Use.

Indoor Requirements.

Primary Animal Enclosures.

Outdoor Areas.

Waste Cleaning/Management.

Waiver. The Council may waive any of the requirements of this Section.

No adult entertainment business or establishment shall be permitted within seven hundred fifty (750) feet of any property zoned and/or used for residential, eleemosynary, religious, school, or public use, or within three hundred (300) feet of the right-of-way line of Manchester Road. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the establishment to the closest point on any property line of the eleemosynary use, religious institution, school, public building or public park or to the right-of-way line of Manchester Road.

No adult entertainment business or establishment shall be allowed to locate or expand within seven hundred fifty (750) feet of any other such business or establishment or of any business licensed to sell or serve alcoholic beverages, whether or not such business is also an establishment as defined in this Section. The distance between any two (2) adult entertainment businesses or establishments or between such a business or 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.

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

The property on which an adult entertainment business or establishment is located shall have a minimum of one hundred (100) feet of frontage on a public right-of-way.

Setback requirements shall be pursuant to Section 400.320(F) of the City Code.

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

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

The facility in which an adult entertainment business or establishment 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 activity allowed in the facility shall take place either partially or totally outside the facility.

Signage for a facility in which an adult entertainment business or establishment is located shall be pursuant to Chapter 410 of the City Code as it pertains to adult entertainment business or establishment.

The facility in which an adult entertainment business or establishment is located shall be designed in such a fashion that the activity allowed in the facility shall not take place in any closed room, booth, cubicle, or stall but shall be visible from a common area of the facility and shall not be blocked or obscured by doors, curtains, drapes or any other visual obstruction.

Ventilation and sanitation requirements. The premises of all adult entertainment businesses shall be kept in a sanitary condition. Separate and enclosed employee dressing rooms and restrooms for men and women shall be required and at all times be maintained and kept in a sanitary condition.

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

No retail tobacco store shall be permitted within seven hundred fifty (750) feet of any property zoned and/or used for residential, eleemosynary, religious, school, or public use, or within three hundred (300) feet of the right-of-way line of Manchester Road. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the establishment to the closest point on any property line of the residential, eleemosynary use, religious institution, school, public building or public park.

No retail tobacco store shall be allowed to locate or expand within seven hundred fifty (750) feet of any other such business or establishment or of any business licensed to sell or serve alcoholic beverages, whether or not such business is also an establishment as defined in this Section. The distance between any two (2) retail tobacco stores or between a tobacco retail store 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.

All access to and from a retail tobacco store shall be provided from a street classified as a public right-of-way.

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

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

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

Signage for a facility in which a retail tobacco store is located shall be pursuant to Chapter 410 of the City Code as it pertains to a retail tobacco store.

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

No cigar bar, hookah lounge, or vapor lounge shall be permitted within seven hundred fifty (750) feet of any property zoned and/or used for residential, eleemosynary, religious, school, or public use. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the establishment to the closest point on any property line of the residential, eleemosynary use, religious institution, school, public building or public park.

In all commercial zoning districts:

Short Term Residential Rentals may only be offered by a Permanent Resident within the Permanent Resident's principal residential structure, not within a detached building or structure.

The Permanent Resident shall reside on the property at least two hundred seventy-five (275) days within in a one-year period.

A Permanent Resident must obtain a business license from the City prior to offering Short Term Residential Rentals.

Prior to offering Short-Term Residential Rentals, the Permanent Resident must obtain a permit from the City for Short-Term Residential Rentals, and must renew the permit every two (2) years from the date of issuance. Permits for Short Term Residential Rentals will be issued in accordance with the procedures and requirements for issuance of occupancy permits. Prior to issuance of a permit for Short Term Residential Rentals, the owner must provide, in writing, the name and telephone number of the Permanent Resident and the name and telephone number of a local contact person that will be available twenty-four (24) hours per day, seven (7) days per week, for the purposes of responding within forty-five (45) minutes to complaints regarding the operation of the Short Term Residential Rental or the conduct of overnight guests.

Short Term Residential Rentals are limited to fourteen (14) consecutive days per guest and ninety (90) days per twelve-month period.

Maximum occupancy, including overnight guests, shall be as set forth in this Code.

All vehicles of the overnight guests, and guests of overnight guests must be parked on the property.

The owner shall maintain records of all Short Term Residential Rentals for a period of three (3) years, available for inspection, which includes the following information: dates the dwelling was leased for Short Term Residential Rental; date(s) of stay, name, contact information, and vehicle license plate information (if applicable) for each overnight guest.

Short Term Rentals shall be subject to compliance with all applicable property maintenance, nuisance, zoning and building code regulations.

Any act in violation of the requirements set forth in this Section is declared to be unlawful and shall be subject to Section 100.110, General Penalty.

If a property owner or Permanent Resident is convicted of or pleads guilty to two (2) citations for violations of this Section which occur within one hundred eighty (180) days of each other, the business license and permit allowing Short Term Residential Rentals on the property shall be subject to revocation pursuant to the procedures set forth in Section 605.330, Revocation — Procedure and the licensee shall not be eligible for a business license or permit to conduct Short Term Residential Rentals for a period of one (1) year.

Massage may only be conducted if all of the following requirements are met:

Hours of operation are limited to 8:00 a.m. through 9:00 p.m.

All publicly accessible entrances to the business or establishment must be located on an exterior wall with windows that face a street or sidewalk accessible to the public. No less than fifty percent (50%) of the overall surface area of the windows on such entrance walls and lobby area must remain uncovered, unobstructed, unshielded and free from tinting.

Exemption. Massage therapy services will not require a conditional use permit and are not subject to the regulations set forth in this Section if both of the following requirements are met:

Any act in violation of the requirements set forth in this Section is declared to be unlawful and shall be subject to Section 100.110, General Penalty.

If a business licensee is convicted of or pleads guilty to two (2) citations for violations of this Section which occur within one hundred eighty (180) days of each other, the business license allowing the licensee to conduct massage therapy services shall be subject to revocation pursuant to the procedures set forth in Section 605.330, Revocation Procedure and the licensee shall not be eligible for a business license or permit to conduct massage therapy services for a period of one (1) year.

Hours of operation are limited to 8:00 A.M. through 9:00 P.M. All patrons must be removed from the premises and the doors locked by the closing time mentioned herein.

Sanitation And Lighting. All tattooing establishments shall be kept clean and well-lighted so that the rear of the premises is plainly visible from the front of such premises.

Noise And Conduct. No tattooing establishment shall permit any loud noises, boisterous or disorderly conduct in or around the premises or on any grounds of such premises, and all tattooing establishments shall prevent the loitering of persons on the premises or on or around the grounds thereof.

State Licensing; Regulations. All tattooing establishments must hold a valid license issued by the Office of Tattooing, Body Piercing and Branding pursuant to Section 324.522, RSMo. All tattooing establishments and their employees shall comply with the regulations of 20 CSR 2267, Chapters 1 to 6, Sections 324.520 to 324.526, RSMo., and all other relevant State Statutes and regulations.

Employees Performing Tattooing. All persons employed by a tattooing establishment as a tattoo artist performing tattooing, as defined in Section 400.090 of this Chapter shall be licensed by the director of the Office of Tattooing, Body Piercing and Branding pursuant to Section 324.522, RSMo. A current copy of each license held by each tattoo artist performing tattooing employed by the tattooing establishment must be maintained on file with the tattooing establishment and conspicuously displayed in the tattooing establishment at all times. A photograph of each tattoo artist shall be in close proximity to the license for that individual. No tattooing shall be performed by an apprentice except under the direct supervision of a licensed tattoo artist employed at the tattooing establishment.

Tattooing Minors. Performing tattooing is prohibited on any person under the age of eighteen (18) years without the written consent of that person's parent or legal guardian. That consent shall be on a form provided by the tattooing establishment and given in person to parent or legal guardian before the tattooing procedure commences. In addition, the parent or legal guardian shall present photographic identification to the tattooing establishment, including either a State driver's license or State identification card.

Body Piercing. Body piercing is prohibited at all tattooing establishments.

Location Restrictions. No marijuana related uses shall be operated or maintained within five hundred (500) feet of a then existing elementary or secondary school, or church. "Then existing" shall mean any elementary or secondary school, or church with a written building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana related use first applies for either zoning or a building permit, whichever comes first. There is no requirement that any distance be maintained between marijuana related uses and child day care centers. No medical marijuana dispensary facility, marijuana dispensary facility, or marijuana microbusiness dispensary facility shall be authorized, operated, or maintained within five hundred (500) feet of another existing medical marijuana dispensary facility, marijuana dispensary facility, or marijuana microbusiness dispensary facility. Distances shall be measured in the manner described in Art. XIV, Sections 1.7(10)(a) and 2.5(4) of the Missouri Constitution.

Outdoor Operations Or Storage.

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

Display Of License Required. The license issued by the State of Missouri to conduct the marijuana related use shall be displayed prominently in a location visible from the front entrance to the facility.

Hours Of Operation.

Waste Disposal. Any excess or unusable marijuana or marijuana byproduct of a marijuana related use shall be stored securely before final disposition, which may be done within the facility in areas designated for disposal activities or, if necessary, outside the facility in a locked, tamper-resistant receptacle.

Drive-Through Facilities. Drive-through facilities for marijuana related uses shall be subject to the same regulations as drive-through facilities that are not for food and beverage.

Signage. All dispensary facilities shall display signage that meets the following requirements:

The dispensary facility provides proof to the City that the Missouri Department of Health and Senior Services has authorized conversion of its license to a comprehensive marijuana dispensary facility; and

The dispensary facility obtains a conditional use permit to operate as a comprehensive marijuana dispensary facility from the City within one hundred twenty (120) days of the effective date of this Section, and shall thereafter be bound by any restrictions in the ordinance authorizing such conditional use permit. After one hundred twenty (120) days, such facility shall have no authority to sell adult-use marijuana unless a CUP has been obtained.

Permit Requirements.

Specifications.

Prohibited Fences.

Exceptions.

Waivers. The City Council shall have the authority to waive any of the requirements of this Section.

No persons other than members of the family residing on the premises shall be employed at such business. Parking is limited to the side of the street the no-impact home-based business is located on, between the lot lines of the residence, if parking at that location is otherwise lawful.

No alteration of a principal residential structure shall be made, unless such alteration would not change the residential character of the building, or adversely affect the character of the surrounding neighborhood.

No mechanical equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses outside the residence.

There shall be no exterior displays or signs other than a small nameplate not exceeding one hundred forty-four (144) square inches which shall be placed on the surface of the building.

All goods, materials, or commodities inventoried, stored, or displayed for sale or kept as inventory shall be stored indoors, or within a fenced rear yard and not visible from the street or from adjacent properties. Any deliveries or shipments of goods, materials, or commodities shall be conducted in volume, manner, and frequency that does not disrupt or affect the residential character of the surrounding neighborhood.

In accordance with Section 71.990, RSMo, no-impact home-based businesses may be conducted without a permit, license, or prior approval from the City, with the following exceptions:

Temporary buildings or trailers may be used as construction offices, field office or for storage of materials to be used in connection with the commercial or residential development of a tract of land, provided that said temporary structures are approved by the City Engineer and are removed from said tract within thirty (30) days after completion of the project development

Temporary real estate offices or sales offices may be established in a display dwelling unit or temporary structure, provided that said temporary structure is approved by the Architectural Review Board.

No temporary buildings or trailers shall at any time be located closer than twenty-five (25) feet to a property line of any adjacent property, notwithstanding the required setbacks of the zoning district in which such temporary building or trailer is located.

No person(s) shall place, throw, deposit, keep, maintain or permit litter on any public or private property or vacant or occupied property, whether owned by such person or not.

The owner or person in control of any private property shall, at all times, maintain the premises free of litter.

No book exchange box shall be located as to impede pedestrian access or circulation.

Boxes shall not be constructed in a manner that obstructs visibility of intersections.

Boxes shall not be allowed in the public right-of-way or on any public property unless placed there by the public body owning the property.

Each box shall be designed and constructed in such a manner that its contents are protected from the elements.

Boxes are limited to a maximum height of six (6) feet and six (6) inches (seventy-eight (78) inches to the highest point on the structure), and a maximum width and depth of three (3) feet.

Boxes shall be located a minimum of five (5) feet from any property line.

EVCS is permitted by right as a primary or secondary use on all lots zoned commercial or industrial and on all lots with a commercial, industrial and/or multifamily residential use, subject to the following:

Subject to all other requirements of this Section, EVCS is allowed as an accessory use to single-family and two-family residential uses, subject to compliance with all accessory use regulations applicable to the lot upon which the EVCS is located.

Any repair work, body and fender work, painting, towing and other repair services conducted as an accessory use, excluding any and all activities relating to an auto salvage operation.

Retail sales of products and parts incidental to and accessory to motor vehicle sales.

Sales of pre-owned automobiles, light duty trucks or vans, sport utility vehicles, recreation vehicles and light duty trailers.

Rental or leasing of new or pre-owned automobiles, light duty trucks or vans or sport utility vehicles.

Enclosed sales floor area (show room) shall contain minimum one thousand five hundred (1,500) square feet.

Enclosed service/repair building shall contain minimum one thousand five hundred (1,500) square feet. Building to be at least one hundred fifty (150) feet from any residential zone. All motor vehicle repair and service work shall be conducted within the enclosed building. All garage-type doors for service buildings within two hundred fifty (250) feet of adjacent residential zone must not face residential zone.

Minimum lot area. Four (4) acres.

Open storage of inventory is permitted. Storage yards for vehicles awaiting body repair/painting or wholesale sales shall be screened with landscaping and a six (6) foot high sightproof fence from any adjacent properties on which such yards are not permitted or do not exist.

All storm water improvements shall meet the City standards which are the standards promulgated by the Metropolitan St. Louis Sewer District.

There shall be a minimum of one (1) detention basin.

Any repair work, body and fender work, painting, towing and other repair services conducted as an accessory use, excluding any and all activities relating to an auto salvage operation.

Retail sales of products and parts incidental to and accessory to motor vehicles repair and sales.

Sales of new automobiles, light duty trucks or vans, sport utility vehicles, recreation vehicles and light duty trailers.

Rental or leasing of new or pre-owned automobiles, light duty trucks or vans or sport utility vehicles.

Enclosed sales floor area (show room) shall contain minimum one thousand five hundred (1,500) square feet.

Enclosed service/repair building shall contain minimum one thousand five hundred (1,500) square feet. The building shall be at least one hundred fifty (150) feet from any residential district and/or residential use. All motor vehicle repair and service work shall be conducted within the enclosed building. All garage-type doors for service buildings within two hundred fifty (250) feet of an adjacent residential district or use must not face the residential district or use.

Minimum lot area. Four (4) acres.

Road frontage. Must be located within one hundred fifty (150) feet of a road of at least five (5) lanes.

Zoning districts. May only be located in the "C-4" Ellisville Business Park Zoning District. Used motor vehicle sales are expressly prohibited in the "C-1," "C-2," "C-3," and "C-5" Zoning Districts.

Open storage of inventory is permitted. Storage yards for vehicles awaiting repair/painting or wholesale sales shall be screened with landscaping and a six (6) foot high sightproof fence from any adjacent properties on which such yards are not permitted or do not exist.

All storm water improvements shall meet the City standards which are the standards promulgated by the Metropolitan St. Louis Sewer District.

There shall be a minimum of one (1) detention basin.

Permit limited temporary off-site storage of new motor vehicles.

Maintain neighborhood character by limiting the location and extent of temporary off-site storage of new motor vehicles.

Protect the rights of private property owners and businesses.

Temporary off-site storage of motor vehicles is limited to temporary storage of excess inventory of new motor vehicles to be offered for sale at a location other than the property upon which such motor vehicle is temporarily stored.

Written consent of the owner of the property upon which motor vehicles will be temporarily stored is required.

The property upon which motor vehicles will be temporarily stored must have sufficient on-site parking to accommodate both the primary use and the temporary motor vehicle storage.

The property upon which motor vehicles will be temporarily stored must be at a location where a commercial or industrial use is permitted or may be conditionally permitted.

The temporary off-site storage of motor vehicles may not cause any adverse impacts upon adjacent properties.

Temporary off-site storage of motor vehicles requires petition to and approval of the City Council.

A site plan or aerial and rendering shall be filed with the City which depicts the proposed outdoor dining area, number of tables and/or chairs requested, proposed outdoor dining area improvements and compliance with all provisions of this Section.

The applicant shall provide photographs, renderings and specifications as requested of all items proposed to be utilized in conjunction with the outdoor dining use.

The applicant shall submit a notarized statement attesting that he/she has read, understands and agrees to comply with all the outdoor dining regulations of this Section.

The outdoor dining area may be operated only as an ancillary part of the principal business operation.

Outdoor speakers and music (not live music) shall be allowed in the outdoor dining area subject to compliance with Section 400.170, Performance Standards.

The outdoor dining area shall be kept clean and free of debris at all times and be kept in good order and repair.

The outdoor dining area hours shall be no longer than those of the principal facility.

Approval of an outdoor dining area does not automatically extend liquor license authority into said area. If the applicant desires to serve alcoholic beverages of any class in the subject area, a conditional use permit or conditional use permit amendment must be sought and approved and new license issued.

The food/beverage service and menu shall be identical or substantially the same as the adjacent principal operation.

The operating season of the outdoor dining area shall be limited to March first through December first annually.

Authority to operate an outdoor dining area is granted for renewable one-year terms which shall coincide with the business license year. If the City does not take action to rescind authority granted under this Section by 11:59 P.M. the last day of the business license year, outdoor dining authority is automatically extended for another business license year period unless the conditional use permit is rescinded by the City with cause.

Seating must be on pavement or decking — no gravel, grass, dirt or other unfinished surface.

All functional and aesthetic improvements proposed for installation and operation such as outdoor tables, chairs, umbrellas, furniture, awnings, barriers, landscaping, planters and general plant materials, decorative fences, light fixtures, railings and dividers and decorative items shall be as approved by the City Planner based on factors such as appearance, durability and degree of safety to patrons and the general public. All materials must be aesthetically appealing and of uniform design.

The seating shall not obstruct any ingress or egress points of the principal or secondary facility.

An unobstructed pedestrian walkway shall be maintained between tables or chairs and any lane or parking lot utilized by motor vehicles.

Any lighting installed and operated shall be backshielded so as to transmit light only to the subject area and not disturb adjacent properties or affect traffic on adjacent rights-of-way.

Off-street parking is not required for the outdoor dining area. However, should parking become an issue, the City may impose additional parking requirements or restrictions in the interest of preserving public safety and health.

Any outdoor trash receptacles utilized in conjunction with the outdoor dining area shall be placed as close to the principal facility as feasible, shall be for patron self-service disposal only, shall be readily visible but coordinate with the overall design of the outdoor dining area, shall not interfere with pedestrian or vehicular ingress or egress and shall be covered or sealed at all times and not allowed to overflow.

No permanent structures or ground improvements may be constructed or installed without building permit authorization from the City.

The outdoor dining area shall not encroach on front or side yard setbacks, rear yard requirements or any right-of-way.

No signage or other advertising devices may be operated in the outdoor dining area except as allowed by the Sign Code for the entire facility.

Access to and from the outdoor dining area shall be in compliance with all fire safety requirements.

The outdoor dining area shall be physically separated from vehicular and pedestrian thoroughfares, both for the privacy of the patron and the safety of the patron and general public. Separation can be accomplished by a change in elevation, use of planter boxes or other landscaping methods and materials, permanent railing or combinations of each of the aforementioned. All such barriers must be at least twenty-four (24) inches in height (inclusive of plant materials) and must be durable and be well maintained.

All non-permanent outdoor furniture and fixtures shall be removed from the outdoor dining area or stored inconspicuously as approved by the City Planner during non-operating months.

The City Council shall have the authority to waive any of the requirements of this Section.

Permit limited temporary sales of food and seasonal produce within the City of Ellisville.

Maintain neighborhood character by limiting the location and extent of temporary sales.

Protect the rights of private property owners and businesses.

Protect the safety of the traveling public.

These regulations shall apply to temporary food vendors operating on private property.

Temporary food vendors operating in the public right-of-way shall be subject to the applicable provisions of Chapter 630, Peddlers and Solicitors, of the Municipal Code.

Types. Temporary food vendors operating on private property shall be limited to:

Approval. Temporary food vendors shall be subject to the review and approval of the City Council. Proof of obtaining all licenses required by the State and/or County shall be submitted to the Council prior to approval. Liquor sales are subject to all applicable liquor licensing and/or sale regulations as per Section 600.030.

Drive-through facilities. Drive-through facilities shall not be permitted in conjunction with temporary food vendors.

Maintenance. The area in and around the temporary food vendor shall be kept clean and orderly. A trash receptacle shall be provided. The merchant is responsible to clean up all trash, litter, spills, etc., within a minimum twenty-foot radius.

Code compliance. Temporary food vendors shall comply with all other pertinent City, Federal, State of Missouri, and St. Louis County requirements.

Duration. The food truck, trailer, tent, seasonal produce truck, cart or other temporary structure may operate year-round, subject to the limitations on hours of operation.

Hours of operation. The food truck, trailer, tent, seasonal produce truck, cart or other temporary structure shall not operate, park, or otherwise be located upon a property beyond the hours of operation of the primary establishment on that property or twelve (12) hours per day, whichever is less.

By a person who does not personally provide day care service to the children in attendance at the day care home;

By a person who does not reside in the residence where the day care home is located;

In a structure which may not lawfully be occupied as a residence under the zoning ordinance;

Where care is being provided for more children at one time than such operator is licensed under this Section or State law to care for on the specified premises;

Where there is less than seven hundred fifty (750) square feet of contiguous, compact outside play area on the premises available for outside recreation of the children, regardless of the number of children that are in attendance at the day care home at any one time. The property used in calculating whether the minimum outside play area is satisfied cannot be common ground, public property or any other property where possession is in fact shared with other residents or where other residents have the right to use the property; or

Where the operation of the day care home is in violation of any City ordinance affecting health and safety.

Excessive noise in connection with the day care home which would annoy a person of ordinary sensibilities;

Children to trespass on property where there is no permission for the children to enter;

Operation of the day care home to damage property of others; or

Operation of the day care home to cause the property on which the day care home is operated to deteriorate the property.

The name of the person desiring to operate a day care home.

The address where the person intends to operate the day care home.

The maximum number of children who will be in attendance at the day care home at any one time.

A copy of the application made to the State of Missouri for a State day care home license.

The number of square feet on the premises available for outside recreation of the children.

A site plan drawn to scale showing:

The addresses of residences within one hundred eighty-five (185) feet of the premises.

The names, addresses and Social Security numbers of the applicant, all proposed employees and all adults who reside or will be present on the premises on a regular basis. Each such person shall execute an authorization for the Council to request the Chief of Police of the City of Ellisville to conduct a complete record check of each such person.

Applicant shall execute an authorization for the Council to request the Metro West Fire District to conduct a complete inspection of the premises.

The Council believes any statement in the application is false.

The application is not completed.

The operation of the day care home will not satisfy the requirements of this Section.

The applicant does not consent to operate within the conditions imposed under Subsection (S) of this Section.

The applicant does not receive a three-fourths (¾) favorable vote of all the elected members of the Council.

The requirement for the construction of a fence of sufficient height and construction to contain the children within the premises of the day care home.

The requirement that the hours of operation of the day care home be limited.

The requirement that any assistant or assistants working at the day care home use available off-street parking so as not to congest neighborhood streets.

In the event that the Council determines that there is inadequate parking space to permit the picking up or dropping off of children at the day care home without congesting traffic or endangering public safety, then the Council may require that the operator provide an off-street paved unobstructed pickup space with adequate stacking area.

In the event that the lot on which the day care home is to be operated contains less than ten thousand (10,000) square feet, the Council may limit the number of children permitted at the day care home to less than the maximum otherwise permitted by law.

The requirement that signs are not allowed.

The requirement that no more than one (1) assistant can be employed.

A day care home license has been applied for;

The name of the applicant;

The address of the applicant, which is the address of the proposed day care home;

The license may be issued with conditions;

The address of the Council and the desire of the Council to receive written comments pertaining to the granting of the license or the imposition of conditions in connection with the licensing of the premises;

The license will not be granted for at least thirty (30) days following the mailing of the notice of the Council to permit time for response from the addressees;

The Council will allow and accept comments from the floor from residents concerning the application for a day care home license at an open, public meeting; and

The license will not be granted without approval of three-fourths (¾) of the elected members of the Council.

The name and address of each petitioner;

The signature of each petitioner and the date the signature was placed on the petition. No signature shall be counted as a valid signature unless it is made more than seventy-five (75) days following the issuance of the original license for the day care home;

The location of the residence of the petitioner with respect to the licensed premises;

The reason or reasons that the signatories are aggrieved. Broad statements that the Council failed to comply with the ordinance in issuing the license do not satisfy this requirement.

An appeal to the Council may be made by the applicant or licensee from any decision of the Director or other persons in the manner described in Subsection (W) through (AB). An appeal made pursuant to Subsection (AC) shall be made within the time period prescribed in that Subsection. All other appeals shall be made within fifteen (15) days of the decision appealed from. An appeal to the Council from the suspension or revocation of a permit or approval, approval with conditions or disapproval of license or renewal license application may only be made from the final decision of the Council.

Appeals shall be filed with the Council upon such forms as are approved for such purpose by the Council. Each appeal shall be accompanied by a fee in accordance with this Code. Appeals to the Council shall be instituted by filing a notice of appeal with the Council within fifteen (15) days after mailing or delivery of the Council's final decision.

Before making its decision on any appeal, the Council shall hold a public hearing thereon. At least five (5) days' notice of the time and place of such hearing shall be sent to each person known to the Council to have any interest in the appeal and by certified mail to the appellant. Such notice shall contain the name of the appellant, the date, time and place fixed for the hearing and a brief statement of the subject of the appeal. In addition, notice of the hearing shall be published in one (1) newspaper of general circulation in Ellisville not less than five (5) days prior to the hearing.

Hearings may be adjourned from time to time; and if the time and place of the continued hearing be publicly announced at the time of the adjournment, no further notice of such continued hearing shall be required.

The Council may adopt rules of procedure not inconsistent with law. A majority of the Council shall constitute a quorum.

The Mayor or other Presiding Officer may administer oaths and compel the attendance of necessary witnesses at hearings or meetings.

The Council shall cause adequate minutes of its proceedings to be kept and shall record or otherwise provide for the ability to prepare a transcript of all evidence and testimony presented in any hearing.

All decisions of the Council shall be by order, in which a majority of those members participating in a hearing shall concur. Each order shall set forth the decision and a statement of the grounds and any findings forming the basis of such decision and the full text of the order and record of members' votes shall be incorporated into the minutes of the Council's meetings.

A decision of the Council that the Director erroneously determined the facts or applied the law shall contain a statement of the decision which the Director ought to have made and such decision shall have the same force and effect as though the Director had made the decision. The Council shall not make a determination that the Director acted erroneously and refer the matter back to the Director for a different determination. The decision of the Council shall be final.

The deliberations and records of the Council shall be open to the public.

An appeal to the Council shall operate as a stay of an order denying a permit or suspending or revoking a permit or denying renewal of a license, unless the Director specifically determines in his/her order that a stay would produce an immediate and irreversible threat to the public health and welfare.

No issue pertaining to a specific party which has been previously specifically decided by the Council shall be subject to rehearing unless a substantial change of conditions is alleged in the notice of appeal. An issue which has been previously decided by the Council shall not be modified by a subsequent decision of the Council unless a substantial change in fact has been shown to exist.

Such facilities shall provide and utilize digital video and audio surveillance equipment that observes all interior portions of the unit that are accessible or visible to the general public, all private offices and all exterior perimeters of the building or site including parking lots, alleys, service areas, all exterior windows and doors and similar spaces. Such equipment shall operate twenty-four (24) hours a day seven (7) days a week and shall be connected to a recording device(s) that permanently retain the recorded data for at least thirty (30) days before the data is erased or recorded over. Such recording devices must be able to have the data downloaded to another device for long-term permanent storage as needed.

Such facilities shall be designed to have their public lobby areas fully visible from the adjoining parking lots. No interior or exterior improvements, window tintings and treatment, draperies, blinds, signage, landscaping or other devices shall be utilized to block such visibility.

Such facilities shall provide a vault or safe to protect cash or other liquid assets. Such vault or safe shall have a UL rating of TRTL-15 or better. Such safe or vault shall be installed in such a manner that the area near the safe/vault shall be visible from the parking lot and the surveillance system.

Such facilities shall be equipped with an interior illumination system that fully illuminates the area around the vault or safe during all times of darkness.

Such facilities shall be equipped with an alarm system that monitors all exterior doors and windows, cash drawers and the vault/safe. The system shall include "hold up" alarm/panic buttons at all teller and manager positions that promptly notify the Police Department when activated. Such an alarm system must be installed and operated in accordance with the established standards and requirements of the City of Ellisville for such equipment. Such systems shall be tested monthly and a record of such tests maintained on the premises for review.

In addition to the restrictions above, check-cashing/payday loan establishments shall not be permitted within seven hundred fifty (750) feet of any property zoned and/or used for residential, eleemosynary, religious, school or public use or within seven hundred fifty (750) feet of any other check-cashing/payday loan establishment or establishment or within three hundred (300) feet of the right-of-way line of Manchester Road. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the establishment to the closest point on any property line of the eleemosynary use, religious institution, school, public building or public park or to the right-of-way line of Manchester Road.

Property lines and physical dimensions of the applicant's property.

Location, dimensions and types of existing major structures on the property.

Location of the proposed small wind energy system, foundations, guy anchors and associated equipment.

Tower foundation blueprints or drawings.

Tower blueprints or drawings.

Setback requirements as required within the zoning district.

The right-of-way of any public road that is contiguous with the property.

Any overhead utility lines.

Small wind energy system specifications, including manufacturer, model, rotor diameter, tower height, tower type, nameplate generation capacity.

Small wind energy systems that will be connected to the power grid shall include a copy of the application for interconnection with their electric utility provider.

Sound level analysis prepared by the wind generator manufacturer or qualified engineer.

Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the adopted Building Code.

Evidence of compliance or non-applicability with Federal Aviation Administration requirements.

Small wind energy systems must meet all setbacks for accessory structures for the zoning district in which the system is located.

Guy wires used to support the tower are exempt from the small wind energy system setback requirements.

The maximum tower height shall be restricted to the maximum building height in the zoning district.

Sound level. The small wind energy system shall not exceed sixty (60) decibels as measured at the site property line, except during short-term events such as severe wind storms and utility outages.

Shadow flicker. Small wind energy systems shall be sited in a manner that does not result in significant shadow flicker impacts. "Significant shadow flicker" is defined as more than thirty (30) hours per year on abutting occupied buildings. The applicant has the burden of proving that the shadow flicker will not have significant adverse impact on neighboring or adjacent uses. Potential shadow flicker will be addressed either through siting or mitigation measures.

Signs. All signs, including flags, streamers and decorative items, both temporary and permanent, are prohibited on the small wind energy system, except for manufacturer identification or appropriate warning signs.

The applicant shall demonstrate through project site planning and proposed mitigation that the small wind energy system's visual impacts will be minimized for surrounding neighbors and the community. This may include, but not be limited to, information regarding site selection, wind generator design or appearance, buffering and screening of ground-mounted electrical and control equipment. All electrical conduits shall be underground, except when the financial costs are prohibitive.

The color of the small wind energy system shall either be the stock color from the manufacturer or painted with a non-reflective, unobtrusive color that blends in with the surrounding environment. Approved colors include, but are not limited to, white, off-white or gray.

A small wind energy system shall not be artificially lit.

Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the small wind energy system and as otherwise prescribed by applicable laws, regulations and ordinances.

At such time that a small wind energy system is scheduled to be abandoned or discontinued, the applicant will notify the City Planner by certified U.S. mail of the proposed date of abandonment or discontinuation of operations.

Upon abandonment or discontinuation of use, the owner shall physically remove the small wind energy system within ninety (90) days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the City Council. "Physically remove" shall include, but not be limited to:

In the event that an applicant fails to give such notice, the system shall be considered abandoned or discontinued if the system is out-of-service for a continuous twelve (12) month period. After the twelve (12) months of inoperability, the City Planner may issue a notice of abandonment to the owner of the small wind energy system. The owner shall have the right to respond to the notice of abandonment within thirty (30) days from notice receipt date. After review of the information provided by the owner, the City Planner shall determine if the small wind energy system has been abandoned. If it is determined that the small wind energy system has not been abandoned, the City Planner shall withdraw the notice of abandonment and notify the owner of the withdrawal.

If the owner fails to respond to the notice of abandonment or, if after review by the City Planner, it is determined that the small wind energy system has been abandoned or discontinued, the owner of the small wind energy system shall remove the wind generator and tower at the owner's sole expense within three (3) months of receipt of the notice of abandonment. If the owner fails to physically remove the small wind energy system after the notice of abandonment procedure, the City Planner may pursue legal action to have the small wind energy system removed at the owner's expense.