Glendale City Zoning Code
ARTICLE I
In General
Section 400.010 Definitions.
[R.O. 2010 §400.010; CC 1970 §33-1; Ord. No. 1305 Art. 2 §1, 4-24-1963; Ord. No. 1393 §A, 6-10-1966; Ord. No. 1481 §§3 — 4, 1-16-1970; Ord. No. 12-86 §1, 8-18-1986; Ord. No. 4-94 §2, 2-17-1994; Ord. No. 17-94 §2, 10-17-1994; Ord. No. 21-94 §1, 12-5-1994; Ord. No. 04-01 §1, 3-19-2001; Ord. No. 02-02 §1, 2-4-2002; Ord. No. B21-04 §1, 11-15-2004; Ord. No. 05-06 §§1 — 2, 2-20-2006; Ord. No. 13-06 §1, 6-14-2006; Ord. No. 22-08 §1, 8-18-2008; Ord. No. B04-14 §2, 4-7-2014; Ord. No. B13-14 §1, 8-4-2014; Ord. No. B04-16, 4-4-2016; Ord. No. 12-19, 8-5-2019; Ord. No. 11-20, 6-1-2020; Ord. No. B14-22, 10-17-2022; Ord. No. 10-23, 3-6-2023; Ord. No. 21-24, 10-7-2024; Ord. No. 22-24, 11-18-2024]
For the purposes of this Title IV and for the purposes of Title V, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
A subordinate building or a portion of the main building, the use of which is incidental to that of the main building or to the use of the premises, provided no accessory building may be used for dwelling purposes. Swimming pools are considered under the classification of accessory building.
A use which is incidental to the main use of a building or land.
A platform enclosed by a parapet or a railing projecting from a wall or a building.
A story partly underground but having at least one-half (1/2) of its height below the average level of the adjoining ground. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five (5) feet.
Any structure designed or intended for the support, enclosure, shelter or protection of persons or property. When a structure is divided into separate parts by unpierced walls extending from the ground up, each part is deemed a separate building. See the St. Louis County Building Codes adopted and set out in Section 500.010 of this Code.
That portion of a platted lot that is available for construction and is exclusive of required front, rear and side setback lines.
The vertical distance measured from the Average Grade Elevation of the proposed finished grade (the Grade Plane) to the highest ridgeline height for pitched roofs, the highest coping height for flat roofs, or the highest deck line for mansard roofs, as defined and illustrated in Chapter 5 of the Architectural Review Guidelines. This measurement shall include flat, mansard, gable, hip and gambrel roofs, and all other architectural features of the building. The ordinary elevation of chimneys and flues may extend above the allowed building height, as regulated by the Building Code.
The building line is a line between which line and the lot line no structure may be erected except as herewithin otherwise provided.
A business engaged in check cashing operations for a fee as a primary or substantial element of its business and which is not licensed by the appropriate State or Federal agency as a banking or savings and loan facility. Said business shall be prohibited in all zoning districts of the City of Glendale, Missouri.
Any center whether known or incorporated under another title or name, is a child care program conducted in a location other than the provider’s permanent residence, or separate from the provider’s living quarters, where care is provided for children not related to the child care provider for any part of the twenty–four (24) hour day.
An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.
An establishment where coffee and related products, including, without limitation, tea and baked goods, are sold in various forms to persons sitting at tables or counters or by carry out. Outdoor seating for patrons shall be conditioned on obtaining a special use permit.
A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.
A facility licensed by the State to acquire, cultivate, process, package, store on-site or off-site, transport to or from, and sell marijuana, marijuana seeds, and/or marijuana vegetative cuttings to a medical facility, comprehensive facility, or marijuana testing facility.
A facility licensed by the State to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings, marijuana-infused products, and drug paraphernalia used to administer marijuana to a consumer, anywhere on the licensed property or to any address as directed by the consumer, to a comprehensive facility, a marijuana testing facility, or a medical facility.
A facility licensed by the State to acquire, process, package, store, manufacture, transport to or from a medical facility, comprehensive facility, or a marijuana testing facility, and sell marijuana-infused products, prerolls and infused prerolls to a marijuana dispensary facility, a marijuana testing facility, or another marijuana-infused products manufacturing facility.
A method of adding, replacing or augmenting cosmetic features by the placement of subcutaneous pigmentation by a licensed doctor or nurse.
The percentage of lot area covered by all buildings, structures on the lot (footprint) divided by the lot area. Buildings include any structure or part of a structure covered by a roof, including, but not limited to, residences, unenclosed porches, garages, gazebos, sheds, breezeways, carports, etc. An area not to exceed three hundred (300) square feet of an unenclosed front porch shall be deducted from the lot area coverage. The area of lot coverage is calculated from the constructed footprint at grade of all buildings.
A flat floored platform not set into but raised above the ground, having no roof or covering of any kind, which is usually but not necessarily attached to a structure.
An establishment where sandwiches and other ready to eat food products are sold in various forms to persons sitting at tables or counters or by carry out. Outdoor dining shall be conditioned on obtaining a special permit.
A section of the City for which regulations governing the use of buildings and premises, the height of buildings, the size of yards or the intensity of use are uniform.
See the St. Louis County Building Codes adopted and set out in Section 500.010 of this Code.
See the St. Louis County Building Codes adopted and set out in Section 500.010 of this Code.
See the St. Louis County Building Codes adopted and set out in Section 500.010 of this Code.
The height of the eave of the roof or the roof plate measured from the Grade Plane/Average Grade Elevation for the structure.
See the St. Louis County Building Codes adopted and set out in Section 500.010 of this Code.
Any building or premises used for the dispensing, sale or offering for sale of any automobile fuels or oils. When the dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage.
The horizontal area of a floor of a building measured from the exterior face of exterior walls of building, without deduction for hallways, closets, thickness of walls, columns, or other features.
The total described by the sum of the horizontal plane of the floors of a building at each floor measured to the exterior walls of a building or structure and adjusted as follows:
All living space with ceiling heights of sixteen (16) feet or greater shall be counted at two hundred percent (200%).
Basements, as defined herein, including garages located below the first floor of a single-family home shall not be counted.
Unenclosed porches, terraces and steps shall not be counted.
Detached garages shall not be counted, but any conditioned space above a detached garage shall be counted.
The floor area of all other attached garages shall be counted at fifty percent (50%).
The conditioned portion of a half-story shall be counted. For purposes of computing floor area for a half story, any portion of the floor area measuring less than five (5) feet from the finished floor to the finished ceiling (such as spaces enclosed in a roof attic) shall not be included in the computation of floor area.
The total Gross Floor Area of the building determined by adding the Adjusted Gross Floor Area for each of the stories including second floor areas open to the floor below and fifty percent (50%) of the attached garage, divided by the total lot area. Floor area for the first and full second floor shall be measured from the exterior of the building. See Chapter 5 of the Architectural Review Guidelines for more detailed description of F.A.R. calculation and proofs of measure requirements.
All the property abutting on one (1) side of a street or place between two (2) intersecting streets or places, crossing or terminating, or if the street or place is a dead-end, then all of the property abutting on one (1) side between an intersecting street or place and the dead-end of the street or place.
An accessory building housing not to exceed four (4) motor-driven vehicles, the property of and for the use of the occupants of the lot on which the private garage is located.
Any building or premises, except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor-driven vehicles.
See the St. Louis County Building Codes adopted and set out in Section 500.010 of this Code.
The Grade Plane/Average Grade Elevation (AGE) is calculated by recording the grade elevation at points six (6) feet away from the building using the building corners and the midpoints of the side yard facades for reference, adding such elevations together and dividing by six (6) [( A1 + A2 + A3 + A4 + A5 + A6) ÷ 6 = Grade Plane/Average Grade Elevation].
Any business operated in a residential dwelling involving the performance of home-based work that manufactures, provides, or sells goods or services and that is owned and operated by the owner or tenant of the residential dwelling.
A home-based business qualifies as a no impact home-based business if:
The total number of employees and clients on-site at one (1) time does not exceed the occupancy limit for the residential dwelling; and
The activities of the business:
Are limited to the sale of lawful goods and services;
May involve having more than one (1) client on the property at one (1) time;
Do not cause a substantial increase in traffic through the residential area;
Do not violate any parking regulations established by the political subdivision;
Occur inside the residential dwelling or in the yard of the residential dwelling; and
Are not visible from the street.
Any lawful occupation performed by a resident within a residential home or accessory structure, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes and does not change the residential character of the residential building or adversely affect the character of the surrounding neighborhood.
Any occupation in connection with a home-based business and the performance of home-based work for which there is no sign or display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose than that of a dwelling; it does not cause a substantial increase in traffic through the residential area; it does not violate any parking regulations established by the City; it occurs solely inside the residential dwelling or in the rear yard of the residential dwelling; it is not visible from the street; and there is no mechanical equipment used except such as is permissible for purely household purposes.
See the St. Louis County Building Codes adopted and set out in Section 500.010 of this Code.
Any church, synagogue, mosque, other building or structure, or public or private place used for religious worship, religious instruction, or other religious purpose, exclusive of a personal residence.
An establishment where hard or soft ice cream is sold in various forms such as in cones, sundaes, shakes, malts and floats served to persons sitting at tables or counters by waiters or waiters standing behind service counters, to be consumed by the customers within the building, said ice cream served within the building shall be served on china and drinks shall be served in glasses, with the exception of ice cream served in cones. Carryout ice cream may be served for consumption off premises. Said use shall be conditioned on obtaining a special use permit.
A building occupied by a non-profit corporation or a non-profit establishment for public use.
The concurrent or planned sequential construction of three (3) or more homes in the "R-1", "R-2" and "R-3" zoning districts by a single developer or resident.
A space within the main building or on the same lot providing for the standing, loading or unloading of trucks which has a minimum of twelve (12) feet by thirty-five (35) feet and a vertical clearance of fourteen (14) feet.
A parcel of land occupied or intended for occupancy by one (1) main building together with its accessory buildings, including the open spaces required by this Chapter and having its principal frontage upon a street or upon an officially approved place.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear of lot lines.
A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
A lot other than a corner lot.
The lines bounding a lot.
A lot which was in compliance with the existing ordinances at the time it was created and which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder, or such lot described by metes and bounds, the description of which has been recorded in the office of the County Recorder on or before April 24, 1963.
For the purpose of determining the dimensions of the side yards and the width of a lot the chord distance between side lot lines shall be measured at the building line.
Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the plant and marijuana-infused products. Marijuana or marihuana do not include industrial hemp, as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.
A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, marijuana testing facility, comprehensive marijuana-infused products manufacturing facility, microbusiness wholesale facility, microbusiness dispensary facility, or any other type of marijuana-related facility or business licensed or certified by the State, but does not include a medical facility.
Products that are infused, dipped, coated, sprayed, or mixed with marijuana or an extract thereof, including, but not limited to, products that are able to be vaporized or smoked, edible products, ingestible products, topical products, suppositories, and infused prerolls, as defined by Missouri Statute.
A facility licensed by the State as a microbusiness dispensary facility or microbusiness wholesale facility.
A facility certified by the State to acquire, test, certify, and transport marijuana, including those originally certified as a medical marijuana testing facility.
A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a medical marijuana dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.
A facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana in accordance with applicable law and regulations.
A facility licensed by the State of Missouri to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or to another medical marijuana-infused products manufacturing facility.
A facility certified by the State of Missouri to acquire, test, certify, and transport marijuana.
A facility licensed by the State to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings, marijuana-infused products, and drug paraphernalia used to administer marijuana to a consumer, anywhere on the licensed property or to any address as directed by the consumer as otherwise allowed by law, a microbusiness wholesale facility, or a marijuana testing facility.
A facility licensed by the State to acquire, cultivate, process, package, store on-site or off-site, manufacture, transport to or from, deliver, and sell marijuana, marijuana seeds, marijuana vegetative cuttings, and marijuana-infused products to a microbusiness dispensary facility, other microbusiness wholesale facility, or marijuana testing facility.
An area occupied by one (1) or more permanent buildings, excluding a single-family dwelling for a manager, operator or owner, each to be classed as a main building, each an individual unit or suite of rooms or divided into individual units or suites of rooms, each of which is designed for temporary living facilities generally intended for transients; such area to include structures for such accessory uses as storage garage for each unit or suite of rooms, manager's office, but the area not to be occupied by trailers, mobile homes or tents.
The construction of a new residence upon a platted lot in the "R-1", "R-2" and "R-3" zoning districts, the construction of an addition, renovation or alteration of a size greater than either seven hundred fifty (750) square feet or greater than twenty percent (20%) of the area of the primary structure or the construction of an accessory structure that has a roof and is either in excess of one (1) story or three hundred (300) or more square feet in size.
Any building or land lawfully occupied by a use at the time of passage of this Chapter (April 24, 1963), or amendments thereto which does not conform after the passage of this Chapter (April 24, 1963), or amendments thereto with the use regulations of the district in which it is situated.
Any place, lot, parcel or yard used in whole or in part for storing or parking of two (2) or more vehicles where such usage is not incident to or in conjunction with a single-family dwelling, or other usage permissible in single-family dwelling districts, and located on the same tract.
A durably surfaced area, enclosed in the main building, in an accessory building or unenclosed, sufficient in size to store one (1) standard automobile and if the space is unenclosed, comprising an area of not less than three hundred (300) square feet which is suitable to parking an automobile and driveway and shall be inclusive of all driveways in the parking area but exclusive of access driveways to reach such parking area or areas.
Any place or facility where body piercing, including piercing any part of the body or head, is performed as a primary or substantial element of its business. Said business shall be prohibited in all zoning districts of the City of Glendale, Missouri.
A covered platform extending from an entrance of a house or other building, the floor of which is constructed of poured concrete, brick, hard-scape pavers, or wood and having a foundation in the ground, which is enclosed and sheltered from the elements, in whole or in part, by open-air screen walls, weather-proof walls, windows or any combination thereof.
A covered or uncovered platform, extending from an entrance of a house or other building, the floor of which is constructed of poured concrete, brick, hard-scape pavers, or wood, and having a foundation in the ground, which may be surrounded by knee walls or railings.
An eating establishment where a varied menu such as, by way of description but not limited to, entrees, salads, vegetables, desserts and liquids are prepared in a building for consumption either on or off the premises. "Restaurants" shall not include drive-ins or drive through restaurants where food is served to persons in automobiles or other vehicles or an establishment in which carry-out foods generally constitutes more than fifty percent (50%) of restaurant gross receipts. Pickup windows may be permitted in "C-3" Commercial Districts by special use permit but at no time shall an order be placed through such window. Eating shall not be permitted in automobiles parked on the premises or any part of the premises outside of the restaurant building with the exception of any outdoor dining area otherwise permitted in this Chapter. Said use shall be conditioned on obtaining a special permit.
A business in providing short-term loans to the public as a primary or substantial element of its business and which is not licensed by the appropriate State or Federal agency as a bank or savings and loan facility. Said business shall be prohibited in all zoning districts of the City of Glendale, Missouri. A licensed pawnbroker operating in conformity with the provision of the City Code relating to pawnbrokers shall not be considered a "short-term loan establishment" within the meaning of this definition and prohibition, but only as to such licensee's pawn brokerage activities. Pawnbrokers are not permitted to engage in any short-term lending other than by a pawn transaction.
An area of an establishment authorized to conduct a recreational use of its premises, such as by way of illustration only, a bowling alley or golf driving computerized range, where sandwiches and other ready to eat food products are sold in various forms to persons for consumption either sitting at tables or participating in the recreational use offered on the premises and may be served either on china or paper or plastic plates or on napkins and drinks served either in glasses or disposable cups provided for this purpose. Said use shall be conditioned on obtaining a special use permit.
An establishment where manufactured or processed merchandise is purchased by the owner or operator thereof and resold to the consumer without further processing, manufacture or other change in the character or nature of the goods, such as a hardware store and grocery store. It does not include an establishment where food is processed, prepared or cooked for consumption and sale.
See the St. Louis County Building Codes adopted and set out in Section 500.010 of this Code.
A space under a sloping roof which has the line of intersection of roof decking and wall face not more than five (5) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. The portion of a "half-story" containing any conditioned space shall be counted in the calculation of adjusted gross floor area.
A place, avenue, court, drive, lane, combination of road and utility easement or thoroughfare over which pedestrians, private or public vehicles may pass, inclusive of any parking or walk areas.
A dividing line between a lot, tract or parcel of land and a contiguous street.
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 roof or in the exterior walls.
Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground.
Any method of placing designs, letters, scrolls, figures or symbols upon or under the skin with ink or colors by the aid of needles or instruments. The provision of cosmetic micro-pigmentation services by a licensed doctor or nurse shall not be considered "tattooing" as that term is used in this Chapter.
Any place or facility where tattooing is performed. Said business shall be prohibited in all zoning districts of the City of Glendale, Missouri.
The area surrounding the building constructed or to be constructed and any additions thereto, which shall be large enough to provide space to enter upon in delivering materials to the site, loading, unloading and storage of materials and including space for workers and equipment to move around the job site at all times during construction, up to and including the entire lot if necessary.
An open space, other than a court, on the same lot with a building, 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 average horizontal distance measured at right angles to the lot line, between the lot line and the main building shall be used.
A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance measured at right angles to the street line between the street line and the main building or any projection thereof, other than steps, or unenclosed porches as provided in Section 400.070.
A yard extending across the rear of a lot measured between lot lines and measured at right angles to the rear lot line, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projection other than steps, or unenclosed ground level porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.
A yard between the building and the side line of the lot and extending from the front building line to the rear yard line.
Section 400.020 Districts Enumerated.
[R.O. 2010 §400.020; CC 1970 §33-2; Ord. No. 1305 Art. 3 §1, 4-24-1963]
A.
In order to classify, regulate and restrict the locations of trades, industries and the location of buildings designed for specified uses; to regulate and limit the height and bulk of buildings; to regulate and limit the intensity of the use of lots; and to regulate and determine the area of yard and other open spaces within and surrounding buildings, the City is hereby divided into districts of which there shall be nine (9) in number, known as:
1.
"R-1" Single-Family Dwelling District.
2.
"R-2" Single-Family Dwelling District.
3.
"R-3" Multiple-Family and Condominium District.
4.
"PRD" Planned Residential District.
5.
"C-1" Commercial District.
6.
"C-2" Commercial District.
7.
"C-3" Commercial District.
8.
"P-1" Parking District.
9.
"S-1" Storage District.
Section 400.030 District Map.
[R.O. 2010 §400.030; CC 1970 §33-3; Ord. No. 1305 Art. 3 §2, 4-24-1963]
The boundaries of the districts are shown upon the map designated as the District Map. The District Map and all the notations, references and other information shown thereon are a part of this Chapter and have the same force and effect as if the District Map and all the notations, references and other information shown thereon were all fully set forth or described herein, which District Map is properly attested and is on file with the Clerk of the City.
Section 400.040 Interpretation of Boundaries of Districts.
[R.O. 2010 §400.040; CC 1970 §33-4; Ord. No. 1305 Art. 16 §1, 4-24-1963]
A.
Where uncertainty exists with respect to the boundaries of the various districts as shown on the District Map, the following rules apply:
1.
The district boundaries are either streets or alleys unless otherwise shown, and where the districts designated on the map are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district.
2.
Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the map are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the Map.
3.
In unsubdivided property, the district boundary lines on the map shall be determined by use of the scale appearing on the map.
Section 400.050 Procedure Upon Vacation of Street, Alley, Etc.
[R.O. 2010 §400.050; CC 1970 §33-5; Ord. No. 1305 Art. 3 §3, 4-24-1963]
Whenever any street, alley or other public way is vacated by official action of the Board of Aldermen, the zoning districts adjoining each side of such street, alley, place or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.
Section 400.060 Compliance With Chapter, Etc.
[R.O. 2010 §400.060; CC 1970 §33-6; Ord. No. 1305 Art. 3 §4, 4-24-1963]
A.
Except as hereinafter provided:
1.
No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used, except for a purpose permitted in the district in which the building or land is located.
2.
No building shall be erected, converted, enlarged, reconstructed or structurally altered to the extent specifically provided hereinafter except in conformity with the parking and loading regulations established in Chapter 410 for the district in which the building is located.
3.
No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit established in this Chapter for the district in which the building is located.
4.
No building shall be erected, converted, enlarged, reconstructed or structurally altered, except in conformity with the area regulations of the district in which the building is located.
5.
The minimum yard, parking spaces and other open spaces, including lot area per family required by this Chapter for each and every building existing on or before April 24, 1963, or for any building hereafter erected, shall not be encroached upon or considered as yard, parking or other open space for any other building, nor shall any lot area be reduced below the requirements for this Chapter for the district in which such lot is located.
6.
Every building hereafter erected or structurally altered shall be located on a lot, as defined in this Chapter, and in no case shall there be more than one (1) main building on one (1) lot, unless otherwise provided in this Chapter.
Section 400.070 Additional Height and Area Regulations.
[R.O. 2010 §400.070; CC 1970 §33-7; Ord. No. 1305 Art. 12 §1, 4-24-1963; Ord. No. 1393 §C, 6-10-1966; Ord. No. 12-86 §§2 — 5, 8-18-1986; Ord. No. 34-87 §1, 12-7-1987; Ord. No. 10-94 §1, 7-18-1994]
A.
The district regulations hereinafter set forth in this Section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Chapter.
1.
Public, semi-public or public service buildings, or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet, and churches and temples may be erected to a height not exceeding seventy-five (75) feet, if the building is set back from each yard line at least one (1) foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is built.
2.
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples or necessary mechanical appurtenances, may be erected to a height in accordance with exiting or hereafter adopted ordinances of the City.
3.
Accessory buildings not exceeding twelve (12) feet in height which are not a part of or attached to the main building may be built in a rear yard within six (6) feet of the side or rear lot line; except that an accessory building abutting any alley may be built up to the street line if no portion of the building including eaves and doors shall encroach into the public right-of-way. In the case of a corner lot, no accessory building shall be closer to any street line than permitted for the main building in relation to the same street line. Accessory buildings which are not a part of the main building shall not occupy more than thirty percent (30%) of the required rear yard and shall not be closer than ten (10) feet to the building or to another accessory building. Accessory garages may be constructed to the height of twenty (20) feet and if it is necessary to match the roof pitch of the main residential structure, additional height may be permitted subject to a determination made by the Building Commissioner. This regulation shall not apply to a deck, which is provided for in Subsection (4) of this Section.
4.
A deck, whether freestanding or attached to a structure, may be built within the required rear yard area and may be built next to or adjoining a main or accessory structure. No deck shall be constructed within the side yard requirements of the "R-1" and "R-2" Zones or within fifteen (15) feet of any rear lot line. No deck and other accessory buildings shall occupy more than thirty percent (30%) of the required rear yard. Decks shall not be permitted in any required front yard.
5.
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes.
6.
Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections for skylights, sills, belt courses, cornices and ornamental features projecting not to exceed twelve (12) inches or projecting eaves not to extend more than one-half (½) the required side yard.
7.
An unenclosed porch, the ceiling of which, if any, is not more than one (1) story in height, the floor of which is even with or below the height of the floor of the first story of the building to which it is attached, and which does not project more than ten (10) feet in depth from the front of the building may be built within the required front yard, provided that it maintains a front yard setback of at least twenty-five (25) feet in the "R-1" Zoning District and of at least twenty (20) feet in the "R-2" Zoning District.
[Ord. No. B04-14 §3, 4-7-2014]
Section 400.080 Plats.
[R.O. 2010 §400.080; CC 1970 §33-8; Ord. No. 1305 Art. 15 §1, 4-24-1963]
Each application for a building permit shall be accompanied by a plat in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape and location of the buildings to be erected and such other information as may be necessary to provide for the enforcement of this Chapter. A record of applications and plats shall be kept in the office of the Building Commissioner.
Section 400.090 Interpretation, Purpose and Conflicts.
[R.O. 2010 §400.090; CC 1970 §33-9; Ord. No. 1305 Art. 17 §1, 4-24-1963]
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Chapter to interfere with or abrogate or annul any ordinances, rules, regulations or permits previously adopted or issued, and not in conflict with any of the provisions of this Chapter, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises, and likewise not in conflict with this Chapter; nor is it intended by this Chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; except, that if this Chapter imposes a greater restriction, this Chapter shall control.
Section 400.100 Procedure for Amending Chapter.
[R.O. 2010 §400.100; CC 1970 §33-10; Ord. No. 1305 Art. 18 §1, 4-24-1963]
A.
The Board of Aldermen may, from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts or regulations, or restrictions established in this Chapter. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the City Plan Commission for its recommendations and report. If the City Plan Commission makes no report within thirty (30) days, it shall be considered to have made a report approving the proposed amendment, supplement, modification or change. Upon the filing of the recommendations and report by the City Plan Commission with respect to any proposed amendment, supplement, change, modification or repeal, the Board of Aldermen shall proceed to hold a public hearing in relation thereto, giving at least fifteen (15) days notice of the time and place of such hearing, which notice shall first be published in a newspaper having a general circulation in the City.
B.
In the case of an adverse report by the City Plan Commission, or if a protest against such proposed amendment, supplement, change, modification or repeal shall be presented in writing to the City Clerk, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the area of the land exclusive of streets, places and alleys, included within such proposed amendment, supplement, change, modification or repeal, or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of two-thirds (⅔) of all the members of the Board of Aldermen.
Section 400.110 Enforcement of Chapter - Penalties.
[R.O. 2010 §400.110; CC 1970 §33-11; Ord. No. 1305 Art. 19 §1, 4-24-1963]
A.
It shall be the duty of the Building Commissioner to enforce this Chapter. Appeal from the decision of the Building Commissioner may be made to the Board of Adjustment as provided in this Chapter.
B.
The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee, or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part or assists in any such violation, or who maintains any building or premises in which any such violation shall exist shall be guilty of an ordinance violation punishable by a fine of not less than ten dollars ($10.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation continues, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court. Notwithstanding the provisions of Section 82.300, RSMo., for the second (2nd) and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) for each and every day that such violation shall continue, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court.
Section 400.115 The Special Residential Zoning Overlay District In The "R-1" District; Zoning Consolidation; Properties Located Partially In Glendale And Oakland.
[Ord. No. B05-22, 3-21-2022]
A.
In the event a landowner — who owns one (1) or two (2) lots under common ownership and part of one (1) lot is located in the City of Glendale, Missouri, and part of one (1) lot is located in the City of Oakland, Missouri (hereinafter the “Cities”), and such lots have been maintained by the landowner, or a prior landowner, as a single-family residential property for a period of at least ten (10) years — desires to build or expand a single-family residential dwelling unit on one (1) or two (2) lots located partially in Glendale and partially in Oakland, the following shall apply:
1.
The eleven (11) such lots shall be designated as a “Special Residential Zoning Overlay District” (“SRZD”) on the Zoning maps of Glendale and Oakland, Missouri, and shall be subject to the regulations created herein, which shall be known in each City as the “SRZD District” regulations. The base zoning district, "R-4C" in Oakland, and "R-1" in Glendale shall not change, but the regulations of the "SRZD" District, to the extent they conflict with the base zoning districts, shall supersede or supplement, as applicable, the regulations of the base zoning district(s) in Oakland and Glendale, but the base zoning districts shall otherwise remain in full force and effect. All property in the "SRZD" overlay district shall be used and developed or improved in conformity with the overlay and base district requirements that do not conflict with the overlay district regulations.
2.
Lots within the "SRZD" District shall be considered to be single-family residential uses pursuant to the applicable Municipal Zoning Code Sections in each of the Cities;
3.
Any existing single-family residential dwelling unit must have been constructed on a lot that either shares a common border between the Cities, or is partially located in Glendale and partially located in Oakland for at least ten (10) consecutive years immediately preceding a building permit application; and
4.
The landowner of lots within the "SRZD" District must notify each City, in writing, of the desire to expand or build a single-family residential dwelling unit on a lot or lots located within the "SRZD" District in order to proceed with the zoning consolidation process set out in this Section.
5.
The zoning consolidation process as referred to herein shall be for zoning purposes only, and shall not alter or affect the tax identification numbers of any lot located within the "SRZD" District for taxation purposes by the Assessor’s and Collector’s offices of St. Louis County, and the landowner shall not be required to record the lot consolidation with the Recorder of Deeds of St. Louis County, but only with the City Clerk of each City.
B.
The Cities shall each deem lots within the "SRZD" District as developable for single-family residential uses and the existing rear or side yard setbacks in each City’s Zoning Code shall not be based on the common boundary line between the Cities, but shall be regulated as set forth herein.
C.
By and through a Cooperation Agreement between the Cities, the City within which a majority of a lot or lots (when combined for the zoning purposes of this Section) is located within the "SRZD" District shall be the sole governmental entity responsible for issuing appropriate zoning, building and Architectural Review Board (“ARB”) permits, as applicable and except as set forth below regarding construction in rear yards, with respect to any proposed new single-family residence construction or expansion, and such dwellings shall be built or expanded in accordance with that City’s zoning, building and ARB codes, as applicable except as set forth below regarding construction in rear yards; provided, however, that the rear yard setback shall in no event be less than thirty (30) feet and side yard setbacks shall be not less than the greater of six (6) feet or ten percent (10%) of the lot width, unless a variance to such rear yard or side yard setback is granted by both Cities’ Boards of Adjustment.
D.
Notwithstanding anything to the contrary above, any and all permits required for any demolition or construction of any stormwater systems or parts of systems, accessory structures or parts of such structures (including, but not limited to detached garages), decks, fences, swimming pools and flatwork in the rear yard, or part of a rear yard, of a lot consolidated for purposes of this Section under the "SRZD" District rules shall be issued by the City in which the rear yard or impacted part of the rear yard is located.