Normandy, MO Zoning Ordinance

Normandy City Zoning Code

ARTICLE XII

Additional Use, Height and Area Regulations and Exceptions

Section 405.695 Article Qualifies and Supplements Other District Regulations of Chapter.

[R.O. 2012 §405.695; CC 1975 §31-79; Ord. No. 346 Art. 15, §1, 2-10-1969]

The District regulations set forth in this Article qualify or supplement, as the case may be, the District regulations appearing elsewhere in this Chapter.

Section 405.700 Conditional Use Permits.

[R.O. 2012 §405.700; Ord. No. 279 §2(31-79.1 — 31-79.9), 4-12-1988; Ord. No. 828, 3-11-2025]

Conditional Use Permits — Commercial Uses Limited To Specified Hours Without Permit. Any business operating in any Zoning District within the City may operate and be open for business only between the hours of 6:00 A.M. and 12:00 A.M., unless a conditional use permit in accord with this Article has been granted as hereinafter set forth.

Conditional Use Permits For Extended Hours Of Operation Available In Certain Districts. Any person or business desiring to operate or conduct a business or commercial enterprise between the hours of 12:01 A.M. and 5:59 A.M. may apply for and be granted a conditional use permit on the terms and conditions hereinafter set forth only if the business or commercial enterprise is located in an "E" (Neighborhood Shopping), "F" (Commercial), "G" (Light Industrial) District, or "MU" (Mixed-Use) District.

Application. Any person or business seeking a conditional use permit as allowed by this Article shall file an application with the Building Department in such form and with such information and plans as may be required. At a minimum, in addition to any other required information, the application shall provide detailed plans and information relating to:

The nature of the business involved;

The proposed hours of operation;

Any plan for area or facility illumination;

How many personnel will be employed at the facility during extended hours of operation;

Anticipated customer traffic; and

Any systems or facilities the applicant proposes to utilize to minimize any impact on adjoining properties.

An application fee in the amount of one hundred fifty dollars ($150.00) shall be paid at the time the application is filed. No application shall be considered filed until all required information and materials, as well as application fee, have been received.

Notice To Nearby Property Owners. Upon receipt of the completed application and filing fee, the City Clerk shall notify in writing by First Class U.S. mail, postage prepaid, the owners of all property located within the area determined by drawing lines parallel to the boundaries of the property for which an application has been filed and one hundred eighty-five (185) feet from those boundaries. The notice shall include the statement that the application was filed, the nature of the proposed permit, the name of the applicant or applicants and the date the application was filed.

Planning And Zoning Commission. The Planning and Zoning Commission shall investigate the effect of the granting of the permit upon the neighborhood, with special emphasis on the general welfare and character of the neighborhood and the community and the standards hereinafter set forth. The Planning and Zoning Commission shall make a report to the Council within ninety (90) days of the date of the filing of the completed application with the Building Department. If no such report is made, the Planning and Zoning Commission shall be deemed to have approved the application, upon the expiration of the ninety (90) day period.

City Council — Public Hearing. Upon receipt of the report of the Planning and Zoning Commission or upon the expiration of the ninety (90) day period, the Council shall call a public hearing and give reasonable notice of the time and place thereof at least once in a newspaper of general circulation in the City. The first publication shall be at least fifteen (15) days before the date of the hearing.

City Council — Standards For Consideration. After the hearing the Council, in acting upon the application, shall state findings and conclusions on the following matters for the public record:

Whether issuance of the permit would be incompatible with surrounding uses and with the surrounding neighborhood;

Whether the frequency and/or duration of various indoor and outdoor activities and any special events associated with the proposed permit will have a deleterious impact on the surrounding area;

Whether noise levels generated by activities associated with the proposed permit will adversely impact the ambient night noise level of the surrounding area and neighborhood;

Whether the proposed permit will significantly increase demands on public services in excess of current service levels and whether the proposed permit will present any real or potential public safety hazard;

Whether the proposed permit will adversely impact the general appearance of the neighborhood due to extended commercial operations in close proximity to non-commercial uses or the location of the proposed extended use on the property for which the permit is sought;

Whether the intensity, duration or frequency of lighting associated with the proposed permit will adversely impact adjacent properties or significantly increase the ambient level of night light in the neighborhood;

Whether a landscape plan or other reasonable provision for protection of neighboring premises from any adverse impact which might reasonably be anticipated from extended operation of the business is required.

Approval — Conditions. After review of the application, the Council may approve the application or may approve the application conditionally upon compliance by the applicant with such terms or conditions as the Council may deem necessary to reasonably assure satisfaction of the standards set forth above. In the event that the Council grants conditional approval, the permit shall not be issued until the applicant has established to the satisfaction of the Building Department that the stated conditions have been fulfilled.

Revocation. A conditional use permit in accord with these provisions may be revoked by the Council if the Council determines that:

Any conditions associated with such permit have not been satisfied; or

The business for which the permit was issued has altered its facilities, premises, or business operations in such a fashion as to no longer satisfy the standards set forth above or to no longer comply with any of the conditions required at the time of issuance; or

The applicant misstated or misrepresented any information presented in support of the application.

The person or business to which a conditional use permit has been issued shall be given reasonable notice by First Class U.S. mail, postage prepaid, of the time and place when the Council shall consider revocation of such a permit and shall be given an opportunity to be heard and present evidence relating thereto. Any notice required to be given under this Section shall be addressed to the applicant at the address listed in the application or addressed to "owner/manager" at the address of the premises for which the permit was issued.

Section 405.702 Height Exceptions.

[R.O. 2012 §405.702; CC 1975 §31-80; Ord. No. 346 Art. 15, §1, 2-10-1969; Ord. No. 458 §2, 5-2-2000]

Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a District, may be erected to a height not exceeding sixty (60) feet, and churches and temples may be erected to a height not exceeding seventy-five (75) feet if the building is set back from each yard line at least one (1) foot for each foot of additional building height above the height limit otherwise provided in the District in which the building is built; provided, that such exceptions shall not be permitted where they would conflict with any existing or hereafter adopted law or ordinance of the City or other governmental regulations regarding the height of buildings surrounding airports, landing fields or landing strips.

Chimneys, cooling towers, elevators, bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, silos, farm buildings or necessary mechanical appurtenances may be erected to any lawful and safe height, but such structures shall not be permitted within one (1) mile of an airport, landing field or landing strip, unless their location is approved by the City Council.

Single-family dwellings and two-family dwellings in the dwelling Districts may be increased in height by not more than ten (10) feet when the side and rear yards are increased over the yard requirements of the District in which they are located by not less than ten (10) feet, but they shall not exceed three (3) stories in height; provided, that such additional heights shall not be permitted where they would conflict with any existing or hereafter adopted law or ordinance of the City or other governmental regulations regarding the height of buildings surrounding airports, landing fields or landing strips.

Section 405.705 Accessory Buildings.

[R.O. 2012 §405.705; CC 1975 §31-81; Ord. No. 346 Art. 15, §§2 — 3, 2-10-1969]

Accessory buildings which are not a part of the main building may be built in a rear yard within six (6) feet of the rear and side lot lines. An accessory building which is not a part of the main building shall not occupy more than thirty percent (30%) of the required rear yard.

Accessory buildings which are to be used for storage purposes only may be erected upon a lot prior to the construction of the main building, but no accessory building shall be used for dwelling purposes, except by domestic servants employed entirely on the premises.

Section 405.710 Exterior Areas - Generally.

[R.O. 2012 §405.710; CC 1975 §31-82; Ord. No. 362 §1, 9-15-1993]

Yards — Generally. Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings in a rear yard and except for the ordinary projections of skylights, sills, belt courses, cornices, and ornamental features, not to exceed twelve (12) inches. This requirement shall not prevent the construction of fences not exceeding six (6) feet in height, except on that portion of lots within thirty (30) feet of the intersection of two (2) or more streets.

[Ord. No. 784, 7-11-2023]

Sale, Display And/Or Storage Of Items In/On Exterior Commercial Areas. The sale, display or storage of goods, merchandise and personal property in other than a completely enclosed building shall not be permitted in the "E", "F" or "G" Commercial Districts, other than in compliance with the terms and conditions provided in this Section, unless such sale, display or storage is otherwise specifically authorized in this Chapter.

Seasonal And Special Event Permit. Subject to the issuance of a permit as hereinafter provided, goods, merchandise and personal property may be sold, stored and displayed other than in a completely enclosed building, and special signs may be erected, in association with special events of a temporary, seasonal, and infrequent nature, including, by way of example but not limitation, opening celebrations, sale of seasonal merchandise, holidays, and similar activities, only in compliance with the following conditions:

An application for a seasonal/special event permit shall be filed by the person in charge of the premises. If the property is owned by or leased to any party other than the applicant, the owner or lessee of the property shall co-sign the application or otherwise authorize the application in writing.

The application shall state the reason why the applicant requests the permit and describe in detail the nature and duration of the event for which it is sought. The application shall be accompanied by a site plan and description of the proposed event showing:

The location on the property where any and all aspects of the special event are to take place;

Where any exterior storage, display or sales are to occur;

A detailed description of the materials proposed to be stored, displayed or sold;

How the placement of materials and activities associated with the event will impact vehicular and pedestrian circulation on the property and on adjoining roadways;

What arrangements are to be made for access to and within the property by emergency equipment during the event;

Any special lighting or sound devices to be utilized during the event and the anticipated impact of such lights or sound on nearby properties;

Exemplars showing any special signs, banners, or other public display or devices proposed to be erected in association with the event, together with the plans showing the dimensions and locations thereof;

Such other information as the Building Commissioner may require in order to assess whether issuance of the requested permit would adversely affect public services or other properties or be inconsistent with the nature of the activities intended to be authorized by this Subsection.

If the Building Commissioner, after consultation with the Chief of Police, finds that the requested permit and conduct of the special event or seasonal activity would not adversely affect the provision of public services, interfere with the peaceful use and enjoyment of nearby properties, create a nuisance, adversely affect vehicular or pedestrian traffic, or be contrary to the public health, welfare or safety, and is consistent with the nature and extent of activities provided for herein, a permit may be issued. The burden of proof with respect to compliance with all relevant regulations and standards shall be on the applicant. If the application is denied, the applicant may appeal the Commissioner's decision to the City Council which may review the matter on the basis of the application and related documents and written comments or findings by City Staff.

Special events may not exceed three (3) days in duration. Seasonal activities may not exceed five (5) weeks in duration. No more than two (2) special event permits and two (2) seasonal activities permits may be issued for any lot or development within any twelve (12) month period.

Exterior Display Or Storage Permit. The owner of the property located in a commercial District may apply for an exterior display or storage permit to allow the storage, display or sale of merchandise or personal property outside or in temporary structures, storage units or other than in a completely enclosed building, subject to the following requirements:

Exterior storage areas and the total area of temporary or accessory storage structures shall not be greater than twenty percent (20%) of the area of the main floor of the principal building on the lot.

An application for an exterior storage permit shall be filed by the person in charge of the premises. If the property is owned by or leased to any party other than the applicant, the owner or lessee of the property shall co-sign the application or otherwise authorize the application in writing.

The application shall state the reason why the applicant requests the permit and describe in detail the nature of the materials to be stored or displayed under the terms of the permit. The application shall be accompanied by a site plan and description of the proposed use showing:

The location on the property for which the permit is requested;

Where any exterior storage, display or sales are to occur;

A detailed description of the materials proposed to be stored, displayed or sold;

How the placement of materials and activities associated with the event will impact vehicular and pedestrian traffic circulation on the property and on adjoining roadways;

What arrangements are to be made for access to and within the property by emergency equipment;

Any special lighting or sound devices to be installed and the anticipated impact of such lights or sound on nearby properties;

Such other information as may be required in order to assess whether issuance of the requested permit would adversely affect public services or other properties or be inconsistent with the nature of the activities intended to be authorized by this Subsection.

The application shall be accompanied by an application, review and processing fee of fifty dollars ($50.00) and shall be filed with the Building Commissioner and a copy of the application provided to the Chief of Police. The application shall be forwarded to the City Council for consideration. The City Council may refer the matter to the Planning and Zoning Commission for review and recommendation, which review shall be completed within one hundred (100) days of the first (1st) meeting of the Commission after referral by the City Council. If the matter is referred to the Planning and Zoning Commission, upon receipt of the Commission's report or upon expiration of the time limit specified above, the City Council shall hold a public hearing on the question of issuance of the permit after having first given fifteen (15) days published notice in a newspaper of general circulation in the City. The hearing shall be held within sixty (60) days of the first (1st) regular meeting of the City Council after filing of the application or after receipt of the report of the Planning and Zoning Commission or expiration of the time for Commission review, whichever is later.

If the City Council finds that issuance of the requested permit will not adversely affect the character of the area, substantially increase fire or public safety hazards or the provision of public services, create a nuisance or be unsightly, or adversely affect pedestrian or vehicular traffic on the property and adjoining roadways, a permit shall be issued. The City Council may condition the issuance of the permit upon compliance with such reasonable terms and conditions as may be necessary to assure that the permitted activity will not become a nuisance or otherwise conflict with the standards provided herein.

An exterior storage permit shall expire one (1) year after issuance. Permits may be renewed annually by filing a renewal application with the Building Commissioner. If the renewal application proposes no changes to the existing activities or conditions on the subject property, the Building Commissioner, after consultation with the Chief of Police, may renew the permit if he/she determines that the applicant has complied with the terms and conditions of the permit as previously issued. Any new activities or changes to the existing conditions shall require a new application in accord with the procedures provided above.

Exceptions. The following goods and properties are exempt from the permit requirements of this Subsection and may be stored, displayed, or sold other than in a completely enclosed building:

[Ord. No. 784, 7-11-2023]

Goods stored in rear or side yard areas not adjacent to public rights-of-way which are enclosed by a sight-proof wooden or masonry fence five (5) feet in height which has been lawfully erected. The fence shall be securely and permanently anchored to the ground, maintained in a good state of repair at all times, and equipped with a solid gate which shall be kept closed except during use. Required landscaping and/or buffer areas may not be used for exterior storage.

Ice storage or dispensing containers and soft drink dispensers presently located outside an existing business, provided that they are well maintained and temporary signs are not attached.

Oil containers and windshield wiper blade dispensers displayed by service stations.

Section 405.715 Yards - Projecting Fire Escapes, Stairways, Balconies, Chimneys and Flues.

[R.O. 2012 §405.715; CC 1975 §31-83; Ord. No. 346 Art. 15, §5, 2-10-1969]

Open or lattice enclosed fire escapes, fire-proof outside stairways and balconies opening upon fire towers projecting into a yard not more than five (5) feet, and the ordinary projections of chimneys and flues, are permitted.

Section 405.720 Yards - Buildings on Through Lots Extending From Street to Street.

[R.O. 2012 §405.720; CC 1975 §31-84; Ord. No. 346 Art. 15, §6, 2-10-1969]

Buildings on through lots and extending through from street to street may waive the requirements for a rear yard by furnishing a front yard upon both streets.

Section 405.725 Yards - Computation of Depth and Width Where Rear or Side Yard Opens on Alley.

[R.O. 2012 §405.725; CC 1975 §31-85; Ord. No. 346 Art. 15, §7, 2-10-1969]

In computing the depth of a rear yard or the width of a side yard, where the rear or side yard opens on an alley, one-half (½) of the alley width may be included as a portion of the rear or side yard, as the case may be.

Section 405.730 Yards - Porches and Paved Terraces.

[R.O. 2012 §405.730; CC 1975 §31-86; Ord. No. 346 Art. 15, §8, 2-10-1969]

An open, unenclosed or screened porch, or paved terrace, may project into a front yard for a distance not exceeding ten (10) feet.

Section 405.735 Yards - Encroachment by Buildings.

[R.O. 2012 §405.735; CC 1975 §31-87; Ord. No. 346 Art. 15, §9, 2-10-1969]

More than one (1) industrial, commercial, multiple dwelling or institutional building may be erected upon a single lot or tract, but the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by any such buildings, nor shall there be any change in the intensity of the use requirements.

Section 405.740 Fences - Permits.

[R.O. 2012 §405.740; CC 1975 §31-88; Ord. No. 362 §3, 9-15-1993; Ord. No. 784, 7-11-2023]

It shall be unlawful to erect any fence in the City of Normandy without first having filed with the Building Commissioner an application for a fence permit, together with a sketch or diagram of the type of fencing, design color, and location, and having obtained a permit for its erection. There shall be a fee of ten dollars ($10.00) for each residential fence, commercial fence, and replacement fence permit. In addition, there will be a thirty dollar ($30.00) fee for each inspection required.

Section 405.745 Fences - Location of.

[R.O. 2012 §405.745; CC 1975 §31-89; Ord. No. 379 §1, 10-11-1994; Ord. No. 784, 7-11-2023]

Fences are permitted only in the side and rear yards and areas of lots, except that no fence may be constructed any closer to the front street line than the front of the principal building, exclusive of steps or entrance way.

Provided, however, that as to property which is located at an intersection of two (2) or more streets or is otherwise within the definition of a "corner lot" or a "double frontage lot" under this Chapter of these Zoning Regulations, no fences of any type shall be constructed so as to project into the required side or front yard areas required by the regulations of the zoning district in which the property is located.

Section 405.750 Fences - Height - Other Regulations.

[R.O. 2012 §405.750; CC 1975 §31-90; Ord. No. 263 §3, 3-10-1987; Ord. No. 784, 7-11-2023]

Fences cannot exceed six (6) feet in vertical height from the underlying ground.

For property, which is used commercially, fences constructed of solid, opaque materials may be required by the City Council or the Planning and Zoning Commission as a part of plan review or as a condition for issuance of permits.

Fences must be constructed of materials usually and customarily used for residential fencing in the St. Louis area and must be installed and maintained in such a fashion as to be structurally stable and secure.

Section 405.755 Fences - Swimming Pools.

[R.O. 2012 §405.755; CC 1975 §31-91; Ord. No. 263 §3, 3-10-1987; Ord. No. 784, 7-11-2023]

Every person owning land on which there is situated a swimming pool or other body of water which is capable of containing twenty-four (24) inches or more of water in depth at any point, shall erect and maintain on such land an adequate enclosure either surrounding the property and within the area permitted for the construction of the type of fence utilized in accord with Section 405.745, above, or surrounding the pool area and within the area permitted for the construction of the type of fence utilized in accord with Section 405.745, above, sufficient to make such body of water inaccessible to small children. Such enclosure, including gates therein, must extend not less than four (4) feet in vertical height from the underlying ground. All gates must be self-latching with latches placed no less than four (4) feet above the underlying ground or otherwise made inaccessible to small children from outside the enclosure.

Section 405.756 Regulation Of Marijuana-Related Uses.

[Ord. No. 785, 7-11-2023]

Regulations Applicable To All Marijuana-Related Uses. In addition to all other pertinent and applicable regulations, the following special conditions shall apply to all businesses and establishments selling, growing, acquiring, transporting, delivering, cultivating, harvesting, processing, testing, manufacturing, extracting, and/or certifying marijuana and/or marijuana-infused products, including, but not limited to, comprehensive marijuana cultivation facilities, comprehensive marijuana dispensary facilities, comprehensive marijuana-infused products manufacturing facilities, comprehensive marijuana testing facilities, marijuana microbusiness dispensary facilities, marijuana microbusiness wholesale facilities, medical marijuana cultivation facilities, medical marijuana dispensary facilities, and medical marijuana-infused products manufacturing facilities ("marijuana-related uses"):

Location Restrictions. No marijuana-related uses shall be operated or maintained within one hundred (100) feet, measured property line to property line, of a then-existing elementary or secondary school, child day-care center, or church. "Then-existing" shall mean any elementary or secondary school, or church with a written building permit from the City to be constructed, or under construction, or completed and in use, at the time the marijuana-related use first applies for either zoning or a building permit, whichever comes first.

Operations And Storage. All operations shall be within a fully secured area inside the building structure. All storage of materials, products, or equipment shall be within a fully secured area inside the building structure.

On-Site Usage Prohibited. No marijuana or marijuana-infused product may be smoked, ingested, or otherwise consumed on the premises of a property upon which marijuana-related use is conducted.

Display Of License Required. The license issued by the State of Missouri to conduct the marijuana-related use shall be displayed prominently in a location visible from the front entrance to the facility.

Hours Of Operation.

Marijuana Dispensary Facilities. All sales or distribution of marijuana and any other products sold to the public through a comprehensive marijuana dispensary facility, marijuana microbusiness dispensary facility, or medical marijuana dispensary facility (herein collectively referred to as "marijuana dispensary facilities") may take place between the hours of 10:00 A.M. and 10:00 P.M., Monday through Sunday. Marijuana dispensary facilities shall be secured and closed to the public after the hours listed in this Subsection and no persons not employed by the marijuana dispensary facility may be present in such a facility at any time it is closed to the public.

All Marijuana-Related Uses Other Than Marijuana Dispensary Facilities. Facilities shall be closed to the public between the hours of 10:00 P.M. and 8:00 A.M. No persons not employed by the business shall be on the premises at any time without being logged in by building security personnel and issued a visitor pass.

Hours of operation other than the hours listed in this Subsection will not be allowed except as a conditional use.

Waste Disposal. Any excess or unusable marijuana or marijuana byproduct of a marijuana-related use shall be stored securely before final disposition, which may be done within the facility in areas designated for disposal activities or, if necessary, outside the facility in a locked, tamper-resistant receptacle.

Drive-Through Facilities. Drive-through facilities for marijuana-related uses shall be prohibited.

Additional Regulations Applicable To Marijuana Dispensary Facilities.

Signage. All marijuana dispensary facilities shall display signage that meets the following requirements:

Includes the word "ATTENTION" in red capital letters with a font at least one and one-half (1 1/2) inches in height or twice the height of the font size used on other interior signage for marijuana or marijuana-infused products distributed by the facility, whichever is larger.

Includes all of the following statements in capital letters in a font size at least three-fourths (3/4) of an inch in height or as large as the font size used on other interior signage or for marijuana or marijuana-infused products distributed by the facility, whichever is larger:

(1)

PLEASE SAFELY STORE MARIJUANA AND MARIJUANA-INFUSED PRODUCTS IN ORIGINAL PACKAGING AND OUT OF THE REACH OF CHILDREN.

(2)

DRIVING WHILE UNDER THE INFLUENCE OF COGNITIVE OR PHYSICAL IMPAIRMENT FROM THE USE OF MARIJUANA IS A CRIME.

(3)

IT IS A CRIME TO DISTRIBUTE OR ATTEMPT TO DISTRIBUTE MARIJUANA TO AN INDIVIDUAL UNDER THE AGE OF 21 AND MEDICAL MARIJUANA TO ANY INDIVIDUAL OTHER THAN A QUALIFIED PATIENT OR PRIMARY CAREGIVER.

(4)

THE U.S. FOOD AND DRUG ADMINISTRATION HAS NOT APPROVED CANNABIS FOR THE TREATMENT OF ANY DISEASE OR CONDITION.

Is displayed clearly visible to the customers within three (3) feet of all points of sale of marijuana or marijuana-infused products.