—1. Scope of Provisions. This section contains miscellaneous regulations generally applicable to various sections of this chapter.

2.

Every single family dwelling hereafter erected or structurally altered shall be located on a separate lot or tract. In no case shall there be more than one (1) single family dwelling on one (1) lot or tract except for accessory buildings or uses, as defined herein, and except for any structure authorized as part of a special procedure requiring submission to the Planning Commission of any type of site development plan for review and approval.

3.

No accessory land use or development shall be established until a primary structure or use is established on the same lot. No accessory land use or development shall be allowed to continue after termination of the primary use or development on a lot.

4.

In the event two (2) or more permitted, conditional or accessory uses are conducted on the same tract of land, each having a different minimum lot area requirement, the minimum lot area regulations for the combined uses shall be the largest of the required minimum areas for each of the particular uses.

5.

Land area to be utilized for multiple family access easements and large lot roadway easements need not be deducted from gross site area in calculating the maximum number of dwelling units permitted on a parcel or tract of land.

6.

Land dedicated to street right-of-way shall not be included in computing minimum lot area for the purposes of this chapter. However, if through dedication of street right-of-way the area of any lot or parcel already established via the provisions of the Subdivision Ordinance is decreased below the minimum area required in the applicable zoning district, development rights shall not be denied.

7.

Where a line has been established for future widening or opening of a street upon which a lot abuts, the required structure setback shall be measured from the established future street line. Required structure setback shall be measured from private roadway easement boundaries or from road maintenance or other road related easements where such easements abut public road rights-of-way.

8.

Each corner lot shall have a rear structure setback and a side structure setback with minimum setback requirements of the applicable zoning district. The side and rear structure setbacks shall be identified by the owner of the corner lot when plans are submitted for the first building on the property.

9.

No permits shall be issued for grading, building, or use of a site governed by a Planned District, Mixed Use District or Special Procedure Permit which are not in accord with site development plans, site development concept plans, or site development section plans approved by the Planning Commission or Department of Planning.

10.

Every part of a required structure setback shall be open to the sky, unobstructed except as follows:

(1)

Ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed twelve (12) inches;

(2)

Ordinary projecting of chimneys and flues, not to exceed seventy-two (72) inches in width, projecting not to exceed twenty-four (24) inches;

(3)

Roof overhangs projecting not to exceed eighteen (18) inches, except that roof overhangs on the south side of a building may project forty-eight (48) inches into a side or rear structure setback, but no closer than forty-eight (48) inches to a property line;

(4)

Canopy overhangs for service stations projecting a maximum of eighteen (18) inches into required front structure setbacks;

(5)

Slab type porches or paved terraces having a maximum height of not more than twelve (12) inches above ground elevation at any point may project into any structure setback except that the projection into the front structure setback shall not exceed ten (10) feet;

(6)

In all "R" Residence Districts air conditioning units extending into side or rear structure setbacks a maximum of thirty (30) inches, with air conditioning units including mounting pedestals not to exceed forty-eight (48) inches in height above ground elevation within said side or rear structure setbacks;

(7)

Driveways, ramps, sidewalks and parking lots as otherwise permitted by this chapter.

(8)

Basketball poles as otherwise permitted by this chapter.

(9)

In all "R" Residence Districts, structures exempt from building permit requirements in the side and rear structure setbacks.

(10)

Canopies and awnings not to exceed forty-two (42) inches may project into the required front structure setback, however, no canopy or awning may extend into the public right-of-way.

(11)

Canopies and awnings not to exceed forty-two (42) inches may project into the required side and rear structure setback, however, they may not be closer than forty-eight (48) inches from any property line.

(12)

Emergency escape window wells or any railing or cover for said structures may encroach into any structure setback no more than forty-eight (48) inches.

11.

Temporary structures.

(1)

Temporary construction offices. Temporary buildings or trailers may be used as construction offices, field offices or for storage of materials to be used in connection with the development of said tract, provided that said temporary structures are removed from said tract within thirty (30) days after completion of the project development. Temporary buildings or trailers must also be removed from said tract within thirty (30) days after voluntary suspension of work on the project or development or after revocation of building permit, or on order by the Director of Transportation and Public Works upon a finding by them that said temporary structure is deemed hazardous to the public health and welfare.

(2)

Temporary real estate offices or sales offices may be established in a display dwelling unit or temporary building, including but not limited to sales tailers. Said offices must be closed and the operation discontinued and all temporary structures and facilities must be removed from the tract within thirty (30) days after all lots or dwelling units have been sold, rented, or leased. Temporary real estate offices or sales offices shall be subject to the following criteria:

(a)

A maximum of one temporary real estate office or sales office structure per platted subdivision is permitted for each builder, as determined by the Director of Planning.

(b)

Temporary real estate offices or sales offices may be erected or located on said tract or on a tract located within two-thousand (2,000) feet of the development, as approved by the Director of Planning. Temporary real estate offices or sales offices may be permitted in any zoning district.

(c)

Temporary real estate offices or sales offices shall be located a minimum of fifteen (15) feet from any right-of-way line, and a minimum of ten (10) feet from the limits of the overall development tract, as determined by the Director of Planning.

(d)

A paved lift van accessible parking space shall be provided in accordance with the Building Code, Title XI, Chapter 1115, of the revised ordinances of St. Louis County.

(e)

Standard parking spaces may be provided on an alternate dust-proof surface, as approved by the Department of Planning and Department of Transportation and Public Works.

(f)

Temporary signs shall be permitted in accordance with Section 1003.168D. In addition, two (2) temporary freestanding signs associated with the sales office, not to exceed fifty (50) square feet in combined total size, shall be permitted. The location of all signage shall be depicted on the building permit, at locations as approved by the Director of Planning.

(g)

Any other provisions of the law notwithstanding, a building permit shall be required for temporary signs associated with real estate offices or sales offices.

(h)

No signs are permitted in the right-of-way.

12.

In each instance in which approval of use or development of property is made subject to conditions by the County Council or Planning Commission in the approval of a conditional use permit, special procedure, Mixed Use Development, or Planned Industrial or Commercial Development, a copy of the approved ordinance, resolution, order or permit shall be furnished by the property owner or owners or petitioner to the operator, owners and manager, including successor operators, owners and managers. Each successor shall forward to the Zoning Administrator an acknowledgment that said successor has read and understood each of the conditions relating to the use and development of the property affected by the ordinance, resolution, order or permit and agrees to comply therewith.

13.

Subsequent to approval and recording or filing of a site development plan, site development concept plan, section plan or similar plan for the development and use of property under the special procedures of this chapter or under the regulations of a planned district (C-8, M-3 or MXD), no development of property subject to such a plan shall be performed and no permit shall be issued for development unless such development is consistent with the plan and unless the property has been platted in accordance with the St. Louis County Subdivision Ordinance. No plat for property subject to such a plan shall be approved unless the plat is consistent with the plan.

14.

(1)

In this subsection, the word "litter" means and includes, garbage, trash, refuse, junk, brush, inoperative machinery or other waste material; the phrase "otherwise lawful" means in compliance with applicable zoning district regulations and with all rules, regulations, ordinances, conditions, permits and licenses applicable to the property or activity, whether arising from this chapter or any other ordinance.

(2)

Except as provided in this subsection:

(a)

No persons shall throw or deposit litter on any vacant or occupied property whether owned by such person or not.

(b)

The owner or person in control of any private property shall, at all times, maintain the premises free of litter.

(3)

It shall be lawful:

(a)

To accumulate or store non-putrescible litter in a sight proof structure or container.

(b)

To accumulate or store litter produced as an incident of the otherwise lawful use of the same premises where stored, where such storage is pending removal or disposal and does not exceed seven (7) days, provided the litter is placed or stored in a container or otherwise screened from the view of persons upon adjacent property or rights-of-way.

(c)

To operate an otherwise lawful sanitary landfill, building demolition material site, vehicle or machinery repair facility, construction material stockpile, sewage treatment facility, salvage yard, or junk yard.

(d)

To store material to be used in an otherwise lawful agricultural or nursery operation on the premises devoted to such use.

(e)

To park, store, leave or permit the parking, storing or leaving of a junked or unlicensed motor vehicle or parts thereof upon any private property for a period of time not to exceed seventy-two (72) hours; however, nothing in this section shall be construed to prevent a person from keeping on that person's private property for a period of time not to exceed thirty (30) days one junked or unlicensed motor vehicle for the purpose of making minor repairs or modifications to it, or to prevent a person from keeping a motor vehicle of historic interest as defined in Section 301.131 RSMo.

15.

Amusement devices: The Director of Transportation and Public Works is authorized to issue a permit for the installation of amusement devices on a temporary basis within any zoning district, provided that said permit shall not be valid for more than ten (10) consecutive calendar days and further provided that no permit shall be valid without a license to operate said amusement devices as required by Sections 803.020 and 803.030 SLCRO. The Director may, in regard to any given site, designate the hours and days of the week of operation and the specific location of the amusement devices on the property. No more than two such permits shall be issued in any calendar year with regard to any particular property. For the purpose of this paragraph, "amusement device" includes those devices enumerated in Chapter 803 SLCRO and any similar device.

16.

No special events permits are required for the following events:

(1)

Activities conducted by St. Louis County acting within the scope of its authority.

(2)

Any event conducted by an elementary, middle or high school or college (or organization affiliated with them) that is conducted on their grounds; not including a for-profit business having an event on the school campus.

17.

Special Events for which permits are required:

(1)

Special event: The Director of Transportation and Public Works is authorized to issue a special event permit for the operation or conducting of an amusement activity on a temporary basis within any zoning district. The Director of Transportation and Public Works may request a report be submitted by the Director of Health with respect to any public health aspect of the proposal and by the Chief of Police with respect to any traffic or public safety aspect of the proposal if appropriate. For the purpose of this paragraph, "amusement activity" includes but is not limited to a circus, carnival, fair, turkey shoot, art display, trade or animal show, concert, dance, rally, parade, athletic competition and any similar activity not involving the erection of any permanent structure or facility. The permit shall be issued for a specific period of time not exceeding ten (10) days. The permit shall contain such conditions as are necessary for protection of public health, safety, and traffic, and the Director of Transportation and Public Works may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. This permit is in addition to any building permit, air pollution device construction or operating permit, highway special use permit, or other permit or license required by law for any proposed activity or facility. No more than two (2) special event permits shall be issued in any calendar year with regard to any particular property, however shopping centers containing three hundred thousand (300,000) square feet of gross floor area may have four (4) temporary amusement activity permits in any calendar year. These provisions applicable to the period of time and the number of temporary permits for turkey shoots that can be held shall not apply to turkey shoots conducted on all Saturdays and Sundays falling within the months of October, November and December of each year.

(2)

Christmas tree sales and pumpkin sales: The Director of Transportation and Public Works is authorized to issue a permit to any not-for-profit organization for the installation or operation of a pumpkin sales lot or Christmas tree sales lot on a temporary basis within any zoning district, provided that said permit shall be valid for no more than thirty-five (35) days prior to Halloween day or Christmas day and five (5) days after Halloween day or Christmas day. Nothing shall prohibit authorization of both sales lots at the same location. The permit shall contain such conditions as are necessary for protection of public health, safety, and traffic, and the Director of Transportation and Public Works may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. The permit may include the installation of one (1) temporary sign not to exceed thirty (30) square feet in outline area. The location of the sign shall be as approved by the Director of Transportation and Public Works.

(3)

Outdoor sales: The Director of Transportation and Public Works is authorized to issue a permit to any church, school, or other not-for-profit organization for the establishment, on a temporary basis within any zoning district, of an outdoor sales event. The Director of Transportation and Public Works may request a report be submitted by the Director of Health with respect to any public health aspect of the proposal and by the Superintendent of Police with respect to any traffic or public safety aspect of the proposal, if appropriate. The permit shall be issued for a specific period of time not exceeding three (3) consecutive calendar days. The permit shall contain such conditions as are necessary for protection of public health, safety, and traffic; and the Director of Transportation and Public Works may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. No more than eight (8) such permits may be issued to a church, school or not-for-profit organization for any parcel of land in any calendar year and no more than two (2) such events in any one (1) month.

18.

An adult business shall not be located within one thousand (1,000) feet of the property line of any church, school, library, or park, nor within three hundred (300) feet of any property zoned "R" Residence District or "NU" Non-Urban District, nor within one thousand (1,000) feet of two (2) other such uses. An adult business is any business which offers its patrons goods of which a substantial portion are adult oriented items or services relating to such items. Any business where more than twenty-five (25) percent of the retail value of merchandise offered for sale consists of adult oriented items shall be presumed to be an adult business. No adult business shall advertise, display or promote adult oriented items so that they are visible from outside the premises.

19.

No person shall park a commercial vehicle on any lot, where the primary use is a single-family or multiple-family dwelling, between the hours of 12:00 midnight and 6:00 a.m. of any day.

20.

Marijuana dispensary and marijuana consumption facilities hours of operation shall be limited to 8:00 a.m. to 9:00 p.m. daily.

21.

Measurement of the distance between self-storage facilities shall be done along a straight line from the property line of the subject parcel to the property line of the closest then existing self-storage facility, as determined by the Director of Planning.

22.

Marijuana facility measurement requirements:

a.

In the case of a freestanding marijuana facility, the distance between the facility and an elementary or secondary school, child care center, or place of worship shall be measured from the external wall of the facility structure closest in proximity to the elementary or secondary school, child care center, or place of worship to the closest point of the property line of the elementary or secondary school, child care center, or place of worship. If the elementary or secondary school, child care center, or place of worship is part of a larger structure, the distance shall be measured to the entrance of the elementary or secondary school, child care center, or place of worship. Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot as determined by the St. Louis County Department of Planning.

b.

In the case of a marijuana facility as part of a larger structure, the distance between the facility and the elementary or secondary school, child care center, or place of worship shall be measured from the property line of the elementary or secondary school, child care center, or place of worship to the facility's entrance or exit closest in proximity elementary or secondary school, child care center, or place of worship. If the elementary or secondary school, child care center, or place of worship is part of a larger structure, the distance shall be measured to the entrance of the elementary or secondary school, child care center, or place of worship. Measurements shall be made along the shortest oath between the demarcation points that can be lawfully traveled by foot as determined by the St. Louis County Department of Planning.

c.

In the case of a freestanding marijuana dispensary facility, the distance between the subject facility and the nearest then-existing freestanding marijuana dispensary facility or package liquor store shall be measured from the property line of the subject tract to the nearest property line of the then-existing freestanding facility. If the then-existing facility or then-existing package liquor store is part of a larger structure, the distance shall be measured to the entrance or exit closest in proximity to the subject facility. Measurements shall be made along the shortest distance between the demarcation points as determined by the St. Louis County Department of Planning.

d.

In the case of a marijuana dispensary facility as part of a larger structure, the distance between the subject facility and the nearest then-existing freestanding marijuana dispensary facility or package liquor store shall be measured from the subject facility entrance or exit closest in proximity to the nearest property line of the then-existing freestanding marijuana dispensary facility or package liquor store. If the then-existing marijuana dispensary facility or then-existing package liquor store is part of a larger structure, the distance shall be measured to the entrance or exit closest in proximity to the subject facility. Measurements shall be made along the shortest distance between the demarcation points as determined by the St. Louis County Department of Planning.

23.

Measurement of the distance between vehicle wash facilities for automobiles shall be done along a straight line from the property line of the subject parcel to the property line of the closest then-existing vehicle wash facility for automobiles, as determined by the Director of Planning.

(O. No. 29234, 1-21-25)