are oriented toward the street and surrounding buildings
6.
Buildings that contain special architectural features to signify entrances to existing neighborhood and important street intersections
7.
Neighborhood Center Area buildings that focus activity on neighborhood square
C.
Architectural standards must be consistent with the guidelines and objectives of Chapter 3 - Architectural Design Guidelines of the Traditional Neighborhood Design Manual.
D.
These Architectural standards must be complied with in areas of less than twenty (20) acres along the development corridors of Town Square Avenue from Route 40/61 to Route K, of Fiese Road from Henke Road to Stump Road and Post/Hanley Roads from Feise Road to Route 40/61.
[Ord. No. 1998, 1-15-2020]
Section 405.454 Miscellaneous Regulations.
[Ord. No. 1219 §3, 9-19-2007]
An adult business shall not be located within one thousand (1,000) feet of the property line of any "R" Residential District, regular place of religious worship, a public or private school, hospital or nursing home, licensed day care for children, public park, cultural institution, such as a museum, or pre-existing adult business. An adult business is any business which offers its patrons goods of which a substantial portion are adult oriented items or services relating to such items. Any business where more than fifteen percent (15%) of the retail value of merchandise offered for sale consists of adult oriented items shall be presumed to be an adult business. No adult business shall advertise, display or promote adult oriented items so that they are visible from outside the premises.