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

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.

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.

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.

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.

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.

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.

Purpose. This district seeks to provide a means of achieving greater flexibility for multifamily developments in a single or in multiple structures at suitable locations within the City in a manner not possible in conventional zones. This district encourages a more imaginative and innovative design of projects that warrant flexibility in various development standards in order to promote a more desirable community environment through the approval of site-specific regulations. An R-7 District development is expected to be of exceptional design quality, may provide desirable amenities as part of the development, and should provide for adequate transition to adjacent neighborhood areas.

District Specific Regulations. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in the Zoning and Subdivision Code. Alternative requirements and additional conditions may be established in the planned district ordinance authorizing the establishment of an R-7 District. Unless set forth by the planned district site-specific ordinance, the development shall comply with development standards and other requirements in the Zoning and Subdivision Code. Development standards established in the planned district site-specific ordinance shall supersede any development standards required by any other regulation in the Zoning and Subdivision Code.

Concept Plan and Development Standards Approval Required. A request for a zoning map amendment to designate property as R-7 shall follow the procedure listed in § 25-17 and shall also be filed in conjunction with a concept plan that will depict the site layout for the planned district. Said plan, shall include, but not be limited to: proposed building areas and proposed structure setbacks; proposed parking areas and proposed parking setbacks; proposed landscape buffer areas; proposed open space percentage; proposed driveway locations; and other conceptual components necessary for consideration of the request as determined by the City. Open space shall exclude areas designed primarily for vehicular use and areas occupied by structures. Said request shall also be accompanied by a written request that includes the site-specific development standards being requested under the flexibility allowances of this district. At a minimum, said written request shall include information pertaining to:

Site Plan Approval Required. No development or redevelopment of the property encompassed by the Planned Multifamily Residential District (R-7) designation shall take place until the proposed development has received an approved major site plan in accordance with § 25-19(e) and that is consistent with the planned district site-specific ordinance.

Development Standards.

Purpose. This district seeks to encourage commercial services and shopping that serves the neighboring residential districts.

District specific regulations.

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.

District specific regulations.

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.

Mixed-use development standards.

Purpose. This district seeks to encourage commercial services and retail facilities that serve customers traveling major streets.

District specific regulations.

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.

District specific regulations.

Development plan approval required. No development or redevelopment of the property encompassed by the B-4 District designation shall take place until the proposed development has received an approved development plan and site plan in accordance with § 25-18.

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.

District specific regulations.

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.

Development standards.

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.

District specific regulations.

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.

District specific regulations. All activities within this district are subject to the requirements of Chapter 5, Article VI, Floodway/Floodplain Management.

Permitted uses.

Permitted uses with standards.

Special uses.

Prohibited uses.

Use-specific standards.

Use determination and unlisted uses.

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.

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.

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.

Community gardens are permitted in any yard.

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.

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.

The site shall be designed and maintained so that water and fertilizer will not drain onto adjacent properties.

There shall be no retail sales on site, except for produce grown on the site.

Benches, bike racks, raised/accessible planting beds, picnic tables, garden art, and rain barrel systems are permitted.

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.

Fences and walls shall be subject to the provisions of Chapter 5, Article IV, of the City of Kirkwood Municipal Code.

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.

In the R-MM District, no lot shall contain more than six residential units.

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.

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.

There shall be no more than eight dwelling units in any single building.

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 § 25-36(e)(3).

The minimum lot area per dwelling unit shall be 3,750 square feet.

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 § 25-36(e)(3).

Short-term rentals shall only be permitted in owner-occupied, detached single-family dwellings.

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.

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.

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.

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.

If meals are provided to overnight guests, they may be provided without compliance with City regulations pertaining to restaurants.

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.

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.

Prior to renting or advertising the availability of the short-term rental, owners shall:

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.

Rooms shall not be rented to unaccompanied minors under 18 years of age.

In addition to any vehicular parking required per § 25-65, one parking space shall be provided on site for each short-term rental room.

Such uses shall be regularly occupied by not more than 10 persons.

In the R-4 District, the minimum lot area shall be 15,000 square feet.

Every building hereafter erected shall be on a lot having a width of not less than 150 feet.

For kindergarten and elementary schools, the minimum lot area shall be two acres plus one additional acre per 100 students over 200 students.

For middle schools, the minimum lot area shall be 10 acres plus one acre per 100 students.

For senior high schools, the minimum lot area shall be 15 acres plus one acre per 100 students.

In residential zoning districts, the minimum lot area shall be three acres.

In residential zoning districts, every building hereafter erected shall be on a lot having a minimum lot width of 200 feet.

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.

In the B-1 Zoning District, the minimum lot area shall be 30,000 square feet.

Publicly owned facilities shall be permitted uses.

Privately owned facilities shall require an approval of a special use permit.

In residential districts, privately owned facilities shall have a minimum lot area of 15,000 square feet.

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.

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.

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.

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.

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.

Major motor vehicle repair shops shall be prohibited within the Downtown Master Plan Study Area.

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.

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.

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).

There shall be no wrecking or salvaging of parts from vehicles on the site.

Minor motor vehicle repair shops shall be prohibited within the Downtown Master Plan Study Area.

All repair and service of vehicles shall occur within a completely enclosed building.

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).

All outdoor display and storage must be screened to their full height from view from adjacent property in the side and rear yard.

No off-site impacts regarding noise, odor, hazardous materials discharge or vibration shall occur on adjacent properties.

No storage of wrecked or salvage vehicles is permitted outside of a completely enclosed structure or building.

Vehicles being serviced or waiting for service shall be stored for no longer than 14 days on the site if in unenclosed areas.

All areas not paved or covered by the building shall be landscaped and maintained.

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.

Outdoor solid waste and recyclable storage areas shall be screened in accordance with § 25-53.

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).

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.

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.

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.

The maximum size of any tenant space shall not exceed 5,000 square feet.

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.

The maximum size of any tenant space shall not exceed 15,000 square feet.

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.

A tattoo studio shall be located a minimum of 1,000 feet from any other tattoo studio.

Any tenant space containing a tattoo studio shall have a maximum first-floor street frontage of eight feet.

Self-storage facilities shall provide secured-access drive-through entrance and exit points.

All loading and unloading shall take place inside of the building.

The subject site shall not have direct access to a residential street.

There shall be no direct, exterior access to individual storage units.

In nonindustrial districts, the building shall be a minimum of 120,000 square feet.

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.

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.