Every building hereafter erected, moved or structurally altered shall be located on a lot and in no case shall there be more than one principal building and its customary accessory buildings on any lot, except in the case of a specially designed complex of institutional, residential, commercial or industrial buildings in an appropriate zoning district, i.e., school campus, cluster housing, shopping center, and so forth.

(1)

In no case shall an unattached accessory building be located in a "front yard," as defined by this appendix.

(2)

No accessory building shall be constructed upon a lot until the construction of the main building has actually been commenced, and no accessory building shall be used unless the main building on a lot is completed and used.

(3)

Rear setbacks. Excluding detached private garages which shall maintain the same rear yard setback as is required for the principal structure located on the zoning lot, accessory structures and uses shall be set back at least five feet from the rear lot line except for fences, which shall be located so as not to be placed on the adjoining lot, and walls (to include backfill material) which shall be set back at least one foot from the rear lot line.

(4)

Side setbacks. accessory structures and uses, including detached private garages, shall maintain the same yard as is required for the principal structure located on the zoning lot, except for fences, which shall be located so as not to be placed on the adjoining lot, and walls (to include backfill materials) which may be located within one foot of the required side yard setbacks. In no instance may a fence or other accessory structure be placed within the right-of-way or within one foot thereof.

(5)

Walls and fences, height. Walls or fences located within the required side or rear yard setback shall not exceed six feet in height.

(6)

Accessory buildings and structures—Height, area, location. No freestanding structure that is accessory to a single-family dwelling shall exceed 144 square feet in gross floor area and 14 feet in height.

No yard or lot existing as of December 6, 1971 shall be reduced in size or area below the minimum requirements set forth herein, except for street widening. Yard or lots created after December 6, 1971 shall meet at least the minimum requirements established by this appendix.

On a corner in any zoning district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and a half feet and ten feet above the center line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the center line point of intersection. Center line point of intersection is defined herein as the intersecting point of both roadway centerlines.

Automobile vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any property other than in completely enclosed buildings, except on the lots of automobile dealerships, or automobile service facilities where the vehicles are being actively repaired.

(1)

No person shall make major repairs to any vehicle or dismantle any vehicle upon a public street or upon private property in any residentially or commercially zoned district unless said repairs or dismantling is conducted in an enclosed area, the interior of which cannot be viewed from any surrounding residential property.

(2)

Any repairs or dismantling as authorized in subsection G(1) shall only be lawful if the owner of or person controlling the residential property is performing said repairs or dismantling a vehicle owned by a member of the household.

(3)

Nothing herein shall prohibit minor repairs be performed on a vehicle owned by a member of the household. Such minor repairs can be conducted in an enclosed area or, if performed outside, must be completed within a six hour period.

(4)

The repair of a vehicle under this section shall not create a nuisance by excessive noise, early or late work or debris accumulation.

(1)

Adult business. Any business enterprise which:

(a)

Has as a primary business purpose the sale, display or rental of goods that are designed for use in connection with specified sexual activities or that emphasizes matters depicting, describing or relating to specified sexual activities or specific anatomical areas; or

(b)

That has one of the following as a primary business purpose:

1.

The providing of entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display specified anatomical areas or specified sexual activities;

2.

The providing of nonmedical services related to specified sexual activities or specified anatomical areas.

(2)

Adult business also includes, but is not limited to, any and all of the following, defined herein:

(a)

Any of the following businesses offering goods for sale or rent:

1.

Adult retail establishment. An establishment which, as a primary business purpose, offers for sale or rent any one or more of the following: Instruments, devices, gifts or paraphernalia which are designed for use in connection with specified sexual activities, or clothing that graphically depicts specified anatomical areas or any of the materials sold or rented in an adult bookstore as defined herein.

2.

Adult bookstore. An establishment which, as a primary business purpose, offers for sale or rent books, magazines, periodicals or other printed matter, photographs, slides, films, videotapes, CD's, laser disks, or any form of visual representation which is distinguished or characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

3.

Adult media outlet. An establishment that has, as a primary business purpose, the rental, sale or offering for viewing off-premises or other use of any adult media.

4.

Adult newsrack. Any coin or card-operated device that offers for sale by dispensing printed material, which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

5.

Adult newsstand. A free-standing structure, vehicle or booth which, as a primary business purpose, offers for sale books, magazines, periodicals or other printed matter, which are distinguished or characterized by their emphasis on matter depicting or describing or relating to specified sexual activity or specified anatomical areas.

(b)

Any of the following businesses providing entertainment:

1.

Adult entertainment business. Any enterprise providing adult entertainment to which the public, patrons or members are invited or admitted.

2.

Adult motion picture theater. An establishment containing a room with seats facing a screen or projection areas where the business is the exhibition to customers of films, videotapes, slides or motion pictures which are intended to provide sexual stimulation or sexual gratification to the customers and which are distinguished by or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

3.

Adult theater. An establishment located in an enclosed building where the business is providing live performance of activities relating to specified sexual activities or specified anatomical areas of live performers, provided that the genitals and pubic area of all persons and the areola and nipple of the breast of all female persons are opaquely covered, from observation by customers and patrons.

4.

Adult entertainment cabaret. An establishment in which the business is providing adult entertainment which features strippers, male or female impersonators, go-go dancers, or live performances; or material which is primarily characterized by an emphasis on specified sexual activities or specified anatomical areas, provided that the genitals and pubic area of all persons and the areola and nipple of the breast of all female persons are opaquely covered.

5.

Adult entertainment studio. An establishment whose premises is physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises, and in which the business is providing entertainment which features materials or live performances characterized by an emphasis on or relating to specified sexual activities or the exhibition of specified anatomical areas, provided that the genitals and pubic area or all persons and the areola and nipple of the breast of all female persons are opaquely covered.

6.

Adult encounter parlor. An establishment in which the business is the providing of premises where customers congregate, associate, or consort with employees and/or performers or private contractors who display specified anatomical areas in the presence of such customers, with the intent of providing sexual gratification or stimulation to such customers, provided that the genitals and pubic area of all persons and the areola and nipple of the breast of all female persons are opaquely covered.

7.

Body painting studios. An establishment in which the business is maintaining, operating, or offering for compensation the applying of paint or other substance to or on the human body by any means of application, technique or process when the subject's body is displayed for the customer's view of specified anatomical areas, provided that the genitals and pubic area of all persons and the areola and nipple of the breast of all female persons are opaquely covered.

8.

Adult arcade. An establishment, or that part of an establishment, which regularly features or otherwise offers to customers, in a viewing area which is designed for occupancy by no more than one person, any live, filmed or videotaped exhibition, performance or dance of any type by a person or persons whose exhibition, performance or dance is characterized by the exposure of any specified anatomical area, or by specified sexual activities, or who otherwise appear in such attire, costume or clothing so as to expose to view specified anatomical areas, provided that the genitals and pubic area of all persons and the areola and nipple of the breast of all female persons are opaquely covered.

9.

Exotic dance facility. Any building, structure or facility which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to observe specified anatomical areas, provided that the genitals and pubic area of all persons and the areola and nipple of the breast of all female persons are opaquely covered.

10.

Nude modeling agency. An establishment in the business of offering for compensation the viewing of the human body when the subject's body is displayed for the customers to view specified anatomical areas. This does not apply to certified state licensed schools where persons are enrolled in classes.

(c)

Any of the following businesses that provide services:

1.

Bathhouse. An enterprise in which the business is offering baths with other persons present who are nude or displaying specified anatomical areas.

(d)

As set forth herein the following words shall have the meanings that follow:

1.

Adult entertainment. Any live exhibition, performance or dance characterized to expose any specified anatomical area, provided that the genitals and pubic area of all persons and the areola and nipple of the breast of all female persons are opaquely covered, or by specified sexual activities, or by appearance of persons in attire, costume or clothing so as to emphasize or expose through opaque clothing, the view to specified anatomical areas.

2.

Specified anatomical areas shall include:

(i)

Less than completely and opaquely covered human genitals, pubic region, buttocks, female breast or breasts below a point immediately above the top of the areola; and

(ii)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

3.

Specified sexual activities shall include actual or simulated acts of masturbation, sexual intercourse, deviate sexual intercourse, physical contact with a persons clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of actual or apparent sexual stimulation or gratification, any actual or simulated acts of sado-masochistic abuse, or the use of animals or inanimate objects in acts or actual or apparent sexual stimulation or gratification, as such terms are defined in the pornography and related offenses chapter of the Missouri Criminal Code.

4.

Nudity means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering below a point immediately below the top of the areola or the showing of the covered male genitals in a discernibly turgid state.

(3)

Adult business by conditional use permit only as follows:

(a)

Adult business by conditional use permit. Adult businesses can only be located on parcels of land zoned I-1, Light Industrial or I-2, Heavy Industrial, and only as a conditional use subject to reapproval and conditions of the board of aldermen following the lawful hearing process.

(b)

Adult business establishments are hereby acknowledged to have special characteristics and impacts upon their surroundings, and upon the use and enjoyment of adjacent property. It is the intent of these zoning regulations to provide for the confinement of adult business establishments to the industrial zoned areas in which these special impacts are judged to be the least disruptive to the use and enjoyment of adjacent properties. These regulations are further intended to require that adult businesses shall not be permitted to locate within 1,200 feet of each other, so that their operational features may not establish the dominant character of any industrial or transitional area.

These zoning regulations are further intended to protect and balance lawful rights of expressions with other lawful rights of the enjoyment and use of property. Adult business uses are determined to have serious objectionable operational characteristics, particularly if several such uses are concentrated, thereby having a deleterious effect upon adjacent areas, and therefore potentially contributing to the blight and degradation of the surrounding neighborhood. A Conditional Use regulation of adult business establishments is determined to be necessary in order to ensure that the adverse effect of such uses will not contribute to the blighting or downgrading of surrounding neighborhoods, whether residential or nonresidential, by location or concentration, and to ensure the stability of such neighborhoods.

(c)

Notwithstanding anything to the contrary contained herein, no adult business shall be located closer than 1,200 feet of any residential, one or multi-family, or commercially zoned district.

(d)

No adult business establishment shall be permitted within 1,200 feet of any religious institution, school, city government building, public park or licensed child care center.

(e)

All such distances shall be measured in a straight line without regard to intervening properties from the closest exterior structure wall of the adult business to the closest property line of the religious institution, school, city government building, public park or property zoned for residential or commercial use.

(f)

No adult business shall be allowed to locate or to expand within 1,200 feet of any other adult business or within 1,200 feet of any other business licensed to sell or serve alcoholic beverages, whether or not such business is also an adult business as defined in this section. The distance between any two adult businesses or between an adult business and a business selling or serving alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest exterior structural wall of each business.

(g)

The property on which such adult business is located shall have the street frontage requirements as set forth in article VI of this Zoning Code or any amendments thereto.

(h)

The property on which the adult business is located, if permitted by conditional use, can be required to be screened by a solid masonry wall, at least six feet in height along all interior property lines if required by the commissioners or the board, and approved by the board as a conditional use condition.

(i)

The lot on which said adult business is located shall have a front yard setback of 35 feet, a minimum side yard setback of 20 feet, and a minimum depth for the rear yard of 35 feet.

(j)

All parking requirements shall conform to all other provisions contained within the Code of Ordinances of the City of St. Clair, including the Zoning Code.

(k)

The facility in which the adult business is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facility by any pedestrian from any sidewalk, walkway, street or other public area. No adult business shall take place partially or totally outside the structure of the adult business for which it is licensed.

(l)

The facility in which the adult business is located shall be limited to one wall-mounted sign no greater than one square foot of sign per linear foot of wall length not to exceed a total of 50 square feet; said sign shall not flash, blink, or move by mechanical means, and shall not extend above the roof line of the building. No flashing lights and/or lighting which leaves the impression of motion or movement shall be permitted.

(m)

No merchandise or pictures or products, services or entertainment offered or provided on the premises shall be displayed on the exterior of the building or premises.

(n)

Lighting for the parking area must be maintained and provided at a minimum light level of 0.25 footcandles over the entire Parking Area; but in no point shall the light level exceed three footcandles, nor shall any increase in light levels or visible glare be permitted beyond the Lot Line.

(o)

The facility in which such adult business is located shall not be in operation any time after 1:00 a.m. or prior to 9:00 a.m., except on Sundays, when such business shall not be in operation from 1:00 a.m. until 12:00 noon.

(p)

Further conditions may be placed on the premises in granting the conditional use by the commissioners or the board and approved by the board.

(q)

Only persons 18 years of age or older shall be permitted on the premises of any adult business.

(r)

The interior premises of all adult businesses shall be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one footcandle as measured at the floor level and such illumination must be maintained all times that any customer or patron is present in or about the premises.

(s)

The premises of an adult business shall be physically arranged in such a manner that the entire interior portions of any booths, cubicles, rooms or stalls is visible from a common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes, or any other obstruction whatsoever.

(t)

The premises of an adult business shall be kept in a sanitary condition. Separate dressing rooms and restrooms for men and women shall at all times be maintained and kept in a sanitary condition.

(u)

No cubicle or room or booth used for the purpose of private viewing of movies, videos, films, or pictures shall be occupied at one time by more than one person.

(v)

In any adult business granted a conditional use permit, live nudity shall be prohibited. No person shall be permitted to appear live in any adult business in a state of nudity as defined in this Code.

(w)

All applications for conditional use permits for adult business shall require the submission of an accompanying site plan. The site plan shall include, as a minimum, the following information:

1.

The site plan shall be drawn at a scale of one inch equals 50 feet or larger.

2.

The site plan shall delineate the property lines of the proposed project, and shall indicate the zoning and present use of abutting properties.

3.

The site plan shall delineate existing rights-of-way and easements.

4.

The site plan shall delineate the general location and width of all adjoining streets and public rights-of-way, such as alleys, pedestrian ways and easements.

5.

The site plan for an adult business shall delineate any solid masonry screening in place or to be installed.

6.

The site plan shall delineate the proposed building layout with the front, side and rear building setback as required by this Code.

7.

The site plan shall characterize the proposed usage of the building.

8.

The site plan shall delineate the location, number of parking spaces, and the proposed parking and loading ratio and its location and requirements in accordance with article IX of the Zoning Code.

9.

The site plan shall delineate all points of access and egress.

10.

The site plan shall present in tabular form the proposed net density of the use provided, the number of seats, employees or other applicable units of measure.

11.

The site plan shall delineate the gross floor area of the building or structure.

12.

The site plan shall describe the landscaping to be provided.

13.

The site plan shall delineate the proposed exterior and interior lighting, with proposed foot candle measurements at ground level.

14.

The site plan shall delineate the proposed architectural details of the facility.

15.

The site plan shall indicate the location and description of signage to be used.

16.

The site plan shall show areas for retention of stormwater from the premises.

17.

The site plan shall show that measurements from the building to surrounding structures and property lines to comply with this zoning appendix.

(1)

In all residential zoning districts, dogs cats and other domestic animals may be kept by the occupant of a dwelling unit. Such animals may not be used or kept for commercial or resale purposes, or so as to cause a public nuisance. No more than a total of five cats and/or dogs may be kept in a dwelling unit at one time (excluding animals less than six months old).

(2)

Animals such as horses, pigs, pot bellied pigs, goats, chickens, cattle and ducks, may be kept in conjunction with an agricultural operation or riding stable within a permissible zoning district. No stable or shed providing shelter for said animals shall be closer than 100 feet to any property line. In no case shall a horse or pony be kept on a lot of less than one acre.

(3)

No persons shall keep any non-domestic animals within the city. The term "non-domestic animals" shall include all felines (other than the domestic house cat), non-human primates, bears, wolves, coyotes, foxes, venomous reptiles, constrictor reptiles over ten feet in length, and any crossbreed of such animals which have similar characteristics of the animals specified herein.

(4)

Notwithstanding the provisions of this section I, no person shall keep, harbor or maintain any animal, which such person knows or should know, in the exercise of ordinary care, to be an animal which has a tendency to injure persons whether in play or in anger unless such animal shall be kept securely restricted to an area within such person's house, garage or fenced-in area, where fences are permitted, and then only after adequate warning thereof is given to all persons who might come near such animal.

(5)

Bees may be kept in any zoning district under the following conditions:

(a)

A minimum lot size of one acre.

(b)

The maximum number of colonies will be limited to three hives.

(1)

All sides of nonresidential structures shall receive equal architectural treatment or be compatible with each other as determined by the commission. Structures are strongly encouraged to have architectural features (i.e. reveals, dormers, soldier courses, cornices, etc.) to add architectural character to the structure. Landscaping or topographic relief can be used as screening in lieu of providing masonry as determined by the commission.

(2)

The use of decorative masonry, glass, textured/form lined tilt-up concrete panels, or decorative architecturally enhanced metal wall panels are required for exterior facing materials for nonresidential buildings. Nondecorative prefabricated metal and nondecorative cinder block building exteriors are prohibited. A total of 30 percent of a wall elevation can be an EIFS or stucco material, or other material upon recommendation by the commission and approval by the board of aldermen. Applicant shall provide an exhibit or samples of the proposed materials.

(3)

The primary color on all buildings shall be earth tone color(s). Non-earth tone colors may be permitted as accent markings upon review and approval by the commission.

(4)

All HVAC and mechanical equipment for nonresidential shall be screened from public view. Roof and wall mounted equipment and materials shall be screened and made a part of the architecture of the building and are to be painted to match the building or roof color.

(5)

Gasoline canopies shall be architecturally compatible with the principal Structure on the premises and shall not exceed a height of 18 feet.

(6)

All retaining walls shall be architecturally compatible with the principal structure and be constructed of an architectural masonry material. Wood ties and cinder block materials are prohibited.

(7)

All service doors and/or overhead doors shall have an exterior color which predominately matches the building color.

(8)

Buildings are encouraged to utilize leadership in energy and environmental design (LEED) concepts and principles in their design and construction.

(1)

No temporary structure (including trailers, mobile or manufactured) shall be occupied for any residential, commercial or industrial use except as specifically permitted or required by this appendix. However, the board of aldermen may allow a temporary office or shelter incidental to new development. Occupancy of structures for emergency conditions such as fire, explosion or disaster shall be allowed until conditions are abated.

(2)

Temporary for the purpose of this section shall refer to a period not to exceed one year. The board of aldermen may extend the period where a need can be demonstrated.

(1)

The following general fence provisions shall apply to all zoning Districts:

(a)

A permit shall be required for the erection, installation or alteration of any fence within the City of St. Clair.

(b)

Customary fencing around tennis courts and other recreational amenities shall be exempt from height restrictions but shall comply in all other respects with the terms of this section.

(c)

Notwithstanding the provisions of this section N related to customary fencing around recreational amenities, no fence, wall, shrub, or hedge shall be constructed or altered to exceed six feet in height except as indicated in the specific district regulations.

(d)

Reserved.

(e)

Fences or enclosures charged with, or designed to be charged with, electrical current are prohibited, except as specified in the "A-1" General Agricultural district or for a low-voltage pet containment system.

(f)

In the case of fences constructed over dedicated utility easements, the city shall not be responsible for the replacement of said fence due to its removal. It is required that the property owner contact the administrative officer or developer for location of above-mentioned easements.

(g)

It shall be the responsibility of the property owners to insure that a fence does not block or obstruct the flow of storm water.

(h)

All fences erected prior to enactment of this appendix shall be considered legal nonconforming uses and as such shall be allowed to remain in place. However, at such time when the parcel or lot in question is sold, transferred or leased to another party, the fence will be either brought into conformity or removed.

(i)

All fences must be constructed in a workmanship-like manner so that the horizontal and vertical support posts are inside of the fence area or hidden from both the neighbor's and general public's view. Fences must be straight and run parallel to the lot line.

(j)

Fences shall be maintained in an upright condition.

(k)

Missing boards, pickets or posts shall be replaced within 45 days with material of the same type and quality.

(l)

Fences designed for painting or similar surface finishes shall be maintained in their original condition as designed. All exposed steel, except the galvanized metal fences, shall have a colored finish coat applied to them and be preserved against rust and corrosion.

(m)

Fence completion shall occur within three months from the start of construction.

(n)

When a fence is facing a public street, the improved side of the fence shall be oriented to the street.

(2)

Fence regulations for "A-1" General Agricultural district.

(a)

Electrified and barbed wire fences shall be permitted in the "A-1" General Agricultural district when used in connection with an approved agricultural operation.

(3)

Fence regulations for "R" (Residential) districts.

(a)

The use of barbed wire, hardware cloth, or any other similar material shall not be permitted as fencing in residential zoning districts.

(b)

Residential fences shall not exceed six feet in height.

(c)

The owners of residential properties shall be responsible for maintaining said fences and to remove any fence which becomes unsightly or a menace to public safety, health or welfare.

(d)

On a corner lot, a fence shall not extend beyond the front building line, as platted, which is parallel to the front of the house. Along other front building lines as platted on a corner lot, the fence shall be set back a minimum of ten feet from the property line and shall not extend into the sight-distance area as defined in this appendix.

(e)

On a through-lot, a fence is permitted to extend to, and along, the property line opposite the front of the structure. No fence shall be permitted to extend beyond the building line at the front of the structure or any property line.

(f)

On any interior lot other than a through-lot, a fence shall not extend beyond the front building line nor shall any fence extend beyond the side and rear property lines.

(g)

In no case shall any front yard be enclosed by a fence other than as provided for on a through-lot.

(h)

No fence shall be erected within six feet of an existing dwelling on an adjacent lot.

(i)

Temporary fences may be erected in conjunction with "display homes" in subdivisions so long as the fences are removed within 30 days following the sale or transfer of ownership of the display.

(j)

Ornamental dividers, plastic chains, posts or like materials erected along driveways or sidewalks shall not be considered a fence.

(k)

Fences shall be erected around swimming pools according to the adopted building codes of the City of St. Clair.

(l)

There shall be no fences consisting of one or more strand wires constructed in residential zoning districts.

(m)

Fence materials.

1.

Fences which are six feet or less in height may be constructed of wood, masonry, vinyl or chainlink materials.

2.

Fences which are greater than six feet in height shall be constructed of wood, masonry, or vinyl materials.

(4)

Fence regulations for all "C" (Commercial) and "I" (Industrial) districts.

(a)

The following may be approved by the commission:

1.

Requests stating the reason must be made in writing to and approved by the commission prior to construction or erection.

2.

Fences higher than six feet may be permitted for security and/or screening purposes. Also, barbed wire or razor wire shall be permitted only if the lowest strand is at least seven feet above Grade, and when used for security purposes in addition to a regular fence.

(b)

Fences are permitted on any lot or paved area so long as they do not extend beyond the front building line unless otherwise approved by the commission.

(c)

Where a fence is constructed to comply with a screening requirement, all fencing regulations regarding maintenance, materials and height shall apply.

(d)

Fences erected to screen waste receptacles shall adhere to the regulations of the applicable zoning district.

(e)

All fences installed in commercial zoning districts and industrial zoning districts that abut residential properties, and are used for the purpose of screening between districts, shall be masonry, vinyl or wood.

(f)

Fences constructed of chainlink that are located within industrial zoning districts shall be coated with vinyl.

(g)

All other general provisions previously stated shall apply.

(5)

Fence permit in all "R-3", "C" (Commercial) and "I" (Industrial) districts.

(a)

For all fences installed within an "R-3" Multi-Family Residential district, "C", or "I" district, shall be approved by the administrative officer prior to installation of the fence.

(6)

Fence height.

(a)

In "R-1a", "R-1b", "R-1c" "R-2" and "R-3" zoning Districts, solid fences not in excess of six feet in height may be built on the boundaries of that portion of any lot which comprises the 'rear yard' of such lot as defined by this appendix, provided no such fence may be erected within six feet of an existing dwelling on an adjoining lot.

(1)

Authorization. Any home occupation that is customarily incidental to the principal use of a dwelling unit shall be permitted in any such dwelling unit.

(2)

Home occupation permit. In addition to any other use limitation applicable to the district in which the home occupation is located, no home occupation shall be permitted unless it complies with the following provisions:

(a)

The home occupation must occur in the dwelling of the applicant.

(b)

Applicant must be a resident of the city at the time of applying for the home occupation permit.

(c)

Only one home occupation shall be permitted per dwelling unit.

(d)

No alteration of a principal residential structure shall be made which changes the nature of its appearance as a residence.

(e)

No mechanical equipment or process shall be used which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses outside the residence.

(f)

The home occupation shall be conducted entirely within the principal residential structure and carried on by not more than two individuals.

(g)

A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located.

(h)

No storage or display of materials, goods, supplies, or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.

(i)

The conduct of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off-street parking.

(j)

A minimum of two off-street parking spaces shall be provided on the premises.

(k)

No commercial vehicleshall be used in connection with a home occupation.

(l)

No home occupation shall cause an increase in the use of any one or more utilities (water, sewer, electricity) so that the combined use for the residence and the occupation exceeds the average for residences in the neighborhood.

(m)

No home occupation shall be conducted in any accessory building (garage or shed) except as approved by the board of adjustment.

(n)

The board of aldermen may require fencing around the yard if a home approved for a day care home is deemed appropriate at the time of initial review of the home occupation or at any time the home occupation is reviewed.

(o)

Garage sales shall be considered a home occupation when more than one sale is held during a month at a given residence.

(3)

Process to obtain home occupation permit and business license.

(a)

Applicant submit an application for a home occupation permit to the city clerk to be reviewed by the commission. The commission shall provide their recommendation to the board of aldermen. If the home occupation is approved by the board of aldermen, the applicant shall be issued a home occupation permit.

(b)

Following the acquisition of the home occupation permit the applicant must obtain a business license from the city pursuant to Chapter 13 of the Code of Ordinances, City of St. Clair, Missouri.

(4)

Permitted home occupations. Customary home occupations include, but are not limited to, the following list of occupations with the approval of the board of aldermen.

(a)

Accountant.

(b)

Architect

(c)

Artist

(d)

Attorney

(e)

Tutor (for individuals)

(f)

Insurance Agent

(g)

Barber (with no more than one barber chair for clients)

(h)

Beautician (with no more than two chairs for clients)

(5)

Uses that are prohibited. The following uses by their nature have a tendency, once started, to increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area. Therefore, the uses specified below shall not be permitted as home occupations: auto repair (other than personal), carpentry work, painting of vehicles or large household appliances, furniture stripping and similar uses.

(6)

Noncompliance of home occupation permit. Any applicant not complying with the restrictions and criteria herein specified shall be subject to the penalties as provided for in this appendix.

(7)

Re-approval and certification of home occupations. Home occupations shall be subject to review and re-approval by the commission when deemed necessary by the commission. Review of home occupations may be scheduled at the time of the original hearing or at a later date if needed. At the time of reconsideration, the home occupation may be rescinded or re-approved; if re-approved, additional contingencies may be added.

(1)

Residential districts. It shall be at the discretion of the individual property owners to landscape their lots; however, at any given time the following provisions shall apply:

(a)

No tree, or ground cover shall be planted of a type of species apt to destroy, impair, or otherwise interfere with any street improvements, sidewalks, curbs, gutters, sewer, or other public improvements. It is suggested that the property owner contact the city prior to landscaping within any street right-of-way or utility easement.

(b)

Vines of climbing plants growing over street signs, fire hydrants, gas meters or other public property shall be removed by the property owner.

(c)

On a corner lot, no planting or other obstruction to vision extending to a height in excess of 30 inches above the established street grade shall be erected, planted or maintained within the sight-distance as an established area extending 50 feet from the point of intersection of the two streets adjacent to the corner lot.

(d)

All landscaping shall be properly maintained according to city ordinances presently in effect. The individual property owner shall be responsible for such maintenance.

(e)

For all multi-family zoning districts, "R-3", a landscape plan shall accompany, or be a part of; each site plan, and no site plan shall be approved without the commission's review and approval of said landscape plan. The landscape plan shall contain size, type and location of plantings. All "R-2" Two-Family Residential zoning districts shall be required to have a landscape plan to be forwarded to the commission for its review and approval. Landscaping is to be completed prior to issuance of a certificate of occupancy by the building inspector.

(2)

Non-residential districts (commercial/industrial). In "C" (Commercial) and "I" (Industrial) districts, the landscaping/screening requirements are as follows:

(a)

Screening requirements.

1.

All screening and buffering requirements previously set forth in the individual districts shall be the responsibility of the lot owner or developer to install and maintain.

2.

When off-street parking areas for six or more vehicles are located within, or adjacent to, a residential district, and where such parking areas are not entirely screened visually from such lot by an intervening building or structure, a continuous, visual screen with minimum height of six feet shall, be provided between the parking area and the said lot or residential district. Such screen shall consist of a solid fence or masonry wall, a compact evergreen hedge or foliage screening may be approved as an alternative by the commission.

3.

Protective screening. When off-street loading spaces are located within, or adjacent to, a residential district, and where such loading spaces are not entirely screened visually by an intervening building or structure, a continuous visual screen with a minimum height of eight feet shall be provided between the loading space and the said lot or residential district. Such screen shall consist of a solid fence or a masonry wall, a compact evergreen hedge or foliage screening may be approved as an alternative by the commission.

(b)

Landscaping requirements.

1.

A landscape plan shall accompany, or be a part of, each site plan, and no site plan shall be approved without the commission's approval of said landscape plan. This landscape plan shall include size, type and location of plantings and shall include parking lot planting islands, perimeter plantings, and similar landscape features. The majority of evergreen trees shall be a minimum of six feet in height.

2.

Where off-street parking spaces are provided, a minimum of ten square feet of landscaping shall be provided for each space within the parking area or lot, or as approved by the commission. While no specific tree species or plantings are given in this appendix, the developer or owner shall be expected to provide sufficient landscaping details on the plans at the time of submittal. The use of earthen berms or sculpting shall be encouraged provided these are designed in an area of enough size so as to cause no erosion, drainage or maintenance problems.

(3)

Screening and landscaping. All off-street parking facilities, with the exception of a single-family detached dwelling or a two-family dwelling, shall be screened and landscaped in accordance with the following design standards.

(a)

Planting strip along property lines.

1.

Along each property line of the zoning lot, a planting strip of four feet minimum width shall be provided between said property line and the off-street parking facilities. Where parking facilities for nonresidential uses abut a residential district, a sight-proof fence or hedge of not less than six feet in height shall be provided along the perimeter of the off-street parking facility within the planting strip herein described.

2.

In the case of a common/shared driveway entrance/exit the requirement for a four feet minimum width planting strip will be waived. However, the remainder of the site shall contain sufficient additional landscaped areas to compensate for the loss of the planting strip or a portion thereof.

(b)

All off-street parking facilities shall be appropriately broken by linear planting strips or variable shaped islands in the interior of the facility. Such planting strips or islands shall be satisfactorily landscaped with trees or other suitable vegetation and shall constitute no less than five percent of the total area of the off-street parking facility excluding the four foot planting strip previously mentioned.

(c)

The selection of trees, hedges and other planting materials shall be approved by the commission.

(d)

All screening and landscaping shall be installed in conformance with the "corner visibility" restrictions of this appendix, or having the highest visibility.

(e)

The selection of trees, hedges, and other planting materials shall be as approved on the landscape plan. All modifications shall be reviewed and approved by the commission.

(4)

All landscaping indicated on the approved site development plan shall be installed prior to issuance of a certificate of occupancy by the building inspector. If installation of landscape materials cannot be accomplished due to weather conditions or other factors, an escrow shall be established to guarantee purchase and installation of all landscape materials. The escrow shall be submitted for approval by the commission and shall otherwise be submitted in compliance with the process established herein. Upon installation of the landscape materials, the escrow shall be released by the city.

(5)

Trash containers shall be enclosed and screened per the requirements of each zoning district. Where a trash enclosure is required, the following conditions shall apply:

(a)

All exterior waste containers shall be located on a paved surface. If a floor drain is installed outside the waste container to serve the waste container, the pad shall not exceed three feet on any side of the actual dumpster. The pad shall be sloped towards the floor drain which shall be directed to the sanitary sewer system through the grease interceptor structure. Drainage beyond the waste container area shall be directed towards the storm sewer system.

(b)

Reinforced concrete approaches shall be provided in front of the access doors to the screened area; the approaches shall be a minimum of 20 feet in length and at least as wide as the screened area.

(c)

Unless otherwise specified in the specific zoning district requirements, all screening of waste containers shall be a masonry, vinyl, or wood fence material.

The intent of this provision is to provide pedestrians with safe and convenient access to schools, recreational, retail areas, and places of employment. In general, sidewalks should be located in the public right-of-way parallel to the street pavement. However, when a sidewalk can be integrated into a linear park system, consideration should be given to combination pedestrian/bicycle paths. In any event, the purpose of sidewalks shall be to connect people with specific destinations within the city. The following specifications shall apply:

(a)

Arterial streets (right-of-way—70 feet).

1.

Sidewalks required on both sides of street.

2.

Minimum width of sidewalk shall be five feet in residential and commercial Districts unless otherwise specified by the commission.

(b)

Collector streets (right-of-way—60 feet).

1.

Sidewalks shall be required on both sides of all collector streets.

2.

Minimum width of sidewalks shall be five feet in residential and commercially zoned areas unless otherwise specified by the Commission.

(c)

Minor (local), dead-end, and cul-de-sac streets (right-of-way—50 feet).

1.

A sidewalk shall be required on one side of all minor subdivision roadways. A primary subdivision roadway shall be defined as any entrance/exit roadway or connection thereto to its termination or connection with any secondary entrance/exit of the subdivision.

2.

A minimum of a five foot wide sidewalk with appropriate easement shall be provided to facilitate access and connection to community facilities, adjacent subdivisions, and to the bicycle path network within the community.

(d)

Sidewalks for pedestrian/bikeway movement shall be a minimum of six feet in width. Property easements for such purpose shall be a minimum of ten feet. The commission shall require additional easements where necessary.

(1)

In planning and developing a lot or tract, the developer shall comply with the general principles of design and minimum requirements for the layout of a site concerning required improvements, and in every case shall pursue the following procedures.

(2)

Pre-application proceedings. Not less than 45 days prior to the preparation of the site plan, the developer shall consult with the designated city representative in order to become familiar with the standards established in these regulations and the provisions of the comprehensive plan affecting the land proposed to be developed and present a concept plan for consideration.

(3)

Process of submission site plan.

(a)

The developer after the advisory meeting, may then initiate a request for formal review of the site plan. The developer shall submit said plan, and pay the applicable fee, in accordance with the established scheduled meeting of the commission at which action is desired. After review of plan by administrative officer, and subsequent notification of deficiencies/problems, developer/owner shall resubmit corrected plan not less than seven working days prior to the commission meeting. Resubmitted plans containing more than six deficiencies shall not be submitted to the commission for review.

(b)

All site plans shall be prepared and sealed by a qualified and registered professional engineer or registered land surveyor.

(c)

The applicant shall submit a sufficient number of prints as required by the administrative officer for all staff reviews and commission and board of aldermen reviews. The prints shall be black or blue line with all copies in the format desired by the city.

(d)

Site plans submitted for the initial review without substantial information, or submitted for the final formal review that omit more than six items as required under herein, shall be required to resubmit the plan with the appropriate fee.

(e)

All plans shall be acted on by the commission within 60 days of plan submittal to the city. The commission shall make a recommendation on the site plan. The board of aldermen shall be the final approving authority.

(f)

A traffic impact study may be required by the director of public works if deemed necessary for the analysis of a development project by the commission.

(4)

Information required on a site plan.

(a)

The site plan shall be drawn to scale of not greater than 100 feet to the inch and shall contain the following information:

1.

Vicinity map (not to scale).

(i)

Show nearby existing streets and highways.

(ii)

Identify by name abutting Subdivisions or developments.

2.

North arrow and scale and property address from the applicable fire protection district.

3.

Title block.

(i)

The proposed name of the development.

(ii)

Names and addresses of property owners including phone number.

(iii)

Names and addresses of architect, and planner, engineer, designer, or land surveyor.

(iv)

Date prepared.

(v)

Tract designation.

4.

Boundary line showing bearings and distances.

5.

Adjacent properties information—existing and proposed. Ownership and use of land, zoning classifications.

6.

Utilities and easements.

(i)

Indicate name and phone number of the company or jurisdiction providing the following services: water, sanitary sewer, electric, telephone, gas, cablevision.

(ii)

Identify size and location of existing water lines, sewer lines, electric service and other existing utilities. Show the location of future water and sewer lines and electric service.

(iii)

Indicate existing and proposed easements on plan including perimeter utility easement.

7.

Lot dimensions.

(i)

Provide lot dimensions for all proposed lots.

a.

Indicate approximate square footage of the lot. Provide notes reflecting minimum side, rear, and front dimensions exclusive of public right-of-way.

b.

Indicate minimum lot width at the building line on irregular shaped lots or lots having a measurement less than the required lot width at the building line.

(ii)

Indicate gross acreage for each lot to be reviewed exclusive of public right-of-way.

(iii)

Indicate building dimensions and square footage of the same.

(iv)

Indicate building lines and dimension of the building to the property lines.

8.

Public and private streets and curb cuts.

(i)

Show all proposed streets and improvements to existing sheets. Indicate whether public or private, width of pavement, width of right-of-way and name of streets.

(ii)

Dimension curb cuts on all nonresidential development.

(iii)

Show adjacent or connecting streets and their names.

(iv)

Show all street lighting.

(v)

Comply with segment of regulations which specifies information to be supplied at the time of filing of the development plan as it relates to stormwater management planning.

(vi)

Indicate basic soil erosion control plan to be utilized during site development.

(vii)

Other information as may be required by the commission.

9.

Physical characteristics and stormwater management.

(i)

On-site plans provide existing contours at two foot intervals and one foot intervals for proposed.

(ii)

Indicate natural features to be left undisturbed including natural watercourses. The development shall leave as much of the natural topography and tree growth as reasonably possible to facilitate erosion control and aesthetic considerations.

10.

Parks/open space, recreational areas and common ground.

(i)

Parks and open space land shall be shown on the plan.

(ii)

Recreational area, if proposed, shall delineate type of facilities and who will be responsible for operation and maintenance of same.

(iii)

All common ground areas shall be shown with an appropriate note provided regarding administration of same.

11.

Setback and yards. Setback and appropriate yards shall be at least those specified for the applicable district.

12.

Sidewalks—where required (refer to sidewalk regulations). Show side(s) of Street(s) where sidewalk is to be located and length of same.

13.

Additional information required for nonresidential site plan development. Refer to specific zoning district for details.

(i)

Protective screening for properties abutting residential zoning districts.

(ii)

Trash containers. Show location and indicate that screening shall be a minimum of six feet in height and compatible with the building style.

(iii)

Street lighting. Show location.

(iv)

Landscape plan. No site plan shall be approved without an acceptable landscape plan. Information on location of plantings, species, numbers, and size is appropriate.

(v)

Building outline and floor area. Dimension floor area and identify building usage. If multiple use, provide appropriate floor area breakdown. Provide other information including building entrances as required by the commission.

(vi)

Parking and off-street loading.

a.

All parking shall be based upon building use(s) in accordance with parking requirements provided in these regulations. Handicapped spaces shall be provided. Appropriate dimensions shall be given for all parking spaces and access aisles. Handicapped parking space signs and ramps shall be indicated where applicable. Off-street loading shall be provided as specified in these regulations and shall be appropriately dimensioned.

b.

Indicate curb and gutter on all parking lots.

(vii)

In order to insure architectural compatibility within non-residential and certain residential zoned areas of the city, the commission shall require architectural drawings and profiles to accompany site plans.

(b)

Prior to issuance of a building permit, but not later than 120 days following approval of the site plan two copies of the revised site plan incorporating all requirements shall be submitted to the City of St. Clair. Digital media shall also be provided. Failure to provide said revised plans will render the plan null and void.

(c)

If the site work approved through the site plan approval process has not been substantially begun within 12 months after site plan approval, the site plans shall become null and void. An applicant must refile the appropriate information and applicable fee when said site plan has been voided.

(5)

Architectural review for structures in all zoning districts except "R-1a", "R-1b" and "R-1c" Single-Family Residential districts and "R-2" Two-Family Residential district.

(a)

Purpose. The intent of this subsection is to assure the mutual compatibility and appearance of buildings and their surroundings in the City of St. Clair.

(b)

Application review responsibility.

1.

The criteria shall apply to all new building construction excluding single-family and two-family dwellings. The commission, prior to issuance of a building permit by the city, shall have the responsibility to review renderings, except as provided for hereinafter. Where building additions or alterations are considered, the commission shall review renderings for consistency with original renderings. At the time of occupancy and/or use change, the commission may require modifications to the building exterior to improve the appearance of the building. For substantial remodeling or renovation of a building, a revised rendering or elevation drawing shall be submitted to the commission for review.

2.

For all attached housing units including, but not limited to, villas and multi-family buildings, the following architectural requirements will apply:

(i)

Buildings which exceed one story above-grade in height shall be constructed of masonry on all four sides of the building; all other buildings shall include a majority of masonry materials, but may include other maintenance free materials such as vinyl siding.

(ii)

The administrative officer shall be given the authority to approve renderings or colored photos but cannot reject the same. Any renderings of multi-family units not approved by the staff shall be brought to the commission. The commission shall review those renderings and shall approve or deny the renderings no later than the second regular meeting of the commission. If the commission denies said renderings, the chairman shall set forth in writing the reasons for denial by the commission.

(c)

Submission guidelines/requirements.

1.

A perspective colored rendering detailing the building's profiles must be submitted for commission review along with the site plan. The rendering shall be drawn on a 24 inch by 30 inch (minimum size) sheet of paper at a scale no smaller than 20 feet to the inch. The commission may, at its discretion, accept colored photos if they are of reasonable quality. Where multiple buildings are proposed and they will differ architecturally, the site plan applicant is expected to supply all appropriate renderings. Materials to be used and colors proposed for the exterior are to be shown/listed on the rendering.

2.

A file ready (approximately eight and one-half inches by 11 inches size) copy of photo of the rendering must also be submitted to the commission by the final submittal date of the site plans. Said copy of photo is to be kept for record and will not be returned to applicant and/or developer. Plans submitted for review with a building permit application shall essentially be in accord with the renderings or the permit will be denied.

3.

Where deed or subdivision documents contain architectural standards, applicant shall supply a copy of same to the administrative officer.

(d)

Criteria.

1.

All buildings shall be architecturally treated on all sides of the building to create a consistent and attractive building appearance. All new buildings shall be designed so as to match or complement existing buildings in the vicinity.

2.

Architectural materials shall be as approved on the architectural renderings. All new buildings shall consist predominantly of masonry/brick, wood, architectural panels, or glass. EFIS or stucco type material shall be considered as accent material. The commission may approve other materials that provide similar or equal architectural treatments.

3.

Roof top utilities such as, but not limited to, cooling towers and heating and cooling equipment installed in conjunction with any buildings or installed on any building heretofore erected shall be screened/enclosed with walls of brick, wood, or other similar architectural material extending to the height of the highest projection of such equipment from all sides.

4.

Exterior walls of buildings exposed as the result of demolition or removal of an adjacent building, unless such walls are in good condition and architecturally compatible with other walls and surrounding buildings, shall be renovated or improved, as required by the commission, to provide such compatibility.

5.

Retaining walls and similar walls shall be of a decorative treatment as approved by the commission. Exemption from this requirement shall be as approved by the commission.

(6)

Public improvements installed or guaranteed in all zoning districts except "R-1a", "R-1b" and "R-1c" Single-Family Residential districts. Site plan public improvements shall be installed or guaranteed as herein provided:

(a)

Before the city issues a site development permit as required, the developer/contractor must have submitted and obtained approval of improvement plans for all public improvements planned for each site and have established a satisfactory escrow agreement, lender's agreement or land subdivision bond insuring or guaranteeing the construction in accordance with the approved plans of all improvements to be dedicated to the city and restoration of the site in case of project abandonment or project completion in the case of failure to complete the project.

Guarantee Agreements:

1.

Agreements shall be prepared on forms furnished by the City of St. Clair. Four originals shall be provided to the city.

2.

Agreements shall be approved by the city attorney.

3.

Agreements shall guarantee the improvements set forth in the approved improvement plans by providing for deposit (cash, certified check or cashier's check) with the City of St. Clair or an Institution whose deposits are Federally insured by the United States Government of that sum of lawful monies of the United States of America or a lender's agreement in the amount which the city engineer shall reasonably estimate as the cost of said improvements. The developer/contractor shall submit a listing of improvement quantities along with the estimated unit cost to facilitate the city engineer completing the estimate.

4.

If there is an escrow sum, it shall be held in a special account by the escrow holder subject to the audit by the City Engineer and/or Board of Aldermen of the City of St. Clair, Missouri.

5.

If there is a lender's agreement, it shall be subject to audit by the City Engineer and/or the Board of Aldermen of the City of St. Clair.

6.

Bonds shall be with a surety approved by the city and in a form approved by the city.

(b)

The estimated sum shall be held by the escrow holder or the lender as provided for in the agreement. Authorization shall be written and addressed or copied to the escrow holder or the lender authorizing release. The city engineer may authorize release for disbursement by the escrow holder or lender for the payment of labor and materials used in the construction and installation of the improvements guaranteed, as the work progresses, and when such work is approved by the city engineer.

(c)

For improvements which are to be dedicated to the City for maintenance, ten percent of the total monies estimated for said improvements shall be retained for a period of two years from the date of acceptance of the instrument of dedication by the board of aldermen to guarantee proper construction of said improvements. All improvements dedicated to the city shall be the responsibility of the city only upon acceptance of the improvements by ordinance approved by the board of aldermen. In the event that during this two years period any of the improvements escrowed for deemed by the city engineer to fail the construction guarantee, the ten percent retention shall be used for reconstruction, repair or modification of the improvements as may be required. After the period of two years after the date of acceptance of the instrument of dedication and correction of any deficiencies, all monies remaining in the escrow account shall be released. If deemed in the city's best interest not to perform remedial work within the aforementioned one year period and the developer/contractor agrees to extend the escrow agreement, release of all monies can be delayed until a mutually agreed upon date has been reached. No authorization for release shall be made until inspections have been made certifying that the improvements have been constructed in accordance with the approved plans and meet all requirements of the City of St. Clair.

(d)

In the event that the improvements which are to be dedicated to the city are not satisfactorily installed and dedicated within two years after the approval of the improvement plans, the City of St. Clair has the right to remove said monies to complete the guaranteed improvements, complete the site improvements and/or restore the site unless an extension in time is granted by the commission.

Before a street name can be assigned or used, the board of aldermen must provide written approval of the street name. The developer must submit said written approval prior to the commission's review of the site plan and/or preliminary plat. Street names shall not duplicate those used in City of St. Clair or Franklin County.

In order to change a street name, person(s) must follow the procedure below:

(a)

Person(s) requesting a street name change must appear before the commission at their regular meeting. In order to appear before the commission, person(s) requesting said street name change(s) shall submit a letter detailing the change(s) to the city not less than ten working days prior to the commission's next meeting date. The city clerk shall inform the commission of the requested change(s) and place said change(s) on the appropriate agenda.

(b)

A copy of the commission's recommendations will be provided to the board of aldermen. The board of aldermen may act on the commission's recommendation.

(c)

Upon the board of aldermen's approval, the city clerk will provide the county recorders and assessor's office with copies of the affidavit approving said street name change(s). The city clerk will inform the appropriate fire protection district and post office of the name change and make the necessary corrections to the official maps of the City of St. Clair.

See City Ordinance Number 1845.

Stands for the sale of farm products grown on the premises; provided, however, that up to one-third of the display area for produce may be used for the sale of products not grown on the premises. Such road side stands that are operated and maintained for periods of ten days or less within a calendar year shall not require a conditional use permit. All temporary or seasonal roadside stands are required to obtain a proper business license from the City of St. Clair.

Mobile homes are prohibited as a dwelling within the city except as may be retained as a lawful non-conforming use. Mobile homes and manufactured homes shall further be subject to Chapter 13 ½ of the City Code, "mobile homes and mobile home parks," and such other requirements of applicable law.

No medical marijuana use, in any zoning district in the City of St. Clair, shall be located within 750 feet of any then-existing elementary school, secondary school, child day-care facility, or church. As used in the previous sentence, "then-existing" shall mean any elementary school, secondary school, child day-care center, or church with a building permit from the city to be constructed, or under construction, or completed and in use at the time the medical marijuana use applies for a zoning permit.

When measuring the spacing requirement, the following guidelines shall be followed:

1.

In the case of a freestanding medical marijuana use facility, the distance between the distance between the facility and the elementary school, secondary school, child day-care facility, or church shall be measured from the external wall of the facility structure closest in proximity to the elementary school, secondary school, or church to the closest point of the property line of the elementary school, secondary school, child day-care facility, or church.

2.

In the case of a medical marijuana use facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the elementary school, secondary school, child day-care facility, or church shall be measured from the property line of the elementary school, secondary school, child day-care facility, or church to the facility's entrance or exit closest in proximity to the elementary school, secondary school, child day-care facility, or church.

3.

Measurements shall be made along the shortest path between the demarcation points that can be measured by ruler on a map (i.e. online version of Google Maps).

(Ord. No. 1970, § 3, 6-17-19)

(1)

Qualifying patient medical marijuana cultivation. In addition to existing accessory uses enumerated and/or authorized in each zoning district, on any lot in the city, a person holding a current, valid medical marijuana cultivation identification card issued by the state of missouri may have as an accessory use qualifying patient medical marijuana cultivation as permitted by Article XIV, Section 1 of the Missouri Constitution so long as all of the following conditions are met:

(a)

The accessory use must take place only in a facility that is enclosed, locked, and equipped with security devices (the "cultivation area"), all of which shall be designed in such a way as to permit access only by the qualifying patient or by such patient's primary caregiver and in conformance with all federal and Missouri laws and regulations.

(b)

The accessory use must fully comply with Article VII, Section N, Fence Requirements, of the Zoning Code of the city, if fenced. The accessory use shall be within a completely walled, enclosed structure where practicable.

(c)

The state-issued qualifying patient cultivation identification card or cultivation authorization must be clearly displayed within the cultivation area and in close proximity to the marijuana plants.

(d)

The accessory use must have an odor control system that is at least as stringent as that which is required by Missouri regulations.

(e)

No marijuana may be smoked, ingested, or otherwise consumed or administered on the lot except by a qualifying patient.

(f)

One qualifying patient may cultivate up to six flowering marijuana plants and six nonflowering marijuana plants at any given time in a single, enclosed locked facility.

(g)

Two qualifying patients, who both hold valid qualifying patient cultivation identification cards, may share one enclosed, locked facility but no more than 12 flowering marijuana plants and 12 nonflowering marijuana plants may be cultivated in a single, enclosed locked facility, except when one of the qualifying patients, as a primary caregiver, also holds a qualifying patient cultivation identification card for a third qualifying patient, in which case that primary caregiver may cultivate six additional flowering marijuana plants and six additional nonflowering marijuana plants for a total of 18 flowering marijuana plants and 18 nonflowering marijuana plants in a single, enclosed and locked facility.

(h)

All cultivated flowering marijuana plants in the possession of a qualifying patient or primary caregiver shall be clearly labeled with the qualifying patient's name.

(i)

All medical marijuana cultivation must cease immediately upon the expiration or revocation of a state-issued qualifying patient cultivation identification card.

(j)

Nothing in this section shall convey or establish a right to cultivate medical marijuana in a facility or on a premise where state or federal law or a private contract would otherwise prohibit doing so.

(Ord. No. 1970, § 9, 6-17-19)