The regulations as provided for in this Chapter supplement and qualify regulations contained elsewhere in this Title. Unless otherwise stated, the regulations hereafter established shall apply as specified to the zoning districts and development therein established by this Title.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

A.

Building height shall be measured as the vertical distance from the finished grade to the highest point of the structure. "Finished Grade" at any point on a lot is determined based on existing corner point elevations, taking into consideration significant variations relative to adjacent properties. In cases where there is significant variation in elevations between adjacent properties at corner points, the point of measurement shall be established based on the elevation at the nearest public improvement or an alternative point within 3 horizontal feet which, based on supporting evidence, represents existing unaltered grade. In the absence of supporting documentation, the corner point elevation shall be established at ½ the difference between the adjacent elevation and the elevation on the property in question. The determination of grade shall be made by Director of Public Works, based on all available evidence, and any disputes shall be referred to the Planning and Zoning Commission. For lots with convex contours (where the ground level arches upward along a property line) the "grade" of a lot may be based on a detailed topographical survey along the property line with spot elevations called out at a minimum of two (2) foot intervals." In general, maximum height runs parallel to the slope of the ground. Where any question about height exists, a height survey performed by a licensed surveyor or civil engineer will be required. Height regulations shall be subject to the following provisions:

1.

Single-family dwellings may be increased in height by not more than ten (10) feet when the side and rear yards are both increased over applicable requirements by at least ten (10) feet. No dwelling may exceed three (3) stories in height.

2.

Public buildings, hospitals, schools and other institutional buildings may be erected to a height not exceeding sixty-five (65) feet and houses of worship may be erected to a height not exceeding seventy-five (75) feet, if the building is set back from each yard line at least one (1) foot for every foot of height additional to the height limits applicable to the district.

3.

Flagpoles, not to exceed thirty-five (35) feet in height, may be erected in any Commercial District provided that not more than three (3) flagpoles are erected on any single lot. In Residential Districts, no more than one (1) flagpole, per lot, may be erected to a height not to exceed twenty-five (25) feet.

B.

Television and radio towers, church spires, belfries, monuments, tanks, stage towers, scenery lofts, cooling towers, ornamental towers, chimneys, elevator bulkheads, stacks [and] conveyors may be erected to a height permitted by the Planning and Zoning Commission after careful review. The Planning and Zoning Commission must take into account the effect of the structure on the privacy, quiet and other environmental features of the neighborhood. The Planning and Zoning Commission may also prohibit unsafe and poorly constructed structures of the type listed in this subsection.

C.

Yard, setback, and open space regulations as referenced elsewhere in this Title shall be subject to interpretation based on the defined areas as shown in Figure 406.010-A as shown below and shall be subject to the provisions as follow Figure 406.010-A:

Figure 406.010
A Lot Types, Setback, and Yard Areas

1.

Whenever the term "rear yard", "side yard" or "front yard" is used, the meaning shall be limited as follows:

a.

On all corner lots, at least the required front yard shall be provided facing each street.

b.

On corner lots, the rear yard is the yard opposite the yard onto which the main entrance of the building opens. The main entrance is presumed to open upon the yard which is at the street on which the main building has its postal address.

c.

On all commercial property fronting on Manchester Road, the rear yard and rear buffer area requirements shall always apply to the portion of the property opposite that portion which fronts on Manchester Road. If such commercial property is bounded by additional streets or other ways, front yard requirements shall apply to all portions of the lot facing each street or way other than the portion which is opposite that portion which fronts on Manchester Road.

2.

An open, covered or uncovered porch or paved terrace may project into a required front yard for a distance of up to ten (10) feet provided that it maintains a front yard setback of at least twenty (20) feet.

3.

A porte-cochere or canopy, unenclosed on any side, may project into a required side yard, but not less than five (5) feet from the lot line.

D.

On any corner lot within any zoning district within the City, a sight triangle area as depicted in Figure 406.010-B below is required to be provided to allow for safe vehicular, pedestrian, and bicyclist vision of approaching traffic. This area shall be free of signs, fences, trees, shrubbery or other plant material (greater than 36 inches in height). The area depicted in Figure 406.010-B is intended to depict a general requirement. The actual dimensions of the site triangle, its orientation to the street right-of-way, and the types of plant material to be allowed shall be subject to review by the Director of Public Works who shall approve the specifically required sight triangle area based on the character of the streets at the intersection, the topography conditions of the lot, and other factors that may affect the safety of the intersection.

Figure 406.010-B
Corner Site Triangle

E.

Fences erected on residential lots and in commercially zoned districts after the effective date of this section shall be subject to the following provisions:

1.

Decorative and/or sight-proof fences not more than six (6) feet in height may be located only within rear or side yards.

2.

Decorative fences not more than thirty-six (36) inches in height may be located within any front yard and the side-street yard of any corner lot. Such fences must be at least one (1) foot behind the sidewalk or the street right-of-way, whichever is farther from the street. Provided, however, when such fence is required by the building code due to the height or location of retaining walls, such fences may be constructed to the minimum height mandated by the building code. Fences constructed within any front yard must be of the open variety and may not be sight-proof. Typical fence examples are shown in Figures 406.010-C and 406.010-D below.

Figure 406.010-C
Examples of Fence Types
Examples of Decorative and/or Sight Proof Fences - Not to Exceed a Height of Six (6) Feet

Figure 406.010-D
Examples of Fence Types
Examples of Decorative Fences - Not to Exceed a Height of Three (3) Feet

3.

On corner lots, fences of any type may not be located in front of the building lines along the side street in order to preserve a sight triangle as required by Section 406.010, D. above. See Figure 406.010-E below. The requirements found in subsections (E)(1) and (E)(2) shall also apply to corner lots.

Figure 406.010-E
Permitted Fence Areas

4.

When a single-family dwelling on a corner lot faces a minor street and has a second front yard adjacent to a major collector or arterial road, a decorative or privacy fence, up to six (6') feet in height, shall be permitted in the second front yard. Such fences must be a minimum of one (1') foot inside the sidewalk and may not encroach on the sight triangle.

For purposes of this section, arterial and major collector roads in Des Peres are: Ballas Road, Barrett Station Road, Bopp Road, Des Peres Road, Dougherty Ferry Road, Lockett Road, and Lindemann Road.

5.

No fences may be constructed after the effective date of this ordinance constructed of barbed wire, chicken wire, bamboo or similar materials. In addition, no chain link fences may be constructed in any residential zoning district for perimeter fencing of lots or other purposes except use of vinyl coated chain link fencing is permitted in conjunction with backstops for athletic fields, sport/tennis courts or similar uses. Such prohibition on use of chain link fencing shall not apply to golf courses in residential zoning districts except for boundary fencing separating the golf course from adjoining single family residential uses including public streets.

6.

All fences shall be kept in good repair and, if of a type other than chain link or similar non-rusting material, shall be properly painted or preserved.

7.

Any person who desires to erect a fence on a residential lot within the city shall file an application for a fence permit with the Department of Public Works. Such application shall contain information concerning the proposed dimensions and location of such fence, and the materials from which it is to be constructed. If the proposed fence appears to conform to the provisions of this section, the Department of Public Works shall issue a permit. The application fee shall be as established by the City in accord with the provisions of Chapter 418, Section 418.015 of this Title.

8.

It shall be the duty of the Director of Public Works to enforce the provisions of this section. Whenever the Director of Public Works determines that a person is violating the provisions of this section, he shall give notice of such alleged violation which shall:

a.

Be in writing;

b.

Be served upon the person, his agent, or a member of his immediate family personally, or delivered by registered or certified mail to his last known address;

c.

Contain a statement of the reason why it is being issued;

d.

Contain a statement concerning what action should be taken to effect compliance with this section; and

e.

Allow a reasonable time for the performance of any act necessary to effect compliance.

9.

All fence appeals shall be directed to the Board of Adjustment. When a person subject to the provisions of this section can demonstrate that the strict application of the terms hereof will substantially impair the reasonable use and enjoyment of property, such person may apply for a variance to the provisions of this section by filing a written application with the Board of Adjustment. The Board of Adjustment shall conduct a hearing on said application after written notice is sent to the owners of all property abutting the property upon which the fence is sought to be erected by first class mail.

10.

Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.

(Ord. No. 2800, § 1(Exh. A), 10-9-17; Ord. No. 2850, § 1, 9-9-19; Ord. No. 3028, §§ 3, 4, 8-12-24; Ord. No. 3039, § 1, 1-13-25)

Home occupations shall be permitted as an accessory use to a residential use in any zoning district. However, in order to promote peace, quiet and freedom from excessive noise, excessive traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in residential areas, all home occupations must meet the following restrictions:

A.

The use must be clearly incidental and secondary to the use of the premises for dwelling purposes.

B.

The home occupation must be carried on wholly within the main building on the lot and may not involve the use of any accessory structure.

C.

The home occupation must be pursued by one (1) or more members of the family who reside on the premises and no more than one (1) nonresident of the principle structure on the premises may be employed on the premises; if the home occupation employs persons to work at other locations the property upon which the home occupation is located may not be used as an assembly point for any employees who may work at other sites.

D.

No sign, name plate or other on-premises advertising may be displayed and no obvious indication of a business being conducted may be allowed.

E.

The home occupation must not involve storage of hazardous or construction materials of a nature or extent other than normally used for purely domestic or household purposes, nor the display of products or materials or similar showroom activities, and no exterior identification of the home occupation or identifiable variation from the residential character of the main building or accessory building will be allowed.

F.

No more than two (2) customers, patrons, students or callers of any kind may be on the premises at any given time.

G.

No equipment may be used which would not normally be used for purely domestic or household purposes or which would create offensive noise, vibration, smoke, dust, odor, heat, or glare.

H.

No more than twenty (20) percent of the gross floor area of the main building on the premises may be used in association with any home occupation.

I.

No commercial vehicle shall be parked or stored other than in an enclosed garage.

J.

No home occupation shall be permitted if it includes the conducting of a tearoom or restaurant, rest home, clinic, doctor or dentist office, tourist home (or other type of transient accommodation), real estate office, construction business (other than managerial, administrative, consulting or similar office activities, to the extent otherwise allowed by this section), metal or auto repair shop, or any activities involving the presence of more than two (2) customers or clients at the facility at any given time or fostering noise or traffic on and near the property.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

Where otherwise allowed by the applicable regulations for the zoning district in which the property is located, accessory structures may be installed and accessory land uses may be undertaken only if the structure and or use is: (a) customarily found in conjunction with the principal use of the lot; (b) is a reasonably necessary incident to the primary use; (c) is clearly subordinate, both in nature and size, to the primary use; and (d) serves only to further the successful utilization of the primary use. Subject to these limitations accessory uses and structures must be in compliance with the following requirements:

A.

All home occupations must comply with the requirements of Section 406.015.

B.

Accessory structures, including decks and swimming pools, shall in no case occupy more than thirty (30) percent of the required rear yard of the lot and shall not in total occupy an area equivalent to a percent of the main floor area of the principal building on the lot as provided in this section:

1.

An open, uncovered deck or porch may project into the required rear yard setback for a distance of up to ten (10) feet.

2.

Accessory structures may not be greater in height than the height of the main structure or twenty (20) feet in height, whichever is less.

3.

No accessory structure may be located, erected or installed:

a.

In any required front yard, including additional front yard areas required for corner lots and certain commercial property pursuant to Section 406.010, C, 1; nor

b.

Be between a line parallel to the side of the building which contains the main entrance, as defined in Section 406.010, C, 1, b and the street line which that entrance faces; nor

c.

Closer than six (6) feet to any lot line; nor

d.

Closer than ten (10) feet to the main structure on the lot.

C.

Accessory structures may not be used for business or home occupation purposes, nor for any activities which create noise greater in volume or duration than that normally occurring in a residential area, noxious odors, smoke or other particulate matter or atmospheric pollution, electrical or communication interference, or other readily identifiable hazards to neighboring properties.

D.

No accessory structures containing two hundred fifty (250) square feet of floor area or more may be constructed, erected or installed without a conditional accessory structure permit issued by the Planning and Zoning Commission following review for compliance with the following standards:

1.

Such accessory structures must be located only in the rear of the lot and set back from rear and side lot lines the same distance as the required side yard setback distance for principal buildings in the zoning district in which the lot is located.

2.

Such accessory structures must be architecturally consistent in design with the principal structure and constructed of materials and have exterior finishes which are compatible and harmonious with those of the principal structure.

3.

No such accessory structure may be of a size which is so disproportionate to the principal building on the lot or so disproportionate to the size of the lot upon which it is located, the size of neighboring lots, or required rear yards for lots in the zoning district in which it is located as to no longer be clearly subordinate in nature and size to the primary use of the property, as required above, or so as to result in a building of such size, or a reduction of open space, substantially greater than generally found on lots of similar size in the city.

4.

Such accessory buildings may not have interior or exterior lighting which would shine directly on any adjacent property.

5.

No such accessory structure may be so located as to block natural surface water drainage or cause a diversion of surface water onto other properties.

E.

Upon receipt of an application for a conditional accessory structure permit the Director of Public Works shall notify the record owners of all properties within two hundred (200) feet of the property for which the application has been filed of the filing of the application and the date when the application is expected to be presented to the Commission. The Planning and Zoning Commission may act on the application or refer the matter to a committee for further review and study. Any application not acted upon by the Planning and Zoning Commission within one hundred (100) days of the first regular meeting of the Planning and Zoning Commission after filing of a completed application shall be deemed to have been approved, unless an extension shall have been granted with the approval of the applicant. The action of the Planning and Zoning Commission shall be final, subject only to the authority of the Board of Adjustment to grant variances from the requirements of this section if the applicant establishes practical difficulties or undue hardship as provided in Chapter 2, Article IV, Section 2-149 of the Des Peres Municipal Code.

(Ord. No. 2800, § 1(Exh. A), 10-9-17; Ord. No. 2983, § 1, 7-10-23; Ord. No. 3055, § 2, 5-12-25)

A group home, as defined in this Title, shall be a permitted use in any residential zoning district in the City of Des Peres, subject to the following limitations:

A.

No more than eight (8) unrelated mentally or physically handicapped persons may reside in any individual group homes.

B.

Not more than two (2) additional persons acting as houseparents or guardians, who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home, may also reside on the premises.

C.

The exterior appearance of any group home and property shall be in reasonable conformance with scale, massing, appearance, site design, architecture, other characteristics and general neighborhood standards of the area within which the group home is located, as determined by the reasonable professional administrative judgment of the Director of Public Works. Any person aggrieved by a decision of the Director of Public Works as to this "reasonable conformance" requirement may appeal that decision to the Des Peres Board of Adjustment pursuant to Chapter 2, Article IV, Section 2-148 of the Des Peres Municipal Code.

D.

No group home may be established on any lot which is adjacent to any portion of the lot line of any existing group home, whether such existing group home is located within or outside the city. No group home which is owned or operated in whole or in part by an "affiliated person or entity" (as that phrase is defined in Chapter 1, Section 1-15 of the Des Peres Municipal Code) that owns or operates, in whole or in part, an existing group home may be located on the same or opposite side of the street upon which such an existing affiliated group home has any frontage within the same block as the existing affiliated group home, whether such existing affiliated group home is located within or outside the city.

E.

Each group home shall provide sufficient off-street parking in conformity with the parking standards set forth in Chapter 410, Section 410.015 of this Title to accommodate the needs of the houseparents, residents and visitors to the premises. The Director of Public Works shall establish the required number of parking spaces for each group homes based upon:

1.

The number of houseparents or guardians to reside in the home;

2.

The reasonable needs and circumstances of the persons intended to reside in the home; and

3.

The reasonably anticipated frequency and duration of visitors to the home.

Any person aggrieved by a decision by the Director of Public Works as to the number or necessity of parking spaces may appeal that decision to the Des Peres Board of Adjustment pursuant to Chapter 2, Article IV, Section 2-148 of the Des Peres Code of Ordinances.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

A.

It shall be unlawful to install an exterior building illumination system or device on or around any building in the City of Des Peres which involves neon lighting or similar lighting systems, or the use of any colored lighting other than white or a substantially similar natural light. Provided, however, that this section shall not prohibit the temporary display of decorative colored lighting in conjunction with traditional holiday seasons.

B.

It shall be unlawful to install any exterior illumination system or device on or around any tennis, basketball, racquetball, handball, and/or other sport courts, hockey/ice rinks, batting cages, or other similar sports facilities located in a residential zoning district within the City of Des Peres (zones A, AA, B, D, E or F).

(Ord. No. 2800, § 1(Exh. A), 10-9-17; Ord. No. 2901, § 1, 7-12-21)

A.

The provisions of Section 406.010 apply to commercial districts.

B.

All electrical, telephone and telegraph distribution lines shall be installed underground. Mounted transformers and service pedestals shall be allowed above ground.

C.

A non-transparent fence or masonry enclosure shall be placed around a solid waste dumpster of one (1) cubic yard or greater which is placed to serve any commercial structure. The fence or enclosure shall be a minimum of one (1) foot wider of all sides and one (1) foot taller than the solid waste dumpster it encloses. Adequate non-transparent doors or gates shall be used which allow the solid waste dumpster to be easily removed from the enclosure, provide for reasonable access for building occupants or tenants to make use the dumpsters, and which are designed to contain any stray debris. For multi-tenant commercial structures, a single such enclosure may be constructed to serve the various tenants or enclosures may be constructed to serve groups of tenants. Such enclosures and their doors or gates shall be maintained in good condition and any damage shall be repaired within a reasonable time.

D.

Commercial properties with owners or tenants that employ mechanical trash compacting/recycling equipment shall locate such equipment within the primary building, within exterior enclosures, or on covered loading dock areas. Where commercial uses employing such equipment are located adjacent to residential areas, use of such equipment shall be prohibited between the hours of 9:00 PM and 9:00 AM.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

Purpose and Intent

The purpose of this Section is to provide for the temporary use of land for Special Events in a manner consistent with its normal use and beneficial to the general welfare of the public. Furthermore, it is the intent of this Section to protect nearby property owners, residents and businesses from Special Events that may be disruptive, unsafe or inappropriate given site conditions, traffic patterns, land-use characteristics and the nature of the proposed event.

Definitions

The terms used in this Section, for purposes of the regulations in this Section, shall be defined as follows:

A.

Special Event. A temporary, short-term use of land or temporary structure(s), located or conducted outside, that is, not within a permanent building or structure. A Special Event may be on public or private street right-of-way, public property, or private property within the corporate limits of the City of Des Peres, Missouri and may include, but not be limited to, the following types of activities:

1.

Athletic Event. An organized competitive or recreational event in which a group of people collectively engage in a sport or form of physical exercise, including but not limited to: running, jogging, walking, bicycling or skating, on any public street right-of-way or upon public property in the corporate limits.

2.

Block Party. A neighborhood event, in which a street, common ground, or other publicly accessible area, is temporarily closed either to observe an event of some importance or for mutual enjoyment of residents.

3.

Commercial Event. Commercial activities, either on the same property as the primary commercial use, or on other private or public property, which are intended to sell, lease, rent or promote specific merchandise, services or product lines, including, but not limited to: tent sales, sidewalk sales, trade shows, flea markets, product demonstrations or parking lot sales of food, art work or other goods, and grand openings.

4.

Entertainment Event. An organized event having as its primary purpose the entertainment or amusement of a group of people, including but not limited to: carnivals, festivals, fairs, or concerts, on public or private property within the corporate limits.

5.

Film Production. The process of making a film on public or private property within the corporate limits.

6.

Garage Sales. The sale of personal property that is conducted on premises within a residential district upon which is located a dwelling, or on any portion of a lot used for residential purposes.

7.

Non-commercial Events. Fundraising or non-commercial events sponsored by non-profit groups or non-profit organizations.

8.

Parade. Any march or procession consisting of people, animals, or vehicles, or any combination thereof, except funeral processions, upon any public street, sidewalk, alley, jogging trail, or bike path, which does not comply with normal and usual traffic regulations or controls.

9.

Political Event. An organized event, not including an athletic or entertainment event, having as its primary purpose the exercise of expressive activities of a political nature, including but not limited to speech making, picketing, protesting, marching, demonstrating or debating public issues.

10.

Seasonal Sales. Farmer's market, Christmas tree sales, fruit, flower or vegetable sales, or sale of other seasonal products, when sold on property other than on the site where grown, constructed or assembled.

11.

Private Events. Events held on private property meeting all applicable codes and ordinances, including but not limited to wedding receptions and birthday events.

B.

Non-Profit Group or Organization. Any person(s), partnership, association, non-profit corporation, a 501(c) 3) corporation, or other group that does not distribute its surplus funds to its owners, shareholders or members, and whose activities are conducted for charitable, civic, or humanitarian motives, or for the benefit of others, and not for the private gain of any individual or group and may include, but shall not be limited to, patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, cultural, charitable, scientific, historical, athletic, or medical activities.

C.

Special Event Signage. Signage that is temporary in nature, is not permanently attached to the ground or sign surface, and is used to advertise any type of Special Event as listed herein, whether or not a Special Event Permit is required.

Permit Required

Except as otherwise provided under the Exemptions section of this Section, a Special Event Permit is required for the following Special Events, as defined above:

1.

Athletic Events.

2.

Commercial Events.

3.

Entertainment Events.

4.

Non-Commercial Events.

5.

Seasonal Sales Events.

6.

All Special Events requiring street closure.

7.

All Special Events which include street vendors to be located on public right-of-way.

8.

All Special Events involving mobile food vending.

9.

Block Parties requiring street closure.

10.

Parades.

^* All proposed special events involving the sale or distribution of alcohol shall be subject to the provisions under Chapter 4 of the Des Peres Municipal Code.

Exemptions

The following Special Events are exempt from the requirements of this Section and do not require a Permit, unless the Special Event requires street closure:

A.

Commercial event, if it has a minimal impact on the community. Criteria for determining minimal versus significant impact shall include, but not be limited to the following: 1) public services required, 2) tent, canopy, stage, amusement device, or other temporary structure, 3) traffic circulation, 4) parking considerations, and 5) anticipated attendance in excess of allowable parking capacity. This could include centralized Special Events held within a shopping center parking area, not connected to individual businesses within the shopping center, with no off-site impact. The City Administrator shall determine whether a Permit is required for a specific commercial event, based upon the proposed extent of activities.

B.

Garage sales (up to 3 times per year), not to exceed three (3) days per event and ten (10) days per year.

C.

Political Events.

D.

Private Events.

E.

Any Special Event held within a public park. These events shall be governed by provisions under Chapter 17 of the Municipal Code regulating conduct in City parks and recreation areas.

Fees for Special Events

A.

Application Fee. An Application Fee shall be required upon submittal of each Special Event Application in the amount of $25.

B.

Fees for City Services. If the Permit applicant requests City services, or City staff determines the need or the Board of Aldermen upon referral or appeal, as described in this Section, determines, as a condition of granting the permit, that public services or equipment must be provided to protect the public health or safety, the applicant shall be required to pay a fee for City services in accordance with the City's Schedule of Fees & Charges. Payment for City services shall be paid prior to issuance of the permit.

1.

Fee for City services for special event of one (1) day or less $250.

2.

Fee for City services for special event of two (2) days $500.

3.

Fee for City services for special event of three (3) or more days $1,500.

Application Requirements

A.

Application Required. A Special Event Application shall be submitted for any Special Event requiring a Special Event Permit, as outlined above under "Permit Required."

B.

Application Deadline. A complete application shall be submitted at least 10 calendar days prior to the requested start date of a Special Event. The City Administrator shall have the authority to waive the application deadline.

Performance Standards

All Special Events shall comply with the following standards:

A.

Location. Special Events that do not require the use of public right-of-way shall be conducted on private property in a commercial zoning district, except that non-profit organizations may conduct Special Events on any property where the owner has granted permission. For all Special Events that require the use of public right-of-way, the Permit shall clearly specify the streets to be used for the event and the time that the streets will be closed, if applicable.

B.

Land-Use Compatibility. The Special Event shall be compatible with the purpose and intent of this Section and with adjacent land uses. The Special Event shall not impair the normal, safe and effective operation of a permanent use on the same site. The Special Event shall not endanger or be detrimental to the public health, safety or welfare or injurious to property or improvements in the immediate vicinity of the Special Event, given the nature of the activity, its location on the site and its relationship to it.

C.

Compliance with Other Regulations. All applicable provisions of the Building Code shall be met. Permit holders must at all times comply with all applicable legal and regulatory provisions, including, without limitation, health code regulations.

D.

Restoration of the Site. Any temporary structure shall be promptly removed upon the cessation of the event. Within forty-eight (48) hours of cessation of the event, the site shall be returned to its previous condition, including the removal of all litter, signage, attention-attracting devices or other evidence of the Special Event. If the site is not returned to its previous condition, the City may restore the site at the expense of the applicant.

E.

Hours of Operation. The hours of operation of a Special Event shall be consistent with the surrounding land uses.

F.

Duration. The maximum duration of a Special Event shall be as set forth below, unless modified by conditions attached to the issuance of the Special Event Permit. Approval of the Board of Aldermen can extend these durations as necessary.

1.

Athletic Event—three (3) days.

2.

Commercial Event—three (3) days.

3.

Commercial Event (Exempt)—three (3) days.

4.

Entertainment Event—three (3) days.

5.

Garage sales (Exempt)—three (3) days per event, up to three (3) times per year.

6.

Non-Commercial Event—three (3) days.

7.

Non-Commercial Event (Exempt)—three (3) days.

G.

Traffic Circulation. The Special Event shall not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent or proximate streets, intersections, parking and traffic controls. All sidewalks shall be left open for pedestrian traffic unless special approval is received for blockage. No driveways, fire lanes or other access points shall be blocked by the Special Event unless specific approval is granted for the Special Event.

H.

Parking Restrictions. Approval of a short-term parking restriction can be granted through a Special Event application as determined by the City. Special Event Permit recipients shall be responsible for securing, installing and immediate removal of all required No Parking signs upon cessation of the Event. Off-street parking events shall not create a shortage of parking for uses on properties surrounding the property on which they are located.

I.

Street Closings and Temporary Traffic Control. Special Event Permit holders shall be responsible for securing, installing and immediate removal upon cessation, all required temporary traffic control, including but not limited to all barricades and signs when street or lane closures are approved. All temporary traffic control shall be subject to the approval of the Department of Public Works.

J.

Fire Safety. The City's Public Safety Department shall be consulted for the following requirements and inspections, as necessary.

1.

Fire lanes a minimum of 15 feet in width and 12 feet in height or as otherwise approved by the Fire/EMS Commander, must be provided in order to allow Public Safety access within 150 feet of all structures and on at least two sides of all two-story structures within 500 feet of the location of the Special Event.

2.

All fire hydrants in the area of the Special Event must be left with five (5) feet of clearance on all sides and shall be accessible from the fire lanes that are designated with the event.

3.

No open fires shall be permitted unless advance approval is obtained from the Public Safety Department.

4.

Fire extinguishers shall be available as determined by the Fire/EMS Commander.

5.

Temporary electrical wiring for the Special Event shall be installed in accordance with the requirements of the National Electrical Code.

6.

Tents, canopies or membrane structures shall comply with the Fire Code and applicable building codes.

7.

Exit signs and proper exiting aisles shall be provided in temporary Special Event structures.

K.

Nuisances. The Special Event shall not generate excessive noise, dust, smoke, glare, spillover lighting or other forms of environmental or visual pollution.

Special Event Signage

A.

No separate Sign Permit shall be required for signs related to a Special Event.

B.

Signs related to a Special Event which requires a Special Event Permit, as defined and regulated in this Section, shall be allowed only as authorized in the approval of the Special Event by the City. The time limit for temporary signs advertising the event shall be specified in the Special Event approval. Signs for Special Events may only be placed on the property where the event is being held.

Consideration of Special Event

A.

The City Administrator may approve any Special Event Permit after determining that the event will comply with all Special Event performance standards and application criteria and requirements.

B.

Appeal of Denial.

1.

The denial of any application by the City Administrator shall be in writing.

2.

The applicant, in the event of a denial of a Special Event Permit, and a Permit holder, in the event of the revocation of a Special Event Permit, shall have the right to appeal a decision of the City Administrator to the Board of Aldermen.

3.

Appeal to Board of Aldermen. Applicants denied a special event permit may appeal to the Board of Aldermen by filing such appeal with the City Clerk with full documentation supporting his or her application within 10 days of the denial.

4.

Schedule. Appeals shall be placed on the first available Board of Aldermen meeting agenda for consideration.

5.

Board of Aldermen Consideration. The Board of Aldermen action shall be final and may include additional fees to cover the cost of providing city services and/or any other conditions deemed necessary to protect the general welfare of the City and the public.

C.

Prohibition on Transfer. No Special Event Permit issued under the provisions of this Section shall be assignable or transferable to any other person or transferable to another location for the operation of a Special Event by that person or at a different location.

D.

Conditions of Approval. When issuing a Special Event Permit, the City Administrator or Board of Aldermen may establish additional conditions deemed necessary to ensure compatibility with adjacent land-uses and to minimize potential adverse impacts on nearby uses, including, but not limited to

1.

Signs. The number, size, location, or time limit for signs may be limited.

2.

Temporary arrangements for parking and traffic circulation.

3.

Modifications or restrictions on the hours of operation, duration of the event, size of the event or other operational characteristics.

4.

The provision of traffic control or security personnel to ensure the public safety and convenience.

(Ord. No. 3029, § 1, 8-26-24)

Editor's note— Ord. No. 3029, § 1, adopted Aug. 26, 2024, repealed the former § 406.040, and enacted a new § 406.040 as set out herein. The former § 406.040 pertained to sale, display or storage of goods and merchandise in other than a completely enclosed building and derived from Ord. No. 2800, § 1(Exh. A), adopted Oct. 9, 2017.

Any adult entertainment establishment or business [as] defined in Chapter 402 and as permitted in any zoning district permitted in this Code shall be subject to the following special conditions:

1.

No adult bookstore, adult entertainment facility or establishment, bathhouse, massage shop or modeling studio shall be permitted within one thousand two hundred (1,200) feet of any religious institution, school, public park or any property zoned for residential use, or any city boundary. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the adult entertainment establishment to the closest point on any property line of the religious institution, school, public park, or the property zoned for residential use, or to the closest point of the city boundary.

2.

No adult entertainment establishment shall be allowed to locate or expand within one thousand (1,000) feet of any other adult entertainment establishment or of any business licensed to sell or serve alcoholic beverages whether or not such business is also an adult entertainment establishment as defined in this section. The distance between any two (2) adult entertainment establishments or between an adult entertainment establishment and a business selling or serving alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest exterior structural wall of each business.

3.

All access to and from the adult entertainment establishment shall be provided from a street classified as a public right-of-way.

4.

The property on which such use is located shall have a minimum of one hundred (100) feet of frontage on a public right-of-way.

5.

The facility on which the use is located and the parking for such facility shall have a front yard setback of thirty (30) feet, a side yard setback of six (6) feet and a rear yard setback of ten (10) feet.

6.

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

7.

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

8.

The facility in which the use is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian, sidewalk, walkway, street or other public area. No adult entertainment activity shall take place partially or totally outside the adult entertainment establishment.

9.

The facility in which such a use is located shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign per one (1) foot of wall length, not to exceed a total of fifty (50) square feet; said sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building. Said sign shall not exceed eight (8) feet in height from ground level. Further, no merchandise, symbol, or pictures of products or entertainment on the premises shall be displayed in window areas or on any sign or any area where such merchandise or pictures can be viewed from the exterior of the building. No flashing lights and/or lighting which leaves the impression of motion or movement shall be permitted. No temporary signs shall be allowed.

10.

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

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

A.

Any land annexed to the City of Des Peres shall be classified, upon annexation, as Residential "A" District.

B.

Within 120 days of final annexation election certification, either from the Board of Election Commissioners or from final decisions by Circuit or Appellate Courts, whichever is applicable, the Planning and Zoning Commission of the City of Des Peres shall hold a public hearing to hear testimony from the annexed area and from citizens residing adjacent to the annexed area concerning what zoning in the City of Des Peres Zoning Code should be placed on the area.

C.

Notice of said public hearing shall be published once in a newspaper of general circulation, and at least two notices shall be placed within the annexed area on or adjacent to public rights-of-way.

D.

The Planning and Zoning Commission, after due study and consideration, shall report to the Board of Aldermen recommending zoning for the annexed area.

E.

Upon receipt of the report of the Planning and Zoning Commission, the Board of Aldermen shall call a public hearing and give reasonable notice of the time and place of that hearing at least once in a newspaper in general circulation in the city. The first publication shall be at least fifteen days before the date of the hearing.

F.

After the hearing held in accordance with the requirements of this subsection, the Board of Aldermen shall pass on the zoning of the annexed area and direct the Director of Public Works to revise the city's zoning map in accordance with their findings.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

Notwithstanding other applicable requirements of this Title, all new construction, rehabilitation of existing buildings, or redevelopment of properties within any zoning district within the City of Des Peres is required to comply with the provisions of Chapter 6, Buildings and Building Regulations of the Municipal Code and as this Chapter may be amended.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)