Festus City Zoning Code
ARTICLE II
District Regulations
Section 405.290 District "N-1" Non-Urban District.
[R.O. 2009 §31-28; Ord. No. 2928 §31-28, 12-22-1999; Ord. No. 3751 §I(Art. II), 10-24-2007]
A.
No building, structure or land shall be erected, altered or used in an "N-1" district which is arranged or designed for other than one (1) of the following uses, except as provided herein and in Section 405.160:
1.
Single-family dwelling;
2.
Agriculture but not including animal and poultry husbandry and dairying; providing that any greenhouse, heating plant or building used for packing, treating or storing produce shall be not less than one hundred (100) feet distance from any lot line;
3.
Public recreation facility.
B.
The following uses shall also be permitted by conditional use permit (Section 405.570):
1.
Advertising signs subject to the provisions of Section 405.540, but not within two hundred (200) feet of any lot used for residential purposes;
2.
Church or temple;
3.
Cemetery;
4.
Extraction of minerals, oil or gas including quarrying and sand and gravel pits;
5.
Governmental structure or building necessary for the furnishing of adequate service to the area;
6.
Private non-commercial recreation development;
7.
Public stable, riding stable;
8.
Public utility facility necessary for the furnishing of adequate service to the area;
C.
Accessory uses, buildings and structures customarily incidental to any aforesaid use shall be permitted in conjunction with such use including, but not limited to:
1.
The keeping of domestic animals exclusively for the use and personal enjoyment of the occupants of the principal building, but not including a kennel or private stable;
2.
Home occupation, provided not over one-half (½) the area of one (1) floor is devoted to such use;
3.
Private garage, private parking area;
4.
Private swimming pool;
5.
Temporary building for uses incidental to construction.
Section 405.300 District "E-1" Single-Family Dwelling District.
[R.O. 2009 §31-29; Ord. No. 2928 §31-29, 12-22-1999; Ord. No. 3751 §I(Art. II), 10-24-2007]
A.
No building, structure or land shall be erected, altered or used in an "E-1" district which is arranged or designed for other than one (1) of the following uses, except as provided herein and in Section 405.160:
1.
Single-family dwelling;
2.
Group home. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
B.
The following uses shall also be permitted by conditional use permit (Section 405.570):
1.
Church or temple;
2.
Educational institution;
3.
Governmental structure or building necessary for the adequate service to the area;
4.
Public recreation facility;
5.
Private non-commercial recreation development;
6.
Public utility facility necessary for the furnishing of adequate service to the area but not including a garage, general office, outdoor storage yard or warehouse;
7.
Reserved;
8.
Day care homes.
C.
Accessory uses, buildings and structures customarily incidental to any aforesaid use shall be permitted in conjunction with such use including, but not limited to:
1.
The keeping of domestic animals exclusively for the use and personal enjoyment of the occupants of the principal building, but not including a kennel or a private stable;
2.
Gardening and the raising of vegetables or fruits exclusively for the use and personal enjoyment of the occupants of the principal building and not for commercial purposes;
3.
Home occupation, provided not over one-fourth (¼) the area of one (1) floor is devoted to such use;
4.
Private garage, private parking area;
5.
Private swimming pool;
6.
Real estate sign, nameplate and institutional bulletin board subject to the provisions of Section 405.540;
7.
Temporary building for uses incidental to construction.
E.
The following minimum dimensional requirements shall apply except as provided in Section 405.690:
Lot area (acres) | Lot width (feet) | Front yard depth (feet) | Side yard width each (feet) | Rear yard depth (feet) | ||
|---|---|---|---|---|---|---|
All uses | 1 | 150 | 50 | 15 | 30 |
F.
All streets shall be constructed to a minimum of twenty-four (24) feet in width and meet all construction standards.
Section 405.310 District "E-2" Clustered Home Single-Family Dwelling District.
[R.O. 2009 §31-30; Ord. No. 2928 §31-30, 12-22-1999]
A.
No building, structure or land shall be erected, altered or used in an "E-2" district which is arranged or designed for other than one (1) of the following uses, except as provided herein and in Section 405.160:
1.
Single-family dwelling;
2.
Attached single-family dwellings (three (3) units, maximum);
3.
Group home. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
B.
The following uses shall also be permitted by conditional use permit (Section 405.570):
1.
Governmental structure or building necessary for the adequate service to the area;
2.
Public recreation facility;
3.
Private non-commercial recreation development;
4.
Public utility facility necessary for the furnishing of adequate service to the area but not including a garage, general office, outdoor storage yard or warehouse;
5.
Day care homes.
C.
Accessory uses, buildings and structures customarily incidental to any aforesaid use shall be permitted in conjunction with such use including, but not limited to:
1.
The keeping of domestic animals exclusively for the use and personal enjoyment of the occupants of the principal building, but not including a kennel or a private stable;
2.
Gardening and the raising of vegetables or fruits exclusively for the use and personal enjoyment of the occupants of the principal building and not for commercial purposes;
3.
Home occupation, provided not over one-fourth (¼) the area of one (1) floor is devoted to such use;
4.
Private garage, private parking area;
5.
Private swimming pool;
6.
Real estate sign, nameplate and institutional bulletin board subject to the provisions of Section 405.540;
7.
Temporary building for uses incidental to construction.
E.
The following minimum dimensional requirements shall apply except as provided in Section 405.690:
Lot area (acres) | Lot width (feet) | Front yard depth (feet) | Side yard width each (feet) | Rear yard depth (feet) | ||
|---|---|---|---|---|---|---|
Single-family dwelling attached | 5,000 | 50 | 25 | 7* | 30 | |
Single-family dwelling | 5,000 | 50 | 25 | 7 | 30 | |
* On unattached side of structure | ||||||
Section 405.320 District "R-1" Single-Family Dwelling District.
[R.O. 2009 §31-31; Ord. No. 2928 §31-31, 12-22-1999; Ord. No. 3751 §I(Art. II), 10-24-2007]
A.
No building, structure or land shall be erected, altered or used in an "R-1" district which is arranged or designed for other than one (1) of the following uses, except as provided herein and in Section 405.160:
1.
Single-family dwelling;
2.
Group home. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
B.
The following uses shall also be permitted by conditional use permit (Section 405.570):
1.
Church or temple;
2.
Educational institution;
3.
Governmental structure or building necessary for the adequate service to the area;
4.
Public recreation facility;
5.
Private non-commercial recreation development;
6.
Public utility facility necessary for the furnishing of adequate service to the area but not including a garage, general office, outdoor storage yard or warehouse;
7.
Reserved;
8.
Day care homes.
C.
Accessory uses, buildings and structures customarily incidental to any aforesaid use shall be permitted in conjunction with such use including, but not limited to:
1.
The keeping of domestic animals exclusively for the use and personal enjoyment of the occupants of the principal building, but not including a kennel or a private stable;
2.
Gardening and the raising of vegetables or fruits exclusively for the use and personal enjoyment of the occupants of the principal building and not for commercial purposes;
3.
Home occupation, provided not over one-fourth (¼) the area of one (1) floor is devoted to such use;
4.
Private garage, private parking area;
5.
Private swimming pool;
6.
Real estate sign, nameplate and institutional bulletin board subject to the provisions of Section 405.540;
7.
Storage sheds;
8.
Temporary building for uses incidental to construction.
Section 405.330 District "R-2" Single-Family Dwelling District.
[R.O. 2009 §31-32; Ord. No. 2928 §31-32, 12-22-1999; Ord. No. 3751 §I(Art. II), 10-24-2007]
A.
No building, structure or land shall be erected, altered or used in an "R-2" district which is arranged or designed for other than one (1) of the following uses, except as provided herein and in Section 405.160:
1.
Single-family dwelling;
2.
Group home. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
B.
The following uses shall also be permitted by conditional use permit (Section 405.570):
1.
Governmental structure or building necessary for the furnishing of adequate service to the area;
2.
Church or temple;
3.
Educational institution;
4.
Public recreation facility;
5.
Private non-commercial recreation development;
6.
Public utility facility necessary for the furnishing of adequate service to the area but not including a garage, general office, outdoor storage yard or warehouse;
7.
Reserved;
8.
Day care home;
9.
Funeral home or mortuary.
C.
Accessory uses, buildings and structures customarily incidental to any aforesaid use shall be permitted in conjunction with such use including, but not limited to:
1.
The keeping of domestic animals exclusively for the use and personal enjoyment of the occupants of the principal building, but not including a kennel or a private stable;
2.
Gardening and the raising of vegetables or fruits exclusively for the use and personal enjoyment of the occupants of the principal building and not for commercial purposes;
3.
Home occupation, provided not over one-fourth (¼) the area of one (1) floor is devoted to such use;
4.
Private garage, private parking area;
5.
Private swimming pool;
6.
Real estate sign, nameplate and institutional bulletin board subject to the provisions of Section 405.540;
7.
Storage sheds;
8.
Temporary building for uses incidental to construction.
Section 405.340 District "R-3" Single-Family and Two-Family Dwelling District.
[R.O. 2009 §31-33; Ord. No. 2928 §31-33, 12-22-1999; Ord. No. 3751 §I(Art. II), 10-24-2007]
A.
No building, structure or land shall be erected, altered or used in an "R-3" district which is arranged or designed for other than one (1) of the following uses, except as provided herein and in Section 405.160:
1.
Single-family dwelling;
2.
Two-family dwelling;
3.
Group home. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
B.
The following uses shall also be permitted by conditional use permit (Section 405.570):
1.
Church or temple;
2.
Educational institution;
3.
Public recreation facility;
4.
Governmental structure or building necessary to furnish adequate service to the area;
5.
Private non-commercial recreation development;
6.
Public utility facility necessary for the furnishing of adequate service to the area but not including a garage, general office, outdoor storage yard or warehouse;
7.
Reserved;
8.
Day care home;
9.
Funeral home or mortuary.
C.
Accessory uses, buildings and structures customarily incidental to any aforesaid use shall be permitted in conjunction with such use including, but not limited to:
1.
The keeping of domestic animals exclusively for the use and personal enjoyment of the occupants of the principal building, but not including a kennel or a private stable;
2.
Gardening and the raising of vegetables or fruits exclusively for the use and personal enjoyment of the occupants of the principal building and not for commercial purposes;
3.
Home occupation, provided not over one-fourth (¼) the area of one (1) floor is devoted to such use;
4.
Private garage, private parking area;
5.
Private swimming pool;
6.
Real estate sign, nameplate and institutional bulletin board subject to the provisions of Section 405.540;
7.
Storage sheds;
8.
Temporary building for uses incidental to construction.
Section 405.350 District "R-4" Multiple Dwelling District.
[R.O. 2009 §31-34; Ord. No. 2928 §31-34, 12-22-1999; Ord. No. 3131 §II(31-34), 12-12-2001; Ord. No. 3751 §I(Art. II), 10-24-2007; Ord. No. 3923 §I, 5-12-2010]
A.
No building, structure or land shall be erected, altered or used in an "R-4" district which is arranged or designed for other than one (1) of the following uses, except as provided herein and in Section 405.160:
1.
Single-family dwelling;
2.
Two-family dwelling;
3.
Multiple dwelling, single building;
4.
Group home. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
B.
The following uses shall also be permitted by conditional use permit (Section 405.570):
1.
Condominium development, more than one (1) building;
2.
Funeral home or mortuary;
3.
Hospital or nursing home;
4.
Church or temple;
5.
Educational institution;
6.
Public recreation facility, public library or other public cultural facility;
7.
Governmental structure or building;
9.
Private club or lodge;
10.
Private non-commercial recreation facility;
11.
Public utility facility necessary for the furnishing of adequate service to the area, but not including a garage, outdoor storage yard or warehouse;
12.
Day care home.
C.
Accessory uses, buildings and structures customarily incidental to any aforesaid use shall be permitted in conjunction with such use including, but not limited to:
1.
The keeping of domestic animals exclusively for the use and personal enjoyment of the occupants of the principal building, but not including a kennel or a private stable;
2.
Gardening and the raising of vegetables or fruits exclusively for the use and personal enjoyment of the occupants of the principal building and not for commercial purposes;
3.
Home occupation, provided not over one-half (½) the area of one (1) floor is devoted to such use;
4.
Private garage, private parking area;
5.
Private swimming pool;
6.
Real estate sign, nameplate and institutional bulletin board and business sign not over twenty-five (25) square feet in area and attached flat against the building, subject to the provisions of Section 405.540;
7.
Storage sheds;
8.
Temporary building for uses incidental to construction.
Section 405.360 District "B-1" Local Business District.
[R.O. 2009 §31-35; Ord. No. 2928 §31-35, 12-22-1999; Ord. No. 3290 §I(31-35), 7-23-2003; Ord. No. 3751 §I(Art. II), 10-24-2007; Ord. No. 4050 §I, 6-13-2012]
A.
No building, structure or land shall be erected, altered or used in a "B-1" district which is arranged or designed for other than one (1) of the following uses, except as provided herein and in Section 405.160.
[Ord. No. 4381, 4-26-2017]
1.
Appliance repair shop;
2.
Bakery or pastry shop;
3.
Bank, including drive-in-bank; savings and loan association;
4.
Barber shop; beauty shop, reducing salon;
5.
Bicycle repair shop;
6.
Boarding house or lodging house; motel, hotel.
7.
Business or professional office;
8.
Car wash;
9.
Dancing studio;
10.
Day care center;
11.
Drugstore;
12.
Dry cleaning establishment using not more than two (2) clothes cleaning units, neither of which shall have a rated capacity of more than sixty (60) pounds; and which shall utilize cleaning fluid which is non-explosive and non-flammable; laundry pickup store; self-service laundry; self-service dry cleaner;
13.
Funeral home or mortuary;
14.
Flower shop;
15.
Grocery; meat market; fruit and vegetable store; supermarket; delicatessen;
16.
Hardware store, paint store;
17.
Hospital or nursing home;
18.
Medical office building;
19.
News dealer;
20.
Photographic studio;
21.
Postal station; (telegraph office; bus depot);
22.
Private non-commercial recreation facility;
23.
Public parking area;
24.
Residential or outpatient facilities for the treatment of alcohol and other drug abuse;
25.
Shoe repair shop;
26.
Soda fountains and ice cream parlors;
27.
Studios — artist, photographic, music;
28.
Tailor and pressing shop;
29.
Tanning salon.
30.
Video rental store.
B.
The following uses shall also be permitted by conditional use permit (Section 405.570):
1.
Church or Temple;
2.
Governmental structure or building;
3.
Motor vehicle service station; motor vehicle sales and service and public garage, including body and fender work or painting;
4.
Private club or lodge;
5.
Restaurant or tavern but not including entertainment or dancing and not including drive-in establishments; soda fountain or ice cream parlor; liquor sales subject to applicable regulations and such permits as may be required by law;
6.
Public utility facility necessary for the furnishing of adequate service to the area, but not including a garage, outdoor storage yard or warehouse.
C.
Accessory uses, buildings and structures customarily incidental to any aforesaid use shall be permitted in conjunction with such use including, but not limited to:
D.
All businesses, services or processing shall be conducted wholly within a completely enclosed building, outdoor dining or beer garden area, except for off-street parking and such outdoor display, servicing or storage of vehicles, materials and equipment as may be authorized by the Board. All products produced on the lot, whether primary or incidental, shall be sold at retail primarily on the lot where produced. Processes and equipment employed and goods produced or sold shall be limited to those which are not objectionable by any reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water-carried waste.
F.
The following minimum dimensional requirements shall apply except as provided in Section 405.690:
Lot area (square feet) | Lot area per family (square feet) | Lot width (feet) | Front yard depth (feet) | Side yard width each (feet) | Rear yard depth (feet) | |
|---|---|---|---|---|---|---|
All other uses | None | None | 20 | None* | 15 | |
* Except when adjoining any "R" or "E" district, then not less than ten (10) feet; in other cases, if a side yard setback is provided, it shall not be less than five (5) feet. | ||||||
Section 405.370 District "B-2" Community Retail District.
[R.O. 2009 §31-36; Ord. No. 2928 §31-36, 12-22-1999; Ord. No. 3271 §2(31-36), 5-14-2003; Ord. No. 3291 §I(31-36), 7-23-2003; Ord. No. 3751 §I(Art. II), 10-24-2007; Ord. No. 3819 §I(31-36), 8-27-2008; Ord. No. 4050 §I, 6-13-2012; Ord. No. 4712, 1-23-2023; Ord. No. 4817, 5-27-2025]
A.
No building, structure, local business or land shall be erected, altered or used in a "B-2" District which is arranged or designed for other than one (1) of the following uses, except as provided herein and in Section 405.160:
1.
Apparel shop, shoe store, millinery shop, dress making establishments or tailor;
2.
Appliance sales, rental and/or service establishment; music store;
3.
Bakery or pastry shop (retail only);
4.
Convenience mart and gas station;
5.
Department store, variety store, mail order office, furniture store (sales and rental), toy store, dry goods store;
6.
Drugstore;
7.
Flower shop;
8.
Gift shop, artists supply store or art shop, antique shop, stationery or office supply and equipment store;
9.
Grocery, meat market, fruit and vegetable store, supermarket, delicatessen;
10.
Hardware store, equipment and tool rental store, paint store, sporting goods store;
11.
Jewelry store;
12.
Lumberyard, provided however, that all outdoor storage shall be completely surrounded by a tight screen at least eight (8) feet in height, constructed of a suitable material as approved by the Building Official;
13.
News dealer;
14.
Public recreation facility, public library or other public cultural facility;
15.
Restaurant;
16.
Video store rental;
17.
Hotel, motel;
18.
Indoor theatre, billiard room or pool hall, bowling lanes, but not within one hundred (100) feet of and "E" or "R" district;
19.
Tavern, nightclub or cocktail lounge, liquor sales subject to applicable regulations and such permits as may be required by law;
20.
Bakery or pastry shop;
21.
Bank, including drive-in-bank, savings and loan association;
22.
Barbershop, beauty shop, reducing salon;
23.
Business or professional office;
24.
Drugstore;
25.
Dry cleaning establishment using not more than two (2) clothes-cleaning units, neither of which shall have a rated capacity of more than sixty (60) pounds; and which shall utilize cleaning fluid which is non-explosive and nonflammable; laundry pickup store; self service laundry; self-service dry cleaner; tailor and pressing shop;
26.
Medical office building;
27.
Photographic studio;
28.
Shoe repair shop;
29.
Soda fountains and ice cream parlors;
30.
Tanning salon;
31.
Veterinary clinic, veterinarian, or veterinary office.
B.
The following uses shall also be permitted by conditional use permit (Section 405.570):
1.
Car wash;
2.
Public utility facility necessary for the furnishing of adequate service to the area, but not including a garage, outdoor storage yard or warehouse, including mental health care;
3.
Residential or outpatient facilities for the treatment of alcohol and other drug abuse;
4.
Radio, television or telephonic communication transmitting tower or similar structure subject to the provisions of Section 405.680.
5.
Appliance repair shop;
6.
Bicycle repair shop;
7.
Boarding house or lodging house, bed and breakfast;
8.
Dance studio;
9.
Day care center (State licensed);
10.
Funeral home or mortuary;
11.
Postal station (telegraph office, bus depot);
12.
Private non-commercial recreation facility;
13.
Studios — artist, photographic, music;
14.
An adult oriented business provided it shall not be located within eight hundred (800) feet of the property line of any church, school, library, park or day care center or other location prohibited under Chapter 620 in Section 620.070(C), nor within eight hundred (800) feet of any property zoned "E-1" Single-Family Dwelling District Residence District or "E-2" Clustered Home Single-Family Dwelling District or "R-1" Single-Family Dwelling District or "R-2" Single-Family Dwelling District or "R-3" Single-Family and Two-Family Dwelling District or "R-4" Multiple Dwelling District or "B-1" Local Business District or "B-2" Community Retail District or "N-1" Non-Urban District, nor within eight hundred (800) feet of two (2) other such uses.
15.
Medical marijuana dispensary facilities, comprehensive marijuana dispensary facilities, and marijuana microbusiness dispensary facilities which are licensed by the Missouri Department of Health and Senior Services; provided that a dispensary shall not be located within one hundred (100) feet of any elementary or secondary school, State licensed child daycare center, church, or any residence. Medical marijuana dispensary facilities, comprehensive marijuana dispensary facilities, and marijuana microbusiness dispensary facilities granted a conditional use permit under this Section shall not be open to the public except during the hours of 8:00 A.M. though 8:00 P.M. Measurements under this Subsection shall be in accordance with Article XIV, Section 2.5(4) of the Missouri Constitution.
C.
Accessory uses, buildings and structures customarily incidental to any aforesaid use shall be permitted in conjunction with such use including, but not limited to:
D.
All businesses, services or processing shall be conducted wholly within a completely enclosed building, outdoor dining or beer garden area, except for off-street parking and such outdoor display, servicing or storage of vehicles, materials and equipment as may be authorized by the Board. All products produced on the lot, whether primary to incidental, shall be sold at retail primarily on the lot where produced. Except in the case of antique shops and art shops, goods for sale shall consist primarily of new merchandise. Processes and equipment employed and goods produced or sold shall be limited to those which are not objectionable by any reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water-carried waste.
F.
The following minimum dimensional requirements shall apply except as provided in Section 405.690.
Lot area (square feet) | Lot area per family (square feet) | Lot width (feet) | Front yard depth (feet) | Side yard width each (feet) | Rear yard depth (feet) | |
|---|---|---|---|---|---|---|
All other uses | None | None | None | None* | None** | |
* Except when adjoining any "E" or "R" district, then not less than ten (10) feet, in other cases, if a side yard setback is provided, it shall not be less than five (5) feet. | ||||||
** Except when adjoining any "E" or "R" district, then not less than fifteen (15) feet, in other cases, if a rear yard setback is provided, it shall not be less than ten (10) feet. | ||||||
Section 405.375 District "B-3" Downtown Business District.
[Ord. No. 3318 §I, 9-10-2003; Ord. No. 3751 §I, 10-24-2007; Ord. No. 4050 §I, 6-13-2012; Ord. No. 4321 § I, 9-14-2016; Ord. No. 4640, 7-12-2021; Ord. No. 4817, 5-27-2025]
A.
No building, structure or land shall be erected, altered, or used in a "B-3" District which is arranged or designed for other than one (1) of the following uses, except as provided herein and in Section 405.160.
1.
Antiques;
2.
Apparel shop, shoe store, millinery shop, dress making establishments or tailor;
3.
Art, music, photographic studio;
4.
Bakery or pastry shop;
5.
Bank, including drive-in-bank; savings and loan association;
6.
Barber shop; beauty shop, fitness salon;
7.
Bookstore;
8.
Business or professional office;
9.
Confectionery;
10.
Dance studio;
11.
Department store, variety store, mail order office, furniture store (sales), toy store, dry goods store;
12.
Drugstore;
13.
Electronic sales or repair shop;
14.
Flower shop;
15.
Hardware store, paint store;
16.
Indoor theatre, billiard room or pool hall, bowling lanes, but not within one hundred (100) feet of and "E" or "R" District;
17.
Interior design, interior decorating;
18.
Jewelry store;
19.
Museum;
20.
Musical instruments, music store and music studio;
21.
Outdoor farmer's markets, outdoor bazaars, food truck caravans, and similar uses approved;
22.
Printing shop;
23.
Public recreation facility, public library, or other public cultural facility;
24.
Public parking area;
25.
Restaurant;
26.
Shoe repair shop;
27.
Soda fountains and ice cream parlors;
28.
Sporting goods store;
29.
Studios — artist, photographic, music;
30.
Tailor or dressmakers' shop;
31.
Tanning salon;
32.
Tourist information center;
33.
Veterinary clinic, veterinarian, or veterinary office;
34.
Video rental store.
B.
The following uses shall also be permitted by conditional use permit (Section 405.570):
1.
Bicycle repair shop;
2.
Bed and breakfast or lodging house;
3.
Brewpubs;
4.
Church or Temple;
5.
Cigar bar;
6.
Day care center (State licensed);
7.
Dry cleaning establishment using not more than two (2) clothes cleaning units, neither of which shall have a rated capacity of more than sixty (60) pounds; and which shall utilize cleaning fluid which is non-explosive and non-flammable; laundry pickup store; self-service laundry; self-service dry cleaner;
8.
Funeral home or mortuary;
9.
Governmental structure or building;
10.
Grocery; meat market; fruit and vegetable store; supermarket; delicatessen;
11.
Ornamental iron shop;
12.
Outpatient facilities for the treatment of alcohol and other drug abuse;
13.
Pest control service;
14.
Pet grooming;
15.
Postal station (telegraph office, bus depot);
16.
Private club or lodge;
17.
Private non-commercial recreation facility;
18.
Public utility facility necessary for the furnishing of adequate service to the area, but not including a garage, outdoor storage yard or warehouse, including mental health care;
19.
Radio, television, or telephonic communication transmitting tower or similar structure subject to the provisions of Section 405.680;
20.
Tavern, nightclub or cocktail lounge, sales of liquor by the drink, subject to applicable regulations and such permits as may be required by law, provided that package liquor sales shall not be permitted in the "B-3" District, with or without a conditional use permit;
21.
An adult oriented business provided it shall not be located within eight hundred (800) feet of the property line of any church, school, library, park or day care center or other location prohibited under Chapter 620 in Section 620.070(C), nor within eight hundred (800) feet of any property zoned "E-1" Single-Family Dwelling District Residence District or "E-2" Clustered Home Single-Family Dwelling District or "R-1" Single-Family Dwelling District or "R-2" Single-Family Dwelling District or "R-3" Single-Family and Two-Family Dwelling District or "R-4" Multiple Dwelling District or "B-1" Local Business District or "B-2" Community Retail District or ''N-1" Non-Urban District, nor within eight hundred (800) feet of two (2) other such uses.
C.
Accessory uses, buildings, and structures customarily incidental to any aforesaid use shall be permitted in conjunction with such use, including, but not limited to:
D.
All businesses, services or processing shall be conducted wholly within a completely enclosed building, outdoor dining, or beer garden area, except for off-street parking and such outdoor display, servicing or storage of vehicles, materials and equipment as may be authorized by the Planning and Zoning Commission. All products produced on the lot, whether primary or incidental, shall be sold at retail primarily on the lot where produced. Processes and equipment employed, and goods produced or sold shall be limited to those which are not objectionable by any reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water-carried waste.
F.
The following minimum dimensional requirements shall apply except as provided in Section 405.690.
Lot area (square feet) | Lot area per family (square feet) | Lot width (feet) | Front yard depth (feet) | Rear yard depth (feet) | |
|---|---|---|---|---|---|
Uses other than Residential (405.520) | None | None | None* | None** | |
* Except when adjoining any "E" or "R" District, then not less than ten (10) feet, in other cases, if a side yard setback is provided, it shall not be less than five (5) feet. | |||||
** Except when adjoining any "E" or "R" District, then not less than fifteen (15) feet, in other cases, if a rear yard setback is provided, it shall not be less than ten (10) feet. | |||||
Section 405.380 District "B-4" Highway Business District.
[R.O. 2009 §31-38; Ord. No. 2928 §31-38, 12-22-1999; Ord. No. 3131 §II(31-38), 12-12-2001; Ord. No. 3271 §3(31-38), 5-14-2003; Ord. No. 3751 §I(Art. II), 10-24-2007; Ord. No. 4050 §I, 6-13-2012; Ord. No. 4641, 7-12-2021; Ord. No. 4712, 1-23-2023]
A.
No building, structure or land shall be erected, altered or used in a "B-4" District which is arranged or designed for other than one (1) of the following uses, except as provided herein and in Section 405.160:
2.
Animal hospital or kennel, provided that any enclosure or building in which animals are kept shall be at least one hundred (100) feet from any "R" or "E" District and at least fifty (50) feet from any "B-1" or "B-2" District and, further, provided, that exercise runs shall be enclosed on all exterior sides by an unpierced well-maintained fence or wall at least six (6) feet in height;
3.
Commercial greenhouse but not within one hundred (100) feet of any "R" or "E" District;
4.
Commercial recreation facility but not within three hundred (300) feet of any "R" or "E" District;
5.
Motel, hotel, tourist home;
6.
Motor vehicle service station; motor vehicle, farm implement and mobile home sales and service and public garage;
7.
Private club or lodge;
8.
Restaurant or tavern, including outdoor dining or beer garden area, drive-in establishments, nightclub or cocktail lounge, liquor sales subject to applicable regulations and such permits as required by law;
9.
Car wash.
B.
The following uses shall also be permitted by conditional use permit (Section 405.570):
1.
Any retail business, service establishment or office not a principal use, provided that the goods supplied or services offered are intended primarily for the highway traveler rather than the residents of the community, but not including any use prohibited herein or designed as a principal use in the "I-1," provided that medical marijuana dispensary facilities, medical marijuana cultivation facilities, medical marijuana-infused product manufacturing facilities, medical marijuana transportation facilities, marijuana testing facilities, comprehensive marijuana dispensary facilities, comprehensive marijuana cultivation facilities, comprehensive marijuana-infused products manufacturing facilities, marijuana microbusiness dispensary facilities, and marijuana microbusiness wholesale facilities shall not be a permitted or conditional use in this District;
2.
Hospital and/or nursing home;
3.
Medical office building;
4.
Governmental structure or building;
5.
Public utility building necessary for the furnishing of adequate service to the area, but not including an outdoor storage yard or warehouse;
6.
Radio, television or telephonic communication transmitting tower subject to the provisions of Section 405.680;
7.
Day care center;
8.
Rental storage facility for inside storage only;
9.
An "adult oriented business" provided it shall not be located within eight hundred (800) feet of the property line of any church, school, library, park or day care center or other location prohibited under Chapter 620 in Section 620.070(C)(1), nor within eight hundred (800) feet of any property zoned "E-1" Single-Family Dwelling District Residence District or "E-2" Clustered Home Single-Family Dwelling District or "R-1" Single-Family Dwelling District or "R-2" Single-Family Dwelling District or "R-3" Single-Family and Two-Family Dwelling District or "R-4" Multiple Dwelling District or "B-1" Local Business District or "B-2" Community Retail District or "N-1" Non-Urban District, nor within eight hundred (800) feet of two (2) other such uses.
C.
Accessory uses, buildings and structures customarily incidental to any aforesaid use shall be permitted in conjunction with such use, including, but not limited to:
D.
Except for a tourist home or where incidental and accessory to a principal or conditional use, dwellings and residences of any kind are prohibited; provided, however, that any such use legally existing in a district "B-4" at the time of the adoption of this provision or any subsequent amendment of this Chapter shall not be classified as a non-conforming use.
E.
No use shall be permitted or authorized to be established or maintained which is or may become hazardous, noxious or objectionable by reason of odor, dust, smoke, cinders, gas fumes, noise, vibration, refuse matter or water-carried waste.
G.
The following minimum dimensional requirements shall apply except as provided in Section 405.690:
Lot area (acres) | Lot width (feet) | Front yard depth (feet) | Side yard width each (feet) | Rear yard depth (feet) | |
|---|---|---|---|---|---|
All other uses | 20,000 | 100 | 10-foot structure | None* | Same as other "B" zones |
* Except when adjoining any "E" or "R" District, then not less than twenty (20) feet. | |||||
Section 405.390 District "I-1" Industrial District.
[R.O. 2009 §31-39; Ord. No. 2928 §31-39, 12-22-1999; Ord. No. 3271 §4(31-39), 5-14-2003; Ord. No. 3751 §I(Art. II), 10-24-2007; Ord. No. 4712, 1-23-2023]
A.
No building, structure or land shall be erected, altered or used in an "I-1" district which is arranged or designed for other than one (1) of the following uses, except as provided herein and in Section 405.160:
1.
Any industrial use conducted entirely within an enclosed building of any size or which requires both buildings and open area for the manufacturing, fabricating, processing, heavy repair, servicing or storing of motor vehicles, equipment, raw materials or manufactured products, provided that all such uses shall comply with the standards in Section 405.560;
3.
Commercial laundry, commercial dry cleaning establishment;
4.
Experimental film or testing laboratory;
5.
Printing and publishing;
6.
Public utility building, including outdoor storage yard;
7.
Warehouse for the storage of merchandise and materials, trucking or motor freight terminal, carting, expressing or hauling establishment;
8.
Wholesale business, mail-order house;
9.
Rental storage facility for inside storage only.
B.
The following uses shall also be permitted by conditional use permit (Section 405.570):
1.
Any retail business, service establishment or office not a principal use, provided that the goods supplied or the services offered are intended primarily for the activities or employees of one (1) or more principal uses rather than for the residents of the community;
2.
Contractor's storage yard, building material yard, outside storage for cars, trucks, boats, trailers and recreational vehicles;
3.
Governmental structure or building;
4.
Heliport;
6.
Lumberyard, including mill work;
7.
Radio, television or telephonic communication transmitting towers subject to the provisions of Section 405.680.
8.
An "adult oriented business" provided it shall not be located within eight hundred (800) feet of the property line of any church, school, library, park or day care center or other location prohibited under Chapter 620 in Section 620.070(C)(1), nor within eight hundred (800) feet of any property zoned "E-1" Single-Family Dwelling District Residence District or "E-2" Clustered Home Single-Family Dwelling District or "R-1" Single-Family Dwelling District or "R-2" Single-Family Dwelling District or "R-3" Single-Family and Two-Family Dwelling District or "R-4" Multiple Dwelling District or "B-1" Local Business District or "B-2" Community Retail District or "N-1" Non-Urban District, nor within eight hundred (800) feet of two (2) other such uses.
9.
Medical marijuana cultivation facilities, medical marijuana-infused product manufacturing facilities, medical marijuana transportation facilities, marijuana testing facilities, comprehensive marijuana cultivation facilities, comprehensive marijuana-infused product manufacturing facilities, and microbusiness wholesale facilities which are licensed by the Missouri Department of Health and Senior Services, provided that they shall not be located within one hundred (100) feet of any elementary or secondary school, State licensed child daycare center, church or any residence. Measurements under this Subsection shall be in accordance with Article XIV, Section 2.5(4) of the Missouri Constitution.
C.
Accessory uses, buildings and structures customarily incidental to any aforesaid use shall be permitted in conjunction with such use including, but not limited to:
D.
Dwellings and residences of any kind and, except where incidental and accessory to a principal use, churches, schools, hospitals, clinics, nursing homes and other institutions for human care are prohibited; provided however, that any such use legally existing in district "I-1" (formerly "M-1") at the time of the adoption of this provision or any subsequent amendment of this Chapter shall not be classified as a non-conforming use.
E.
A tight planting screen effective at all times of the year and maintained to at least six (6) feet in height and six (6) feet in width shall be provided whenever a principal use abuts or adjoins any "R" or "B-1" district or any lot used for dwelling purposes.
F.
No building or structure shall exceed the following height limitations except as provided in Section 405.680:
All uses within two hundred (200) feet of any "E" or "R" district, fifty (50) feet maximum height; all other locations, the maximum height shall not exceed the distance measured to the centerline of the nearest adjoining street.
G.
The following minimum dimensional requirements shall apply except as provided in Section 405.690:
Lot area (acres) | Lot width (feet) | Front yard depth (feet) | Side yard width each (feet) | Rear yard depth (feet) | |
|---|---|---|---|---|---|
All uses | None | None | 25 | None* | 20 |
* Except when adjoining any "E" or "R" district then not less than twenty (20) feet; in other cases, if a side yard setback is provided, it shall not be less than five (5) feet. | |||||