As provided for in Chapter 404, District Regulations certain uses are permitted by right in each district and other uses may be permitted with the issuance of a Conditional Use Permit as provided for in the regulations and procedures set forth as follows in this Chapter. Such uses may also be subject to the provisions of Chapter 412, Site Plan Review Requirements.

The City reserves full authority to deny any request for a conditional use, to impose conditions on the use or to revoke approval at any time, upon a finding that the permitted conditional use will or has become unsuitable and incompatible in its location as a result of any nuisance or activity generated by the use.

(Ord. No. 2800, § 1(Exh. A), 10-9-17; Ord. No. 2966, § 1, 3-13-23)

A.

No use under the provisions of this section may be commenced or continued unless there is a valid permit for that use. No construction or other permit applicable to the proposed use or any part of it shall be issued or considered valid unless a conditional use permit has been issued under the provisions of this section.

1.

Application for a conditional use permit shall be made to the Planning and Zoning Commission in form and with such information as may be required by the Planning and Zoning Commission. The application shall be accompanied by plans showing the elevations and intensity and extent of the proposed use.

2.

Each application and accompanying plans shall be filed with the Director of Public Works with a filing fee submitted as per Chapter 420, Section 420.015 of this Code.

3.

Upon receipt of the completed application and filing fee the Director of Public Works shall notify in writing by First Class U.S. mail, postage prepaid, the owners of all property located within the area determined by drawing lines parallel to the boundaries of the property to be devoted to the proposed use, and two hundred feet from those boundaries. The notice shall include the statement that the application was filed, the nature of the proposed use, the name of the applicant or applicants and the date the application was filed.

4.

The Planning and Zoning Commission shall investigate the effect of the granting of the permit upon the neighborhood with special emphasis on traffic and fire hazards, and the general welfare and character of the neighborhood and the community and the criteria hereinafter set forth. The Planning and Zoning Commission shall make a report to the Board of Aldermen within one hundred (100) days of the date of the next regular meeting of the Planning and Zoning Commission following the filing of the completed application with the Director of Public Works. If no such report is made, the Planning and Zoning Commission shall be deemed to have approved the application, upon the expiration of the one hundred-day period; except that the Planning and Zoning Commission, with the consent of the applicant for approval, may extend the one hundred-day period.

5.

Upon the receipt of the report of the Planning and Zoning Commission or upon the expiration of the one hundred-day period or extensions thereof, 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 (15) days before the date of the hearing.

6.

After the hearing held in accordance with the requirements of subsection (A)(5) of this section, the Board of Aldermen, in acting upon the application, shall state findings and conclusions on the following matters for the public record:

a.

Whether the proposed use is compatible with surrounding uses and with the surrounding neighborhood;

b.

Whether the comparative size, floor area and mass of the proposed use and/or proposed structure are appropriate and reasonable in relation to adjacent structures and buildings on surrounding properties and in the surrounding neighborhood;

c.

Whether the frequency and duration of various indoor and outdoor activities and special events associated with the proposed use will have a deleterious impact on the surrounding area;

d.

Whether streets adjacent to the proposed use have sufficient capacity to service any increased traffic volume associated with the proposed use while maintaining adequate and reasonable levels of service for the community;

e.

Whether the number of transit movements on abutting streets and on minor streets in the neighborhood to be generated by or associated with the proposed use will cause significant increases in hourly or daily traffic levels;

f.

Whether added noise levels generated by activities associated with the proposed use will adversely impact the ambient noise level of the surrounding area and neighborhood;

g.

Whether the activities associated with the proposed use will generate obnoxious odors to the detriment of the surrounding area;

h.

Whether the proposed use will significantly increase demands on fire and police protection services in excess of the individual demands of adjacent land uses and whether the proposed use will present any real or potential fire or public safety hazard;

i.

Whether the proposed use will adversely affect the general appearance of the neighborhood due to the location of the proposed use on the parcel of ground, or due to the materials used in the construction of any proposed buildings being greatly dissimilar to surrounding appearances of buildings, or due to the architecture of any proposed buildings being of such a nature as to create visual disharmony within the neighborhood;

j.

Whether the intensity, duration or frequency of lighting associated with the proposed use will adversely impact adjacent properties or significantly increase the ambient level of night light in the neighborhood;

k.

Whether the landscape plan for premises to be occupied by the proposed use is adequate in regard to the creation and maintenance of landscaped areas as opposed to areas to be left in a natural state and the use of buffers and screens as opposed to open land areas;

l.

Whether the proposed use will adversely affect the neighborhood in terms of water runoff, noise transfer, or heat generation due to a significant amount of hard surfaced areas for buildings, sidewalks, drives, parking and service areas;

m.

Whether the proposed use is likely to remain in existence for a reasonable length of time and not become vacant or unused and whether such use involves the presence of unusual, single-purpose structures or components of a temporary nature.

7.

If the Board of Aldermen determines that the public health, welfare and safety are adequately served and protected in view of the foregoing criteria then it shall grant the application and the permit shall be issued forthwith; but if the Board finds in the negative as to any of the stated criteria, the conditional use permit shall be denied. Provided, however, that if at least twenty-five percent (25%) of the persons entitled to notice under the terms of subsection (D)(1)(c) of this section, above, protest the granting of such application in a writing filed with the Director of Public Works no later than one day before the date of the public hearing thereon, such application shall not be granted unless two-thirds (2⅔) of all the members of the Board of Aldermen vote in favor of its issuance.

B.

A conditional use permit under the provisions of this section shall expire one (1) year from the date upon which it was issued, unless, before that time: (i) the use so permitted has actually commenced; or (ii) actual construction or reconstruction of the proposed facilities for the use has been commenced; or (iii) an extension of time shall have been granted by the Board of Aldermen. The Board of Aldermen may grant such extensions for a maximum total period of one (1) year. No further extensions will be allowed. If such extensions have been granted, the permit shall expire at the conclusion of the extended period if the use so permitted or actual construction or reconstruction of the proposed facilities for the use have not been commenced.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

A.

Where not otherwise allowed in that district, certain uses are permitted in "C-1" and "C-2" districts as shown in Chapter 404, Section 404.055 subject to the conditions, restrictions and qualifications in Chapter 404, Sections 404.035, 404.040, and 404.050 and this section and as may be specified below:

1.

Accessory uses to those permitted by right or condition in Chapter 404.

2.

Any business establishment which is open for business for 24 hours per day or is otherwise open for business to the general public between the hours of 12:00 a.m. and 5:30 a.m.

3.

Adult entertainment establishments or businesses.

4.

Any business as defined in in Chapter 402, Section 402.005 as a driven-in or drive through establishment subject to the following requirements:

a.

Such uses shall only be located on a lot zoned for commercial use; and

b.

Such lot must be located in at least one of the following ways:

(1)

on a segment of state highway that is configured for one-way traffic;

(2)

on lot that accesses a state highway at a signalized intersection;

(3)

on a lot that, while not meeting conditions (i) or (ii) above on its own, does meet those conditions through a formal cross-access agreement with an adjoining lot that does meet conditions (i) or (ii) above.

5.

Craft Distillery. As used in this section, the term "craft distillery" means a business whose primary activity is production, packaging and selling of spirits usually done using a single batch process and in relatively small quantities. A Craft Distillery shall be limited to no more than 20,000 proof-gallons of distilled spirits produced annually. Operation of a craft distillery shall be permitted only as an accessory retail use to the operation of a restaurant and the operator of such restaurant must hold a license to sell intoxicating liquor by the drink at retail for consumption on the premises and in the original package for off-premises consumption. The annual revenues derived from the sale of alcoholic beverages served onsite must remain less than the sale of food and non-alcoholic beverages sold onsite. A limited volume of packaged spirits may be sold off-site as specified by the Conditional Use Permit. If any spirits are distilled on the premises, the operator shall be required to obtain a separate liquor license from the City of Des Peres and satisfy all county, state, and federal licensing requirements for the distillation of spirits. The volume of spirits distilled shall be established by the Conditional Use Permit issued by the City of Des Peres.

6.

Micro-Brewery. As used in this section, the term "micro-brewery" means a business whose primary activity is brewing and selling beer in relatively small quantities, but in no event to exceed ten thousand (10,000) barrels annually or such lesser amount as may be specified in the conditional use permit allowing the use. Operation of a micro-brewery shall be permitted only as an accessary retail use to the operation of a restaurant and the operator of such restaurant must hold a license to sell intoxicating liquor by the drink at retail for consumption on the premises and in the original package for off-premises consumption. The annual revenues derived from the package sale of products brewed on site must be less than the annual revenues from the sale of food and non-alcoholic beverages of the restaurant to which the distillery is an accessory. Products of a micro-brewery may not be sold to a wholesaler for distribution off the premises. If brewing on the premises, the operator shall be required to obtain a separate liquor license from the City of Des Peres and satisfy all county, state, and federal licensing requirements for brewing. The volume of beer produced shall be established by the conditional use permit issued by the City of Des Peres.

B.

In all locations on Manchester Road east of Interstate 270, businesses with drive-through facilities providing food or services to persons in vehicles must have direct or indirect access to a signalized intersection in addition to a site that has frontage to Manchester Road.

C.

Special rules with regard to gasoline and oil service stations:

1.

No conditional use permit shall be issued for a gasoline and oil service station unless the applicant conveys or has conveyed an effective easement to the City of Des Peres on the property to be used for the gasoline or oil service station providing that all underground and above ground installations relating to or used for the storage or sale of gasoline or other material shall be removed at the expense of the owner upon the cessation of the gasoline or oil service station use. Before the conditional use permit is issued at the order of the Board of Aldermen, the easement must be filed in the appropriate land records and an opinion of the City Attorney must have been given the Mayor to the effect that the easement is fully effective and valid to achieve the purpose for which it was required.

2.

No gasoline or oil service station shall continue in operation unless the operator of that station files with the Director of Public Works the name and address of the actual owner of the land on which the service station is operated and of the actual owner of the service station itself.

3.

The owner of the land on which a service station operates or has operated shall be primarily responsible for the removal of all underground and above ground installations relating to or which once related to the storage or sale of gasoline or other material if the service station has ceased to operate, unless a new service station is lawfully commenced on that same property within a reasonable period of time after the cessation of the service station use.

4.

Self-service gasoline and oil service stations or self-service gasoline pumps, where the customer pumps the gasoline, may be permitted under the following conditions:

a.

That the conditional use permit for a gasoline and oil service station desiring to operate any pumps under the self-service concept specifically grants such permission to the owner or operator of said gasoline and oil service station.

b.

That the self-service gasoline and oil service station have available during all business hours an attendant who can view the dispensing of all gasoline.

c.

That a separate master shut-off switch be operable which would allow the attendant to shut off all gasoline pumps in an emergency.

d.

That instructions for operating the self-service gasoline pumps and any other information, such as nonsmoking signs, deemed necessary by the Fire Marshall be posted in a conspicuous place, easily visible to anyone operating said pumps; said instructions to be approved by the Fire Marshall of the City of Des Peres prior to the commencement of the self-service operation.

e.

That dispensing controls at each pump operate only by manually-maintained pressure; no automatic dispensing devices shall be allowed.

f.

That a "B" rated dry powder fire extinguisher be located within 30 feet of each self-service pump. The exact location of each fire extinguisher shall be approved by the Fire Marshal of the City of Des Peres.

D.

Special rules with regard to medical marijuana:

1.

No medicinal marijuana facilities including those relating to cultivation, testing, manufacturing or dispensing shall be permitted except in conjunction with a state issued license and in full compliance with all state mandated facility and safety standards.

2.

No medical marijuana related use shall be operated or maintained within one thousand (1,000) feet of any school, child daycare center or church pursuant to Amendment 2.

3.

No medical marijuana related uses shall be operated or maintained within three hundred (300) feet of another medical marijuana related use except when marijuana sales represent less than five (5) percent of the dollar volume of business in a state or federal licensed pharmacy.

4.

The setback limitations set forth under subsections (1., 2.) above shall be measured using the following methodology:

a.

In the case of a freestanding marijuana facility, the distance between the facility and the school, daycare or church shall be measured from the property line of the facility to the closest point of the property line of the school, daycare or church.

b.

In the case of a marijuana facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare or church shall be measured from the property line of the school, daycare or church to the facility's entrance or exit closest in proximity to the school, daycare or church.

5.

No medical marijuana-related operations shall be open to the public between the hours of 10:00 p.m.—8:00 a.m., Monday—Sunday, with specific operating hours to be established by the enabling conditional use permit. All medical marijuana facilities shall be secured and closed to the public during the hours listed in this subsection and no persons not employed by the medical marijuana facility may be present in such a facility at any time it is closed to the public.

6.

No deliveries or trash collection shall be permitted on weekends or between the hours of 6:00 p.m. and 8:00 a.m.

7.

Drive-through facilities for medical marijuana related uses shall be prohibited notwithstanding Section 408.015(A)(4).

8.

No medical marijuana related use or facility as defined herein shall emit an odor or in any way off-site which causes a public nuisance. Appropriate ventilation systems or odor mitigation devices shall be installed to prevent the permeation of marijuana odors or fumes shall be provided if a public nuisance violation occurs. If off-site odors become a public nuisance, the Board of Aldermen, following notice and a public hearing at which the operator shall be entitled to present evidence or submit proposals for remediation, may revoke a permit for cultivation, testing, manufacturing or dispensing of marijuana or marijuana related products.

9.

No marijuana or marijuana-infused product may be smoked, ingested, or otherwise consumed on the premises of a property upon which a medical marijuana related use is conducted.

10.

Any violation of any provision of this section or any other ordinance of the City regulating the time, place, and/or manner of the operation of a medical marijuana cultivation, dispensary, manufacturing and/or testing facility, or any regulation promulgated pursuant thereto, shall be subject to a civil penalty with a minimum amount of five thousand dollars ($5,000.00) and a maximum amount of fifty thousand dollars ($50,000.00). Every day any such violation shall continue shall be deemed a separate violation subject to the foregoing civil penalty.

E.

Special Rules with regard to comprehensive marijuana facilities:

1.

No comprehensive marijuana facilities including those related to cultivation, testing, manufacturing or dispensing shall be permitted except in conjunction with a state issued license and in full compliance with all state mandated facility and safety standards.

2.

As permitted by Article XIV Section 2, no new marijuana facility shall be initially sited within one thousand (1,000) feet of any then-existing elementary or secondary school, child day-care center, or church, as defined by the DHSS.

3.

No comprehensive marijuana dispensary facilities shall be initially sited within five hundred (500) feet of any public park conservation area, or recreation center owned or operated by the City including, but not limited to Des Peres Park, Harwood Park, Pioneer Park, Sugar Creek Park, Sunrise Park, Phantom Forest, Bittersweet Woods, or The Lodge Des Peres.

4.

No comprehensive marijuana dispensary facility related uses shall be operated or maintained within three hundred (300) feet of another comprehensive marijuana dispensary facility except when marijuana sales represent less than five (5) percent of the dollar volume of business in a state or federal licensed pharmacy.

5.

No comprehensive marijuana facility shall be initially sited within one hundred twenty (120) feet of any then-existing single-family residence.

6.

As prescribed in Article XIV Section 2 of the Missouri Constitution, the setback limitations set forth under subsections (2., 3., 4., and 5.) above shall be measured in accordance with the methodology established in the Missouri Constitution:

a.

In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church.

b.

In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility's entrance or exit closest in proximity to the school, daycare, or church. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility.

c.

Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot as prescribed in Article XIV of the Missouri Constitution.

7.

No comprehensive marijuana dispensary facilities shall be open to the public between the hours of 10:00 p.m.- 8:00 a.m., Monday—Sunday, with specific operating hours to be established by the enabling conditional use permit. All comprehensive marijuana dispensary facilities shall be secured and closed to the public during the hours listed in this subsection and no persons not employed by the comprehensive marijuana dispensary facility may be present in such a facility at any time it is closed to the public.

8.

No deliveries or trash collection for comprehensive marijuana facilities shall be permitted on weekends or between the hours of 6:00 p.m. and 8:00 a.m.

9.

Drive-through facilities for comprehensive marijuana dispensary facilities shall be subject to the same regulations applicable to other commercial uses under Section 408.015(A)(4) of the City's Municipal Code.

10.

No comprehensive marijuana related use or facility as defined herein shall emit an odor or in any way off-site which causes a public nuisance. Appropriate ventilation systems or odor mitigation devices shall be installed to prevent the permeation of marijuana odors or fumes shall be provided if a public nuisance violation occurs. If off-site odors become a public nuisance, the Board of Aldermen, following notice and a public hearing at which the operator shall be entitled to present evidence or submit proposals for remediation, may revoke a permit for cultivation, testing, manufacturing or dispensing of marijuana or marijuana related products.

11.

No marijuana or marijuana-infused product may be smoked, ingested, or otherwise consumed on the premises of a property upon which a comprehensive marijuana facility is located. Additionally, signage shall be posted in the parking lot and at the building advising the public of this restriction.

12.

Comprehensive marijuana dispensary facilities shall have adequate parking for employees and customers as set forth below:

a.

Two (2) spaces per every three (3) employees on the maximum shift;

b.

Seven (7) spaces per thousand (1,000) square feet of building area available for public use.

c.

Petitioners for a comprehensive marijuana dispensary CUP may request a reduction in parking required based upon a site-specific parking study.

d.

In calculating the number of parking spaces on-site that are available for use by the comprehensive marijuana dispensary, the number of parking spaces available shall not include the number of parking spaces required under the Zoning Code for other uses located within the building or buildings on the site.

e.

Nothing herein shall preclude utilization of cross-parking agreements with adjoining commercially zoned properties provided that (1) a parking study verifies that sufficient parking available on grantors property meets or exceeds the minimum parking requirements under the zoning code; (2) such cross-parking agreements are either perpetual or cover the same time period of the lease for the marijuana facility if not owned by the marijuana facility operator.

13.

Any violation of any provision of this section or any other ordinance of the City regulating the time, place, and/or manner of the operation of a comprehensive marijuana cultivation, dispensary, manufacturing and/or testing facility, or any regulation promulgated pursuant thereto, shall be subject to a civil penalty with a minimum amount of five thousand dollars ($5,000.00) and a maximum amount of fifty thousand dollars ($50,000.00). Every day any such violation shall continue shall be deemed a separate violation subject to the foregoing civil penalty.

(Ord. No. 2800, § 1(Exh. A), 10-9-17; Ord. No. 2828, § 2, 2-25-19; Ord. No. 2846, § 3, 8-12-19; Ord. No. 2943, § 1, 6-13-22; Ord. No. 2984, § 5, 7-17-23; Ord. No. 3041, § 1, 1-27-25; Ord. No. 3048, § 1, 3-10-25)

Editor's note— Ord. No. 3041, § 1, adopted Jan. 27, 2025, set out provisions intended for use as § 404.055.A.5. For purposes of classification and clarity, and at the editor's discretion, these provisions have been included as § 408.015.A.5.

A.

The purpose of this section is to define certain conditional uses which may be authorized in residential districts within the City of Des Peres and to establish those conditions and circumstances under which such uses may be allowed. For this purpose, the following terms shall have the following meanings when used in this section:

Building: Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.

Equipment: Any device or instrument intended to facilitate the performance of a task.

Greenhouse: Depending on the context within which the term "greenhouse" is used it shall mean either: (a) a building or structure whose roof and sides are made primarily of glass or other transparent or translucent material and in which temperature and/or humidity can be regulated for the cultivation of plants or flowers for subsequent sale; or (b) a commercial agricultural operation or enterprise primarily engaged in the sale of plants, flowers or vegetables in a living or growing state or in the cultivation of plants, flowers or vegetables for subsequent sale. The cultivation or subsequent sale of a controlled substance including cannabis, whether for medicinal or recreational purposes, is expressly prohibited under this definition.

Nursery: Depending on the context within which the term "nursery" is used it shall mean either: (a) land, buildings, structures, or greenhouses used to raise or cultivate plants, flowers, shrubs or trees for sale; or (b) a commercial agricultural operation or enterprise primarily engaged in the sale of plants, flowers, shrubs or trees in a living or growing state or in the cultivation of plants, flowers, cherubs or trees for subsequent sale. The cultivation or subsequent sale of a controlled substance including cannabis, whether for medicinal or recreational purpose, is expressly prohibited under this definition.

Retail: That nature of service, trade, endeavor or enterprise which provides goods or services to members of the general public.

Structure: A combination of materials to form a construction for use, occupancy or ornamentation whether installed on, above or below the surface of land.

Temporary building or temporary structure: A building or structure which is capable of being removed when the designated time period, activity or use for which the temporary building or structure was erected has ceased.

Wholesale: That nature of service, trade, endeavor or enterprise primarily engaged in providing goods or services to retailers, to industrial, institutional or professional business users, or to other wholesalers.

B.

Where not otherwise allowed in that district, the following uses shall be permitted in any Residential District subject to the conditions, restrictions and qualifications set forth herein:

1.

Wholesale greenhouses, if located on a single tract of land of at least five (5) acres.

C.

No new use within the scope of this section may be commenced or no existing use within the scope of this section may be expanded unless there is a valid and subsisting permit for that use. No construction or other permit applicable to the proposed use or any part of it shall be issued or considered valid unless a conditional use permit has been issued under the provisions of this Chapter in compliance with the procedures established in Section 408.010. In addition, to the requirements of Section 408.010, the application shall be accompanied by site plans showing elevations and intensity and extent of use and the following specific information:

1.

Location of all existing and proposed storage areas and/or structures, including areas or facilities for bulk material storage, packaged material storage, reusable material storage, movable equipment and vehicle storage and storage of plants and/or products of the operation.

2.

Location and placement of all existing and proposed buildings and structures which will cover any ground area. Provided, however, that locations for temporary structures or equipment such as shade houses, cold frames, lathe houses or similar facilities may be designated by specifying the boundaries of the areas within which such facilities or structures may be placed from time to time without specifically designating the precise location of such placements within the designated areas.

3.

Elevations of all buildings and structures.

4.

Locations, dimensions and construction materials of driveways, entrances and exits to and from the premises, and drives, ways or turnarounds for vehicular use within the property lines, whether such features are paved or unpaved.

5.

A topographic map of the site suitable for review and consideration of water drainage analysis.

6.

Landscape plan including all fences, permanent plantings and planting beds.

7.

Any applicant who has any existing nonconforming use or structure on the property for which an application is made shall also file a detailed description of the nature, extent and location of all existing nonconformities and shall bear the burden of proof as to the lawfulness of such nonconformities.

D.

No permit shall be issued under this section for operation of a wholesale greenhouse unless the property shall comply in full with the following:

1.

No proposed new building, structure or equipment, including but not limited to such features as cold frames, lathe houses, shade houses, planting beds, irrigation devices, or similar items, may be located closer than forty (40) feet to any lot line.

2.

A minimum twenty-five-foot planted buffer area shall be required along any property line which abuts a residential use or district. Said buffer area shall be appropriately landscaped as approved by the Planning and Zoning Commission to provide an effective visual buffer for adjoining residential property and protect availability of light to greenhouses and structures and in substantial conformity with the standards for twenty-five-foot buffer areas for C-1 commercial districts as adopted by the city. Such buffer areas shall be maintained by the owner of the premises. Buffer areas shall not be used for the storage of materials or products of the operation nor for the cultivation of products for subsequent sale.

3.

All such permits shall include a surface water management plan providing on-site detention for all water runoff from all buildings, structures and paved surfaces on the property.

4.

The heights of proposed new buildings, structures and equipment shall be subject to the following limits:

a.

Greenhouses and other growing or operational structures shall not exceed sixteen (16) feet.

b.

Auxiliary buildings or structures shall not exceed twenty (20) feet.

c.

Residential structures shall conform to the requirements of the residential district within which the property is located.

5.

Ventilation fans and any other equipment that generate noise shall be placed away from residential property or districts insofar as may be feasible and practical and, in establishing conditions associated with any permit to be issued pursuant to this section, the Board of Aldermen may require that noise-generating equipment may only be used at specified times and/or may condition use of such equipment on the provision of such sound insulating devices or measures as the Board may determine to be reasonable and necessary.

E.

For wholesale greenhouses granted a permit under this section:

1.

Replacement or repair of cover materials for growing or operational buildings or structures may be undertaken without obtaining a permit therefor only if such replacement or repair involves no structural alteration or is not otherwise of such a nature that a construction or building permit would normally be required under other ordinances of the City of Des Peres.

2.

Unused temporary buildings, structures or equipment shall be dismantled or appropriately stored or removed if same shall be unused for their intended purpose for more than twelve (12) months. Temporary buildings, structures or equipment which have become so damaged as to be unfit for their intended purpose shall be repaired within twelve (12) months or shall be dismantled or appropriately stored or removed.

(Ord. No. 2800, § 1(Exh. A), 10-9-17; Ord. No. 2846, § 4, 8-12-19)

A.

A conditional use permit may be granted to any single tract of land of twenty or more acres under single ownership for the following uses:

1.

Golf course, but not miniature golf.

2.

Swimming pool.

3.

Tennis court.

4.

Country club.

B.

The land as to which the conditional use permit is issued must be contiguous to a tract of land actually and lawfully in a commercial or recreational use. For the purpose of this subsection, "lawfully" does not include a nonconforming use.

C.

A conditional use permit under this section is not in lieu of any other permit or license required for construction, activity, or use on the land as to which the special permit is sought. Failure to have all required permits and licenses, delinquency on any tax relating to the land or use of activity, and any other violation of any provision of this code relating to the ownership or utilization of the land or of anything on the land, shall suspend the permit issued under this section and shall subject the owner or operator of the use to enforcement proceedings under this Title as to unlawful uses until the failure, delinquency and illegality no longer exist.

D.

No construction or other permit applicable to the proposed use or any part of it shall be issued or considered valid unless a conditional use permit has been issued under the provisions of this Chapter in compliance with the procedures established in Section 408.010. In addition, to the requirements of Section 408.010, the application shall include:

1.

A full description of the land as to which the permit is sought.

2.

A complete set of plans and specifications as to all facilities on or to be placed or constructed or operated on the land as to which the permit is sought.

3.

A complete list of the uses and purposes for which the permit is sought and a full description of each use.

4.

The written consent of the owners of three quarters of the land within the City of Des Peres which is contiguous to or separated from the land as to which the permit is sought by a roadway or right-of-way.

E.

The conditional use permit shall include the following:

1.

A detailed description of the use or uses, structure or structures, permitted. The permit shall be limited to that described in it, construed strictly against the permittee, and without implicit authority for the extension or alteration of the uses or structures described.

2.

A requirement that the property be screened from adjacent residential property by a hedge, fence or wall or other suitable screening as provided for in the master development plan required by Section 408.010.

3.

A limitation on the permit to a period of one year from the date of the grant, subject to successive renewals of one year in duration upon the submission of an application for renewal and payment to the Director of Public Works of a nonrefundable fee as established by the City in accord with the provisions of Chapter 418, Section 418.015 of this Title. The fee received by the Director of Public Works under this subsection is to be paid into the general revenues of the city. Refusal to renew shall be the equivalent of a revocation for the purpose of this section.

F.

No permit shall become effective until:

1.

The owner of the property has conveyed and properly recorded an easement to the City of Des Peres limiting the use of the property to those specifically provided for in the conditional use permit.

2.

The opinion of the City Attorney that the easement is effective to prevent the use of the land in violation of the permit, and has been properly filed, to bind successors and title.

G.

The permit may be denied renewal, revoked or modified for any violation of law relating to the use of the premises, the failure of any condition to the grant or effectiveness of the permit, the failure to observe the limits of the permit as granted or amended, or the existence of a nuisance on the property which is unabated at the time the notice is given pursuant to this subsection.

1.

Before action is taken under this subsection, notice shall be given or sent by registered or certified mail to the owner or operator of the premises at least twenty days and before the date of the hearing, stating the date, time and place of the hearing, the specific grounds for action taken, and whether revocation, nonrenewal, or modification is sought. If modification is sought, the notice shall state the specific modification sought, but that statement shall not limit the modification on which the Board of Aldermen may decide as a result of the hearing.

2.

At the hearing, the owner or operator may compel the attendance of witnesses, have assistance of counsel, adduce evidence and address the Board.

3.

After the hearing, or upon the failures of any person to contest the proposed action, the Board of Aldermen shall state its findings and conclusions for the public record and render its decision.

a.

If the notice provided for suspension, or nonrenewal, the Board of Aldermen may suspend, refuse renewal of, or modify the permit after a contested hearing.

b.

In the case of default or failure to contest, the Board of Aldermen may only take such action as was specifically on the notice.

4.

A defective notice will void the action of the Board of Aldermen only if the defect was raised before the Board before it reached its decision, or if a denial of due process resulted from the defect.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

A conditional use permit may be granted where permitted by the applicable zoning district regulations and subject to the conditions and procedures in this section.

A.

General conditions.

1.

A permit may be sought and utilized only with respect to a single lot of at least forty (40) acres or more under single ownership.

2.

Permissible uses shall be limited to a hospital and attendant medical offices.

a.

For purposes of this section, a "hospital" shall mean a facility licensed by the State of Missouri in which the predominant activity is the provision of emergency medical care and in-patient (overnight) medical service. A "hospital" may also provide non-emergency outpatient (ambulatory) medical service provided such service is an accessory use, which is clearly subordinate in scope and scale to the predominant use specified above.

b.

For purposes of this section "attendant medical offices" shall mean offices used by medical professionals the majority of whom are affiliated with the proximate hospital, attend to and regularly admit patients to that hospital and utilize the hospitals facilities to serve their patients.

3.

Such hospital and attendant medical offices may be located in one (1) or more buildings subject to the following general parameters:

a.

The hospital shall not exceed three hundred thousand (300,000) square feet in gross floor area;

b.

Medical offices may be located in the same or separate buildings from the hospital. Such medical offices must be accessory to the hospital use of the lot and must be clearly subordinate in scope and scale to that predominant use. Medical offices shall not in aggregate exceed one hundred twenty-five thousand (125,000) square feet or sixty-two and one-half (62.5) percent of the hospital, whichever is less.

c.

Facilities having a maximum size not to exceed ten (10) percent of the gross floor area of the hospital may be provided for residential treatment of alcohol or other drug abuse within the hospital.

4.

Setbacks for all buildings including parking structures constructed in conjunction with issuance of a Conditional Use Permit for operation of a hospital and attendant medical offices shall be two hundred (200) feet from each property line except that setbacks from the right-of-way of interstate highway shall be fifty (50) feet from any adjacent commercially zoned-use property.

B.

Permit required. No use under this section may be commenced or continued unless there is a valid and subsisting permit for that use.

C.

Application process.

1.

Application for a conditional use permit shall be made to the Planning and Zoning Commission. No permit of any kind shall be issued until a master plot plan has been approved by both the Planning and Zoning Commission and the Board of Aldermen.

2.

The master site plan shall contain such information as the Planning and Zoning Commission or Board of Aldermen shall require to show compliance with the ordinances of Des Peres, and the beneficial nature of the development. This information shall include, but is not limited to, location of all present and proposed streets, sidewalks and structures; access and egress points to structures, groups of structures and the proposed use; landscaping; buffer areas; parking, loading and delivery areas and facilities; a general description of all surrounding property to be included on the master site plan; and a topographic map including information on storm water and sanitary drainage.

3.

Each application and accompanying plans shall be filed with the City Clerk with a filing fee established by the City in accord with the provisions of Chapter 418, Section 418.015 of this Title for the purpose of reimbursing the city for the expenses in processing the application. Where the fee is insufficient to cover all expenses associated with the processing of the application, the Board of Aldermen may condition the issuance of the special use permit upon the payment of an extra amount.

4.

Upon receipt of the completed application and filing fee, the City Clerk shall inform, notify in writing, the owners of all property located within the area determined by drawing lines parallel to the boundaries of the property to be devoted to the proposed use, and two hundred (200) feet from those boundaries. The notice shall include the statement that the application was filed, the nature of the proposed use, the name of the applicant or applicants and the date the application was filed.

5.

The Planning and Zoning Commission shall investigate the effect of the granting of the permit upon the neighborhood, with special emphasis on traffic and fire hazards and the general welfare and character of the neighborhood and the community. The Planning and Zoning Commission shall make a report to the Board of Aldermen within one hundred (100) days after the day the completed application is submitted to the City Clerk. If no such report is made, the Planning and Zoning Commission shall be deemed to have approved the application upon the expiration of the one hundred-day period; except that the Planning and Zoning Commission, with the consent of the applicant for approval, may extend the one hundred-day period. This period shall be determined by counting as the first day the day after the application was submitted.

6.

Upon receipt of the report of the Planning and Zoning Commission or upon the expiration of the one hundred-day period or extensions thereof, 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 (15) days before the date of the hearing.

7.

After the hearing held in accordance with the requirements of this subsection, the Board of Aldermen shall state findings and conclusions on the following matters for the public record:

a.

Whether the proposed use will increase traffic hazards or congestion;

b.

Whether the proposed use will increase fire hazards;

c.

Whether the proposed use will affect the character of the neighborhood adversely;

d.

Whether the proposed use will affect the general welfare of the community adversely; and

e.

Whether the proposed use will overtax public utilities.

8.

If the Board of Aldermen findings are in the negative as to all of the matters under subsection 7, it shall grant the application, and the permit shall be issued forthwith, unless at least twenty-five percent of the persons entitled to notice under subsection 4 protest in writing to the City Clerk no later than one day before the day on which the hearing is to be held. If the requisite number of protests is received, the special use permit may not be issued unless two-thirds (⅔) of all the members of the Board of Aldermen vote in favor of its issuance.

D.

Expiration of permit. A conditional use permit under the provisions of this section shall expire after one (1) year from the date on which it was issued unless, before that time:

1.

Construction on the project as approved has commenced, or

2.

An extension of time has been granted by the Board of Aldermen for a period of up to one (1) year, in which case the permit shall expire, if construction on the project has not commenced within that extended period. No further extension is allowable.

3.

Such other period of time has been established in approval of a master site plan or amendments thereto.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)