Kirkwood City Zoning Code
ARTICLE III
Zoning Districts and Principal Uses
§ 25-29 Purpose statement.
[Ord. No. 10702, 2-18-2021]
The purpose of this chapter is to set out the individual purpose statements for each zoning district as well as the list of principal uses that are allowed within each zoning district. The uses are either prohibited or allowed, and where they are allowed, they may be permitted, permitted with additional standards, or conditionally permitted with additional review. Finally, this chapter includes use-specific standards for a variety of uses that apply to the individual uses alone in addition to all other applicable standards of this Code.
§ 25-30 Establishment of zoning districts.
[Ord. No. 10702, 2-18-2021]
The City of Kirkwood hereby establishes the following zoning districts to carry out the purposes of this Code, and to assist in the implementation of the Comprehensive Plan.
Table 30-1 Zoning Districts Established | |
|---|---|
Abbreviation | District Name |
Residential Zoning Districts | |
R-1 | Single-Family Residential District |
R-2 | Single-Family Residential District |
R-3 | Single-Family Residential District |
R-4 | Single-Family Residential District |
R-MM | Missing Middle Residential District |
R-5 | Multifamily Residential District |
R-6 | Planned Multifamily Residential District |
Nonresidential Zoning Districts | |
B-1 | Neighborhood Business District |
B-2 | Central Business District |
B-3 | Highway Business District |
B-4 | Planned Commercial District |
B-5 | Planned Commercial Development District |
I-1 | Light Industrial District |
Special Zoning Districts | |
F-1 | Floodplain District |
§ 25-31 Official Zoning Map and district boundaries.
[Ord. No. 10702, 2-18-2021]
Official Zoning Map and district boundaries.
(a)
All land within the City of Kirkwood shall be placed into at least one of the zoning districts established in Table 30-1, and such zoning shall be shown on the Official Zoning Map of the City of Kirkwood, Missouri. This Map, together with all explanatory data thereon, including all changes thereof as hereinafter provided, shall be incorporated and made a part of this Code.
(b)
The Official Zoning Map shall be properly attested and shall be on file with the City Clerk of the City of Kirkwood, Missouri.
(c)
The boundaries of the districts are shown on the Official Zoning Map of the City of Kirkwood, which may be amended from time to time and which is hereby incorporated as if fully set forth herein.
§ 25-32 Interpretation of zoning district boundaries.
[Ord. No. 10702, 2-18-2021]
The boundaries of the zoning districts are shown upon the Official Zoning Map. When uncertainty exists with respect to the boundaries of zoning districts as shown on the Official Zoning Map, the following rules shall apply:
(a)
Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.
(b)
Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines, or highway right-of-way lines, such center lines, street lines, or highway right-of-way lines shall be construed to be such boundaries.
(c)
Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale shown on said Zoning Map.
(d)
Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the center of the right-of-way of said railroad line unless otherwise indicated.
(e)
Where the boundary of a district follows a stream, lake or other body of water, said boundary line shall be deemed to be at the center of such stream, lake or other body of water or at the limit of the jurisdiction of the City of Kirkwood unless otherwise indicated.
§ 25-33 Zoning for annexation or vacation.
[Ord. No. 10702, 2-18-2021]
(a)
Annexation.
(1)
Whenever an area is annexed to the City of Kirkwood, or any other city shall merge with the City of Kirkwood, the zoning in place at the time of such annexation or merger will remain in force over the annexed or merged area, whether the zoning complies with the provisions of this Code and regulations of the City of Kirkwood or not; or
(2)
If no such zoning regulations were in force, the annexed area or merged area shall be zoned as an R-1 District pursuant to the provisions of this Code for a period of six months from the date of the annexation or the date of the merger, after which time only zoning regulations enacted after the date of annexation or merger shall be applicable.
(b)
Vacation.
(1)
Whenever any street, alley, public way, railroad right-of-way, waterway or other similar area is vacated by proper authority, the districts adjoining each side of such street, alley, public way, railroad right-of-way, or similar area shall be extended automatically to the center of such vacation and all areas included in the vacation shall then and thenceforth be subject to all appropriate regulations of the extended districts.
(2)
In the event of a partial vacation, the adjoining district, or district nearest the portion vacated, shall be extended automatically to include all the vacated area.
§ 25-34 District purposes and regulations.
[Ord. No. 10702, 2-18-2021]
The following are the purpose statements for each of the established base zoning districts along with district-specific regulations.
(a)
Single-Family Residential District (R-1). The purpose of this district is to encourage and preserve low-density, detached, single-family residential and allow for certain neighborhood facilities, such as places of worship, parks, and schools, that are not detrimental to the residential environment.
(b)
Single-Family Residential District (R-2). The purpose of this district is to encourage and preserve medium-low density, detached, single-family residential and allow for certain neighborhood facilities, such as places of worship, parks, and schools, that are not detrimental to the residential environment.
(c)
Single-Family Residential District (R-3). The purpose of this district is to encourage and preserve medium-density, detached, single-family residential and allow for certain neighborhood facilities, such as places of worship, parks, and schools, that are not detrimental to the residential environment.
(d)
Single-Family Residential District (R-4). The purpose of this district is to encourage and preserve high-density, detached, single-family residential and allow for certain neighborhood facilities, such as places of worship, parks, and schools, that are not detrimental to the residential environment.
(e)
Missing Middle Residential District (R-MM). The purpose of this district is to allow for small-scale, multifamily residential uses which provide a transition from detached single-family home districts and more intense districts, multifamily projects, or commercial districts. This district may also be appropriate along major thoroughfares and at major intersections.
(f)
Multifamily Residential District (R-5). The purpose of this district is to allow for multifamily residential uses which provide a transition from single-family residential districts and small-scale multifamily residential uses to nonresidential districts. This district may also be appropriate along major thoroughfares and at major intersections.
(g)
Planned Multifamily Residential District (R-6).
(1)
Purpose. This district seeks to provide a means of achieving greater flexibility in development of land for multifamily residential structures designed solely for the elderly (55 years old or older) and/or the physically or mentally challenged and related accessory structures.
(2)
Development plan approval required. No development or redevelopment of the property encompassed by the Planned Multifamily Residential District (R-6) designation shall take place until the proposed development has received an approved development plan and site plan in accordance with § 25-18.
(3)
Development standards. A building or premises shall be used only for multifamily residential structures designed solely for the elderly and/or the physically or mentally challenged and related accessory structures.
(h)
Neighborhood Business District (B-1).
(1)
Purpose. This district seeks to encourage commercial services and shopping that serves the neighboring residential districts.
(2)
District specific regulations.
(i)
A building or premises shall be used only for the permitted purposes and, except for motor vehicle off-street parking and loading facilities, all activities relating to any such use shall be conducted wholly within an enclosed building, unless as specifically permitted herein; or upon City Council approval of a special use permit specifying such outdoor use; or
(ii)
Upon application approved by the City Council for a temporary unenclosed use that may be permitted from time to time after application is made to and approved by the City Council and after a finding by the City Council that the general welfare is not adversely affected.
(iii)
Deliveries may not occur between the hours of 11:00 p.m. and 7:00 a.m.
(i)
Central Business District (B-2).
(1)
Purpose. This district seeks to encourage mixed-use development with commercial services, retail facilities, and residential uses that complement each other and attract customers from outside the district.
(2)
District specific regulations.
(i)
A building or premises shall be used only for the permitted purposes and, except for motor vehicle off-street parking and loading facilities, all activities relating to any such use shall be conducted wholly within an enclosed building, unless as specifically permitted herein; or upon City Council approval of a special use permit specifying such outdoor use; or
(ii)
Upon application approved by the City Council for a temporary unenclosed use that may be permitted from time to time after application is made to and approved by the City Council and after a finding by the City Council that the general welfare is not adversely affected.
(3)
Development plan approval required for mixed-use. No development or redevelopment of properties for mixed-use buildings in the B-2 District shall take place until the proposed development has received an approved development plan and site plan in accordance with § 25-18.
(4)
Mixed-use development standards.
(i)
The City Council may establish a list of specific types of nonresidential uses that are allowed to locate within any approved mixed-use building. If the City Council does not establish said list, the permitted uses shall be governed by the B-2 District regulations.
(ii)
Commercial uses, other than home occupations, as defined in this Code, are not permitted in residential units that were approved for residential use as part of a mixed-use building.
(iii)
Single building developments.
a.
The entire ground story shall consist of nonresidential uses. Utility, service, and parking (garage) uses may be provided on the ground floor, but only to the rear of an active commercial use, or if designed to have a minimum impact on the commercial frontage.
[Ord. No. 10813, 7-6-2023]
b.
Residential uses shall only be permitted on or above the second story of the building.
(iv)
Multiple building developments.
a.
A minimum of 20% and maximum of 40% of the total gross floor area of all buildings shall be provided as nonresidential uses.
b.
In buildings which contain nonresidential uses, the entire ground story shall consist of nonresidential uses. Utility, service, and parking (garage) uses may be provided on the ground floor, but only to the rear of an active nonresidential use.
c.
The second and above stories may be nonresidential or residential uses.
(j)
Highway Business District (B-3)
(1)
Purpose. This district seeks to encourage commercial services and retail facilities that serve customers traveling major streets.
(2)
District specific regulations.
(i)
A building or premises shall be used only for the permitted purposes and, except for motor vehicle off-street parking and loading facilities, all activities relating to any such use shall be conducted wholly within an enclosed building, unless as specifically permitted herein; or upon City Council approval of a special use permit specifying such outdoor use; or
(ii)
Upon application approved by the City Council for a temporary unenclosed use that may be permitted from time to time after application is made to and approved by the City Council and after a finding by the City Council that the general welfare is not adversely affected.
(k)
Planned Commercial District (B-4).
(1)
Purpose. This district seeks to encourage more intense commercial uses and multiple uses in one or more buildings on a single lot and provides targeted flexibility, at the City Council's discretion, to accommodate such desired uses.
(2)
District specific regulations.
(i)
A building or premises shall be used only for the permitted purposes and, except for motor vehicle off-street parking and loading facilities, all activities relating to any such use shall be conducted wholly within an enclosed building, unless as specifically permitted herein; or upon City Council approval of a special use permit specifying such outdoor use; or
(ii)
Upon application approved by the City Council for a temporary unenclosed use that may be permitted from time to time after application is made to and approved by the City Council and after a finding by the City Council that the general welfare is not adversely affected.
(l)
Planned Commercial Development District (B-5).
(1)
Purpose. The purpose of the B-5 Development District is to provide a means of achieving greater flexibility in development of land for intensive single and mixed uses in a single or in multiple structures at suitable nodal locations within the City in a manner not possible in conventional zones, to encourage a more imaginative and innovative design of projects, to promote a more desirable community environment, and to retain maximum control over both the structure and future operation of the development.
(2)
District specific regulations.
(i)
A building or premises shall be used only for the permitted purposes and, except for motor vehicle off-street parking and loading facilities, all activities relating to any such use shall be conducted wholly within an enclosed building, unless as specifically permitted herein; or upon City Council approval of a special use permit specifying such outdoor use; or
(ii)
Upon application approved by the City Council for a temporary unenclosed use that may be permitted from time to time after application is made to and approved by the City Council and after a finding by the City Council that the general welfare is not adversely affected.
(3)
Development plan approval required. No development or redevelopment of the property encompassed by the B-5 District designation shall take place until the proposed development has received an approved development plan and site plan in accordance with § 25-18.
(4)
Development standards.
(i)
The City may, upon proper application, approve a B-5 District development for a site of at least 2.5 contiguous acres to facilitate the use of flexible techniques of land development and site design by providing relief from zoning requirements designed for conventional developments.
(ii)
Regulations are not intended to allow excessive densities, or the development of incompatible land uses, either within the development or as the development relates to the general neighborhood. Adequate services must support such intensive development or will be provided prior to occupancy.
(iii)
A B-5 District development will be approved only if the project is of exceptional design quality, if desirable amenities are an integral part of the development, and if the project can provide for adequate transition to adjacent neighborhood areas as further described in the district's development standards related to landscaping and architectural standards.
(m)
Light Industrial District (I-1).
(1)
Purpose. This district seeks to encourage light industrial uses and small-scale craft manufacturing which create a minimal amount of nuisance outside the structure and which are not noxious or offensive by reason of the emission of smoke, dust, fumes, gas odors, noises, or vibrations beyond the confines of the building and the premises upon which the building or buildings are situated.
(2)
District specific regulations.
(i)
A building or premises shall be used only for the permitted purposes and, except for motor vehicle off-street parking and loading facilities, all activities relating to any such use shall be conducted wholly within an enclosed building, unless as specifically permitted herein; or upon City Council approval of a special use permit specifying such outdoor use; or
(ii)
Upon application approved by the City Council for a temporary unenclosed use that may be permitted from time to time after application is made to and approved by the City Council and after a finding by the City Council that the general welfare is not adversely affected.
(n)
Floodplain District (F-1).
(1)
Purpose. This district is designed to meet the needs of the Meramec River to carry abnormal flows of water in time of flood, to prevent encroachments into the district which will unduly increase flood heights and damage, and to prevent the loss of life and excessive damage to property in the area of greatest flood hazard.
§ 25-35 Principal use regulations.
[Ord. No. 10702, 2-18-2021; Ord. No. 10778, 11-3-2022; Ord. No. 10788, 2-16-2023; Ord. No. 10847, 2-1-2024]
(a)
General provisions. Table 35-1 lists the principal uses allowed within all base zoning districts.
(b)
Explanation of Table of Permitted Uses.
(1)
Permitted uses.
(i)
A "P" indicates that a use type is allowed by right in the respective zoning district. Permitted uses are subject to all other applicable standards of this Code.
(2)
Permitted uses with standards.
(i)
A "PS" indicates that a use type is allowed by right in the respective zoning district if it meets the additional standards as identified in the last column of Table 35-1. Permitted uses with standards are subject to all other applicable standards of this Code.
(3)
Special uses.
(i)
An "S" indicates that a use may be permitted if approved through the special use permit review procedure (See § 25-20.). Special uses may be subject to use-specific standards as identified in the last column of Table 35-1. Special uses are subject to all other applicable standards of this Code.
(ii)
The existence or lack of additional use-specific standards in this Code shall not be implied to be the only standards the use is required to meet. Any special use listed in the table shall be subject to the general review standards for all special uses established in § 25-20(e).
(iii)
Where a use is listed as P/S or PS/S, there may be certain circumstances in which a special use approval may be required rather than the use being permitted or permitted with standards. The specific approval required shall be as established in the use-specific standards.
(5)
Use-specific standards.
(i)
The numbers contained in the "Use-Specific Standards" column are references to additional standards and requirements that apply to the use type listed. Standards referenced in the "Use-Specific Standards" column apply in all zoning districts unless otherwise expressly stated.
(ii)
Use-specific standards shall only apply if the use is permitted with standards (PS) or a special use (S).
(6)
Use determination and unlisted uses.
[Ord. No. 10862, 6-20-2024]
(i)
The Director of Public Services shall make the determination if a proposed use is permitted, permitted with standards, a special use, or a prohibited use under the provisions of this section.
(ii)
An applicant may appeal a determination by the Director of Public Services in accordance with § 25-25 or may seek a text amendment in accordance with § 25-17.
Table 35-1 Principally Permitted Uses in Base Zoning Districts | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Key: P = Permitted Use PS = Permitted Use with Standards S = Special Use | |||||||||||||||
Use | R-1 | R-2 | R-3 | R-4 | R-MM | R-5 | R-6 | B-1 | B-2 | B-3 | B-4 | B-5 | I-1 | F-1 | Use-Specific Standards See Section: |
Agricultural Uses | |||||||||||||||
Agricultural use | P | ||||||||||||||
Community garden | PS | PS | PS | PS | PS | PS | PS | § 25-36(b) | |||||||
Livestock facility, private | S | § 25-36(c) | |||||||||||||
Residential Uses | |||||||||||||||
Continuing-care retirement facility | S | S | S | S | § 25-36(d) | ||||||||||
Domiciliary home | S | S | S | S | S | S | S | ||||||||
Dwelling, multifamily | PS | PS | PS | PS | § 25-36(e) | ||||||||||
Dwelling, row | PS | PS | PS | § 25-36(f) | |||||||||||
Dwelling, single-family | P | P | P | P | P | P | |||||||||
Dwelling, two-family | PS | PS | PS | § 25-36(g) | |||||||||||
Group home | S | S | S | S | S | S | S | S | S | S | S | ||||
Nursing home | S | S | S | S | S | S | S | S | S | § 25-36(h) | |||||
Residential treatment facility | PS | PS | PS | PS | PS | PS | S | S | S | S | P | S | § 25-36(i) | ||
Residential use, upper floor | S | S | S | S | S | § 25-36(j) | |||||||||
Short-term rental | S | S | S | S | S | S | § 25-36(k) | ||||||||
Public, Institutional, and Recreational Uses | |||||||||||||||
Wireless communications infrastructure | See Article XI, Telecommunications. | ||||||||||||||
Bus passenger terminals | S | ||||||||||||||
Cemetery | S | S | S | S | S | S | § 25-36(l) | ||||||||
Country club | S | S | S | § 25-36(m) | |||||||||||
Housing for religious personnel | PS | PS | PS | PS | PS | PS | § 25-36(n) | ||||||||
Educational institution (higher education) | S | S | S | S | |||||||||||
Educational institution (preschool and K-12) | PS | PS | PS | PS | PS | S | S | S | S | S | § 25-36(o) | ||||
Funeral home service | P | P | P | P | P | ||||||||||
Fraternal organization or club | P | P | P | P | |||||||||||
Golf course | S | S | S | S | § 25-36(p) | ||||||||||
Government facility | P | P | P | P | P | P | P | P | P | P | P | P | P | ||
Hospital | S | S | S | ||||||||||||
Museum | S | S | S | S | S | S | S | S | S | ||||||
Outdoor recreation, public | PS | § 25-36(q) | |||||||||||||
Park or playground (publicly owned) | P | P | P | P | P | P | P | P | P | P | P | P | P | P | |
Place of worship | PS | PS | PS | PS | PS | PS | PS | S | S | S | S | S | § 25-36(r) | ||
Place of worship, administrative offices | P | P | P | P | P | P | |||||||||
Recreational development | P/S | P/S | P/S | P/S | P/S | P/S | P/S | P/S | P/S | P/S | P/S | § 25-36(s) | |||
Rescue facility, private | S | S | S | S | |||||||||||
Theater or art exhibition space, indoor | P | P | P | P | P | ||||||||||
Commercial, Office, and Mixed Uses | |||||||||||||||
Amusement facility, indoor | S | S | S | P | S | ||||||||||
Amusement facility, outdoor | S | S | S | S | |||||||||||
Animal facility, major | S | S | S | S | |||||||||||
Animal facility, minor | P | P | P | P | P | P | |||||||||
Catering establishment | P | P | P | P | P | P | |||||||||
Craft brewery, winery, or distillery | P | P | P | P | P | ||||||||||
Day-care center, adult | S | S | S | S | S | S | S | S | S | S | S | ||||
Day-care center, child | S | S | S | S | S | S | S | S | S | S | |||||
Financial institution | P | P | P | P | P | P | |||||||||
Gas/fuel station | S | S | S | § 25-36(t) | |||||||||||
Greenhouse, commercial | S | S | |||||||||||||
Hotel | P | P | P | P | |||||||||||
Liquor store | S | S | S | S | |||||||||||
Marijuana facility or medical marijuana facility | S | S | § 25-36(u) | ||||||||||||
Medical or dental facility | P | P | P | P | P | P | |||||||||
Motor vehicle repair shop, major | S | S | S | S | § 25-36(v) | ||||||||||
Motor vehicle repair shop, minor | S | S | S | S | § 25-36(w) | ||||||||||
Motor vehicle repair shop, minor (private) | S | § 25-36(w) | |||||||||||||
Office, general | S | P | P | P | P | P | P | ||||||||
Parking lot or structure | S | S | S | S | S | S | § 25-36(x) | ||||||||
Personal and commercial service | PS/S | PS | P | P | P | PS/S | § 25-36(y) | ||||||||
Restaurant | PS/S | P | P | P | P | § 25-36(z) | |||||||||
Retail business | PS/S | P | P | P | P | S | |||||||||
Tattoo studio | S | ||||||||||||||
Tobacco or vapor product store | S | S | S | S | S | ||||||||||
Vehicle sale and rental | S | S | S | S | |||||||||||
Vehicle wash | S | S | S | S | |||||||||||
Industrial Uses | |||||||||||||||
Central mixing plant | S | ||||||||||||||
Dry-cleaning plant | P | ||||||||||||||
Light manufacturing | P | ||||||||||||||
Research and development organization | P | ||||||||||||||
Self-storage facility | S | S | PS | ||||||||||||
Storage or warehousing firm, indoor | P | ||||||||||||||
Truck freight terminal | S | ||||||||||||||
Utility substation | S | S | S | S | S | S | S | S | S | S | S | S | S | ||
Wholesale business | P | ||||||||||||||
§ 25-36 Use-specific standards.
[Ord. No. 10702, 2-18-2021; Ord. No. 10712, 5-6-2021; Ord. No. 10718, 7-1-2021; Ord. No. 10778, 11-3-2022[1]; Ord. No. 10847, 2-1-2024; Ord. No. 10862, 6-20-2024; Ord. No. 10879, 11-21-2024; Ord. No. 10888, 1-9-2025]
(a)
Purpose and applicability.
(1)
This section provides site planning, development, and/or operating standards for certain land uses that are permitted with additional standards or as a special use in Table 35-1.
(2)
The land uses and activities covered by this section shall comply with the applicable standards for the specific use in all districts unless otherwise specified, in addition to all other applicable provisions of this Code.
(b)
Community garden.
(1)
Community gardens may only be permitted as a principal use of a property when the lot is owned by the City, county, state, or land bank approved by the City.
(2)
Community gardens are permitted in any yard.
(3)
The owner of the property shall have an established set of operating rules addressing the governance structure of the garden; hours of operation; maintenance and security requirements and responsibilities; and distribution of garden plots.
(4)
The name and telephone number of the owner and any person designated as the person in charge of the garden coordination along with a copy of the operating rules shall be kept on file with the Director of Public Services.
(5)
The site shall be designed and maintained so that water and fertilizer will not drain onto adjacent properties.
(6)
There shall be no retail sales on site, except for produce grown on the site.
(7)
Benches, bike racks, raised/accessible planting beds, picnic tables, garden art, and rain barrel systems are permitted.
(8)
The community garden may include one storage shed and one farm market per lot (not per individual garden plot) for the purposes of communal storage and/or communal sales of produce that is grown on-site. Said structures shall comply with the accessory structure regulations of the applicable district.
(c)
Livestock facility, private. The minimum lot area shall be 2.5 acres.
(d)
Continuing-care retirement facility The minimum lot area shall be 10 acres.
(e)
Dwelling, multifamily.
(1)
The maximum density shall be 14 dwelling units per acre unless located within the Downtown Master Plan Study Area, in which case the maximum density shall be 43 dwelling units per acre; however, said requirements may be modified subject to review by the Planning and Zoning Commission and approval by the City Council.
(2)
In the R-MM District, no lot shall contain more than six residential units.
(3)
In the B-2 District, unless otherwise approved as part of a mixed-use development, multifamily dwellings cannot be constructed on properties that are designated as Mandatory Commercial in the Downtown Master Plan & Parking Study’s Framework Plan. See Figure 36-A, below.
 |
Figure 36-A: Downtown Master Plan & Parking Study’s Framework Plan (Revised May 2021) |
(f)
Dwelling, row.
(1)
The maximum density shall be 14 dwelling units per acre unless located within the Downtown Master Plan Study Area, in which case the maximum density shall be 43 dwelling units per acre; however, said requirements may be modified subject to review by the Planning and Zoning Commission and approval by the City Council.
(2)
There shall be no more than eight dwelling units in any single building.
(3)
In the B-2 District, unless otherwise approved as part of a mixed-use development, row dwellings cannot be constructed on properties that are designated as Mandatory Commercial in the Downtown Master Plan & Parking Study's Framework Plan. See Figure 36-A in Section 25-36(e)(3).
(g)
Dwelling, two-family.
(1)
The minimum lot area per dwelling unit shall be 3,750 square feet.
(2)
In the B-2 District, unless otherwise approved as part of a mixed-use development, two-family dwellings cannot be constructed on properties that are designated as Mandatory Commercial in the Downtown Master Plan & Parking Study's Framework Plan. See Figure 36-A in Section 25-36(e)(3).
(h)
Nursing home. In residential zoning districts, the minimum lot area shall be three acres.
(i)
Residential treatment facility. In residential zoning districts, facilities shall not accommodate more than eight residents.
(j)
Residential use, upper floor. In the B-2 District, mixed-use buildings that contain residential uses on the upper floors built after November 15, 2012, are subject to development plan review pursuant to § 25-18.
(k)
Short-term rental.
(1)
Short-term rentals shall only be permitted in owner-occupied, detached single-family dwellings.
(2)
The owner of the dwelling to whom an occupancy permit has been issued shall maintain the short-term rental as his or her permanent residence and shall reside on the premises at the time that a short-term rental guest is present.
(3)
In the R-3, R-4, and R-5 Districts, no more than two bedrooms shall be rented to no more than four overnight guests at any particular time.
(4)
In the R-1 and R-2 Districts, no more than four bedrooms shall be rented to no more than eight overnight guests at any particular time.
(5)
Rooms shall be rented on a daily basis and for no more than 14 consecutive days and not more than 30 days in a calendar year to any particular guests.
(6)
If meals are provided to overnight guests, they may be provided without compliance with City regulations pertaining to restaurants.
(7)
There shall be no exterior evidence of such establishment, except one nonilluminated sign not exceeding two square feet that shall be attached to the building.
(8)
There shall be no accessory uses, structures, or buildings other than those that are customarily incidental and subordinate to a single-family dwelling as established in Article V, Accessory Uses and Structures.
(9)
Prior to renting or advertising the availability of the short-term rental, owners shall:
(i)
Obtain any necessary zoning approvals;
(ii)
Apply for and obtain an occupancy permit, which shall be valid for a period of 12 months, at the end of which term the owner shall be required to apply for a renewal of the occupancy permit for said permitted use;
(iv)
Provide the name, address, and telephone number of a local contact person who shall be available 24 hours per day, seven days a week, for the purpose of responding within 45 minutes to complaints regarding the condition, operation, or conduct of occupants of the short-term rental. Failure of the owner or local contact person to respond to calls or complaints shall be grounds for revocation of the business license.
(10)
Not more than one short-term rental shall be permitted on each block. The term "block" as used herein means on both sides of the street between two intersecting streets, or from an intersecting street to the dead end of a street.
(11)
Rooms shall not be rented to unaccompanied minors under 18 years of age.
(l)
Cemetery. The minimum lot area shall be 40 acres.
(m)
Country club. The minimum lot area shall be 75 acres when in conjunction with a golf course.
(o)
Educational institution (preschool and K-12).
(1)
For kindergarten and elementary schools, the minimum lot area shall be two acres plus one additional acre per 100 students over 200 students.
(2)
For middle schools, the minimum lot area shall be 10 acres plus one acre per 100 students.
(3)
For senior high schools, the minimum lot area shall be 15 acres plus one acre per 100 students.
(p)
Golf course. The minimum lot area shall be 75 acres.
(q)
Outdoor recreation, public. All structures shall be firmly anchored to prevent the structures from floating away during flooding events.
(r)
Place of worship.
(1)
In residential zoning districts, the minimum lot area shall be three acres.
(2)
In residential zoning districts, every building hereafter erected shall be on a lot having a minimum lot width of 200 feet.
(3)
There shall be a minimum forty-foot side yard setback required in the R-1 District and a thirty-foot side yard setback required in the R-2, R-3, R-4, or R-5 Districts for all places of worship.
(4)
In the B-1 Zoning District, the minimum lot area shall be 30,000 square feet.
(t)
Gas/fuel station. Gas/fuel stations shall be prohibited within the Downtown Master Plan Study Area.
(u)
Marijuana facility or medical marijuana facility.
(1)
Only a comprehensive marijuana dispensary, marijuana microbusiness dispensary, or medical marijuana dispensary may be considered as a special use in the B-3 District. Cultivation, dispensary, infused product manufacturing, and testing facilities may be considered as special uses in the I-1 District.
(2)
Such facility shall be initially located a minimum of 1,000 feet from a church, place of worship, elementary or secondary school as defined by the State, or child day-care center. Said distance shall be measured according to the published regulations issued by the State of Missouri.
(3)
Such facility shall be located a minimum of 1,000 feet from another marijuana facility or medical marijuana facility. Said distance shall be measured according to the published regulations issued by the State of Missouri.
(4)
The hours of operation of a comprehensive marijuana dispensary, marijuana microbusiness dispensary, or medical marijuana dispensary facility shall be between 8:00 a.m. and 9:00 p.m. daily.
(5)
Operations of cultivation, dispensing, manufacturing and testing facilities must be conducted entirely within an enclosed building, and consumption or smoking of marijuana products shall be prohibited on the premises.
(v)
Motor vehicle repair shop, major.
(1)
Major motor vehicle repair shops shall be prohibited within the Downtown Master Plan Study Area.
(2)
No vehicles awaiting body or major parts repair shall be located within the front yard of the lot or be visible from any right-of-way or adjacent property and must be completely screened from view.
(3)
The storage of nonoperational and/or disassembled vehicles for longer than a twenty-four-hour period shall be permitted if stored in the rear yard and screened by a solid wall or fence with a minimum height of six feet. No such vehicle shall be stored on-site for more than one month.
(4)
A motor vehicle repair shop, major, shall be further subject to the same requirements as a motor vehicle repair shop, minor, as established in § 25-36(w).
(5)
There shall be no wrecking or salvaging of parts from vehicles on the site.
(w)
Motor vehicle repair shop, minor.
(1)
Minor motor vehicle repair shops shall be prohibited within the Downtown Master Plan Study Area.
(2)
All repair and service of vehicles shall occur within a completely enclosed building.
(3)
No vehicles awaiting repair work shall be located within the front yard of the lot, and said vehicles shall be screened from view from any right-of-way or adjacent property as determined to be appropriate by the City Council through approval of a special use permit. This standard shall not apply to motor vehicle repair shop, minor (private).
(4)
All outdoor display and storage must be screened to their full height from view from adjacent property in the side and rear yard.
(5)
No off-site impacts regarding noise, odor, hazardous materials discharge or vibration shall occur on adjacent properties.
(6)
No storage of wrecked or salvage vehicles is permitted outside of a completely enclosed structure or building.
(7)
Vehicles being serviced or waiting for service shall be stored for no longer than 14 days on the site if in unenclosed areas.
(8)
All areas not paved or covered by the building shall be landscaped and maintained.
(9)
The storage and disposal of solid waste and recyclable materials, including used or discarded motor vehicle parts or equipment, and fluids, shall comply with all applicable federal, state, and local requirements.
(11)
Any facility conducting major repair work, including automobile body repair and painting, automobile glass work, automobile transmission work, automobile engine overhaul and repair, and radiator repair work shall be classified as "motor vehicle repair shops, major," and shall be subject to § 25-36(v).
(x)
Parking lot or structure. Parking lots or structures are prohibited within the Downtown Master Plan Study Area as a principal use.
(y)
Personal and commercial service.
(1)
In the B-1 District, the maximum size of any tenant occupied space shall not exceed 2,000 square feet. In the B-2 District, the maximum size of any occupied space shall not exceed 3,300 square feet.
(2)
In the B-1 District, establishments shall not operate between 11:00 p.m. and 7:00 a.m. Said hours of operation may be extended through approval of a special use permit.
(3)
In the I-1 District, such use is permitted only on lots with frontage or addresses on South Kirkwood Road, Grand Avenue and Prospect Avenue. On all other I-1 zoned lots such use shall be a special use requiring approval through the special use permit review procedure.
(cc)
Vehicle sale and rental. Vehicle sale and rental facilities shall be prohibited within the Downtown Master Plan Study Area.
(dd)
Vehicle wash. Vehicle wash facilities shall be prohibited within the Downtown Master Plan Study Area.
(ee)
Self-storage facility.
(1)
Self-storage facilities shall provide secured-access drive-through entrance and exit points.
(2)
All loading and unloading shall take place inside of the building.
(3)
The subject site shall not have direct access to a residential street.
(4)
There shall be no direct, exterior access to individual storage units.
(5)
In nonindustrial districts, the building shall be a minimum of 120,000 square feet.
(6)
In all districts except the I-1 District, the facility shall be constructed on a minimum five-acre planned development that incorporates at least 4,500 square feet of additional permitted and/or special uses.
(7)
In all districts except the I-1 District, the minimum structure setback from public rights-of-way directly adjacent to the subject site shall be 300 feet.
[1]
Editor's Note: This ordinance redesignated former Subsections (m) through (dd) as Subsections (n) through (ee).