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Lake Saint Louis City Zoning Code

CHAPTER 420

Use Regulations

Section 420.000 Purpose And Organization Of Chapter.

[Ord. No. 4190, 2-1-2021]
A. 
This Chapter identifies the land uses allowed in the City's zoning districts and establishes the use-specific standards that apply to certain uses. This Chapter is organized as follows:
1. 
Article II, Table of Allowed Uses, lists the uses allowed by zoning district and cross-references to use-specific standards.
2. 
Article III, Use-Specific Standards, establishes the unique standards applicable to certain land uses.
3. 
Article IV, Accessory Uses and Structures, establishes general standards applicable to uses and structures that are accessory to the principal use of the property and/or structure.
4. 
Article V, Temporary Uses and Structures, establishes general standards applicable to nonpermanent uses and structures.

Section 420.005 General.

[Ord. No. 4190, 2-1-2021]
A. 
Table 420.040, Table of Allowed Uses, lists the principal uses allowed within each base zoning district. Listed uses are defined in Section 410.100, Use Categories and Use Types.
B. 
Approval of a use listed in Table 420.040, Table of Allowed Uses, and compliance with applicable use-specific standards for that use, authorizes that use only. Development or use of a property for any other use not specifically allowed in Table 420.040, Table of Allowed Uses, and approved under the appropriate process, is prohibited.

Section 420.010 Use Categories And Use Types.

[Ord. No. 4190, 2-1-2021]
A. 
In Table 420.040, Table of Allowed Uses, land uses are classified by general use categories and specific use types based on common functional, product, or physical characteristics, such as the type and intensity of activity, the type of customers or residents, operation requirements, how goods or services are sold or delivered, and typical site conditions.
B. 
This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts.
C. 
This classification does not list every use or activity that may appropriately exist within the categories.
D. 
Certain uses may be listed in one category when they may reasonably have been listed in one (1) or more other categories.
E. 
The use categories are an indexing tool and are not regulatory.

Section 420.020 Explanation Of Use Permissions.

[Ord. No. 4190, 2-1-2021]
A. 
Permitted Use.
1. 
A "P" designation in Table 420.040, Table of Allowed Uses, indicates that the use is allowed by right in the respective zoning district. Permitted uses are approved administratively by the Community Development Director.
B. 
Special Use.
1. 
An "S" designation in Table 420.040, Table of Allowed Uses, indicates that the use is allowed in the respective zoning district only with approval of a special use permit (Section 405.170).
C. 
Prohibited Use.
1. 
A blank cell in Table 420.040, Table of Allowed Uses, indicates that the use is prohibited in the respective zoning district.
D. 
Use-Specific Standards.
1. 
Regardless of whether or not a use is allowed by right or with approval of a special use permit, additional standards may be applicable to that use. Such use-specific standards are identified and cross-referenced in Table 420.040, Table of Allowed Uses, and contained in Article III, Use-Specific Standards.
E. 
Number Of Principal Structures Or Uses Per Lot.
1. 
A development, structure, or lot may include multiple principal uses, including a combination of residential and nonresidential uses, provided that each use is either a permitted use or a special use in that zoning district, that a special use permit is obtained for any special use, and all use-specific standards applicable to each use are met.
2. 
Multiple principal structures may be permitted on a single lot, excluding detached houses, if each structure and site development complies with this Code.

Section 420.030 Use Determination And Unlisted Uses.

[Ord. No. 4190, 2-1-2021]
A. 
Determination Of Appropriate Use Category And Use Type.
1. 
The Community Development Director shall make the determination if a proposed use is a permitted use, a special use, or a prohibited use.
2. 
When a proposed land use is not listed in Table 420.040, Table of Allowed Uses, the use is prohibited unless the Community Development Director determines that the use is reasonably comparable to a use that is already listed.
3. 
In making such determination, the Community Development Director may consider information on the use available from third-party land use resources, such as the North American Industry Classification System (NAICS).
4. 
The Community Development Director shall also determine whether or not additional use-specific standards are necessary to reduce potential impacts to the surrounding properties or the community.
B. 
Notice Of Determination.
1. 
The Community Development Director shall send a written notification of the use category and use type determination to the applicant.
2. 
The use determination shall become effective immediately.
C. 
Post-Determination Actions.
1. 
Appeals of the Community Development Director's determination shall be made following the procedures under Section 405.240, Appeal of Administrative Enforcement.
2. 
If the determination of an appropriate use category and use type results in a finding that the use will be a common use or would create confusion by remaining unlisted, the Community Development Director may initiate an application for a text amendment (Section 405.090) to revise Table 420.040, Table of Allowed Uses, accordingly.
3. 
Until final action is taken on the text amendment application, the use determination by the Community Development Director shall be binding.

Section 420.040 Table Of Allowed Uses.

[Ord. No. 4190, 2-1-2021; Ord. No. 4254, 8-16-2021; Ord. No. 4379, 5-16-2022; Ord. No. 4413, 8-15-2022; Ord. No. 4451, 1-17-2023; Ord. No. 4480, 3-20-2023; Ord. No. 4488, 4-17-2023; Ord. No. 4577, 11-20-2023]
Table 420.040
Table of Allowed Uses
Key: P = Permitted, S = Special Use, A = Accessory Use, T = Temporary Use, Blank = Prohibited Use
Use
Zoning District
Use Standard Code Section
RR
R1
R2
R3
R4
R5
R6
MU
CO
C1
C2
LI
PA
Agriculture and Animal Uses
Agriculture
P
P
P
P
P
P
P
P
P
P
P
P
P
Section 420.060(A)
Animal grooming
P
P
P
Commercial horse stable
S
Kennel
S
S
S
Veterinary clinic and hospital
P
S
P
Residential Uses
Household Living
Detached house
P
P
P
P
P
P
P
Duplex
P
P
Townhouse
P
P
Multi-unit building
P
P
P
Section 420.070(A)
Multi-unit building, age-restricted
P
P
P
Section 420.070(A)
Section 420.070(B)
Mixed-use building
P
Section 420.070(C)
Group Living
Congregate care facility
S
S
S
S
S
Section 420.070(D)
Group home
P
P
P
P
P
P
P
Section 420.070(E)
Public, Institutional, and Civic Uses
Community and Cultural Facilities
Assembly
P
P
P
P
P
Civic building
P
P
P
P
P
Day-care center
S
S
S
S
S
S
S
Meeting facility
P
P
P
P
Membership club
P
S
P
P
Place of worship
P
P
P
P
P
P
P
P
P
P
P
P
P
Educational Facilities
School, post-secondary and vocational
P
P
P
P
P
School, primary and secondary
S
S
S
S
S
S
P
P
P
P
P
Health Care Facilities
Hospital
S
Medical or dental clinic
P
P
P
P
Treatment facility
S
S
S
S
Section 420.080(A)
Parks and Open Space
Park, playground, and open space
P
P
P
P
P
P
P
P
P
P
P
P
P
Cemetery, mausoleum, and columbaria
S
P
Commercial Uses
Automobile-Related Uses
Automobile wash
S
P
Automotive repair shop
S
P
Automotive sales or leasing
P
Commercial parking lot
S
P
Gasoline station
S
P
Section 420.090(A)
Motor vehicle sales or leasing
S
Food and Beverage Establishments
Bar, lounge, or tavern
P
P
P
P
Catering service
P
P
P
P
Microbrewery, microdistillery, or microwinery
P
P
P
P
Restaurant
P
P
P
P
Lodging Facilities
Hotel
P
P
P
P
Section 420.090(D)
Short-term rental
S
S
S
S
S
S
S
S
Maintenance and Repair Services
Repair facility, major
P
Repair facility, minor
P
P
P
Medical Marijuana Facilities and Marijuana Facilities
Comprehensive marijuana cultivation facility
P
Section 420.090(B)
Comprehensive marijuana dispensary facility
P
P
P
Section 420.090(B)
Comprehensive marijuana-infused products manufacturing facility
P
Section 420.090(B)
Marijuana testing facility
P
P
Section 420.090(B)
Medical marijuana cultivation facility
P
Section 420.090(B)
Medical marijuana dispensary facility
P
P
P
Section 420.090(B)
Medical marijuana-infused products manufacturing facility
P
Section 420.090(B)
Microbusiness dispensary facility
P
P
P
Section 420.090(B)
Microbusiness wholesale facility
P
Section 420.090(B)
Office, Business, and Professional Services
Automated teller machine (stand-alone)
P
P
P
Bank or financial institution
P
P
P
P
Office, general
P
P
P
P
P
Personal Services
Personal services
P
P
P
Tattoo and body piercing parlor
A
A
A
S
Section 420.090(E)
Recreation and Entertainment
Marina
P
Private golf course, tennis club, country club or clubhouse
S
S
S
S
S
S
S
P
Recreation facility, indoor
P
P
P
P
P
S
Recreation facility, outdoor
S
S
S
S
S
S
Retail Sales
Building materials and supply store
P
Convenience store
P
P
P
Equipment sales and rental
P
P
P
Grocery store
P
P
P
Landscape supply store
S
P
Garden supply store
P
P
Liquor store
P
P
Retail sales, general
P
S
P
P
Sexually Oriented Businesses
Sexually oriented business
S
Section 420.090(C)
Industrial Uses
Manufacturing and Production
Manufacturing, artisan
P
S
S
P
P
Manufacturing, light
S
S
P
Section 420.100(C)
Research and development
P
S
P
Section 420.100(D)
Storage, Distribution, and Warehousing
Contractor offices and outdoor storage yards
P
Section 420.150(J)
Data center
P
S
P
Section 420.100(A)
Self-storage facility
S
S
S
Section 420.100(B)
Storage, distribution, and warehousing
S
S
P
Section 420.100(E)
Utilities and Communications
Utilities
Utility, minor
P
P
P
P
P
P
P
P
P
P
P
P
P
Utility, major
S
S
S
Wireless Communications
Wireless facility
P
P
P
P
P
P
P
P
P
P
P
P
P
Section 420.110(A)
Wireless support structure
P
P
P
P
P
P
P
P
P
P
P
P
P
Section 420.110(A)

Section 420.050 Generally.

[Ord. No. 4190, 2-1-2021]
A. 
Applicability.
1. 
All uses subject to use-specific standards as indicated in Table 420.040, Table of Allowed Uses, shall comply with the standards in this Article.
2. 
Use-specific standards shall apply to all zoning districts where that use is permitted as indicated in Table 420.040, Table of Allowed Uses, unless specifically noted otherwise.
B. 
Conflicts.
1. 
Where a use-specific standard is imposed, it is to be followed in lieu of a general provision of this Code.
2. 
Where the use-specific standard does not address a required standard and it is otherwise contained in this Code, the standard in this Code shall be followed.
3. 
In the event of a conflict between the use-specific standards and other standards of this Code, the use-specific standards shall control.
C. 
Modifications And Waivers.
1. 
The standards of this Article may be waived or modified through one of the following procedures, except where an alternative procedure is specified in this Article:
a. 
Minor adjustment (Section 405.220).
b. 
Special use permit (Section 405.170).
c. 
Variance (Section 405.230).
d. 
Zoning Map amendment (Section 405.100) to planned unit development (Section 415.130).

Section 420.060 Agriculture And Animal Uses.

[Ord. No. 4190, 2-1-2021; Ord. No. 4254, 8-16-2021]
A. 
Agriculture.
1. 
RR Zoning District.
a. 
Commercial farming is only permitted on lots greater than ten (10) acres.
b. 
Vehicles and machinery that are customarily incidental to such uses are permitted.
c. 
Any feed lot, feeding floor or structure for housing of livestock or poultry shall be set back at least two hundred (200) feet from any property line.
d. 
The keeping of swine is prohibited.
e. 
Density of horses or ponies or cattle shall not exceed one (1) per grazing acre.
2. 
Other Zoning Districts.
a. 
Agriculture is permitted on developed or partially developed properties having been assessed as agricultural by the St. Charles County Assessor's Office in accordance with Section 220.230 of the Municipal Code.

Section 420.070 Residential Uses.

[Ord. No. 4190, 2-1-2021; Ord. No. 4413, 8-15-2022; Ord. No. 4451, 1-17-2023]
A. 
Multi-Unit Building.
1. 
A special use permit is required for the development of one (1) or more multi-unit buildings, totaling seventy-five (75) or more dwelling units in aggregate.
2. 
In the MU District, a special use permit is required for a change of use from hotel to multi-unit building.
B. 
Multi-Unit Building, Age-Restricted.
[Ord. No. 4577, 11-20-2023]
1. 
A special use permit is required for the development of one (1) or more age-restricted multi-unit buildings totaling seventy-five (75) or more dwelling units in aggregate.
2. 
All residents must be at least fifty-five (55) years of age. Building caretakers and medical support personnel are exempted from this age requirement.
3. 
In the MU District, a special use permit is required for a change of use from hotel to age-restricted multi-unit building.
C. 
Mixed-Use Building.
1. 
A special use permit is required for the development of one (1) or more mixed-use buildings totaling seventy-five (75) or more dwelling units in aggregate.
2. 
The maximum net density is specified in Table 420.070.C, Maximum Net Density for Mixed-Use Buildings.
Table 420.070.C
Maximum Net Density for Mixed-Use Buildings
Ground Floor Nonresidential Gross Floor Area
Maximum Net Density
(dwelling units per acre)
Less than 25%
18
25% to 49%
22
50% to 74%
26
75% or more
30
3. 
In the MU District, a special use permit is required for a change of use from hotel to multi-unit dwellings within a mixed-use building.
D. 
Congregate Care Facility.
1. 
The maximum net density is eighteen (18) dwelling units per acre.
2. 
The minimum dwelling unit size is six hundred (600) square feet.
E. 
Group Home.
1. 
No more than eight (8) unrelated mentally or physically handicapped persons may reside in any individual group home.
2. 
Two (2) additional persons acting as houseparents or guardians, who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home, may also reside on the premises.
3. 
The exterior appearance of any group home and property shall be in reasonable conformance with scale, massing, appearance, site design, architecture, other characteristics and general neighborhood standards of the area within which the group home is located, as determined by the Community Development Director.
4. 
No group home may be established on any lot which is adjacent to any portion of the lot line of any existing group home, whether such existing group home is located within or outside the City.
5. 
No group home which is owned or operated in whole or in part by an affiliated person or entity that owns or operates, in whole or in part, an existing group home may be located on the same or opposite side of the street upon which such an existing affiliated group home has any frontage within the same block as the existing affiliated group home, whether such existing affiliated group home is located within or outside the City.

Section 420.080 Public, Institutional, And Civic Uses.

[Ord. No. 4190, 2-1-2021]
A. 
Treatment Facility.
1. 
In residential facilities, no more than twenty (20) persons per net acre shall reside in the building at any one time.
2. 
The exterior appearance of the treatment facility shall reasonably conform to the exterior appearance of other dwellings and/or structures in the vicinity.
3. 
A treatment facility shall not be located closer than one thousand (1,000) feet to any other substance abuse treatment facility.

Section 420.090 Commercial Uses.

[Ord. No. 4190, 2-1-2021]
A. 
Gasoline Stations.
1. 
Use Restrictions.
a. 
Hours of operations shall be approved as a part of the special use permit procedure, if required.
b. 
The total gasoline/fuel storage capacity of each station shall not exceed sixty thousand (60,000) gallons.
c. 
Within enclosed buildings, the sale of automotive accessories, automotive products or additives and miscellaneous food, magazines, video rentals, beverages and other items serving the convenience of the motorist public shall be permitted.
d. 
Facilities for lubrication, battery and brake service, tire repair, minor adjustments, repairs and mechanical washing facilities are permitted.
e. 
No more than three (3) service bays are permitted.
f. 
Facilities for painting, auto-body work, steam cleaning, major auto repairs, utility truck and trailer rental are prohibited.
g. 
When a station becomes vacant for any reason for a period exceeding one (1) year, the property owner shall be required to remove or improve the station. All flammable material, storage tanks and/or storage areas shall be removed or secured in a manner approved by the City.
2. 
Locational Restrictions.
a. 
Gasoline stations shall be located adjacent to freeway interchanges or on arterial and collector roads that connect directly to an interchange.
b. 
Gasoline stations shall not be permitted on any lot located within two hundred (200) feet of any existing residential use, place of worship, health care facility, or school. Such distance shall be measured from the property line of the gasoline station to the closest property line of the residential use, place of worship, health care facility, or school.
c. 
On a divided arterial road, a maximum of two (2) gasoline stations may be allowed at a four-corner intersection, regardless of their distance from one another.
3. 
Dimensional Standards.
a. 
The maximum lot coverage is seventy percent (70%).
b. 
Except for entrances and exits, all pavement, including drive aisles and parking spaces, shall be set back a minimum of ten (10) feet from all property lines.
4. 
Multi-Pump Dispensers, Service Islands and Canopies.
a. 
One (1) multi-pump dispenser is permitted for every three thousand six hundred thirty (3,630) square feet of lot area, not to exceed eighteen (18) total.
b. 
All multi-pump dispensers shall be mounted on raised, concrete service islands and be covered with a canopy.
c. 
The following minimum setback requirements shall apply:
Table 420.090.A.4
Multi-Pump Dispensers, Service Islands and Canopies Setbacks
Use
Front
(feet)
Side
(feet)
Rear
(feet)
Other
(feet)
Multi-pump dispenser
20
20
35
25 between multi-pump dispensers located in the same service island
Service island
None
None
None
20 between service islands
Canopy
15
10
10
None
Canopy support posts
20
None
None
None
5. 
Outdoor Displays.
a. 
Storage of all merchandise shall be within an enclosed building except as permitted for limited time periods by the Community Development Director and in conformance with the following standards:
(1) 
Displays shall not be located within a service island area.
(2) 
Only automotive petroleum products and additives and supplies may be displayed next to a service island.
(3) 
In all cases, said promotional displays shall not impede pedestrian ingress, egress or vehicular traffic site lines.
(4) 
All such items shall be displayed no closer than twenty (20) feet from any property line.
6. 
Accessory Buildings.
a. 
Accessory buildings or structures shall not be permitted except for mechanical car wash, service island, canopies and trash enclosures.
7. 
Landscaping.
a. 
In addition to the landscape regulations in Chapter 425, Article II, the following landscape regulations shall apply to gas station developments:
(1) 
The entire landscaped area shall be separated from the paved area by a six-inch vertical concrete curb.
(2) 
All areas not required to be paved shall be required to be landscaped with a mixture of trees and grass and any combination of trees, shrubs, flowers, grass or other living ground cover to reduce or slow water runoff, restrict blowing trash, and deter improper and unsafe access and site use by the public.
(3) 
Landscaped areas shall not be used for the purpose of storing vehicles, trailers or other equipment.
(4) 
Irrigation systems shall be installed in landscaped areas.
B. 
Medical Marijuana Facilities And Marijuana Facilities.
[Ord. No. 4480, 3-20-2023]
1. 
Purpose And Intent.
a. 
The purpose of this Subsection is to regulate the placement and operation of facilities for the dispensing, selling, cultivating, manufacturing, storing, and testing of marijuana and marijuana-infused products, to the extent permitted by the Missouri Constitution, applicable statutes enacted by the General Assembly, and regulations promulgated by the Missouri Department of Health and Senior Services, and to protect the health, safety, and welfare of the residents, businesses, and property owners in the City.
2. 
Definitions.
a. 
The applicable definitions in Chapter 410, Definitions and Interpretations, shall apply in interpretation and enforcement of this Subsection, unless otherwise specifically stated. Terms not expressly defined in this Code shall have the meaning set forth in Mo. Const. Art. XIV, Section 1(2), relating to access to medical marijuana, or Mo. Const. Art. XIV, Section 2(2) relating to marijuana legalization, if defined therein.
3. 
Licensing Requirements.
a. 
No medical facility or marijuana facility shall be operated within the City without a valid license issued by the Missouri Department of Health and Senior Services.
b. 
No marijuana or marijuana-infused products shall be acquired, certified, cultivated, delivered, manufactured, processed, sold, stored, tested, or transported within the City, except by persons or entities licensed for such purposes by the Missouri Department of Health and Senior Services.
c. 
Each medical facility or marijuana facility shall at all times possess a current City business license. By obtaining a City business license, the facility licensee irrevocably consents to the immediate closure and cessation of operation of the facility in addition to all other penalties or remedies available by law for the failure to possess a current City business license.
4. 
Location Limitations.
a. 
No medical facility or marijuana facility shall be located within the following:
(1) 
One thousand (1,000) feet of a place of worship, primary or secondary school, or child day-care center.
(2) 
One thousand (1,000) feet of another medical facility or marijuana facility except when marijuana sales represent less than five percent (5%) of the dollar volume of business in a State or Federally licensed pharmacy. Facilities under the same ownership and on the same property are exempt from this requirement.
(3) 
One thousand (1,000) feet of a public park or public recreational facility.
(4) 
Five hundred (500) feet of a residential zoning district.
b. 
Measurements.
(1) 
The distances described in Subsection (B)(4)(a)(1) shall be computed as follows:
(a) 
In the case of a freestanding medical facility or marijuana facility, the distance between the facility and the place of worship, primary or secondary school, or child day-care center shall be measured from the external wall of the facility structure closest in proximity to the place of worship, primary or secondary school, or child day-care center to the closest point of the property line of the place of worship, primary or secondary school, or child day-care center.
(b) 
In the case of a medical facility or marijuana facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the place of worship, primary or secondary school, or child day-care center shall be measured from the property line of the place of worship, primary or secondary school, or child day-care center to the facility's entrance or exit closest in proximity to the place of worship, primary or secondary school, or child day-care center.
(c) 
In either case, if the place of worship, primary or secondary school, or child day-care center 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 place of worship, primary or secondary school, or child day-care center closest in proximity to the facility.
(d) 
Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
(2) 
The distances described in Subsections (B)(4)(a)(2), (B)(4)(a)(3) and (B)(4)(a)(4) shall be computed by direct measurement from the nearest property line to the nearest portion of the building housing the medical facility or marijuana facility, using a straight line.
(3) 
The distances described herein may be reduced by the Board of Aldermen, upon recommendation of the Planning and Zoning Commission, and in such instances, approval of a special use permit is required in accordance with Section 405.170.
5. 
Operation Limitations.
a. 
A medical marijuana dispensary facility, comprehensive marijuana dispensary facility, or microbusiness dispensary facility may open no earlier than 8:00 A.M. and shall close no later than 10:00 P.M. the same day. A medical marijuana dispensary facility, comprehensive marijuana dispensary facility, or microbusiness dispensary facility may be open seven (7) days a week.
b. 
No medical facility or marijuana facility shall emit an odor that may constitute a public nuisance as defined in Chapter 220 of the Municipal Code, Nuisances. Appropriate ventilation systems to mitigate odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.
c. 
The consumption, inhalation or other personal use of marijuana or marijuana-infused products on or within the premises of a medical facility or marijuana facility is prohibited.
d. 
The consumption, inhalation or other personal use of marijuana or marijuana-infused products on or within the premises of a marijuana testing facility is permitted during the testing process and only as it relates to the testing process.
C. 
Sexually Oriented Businesses.
1. 
No sexually oriented business shall be permitted within one thousand two hundred (1,200) feet of any place of worship, school, public park or any property zoned for residential use, or any City boundary. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the establishment to the closest point on any property line of the religious institution, school, public park, or the property zoned for residential use, or to the closest point of the City boundary.
2. 
No sexually oriented business shall be allowed to locate or expand within one thousand (1,000) feet of any other sexually oriented business or of any business licensed to sell or serve alcoholic beverages, whether or not such business is also a sexually oriented business. Such distances shall be measured in a straight line without regard to intervening structures from the closest exterior structural wall of each business.
3. 
The facility in which the use is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian, sidewalk, walkway, street or other public area.
4. 
No merchandise, symbol, or pictures of products or entertainment on the premises shall be displayed in window areas or on any sign or any area where such merchandise or pictures can be viewed from the exterior of the building. No flashing lights and/or lighting which leaves the impression of motion or movement shall be permitted.
5. 
No sexually oriented business shall operate or take place partially or totally outside the establishment.
D. 
Lodging Facilities.
[Ord. No. 4451, 1-17-2023]
1. 
Hotel.
a. 
In the MU District, a special use permit is required for a change of use from multi-unit building, age-restricted multi-unit building, or multi-unit dwellings within a mixed-use building to hotel.
E. 
Personal Services.
[Ord. No. 4488, 4-17-2023]
1. 
Tattoo And Body Piercing Parlors.
a. 
Location Limitations.
(1) 
No tattoo and body piercing parlor shall be located within the following:
(a) 
Seven hundred fifty (750) feet of a place of worship, primary or secondary school, or child day-care center.
(b) 
Seven hundred fifty (750) feet of a public park or public recreational facility.
(c) 
Five hundred (500) feet of a residential zoning district.
(2) 
Such distances shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the establishment to the closest point on any property line of the place of worship, school, day-care center, public park or public recreational facility, or the property zoned for residential use.
b. 
Accessory Uses And Exceptions.
(1) 
In the MU, C1, and C2 Districts, only permanent cosmetics are permitted as an accessory use to another personal service business in a related industry, including spas, salons, and other similar facilities.
(2) 
Stores or other retail facilities that provide ear piercing as a service accessory to and complementary to the sale of earrings shall not be classified as tattoo and body piercing parlors.
(3) 
Accessory uses are not subject to the location limitations in Section 420.090(E)(1)(a).

Section 420.100 Industrial Uses.

[Ord. No. 4190, 2-1-2021; Ord. No. 4379, 5-16-2022]
A. 
Data Center.
1. 
In the CO Zoning District, data centers with a building footprint greater than fifty thousand (50,000) square feet require approval of a special use permit.
2. 
In the C2 Zoning District, the minimum lot area for any lot containing this use type is seven (7) acres.
B. 
Self-Storage Facility.
1. 
In the LI Zoning District, self-storage facilities shall be comprised of brick, stone or decorative masonry material for one hundred percent (100%) of the facade(s) facing a public street and/or facing any residential area.
2. 
In the C1 and C2 Zoning Districts, self-storage facilities shall be fully enclosed and individual storage units shall only be accessible from indoors.
3. 
No outdoor storage of commercial vehicles, heavy equipment, machinery, or recreational vehicles is permitted.
C. 
Manufacturing, Light.
1. 
In the C2 Zoning District, the minimum lot area for any lot containing this use type is seven (7) acres.
D. 
Research And Development.
1. 
In the C2 Zoning District, the minimum lot area for any lot containing this use type is seven (7) acres.
E. 
Storage, Distribution, And Warehousing.
1. 
In the CO and C2 Zoning Districts, the minimum lot area for any lot containing this use type is seven (7) acres.

Section 420.110 Utilities And Communications.

[Ord. No. 4190, 2-1-2021]
A. 
Wireless Communications.
1. 
Purpose.
a. 
The purposes of these regulations are to regulate the placement and construction of wireless facilities and wireless support structures in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless communications marketplace in the City. Specifically, these regulations are intended to:
(1) 
Provide for the appropriate location and development of wireless communication infrastructure to serve the citizens and businesses of the City;
(2) 
Minimize adverse visual impacts of wireless facilities and wireless support structures through careful design, siting, landscape screening and innovative camouflaging techniques;
(3) 
Ensure that any new support structure is located in an area compatible with the neighborhood or surrounding community to the extent possible;
(4) 
Encourage the use of disguised support structures so as to ensure the architectural integrity and the scenic qualities of areas within the City;
(5) 
Ensure that regulation of wireless facilities does not have the effect of prohibiting the provision of personal wireless services and does not unreasonably discriminate among providers of functionally equivalent services; and
(6) 
Comply with applicable law including the Federal Telecommunications Act of 1996, 47 U.S.C. § 332 and the Missouri Uniform Wireless Communications Infrastructure Deployment Act, Section 67.5090 et seq., RSMo.
2. 
Applicability.
a. 
Except as otherwise noted, the requirements herein shall apply to all wireless facilities and wireless support structures as defined in Section 410.100. The following are exempt from the regulations of this Subsection to the extent indicated:
(1) 
Parabolic or other similar antennas not exceeding one (1) meter in diameter, regardless of zoning district.
(2) 
Parabolic or other similar antennas not exceeding two (2) meters in diameter in nonresidential and mixed-use zoning districts.
(3) 
Antennas designed to receive local television broadcast signals, regardless of zoning district.
(4) 
Low-powered networked communications facilities, such as micro-cell radio transceivers located on existing utility poles and light standards within public rights-of-way.
(5) 
Send and receive citizen band radio antennas or antennas operated by Federally licensed amateur (ham) radio operators.
(6) 
Industrial, scientific and medical equipment using frequencies regulated by the FCC.
(7) 
Military, Federal, State or local government wireless facilities and wireless support structures used exclusively for navigational purposes, emergency preparedness, and public safety purposes.
3. 
Definitions.
a. 
Any term not expressly defined in Chapter 410, Definitions and Interpretations, shall have the meaning set forth in Sections 67.5090 through 67.5104, RSMo.
4. 
General Standards.
a. 
Principal Or Accessory Use.
(1) 
Wireless facilities and wireless support structures may be either a principal use or accessory use in all zoning districts, subject to any applicable zoning district requirement relating to location or setback.
b. 
Regulatory Compliance.
(1) 
All wireless facilities and wireless support structures shall meet or exceed current standards and regulations of the FAA, FCC and any other governmental agency with the authority to regulate such facilities and wireless support structures.
(2) 
Should such standards or regulations be amended, then the owner shall bring such facilities and wireless support structures into compliance with the revised standards or regulations within six (6) months of the effective date of the revision, unless an earlier date is mandated by the controlling agency.
c. 
Building Codes, Safety Standards And Zoning Compliance.
(1) 
To ensure the structural integrity of wireless facilities and wireless support structures, such facilities and support structures shall be constructed and maintained in compliance with all standards contained in any State or local Building Code, and National Electric Safety Codes, as amended from time to time.
(2) 
In addition to any other approvals required hereunder, no wireless facilities and wireless support structures shall be erected prior to the issuance of a building permit.
d. 
Removal Of Antenna Support Structures.
(1) 
Any wireless facility or support structure no longer used for its original communications purpose shall be removed at the owner's expense.
(2) 
The owner and applicable co-users shall provide the City with a copy of any notice to the FCC of intent to cease operations and shall have ninety (90) days from the date of ceasing operations to remove the facility and/or support structure.
(3) 
In the case of co-use, this provision shall not become effective until all users cease operations.
(4) 
Any wireless support structure, or the upper portion of any wireless support structure, which is occupied by an inactive antenna for a period of six (6) months shall be deemed a nuisance and shall be removed by the City at the owner's expense.
e. 
Unlawful Operation Of Wireless Facilities Or Wireless Support Structures.
(1) 
Notwithstanding any right that may exist for a governmental entity to operate or construct a wireless facility or support structure, it shall be unlawful for any person to erect or operate for any private commercial purpose any new wireless facility or support structure in violation of this Subsection, regardless of whether such facility or support structure is located on land owned by a governmental entity.
f. 
Design Standards.
(1) 
Color And Finish.
(a) 
Wireless facilities and wireless support structures, except disguised support structures, shall maintain a galvanized steel finish or, subject to the requirements of the FAA and/or any applicable governmental agency, be painted a neutral color consistent with the natural or built environment of the site.
(b) 
Wireless facilities other than antennas shall have an exterior finish compatible with the natural or built environment of the site.
(c) 
Wireless facilities mounted on a building or a disguised support structure shall be of a color identical to or closely compatible with the surface to which they are mounted and should be made to appear as unobtrusive as possible by location as far away as feasible from the edge of a building.
(2) 
Height.
(a) 
Wireless facilities and wireless support structures mounted on the ground shall not exceed fifty (50) feet in height unless the applicant clearly demonstrates that such height is required for the proper function of the applicant's system or that of a public safety communication system of a governmental entity sharing the support structure.
i. 
Such showing must also be supported by the opinion of a consultant hired by the City at the expense of the applicant.
ii. 
The report of the consultant shall include a statement that no available alternatives exist to exceeding the height limitation or the reason why such alternatives are not viable.
(b) 
Wireless facilities installed on a building shall not exceed twenty (20) feet from the highest point of the building, other than for licensed amateur radio uses.
(3) 
Landscaping.
(a) 
Wireless facilities, wireless support structures and cabinets mounted on the ground shall be surrounded by a landscape strip of not less than ten (10) feet in width and planted with materials which will provide a visual barrier to a minimum height of six (6) feet at the time of installation.
(b) 
Such landscape strip shall be exterior to any security fencing.
(c) 
In lieu of the required landscape strip, a minimum six-foot-high decorative fence or wall may be approved upon demonstration by the applicant that an equivalent degree of visual screening is achieved.
(4) 
Location And Setbacks.
(a) 
Wireless support structures and wireless facilities shall comply with the minimum setback requirements for principal structures in the zoning district in which they are located.
(b) 
All wireless support structures shall be separated from any detached houses or duplexes a distance equal to the height of the wireless support structures.
(c) 
Ground anchors of all guyed wireless support structures shall be located on the same parcel as the wireless support structures and comply with the minimum setback requirements for principal structures.
(d) 
Subject to these regulations and to the extent required by Missouri Statutes, antennas shall be permitted in rights-of-way but not the rights-of-way the City acquired by fee. The City may impose market rate fees for use of rights-of-way.
(5) 
Parking And Storage.
(a) 
Vehicle or outdoor storage on the site of any wireless facility or wireless support structure is prohibited.
(b) 
On-site parking for periodic maintenance and service shall be provided at all locations as deemed necessary by the Community Development Director or by the Board of Aldermen in the case of a special use permit.
(6) 
Security.
(a) 
All wireless facilities and wireless support structures shall be protected from unauthorized access by appropriate security devices.
(b) 
A description of proposed security measures shall be provided as part of any application to install, build or modify wireless facilities and wireless support structures.
(c) 
Additional measures may be required as a condition of approval.
(7) 
Lighting.
(a) 
Wireless facilities and wireless support structures shall not be lighted unless required by the FAA or other governmental agency with authority to regulate. In such case, a description of the required lighting scheme shall be made a part of the application to install, build or modify the wireless facilities or wireless support structures.
(8) 
Advertising.
(a) 
Unless a wireless facility and/or wireless support structure is disguised in the form of an advertising device, such as a pylon sign or similar structure, the placement of advertising on support structures, cabinets or shelters regulated by this Section is prohibited.
5. 
Review Procedures And Requirements.
a. 
Time Limits.
(1) 
All applications regarding wireless facilities and wireless support structures shall be processed in accordance with the time limits established by Sections 67.5090 through 67.5103, RSMo.
b. 
Fees.
(1) 
Fees for applications regarding wireless facilities and wireless support structures shall not exceed the limits established by Sections 67.5090 through 67.5103, RSMo.
c. 
Permitted Uses.
(1) 
The following are permitted uses and may be approved administratively:
(a) 
Collocation And Replacement Of Existing Antennas. Applications shall be required to comply with all applicable State and local Building Codes, National Electric Safety Code, recognized industry standards for structural safety, capacity, reliability, and engineering, but shall not be required to comply with other zoning or land use requirements, including design or placement requirements.
(b) 
Mounting Of Antennas On Buildings Or Structures. The mounting of antennas on any building or structure, such as a water tower, provided that the presence of the antennas is concealed by architectural elements or camouflaged by painting a color identical to the surface to which they are attached.
(c) 
Disguised Support Structure. The construction of a disguised support structure, provided that all related equipment shall be placed underground when the structure is located on property zoned for residential use. Equipment may be placed in a cabinet if the disguised support structure is incidental to a multi-unit building, institutional, or nonresidential use.
(d) 
Wireless Facilities And Wireless Support Structures On Public Lands. The installation of wireless facilities or the construction of a wireless support structure on buildings or land owned by the Federal government, the State, a political subdivision of the State, or the City.
(e) 
Dual Solar Panel Antennas. The placement of dual solar panel antennas on wooden or steel utility poles, not to exceed forty (40) feet in height, provided that all related equipment is contained in a cabinet.
(f) 
Temporary Wireless Support Structures. Wireless support structures erected and maintained for a period not to exceed thirty (30) days for the purpose of replacing an existing wireless support structure, testing an existing or proposed network, or special events requiring mobile wireless support structures.
(g) 
Small Wireless Facilities. In accordance with Section 511.400, Small Wireless Facility Deployment, of the Municipal Code, and with the exception of those small wireless facilities meeting the criteria listed in Subsection (A)(5)(d)(1)(c).
d. 
Special Permit Uses.
(1) 
The following require approval of a special use permit in accordance with Section 405.170:
(a) 
All proposals to install, build or modify a wireless facility or wireless support structure not listed in Subsection (A)(5)(c).
(b) 
The mounting of a proposed wireless facility on a preexisting wireless support structure which, as applied to the structure as it was originally constructed:
i. 
Increases the existing vertical height of the structure by more than ten percent (10%); or the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; or
ii. 
Involves adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure more than twenty (20) feet or more than the width of the wireless support structure at the level of the appurtenance, whichever is greater (except where necessary to shelter the antenna from inclement weather or to connect the antenna to the wireless support structure via cable);
iii. 
Involves the installation of more than the standard number of new outdoor equipment cabinets for the technology involved, not to exceed four (4) new equipment cabinets; or
iv. 
Increases the square footage of the existing equipment compound by more than one thousand two hundred fifty (1,250) square feet.
(c) 
In accordance with Section 511.400, Small Wireless Facility Deployment, of the Municipal Code, small wireless facilities which meet the following criteria:
i. 
Small wireless facilities attached to an existing utility pole or wireless support structure and located on private property in the RR, R1, R2, R3, or R4 Zoning Districts; or
ii. 
Small cell wireless facilities attached to a new, replacement or modified pole and located on private property in the RR, R1, R2, R3, or R4 Zoning Districts; or
iii. 
Small cell wireless facilities attached to a new, replacement or modified pole and located in the right-of-way adjacent to property in the RR, R1, R2, R3, or R4 Zoning Districts; or
iv. 
Small cell wireless facilities attached to a new, replacement or modified pole and higher than fifty (50) feet above ground elevation and higher than ten (10) feet above the height of the tallest existing utility pole installed prior to January 1, 2019, located within five hundred (500) feet of the subject site.
(2) 
Review Criteria.
(a) 
Minimal height of the proposed wireless support structure, consistent with technical requirements of the wireless communication service.
(b) 
Maximum distance of the wireless support structure from residential structures and residential district boundaries.
(c) 
Utilization of surrounding topography to minimize visibility of the wireless support structure from existing and future residential areas and public streets.
(d) 
Utilization of surrounding tree coverage and foliage to minimize visibility of the wireless support structure from existing and future residential areas and public streets.
(e) 
Design of the wireless support structure, with particular reference to design characteristics that have the effect of the camouflaging facilities or otherwise reducing or eliminating visual obtrusiveness.
(f) 
Proposed ingress and egress.
(g) 
Compliance with other provisions of this Subsection.

Section 420.120 Purpose.

[Ord. No. 4190, 2-1-2021]
A. 
The purpose of this Article is to establish minimum standards for accessory uses and structures that are incidental and customarily subordinate to principal uses. These standards are established to minimize adverse impacts on surrounding properties and the community.

Section 420.130 Accessory Uses And Structures Allowed.

[Ord. No. 4190, 2-1-2021]
A. 
Unless expressly prohibited, accessory uses and structures are permitted in any zoning district in connection with any allowable principal use, and are subject to use-specific standards in Section 420.150, Additional Standards for Specific Accessory Uses and Structures.
B. 
Small accessory structures, such as doghouses, benches, garden decorations, mailboxes, and similar items, shall be exempt from the provisions of this Article, provided that they do not have a footprint that exceeds fifty (50) square feet.
C. 
Except as provided in this Code, the use of inflatable garages or storage structures, portable carports or garages that are not permanently anchored into a foundation, temporary structures, portable containers, shipping containers, and semi-tractor trailers used for storage (with or without wheels) shall not be used as permanent accessory structures in any zoning district.

Section 420.140 Standards For All Accessory Uses And Structures.

[Ord. No. 4190, 2-1-2021; Ord. No. 4716, 11-18-2024]
A. 
Ownership.
1. 
Accessory structures and uses shall be under the same ownership as the principal structure and use.
B. 
Relationship To Principal Uses And Structures.
1. 
Any accessory use or structure shall be conducted and located on the same lot as the principal use or structure.
2. 
Unless otherwise allowed by this Code, an accessory use or structure shall not be established prior to the establishment of the principal use or structure.
3. 
No accessory use or structure shall be allowed unless the principal structure or use is being used.
C. 
Standards.
1. 
Except as specifically stated in Table 410.130.G, Permitted Setback Projections, or elsewhere in this Code, accessory uses and structures shall be located in rear and side yards only and are subject to the same dimensional standards as required for principal structures.
2. 
On double-frontage lots, for the purposes of allowing accessory uses and structures which are permitted in the rear yard, the yard that is located to the rear of the principal structure shall be considered the rear yard, not the front yard.
3. 
No accessory structure shall exceed the size or height of the principal structure.
4. 
Outdoor storage is prohibited except as specifically stated in this Code.
5. 
All accessory structures that require a building permit shall be architecturally compatible with its associated principal structure and/or screened from view of abutting properties and public rights-of-way.

Section 420.150 Additional Standards For Specific Accessory Uses And Structures.

[Ord. No. 4190, 2-1-2021; Ord. No. 4588, 12-18-2023; Ord. No. 4717, 11-18-2024]
A. 
Generally.
1. 
Conflicts.
a. 
Where a use-specific standard is imposed, it is to be followed in lieu of a general provision of this Code.
b. 
Where the use-specific standard does not address a required standard and it is otherwise contained in this Code, the standard in this Code shall be followed.
c. 
In the event of a conflict between the use-specific standards and other standards of this Code, the use-specific standards shall control.
2. 
Modifications And Waivers.
a. 
The standards of this Article may be waived or modified through one (1) of the following procedures, except where an alternative procedure is specified in this Article:
(1) 
Minor adjustment (Section 405.220).
(2) 
Special use permit (Section 405.170).
(3) 
Variance (Section 405.230).
(4) 
Zoning Map amendment (Section 405.100) to planned unit development (Section 415.130).
B. 
Agricultural Structures.
1. 
Agricultural structures are permitted in the RR Zoning District.
2. 
Agricultural structures may be established prior to the establishment of the principal use or structure.
3. 
Agricultural structures may exceed the size or height of the principal structure.
4. 
Use of such structures is limited to the occupant(s) of the property.
5. 
Stables shall be set back a minimum of two hundred (200) feet from any property line.
6. 
Density of horses or ponies or cattle shall not exceed one (1) per grazing acre.
C. 
Residential Accessory Structures.
1. 
With the exception of detached garages and pool houses, accessory structures that are both enclosed and roofed, including but not limited to utility sheds, are not permitted in association with residential uses in the R1, R2, R3, R4, R5 and R6 Zoning Districts.
D. 
Caretaker's Residence.
1. 
A caretaker's residence is permitted in mixed-use and nonresidential zoning districts.
E. 
Donation Collection Bin.
1. 
Donation collection bins are permitted in the PA Zoning District.
F. 
Drive-Through/Drive-Up Facilities.
1. 
Drive-through/drive-up facilities are permitted in mixed-use and nonresidential zoning districts, and require approval of a special use permit when located in the MU Zoning District.
G. 
Fences.
1. 
Refer to Section 425.110, Fences.
H. 
Home-Based Businesses.
1. 
Limitations.
a. 
In addition to all use limitations applicable to the district in which it is located, no home-based business shall be permitted unless it operates as a no impact home-based business in compliance with the following provisions:
(1) 
The total number of employees and clients on-site at one (1) time does not exceed the occupancy limit for the residential dwelling.
(2) 
The home-based work is clearly incidental and secondary to the use of the dwelling unit for residential purposes.
(3) 
The home-based work shall not change the residential character of the residential building or adversely affect the character of the surrounding neighborhood.
(4) 
No mechanical equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses outside the place of business.
(5) 
There shall be no exterior storage of equipment or material used in connection with the business.
(6) 
The home-based business does not cause a substantial increase in traffic through the residential area and does not violate any parking regulations customary to a residential unit.
(7) 
The home-based work occurs inside the residential dwelling or in the yard of the residential dwelling, and shall not be visible from the street.
(8) 
Activities of the home-based business are limited to the sale of lawful goods and services.
(9) 
Home-based businesses shall comply with all applicable health and safety regulations of the City, including applicable fire and building codes, and all regulations governing health and sanitation, transportation or traffic control, solid or hazardous waste, pollution, and noise control.
I. 
Motor Vehicle Repair And Service.
1. 
Repair or service of any motor vehicle is permitted in residential zoning districts if the activities are confined within a completely enclosed building or the repairs are minor in nature and are fully completed within a period of twenty-four (24) hours or less.
2. 
All such repairs shall be limited to motor vehicles owned by the property occupant or an entity in which the occupant has a financial interest.
3. 
Repair and restoration of vehicles owned by any party other than the occupant, or an entity in which the occupant has a financial interest, is prohibited.
4. 
In the RR Zoning District, repair and restoration of automobiles and light trucks (for street purposes only), recreational vehicles, boats, agricultural tractors and accessory trailers are also permitted in accessory buildings and at locations and under provisions approved for outdoor storage.
5. 
All activities shall comply with Chapter 365, Stopping, Standing or Parking Restricted or Prohibited on Certain Streets, of the Municipal Code.
J. 
Outdoor Storage.
1. 
RR District.
a. 
Setbacks And Screening.
(1) 
Outdoor storage shall be located behind the front line of the principal structure and in conformance with the required side and rear yard setbacks.
(2) 
Unless otherwise noted, all outdoor storage shall be screened in accordance with Section 425.100, Screening.
(3) 
Outdoor storage within two hundred (200) feet of any residentially zoned property shall be screened so that the materials being stored cannot be seen from the ground level of said residentially zoned property.
b. 
Recreational Vehicles, Utility Trailers And/Or Agricultural Equipment. The outdoor storage of recreational vehicles, utility trailers and/or agricultural equipment is permitted in accordance with the following:
(1) 
The maximum number of recreational vehicles, utility trailers and/or pieces of agricultural equipment [such as a tractor and tractor implements, which will be considered as one (1) vehicle] that may be stored outdoors is three (3).
(2) 
All shall be currently licensed (if applicable), be in immediately operable condition and not in a visible state of disrepair.
(3) 
No other motor vehicles may be stored outdoors except in compliance with Chapter 365, Stopping, Standing or Parking Restricted or Prohibited on Certain Streets, of the Municipal Code.
c. 
Lawn Mowing Equipment. The outdoor storage of lawn mowing equipment is permitted if the equipment is in immediately operable condition and not in a visible state of disrepair.
d. 
Firewood. The outdoor storage of firewood, for use of the occupant, is permitted without screening when stored on racks or evenly piled or stacked, and when located behind the front line of the property's principal structure and otherwise contained within the boundaries of required setback lines for rear yards and side yards.
2. 
MU, C1 and C2 Zoning Districts.
a. 
Outdoor storage shall be located behind the front line of the principal structure and in conformance with the required side and rear yard setbacks.
b. 
Areas devoted to outdoor storage shall be paved.
c. 
Outdoor storage shall be screened in accordance with Section 425.100, Screening.
d. 
No materials shall be stacked above the top of the screening device. Items extending beyond the top of the screening device are permitted, provided that they are not stacked.
e. 
Outdoor displays of merchandise for sale may be located in the front yard and do not require screening.
f. 
Seasonal sales or one-time special events that incorporate outdoor displays and sales are a temporary use subject to Section 420.190(F), Outdoor Displays and Sales.
3. 
LI Zoning District.
a. 
Outdoor storage shall be located behind the front line of the principal structure.
b. 
Outdoor storage shall be screened in accordance with Section 425.100, Screening.
c. 
Outdoor storage is permitted on an adjacent lot under the same ownership or management control, when the adjacent lot has an approved principal use and when the outdoor storage on the lot is clearly accessory to the approved principal use on the adjacent lot.
d. 
Outdoor displays of merchandise for sale is not permitted.
K. 
Parking.
1. 
In accordance with Chapter 425, Article III, Parking, Access, and Mobility.
2. 
Electric Vehicle (EV) Parking Spaces.
a. 
May be utilized at approved off-street parking spaces.
b. 
Shall not reduce the requirements for ADA parking spaces.
c. 
Shall comply with all applicable location and design requirements for parking in the zoning district, including the battery charging mechanical equipment that serves the parking space.
d. 
Shall screen all battery charging mechanical equipment in compliance with the applicable screening requirements for the zoning district, with the exception of electric vehicle (EV) charging posts.
L. 
Rain Barrels.
1. 
General Requirements.
a. 
The unit or device's overflow hose shall be directed safely away from it, and shall not obstruct or drain upon a neighboring property.
b. 
The unit or device may be elevated by a concrete, wood, or brick paver platform that shall not exceed eight (8) inches in height.
c. 
The unit or device shall not be connected directly to a downspout. A minimum five-inch air gap shall separate the downspout and the unit or device's lid to provide easy access to clean the screening and to prevent ice damming in the event the unit or device is not properly winterized.
d. 
The unit or device shall be cleaned at least annually.
e. 
The system shall be used and maintained in a manner that does not cause a public nuisance and may be subject to inspection and/or enforcement action as a result of a complaint.
2. 
Design Standards.
a. 
The rain barrel unit or device, whether constructed or manufactured, may vary in style, but shall function as a collector of rooftop rainwater for reuse purposes.
b. 
The unit or device shall have a tight-fitting lid, kept securely attached to the device.
c. 
The unit or device's opening shall be protected with a corrosion-resistant metallic fine mesh [five hundredths (0.05) inch by five hundredths (0.05) inch] to prevent mosquitoes from entering.
d. 
The capacity or volume of the unit or device shall not exceed sixty-five (65) gallons.
e. 
The unit or device shall have an overflow hose affixed to the upper portion of it to allow release of excess water.
f. 
The exterior of the unit or device shall not be painted or decorated in such a manner that is inconsistent with the surrounding area or offensive to the general senses of the neighboring properties.
g. 
The number of units or devices serving a given structure shall not exceed the number of downspouts serving the structure.
3. 
Location Standards.
a. 
The unit or device shall only be located in an interior side yard or the rear yard of a property.
b. 
The outer edge of the container shall not exceed five (5) feet from the building from which the water is collected.
M. 
Solar Energy Systems.
1. 
General Requirements.
a. 
A building permit is required prior to the installation of any solar energy system unless otherwise exempted by the Building Official.
b. 
The owner of a solar energy system shall ensure that the installation, inspection, maintenance, repair and replacement of the solar energy system and all its components are in accordance with all applicable municipal codes, NFPA 70 and the requirements of any other State or Federal agency of competent jurisdiction.
c. 
All wiring associated with a solar energy system shall be routed underground or contained within a raceway that complements the building materials of the principal structure.
d. 
Solar energy collectors shall be located in the least visible location from perspectives outside the property lines where panels would be reasonably, though not necessarily optimally, functional.
e. 
Solar energy collectors shall be documented by the manufacturer as being nonreflective pursuant to recognized engineering standards showing reflectivity of less than thirty percent (30%) or shall be placed such that concentrated sunlight or glare shall not be directed onto nearby properties or streets.
f. 
Building-integrated solar energy systems shall be allowed regardless of visibility, provided that the building-integrated system meets all required setback, height and land use requirements for the district in which the building is located.
g. 
Solar energy system design shall be performed by a qualified solar installer or by an electrical engineer licensed by the State of Missouri. All solar energy system installations shall be performed by or supervised by the system designer.
2. 
Ground-Mounted Solar Energy Systems.
a. 
Ground-mounted solar energy systems shall only be located in the rear and side yards of a property.
b. 
In residential zoning districts, ground-mounted solar energy systems and supporting structures may not exceed a total height of five (5) feet as measured from the average grade at the base of the supporting structure to the highest edge of the system and shall be installed such that the ground underneath can be properly maintained.
c. 
In nonresidential zoning districts, ground-mounted solar energy systems and supporting structures may not exceed a total height of twenty (20) feet as measured from the average grade at the base of the supporting structure to the highest edge of the system.
d. 
The area below ground-mounted solar energy systems shall have decorative mulch or rock that has a retaining border capable of retaining the mulch or rock within the intended area.
e. 
Ground-mounted solar energy systems shall be substantially screened from public view (including adjacent properties and public rights-of-way) by walls, plantings, or other architectural features or a combination thereof; provided, however, that the screening shall not be required to be so dense, so tall, or so located as to render the equipment essentially nonfunctional.
3. 
Building-Mounted Solar Energy Systems.
a. 
Building-mounted solar energy systems shall be:
(1) 
Installed in the plane of the roof (flush-mounted); or
(2) 
Made part of the roof design (capping or framing compatible with the color of the roof or structure).
b. 
Where solar energy equipment is installed on roofs, the roof shall be constructed to support the loads imposed by such modules.
c. 
When located on a sloped roof, solar energy collectors shall be located on a rear- or side-facing roof, as viewed from a fronting street. In cases of corner lots or lots with more than one (1) street frontage, the side of the roof fronting a street shall be considered a front-facing roof.
d. 
Solar energy systems shall not project vertically above the peak of a sloped roof to which it is attached.
e. 
When located on a sloped roof, solar energy collectors shall be positioned in a symmetrical fashion and centered on the plane of the roof on which they are located.
f. 
Solar energy collectors installed on a flat roof must be screened by the use of a parapet or other architectural feature to screen the view from the street or from ground level on adjoining properties.
g. 
All exterior electrical or plumbing lines must be painted in a color scheme that matches as closely as possible the color of the structure and the materials adjacent to the lines when visible from the street.
h. 
Building-mounted solar energy systems on an accessory building may be located on any roof that is not facing the principal structure frontage.
N. 
Swimming Pools (Outdoor).
1. 
Above ground swimming pools, except temporary pools with a depth of less than eighteen (18) inches, are prohibited.
2. 
Swimming pools shall be located behind the rear wall of the principal structure and may encroach into the required side and rear yard setbacks in accordance with Table 410.130.G, Permitted Setback Projections.
3. 
The swimming pool shall be completely surrounded by an approved barrier as required by the Building Code, and in accordance with Section 425.110, Fences.
4. 
Mechanical equipment, such as pumps and filters, shall be screened in accordance with Section 425.100, Screening.
5. 
Plantings shall be used to complement the swimming pool and soften its visual impact.
6. 
Light fixtures, standards and all exposed accessories shall be complementary to the building and swimming pool design. Lighting shall be restrained in design, and excessive brightness and brilliant colors avoided. In no case can floodlights be used.
7. 
Temporary fencing shall be installed prior to the commencement of excavation for a swimming pool. The temporary construction fence shall be erected to prevent entry to the pool excavation site by unauthorized persons. The maximum time limit for temporary fencing is thirty (30) days from issuance of the building permit. At the end of thirty (30) days a permanent fence must be in place.
O. 
Trash Enclosures.
1. 
Trash enclosures shall comply with Chapter 235 of the Municipal Code, Solid Waste.
2. 
Trash enclosures may encroach into the required front, side and rear yard setbacks in accordance with Table 410.130.G, Permitted Setback Projections. Enclosures shall be located to minimize visual and impacts and odors on the primary street frontage and neighboring properties and uses to the maximum extent feasible.

Section 420.160 Purpose.

[Ord. No. 4190, 2-1-2021]
A. 
The purpose of this Article is to establish standards for temporary uses and structures and to minimize the impacts such uses and structures may have on surrounding properties or the community.

Section 420.170 Temporary Uses And Structures Allowed.

[Ord. No. 4190, 2-1-2021]
A. 
The permitted temporary uses and structures are listed in Section 420.190, Additional Standards for Specific Temporary Uses and Structures.

Section 420.180 Standards For All Temporary Uses And Structures.

[Ord. No. 4190, 2-1-2021]
A. 
Temporary uses and structures shall:
1. 
Not have substantial adverse effects or noise impacts on nearby residential neighborhoods;
2. 
Contain sufficient land area to handle the temporary use or structure without disturbing environmentally sensitive lands; and
3. 
Accommodate the parking and traffic movement associated with the temporary use.
B. 
Temporary uses and structures are not subject to the dimensional standards in Chapter 415, Zoning Districts, unless otherwise stated in this Code.

Section 420.190 Additional Standards For Specific Temporary Uses And Structures.

[Ord. No. 4190, 2-1-2021]
A. 
Generally.
1. 
Conflicts.
a. 
Where a use-specific standard is imposed, it is to be followed in lieu of a general provision of this Code.
b. 
Where the use-specific standard does not address a required standard and it is otherwise contained in this Code, the standard in this Code shall be followed.
c. 
In the event of a conflict between the use-specific standards and other standards of this Code, the use-specific standards shall control.
2. 
Modifications And Waivers.
a. 
The standards of this Article may be waived or modified through one (1) of the following procedures, except where an alternative procedure is specified in this Article:
(1) 
Minor adjustment (Section 405.220).
(2) 
Special use permit (Section 405.170).
(3) 
Variance (Section 405.230).
(4) 
Zoning Map amendment (Section 405.100) to planned unit development (Section 415.130).
B. 
Construction Trailer.
1. 
The construction trailer shall:
a. 
Be located on the same site or in the same development as the related construction;
b. 
Be associated with development for which a valid building permit has been or will be issued;
c. 
Be allowed to remain on the site until the issuance of a certificate of occupancy; and
d. 
Comply with Section 365.110, Permits For Parking, of the Municipal Code.
2. 
A sales/leasing office of the developer or his/her designated realty agent may be conducted on the premises. This sales/leasing activity shall be limited to sale of lots and/or sale/leasing of dwelling units of the designated subdivision or development. Under no circumstances shall this sales/leasing office be the principal business location of the developer or his/her designated realty agent.
C. 
Display House.
1. 
One (1) display house per fifteen (15) dwelling units proposed for the overall subdivision or development shall be permitted [a minimum of one (1) display house, with a maximum of five (5) display houses].
2. 
Display houses are to be clustered and shall be located within six hundred (600) feet of a fire hydrant.
3. 
Where applicable, pedestrian walkways shall be provided between and connecting the parking area and the various display/model units.
4. 
Construction of the display house may commence when an all-weather road is completed to the site in thickness and width equivalent to the required aggregate base for City streets and in the location of a proposed City street.
5. 
Display houses may be constructed prior to approval and recording of a record plat (Section 405.130) subject to the following conditions:
a. 
The preliminary plat (Section 405.120) and improvement plan (Section 405.180) have been approved.
b. 
A building permit is issued (Section 500.010).
(1) 
Prior to the issuance of a building permit, if the record plat has not been recorded, the applicant shall submit a construction financial guarantee in accordance with Chapter 430, Article IX, Required Improvements and Guarantees.
(2) 
The financial guarantee shall be in an amount equal to the cost to remove or demolish the display houses.
(3) 
The financial guarantee shall be refunded to the applicant at the time the record plat is recorded with St. Charles County.
(4) 
The City may draw upon the financial guarantee to remove or demolish the display houses in accordance with Subsection (C)(5)(e).
c. 
The display house shall be on an approved lot of record within one (1) year of the issuance of a building permit, unless a longer period is approved by the Community Development Director.
d. 
If the record plat has not been filed within that time frame, the owner of the property shall be responsible for the removal of all display houses from the property.
e. 
Failure of the owner to remove the display houses from the property within thirty (30) days constitutes the granting of authority to the City to remove the display houses, the cost of which shall be borne by the owner and may become a lien against the property.
6. 
Use of the display house may commence prior to the installation of streets and other improvements, provided that the owner shall secure, as applicable, permission from the applicable fire protection district.
7. 
A sales/leasing office of the developer or his/her designated realty agent may be conducted on the premises. This sales/leasing activity shall be limited to sale of lots and/or sale/leasing of dwelling units of the designated subdivision or development. Under no circumstances shall this sales/leasing office be the principal business location of the developer or his/her designated realty agent.
8. 
Display houses may be used until all lots and dwelling units within a subdivision or development are sold or leased.
9. 
Prior to the listing of the units used for display purposes for sale/lease to the general public, the developer shall return the units to a habitable condition, removing all improvements made for the conduct of business.
D. 
Garage Sales.
1. 
Shall comply with Chapter 215, Article XIV, Garage Sales, of the Municipal Code.
E. 
Mobile Food And Beverage Service.
1. 
Shall comply with Chapter 250, Special Events, of the Municipal Code.
F. 
Outdoor Displays And Sales.
1. 
Outdoor displays and sales are permitted in nonresidential and mixed-use zoning districts.
2. 
Display areas shall be on paved surfaces only.
3. 
Parking spaces may be used if the remaining parking spaces are sufficient to meet the minimum parking requirements.
4. 
Loading zones shall not be used.
5. 
Pedestrian facilities shall be preserved.
6. 
Vehicular movement shall not be altered.
7. 
Pavement marked for fire and emergency lanes is not used or negatively impacted.
8. 
Only seasonal merchandise that is regularly offered by retail business may be offered in temporary outdoor display areas.
9. 
No additional signage shall be allowed.
10. 
The Community Development Director may impose additional restrictions unique to individual site circumstances.
G. 
Portable Storage Container.
1. 
Shall comply with Chapter 530, Regulation of Portable Storage Containers, of the Municipal Code.
H. 
Special Event.
1. 
Shall be in accordance with Chapter 250, Special Events, of the Municipal Code.