Festus City Zoning Code
ARTICLE I
In General
Section 405.010 Definitions.
[R.O. 2009 §31-1; Ord. No. 2928 §31-1, 12-22-1999; Ord. No. 3086 §I(31-1), 7-25-2001; Ord. No. 3131 §II(31-1), 12-12-2001; Ord. No. 3271 §1(31-1), 5-14-2003; Ord. No. 3298 §I(31-1), 7-23-2003; Ord. No. 3311 §II(31-1), 8-27-2003; Ord. No. 3764 §I(31-1), 12-12-2007; Ord. No. 3774 §I(31-1), 1-23-2008; Ord. No. 4817, 5-27-2025; Ord. No. 4858, 10-27-2025]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
Words used in the present tense include the future; words in the singular number indicate the plural and words in the plural number indicate the singular; the word "building" includes the word "structure"; the word "shall" or the word "must" is mandatory and not directory; the word "lot" includes the word "plot"; the term "used for" includes the meaning "designed for" or "intended for."
A use or structure subordinate to the principal use of a building or to the principal use of land, located on the same lot as such principal use and serving a purpose customarily incidental to the use of the principal building or use of land.
Any business which offers its patrons goods of which a substantial portion are adult oriented items or services relating to such items. Any business where more than ten percent (10%) of the retail value of merchandise offered for sale consists of adult oriented items shall be presumed to be an adult oriented business. No adult oriented business shall advertise, display or promote adult oriented items so that they are visible from outside the premises. Only one (1) adult oriented business may be operated in the same structure as any other adult oriented business.
Shall consist of:
Sexual devices: Any three-dimensional object designed or marketed as useful primarily in the performance of a sexual act or to enhance or entice sexual stimulation or gratification. Such devices include any item which has no substantial non-sex related utility, such as erotic undergarments and artificial sexual organs, as well as devices with other utility when they are marketed for sexual purposes, such as chains, handcuffs or the like, but does not include devices primarily intended for protection of health or prevention of pregnancy; or
Sexually explicit materials: Any book, magazine, pamphlet, newspaper or other printed or written matter, picture, drawing, photograph, motion picture film, pictorial representation, statue, figure or other three-dimensional object, recording, transcription or anything which is or may be used as a means of communication that depicts, describes or portrays human sexual intercourse, sodomy, bestiality, oral copulation, masturbation, urinary and defecatory functions, sadism, masochism, sadomasochistic abuse, exhibition of the genitals or any touching of the genitals, pubic areas, buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce raised on the premises; provided however, that the operation of such accessory uses shall be secondary to that of normal agricultural activities and further provided that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.
A public way which affords only a secondary means of access to abutting property and which is twenty (20) feet or less in width.
A room or a suite of rooms within an apartment house arranged, intended or designed for a place of residence of a single-family or group of individuals living together as a single housekeeping unit.
A multiple dwelling which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.
See "DWELLING, MULTIPLE".
A decorative or utilitarian feature that is permanently attached to a building. Architectural features shall include roof overhangs, cornices, canopies, uncovered stairs and landings, decks, balconies, eaves, bay windows, bump-out windows, exterior flues and chimneys and other similar appurtenances.
A story whose floor is more than twelve (12) inches but not more than one-half (½) its clear height below the average level of the adjoining ground. A basement, when used as a dwelling, shall be counted as a story for purposes of height measurement and a half story for purposes of minimum side yard determination.
The utilization of labor, equipment and materials for the purpose of erecting, modifying or altering a structure.
A unit of property bounded by streets or by streets and/or railroad rights-of-way, waterways or other barriers.
Property having frontage on one (1) side of the street and lying between the two (2) nearest intersecting, intercepting or intercepting extended streets or nearest intersecting or intercepting street and railroad right-of-way waterway or other barrier.
The Board of Adjustment of the City established in accordance with the provisions of this Chapter.
A building, other than a hotel, motel, apartment, apartment hotel or apartment house, containing one (1) or more housekeeping units, where temporary lodging or meals are provided for two (2) or more persons for compensation. Any building where persons are lodged for "periods of habitation" of twelve (12) weeks or less shall be deemed to be a boarding house or lodging house even if otherwise qualifying as an apartment, apartment hotel or apartment house. For the purposes of this definition, "periods of habitation" refers to the actual periods of time that different families or sets of unrelated individuals occupy housekeeping units, rather than the terms of the leases or contracts governing the lodging or boarding relationships.
A structure having a roof supported by columns or walls for the shelter, support, enclosure or protection of persons, animals, chattels or property. When separated by party walls, without openings through such walls, each portion of such structure shall be considered a separate building, except as regards minimum side yard requirements as hereinafter provided.
The vertical distance measured from the average elevation of the finished grade along the front of the building to the highest point of the roof surface or to the highest point of the coping of a flat roof; or to the deck line of a mansard roof; and to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
A building in which is conducted the main or principal use of the lot on which such building is situated. Where a substantial part of the wall of an accessory building is a part of the wall of the principal building or where an accessory building is attached to the main building in a substantial manner, as by roof, such accessory building shall be counted as part of the principal building.
The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services and/or the maintenance or operation of offices or recreational and amusement enterprises for profit.
A story, the floor of which is more than one-half (½) its clear height below the average level of the adjoining ground. A cellar when used as a dwelling shall be counted as a story for the purposes of height measurement.
A non-profit association of persons who are bona fide members organized for some common purposes and paying regular dues; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
A use that is permitted but only by application to the Planning and Zoning Commission as designated in each specific instance. The use may be granted only after a determination by the Planning and Zoning Commission that all regulations and standards of this Chapter applying to the specific use in the particular location will be met and shall include such additional conditions or safeguards as the Commission may prescribe in the specific case and circumstances, in order to prevent harm or injury to adjacent uses, the neighborhood, and/or in order to improve the public health, safety, convenience, comfort, prosperity and general welfare and approval by Council.
Any development of property pursuant to the provisions of Chapter 448, RSMo.
An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two (2) or more sides by the walls of such building.
The mean level of the curb in front of the lot or in case of a corner lot, along the abutting street where the mean curb level is the highest.
A facility, or a portion of a facility, of which the primary service is data processing or data storage, and is used to house computer systems and associated components, such as central processing units, graphical processing units, neural networks, quantum bits, quantum processors, memory, data routing, data storage, server farm, bitcoin mining, crypto processing, virtual private networks, virtual servers, artificial intelligence training or processing, image processing, cloud computing, email servicing, a telecom hotel, telehouse co-location, or any other term applicable to facilities which are used for such purposes, shall be deemed to be a data center. A data center shall not be housed in whole or in part in storage containers or other temporary or movable structures.
A not-for-profit or commercial facility meeting the requirements of, and licensed by, the State of Missouri for the care of infants and children and shall be six (6) or more children.
A business for the care of infants and children having less than the number of children that would require a license from the State of Missouri and shall be five (5) or fewer children.
A section of the City for which uniform regulations governing the use, height, area, size and intensity of use of buildings and land and open spaces about buildings are herein established.
Each of the districts in the following list shall be deemed to be more restricted than any of the districts succeeding it and each shall be deemed to be less restricted than any of the districts preceding it: "N-1", "E-1", "E-2", "R-1", "R-2", "R-3", "R-4", "B-1", "B-2", "B-3", "B-4" and "I-1".
A building or portion thereof used primarily as a place of abode for one (1) or more human beings, but not including hotels, motels, motor hotels, boarding or lodging houses, tourist homes or, except when located in an authorized mobile home park, mobile homes.
A building or portion thereof arranged, intended or designed for occupancy by three (3) or more families and including apartment houses and row houses.
A building arranged, intended or designed for occupancy by one (1) family.
A building arranged, intended or designed for occupancy by two (2) families.
A grant by a property owner to the public, a corporation or a person of the use of land for a specific purpose.
A professional engineer registered and licensed to practice in Missouri.
A group of one (1) or more persons occupying a dwelling unit and living as a single housekeeping unit, as distinguished from a group occupying a boarding or lodging house or hotel.
The construction boundaries of a structure including the foundation, garage, porch, patio, sidewalk, etc.
An accessory building intended exclusively for the storage of the vehicles used by the family housed in the building to which such garage is accessory.
Any building or premises, except those defined herein as a private garage, used for the storage or servicing of motor vehicles or where such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.
Any structure owned by the United States of America, the State of Missouri or any and all other political subdivisions of the State.
A single parcel or several separate parcels set out within a planned development area, designated and designed to be used as parks, plazas, courts, playgrounds, buffer zones or other open spaces.
A residence for eight (8) or fewer unrelated mentally or physically handicapped persons with up to two (2) additional persons acting as houseparents or guardians.
The vertical distance from the lowest level of such yard or court to the highest point of any boundary wall.
Any use conducted entirely within a dwelling or accessory building and participated in solely by members of the family, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. No commodity shall be sold upon the premises except that which is produced thereon and no sign shall be displayed. Further, no offensive noise, vibrations, smoke or other particulate matter, odorous matter, heat, humidity, glare or other objectionable effects shall be produced.
An institution licensed by the State Department of Public Health and Welfare and providing health services primarily for inpatient medical or surgical care of the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities and staff offices which are an integral part of the facility, provided such institution is operated by or treatment is given under direct supervision of a licensed physician.
A building in which lodging is provided and offered to the public for compensation and which is open to transient guests, in contradistinction to a boarding or lodging house.
Any lot on which personal property is or may be collected, accumulated, dismantled, assorted, stored or salvaged for reuse, resale or reduction or similar disposition.
Any lot on which four (4) or more dogs, cats or other domestic animals at least four (4) months of age are kept.[1]
A land surveyor registered in the State of Missouri.
A parcel of land occupied or intended to be occupied by a principal or conditional use and uses accessory thereto together with such open spaces as required under this Chapter. A lot may be a single parcel separately described in a deed or plat which is recorded in the office of the County Recorder or it may include parts of or a combination of such parcels when adjacent to one another and used as one. In determining lot area and boundary lines, no part thereof within the limits of a street or place shall be included.
A lot abutting upon two (2) or more streets at their intersection. For building setback purposes, a corner lot is deemed to have two (2) front yards.
The mean horizontal distance from the front lot line to the rear line.
A lot whose side lines do not abut upon any street.
The lines bounding a lot, as defined herein.
In the case of an interior lot, the line separating the lot from the street or place. In the case of a corner lot or double frontage lot, the lot is deemed to have a front lot line on each street.
The lot line which is opposite and most distant from the front lot line. On a corner lot, the rear lot line shall mean the line which is opposite the front lot line that has the narrowest frontage.
Any lot line not a front or rear lot line.
An interior lot having frontage on two (2) streets at opposite ends of the lot.
The minimum horizontal distance between side lot lines measured at right angles to the lot depth. On lots in a cul-de-sac or lots fronting on a street with a horizontal radius of less than two hundred (200) feet, the lot width shall be determined by measuring the chord length of the curve at the front building line.
Any commercial office building occupied or intended to be occupied primarily by members of the medical or dental profession. This shall include buildings that contain emergency and ambulatory treatment facilities but not inpatient care.
Any vehicle either self-propelled or propelled by means of being attached to a motor vehicle which may be used as the place of abode or sleeping place by one (1) or more persons and which has no foundation other than the wheels required for its movement from one place to another.
A lot which is used or offered as a location for two (2) or more mobile homes and within which lot a mobile home may be supported either by its wheels or by a foundation of any sort.
A building or group of detached buildings containing units having bedroom, bathroom and closet space and each unit having convenient access to a parking space for the use of the units' occupants. The units, with the exception of the apartment of the manager or caretaker, are intended for the use of motor vehicle transients.
The business of making loans for a period of thirty (30) days or less in duration, intended to coincide with the period from one (1) payday of the borrower to the next and in principle amounts of five hundred dollars ($500.00) or less.
A use, building or yard existing legally at the time of the passage of this Chapter or any amendment thereto which does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated.
Any place where motorized vehicles are parked, stored or otherwise placed.
A durable, paved surfaced area, enclosed in the main building, in an accessory building or unenclosed, sufficient in size to store one (1) automobile including the necessary driveway and space between automobiles on the parking lot. The driveways connecting a parking space with street or alley shall provide satisfactory ingress and egress of automobiles and shall be a durable, paved surfaced area and shall have appropriate bumper guards where deemed necessary by the Commission.
An open, unoccupied space other than a street or alley permanently established or dedicated as the principal means of access to property abutting thereon.
A private or public development or improvement of a tract of land for the purpose of creating residential, business or industrial use property. Uses may include, but are not limited to, the following: an apartment, condominium or town house complex; a shopping center (with or without a mall); a commercial business or service area; an industrial park or court; a recreational park or other open space.
A private or public development or improvement of a tract of land containing not less than five (5) acres for the purpose of creating residential, business or industrial use property. Uses may include, but are not limited to, the following: an apartment, condominium or town house complex; a shopping center (with or without a mall); a commercial business or service area; an industrial park or court; a recreational park or other open space.
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the lot where displayed or only incidentally on such lot.
A sign which directs attention to an activity, business or a profession conducted on the lot on which displayed. A real estate sign advertising the sale, rental or lease of the lot on which it is maintained or an institutional bulletin shall not be deemed a business sign.
An accessory building for the keeping of horses or mules by occupants of the premises and not kept for remuneration, hire or sale.
That portion of a building included between the surface of one (1) floor and the surface of the floor next above it or if there be no floor above, that part of the building which is above the surface of the highest floor thereof. A top story shall be considered a half story when the main line of the eaves is not above the middle of the interior height of such story. The first (1st) story of a building is the highest story not a basement as defined herein.
A public thoroughfare forty (40) feet or more in width between property lines which affords the principal means of vehicular access to abutting property or such thoroughfare more than twenty (20) but less than fifty (50) feet in width provided it existed prior to the passage of this Chapter. The term "street" shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any other similar term.
The dividing line between the street and the abutting property.
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders or any substantial change in the exterior walls or the roof.
Anything constructed or erected which requires location on the ground or attachment to something having a location on the ground including, but not limited to, advertising signs and business signs, but exclusive of customary fences or boundary or retaining walls.
The business of lending money with the pledge of personal property as collateral, evidenced by a certificate of title issued by the State of Missouri and regulated under the Revised Statutes of Missouri as from time to time amended.
The employment or occupation of a building, structure or land for a person's service, benefit or enjoyment.
A modification of the specific requirements of this Chapter granted by the Board to a property owner to relieve such owner from strict compliance upon a showing of practical difficulties or unnecessary hardship so long as public safety and welfare are not jeopardized thereby.
The foregoing use descriptions shall be interchangeable, and shall be defined as, a licensed facility where small animals or household pets are given medical or surgical treatment and are cared for during the time of treatment. Use as a kennel, as defined in Section 405.010, shall be limited to short time boarding, and shall only be incidental to the veterinary use. The use may also include the incidental retail sale of pet supplies. A "small animal," as used in this Chapter, shall mean a dog, cat, bird, reptile, mammal, fish or other non-human creature that can be kept in a relatively small or confined space and normally treated as a pet. The use shall not include large animals. A "large animal," for purposes of this Chapter, shall mean a horse, cow, sheep, goat, pig, ostrich or similar size fowl, or other similar creatures which are also associated with traditional farming or animal husbandry purposes.
An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.
A yard across the full width of the lot extending from the front line of the main building to the front lot line. On double frontage lots this is intended to mean the street address of the property.
A yard across the full width of the lot extending from the rear line of the main building to the rear lot line.
A yard between the main building and the adjacent side lot line and extending entirely from the front yard to the rear yard.
Section 405.020 Division of City Into Districts.
[R.O. 2009 §31-2; Ord. No. 2928 §31-2, 12-22-1999]
For the purpose of promoting health, safety, morals and the general welfare of the community, by regulating and restricting height, number of stories, size of buildings and other structures, the size of yards, courts and other open spaces and the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes; to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land and avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parts and other public requirements; the City may hereby be divided into districts as follows:
District "N-1" | Non-Urban District |
District "E-1" | Large Lot Single-Family Dwelling District |
District "E-2" | Clustered Home Single-Family Dwelling District |
District "R-1" | Single-Family Dwelling District |
District "R-2" | Single-Family Dwelling District |
District "R-3" | Single-Family and Two-Family Dwelling District |
District "R-4" | Multiple Dwelling District |
District "B-1" | Local Business District |
District "B-2" | Community Retail District |
District "B-3" | Downtown Business District |
District "B-4" | Highway Business District |
District "I-1" | Industrial District |
Section 405.030 Zoning District Map.
[R.O. 2009 §31-3; Ord. No. 2928 §31-3, 12-22-1999]
Boundaries of the districts, as enumerated in Section 405.020, are hereby established as shown on the official Zoning Map of the City, which map is hereby designated as the "Zoning District Map", and such map and all the notations, references and information shown thereon are hereby made a part of this Chapter as if they were set forth in full herein.
It shall be the duty of the City Clerk to keep on file an authentic copy of such map, all changes, amendments or additions thereto and a duplicate copy thereof shall be kept on file in the office of the Building Official.
Where definite distances in feet are not shown on the Zoning District Map, the district boundaries are intended to be along existing street, alley or plotted lot lines or extensions of the same and if the exact location of such line is not clear, it shall be determined by the Planning and Zoning Commission, due consideration being given to location as indicated by the scale of the Zoning District Map.
When the streets or alleys on the ground differ from the streets or alleys as shown on the Zoning District Map, the Planning and Zoning Commission may apply the district designations on the map to the streets or alleys on the ground in such manner as to conform to the intent and purpose of this Chapter.
All territory which may hereafter be annexed to the City shall automatically be classified as lying and being in district "N-1" unless such classification shall have been changed by an amendment to this Chapter as provided by law.
Whenever any street or alley is vacated, the particular district in which the adjacent property lies shall automatically be extended to the centerline of any such street or alley.
Section 405.040 Compliance With The Requirements of Chapter.
[R.O. 2009 §31-4; Ord. No. 2928 §31-4, 12-22-1999; Ord. No. 3588 §I(31-4), 10-12-2005]
Except as hereinafter specified, no land, buildings, structures or premises shall hereafter be used and no building or part thereof or other structures shall be located, erected, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations specified in this Chapter for the district in which it is located; such regulations including, but without limitation, the following:
The use of buildings, structures or land, including performance standards as defined in this Chapter, in connection with such use; the height, size or dimensions of buildings or structures; the size or dimension of lots, yards or other open spaces surrounding buildings, the provision, location, size, improvement.
Stop Work Order. Whenever the Building Official finds any work being performed in violation of the requirements of this Chapter, the Building Official is authorized to issue a stop work order.
The stop work order shall be in writing and shall be given to the owner of the property involved or to the owner's representative or to the person on site conducting the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason and the conditions under which the cited work will be permitted to resume.
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or alleviate an unsafe condition, shall be subject to penalties as prescribed by law.
Section 405.050 Requirements As Minimum.
[R.O. 2009 §31-5; Ord. No. 2928 §31-5, 12-22-1999]
In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements. Whenever this Chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or resolutions, the provisions of this Chapter shall govern.
No lot, yard, court, parking area or other space shall be reduced in area or dimension so as to make said area or dimensions less than the minimum required by this Chapter. No part of a yard, court, parking area or other space provided about or for any building or structure for the purpose of complying with the provisions of this Chapter shall be included as part of a yard, court, parking area or other space required under this Chapter for another building or structure.
No more than one (1) principal use shall be allowed on any one (1) lot. Only one (1) principal structure shall be allowed per lot unless the provisions of Chapter 410 (Subdivision Regulations) are met. In any case, where there is more than one (1) principal structure proposed to be included on a single lot, either the provisions of Chapter 410 (Subdivision Regulations) or Section 405.530 of the zoning ordinance (subdivision of lots) shall be followed prior to the issuance of any building permits.
Section 405.060 Completion of Existing Buildings.
[R.O. 2009 §31-6; Ord. No. 2928 §31-6, 12-22-1999]
Nothing contained in this Chapter shall require any change in the plans, construction or designated use of the building for which a building permit has been heretofore issued at the time of the passage of this Chapter and the construction of which shall have been diligently prosecuted within one (1) year of the date of such permit and the ground story framework of which including the second (2nd) tier beam shall have been completed within such year and which entire building shall be completed within two (2) years from the date of the passage of this Chapter.
Section 405.070 Disposal of Wastes and Water Supply.
[R.O. 2009 §31-7; Ord. No. 2928 §31-7, 12-22-1999]
The disposal of waste discharged into public streams and sewage systems shall meet the requirements of the Missouri Department of Natural Resources and the regulations promulgated thereunder. Plans and specifications for proposed sewage and industrial waste treatment and disposal facilities shall be submitted to and approval obtained from the Missouri Department of Natural Resources.
Except in district "N-1", no building for human occupancy shall be constructed or used unless it is connected to both a public sanitary sewer and a public water supply.
Section 405.080 General Yard Regulations in "E" and "R" Districts.
[R.O. 2009 §31-8; Ord. No. 2928 §31-8, 12-22-1999]
On through lots or corner lots in any "E" or "R" district, a front yard is required on each street.
Section 405.090 Accessory Buildings in "E" and "R" Districts.
[R.O. 2009 §31-9; Ord. No. 2928 §31-9, 12-22-1999]
No accessory buildings shall be located closer to a side or rear lot line than five (5) feet in any "E" or "R" district. In addition, adequate distance shall be required for the opening and closing of doors between accessory buildings and the rear lot line. Such buildings shall be set back at least twenty-five (25) feet from the front lot line but not closer than the front line of the principal building.
In any "E" or "R" district, no accessory buildings shall be used as a dwelling.
In any "E" or "R" district, accessory buildings or structures shall be at least six (6) feet from any dwellings situated on the same lot and shall not in the aggregate occupy more than twenty percent (20%) of the required rear yard.
In any "E" or "R" district, no accessory building or structure shall be erected or constructed prior to the erection or construction of the principal building except for a temporary building incident to construction of the principal building.
Section 405.100 Vision Clearance.
[R.O. 2009 §31-10; Ord. No. 2928 §31-10, 12-22-1999]
Vision clearance is required on all corner lots at the street corner. For this purpose, "vision clearance" means a triangular space at the street corner of a corner lot free from any kind of obstruction to vision between the heights of three (3) and twelve (12) feet above the established street grade. The street grade is measured at the intersection of the centerlines of the intersecting street pavements and a triangular space is determined by a diagonal line connecting two (2) points measured fifteen (15) feet along each of the street lot lines equal distance from the intersection of the lot lines or the lot lines extended, at the corner of the lot.
Section 405.110 Essential Services.
[R.O. 2009 §31-11; Ord. No. 2928 §31-11, 12-22-1999]
Essential services shall be permitted as authorized and regulated by law or other ordinances of the City. It is the intention hereof to exempt such services from the application of the provisions of this Chapter. For this purpose, "essential services" means the erection, construction, alteration or maintenance by public utilities, municipal departments, commissions or common carriers of underground surface or overhead gas, oil, electrical, stream or water transmission distribution, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, Police call boxes, emergency telephones, traffic signals, hydrants, towers and other similar equipment and accessories in connection therewith necessary for the furnishing of adequate service by such public utilities, municipal departments, commissions or common carriers for the public health, safety and general welfare, but not including buildings or outdoor storage yards.
Section 405.120 Extraction of Minerals, Oil or Gas Prohibited.
[R.O. 2009 §31-12; Ord. No. 2928 §31-12, 12-22-1999]
Except in district "N-1", the extraction of minerals, oils or gas by any process, including quarrying and sand and gravel pits, is expressly prohibited within the corporate limits of the City.
Section 405.130 Height of Structures in Vicinity of Airports.
[R.O. 2009 §31-13; Ord. No. 2928 §31-13, 12-22-1999]
No building or structure shall be erected in the vicinity of an airport in any area included in any approach, transition or turning zone as defined by the Federal agency delegated with the powers or authority to control or regulate aviation, the height of which exceeds the limits permitted or recommended by such Federal agency; provided that this shall not prohibit the erection of buildings or structures to a height of thirty (30) feet or two and one-half (2½) stories.
Section 405.140 Transitional Uses in "R-1", "R-2" and "R-3" Districts.
[R.O. 2009 §31-14; Ord. No. 2928 §31-14, 12-22-1999; Ord. No. 3131 §II(31-14), 12-12-2001]
In any "R-1". "R-2" or "R-3" district, a transitional use shall be permitted on a lot the side lot line of which adjoins directly any "B-1" or "B-2" district. The permitted transitional uses for any such lot in the "R-1" or "R-2" district shall be those permitted in the "R-3" district and the permitted transitional uses for any such lot in the "R-3" district shall be those permitted in the "R-4" district. The requirements governing lot area, lot area per family, lot width, yards and other open spaces and off-street parking shall be those of the "R-3" district for any such lot in the "R-1" or "R-2" districts and those of the "R-4" district for any such lot in the "R-3" district.
Section 405.150 Additional Uses - Board Determination. [1]
[R.O. 2009 §31-15; Ord. No. 2928 §31-15, 12-22-1999]
Uses other than those specifically mentioned in this Chapter as permitted uses in each of the districts may also be allowed therein, except for uses prohibited therein or which are permitted in another district; provided that in the judgment of the Board as evidenced by resolution of record, such other uses are of similar character as those mentioned and will have no more adverse influence on adjacent properties, the neighborhood or the community than the permitted uses specifically mentioned for the district.
[1]
Cross Reference — As to temporary use permits — board determination, §405.940(A)(6).
Section 405.160 Non-Conforming Uses.
[R.O. 2009 §31-16; Ord. No. 2928 §31-16, 12-22-1999; Ord. No. 3311 §I(31-16), 8-27-2003; Ord. No. 4639, 7-12-2021]
The uses of land and all buildings or structures which do not conform to the uses of land and all buildings or structures which become non-conforming by reason of a subsequent change in this Chapter shall be considered legal non-conforming uses.
Subject to the restrictions hereinafter imposed by this Section, legal non-conforming uses may be continued, so long as such uses remain otherwise lawful subject to the provisions herein.
A legal non-conforming use when discontinued or abandoned shall not be resumed. "Discontinuance" or "abandonment" shall be defined as follows:
When open land used as a legal non-conforming use shall cease to be used in the manner in which it was used for nine (9) consecutive calendar months;
When a building used, designed or arranged for a non-conforming use shall cease to be used in the manner in which it was used for nine (9) consecutive calendar months.
Uses of open land and of buildings which are legal non-conforming uses in the district in which they are located may also be used, changed and converted to any conforming use of the district in which such land or building is located.
Any non-conforming building damaged more than sixty (60%) of its then fair market value above the foundation at the time of the damage by fire, flood, explosion, earthquake, war, riot or act of God or man shall not be reconstructed in its original form; if less than sixty (60%) damaged, it may be reconstructed or used, provided that such reconstruction or use is accomplished within nine (9) months of such calamity.
Any existing non-conforming single-family detached residence located in the "B-1" District may be rebuilt if more than sixty percent (60%) damaged, provided that the reconstruction of said residence meets the following:
The residence is constructed on the same footprint (preferably the same foundation if not damaged);
The existing structure is not enlarged or expanded upon;
The continued use as a residence is consistent with and does not impair the then current use of surrounding property. This issue to be determined by the Planning and Zoning Commission for recommendation for action to the City Council.
Nothing contained in this Chapter shall be construed as prohibiting repairs to any portion of a building which is legally non-conforming and any such repairs are hereby permitted.
No such non-conforming use of a parcel, lot, building, or structure shall be enlarged, expanded or extended to occupy a greater area of land than was occupied on the date of adoption or amendment of this Article and no additional accessory use, building, or structure shall be established thereon. Any such enlargement, expansion, or extension shall terminate the non-conforming use.
Section 405.170 Day Care Centers and Day Care Homes.
[R.O. 2009 §31-17; Ord. No. 2928 §31-17, 12-22-1999]
The Building Official will be responsible for inspection and compliance of the City zoning ordinance and City regulations on day care centers and day care homes. In any residential district, no more than five (5) children are allowed in a day care home.
The City requires all day care centers and day care homes to meet any required State of Missouri standards and obtain all required licenses.
Section 405.180 Non-Chartered Payday and Title Loan Businesses.
[Ord. No. 3774 §I(31-18), 1-23-2008]
No permit shall be issued for any non-chartered payday or title loan business that is located within four thousand (4,000) feet of any other non-chartered payday or title loan business located in the City of Festus and within two thousand (2,000) feet outside the City limits of any other non-chartered payday or title loan business. The minimum separation distances shall be measured from any non-chartered payday or title loan business located within the City limits of Festus or outside and immediately adjacent to the City limits. This separation provision shall not apply to an existing business that has been in continuous operation at the same location and under the same business name and ownership from and after the date of enactment of this Section.
Each non-chartered payday and title loan business will be considered a conditional use in the following districts: "B-1", "B-2", "B-3" and "B-4".
Any violation of any provision of this Section by a person or business shall be subject to the penalties, fines and enforcement provisions set forth in the Code of Ordinances of the City of Festus, Missouri.
The provisions of this Section are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this Section.
Section 405.185 Regulation Of Data Centers.
[Ord. No. 4858, 10-27-2025]
Purpose. The general purpose of this Section is to regulate the placement and construction of data centers in the districts where this Code permits the same while promoting the health, safety, and welfare of City residents.
Location; Ancillary Data Centers. All data centers shall be contained within a principal building or accessory structure. Data centers that are ancillary to another primary use are permitted as an accessory use if they: (i) occupy no more than ten percent (10%) of the building footprint; (ii) are used to serve the enterprise functions of the on-site property owner or tenant and are not used to lease data storage and processing services to third parties; and (iii) are not housed in a separate, stand-alone structure on the parcel.
Application Requirements. Before a data center is constructed, the property owner or interested party proposing to build or operate a data center must submit documentation to the City showing it has done the following:
The data center operator, property owner, or interested party, must notify, via certified U.S. mail, return receipt requested, the owners of all properties within one thousand (1,000) feet of the property line of the parcel(s) upon which the data center will be operated, including any affiliated homeowners' association operating within the one thousand (1,000) foot radius, that the property owner intends to build and operate a data center on the parcel(s), and informing the owners of the informational meeting described in Subsection (c)(2) of this Subsection.
The data center operator must schedule and attend one (1) informational neighborhood meeting with the residents within one thousand (1,000) feet of the parcel(s) to describe the project and the proposed sound-mitigation aspects of the project design. The data center operator must post a four (4) foot by eight (8) foot minimum sign on the property fifteen (15) days prior to the meeting. Notice of the meeting must be mailed to all property owners within one thousand (1,000) feet of the parcel at least fifteen (15) days before the meeting. An additional sign shall be posted on the property for any proposed data center development that would utilize more than one hundred (100) acres of real property. A representative of the developer or owner, with decision-making authority on the design of the data center, must attend. This meeting shall be informational only, and shall not constitute a zoning hearing, nor confer zoning-related rights or obligations.
Pre-Build Compliance Study. Prior to issuance of a building permit, the applicant shall submit a sound study prepared by a qualified third-party acoustic engineer. The study must confirm, based on the approved site plan and proposed mechanical/electrical systems, that the facility can be designed and constructed to meet the adopted noise thresholds.
Sound Standards. The data center shall be designed, constructed, and operated so that sound levels measured at the property line of the nearest parcel do not exceed sixty (60) dBA at or adjoining any property zoned or used for residential or other sensitive purposes; or sixty-five (65) dBA at or adjoining any property zoned or used for commercial or industrial purposes. All measurements shall be performed by a qualified third-party acoustic engineer using ANSI/ASA industry standards.
Post-Build Confirmation Study. Upon commencement of operations, the applicant shall conduct a sound study at peak equipment operation to confirm compliance with the adopted noise thresholds. The results shall be submitted to the City within thirty (30) days of commencement.
Ongoing Monitoring. The operator shall conduct ongoing monitoring as follows: quarterly sound studies for the first two (2) years of operation; annually thereafter, provided no substantiated complaints are recorded in the prior monitoring period. If a substantiated complaint occurs that is not otherwise mitigated by the operator, the City may require additional monitoring at the operator's expense.
Corrective Plan. If a sound study or City investigation documents an instance exceeding the adopted noise thresholds, the operator shall promptly prepare and submit a noise mitigation and correction plan to the City. The plan must outline specific measures and a timeline to achieve compliance, subject to the Director of Building and Planning's approval. If, after approval of a corrective plan, there is another instance of exceeding the adopted noise thresholds, the operator shall have thirty (30) days to submit a revised corrective plan which must meet the Director of Building and Planning's approval. If the operator fails to do so, or if, after approval of a revised corrective plan, there is another instance exceeding the adopted noise thresholds, a hearing shall be scheduled before the City Council for the operator to show cause why the City should not revoke its authorization to operate within the City. At such hearing, the operator may present a second revised corrective plan, and demonstrate how it will comply with adopted noise thresholds, or present other testimony or evidence showing that its authorization to operate should not be revoked. The operator may be represented by counsel. The Director of Planning may present evidence as to why the operator's authorization should be revoked. Any member of the public shall be permitted to speak before the Council, and may be questioned by the City and/or the operator.
Build-Out Expansion. If the data center expands beyond the original approved footprint, or installs additional equipment that may materially alter sound emissions, the operator shall submit an updated sound analysis demonstrating continued compliance with the adopted noise thresholds before permit approval for the expansion.
Back-Up Generators. If a data center operator intends to use backup power generators on the property, the operator must coordinate the schedule for any routine testing or operation of the generators with the City. Such testing may only occur between the hours of 9:00 A.M. and 5:00 P.M., Monday through Friday, excluding holidays. The City may request documentation of generator test schedules upon reasonable notice. In the event of a power outage or other emergency requiring generator use, the operator may activate the generators as needed without prior coordination. Notwithstanding anything to the contrary herein, the operation of emergency power systems during an emergency condition shall be exempt from the sound standards otherwise applicable under this Section 405.185, and this exemption shall only apply for the duration of the emergency and shall cease once normal utility power is restored.
Lighting. A photometric diagram showing predicted maintained lighting levels produced by the proposed lighting fixtures shall be required. The maximum maintained vertical footcandle at an adjoining residential property line shall be 0.5 footcandles, measured at three (3) feet above the grade. All fixtures shall be designed and installed to minimize glare, light trespass, and spillover onto adjoining residential properties.
Parking And Loading. All parking areas, drive aisles, service areas, storage, and loading docks shall be constructed of a hard surface (i.e., asphalt/concrete), conforming to all Festus Municipal Code requirements; provided, however, that this requirement shall not apply to any portion of parcel(s) for which gravel or an partially pervious surface is required pursuant to the National Electrical Code 2020, as amended, for grounding purposes.