In order to regulate and restrict the location of businesses and residences and the location of buildings erected or altered for specific uses and to regulate and limit the height of buildings hereafter erected or altered, to regulate and determine area of yards and other open spaces and to regulate and limit the density of population, the Village is hereby divided into districts of which there shall be four (4) known as:

The Village is hereby divided into the four (4) zoning districts set forth in Subsection (A) above and the boundaries of such districts are shown upon the map which is on file in the Village offices and made a part of this Chapter, being designated as the current official Zoning Map (the "map") and the map and all the notations, references and other information shown thereon shall be as much a part of the ordinance as if the matters and information set forth by the map were all fully described herein, the map, as amended, being incorporated into and on file with this Chapter in the office of the Village Clerk.

Except as herein provided:

In the "R-1" Single-Family Residential District, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered unless otherwise provided in this Chapter, except for one (1) or more of the following uses:

In the "R-2" Multiple-Family Residential District, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered unless otherwise provided in this Chapter, except for one (1) or more of the following uses:

Land Uses And Development. All permitted uses in the "C-1" Commercial District shall be planned uses requiring approval of a site plan except those not meeting the criteria set forth in Section 405.090 or Section 405.095. The following list of principal uses establishes the principal uses that are permitted. No building or land shall be used and no building or land shall be hereafter erected, converted or structurally altered unless otherwise provided in this Chapter, except for one (1) or more of the following planned uses.

Unlisted Uses. Any defined use not listed is specifically prohibited. Uses not listed have been determined either not to be appropriate in the "C-1" District, incompatible with certain existing uses or sufficiently rare or unexpected as to be incapable of being listed at the time of adoption of this Land Use Code. Notwithstanding the exclusion of any use from the list of principal uses, any use required to be permitted as of right in the "C-1" District by applicable Federal or State law shall be so permitted. Such shall be authorized in the "C-2" District only subject to the following conditions:

Accessory Uses. Subject to Building Code, permitting and application requirements or the Village as well as the redevelopment plan process, the following accessory uses are allowed in the "C-2" District:

Specifically Prohibited Uses. Unless otherwise required by law, the following businesses are hereby prohibited in any zoning district of the Village of Marlborough, Missouri:

Tattoo 'Artist' And 'Facility' Permitting And Licensure.

Display Of License Required. The facility license and all licenses for practitioners of tattooing issued by the State of Missouri, St. Louis County and any and all licenses or permits issued by the Village shall be displayed at or near the front of the facility in a manner that makes them easily visible to any patron entering the facility.

Spacing Requirement For Tattoo Facilities.

Hours Of Operation. Tattoo facilities shall only be open between the hours of 9:00 a.m. and 9:00 p.m., Monday through Saturday.

Development Plan Required. No Tattoo Facility shall be allowed unless a Site Development Plan pursuant to Section 405.090 or a Sketch Plan pursuant to Section 405.095, whichever applies to the applicant, has been submitted to and approved by the Village. Under no circumstances shall a Tattoo Facility be approved without approval of either a Site Development Plan or a Sketch Plan as determined by the nature of the application and the terms of Section 405.090 and 405.095.

Inspection. All Tattoo Facilities shall submit, at least twice annually, as required by County regulations, and at any other time initiated by the Health Department of St. Louis County, to an inspection of such facility to ensure compliance with all provisions found in Title VI, "Public Health and Welfare," Chapter 621, "Tattoo and Body Piercing Establishment Code" of the St. Louis County Code of Ordinances.

Signage. All signage for Tattoo Facilities must comply with all provisions of Chapter 505, "The Sign Ordinance of Marlborough," including, but not limited to, the permit requirement of Section 505.090 and the requirement of Section 505.060 that all signs be approved by the Village Clerk or that person's designee.

Additional Requirements. Tattoo Facilities and tattoo artists must, at all times, comply with all standards set by St. Louis County and the Missouri Division of Professional Registration, including, but not limited to, all sanitation and health requirements and standards, all permitting and licensing, all standards in the Municipal Code of the Village of Marlborough, including, but not limited to, Chapter 215, Nuisances and the requirements found in Section 405.065 of the Municipal Code of the Village of Marlborough.

All permitted uses in the "C-2" Higher Intensity Commercial District shall be planned uses requiring approval of a site development plan except those not meeting the criteria set forth in Section 405.090 or Section 405.095. In the "C-2" Higher Intensity Commercial District, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered unless otherwise provided in this Chapter, except for one (1) or more of the following uses:

Minimum Off-Street Parking Dimensions And Related Regulations. The regulations of this Subsection shall govern the dimensions and configuration of off-street parking spaces.

Supplemental Regulations For Medical Marijuana Uses.

Every public utility, cable company, video service provider and other users of the Village rights-of-way or adjacent easements to provide services shall comply with the supplemental regulations in this Section regarding the placement of accessory utility facilities on public or private property. For purposes of this Section, "accessory utility facilities" shall mean such facilities, including pedestals, boxes, vaults, cabinets or other ground-mounted or below-ground facilities, that directly serve the property or local area in which the facility is placed, are not primarily for transmission or distribution to other locations, do not materially alter the character of the neighborhood or area and otherwise are customarily found in such areas. Except where limited by other provisions of Village ordinance, accessory utility facilities shall be permitted subject to the following supplementary regulations:

Qualifying Patient Medical Marijuana Cultivation. On any lot in the Village, a person holding a current, valid Medical Marijuana Cultivation Identification Card issued by the State of Missouri may have as an accessory use Medical Marijuana Cultivation as permitted by Article XIV, Section 1.7(9) of the Missouri Constitution so long as all of the following conditions are met:

"R-1" Residence District. In the "R-1" Residential District, the height of buildings, the minimum dimensions of yards and the minimum lot area per family, shall be as follows:

"R-2" Residence District. In the "R-2" Residential District, the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows:

"C-1" And "C-2" Commercial District. In the "C-1" and "C-2" Commercial District, the height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

Intent And Purpose. Within the Village, certain existing lots, structures and uses of land which were lawful prior to the adoption or amendment of this Zoning Code are prohibited under the terms of this Chapter. This Article is intended to declare non-conformities to be incompatible with the permitted uses in each district; to permit non-conformities to continue until they are removed; and to prohibit non-conformities from being expanded, enlarged or increased in intensity.

Non-Conforming Lots Of Record. Notwithstanding anything in this Chapter 405, otherwise conforming structures may be built on lots of record that were made non-conforming by this Chapter as to size, width or area; provided however, that such structures shall conform to setbacks and other regulations not involving size, area or width of the lot.

Non-Conformities Within Setback Lines. In addition to the provisions of this Chapter regulating setbacks, the following regulations shall apply to those non-conformities located within prescribed setback lines.

The foregoing height and area requirements shall be subject to the following exceptions and regulations:

Purpose. In the past the commercial districts of the Village of Marlborough ("Village") have been developed in a haphazard, disjointed fashion with little consistency throughout the districts(s). Certain general regulations have prevented desirable development while a lack of more detailed regulations has left the commercial corridor subject to some inappropriate development. The Village has developed an Initial Comprehensive Plan ("Comprehensive Plan") to address and evaluate all future redevelopment activities within the Village's commercial districts. Therefore, applications for "redevelopment" or "development" within any of the Village's commercial districts shall be subject to "development plan" approval process set forth herein where specified circumstances exist. It is the intent of this Section to authorize these "planned uses" only where the location and circumstances are appropriate to the use and a development plan is approved by the Board of Trustees for any use designated as a planned use. It is also the intent of this Section to increase the flexibility of development design through evaluation and approval of a redevelopment plan. Approval of a redevelopment plan shall be considered a legislative act of rezoning. Any ordinance approving a redevelopment plan shall be deemed to incorporate the provisions of this Section.

Recording Of Final Plans. Following the Village's approval by ordinance of a development plan, a copy of the final plan executed by the designated Village Official shall be filed by the applicant with the Recorder of Deeds of St. Louis County within sixty (60) days. All filing fees shall be paid by the person who filed the development plan application. The authorization for the use approved by the development plan shall not become effective until a copy of the recorded plan bearing its recordation notations shall be returned and placed on file with the Village Clerk.

Modification Of Zoning Map. Any approved improvement plan shall be reflected on the Zoning Map as an amendment of the district by designation of "-P" after the district abbreviation of the district in which the plan was approved (for example, an approved improvement plan in the "C-1" District will be denominated as "C1-P").

Purpose. Not all situations require the detail of the full site development plan process set forth. Generally, no development plan approval is required simply by reason of a change in ownership or change in tenant occupancy of property when the existing or proposed use is a permitted use in the zoning district and the proposed use does not involve any alteration, expansion or other modification to the property or the exterior of the structure(s) thereon. However, if a proposed use by an applicant is not allowed in the zoning district in which the property is located, such a use may not be carried on absent either an amendment to the Zoning Code to allow the use or a change in zoning for the property to a district that allows the use. An applicant may also seek to modify the use regulations for the district in which the property is located through the full development plan process, as long as it will not violate the Village's Comprehensive Plan. In other situations, the proposed use is allowed in the zoning district but only as a planned use. Thus, although, based on the proposed use of the existing structure and property, an evaluation of that use through the development plan process is necessary, such review, since it does not involve any changes to the physical features of the property or exterior of the structures, does not need the more detailed review of the development plan process. While all of the purposes for a development plan apply, less review is often required for changes in tenancy or ownership when the applicant seeks to only to improve the interior of the existing structure(s) or the type of use on the property without drastically changing the exterior of the building. It is the purpose of the sketch plan to allow a more focused review of the relevant circumstances surrounding an application to allow a use not otherwise permitted.

Expiration Of An Approved Development Plan. Final plan of a site development or sketch plan (referred to collectively in this Section as a "development plan") approval shall not be valid for a period longer than twelve (12) months from the date of such approval, unless within such period a building permit is obtained and substantial construction is commenced and all additional building permits necessary to complete the project as approved in the final plan schedule are obtained in a timely fashion as determined by the Village. The Board of Trustees may grant one (1) extension of no more than twelve (12) months upon written request of the original applicant. An application for extension of a final plan may be granted, if the application is filed before the final plan expires. Upon granting an extension, the Board of Trustees has the authority to attach new conditions to the final plan as it deems appropriate. "Substantial construction", as used in this Subsection, shall mean completion of at least ten percent (10%) of the construction in terms of the total expected cost of the project for which the permit was issued.

Fee Administration. All filing fees and deposits required for the development plan process shall be paid in anticipation of the Village's expenses incurred in processing the application or submission at issue, including, but not limited to, administrative and clerical costs, costs of title research, surveys, legal, engineering and planning review, cost of traffic and planning consultants employed by the Village, publication expenses, expenses of notification to adjoining property owners, expenses of hearings including rental of a hall, if necessary, court reporter, if requested by either the Village or the applicant and other investigations deemed necessary by the Village. Processing and all other actions related to the application or submittal shall not proceed until the applicable fee is paid in full.

In the event the fee or deposit noted are insufficient to pay all such expenses incurred by the Village, the Village Clerk may document additional costs incurred by the Village and request payment of same within thirty (30) days. Processing and all other actions related to the application shall not proceed until such additional sums are paid in full. Any and all unused portions of any additional sums required under this Section shall be refunded to the applicant. Appeals from any decision hereunder shall be taken pursuant to the Board of Adjustment pursuant to Chapter 405 of the Municipal Code.

After approval of a site development plan by the Board of Trustees, the Village may require submittal of an improvement plan detailing all proposed public improvements. Improvement plans shall include, at a minimum, the following information:

Requirements. The Board of Trustees may, from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts or regulations or restrictions established in this Chapter.

Application And Submission Requirements. The application shall be made on a form provided by the Village Clerk and shall comply with and be in accordance with the format and procedures governing same as adopted by the Commission. The Village Clerk shall forward the application to the Zoning Administrator or Building Commissioner. Said application shall be signed by the applicant and shall state the applicant's name and address, as well as:

Review Procedure. Except as otherwise provided, applications for amendment or rezoning shall comply with the following procedure:

A Board Of Adjustment Is Hereby Established. The word "Board", when used in this Section, shall be construed to mean the Board of Adjustment. The Board shall consist of five (5) members who shall be residents appointed by the Board of Trustees. The term of office of the members of the Board of Adjustment shall be five (5) years, excepting that the five (5) members first (1st) appointed shall serve respective for terms of one (1) year; two (2) years; three (3) years; four (4) years; and five (5) years; thereafter members shall be appointed for terms of five (5) years each. Vacancies shall be filled for the unexpired term only. Members shall be removed for cause by the Board of Trustees upon written charges and after public hearing.

The Board shall elect its own Chairman who shall serve for one (1) year. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Chapter.

It shall be the duty of the Building Commissioner of the Village to enforce this Chapter.

The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than five hundred dollars ($500.00) for each and every day that such violation continues or by imprisonment for ten (10) days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court. Notwithstanding the provisions of Section 82.300, RSMo., however, for the second (2nd) and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than two hundred fifty dollars ($250.00) or more than one thousand dollars ($1,000.00) for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court.

Any such person who having been served with an order to remove any such violation shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo., in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).