This chapter shall be known and may be cited hereinafter as the "Zoning Code of the City of Maryland Heights."

(Ord. No. 2008-3179, § 1, 12-18-08)

The purpose of the zoning code is to regulate and control the zoning of land and use of said land and buildings within the City of Maryland Heights in order to promote public safety, health, and general welfare of the citizens. These regulations are specifically designed to:

A.

Protect the character and stability of residential, commercial, industrial, institutional, recreational, and open space areas within the City of Maryland Heights and promote their orderly and beneficial development;

B.

Provide privacy and convenience of access to property;

C.

Regulate the intensity of land use and establish open areas surrounding buildings and structures necessary to provide adequate light and ventilation and to protect public safety and health;

D.

Regulate and limit the height of buildings and structures;

E.

Lessen and avoid congestion on public streets by providing sufficient parking and loading;

F.

Regulate the density of population;

G.

Divide the city into zoning districts and establish, by reference, a map showing the boundaries of said districts;

H.

Fix reasonable standards to which land, buildings, structures, and their uses must conform;

I.

Prohibit uses, buildings, or structures which are incompatible with the character or development of uses, buildings, or structures permitted within specified zoning districts;

J.

Prevent illegal additions or alterations of existing buildings or structures;

K.

Protect against fire, explosion, noxious fumes and odor, heat, dust, smoke, glare, noise, vibration, radioactivity, and other nuisances and hazards in the interest of public health, safety, and general welfare;

L.

Prevent overcrowding of land and undue concentration of buildings and structures so far as is possible and appropriate in each zoning district by regulating the use and bulk of buildings in relation to the land surrounding them;

M.

Preserve and enhance the taxable value of land, buildings, and structures throughout the city;

N.

Provide for the completion, restoration, reconstruction, or extension of nonconforming uses;

O.

Designate and define the powers and duties of the official(s) administering and enforcing this chapter; and

P.

Provide penalties for the violation of this chapter.

(Ord. No. 2008-3179, § 1, 12-18-08)

A.

If any court of competent jurisdiction shall declare any part of this chapter to be invalid, such ruling shall not affect any other provisions of the Code not specifically included in said ruling.

B.

If any court of competent jurisdiction shall declare invalid the application of any provisions of this chapter to a particular land, parcel, lot, district, use, building or structure, such ruling shall not affect the application of said provision to any other land, parcel, lot, district, use, building, or structure not specifically included in said ruling.

(Ord. No. 2008-3179, § 1, 12-18-08)

The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

A.

No building shall be erected, converted, placed, enlarged, reconstructed, or structurally altered, nor shall any building or land be used except for a purpose and in the manner permitted in the district in which the building or land is located.

B.

No land required for yards, open spaces, or off-street parking or loading spaces about an existing building or any building hereafter erected or structurally altered shall be considered as required yard or lot area for more than one (1) building.

C.

Every building hereafter erected or structurally altered shall be located on a lot and in no case shall there be more than one (1) main building on one (1) lot except as otherwise provided in this chapter.

(Ord. No. 2008-3179, § 1, 12-18-08)

There are hereby created the following zoning districts:

• "NU" Non-Urban (three (3) acre minimum lot size)

• "R-1" Single-Family Residential (one (1) acre min. lot size)

• "R-2" Single-Family Residential (twenty-one thousand seven hundred eighty (21,780) sq. ft. minimum lot size)

• "R-3" Single-Family Residential (fourteen thousand five hundred twenty (14,520) sq. ft. minimum lot size)

• "R-4" Single-Family Residential (ten thousand (10,000) sq. ft. minimum lot size)

• "R-5" Single-Family Residential (seven thousand five hundred (7,500) sq. ft. minimum lot size)

• "R-6" Multi-Family Residential

• "C-1" Neighborhood Commercial

• "C-2" General Commercial

• "M-1" Office, Service, and Light Manufacturing

• "M-2" Office, Service, and Intensive Manufacturing

• "RD-MXD" Redevelopment—Mixed Use

• "RD-C" Redevelopment—Commercial

• "RD-M" Redevelopment—Manufacturing

• "OD-C" Overlay District—Corridor

• "PD" Planned District

(Ord. No. 2008-3179, § 1, 12-18-08)

Editor's note— Ord. No. 2018-4388, § 1, adopted November 15, 2018, repealed § 25-1.6. Former § 25-1.6 pertained to the establishment of planning districts and derived from Ord. No. 2008-3179, adopted December 18, 2008 and Ord. No. 2009-3290, adopted September 3, 2009.

A.

Adoption. Said zoning districts are bounded and defined as shown on a map entitled "Official Zoning Map for the City of Maryland Heights, Missouri," as adopted by the city council and certified by the city clerk and hereby incorporated into and made a part of this Code.

B.

Maintenance of map updates. The "original copy" shall be kept on file in the office of the city clerk. The city clerk shall maintain a record of all subsequent amendments and changes to the zoning map.

C.

Availability for public review. The zoning map shall be regularly updated and shall be kept available for public inspection by the city clerk.

(Ord. No. 2008-3179, § 1, 12-18-08)

If a zoning district boundary is amended, such change shall be recorded on the zoning map promptly after the ordinance authorizing such change shall have been adopted by the city council.

(Ord. No. 2008-3179, § 1, 12-18-08)

The following rules for interpretation shall apply:

A.

A boundary indicated as approximately following the centerline of a highway, street, alley, or easement shall be construed as following such centerline.

B.

A boundary indicated as approximately following a recorded lot line or the line bounding a parcel shall be construed as following such line.

C.

A boundary indicated as approximately following a corporate boundary line of a city or village shall be construed as following such line.

D.

A boundary indicated as following a railroad line shall be construed as being midway between the main tracks.

E.

A boundary indicated as following the centerline of a stream, river, canal, lake, or other body of water shall be construed as following such centerline.

F.

A distance not specifically indicated on the zoning map shall be determined by the scale of the map.

G.

Where a physical or cultural feature existing on the ground is at variance with that shown on the zoning map, or in any other circumstance not covered by subsections A—F above, the board of adjustment shall interpret the zoning district boundary.

(Ord. No. 2008-3179, § 1, 12-18-08)

A.

Minimum requirements. The provisions of this chapter shall be construed to achieve the purposes for which they are adopted. In interpreting and applying the provisions of this chapter, these provisions shall be held to be the minimum requirements for the protection and the promotion of the public health, safety, morals, comfort, convenience, and general welfare.

B.

Conflicts or inconsistency.

1.

Internal. Unless otherwise specifically stated within this chapter, and unless the context clearly indicates the contrary, if two (2) or more provisions of this chapter are in conflict or are inconsistent with each other, then the most restrictive provision shall apply.

2.

Federal, state, and local.

a.

Whenever a provision of this chapter imposes a greater restriction or a higher standard than is required by any state or federal law or regulation, or other county or city ordinance or regulation, the provision of this chapter shall apply.

b.

Whenever a provision of any state or federal law or regulation, or other county or city ordinance or regulation imposes a greater restriction or a higher standard than is required by this chapter, the provision of the state or federal law or regulation, or other county or city ordinance or regulation shall apply.

3.

Other. Whenever a private covenant, contract, commitment, agreement, or other similar private land use restriction imposes a greater restriction or a higher standard than is required by a provision of this chapter, the more restrictive provision shall apply. This section shall not be interpreted to mean that the city is obligated to enforce the provisions of private covenants, contracts, commitments, agreements, or other similar restrictions; rather, the city shall make an effort to respect such agreements, and this chapter shall not have the effect of abrogating or annulling any such private restriction. Where this chapter imposes a greater restriction or a higher standard than is required by a private covenant, contract, commitment, agreement, or other similar private land use restriction, the provisions of this chapter shall govern.

C.

Text to govern. In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, figure, summary table, or illustrative table, the text shall control.

D.

Illustrations. All illustrations in this chapter are intended to help the reader understand terminology and concepts utilized in this chapter, unless otherwise indicated. Illustrations are not to be interpreted as examples of character or design that must be matched.

E.

Time frames. Any time frames stated within this chapter shall be calculated to include weekdays, weekends, and holidays, unless stated otherwise. If a time frame ends on a Saturday, Sunday, or holiday on which the city offices are closed, the time frame will be extended to the end of the next business day unless specifically stated otherwise within this chapter.

F.

Delegation of authority. If a provision in this chapter requires the city planner or other city official to perform an act or duty, that provision shall also include designated subordinates unless specified otherwise.

(Ord. No. 2008-3179, § 1, 12-18-08)

In determining the applicability of the current zoning code with respect to land, uses, buildings, structures, permits, approvals, and applications for permits or approvals, existing immediately before the effective date hereof, the following rules shall apply:

A.

Uses rendered conditional uses. When a use lawfully existing on the effective date of the current zoning code was classified as a permitted use prior to the effective date of the current zoning code, and such use is classified as a "conditional use" by the current zoning code, such use shall be deemed a lawful nonconforming use. Such use may be granted a conditional use permit pursuant to article 5 of this chapter, if applicable criteria are met.

B.

Uses rendered nonconforming. When a use was lawfully existing as a permitted use on the effective date of the current zoning code and the current zoning code, or any amendment thereto, no longer classifies such use as a permitted use in the zoning district in which it is located, such use shall be deemed a lawful nonconforming use and shall be subject to the provisions of article 7 of this chapter.

C.

Buildings, structures, and lots rendered nonconforming. Where any building, structure or lot lawfully existing on the effective date of the current zoning code does not meet all development standards set forth in the current zoning code, or any amendment thereto, such building, structure, or lot shall be deemed lawfully nonconforming and shall be subject to the provisions of article 5 of this chapter.

D.

Conditional use permits.

1.

Previously granted conditional use permits. All conditional use permits granted prior to the effective date of the current zoning code shall remain in full force and effect subject to the provisions of the conditional use permit ordinance (including any expiration provisions) and this chapter in effect at the time of the conditional use permit ordinance's adoption. Expansion or change in use shall require compliance with the current zoning code.

2.

Amendments.

a.

Amendments to the final site plan. An amendment to the final site plan shall be subject to the provisions of the current zoning code.

b.

Amendments to the conditional use permit ordinance. All amendments under subsection 25-5.15.B, to amend a conditional use permit, shall be subject to the provisions of the current zoning code.

3.

Conditional use permit applications. An application for a conditional use permit which has been declared complete for purposes of public hearing shall be subject to the provisions of this chapter in effect at the time of said declaration. An application submitted but not yet declared complete for the purposes of public hearing shall be subject to the provisions of the current zoning code.

E.

Planned districts.

1.

Previously approved planned districts. A planned district approved under a previous ordinance and retained as a planned district on the zoning map shall constitute an approved planned district, subject to the provisions of the planned district ordinance and this chapter in effect at the time of the planned district ordinance's adoption.

2.

Amendments.

a.

Amendments to the final development plan. An amendment approved by the city planner under subsection 25-6.10.E, amendments, shall be subject to the provisions in effect at the time of the planned district ordinance's adoption. All other amendments may be subject to the provisions of the current zoning code at the discretion of the planning commission.

b.

Amendments to planned district standards and regulations. All modifications and amendments under section 25-6.12, procedure to modify planned district standards and regulations, shall be subject to the provisions of the current zoning code.

3.

Planned district applications. An application for a conceptual development plan which has been declared complete for purposes of review shall be subject to the provisions in effect at the time of said declaration. An application submitted but not yet declared complete for the purposes of review shall be subject to the provisions of the current zoning code.

F.

Subdivisions.

1.

Previously approved subdivisions. A preliminary plat and/or record plat approved prior to the effective date of the current zoning code, whether or not yet recorded, shall remain in full force and effect, subject to applicable expiration provisions. Final plats may be recorded as approved; preliminary plats shall be entitled to approval of a record plat consistent with the preliminary plat approval; lots in such subdivisions shall be established in their platted size and configuration as lots of record. Such lots shall be subject to use and development standards of the current zoning code, other than minimum yard requirements.

2.

Preliminary plats under review. A preliminary plat which has been declared complete for purposes of review by the city planner shall be subject to the provisions in effect at the time of said declaration. The determination of completeness shall be made within seven (7) days of submittal. A preliminary plat submitted but not yet declared complete for the purposes of review shall be subject to the provisions of the current zoning code.

G.

Site plans and building permits.

1.

Previously approved site plans and building permits.

a.

A site plan or building permit approved prior to the effective date of the current zoning code shall remain in full force and effect, such that building and occupancy permits may be issued in accordance with the approved site plan or building permit, subject to any conditions placed upon such approval and subject to the expiration provisions in effect at the time of approval.

b.

The foregoing shall apply only to fully detailed site plans and shall not apply to any portion of a parcel or development not fully detailed and expressly approved, even if shown on such plans.

2.

Site plans and building permits under review. A site plan or building permit application which has been declared complete for purposes of review by the city planner shall be subject to the provisions in effect at the time of said declaration. The determination of completeness shall be made within seven (7) days of submittal. A site plan or building permit application submitted but not yet declared complete for the purposes of review shall be subject to the provisions of the current zoning code.

H.

Variances.

1.

Previously granted variances. All variances granted prior to the effective date of the current zoning code shall remain in full force and effect. However, such variance shall apply only to the specific use variance or non-use variance granted.

2.

Applications to the board of adjustment. An application to the board of adjustment which has been declared complete for purposes of public hearing by the city planner shall be subject to the provisions in effect at the time of said declaration. The determination of completeness shall be made within seven (7) days of submittal. An application submitted but not yet declared complete for the purposes of public hearing shall be subject to the provisions of the current zoning code.

(Ord. No. 2008-3179, § 1, 12-18-08)

A.

This chapter is developed under a hierarchy of guiding principles according to the comprehensive plan. The hierarchy is generally organized as follows, ranging from the most general to the most specific:

1.

Purpose. Refers to the overall purpose of a section of this chapter;

2.

Intent. Refers to the general intent of a section of this chapter;

3.

Specific intent. Refers to the specific intent of a subsection of this chapter; and

4.

Design goals. Refers to the desired end result of standards in a section of this chapter.

B.

This hierarchy should be used to guide consistent interpretation of this chapter, and to guide all discretionary approvals or relief authorized under this chapter.

(Ord. No. 2008-3179, § 1, 12-18-08)

A.

Resources, guides, and industry standards, recognized as authority in the planning and design of communities may be used as a supplement to interpreting this chapter. Any use of such resource, guides, and industry standards shall be subject to the approval of the city planner, upon a determination that the content is consistent with the comprehensive plan, the purpose of these regulations, and the intent and design goals of any section to which they may apply.

B.

These materials may only be used to aid in the interpretation and application of these regulations, and shall not be used to modify, contradict, or in any way change the standards and requirements of these regulations.

C.

Any resource, guide, or industry standard approved by the city planner shall be listed in appendix C, resources, guides, and industry standards, and at least one (1) copy shall be kept on file in the department of community development.

(Ord. No. 2008-3179, § 1, 12-18-08)

A.

Purpose and intent. These regulations are intended to stimulate the recovery of local businesses in the city by means of temporarily suspending applicable sections of the zoning code, as set forth herein.

B.

Scope.

1.

The following regulations shall temporarily supersede and replace any conflicting provisions of the city's zoning ordinances or regulations. Said temporary regulations shall remain in effect until April 30, 2022.

2.

This subsection shall be repealed on April 30, 2022 unless extended by a vote of the city council.

3.

Any sales and/or consumption of food and/or alcoholic beverages shall be in compliance with the provisions of any federal, state, and/or county laws and regulations governing the same.

4.

The provisions listed herein shall not apply to any existing construction, or buildings to be constructed.

C.

Temporary signs. The city planner is hereby authorized to make the following exceptions to section 25-15.7.G.2.d:

1.

More than one (1) but no more than four (4) temporary signs per tenant may be permitted.

2.

The city planner may grant extensions to the fifty-six (56) day maximum display period as necessary during the pandemic.

D.

Outdoor restaurant seating. Outdoor restaurant seating shall be deemed an accessory use to any location where food or beverages are served or goods are sold, as applicable, subject to review and approval by the city planner.

1.

The restaurant shall be properly licensed by appropriate state and local agencies to perform any activities, sales, and services.

2.

The minimum number of parking spaces, or prohibiting outdoor restaurant seating from taking place in parking lots, is suspended to the extent required to permit such outdoor restaurant seating.

3.

The city planner may require an applicant to submit a site plan and other information that is deemed necessary to protect public health, safety and the environment, taking into account the need for expedited review of such information.

4.

The city planner shall review and, approve or reject, any requested information for outdoor restaurant seating, and shall notify the applicant of such decision by the later of (i) ten (10) days after actual receipt of the complete application, or (ii) ten (10) calendar days after actual receipt of any additional materials required pursuant to the previous paragraph. Any failure of the city planner to act pursuant to the preceding sentence within such time period shall be deemed to be an approval of the request.

5.

Outdoor restaurant seating to take place on a lot not in ownership of the requestor shall provide written permission from the owner of said lot in which outdoor restaurant seating is proposed to take place.

6.

All outdoor restaurant seating shall include provisions to reduce the risk of vehicular collisions near the outdoor restaurant seating.

7.

Outdoor seating shall comply with applicable requirements and provisions of the fire code.

8.

Outdoor seating is prohibited on the public right-of-way, and shall occur on private property only.

9.

Outdoor seating shall be kept clear of dishes, cups, glasses, litter, food scraps, or any other waste.

E.

Curbside service. Curbside service shall be deemed an accessory use to any location where food or beverages are served or goods are sold, as applicable, subject to review and approval by the city planner.

1.

Curbside service shall be defined as a service extended to customers remaining in their parked vehicles.

2.

The restaurant shall be properly licensed by appropriate state and local agencies to perform any activities, sales, and services.

3.

The minimum number of parking spaces, or prohibiting curbside service from taking place in parking lots, is suspended to the extent required to permit such curbside service.

4.

Curbside service shall not interfere with safe pedestrian and vehicular access or access required to be maintained under the Americans with Disabilities Act.

5.

Curbside service shall not result in the queuing of vehicles in the public right-of-way.

F.

Additional provisions.

1.

Any unlawful encroachments existing in the public right-of-way shall be subject to removal.

2.

The above provisions shall not:

i.

Interfere with or obstruct any required clearance for maneuvering around entrances or exits.

ii.

Interfere with or obstruct ingress and/or egress for adjacent buildings set forth in the building code or otherwise.

iii.

Interfere with any utilities or other facilities such as utility poles, fire hydrants, signs, parking meters, mailboxes, and/or benches within the sidewalk or within the public right-of-way.

3.

Appeal. the city planner's decision may be appealed to the planning commission for recommendation to the city council, which shall make the final decision, provided the applicant shall also have the right of appeal pursuant to article 9 of the zoning code, and to pursue any other available legal or equitable remedy.

(Ord. No. 2020-4521, § 1, 6-18-20; Ord. No. 2021-4593, § 1, 4-1-21)