Green Park City Zoning Code
ARTICLE VII
Supplemental Regulations
Section 405.290 Building Use Limitations.
[Ord. No. 303 §§1 — 2, 2-26-2001]
A.
Compliance With District Regulations. No building shall be erected, enlarged, reconstructed or structurally altered, nor shall any building or land be used which does not comply with all of the district regulations established by this Chapter for the district in which the building or land is located.
B.
Encroachment. The minimum yards and open spaces required by this Chapter, including lot area per family requirement, shall not be encroached upon or considered as fulfilling the yard or open space requirements for any other building.
C.
Approved Lots. Every building or complex of buildings erected or structurally altered after the effective date of this Chapter, or any amendments hereto, shall be located on a lot that meets the requirements of both this Chapter and the City's ordinance establishing subdivision regulations. The open space requirements for the district in which each lot is located must likewise be met.
Section 405.300 Access.
[Ord. No. 303 §§1 — 2, 2-26-2001]
Every building constructed or relocated after the effective date of this Chapter, or any amendments hereto, shall be placed on a lot adjacent to a public street, or that has access to an approved public or private street. All buildings shall be so located as to provide safe and convenient access for servicing fire protection and required off-street parking and loading.
Section 405.310 Setbacks and Building Lines - Additional Yard Regulations.
[Ord. No. 303 §§1 — 2, 2-26-2001; Ord. No. 862, 6-17-2024]
A.
Purposes. Purposes of the setback lines provided for in this Chapter are to establish safe and clear rights-of-way and to provide adequate light, air and open space in conformity with buildings now in existence.
B.
Visibility On Corner Lots. At all street intersections no obstruction to vision other than an existing building, post, column, tree or shrubbery shall be erected in an area defined by the following formula: The triangular area formed by connecting three (3) points, being the point at which the street lines intersect and two (2) additional points, each forty (40) feet from the point of the street line intersection and located on the front lot line.
C.
Ordinary Projections Into Or Uses Of Required Yards. Every part of a required yard must be open to the sky and unobstructed except for permitted fences, retaining walls, hedges, signs and off-street parking and the ordinary projection of sills, belt courses, buttresses or ornamental features, signs, awnings, canopies, fire escapes, fireproof outside stairs, terraces not extending more than three (3) feet above grade level, chimneys, open balconies, open porches (including screening, but not windows or solid walls), patios [not over twelve (12) inches above grade], eaves or cornices which may project up to five (5) feet into the required setback.
D.
Parking Within Front Or Side Yards. Parking within the front or side yard shall be subject to the requirements of Article VIII.
E.
Height — Fences And Retaining Walls. No fence or wall shall exceed six (6) feet in height. A retaining wall on a residential lot shall comply with the following setback requirements:
Retaining Walls — Yard | Setback Requirements |
|---|---|
Side Yard | A retaining wall must be set back from a side lot line a minimum of one (1) foot for every vertical foot (or part thereof) of rise but in no case shall the retaining wall exceed six (6) feet in total vertical rise. |
Rear Yard | A retaining wall must be set back from a rear lot line a minimum of four (4) feet at which point it can be up to three (3) feet in height: thereafter the wall must be setback one (1) additional foot for every vertical foot (or part thereof) of rise over three (3) feet, but in no case shall the retaining wall exceed six (6) feet in total vertical rise. |
Front Yard | A retaining wall must be set back from a front lot line a minimum of three (3) feet. No retaining wall may exceed three (3) feet in height. |
Railings or fencing required for safety on top of a retaining wall shall not be included in the calculation of overall retaining wall height. | |
On lots used for non-residential uses, the retaining wall(s) shall be as approved through the development plan process. | |
A building permit is required for a retaining wall(s) where any one (1) of the following conditions would be present after its construction. Measure retaining wall heights from the top of grade at the wall's base to grade on the retained side at the top of the wall: | |
1. The wall height would exceed 3'-0". | |
2. The wall height would exceed 2'-0" and would be surcharged by a driveway, pool, or other structure. | |
3. The wall's distance from a property line would be less than or equal to the wall's height. | |
4. The top of the wall would have a guardrail or fence on or behind it, and the combined height of the wall and guardrail or fence would exceed 6'-0". | |
 |
Section 405.320 Temporary Buildings.
[Ord. No. 303 §§1 — 2, 2-26-2001]
Temporary Construction Buildings. Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that the building is being constructed, but such temporary buildings shall be removed upon completion of the construction work as determined by the Zoning Administrator and in no case to exceed thirty (30) days after the last certificate of occupancy is issued.
Section 405.330 Zoning Performance Standards.
[Ord. No. 303 §§1 — 2, 2-26-2001]
A.
Compliance. Every use, activity, process or operation located or occurring in the City shall comply with the zoning performance standards prescribed in this Section.
B.
Administration And Enforcement.
1.
Whenever, in the opinion of the Zoning Administrator, there is a reasonable probability that any use or occupancy violates these zoning performance standards, written notice shall be issued of at least seven (7) days' duration that said use or occupancy must be corrected. In case of an emergency the Zoning Administrator or his or her designee may take immediate action deemed appropriate to correct the violations and is hereby authorized to employ a qualified technician or technicians to perform whatever investigations and analyses as are necessary to determine whether or not they are in fact being violated.
2.
In the event that a violation is found to exist, the violator shall be liable for the reasonable fee of the technicians employed to perform such investigations and analyses. Such fees may be recovered as may be allowed by law, either as costs or as a penalty in the same manner as, and in addition to, the penalties specified in Section 405.420(D) of this Chapter.
3.
If a complaint is received regarding an alleged violation of any of the provisions of this Article and the Zoning Administrator does not believe that there is a reasonable probability that such a violation actually exists, he/she may, as a condition precedent to further investigation, require that the complainant post an escrow deposit in the amount of two hundred dollars ($200.00) to defray the cost of employing a qualified technician or technicians to perform such investigations and analyses as may be necessary to determine whether or not such violation exists.
a.
In the event that the complaint is substantial, the escrow deposit shall be refunded to the depositor, and the reasonable fees associated with the investigation and analyses shall be recovered in the manner provided above.
b.
If the complaint proves unfounded, such fee shall be paid from the complainant's escrow deposit. Any remainder of such deposit shall be refunded to the complainant upon completion of the investigation.
4.
Any violation of this Chapter shall hereby be considered as creating a public nuisance. Therefore, in addition to the enforcement procedures specified herein, the City may utilize any other remedy provided in any applicable City ordinance pertaining to nuisances.
C.
Performance Standards.
1.
Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line of the lot on which the use is located, except that vibration caused by blasting conducted in accordance with the requirements of the Explosives Code, Ordinance 711 St. Louis County Revised Ordinances (SLCRO), as amended, may exceed these limitations.
2.
Noise. Every use shall be so operated that the pressure level of sound or noise generated does not exceed the limitations of the Noise Control Code, Ordinance 625 SLCRO, as amended.
3.
Odor. Every use shall be so operated that no offensive or objectionable odor is emitted in accordance with the requirements of the Air Pollution Code, Ordinance 612 SLCRO, as amended.
4.
Smoke. Every use shall be so operated that no smoke from any source shall be emitted that exceeds the emission levels in the requirements of the Air Pollution Code, Ordinance 612 SLCRO, as amended.
5.
Toxic gases. Every use shall be so operated that there is no emission of toxic, noxious or corrosive fumes or gases which exceeds the emission levels of the Air Pollution Code, Ordinance 612 SLCRO, as amended.
6.
Emission of dirt, dust, fly ash and other forms of particulate matter. The emission of dirt, dust, fly ash and other forms of particulate matter shall not exceed the emission levels in the requirements of the Air Pollution Code, Ordinance 612 SLCRO, as amended.
7.
Radiation. Every use shall be so operated that there is no dangerous amount of radioactive emissions.
8.
Glare and heat. Any operation producing intense glare or heat shall be performed in an enclosure in such a manner as to be imperceptible along any lot line without instruments.
9.
Any addition, modification or change in any regulations, Code, ordinance or other standard referred to in the zoning performance standard regulations shall become a part of these regulations.
10.
All illumination structures, except for approved street lights, shall be so arranged as not to cast light directly from any source of illumination on any public right-of-way or on adjacent properties in the "RS-1" Single-Family, "MR" Multi-Family and Condominium or "PR" Planned Residential Zoning Districts. Locations and data regarding proposed lighting shall be provided for all proposed development per Section 405.450(B)(2)(d)(12).
D.
Physical Appearance Of Light Industrial Uses.
1.
All operations shall be carried on within an enclosed building, except new finished products or equipment in operable condition may be stored outside within a fully-screened enclosure to the near or side lot areas approved by the site development plan.
2.
Normal daily wastes of an inorganic nature may be stored in containers not in a building when such containers are screened from view.
All company service vehicles, fleet vehicles, trucks, equipment and/or machinery used in conjunction with a permitted use shall be stored overnight such that they are screened with a landscape buffer or are not visible from a public street. |
Section 405.335 Accessory Utility Uses and Facilities - All Districts.
[Ord. No. 533 §2, 8-20-2007; Ord. No. 536 §§1 — 3, 9-17-2007]
A.
Every public utility, cable company, video service provider and other users of the City rights-of-way or adjacent easements to provide services shall comply with the supplemental regulations in this Section regarding the placement of accessory utility facilities on public or private property. For purposes of this Section, "accessory utility facilities" (or "facilities") shall mean such facilities, including pedestals, boxes, vaults, cabinets, or other ground-mounted or below ground facilities, including associated conduits, cables and/or lines, that directly serve the local area or property in which the facility is placed, are not primarily for transmission or distribution to other locations, do not materially alter the character of the neighborhood or area, and otherwise are customarily found in such areas. Except where limited by other provisions of City ordinance, accessory utility facilities shall be permitted subject to the following supplementary regulations:
1.
Approval — design — location — application — notice. The design, location and nature of all accessory utility facilities on private or public property shall require approval of the City, which approval shall be considered in a non-discriminatory manner, in conformance with this Section, and subject to reasonable permit conditions as may be necessary to meet the requirements of this Section. To that end, prior to any construction, excavation, installation, expansion or other work on any accessory utility facility, the facility owner shall apply to the City and submit detailed plans for the City's review and approval. Contemporaneous with such application, the facility owner shall provide notice to all private property owners within one hundred eighty-five (185) feet of the location of the proposed construction, excavation or other work. Notice shall include detailed description of the proposed work to be done, the exact location of proposed work and the anticipated time and duration when the proposed work will be undertaken. Notice shall be given at least five (5) business days prior to the commencement of any such work. Any material changes or extensions to such facilities or the construction of any additional structures shall be subject to the requirements and approvals as set forth herein.
In considering individual or multiple location applications, the City shall review the request to ensure the proposed facilities do not impair public safety, harm property values or significant sightlines or degrade the aesthetics of the adjoining properties or neighborhood considering all reasonable alternatives. Unless otherwise prohibited, utility facilities subject to this Subsection may be located in minimum setback areas provided that all other requirements are met. To the extent permitted by Section 67.2707.1(3), RSMo., the time, method, manner or location of facilities to be located in the rights-of-way may be established or conditioned by the City to protect the rights-of-way or to ensure public safety. An inspection fee shall be required as may be established by the City to reimburse the City for the costs of review and inspection of accessory utility facilities as may be permitted by applicable law.
2.
General regulations. The following general regulations apply to all accessory utility facilities:
b.
Noise. All such facilities shall be constructed and maintained in such a manner so as not to emit any unnecessary or intrusive noise.
c.
Abandoned boxes. All facilities and utility boxes shall be deemed abandoned after six (6) continuous months of non-use and shall therefore be removed within thirty (30) days thereafter at the cost of the utility. Land from which abandoned facilities or utility boxes are removed, whether on private or public property, shall be restored within thirty (30) days of removal by the facility owner or have costs of such remedies charged to the facility owner. The facility owner shall restore the land using similar plantings or sod of the same type of grass immediately surrounding the land and shall replace all existing plantings damaged by the removal work with like plantings and shall replace all damaged existing grass areas with sod of the same type of grass as was damaged.
d.
Utility poles. Unless otherwise restricted, utility poles for authorized above ground lines or facilities shall be permitted up to forty-five (45) feet in height where utilities are not otherwise required to be placed underground; provided that such poles shall be no higher than necessary, maintained so as to avoid leaning from upright position, and without use of guy wires crossing rights-of-way or pedestrian routes except where approved by the City as necessary due to the lack of feasible alternatives.
e.
Historic areas. Utility facilities placed in any designated historic areas may be subject to additional requirements regarding the placement and appearance of facilities as may be necessary to reasonably avoid or reduce any negative impact of such placement.
f.
Damage. Any damage to landscaping or vegetation on private or public property during installation or maintenance of facilities shall be remedied by the facility owner within thirty (30) days of such damage. The facility owner shall replace all plantings damaged by the work with like plantings and shall replace all damaged grass areas with sod of the same type of grass as was damaged.
g.
No interference. No facilities may be located so as to interfere, or be likely to interfere, with any public facilities or use of public property. The City shall have the authority to order the removal or relocation of any facilities, at the expense of the facilities' owner, when necessary to accommodate construction, improvement or maintenance of streets or other public works, excluding minor beautification projects.
3.
Residential districts. In residential zoning districts ("PS", "RS-1", "PR" and "MR" Districts) and rights-of-way adjacent thereto, accessory utility facilities less than three (3) feet in height and covering less than six (6) square feet in area may be installed above ground with the prior approval of the City. Except as otherwise may be authorized herein, any larger utility facility shall be installed underground or authorized to be installed above ground only by conditional use permit pursuant to Section 405.430 of this Code. All above ground facilities, where authorized, shall be placed in the rear yard wherever practical. If locating these facilities in the rear yard is not practical, then such facilities may be located in the side yard. Such facilities shall not be located in the front yard or within the public right-of-way unless otherwise approved by the City upon a determination that all other alternatives are not feasible.
4.
Non-residential districts. In non-residential zoning districts and rights-of-way adjacent thereto, accessory utility facilities with a height of less than five (5) feet and covering less than sixteen (16) square feet in area may be installed above ground with the prior approval of the City. Except as otherwise may be authorized herein, any larger utility facility shall be installed underground or authorized to be installed above ground only by conditional use permit pursuant to Section 405.430 of this Code. All above ground facilities, where authorized, shall be placed in the rear yard wherever practical. If locating these facilities in the rear yard is not practical, then such facilities may be located in the side yard. Such facilities shall not be located in the front yard or within the public right-of-way unless otherwise approved by the City upon a determination that all other alternatives are not feasible.
5.
Landscape screening. A sightproof landscape screen shall be provided for all authorized above ground facilities in excess of two (2) square feet in size. Such screen shall be required to sufficiently conceal the facility. A landscape plan identifying the size and species of landscaping materials shall be submitted by the utility and approved by the City prior to installation of any facility requiring landscape screening. The utility shall be responsible for the installation, repair or replacement of screening materials. Alternative screening or concealment may be approved by the City to the extent it meets or exceeds the purposes of these requirements. Facilities located in rear yards may be exempted from screening where located so as not to be visible from (1) any public property and (2) more than two (2) residential dwelling units. Any required screening shall be completed within the timeframe set forth in the permit required under this Section, or not less than thirty (30) days from issuance of the permit, if not otherwise stated in the permit.
6.
Compliance with other laws. All accessory utility facilities shall be subject to all other applicable regulations and standards as established as part of the Code including, but not limited to, building codes, zoning requirements and rights-of-way management regulations in addition to the supplementary regulations herein. The provisions of this Section shall not apply to any circumstance or entity in which application under such circumstances is pre-empted or otherwise precluded by superseding law.
Section 405.337 Marijuana Use Regulations.
[Ord. No. 781, 7-15-2019; Ord. No. 843, 4-17-2023]
A.
Supplemental Regulations For Marijuana Uses. Marijuana uses in the City shall be subject to the following regulations:
1.
All Marijuana Uses. All marijuana uses shall comply with the following regulations:
a.
State License Required. All marijuana uses must have the appropriate license and any other required authorization to operate the marijuana use from the DHSS to operate in the City. Applicant may seek zoning approval prior to being granted a State license, but no final approval shall be given until such State-issued license has been obtained and satisfactory proof of such licensure has been provided to the City. Continued operation in the City shall always require such licensure to remain valid. All marijuana uses shall display their license issued by the State of Missouri and any licenses issued by the City in a prominent place in plain view near the front entrance of the facility as required by State regulations.
b.
Spacing Requirement For Marijuana Uses.
(1)
No marijuana use shall be located within one thousand (1,000) feet of any then-existing public or private school, day care facility, church, temple, or synagogue. For the purposes of this Chapter, "then-existing" shall mean any public or private school, day care facility, church, temple, or synagogue with a building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana dispensary facility applies for zoning authorization.
(2)
No marijuana use shall be located within one thousand (1,000) feet of any other marijuana use.
(3)
For purposes of this Chapter, the above spacing requirement shall be measured as follows:
(a)
In the case of a freestanding facility containing a marijuana use facility, the distance between the facility and the elementary school, secondary school, child day-care facility, or church shall be measured from the external wall of the facility structure to the closest point of the property line of the elementary school, secondary school, child day-care facility, or church.
(b)
In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the marijuana use facility and the elementary school, secondary school, child day-care facility, or church shall be measured from the property line of the elementary school, secondary school, child day-care facility, or church to the facility's entrance or exit closest in proximity to the elementary school, secondary school, child day-care facility, or church. If the elementary school, secondary school, child day-care facility, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the elementary school, secondary school, child day-care facility, or church closest in proximity to the facility.
(c)
Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
c.
Odor And Nuisance. Every marijuana use shall have and maintain an odor control system as least as stringent as that which is required by State regulations and shall at all times operate in compliance with Chapter 215, Nuisances, of the City Code as well as the Building and Property Maintenance Codes and all applicable performance standards. The odor control system and other aspects of the use shall comply with the Performance Standards set forth in Section 405.330(C).
d.
Screening. Screening of HVAC units, odor control systems, ventilation systems and solid waste (trash) containers. Heating, ventilating, air conditioning and/or odor control units shall be fully screened from public view by an element of the building or by a separate, permanently installed screen or fence, extending a minimum of one (1) foot above the equipment, harmonizing with the building in material color, size, and shape. Refuse containers or refuse storage areas shall be hidden from public view, either from within or outside the premises, by means of fences, walls, or landscaped planting harmonizing with the building in color, size, and shape.
2.
Marijuana Dispensary Facility. In addition to the regulations in Subsection (A)(1) above, marijuana dispensary facilities shall comply with the following regulations:
a.
Outdoor Operations Or Storage. No outdoor operations or storage of materials, products, or equipment shall be allowed.
b.
On-Site Usage Prohibited. Marijuana may not be smoked, ingested, or otherwise consumed or administered on the premises of any marijuana dispensary facility.
c.
Hours Of Operation. All sales or distribution of marijuana and any other products sold to the public through a marijuana dispensary shall take place between the hours of 9:00 A.M. and 9:00 P.M. Monday through Friday and from 9:00 A.M. and 6:00 P.M. Saturday and Sunday. Marijuana dispensaries shall be secured and closed to the public after the hours listed in this Subsection and no persons not employed by the marijuana dispensary facility may be present in such facility at any time closed to the public.
d.
Development Plan Required. No marijuana dispensary facility shall be allowed unless the applicant submits a development plan pursuant to Section 405.460, if applicable, or in all other cases, a site plan pursuant to Section 405.450, and the plan is approved by the Planning and Zoning Commission and Board of Aldermen for the City. Under no circumstances shall a marijuana dispensary facility be approved without approval of either a final development plan or a site plan as determined by the nature of the application and the terms of Sections 405.460 and 405.450.
e.
Drive-Throughs. Marijuana dispensary facilities shall submit a final development plan and follow all requirements found in Section 405.060 and all other provisions of the Zoning Code related to drive-through windows should the development include a drive-through window. As part of the plan approval process, the Planning and Zoning Commission may recommend, and the Board of Aldermen may condition approval on additional queuing or other conditions related to the drive-through to ensure the public safety is protected and the surrounding properties are not negatively affected.
f.
Security. Every marijuana dispensary facility shall, at all times, have and maintain security systems, equipment, and procedures at least as stringent as those which are required by State regulations.
h.
Additional Requirements. All marijuana dispensary facilities shall comply with all provisions of the Zoning Code of the City of Green Park, including, but not limited to the requirements for the "CC" District found in Section 405.160 of the City Code, Section 405.330 of the City Code, all provisions of Article XIV of the Missouri Constitution as well as any and all rules and regulations promulgated by the DHSS regulating marijuana, including, but not limited to, security requirements, lighting, parking, and patient verification requirements.
3.
Facilities For Non-Retail Marijuana Uses. In addition to the regulations in Subsection (A)(1) above, all non-retail marijuana uses shall comply with and be governed by the following regulations:
a.
Outdoor Operations Or Storage. For non-retail marijuana uses, all operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in a secured area enclosed by a fence meeting the City's requirements for fencing type, maximum height and setback requirements. Furthermore, outdoor operations or storage shall only be allowed for marijuana testing facilities and marijuana transportation facilities to the extent authorized by State regulations.
b.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed or administered on the premises of any non-retail marijuana use except, in a marijuana testing facility when being administered for testing purposes authorized by the DHSS.
c.
Hours Of Operation. All non-retail marijuana uses shall be closed to the public between the hours of 9:00 P.M. and 8:00 A.M. No persons not employed by the business shall be on the premises at any time without being approved entry, logged in by building security personnel and obtaining and displaying a visitor pass.
d.
Development Plan Required. No non-retail marijuana use shall be allowed unless the applicant submits a final development plan pursuant to Section 405.460, if applicable, or in all other cases, a site plan pursuant to Section 405.450, and the plan is approved by the Planning and Zoning Commission and Board of Aldermen for the City. Under no circumstances shall a non-retail marijuana use be approved without approval of either a final development plan or a site plan as determined by the nature of the application and the terms of Sections 405.460 and 405.450.
e.
Security. Every non-retail marijuana use shall, at all times, have and maintain security systems, equipment, and procedures at least as stringent as those which are required by State regulations.
f.
Accreditation, Standards, And Procedures — Testing Facilities. Every marijuana testing facility shall, at all times, maintain in good standing their accreditation as required by State regulations, and utilize standards and procedures for personnel and for testing marijuana in all forms which are at least as stringent as those required by State regulations.
i.
Additional Requirements. All non-retail marijuana uses shall comply with all provisions of the Zoning Code of the City of Green Park, including, but not limited to the requirements for the "PLI" District found in Section 405.160 of the City Code, Section 405.330 of the City Code, all provisions of Article XIV of the Missouri Constitution as well as any and all rules and regulations promulgated by the DHSS regulating marijuana, including, but not limited to, security requirements, lighting, parking, testing, labeling, record maintenance and retention, and safety standard requirements.
j.
Buffer Strip. A buffer strip of not less than one hundred (100) feet in width shall be provided along any perimeter of a commercial development which adjoins "R-1" Single-Family Dwelling District, "MR" Multi-Family and Condominium District, "PR" Planned Residential District, or "PS" Park and Scenic District (or equivalent district in an adjoining jurisdiction), except where abutting a public street. No drive, walkway, parking space or vehicular travel way shall occupy any portion of the buffer strip; provided that the Board of Aldermen may require that the buffer strip be supplemented with ample additional plantings, landscaping, and fencing as reasonable and necessary under the circumstances.