City of Fenton - Land Uses

Academic School

ACADEMIC SCHOOL
Any private or publicly owned and operated Institution providing academic instruction for students from preschool up to and including 12th grade.

Accessory Uses related to Farming

Animal Hospital

ANIMAL HOSPITAL
An establishment designed to provide medical care to animals, and which may have the capability of providing on-site overnight care and boarding but does not include outdoor kennels or runs.

Apartment

APARTMENT
A room or suite of rooms in a Building intended or designed for use as a single Dwelling Unit, provided with separate cooking and sanitary facilities.

Art Dealer

ART DEALER
An establishment engaged in the sale of works of art.

Artisan, Craftsman, and Photograph Studio

ARTISAN, CRAFTSMAN, AND PHOTOGRAPH STUDIO
The workshop or studio of an artist, craftsperson, sculptor, tattoo artist, or photographer, which workshop is primarily used for on-site production of unique custom goods through the use of hand tools or small-scale equipment, and only incidentally used, on an infrequent basis if at all, as an Accessory gallery or for incidental sales.

ATM Facility

AUTOMATED TELLER MACHINE (ATM FACILITY)
A mechanized consumer banking device operated by a Financial Institution for the convenience of its customers, whether outside or in an access-controlled facility. ATM Facilities located outside of a Building and not on the premise of a Financial Institution shall be considered a Principal Use.

Automotive Collision Shop

AUTOMOTIVE COLLISION SHOP
An establishment primarily engaged in the major repair of Automobiles, including the straightening of body parts, painting, welding, installation, or repair of equipment or parts on motorized vehicles such as mufflers, brakes, tires, radios, transmissions, glass, and engines or engine parts and short-term outdoor storage of Automobiles and until such repairs are performed, but excluding dismantling or salvage.

Automotive Convenience Store

AUTOMOTIVE CONVENIENCE STORE
An establishment primarily engaged in gasoline, diesel fuel, and oil sales at retail (with no Automobile repair facilities) and the retail sale of a limited line of goods that generally includes tobacco products, milk, bread, soda, snacks, and similar household convenience goods for customers. Such establishment may include an Accessory automatic car wash.

Automotive Customizing Shop

AUTOMOTIVE CUSTOMIZING SHOP
An establishment that primarily provides indoor after-sales services for Automobiles (including the attendant retail sales of accessories for such Automobiles), such as installation, conversion, and modifications to the interior or exterior of Automobiles, and may include indoor automotive detailing or dent removal.

Districts Where Allowed Districts where use is allowed: BP-3, C-1, C-2, CP-1, HP-1, IP-1, OT-2 Districts where use may be allowed with Special Use Permit: OT-3

Vehicle Parking:
For complete details, see Article I: Off-Street Parking and Loading.

Development Requirements:
HP-1 District - Automotive Customizing Shop, including the outdoor display of customized vehicles for sale is allowed by Special Use Permit.

Automotive Sales, New

AUTOMOTIVE SALES, NEW
An establishment primarily engaged in the sale and/or lease of new Automobiles, including incidental outdoor display, parking, and indoor servicing of Automobiles available for sale or lease. Such a use also may include the sales of used Automobiles as a subordinate use.

Automotive Sales, Used

AUTOMOTIVE SALES, USED
An establishment primarily engaged in the sale of used Automobiles, including incidental outdoor display, parking, and indoor servicing of such vehicles available for sale.

Automotive Service Store

AUTOMOTIVE SERVICE STORE
An establishment primarily engaged in the sale and replacement or servicing of spark plugs, oil, water hoses, brake fluids, batteries, distributors, tires, brakes, fuel pumps, or other automotive parts or accessories for Automobiles. An Automotive Service Store may perform minor repairs of Automobiles and may have short-term outdoor storage of such Automobiles until such repairs are performed but excluding dismantling or salvage.

Automotive Washing facility

AUTOMOTIVE WASHING FACILITY
An establishment engaged in washing and cleaning of Automobiles and related light equipment. Typical uses include self-service service and full-service car washes.

Banquet Facility

BANQUET FACILITY
An establishment available for lease by private parties to accommodate functions, including, but not limited to, banquets, weddings, anniversaries, and similar celebrations or events, including Accessory facilities thereto. Banquet Facilities may serve alcohol and have Outdoor Dining as an Accessory Use.

Bed-and-breakfast Inn

BED-AND-BREAKFAST INN
An establishment operated in a Residential Dwelling or portion thereof, consisting of between one (1) and twelve (12) guest rooms, which provides temporary accommodations to overnight guests for a fee, and which is occupied by the operator of such establishment.

Business Service Shop

BUSINESS SERVICE SHOP
Shops primarily engaged in providing or rendering services to business establishments such as employment service, mailing or copy and printing shops, shipping stores, and Sign shops.

Carports

CARPORT
A roofed Structure providing space for the off-street parking or storage of motor vehicles and enclosed on not more than three (3) sides.

Church

CHURCH
A church, synagogue, temple, mosque, or other facility that has a Principal Use of religious worship of any denomination.

Clubs and Civic Lodge

CLUB AND CIVIC LODGE
An organization of persons for special purposes or for the promulgation of sports, arts, literature, politics, or other common goals, interests, or activities characterized by membership qualifications, dues, or regular meetings, excluding clubs operated for profit and/or Churches.

Commercial Motor Vehicle Dealer

COMMERCIAL MOTOR VEHICLE DEALER
An establishment engaged in the business of buying, selling, exchanging, or offering to negotiate, negotiating, or advertising the sale of a Commercial Motor Vehicles, including the outdoor display of vehicles, distribution of parts, and indoor service.

Commercial Motor Vehicle Repair

COMMERCIAL MOTOR VEHICLE REPAIR
An establishment primarily engaged in the indoor repair or customization of Commercial Motor Vehicles, including the straightening of body parts, painting, welding, installation, or repair of equipment or parts on motorized vehicles such as mufflers, brakes, tires, radios, transmissions, glass, and engines or engine parts and short-term outdoor storage of Commercial Motor Vehicles until such repairs are performed, but excluding dismantling or salvage.

Community Center

COMMUNITY CENTER
A facility owned by a public or not-for-profit entity that is designed for indoor and outdoor group activities, including meeting or recreational rooms, pools, ballfields, and/or playgrounds located on the same Lot.

Comprehensive Marijuana Cultivation Facility

Facility licensed by the Department where Cultivation operations for Medical or adult use occur. A Comprehensive Marijuana Cultivation Facility need not segregate or account for its Marijuana Products as either non-Medical Marijuana or Medical Marijuana.

Comprehensive Marijuana-Infused Products Manufacturing Facility

A Facility licensed by the Department where Marijuana-Infused Products and Prerolls are manufactured for Medical or adult use. A Comprehensive Marijuana-Infused Products Manufacturing Facility need not segregate or account for its Marijuana Products as either non-Medical Marijuana or Medical Marijuana.

Condominium

CONDOMINIUM
A Dwelling Unit in a Multi-Family Dwelling Building in which a person has both separate ownership of a Dwelling Unit and a common interest, along with the Condominium's other owners, in the common areas.

Construction Equipment Dealer

CONSTRUCTION EQUIPMENT DEALER
An establishment primarily engaged in the sale and/or rental of construction equipment, power systems, and parts, and the outdoor display and indoor service of such equipment; which may include a truck and trailer rental facility affiliated with and subordinate to the Construction Equipment Dealer on the same property.

Convention Center

CONVENTION CENTER
A facility used for business or professional conferences and seminars, often associated with a Hotel.

Day Care Facility

DAY-CARE FACILITY
An establishment providing Child Care for more than four (4) children during the daytime. "Day-Care Facility" does not include Child Care as an Accessory Use.

Distilleries

DISTILLERY
An establishment that produces alcoholic beverages on-site and generally includes an Accessory tasting room. A tasting room allows customers to taste samples of products manufactured on-site and purchase related sales items.

Dock for watercraft vehicles

Drive-Through Services

DRIVE-THROUGH SERVICE
An Accessory Use where patrons are served through a window or other device while remaining in their motor vehicles.

Districts Where Allowed Districts where use may be allowed as an accessory use: BP-1, BP-2, BP-3, BP-4, C-1, C-2, CP-1, HP-1, IP-1, OT-1, OT-2, OT-3, OT-5, PID

Development Requirements:
Requirements And Standards For Drive-Through Services.

A. In addition to other applicable provisions in this Code, all Drive-Through Services shall be governed by the provisions in this Article.

1. Site Plan Review.

a. Site Plan Review shall be required for all Drive-Through Services in conjunction with a Permitted Use or Use allowed by Special Use Permit in a Non-Residential District.
b. Site Plan Review shall not be required for freestanding ATM Facilities. In applicable Districts, freestanding ATM Facilities shall be permitted under the provisions of Section 410.080, Procedures for Obtaining a Special Use Permit.
c. Site Plan Review applications for Drive-Through Services shall comply with all requirements and procedures set forth in this Chapter 425, Article III. In addition, the Director may require the Applicant to submit, at Applicant's cost, a sealed traffic study, acceptable to the City, with the Site Plan Review application when the layout of the Property or proposed Drive-Through Services or the existing traffic on the Property is deemed to potentially have an adverse impact on traffic or parking conditions on the Property or adjacent Streets and accessways. The traffic study shall include the following:

(1) Average time required to serve a typical customer;
(2) Arrival rate of customers, including peak hours of demand; and
(3) Opinion as to likely impact Drive-Through Services will have on parking and traffic circulation congestion, both on-site and on adjacent Streets and accessways.

d. Any Lot that changes its Principal Use must submit, and receive approval of, a new Site Plan Review prior to operating new Drive-Through Services.

2. Design Standards. All Drive-Through Services shall adhere to the following design standards:

a. Each queuing lane shall be designed to prevent parking and traffic circulation congestion, both on-site and on adjacent Streets and accessways.
b. Queuing lanes shall have a minimum width of twelve (12) feet, unless otherwise waived by the Commission or Board based on the findings of a traffic study.
c. Queuing lanes that obstruct the pathway between the Off-Street Parking Areas and entries into the Building shall be designed with a pedestrian crossing that is delineated by raised or delineated pavement and signage.
d. No Drive-Through Services shall be located across the Street from or adjacent to a Lot in a Residential District or Lot with a Residential Use, unless the intervening Street is an Arterial or Collector Street.
e. The Commission or Board may require additional landscaping and/or Fencing be provided for Drive-Through Services when it is deemed necessary to provide a Buffer Area for adjacent uses.
f. Order/menu boards for Restaurants shall not exceed seven (7) feet in height or fifty (50) square feet in area. Order/menu boards in size, location, or number that is not permitted may be authorized under a Sign Plan, or when possible, in conjunction with or as part of Site Plan Review.

3. Queuing Space Requirements.

a. Each queuing space shall be a minimum of twenty-two (22) feet, unless otherwise waived by the Commission or Board based on the findings of a traffic study.
b. Queuing spaces for Drive-Through Services shall be provided as follows:

Land Use	Queuing Spaces*
Financial Institutions	4 queuing spaces per service window or Automated Teller Machine
Restaurants, with pick-up window and separate order board and/or pay window	5 queuing spaces, plus 3 queuing spaces from order board to pay window (if provided), plus 2 queuing spaces to pick-up window. If no separate pay window is provided, a total of 10 queuing spaces shall be provided.
Restaurants, with pick-up window only	5 queuing spaces
General Retail Use and Personal and Business Service Shops	3 queuing spaces per service window
ATM Facilities (Freestanding)	3 queuing spaces
Automotive Washing Facility (Self-Service)	Line-up area for each wash stall sufficient to accommodate 4 cars.
Automotive Washing Facility (Not Self-Service)	Reservoir (line-up) parking equal to 5 times the capacity of the car wash bay.
Other Uses	If the Land Use is not provided above, the Commission or Board shall determine the required queuing spaces based on the traffic report submitted with the Site Plan Review application and/or analysis of an existing comparable facility within or in near proximity of the City.
Exceptions	The Commission or Board may reduce or increase required queuing spaces for a Land Use provided above based on the traffic study submitted with the Site Plan Review application and/or analysis of an existing comparable facility within or in near proximity of the City.

Dwelling, Multifamily

DWELLING, MULTIPLE-FAMILY
One (1) or more Buildings containing a minimum of three (3) or more Dwelling Units per Building.

Dwelling, Single-Family

DWELLING, SINGLE-FAMILY
A Detached Building containing one (1) Dwelling Unit, provided, however, notwithstanding any other provisions of this Code to the contrary, for the purposes of this Code, a Group Home and Foster Home shall be included in the definition of a Single-Family Dwelling.

Dwelling, Single-Family Attached

DWELLING, SINGLE-FAMILY ATTACHED
Two (2) Single-Family Dwellings sharing common wall areas, each Dwelling having its own Lot.

Dwelling, Two-Family

DWELLING, TWO-FAMILY
A Building designed for or occupied exclusively by two (2) families living independently of each other and being on a single Lot.

Emergency Service Facility

EMERGENCY SERVICE FACILITY
A facility for public organizations/entities that provide public safety services by addressing different emergencies, including police, fire, and ambulance.

Entertainment Facility or Theater

ENTERTAINMENT FACILITY OR THEATER
A Building or part of a Building devoted to showing motion pictures or dramatic, musical, or live performances. For the purposes of this Code, Adult Theater, Adult Arcade, and Adult Cabaret as defined in Section 430.740, shall not be included in the definition of Entertainment Facility or Theater. Entertainment Facilities or Theaters may serve alcoholic beverages with at least fifty percent (50%) of the gross income derived from the sale of prepared meals or food consumed on the Property.

Extended Stay Hotels

HOTEL, EXTENDED-STAY
An establishment that: 1. Offers temporary lodging in rooms which are advertised, designed, intended, or routinely utilized for weekly or monthly occupancy, and typically charges guests on a weekly or monthly basis; 2. May include restaurants, meeting, multi-function, or banquet rooms, and other Accessory Uses and services, including, without limitation, newsstands, gift shops, and similar incidental uses conducted entirely within the Principal Building; 3. May include one (1) manager's quarters for the on-duty manager adjacent to the lobby area; which may include a kitchen or cooking facility but may not exceed the area of a typical guest room within the Hotel or be utilized as a temporary or permanent residence; and 4. Provides kitchen or cooking facilities for the preparation of food by guests in at least thirty percent (30%) of the rooms or units.

Farmers Market

FARMERS MARKET
An establishment where local farmers sell fruits and vegetables and often meat, cheese, and bakery products directly to customers. A Farmers Market may be indoors and/or outdoors and typically consisting of booths, tables, or stands for the sale of products.

Farming

FARMING
The use of a Lot for the production, keeping, or maintenance, for sale or personal use, of plants and animals, including, but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; trees and forest products; fruits of all kinds; vegetables; Nursery; floral, ornamental, and greenhouse products; and Structures necessary for processing, treating, maintaining, or storing of same; but excluding feed lots, stockyards, food canning plants, and animal slaughterhouses and Buildings used for the sale of products on-site. A Farming use may or may not include an Accessory Single-Family Dwelling.

Fencing

FENCING
A Structure, partition, or wall functioning as a boundary or barrier located between a Lot and Street or Alley or between Lots or portions thereof.

Districts Where Allowed Districts where use may be allowed as an accessory use: BP-1, BP-2, BP-3, BP-4, C-1, C-2, CP-1, HP-1, IP-1, NU*, OT-1, OT-2, OT-3, OT-4, OT-5, PG, PID, PR, PS*, R-1, R-1*, R-2, R-2*, R-3, R-3*, R-4, R-6A*

Development Requirements:

Purpose.
This Article contains the regulations for any Fencing installed, constructed, or erected within the City. These regulations may be supplemented and qualified by additional general regulations appearing elsewhere in this Code which are incorporated as part of this Article by reference.

Requirements.
A. Fencing Regulation, In General.

1. Fencing shall be constructed with the structural or supporting members facing toward the area to be enclosed or in such a manner as to present the least conspicuous view of these members to the public as reasonably determined by the Director.
2. Fencing shall not be greater than six (6) feet in overall height, except as otherwise provided in this Article.
3. Fencing shall be located on or inside the Rear and/or Side Lot Lines and shall not extend towards the Street beyond the Front Elevation Line of the Principal Building, except as otherwise provided for within this Article. For these purposes, the Front Elevation Line of a Principal Building on a Corner Lot shall be deemed to be where the main front entrance to the Principal Building is located.
4. Fencing four (4) feet or less in height may be considered by the Director beyond the Front Elevation Line of the Principal Building into the Front Yard if deemed necessary for safety concerns related to water features; bodies of water, such as Detention/Retention Areas, ponds, or lakes, Retaining Walls, etc. or as otherwise required under an applicable code or law.
5. Notwithstanding anything to the contrary, Fencing shall not be constructed on any portion of a Lot within thirty (30) feet of an Intersection.
6. Fencing must be kept in good repair and properly preserved. The Property owner shall repair, paint, remove, or otherwise attend to any Fencing if it becomes unsightly or a menace to public health, safety, and welfare.
7. Allowable materials for Fencing, except where otherwise provided for in this Code, may include wood, plastic or other synthetic materials, woven fabric, chain-link, or masonry elements.
8. The replacement of existing damaged Fencing, including the height, material, and location of original construction, shall not be prohibited by any provision within this Article.

B. Additional Regulations. Fencing on any Lot used for Non-Residential Uses or Multi-Family Dwellings shall further be regulated as follows:

1. Fencing in excess of six (6) feet may be permitted by Director after giving due consideration to the public safety, health, and welfare and the security of the Property, or as otherwise provided within this Section.
2. Blind Fencing for Outdoor Storage Areas or Bins, where required within this Code, may exceed six (6) feet in overall height to block and shield visibility of Outdoor Storage Areas and Bins from the adjacent Streets or properties. The materials used for Blind Fencing shall be of high durability and quality and require low maintenance. Any Fencing constructed of chain-link with slats used to screen Outdoor Storage Areas or Bins must be vinyl-coated in an earth-tone, black, or green color.
3. Where Fencing constructed of chain link is needed to enclose an approved outdoor recreational activity to protect participants and the public, it shall be vinyl-coated and the height of the Fencing shall not exceed ten (10) feet and, if necessary for additional protection, netting suspended beyond the height of the Fencing may be permitted by the Director.
4. Dumpster areas shall be enclosed with Blind Fencing, as follows.

a. Where dumpster areas are visible from the Street, the Blind Fencing shall be constructed of masonry elements, except for the gate which shall be constructed of wood, vinyl, or vinyl-coated chain-link with slats, and if possible oriented away from direct view from the Street.
b. Where dumpster areas are not visible from the Street, Blind Fencing may be constructed of non-masonry elements, including vinyl-coated chain-link Fencing with slats.

5. Fencing may extend beyond the Front Elevation Line of the of the Principal Building in the "IP-1" District where the Director deems it necessary for the operation of business.

C. Farming Exception. Fencing on any Lot used for Farming purposes may be located on or within any Lot Line.
D. Special Use Permit. Fencing not in compliance with this Article may be approved under a Special Use Permit.
E. Permit Required, When. The construction, installation, or erections, of any Fencing will require a permit to be reviewed by the Director for compliance with this Article, except for Fencing less than four (4) feet in height used to protect garden areas shall not require a permit or the normal maintenance and repair or the replacement of non-structural members (posts).

Financial Institution

FINANCIAL INSTITUTION
A state or federally chartered bank, savings association, credit union, or industrial land company which provides for the custody, loan, exchange, or issue of money, extension of credit, or facilitating the transmission of funds, which may include Accessory Drive-Through Service on the same Lot but does not include Pawnshops and Small Loan Businesses.

Fitness Instruction Studio

FITNESS INSTRUCTION STUDIO
An establishment offering instruction, including, but not limited to, dance, ballet, yoga, martial arts, personal training, and gymnastics.

Garages, private

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GARAGE (PRIVATE)
An enclosed space for the storage of one (1) or more motor vehicles, not including any public, for-profit motor vehicle storage or service.

General Service Contractor

GENERAL SERVICE CONTRACTOR
A person whose principal business involves specialized residential or non-residential construction, repair, improvement, or service of real property. A General Service Contractor may display and store products for sale indoors.

Golf course, not including practice driving ranges

Government Administrative Building

GOVERNMENT ADMINISTRATIVE BUILDING
A Building in which government affairs, predominantly administrative, professional, clerical, or other services, are performed and which is designed to serve patrons at the site. Typical uses include, police sub-stations, United States post offices, and City Hall.

Greenhouses (non-commercial)

Grocery Store, Convenience

GROCERY STORE, CONVENIENCE
An establishment that: 1. Offers a diverse variety of unrelated, non-complementary food and non-food commodities, such as beverages, dairy, dry goods, fresh produce, and other perishable items, frozen foods, household products, and paper goods; 2. May provide beer, wine, and/or liquor sales for consumption off-site; 3. May prepare minor amounts of food on site for immediate consumption; 4. Markets the majority of its merchandise at retail prices; 5. May not have an Accessory Restaurant Use; and 6. May not exceed five thousand (5,000) square feet.

Grocery Store, General

GROCERY STORE, GENERAL
An establishment that: 1. Offers a diverse variety of unrelated, non-complementary food and non-food commodities, such as beverages, dairy, dry goods, fresh produce, and other perishable items, frozen foods, household products, and paper goods; 2. May provide beer, wine, and/or liquor sales for consumption off-site; 3. May prepare minor amounts of food on site for immediate consumption; 4. Markets the majority of its merchandise at retail prices; and 5. May have an Accessory Restaurant and/or florist use.

Healing Arts Establishment

HEALING ARTS ESTABLISHMENT
An establishment providing health treatments or therapy generally not performed by a medical doctor or physician, or in a Medical Office or Facility, such as massage, acupuncture, aromatherapy, or homeopathy.

Health Club

HEALTH CLUB
An establishment that is open to members and guests and that provides facilities for at least two (2) of the following: aerobic exercises, running and jogging, exercise equipment, fitness classes, game courts, and swimming facilities and that also includes amenities such as saunas, showers, and lockers.

Home Occupations

Either a No Impact Home-Based Business or resident or residents of the Residential Dwelling doing Home-Based Work.

Districts Where Allowed Districts where use may be allowed as an accessory use: OT-1, OT-4, OT-5, R-1, R-2, R-3, R-4

Development Requirements:

A. Purpose. The following requirements for Home-Based Businesses and Home-Based Work are enacted for the purpose of protecting the public health and safety, including regulations related to fire and building codes, health and sanitation, transportation or traffic control, solid or hazardous waste, pollution, and noise control; ensuring that the business activity is compliant with City, State, and Federal law; and confirming that the business is paying applicable taxes.

B. Definitions. See § 425.030(B) for a lst of terms associated with home occupations.

C. A Home Occupation may operate in any Residential District provided the Home Occupation:

1. Is:

a. Clearly incidental and secondary to the Principal Use of the Dwelling Unit; and
b. Does not occupy more than forty-nine percent (49%) of the Gross Floor Area of the Dwelling; and

2. Does not change the residential character of the Residential Dwelling by altering or modifying the exterior of the Dwelling so as to indicate the presence of a Home Occupation; and

3. Is operated such that the total number of employees and clients on-site at one (1) time does not exceed the occupancy limit for the Residential Dwelling; and

4. Pays all applicable taxes and otherwise operates in compliance with applicable City, State, and Federal law; and

5. Is operated by a resident or residents of the Dwelling Unit; and

6. Does not adversely affect the character of the surrounding neighborhood by allowing or causing, for example, unless otherwise permitted in this Code, commercial or delivery vehicles used in connection with the Home Occupation to be parked at or stored on the Property or visit the Property with a frequency of more than two (2) visits per day; a steady or concentrated visitation of clients to the Dwelling; a substantial increase in traffic or on-street parking through the residential area; storage or the use of equipment that produces negative effects outside the Residential Dwelling or Accessory Structure; or similar adverse impacts.

D. A license is not required for Home Occupations nor any fee, but within sixty (60) days of establishing a Home Occupation the resident is asked to supply the City with: (1) a copy of their business's Missouri Tax I.D. number and, for Home Occupations selling goods at retail, a Statement of No Tax Due in accordance Missouri Statutes (Section 144.083.2 and 144.083.4, RSMo.); and (2) a written description of the Home Occupation, the percentage of the Dwelling to be occupied by the Home Occupation, and the number of employees to be working at the Home Occupation who are not residents of the home. At the same time, to help ensure the proposed Home Occupation complies with the requirements of this Subsection, the City shall supply the resident with a copy of this Subsection or a summary of its requirements. Upon receipt of the written description, the City shall verify for the resident that the Home Occupation complies with this Section. Any change in the amount of Gross Floor Area occupied by the Home Occupation as detailed in the original description, number of employees, or the type of Home Occupation should be followed by a submission of a revised description and review and approval in accordance with this Section to assist the resident in continued compliance.

E. Nothing in this Subsection pertaining to Home Occupations shall be deemed to:

1. Prohibit mail order or telephone sales for Home Occupations;
2. Prohibit service by appointment within the Residential Dwelling or Accessory Structure;
3. Prohibit or require structural modifications to the Residential Dwelling or Accessory Structure;
4. Restrict the hours of operation for Home Occupations;
5. Restrict storage or the use of equipment that does not produce effects outside the Residential Dwelling or Accessory Structure; or
6. Restrict or prohibit a particular occupation that is legal under the laws of the City, State, and United States.

Hotels

HOTEL
An establishment that: 1. Offers temporary lodging in rooms, for thirty (30) consecutive days or less in a calendar year, and charges guests on a per-night basis; 2. May include restaurants, meeting, multi-function, or banquet rooms, and other Accessory Uses and services, including, without limitation, newsstands, gift shops, and similar incidental uses conducted entirely within the Principal Building; 3. May include one (1) manager's quarters for the on-duty manager adjacent to the lobby area; which may include a kitchen or cooking facility but may not exceed the area of a typical guest room within the Hotel or be utilized as a temporary or permanent residence; and 4. Does not provide a kitchen or cooking facilities within the rooms.

Industrial, Heavy

INDUSTRIAL, HEAVY
A use engaged in the basic processing, fabrication, and manufacturing of materials or products predominantly from extracted or raw materials, or storage and/or use of heavy machinery and/or construction vehicles/equipment. Heavy Industrial may not include: facilities producing explosives or flammable gases or liquids, facilities for animal slaughtering, tanning, meat packing, or rendering, sulphur plants, rubber reclamation plants or cement plants, steel or any other metal mills, foundry or smelters, and those general uses which may be obnoxious or offensive by reason of emission of odor, dust, smoke, or noise.

Industrial, Light

INDUSTRIAL, LIGHT
A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

Liquor Store

LIQUOR STORE
An establishment engaged in the retail sale of packaged alcoholic beverages, such as ale, beer, wine, and liquor for consumption off site, with sampling permitted on-site with an approved license.

Loft

LOFT
A Dwelling located above the first floor of a Non-Residential Use such as a store or office.

Marijuana Research Facility

A Facility licensed by the Department where activities intended to facilitate scientific research or education related to Marijuana Product occur.

Marijuana Testing Facility

A Facility certified by the Department to acquire, test, certify, and transport Marijuana, including those originally licensed as a Medical Marijuana Testing Facility.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: IP-1

Vehicle Parking:
For complete details, see Article I: Off-Street Parking and Loading.

Development Requirements:

A. No Structure or area of land shall be constructed, altered, or used for a Marijuana Testing Facility of Marijuana Research Facility without complying with the following regulations and all general requirements of the "IP-1" District, including obtaining a Special Use Permit in compliance with Chapter 410: Zoning Districts; Special Use Permits; Non-Conforming Uses or Structures, Article III: Special Use Permits of this Code.

1. Outdoor Operations Or Storage. No outdoor operations or storage shall be allowed.

2. Visibility. Marijuana Product or Marijuana Accessories may not be visible from a public place outside of the Facility without the use of binoculars, aircraft, or other optical aids.

3. On-Site Usage Prohibited. No Marijuana or Marijuana Products may be smoked, ingested, or otherwise consumed or Administered on the premises of any Marijuana Testing Facility or Marijuana Research Facility except for testing or research purposes utilizing methods and standards certified by the Department or other appropriate agency.

4. Display Of Licenses Required. The applicable Marijuana Testing Facility or Marijuana Research Facility License/Certification issued by the State of Missouri and all licenses or permits issued by the City shall be displayed as required by State regulations.

5. Site Plan Review Required. Any plans for a Marijuana Testing Facility or Marijuana Research Facility shall meet the standard construction requirements of the "IP-1" Industrial Park District outlined in this Code and approved subject to the standard procedures of Chapter 435: Permit Requirements and Site Plan Review, Article II: Site Plan Review of this Code.

6. Odor And Non-Residential District Regulations. Every Marijuana Testing Facility and Marijuana Research Facility shall at all times operate in compliance with all provisions of Chapter 430: Supplemental Uses and Regulations, Article VII: Environmental Performance Standards and Chapter 215: Nuisances.

7. Security. Every Marijuana Testing Facility or Marijuana Research Facility shall have and maintain security systems and procedures at least as stringent as that which is required by State regulations.

8. Signage shall be in accordance with Chapter 430: Supplemental Uses and Regulations, Article IV: Signs. Outdoor signage shall be in compliance with the rules and regulations of the Department including that the signs or advertising may not display any text other than the Facility's business name or trade name, address, phone number, website, and directional signage, to the extent allowed by law.

9. Accreditation, Standards, and Procedures. Every Marijuana Testing Facility and Marijuana Research Facility shall at all times maintain in good standing their accreditation as required by State regulations and utilize standards and procedures for personnel and for the testing of and research for Marijuana in all forms which are at least as stringent as those which are required by State regulations.

10. Additional Requirements. All Marijuana Testing Facilities and Marijuana Research Facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all rules and regulations promulgated by the Department regulating Marijuana and the testing, research, and safety requirements thereof including but not limited to security requirements, disposal requirements, lighting, parking, and environmental factors.

See Section 430.670: State License Required for detailed information on licensing.
See Section 430.680: Spacing Requirement For Marijuana Businesses for details on locations.
See Article IX: Marijuana Businesses for complete, detailed information.

Marijuana Transportation Facility

A Facility certified by the Department to house operations involving the transport of Marijuana Product from a Marijuana Facility or Medical Facility, or to a Qualifying Patient, Primary Caregiver, or Consumer.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: IP-1

Vehicle Parking:
For complete details, see Article I: Off-Street Parking and Loading.

Development Requirements:

A. No Structure or area of land shall be constructed, altered, or used for a Transportation Facility without complying with the following regulations and all general requirements of the "IP-1" District, including obtaining a Special Use Permit in compliance with Chapter 410: Zoning Districts; Special Use Permits; Non-Conforming Uses or Structures, Article III: Special Use Permits of this Code.

1. Outdoor Operations Or Storage. No outdoor operations or storage shall be allowed unless otherwise authorized by State regulations.

2. Visibility. Marijuana Product or Marijuana Accessories may not be visible from a public place outside of the Facility without the use of binoculars, aircraft, or other optical aids.

3. On-Site Usage Prohibited. No Marijuana or Marijuana Products may be smoked, ingested, or otherwise consumed or Administered on the premises of any Transportation Facility.

4. Display Of Licenses Required. The applicable Transportation Facility License/Certification issued by the State of Missouri and all licenses or permits issued by the City shall be displayed as required by State regulations.

5. Site Plan Review Required. Any plans for a Transportation Facility shall meet the standard construction requirements of the "IP-1" Industrial Park District outlined in this Code and approved subject to the standard procedures of Chapter 435: Permit Requirements and Site Plan Review, Article II: Site Plan Review of this Code.

6. Odor And Non-Residential District Regulations. Every Transportation Facility shall at all times operate in compliance with all provisions of Chapter 430: Supplemental Uses and Regulations, Article VII: Environmental Performance Standards and Chapter 215: Nuisances.

7. Security. Every Transportation Facility shall have and maintain security systems and procedures at least as stringent as that which is required by State regulations.

8. Signage shall be in accordance with Chapter 430: Supplemental Uses and Regulations, Article IV: Signs. Outdoor signage shall be in compliance with the rules and regulations of the Department including that the signs or advertising may not display any text other than the Facility's business name or trade name, address, phone number, website, and directional signage, to the extent allowed by law.

9. Transportation. All Transportation Facilities shall comply with all applicable rules and regulations promulgated by the Department regarding transportation of Marijuana including but not limited to security systems and requirements, transportation deadlines and locations, and GPS tracking.

10. Additional Requirements. All Transportation Facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating Marijuana including but not limited to security requirements, inventory control systems and procedures, lighting, parking, environmental factors, and record retention and maintenance requirements.

See Section 430.670: State License Required for detailed information on licensing.
See Section 430.680: Spacing Requirement For Marijuana Businesses for details on locations.
See Article IX: Marijuana Businesses for complete, detailed information.

Medical Facility

MEDICAL FACILITY
A facility that provides medical and allied health services to an individual by physicians and other health care professionals licensed by a State-sanctioned Board overseeing the provision of medically oriented outpatient services. Medical Facilities include laboratories, diagnostic centers, and outpatient treatment facilities such as urgent care clinics.

Medical Marijuana Cultivation Facility

A facility licensed by the Department to engage in the process of Cultivating Marijuana that is limited to Medical Use at a Medical Marijuana Cultivation Facility. A Medical Marijuana Cultivation Facility's authority to process Marijuana shall include the production and sale of Prerolls but shall not include the manufacture of Marijuana-Infused Products.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: IP-1

Vehicle Parking:
For complete details, see Article I: Off-Street Parking and Loading.

Development Requirements:

A. No Structure or area of land shall be constructed, altered, or used for a Medical Marijuana Cultivation Facility or a Comprehensive Marijuana Cultivation Facility ("Cultivation Facility") without complying with the following regulations and all general requirements of the "IP-1" District, including obtaining a Special Use Permit in compliance with Chapter 410: Zoning Districts; Special Use Permits; Non-Conforming Uses or Structures, Article III: Special Use Permits of this Code.

1. Outdoor Operations Or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the main building structure or outside of the main structure in a separate, fully secured, and enclosed structure.

2. Visibility. Marijuana Product or Marijuana Accessories may not be visible from a public place outside of the Facility without the use of binoculars, aircraft, or other optical aids.

3. On-Site Usage Prohibited. No Marijuana or Marijuana Products may be smoked, ingested, or otherwise consumed or Administered on the premises of any Cultivation Facility.

4. Display Of Licenses Required. The applicable license for the Cultivation Facility issued by the State of Missouri and all licenses or permits issued by the City shall be displayed as required by State regulations.

5. Site Plan Review Required. Any plans for a Cultivation Facility shall meet the standard construction requirements of the "IP-1" Industrial Park District outlined in this Code and approved subject to the standard procedures of Chapter 435: Permit Requirements and Site Plan Review, Article II: Site Plan Review of this Code.

6. Odor And Non-Residential District Regulations. Every Cultivation Facility shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in compliance with all provisions of Chapter 430: Supplemental Uses and Regulations, Article VII: Environmental Performance Standards, and Chapter 215: Nuisances.

7. Security. Every Cultivation Facility shall have and maintain security systems and procedures at least as stringent as that which is required by State regulations.

8. Signage. Signage shall be in accordance with Chapter 430: Supplemental Uses and Regulations, Article IV: Signs. Outdoor signage shall be in compliance with the rules and regulations of the Department including that the signs or advertising may not display any text other than the Facility's business name or trade name, address, phone number, website, and directional signage, to the extent allowed by law.

9. Additional Requirements. All Cultivation Facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating Marijuana including but not limited to security requirements, lighting, parking, amount of Flowering Plants, waste disposal, inventory control systems and procedures, and environmental factors including air supply filtered through high-efficiency particulate air filters.

10. A Cultivation Facility may be: (1) a completely indoor Facility and growing operation; (2) a completely outdoor Facility and/or growing operation; or (3) a "greenhouse"/hybrid method Facility and growing operation so long as such operation complies with all regulations of the "IP-1" district, all regulations of this Code, all applicable regulations of Article XIV of the Missouri Constitution, and any rules or regulations of the Department relating to Marijuana.

See Section 430.670: State License Required for detailed information on licensing.
See Section 430.680: Spacing Requirement For Marijuana Businesses for details on locations.
See Article IX: Marijuana Businesses for complete detailed information.

Medical Marijuana Cultivation, Qualifying Patient

QUALIFYING PATIENT
An individual diagnosed with at least one (1) qualifying medical condition as defined in Missouri State law and possessing a Department issued Qualifying Patient or Qualifying Patient Cultivation Identification Card.

Districts Where Allowed Districts where use may be allowed as an accessory use: OT-1, OT-4, OT-5, R-1, R-2, R-3, R-4

Development Requirements:
A. The capitalized terms that are not defined by Section 400.030: Definitions. shall be as defined in Section 430.660: Definitions of this Code.

B. Qualifying Patient Medical Marijuana Cultivation, Primary Caregiver Medical Marijuana Cultivation, and Consumer Personal Cultivation. On any Lot in the City, a person holding a current, valid Marijuana Cultivation Identification Card issued by the State of Missouri may have as an Accessory Use Marijuana Cultivation as permitted by Article XIV of the Missouri Constitution so long as all of the following conditions are met:

1. The Accessory Use must take place only in a Facility that is enclosed, locked, and equipped with security devices (the "Cultivation Area"), and in conformance with all Federal and Missouri laws and regulations. Consumer personal Cultivation, Qualifying Patient, and Primary Caregiver Cultivation shall not take place at a place of business.

2. The State-issued Marijuana Cultivation Identification Card must be clearly displayed within the Cultivation Area and in close proximity to the Marijuana plants.

3. The Accessory Use must have an odor control system that is at least as stringent as that which is required by State regulations.

4. A Qualifying Patient may not hold or obtain both a Qualifying Patient Cultivation Identification Card and a Consumer personal Cultivation card at the same time, regardless if the caregiver holds a Cultivation Identification Card on behalf of the Qualified Patient.

5. All Marijuana cultivation must cease immediately upon the expiration, suspension, or revocation of a State-issued Marijuana Cultivation Identification Card.

6. Nothing in this Section shall convey or establish a right to cultivate Marijuana in a Facility or site where State or Federal law or a private contract would otherwise prohibit doing so.

7. The following additional rules shall apply to Consumer personal Cultivation:

a. All Consumer personal Cultivation must take place at a private residence.

b. One (1) Consumer may not cultivate more than six (6) Flowering Plants, six (6) non-flowering plants fourteen (14) inches tall or more, and six (6) non-flowering plants under fourteen (14) inches tall. No more than twelve (12) Flowering Plants, twelve (12) non-flowering plants fourteen (14) inches tall or more, and twelve (12) non-flowering plants under fourteen (14) inches tall may be cultivated by Consumers at a single private residence, regardless of the number of Consumers who live at that private residence subject to the limitations herein, Article XIV of the Missouri Constitution, and rules and regulations of the Department.

c. Plants and Marijuana produced by the plants in excess of three (3) ounces must be kept at a private residence in an Enclosed, Locked Facility.

d. All cultivated Flowering Plants in the possession of a Consumer shall be clearly labeled with the Consumer's name.

8. The following additional rules shall apply to Qualifying Patient Cultivation:

a. One (1) Qualifying Patient, the Primary Caregiver for that person on their behalf, or a Consumer for personal Cultivation, may cultivate up to six (6) Flowering Plants and six (6) non-flowering Marijuana plants fourteen (14) inches tall or more, and six (6) non-flowering plants under fourteen (14) inches tall at any given time in a Cultivation Area, subject to the limitations herein, Article XIV of the Missouri Constitution, and rules and regulations of the Department.

b. Two (2) Qualifying Patients, who both hold valid Medical Marijuana Cultivation Identification Cards, may share one (1) Cultivation Area but no more than twelve (12) Flowering Plants and twelve (12) non-flowering Marijuana plants fourteen (14) inches tall or more, and twelve (12) non-flowering Marijuana plants under fourteen (14) inches tall or more may be cultivated in a Cultivation Area subject to the limitations herein, Article XIV of the Missouri Constitution, and rules and regulations of the Department.

c. Under no circumstances shall a Qualifying Patient be entitled to cultivate, or have cultivated on his or her behalf, more than six (6) Flowering Plants.

d. Only one (1) individual in a patient-caregiver relationship may be authorized for Cultivation on behalf of the Qualifying Patient.

e. All cultivated Flowering Plants in the possession of a Qualifying Patient or Primary Caregiver shall be clearly labeled with the Qualifying Patient's name.

9. The following additional rules shall apply to Primary Caregiver Cultivation:

a. A Primary Caregiver may cultivate on behalf of more than one (1) Qualifying Patient and may utilize one (1) or more Cultivation Area(s).

b. No Primary Caregiver cultivating Marijuana for more than one (1) Qualifying Patient may exceed a total of twenty-four (24) Flowering Plants, twenty-four (24) non-flowering plants fourteen (14) inches tall or more, and twenty-four (24) non-flowering plants under fourteen (14) inches tall subject to the limitations herein, Article XIV of the Missouri Constitution, and rules and regulations of the Department.

c. Only one (1) individual in a patient-caregiver relationship may be authorized for Cultivation on behalf of the Qualifying Patient.

d. All cultivated Flowering Plants in the possession of a Primary Caregiver shall be clearly labeled with the Qualifying Patient's name.

e. A Primary Caregiver cultivator who is also authorized as a Qualifying Patient cultivator may grow the plants that belong to them as a Qualifying Patient cultivator, and the plants grown on behalf of their Qualifying Patient(s) using the same Cultivation Area.

f. A Primary Caregiver cultivator who is also authorized as a Consumer personal cultivator may not grow the plants that belong to them as an authorized Consumer personal cultivator and the plants grown on behalf of their Qualifying Patient(s) using the same Cultivation Area.

See Article IX: Marijuana Businesses for complete, detailed information.

Medical Marijuana Dispensary Facility

A Facility licensed by the Department where Marijuana is dispensed only for Medical Use. Medical Marijuana Dispensary Facilities may receive transaction orders at the dispensary in person, by phone, or via the internet, including from a third party. A Medical Marijuana Dispensary Facility's authority to process Marijuana shall include the production and sale of Prerolls but shall not include the manufacture of Marijuana-Infused Products.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: C-1, HP-1, OT-2

Vehicle Parking:
4 parking spaces for every 1,000 square feet of Floor Area.
For complete details, see Article I: Off-Street Parking And Loading.

Development Requirements:

A. No Structure or area of land shall be constructed, altered, or used for a Dispensary Facility without complying with the following regulations and all general requirements of the relevant "C-1," "OT-2," or "HP-1" District, including obtaining a Special Use Permit in compliance with Chapter 410: Zoning Districts; Special Use Permits; Non-Conforming Uses or Structures, Article III: Special Use Permits of this Code.

1. Outdoor Operations Or Storage. No outdoor operations or storage shall be allowed.

2. Visibility. Marijuana Product or Marijuana Accessories may not be visible from a public place outside of the Facility without the use of binoculars, aircraft, or other optical aids.

3. On-Site Usage Prohibited. No Marijuana or Marijuana Products may be smoked, ingested, or otherwise consumed or Administered on the premises of any Dispensary Facility.

4. Display Of Licenses Required. The applicable Dispensary Facility license issued by the State of Missouri and any and all licenses or permits issued by the City shall be displayed as required by State regulations.

5. Site Plan Review Required. Any plans for a Marijuana Dispensary Facility shall meet the standard construction requirements of the relevant "C-1," "OT-2," or "HP-1" District outlined in this Code and approved subject to the standard procedures of Chapter 435: Permit Requirements and Site Plan Review, Article II: Site Plan Review of this Code.

6. Parking And Access. As part of the application for a Special Use Permit, the applicant shall submit the estimated number of customers expected per hour or day, estimated peak times, the total number of parking spaces, description of the access to the Facility, and justification statement that the desired location has adequate parking and access to meet the expected foot and vehicle traffic without negatively impacting neighboring properties.

7. Drive-Through. Dispensary Facilities must follow all requirements found in Chapter 425, Article III of this Code and obtain a Special Use Permit to utilize a drive-through. As part of the Special Use Permit process, the Board or Commission may require additional queuing or other conditions related to the drive-through Facility to ensure the public safety is protected and the surrounding properties are not negatively affected.

8. Odor And Non-Residential District Regulations. Every Dispensary Facility shall at all times operate in compliance with all provisions of Chapter 430: Supplemental Uses and Regulations, Article VII: Environmental Performance Standards, and Chapter 215: Nuisances.

9. Security. Every Dispensary Facility shall have and maintain security systems and procedures at least as stringent as that which is required by State regulations, including but not limited to any display samples being secured in accordance with the Department's rules and regulations, and storage of all Marijuana Product in a locked vault when the Facility is closed.

10. Signage shall be in accordance with Chapter 430: Supplemental Uses and Regulations, Article IV: Signs. Outdoor signage shall be in compliance with the rules and regulations of the Department including that the signs or advertising may not display any text other than the Facility's business name or trade name, address, phone number, website, and directional signage, to the extent allowed by law.

11. Additional Requirements. All Dispensary Facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating Medical Marijuana including but not limited to security requirements, waste disposal, inventory control systems and procedures, lighting, parking, and environmental factors including air supply filtered through high-efficiency particulate air filters.

See Section 430.670: State License Required for detailed information on licensing.
See Section 430.680: Spacing Requirement For Marijuana Businesses for details on locations.

See Article IX: Marijuana Businesses for complete detailed information.

Medical Marijuana Infused Products Manufacturing Facility

A Facility licensed by the Department where Marijuana-Infused Products and Prerolls are manufactured only for Medical Use.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: IP-1

Vehicle Parking:
For complete details, see Article I: Off-Street Parking and Loading.

Development Requirements:

A. No Structure or area of land shall be constructed, altered, or used for a Medical Marijuana-Infused Products Manufacturing Facility, Microbusiness Wholesale Facility, or Comprehensive Marijuana-Infused Products Manufacturing Facility ("Manufacturing Facility") without complying with the following regulations and all general requirements of the "IP-1" District, including obtaining a Special Use Permit in compliance with Chapter 410: Zoning Districts; Special Use Permits; Non-Conforming Uses or Structures, Article III: Special Use Permits of this Code.

1. Outdoor Operations Or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the main building structure or outside of the main structure in a separate, fully secured, and enclosed structure.

2. Visibility. Marijuana Product or Marijuana Accessories may not be visible from a public place outside of the Facility without the use of binoculars, aircraft, or other optical aids.

3. On-Site Usage Prohibited. No Marijuana or Marijuana Products may be smoked, ingested, or otherwise consumed or Administered on the premises of any Manufacturing Facility.

4. Display Of Licenses Required. The applicable Manufacturing Facility license issued by the State of Missouri and all licenses or permits issued by the City shall be displayed as required by State regulations.

5. Site Plan Review Required. Any plans for a Manufacturing Facility shall meet the standard construction requirements of the "IP-1" Industrial Park District outlined in this Code and approved subject to the standard procedures of Chapter 435: Permit Requirements and Site Plan Review, Article II: Site Plan Review of this Code.

6. Odor And Non-Residential District Regulations. Every Manufacturing Facility shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in compliance with all provisions of Chapter 430: Supplemental Uses and Regulations, Article VII: Environmental Performance Standards and Chapter 215: Nuisances.

7. Security. Every Manufacturing Facility shall have and maintain security systems and procedures at least as stringent as that which is required by State regulations.

8. Signage shall be in accordance with Chapter 430: Supplemental Uses and Regulations, Article IV: Signs. Outdoor signage shall be in compliance with the rules and regulations of the Department including that the signs or advertising may not display any text other than the Facility's business name or trade name, address, phone number, website, and directional signage, to the extent allowed by law.

9. Additional Requirements. All Manufacturing Facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating Marijuana including but not limited to security requirements, inventory control systems and procedures, waste disposal, lighting, parking, and environmental factors.

See Section 430.670: State License Required for detailed information on licensing.
See Section 430.680: Spacing Requirement For Marijuana Businesses for details on locations.
See Article IX: Marijuana Businesses for complete, detailed information.

Medical Office

MEDICAL OFFICE
A Building with one (1) or more physicians, dentists, chiropractors, optometrists, or other health practitioners providing medical services in a specific area of health care, organized as a single business entity, and lawfully established for medical consultation to persons on an outpatient basis. This term includes, but is not limited to, mental health care, addiction counseling, chiropractic, and optical services; and physical therapy offices, clinics, and facilities.

Museum

MUSEUM
An establishment devoted to the acquisition, conservation, study, exhibition, and educational interpretation of objects having scientific, historical, or artistic value.

Nursery

NURSERY
An establishment where flowers, shrubbery, vegetables, trees, and other horticultural and floricultural products are grown, propagated, and may be sold on-site.

Office, General

OFFICE, GENERAL
A Building with one (1) or more establishments providing executive, management, administrative, or professional services, but not Medical Offices or Medical Facilities, nor the sale of merchandise except as an Accessory Use to a permitted Principal Use. Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting, and similar offices.

Outdoor Dining

OUTDOOR DINING
An Accessory Use of a Restaurant, Tavern, or other establishment engaged in the sale of food and/or beverages with tables located on the sidewalk, Patio, or other open paved area in front of or adjoining the related establishment.

Districts Where Allowed Districts where use may be allowed as an accessory use: BP-3, C-1, C-2, CP-1, HP-1, IP-1, OT-1, OT-2, OT-3, OT-5, PID

Development Requirements:
Requirements And Standards For Outdoor Dining.

A. It is the purpose of this Section to provide reasonable minimum standards for the permitted Accessory Use of Outdoor Dining, as defined under Section 400.030 of this Code, to control and limit any adverse impact on pedestrian traffic and other uses on the Lot and adjoining properties. Outdoor Dining may be permitted by Special Use Permit under the provisions of Section 410.080.
B. Standards, Criteria, And Conditions. In addition to any conditions established by the City under the Special Use Permit, the following standards, criteria, and conditions shall apply to the establishment and operation of Outdoor Dining:

1. Outdoor Dining areas must be located on the same Lot and adjacent to the establishment in which it is related.
2. Outdoor Dining areas must be located within the required Setback of the Lot in which it is located, or as otherwise provided in Section 430.230. Additionally, Outdoor Dining areas shall not be located within five (5) feet of any Lot Line.
3. Outdoor Dining areas shall allow a free flow of pedestrian access and shall not have a negative impact on traffic flow or any adjacent parking areas or establishments.
4. All tables, chairs, umbrellas, and other permissible objects provided shall be maintained with a clean appearance and shall be in good repair.
5. Outdoor Dining areas shall be maintained in a neat and orderly appearance, clear of litter and debris, and provisions shall be made for adequate trash control on-site.
6. No tables, chairs, or any other parts of the Outdoor Dining area shall be attached, chained, or in any manner affixed to any tree, post, sign, or other fixture, curb, or sidewalk in or near the permitted area.
7. Outdoor Dining seating shall be included when determining the Off-Street Parking requirements for the related establishment.
8. The outdoor storage of dishes, silverware, or other Outdoor Dining equipment, other than tables and chairs, shall only be allowed during hours of operation.
9. Times of operation, including hours and days of operation and/or seasonal operations, shall be determined by the City in conjunction with the Special Use Permit.
10. The Commission and Board may require bollards, Fencing, and/or landscaping around the Outdoor Dining when it is deemed necessary to provide a Buffer Area for adjacent uses and/or safety and welfare of the Outdoor Dining patrons.
11. No live entertainment, speakers, televisions, or other audio admitting devices shall be permitted in the Outdoor Dining area unless otherwise approved by the City under the Special Use Permit.
12. Lighting of the Outdoor Dining area shall not disturb any adjacent establishment, property, or Street.
13. Should alcohol be served in the Outdoor Dining area, a liquor license will be required pursuant to Chapter 600 of the Municipal Code.

C. Temporary Expanded Outdoor Dining. Whenever a public health order issued and in effect by the St. Louis County Department of Public Health or other entity with jurisdiction directs that all Restaurants in the City are to cease or limit indoor food service and/or limit their services to only Outdoor Dining, carry-out, and delivery, the following process shall apply:

1. Restaurants may apply to the Director for a temporary Expanded Outdoor Dining permit and the Director is authorized to issue such a permit for the operation of an Outdoor Dining area for up to ninety (90) days at a time, if the Director finds based on the information within the application that the public health, safety, and general welfare will be maintained. The Director may also allow such Outdoor Dining to expand into required Off-Street Parking Spaces if all required Drive Aisles, traffic flow, and public safety can be maintained in the reasonable discretion of the Director. The application should contain at minimum:

a. Detailed Site Plan clearly identifying, at a minimum, the boundaries of the area to be used for outdoor seating, the proposed layout of the seating, pedestrian access areas, adjustments to Off-Street Parking Spaces (including exact number of spaces to be used), Drive Aisles, safety barriers, and any proposed canopy or other weather protections for customers;
b. A clear and specific explanation of all customer safety measures such as temporary bollards, barriers, planters, etc. intended to be used;
c. Proposed lighting and heating arrangements, if any; and

d. Any other information reasonably requested by the Director to determine compliance with this Section and overall protection of the general welfare and safety.

2. The permit shall contain such conditions as are deemed necessary for the protection of the health, safety, and general welfare including specifically pedestrian and vehicle traffic safety and mitigation of any effect on adjacent Properties, and the Director may require such assurance or guarantee of compliance with such conditions as is reasonable and appropriate under the circumstances.
3. An application that the Director determines does not fully satisfy the criteria for issuance may be approved by the Board after review and report by the Director. The temporary permit application may be granted, denied, or made subject to conditions that the Board deems reasonably necessary to protect the public health, safety, and general welfare.
4. If approved, certain building permits and/or approval from other entities, including but not limited to the St. Louis County Health Department, may be necessary depending on the scope of the plans submitted.
5. Nothing shall prevent the Director from issuing a new temporary Expanded Outdoor Dining permit for the same Lot upon application in accordance with this Section.

Outdoor Displays, Sales, and Storage

Districts Where Allowed Districts where use may be allowed as an accessory use: BP-1, BP-2, BP-3, CP-1, HP-1, IP-1

Development Requirements:

General Regulations.

A. Accessory Use. Unless otherwise provided for within this Code, outdoor displays, sales, Storage Areas, and Bins are deemed to be an Accessory Use related to a permitted Non-Residential Use, must be located on the same Lot of the establishment, and must be subordinate in size or purpose to the Principal Structure or Use.
B. Maintenance; Enforcement. Outdoor displays, sales, Storage Areas, and Bins are to be located on a paved surface and maintained in a safe, neat, and orderly manner. If the Director or authorized representative determines an outdoor display, sale, Storage Area, Container, or Bin to be unsafe or in violation of the standards set forth for exterior areas (Chapter 505), such shall be subject to enforcement under Chapter 445. The Director may immediately shut down any display or sale that is determined to be an immediate health and safety hazard.
C. No Interference. Outdoor displays, sales, Storage Areas, and Bins shall not encroach, interfere, and/or obstruct vehicular access from designated fire lanes, Drive Aisles, and/or impede the flow of pedestrian traffic on sidewalks or be located where the required number of Off-Street Parking Spaces for the Principal Use of the Property is diminished.

Outdoor Displays Or Sales Of Merchandise.

A. Outdoor displays or sales of merchandise are permitted when located adjacent to the Front or Side Building Elevation of the establishment to which it is related.
B. Outdoor displays or sales of merchandise not located adjacent to the Front or Side Elevation of the establishment in which it is related, as reasonably determined by the Director, but on the same Property, requires approval by a Special Use Permit.

Outdoor Storage Areas And Outdoor Storage Bins.

A. Special Use Permit. Outdoor Storage Areas and Bins are permitted in the "BP-1," "BP-2," "BP-3," "CP-1," "HP-1," and "IP-1" Districts, subject to Special Use Permit approval and compliance with the following regulations:

1. Outdoor Storage Areas or Bins shall be located behind the Front Elevation Line of the Principal Building and confined to the Side or Rear Yard of the Property.
2. No Outdoor Storage Area or Bin shall be within five (5) feet of any Side or Rear Lot Line.
3. When an Outdoor Storage Area or material contained in an Outdoor Storage Bin is visible from a Street, Blind Fencing as specified in Section 425.210 of this Code shall be provided. Additional landscaping material may be required to achieve necessary Screening.
4. Additional Blind Fencing and/or landscaping material may be required when deemed necessary to shield visibility of the Outdoor Storage Area or Bin from adjacent Properties.

B. Exception. Outdoor Storage Areas and Bins are permitted in the "IP-1" District, without obtaining a Special Use Permit, but subject to approval of an Outdoor Storage Permit by the Director when in compliance with Subsection (A)(1) through (4) above. The Director may approve an alternative surface material for Outdoor Storage Areas in the "IP-1" District.

Outdoor Storage of Vehicles

Parking Structure

PARKING STRUCTURE
Any Structure containing motor vehicle parking that is a Principal Use, with or without any additional Uses.

Personal Service Shop

PERSONAL SERVICE SHOP
Shops primarily engaged in providing services generally involving the care and appearance of the body, or the cleaning and repair of personal effects such as beauty or barber shops, laundry or dry-cleaning, tailoring, or other similar uses.

Pet Day Care and Training Facility

PET DAY CARE AND TRAINING FACILITY
An establishment primarily engaged in providing daytime care, socialization, or training of household pets. Pet day care and training facilities do not include outdoor kennels, medical care, or overnight care.

Pet Grooming Facility

PET GROOMING FACILITY
An establishment primarily engaged in the cleaning, bathing, brushing, and cutting of hair of household pets. Pet grooming facilities do not include outdoor kennels, medical care, or overnight care.

Pet Supply Store

PET SUPPLY STORE
An establishment primary engaged in the sale of pet supplies, which may include the Accessory indoor sale or adoption of pets, pet grooming, and/or veterinarian clinic or hospital, but does include outdoor kennels or runs.

Pharmacy

PHARMACY
An establishment where prescription drugs are compounded, dispensed, or sold by a pharmacist and where prescription drug orders are received or processed in accordance with the pharmacy laws as defined by Chapter 338 of the Missouri Revised Statutes. A Pharmacy may engage in general light retail sales and may include Accessory Drive-Through Service on the Lot.

Pharmacy, not exceeding 2,000 square feet in building size

PHARMACY
An establishment where prescription drugs are compounded, dispensed, or sold by a pharmacist and where prescription drug orders are received or processed in accordance with the pharmacy laws as defined by Chapter 338 of the Missouri Revised Statutes. A Pharmacy may engage in general light retail sales and may include Accessory Drive-Through Service on the Lot.

Public library

Public Park

PUBLIC PARK
Any public area created, established, designated, maintained, provided, or set aside by the City for the purpose of public rest, play, recreation, enjoyment, assembly, and all Buildings, facilities, and Structures located thereon or therein.

Public Utility Facility

PUBLIC UTILITY FACILITIES
An electrical substation including but not limited to transmission substations, distribution substations, collector substations, converter substations, and switching stations. Towers, poles, and traffic signal controllers shall not be considered Public Utility Facilities. See Telecommunications Facility defined in Section 430.570.

Railroad Switching Yard

RAILROAD SWITCHING YARD
An area consisting of railroad track used for the storage, sorting, and loading and unloading of railcars and locomotives.

Recreation Facility, Indoor Limited

RECREATIONAL FACILITY, INDOOR LIMITED
An indoor facility established primarily for amusement or recreational activities, such as pinball/video arcades, miniature golf, batting cages, and roller-skating rinks. This definition is intended to restrict the type of recreational use allowed to those small-scale facilities that would be compatible with typical Buildings and uses in the Zoning District in which this use is allowed.

Recreation Facility, Indoor Unlimited

RECREATIONAL FACILITY, INDOOR UNLIMITED
An establishment primarily engaged in operations and activities contained within large-scale gymnasium-type facilities such as for tennis, basketball, swimming, indoor soccer, indoor hockey, volleyball, or bowling. Indoor Recreational Facilities may include outdoor activities related to the primary use of the Principal Building.

Recreation Facility, Outdoor Limited

RECREATION FACILITY, OUTDOOR LIMITED
An outdoor facility established primarily for amusement or recreational activities, such as miniature golf, bumper boating, batting cages, and go-carts.

Recreational Vehicle Sales

RECREATIONAL VEHICLE SALES
An establishment primarily engaged in the sales, rental, leasing, and/or consignment of recreational vehicles, including the incidental outdoor display, parking, and indoor service thereof. Recreational vehicles shall include but are not limited to motorcycles, boats, scooters, all-terrain vehicles (ATVs), personal watercraft, towable recreational vehicles, and motor homes.

Research Center

RESEARCH CENTER
A facility or Building dedicated to research, generally with the focus on a specific area, not including laboratory testing of animals.

Restaurant

RESTAURANT
An establishment where prepared food and beverages are sold for consumption within the Building or off-site.

Retail Store, Large

RETAIL STORE, LARGE
A retail establishment over fifty thousand (50,000) square feet.

Retail Store, Medium

RETAIL STORE, MEDIUM
A retail establishment containing more than five thousand (5,000) square feet, but less than fifty thousand (50,000) square feet.

Retail Store, Small

RETAIL STORE, SMALL
A retail establishment of five thousand (5,000) square feet or less.

Retaining Walls

WALL (RETAINING)
An independent Structure constructed of wood or masonry elements accommodating a change in the grade of the land.

Satellite Dishes

Districts Where Allowed Districts where use may be allowed as an accessory use: BP-1, BP-2, BP-3, BP-4, C-1, C-2, CP-1, HP-1, IP-1, NU*, OT-1, OT-2, OT-3, OT-4, OT-5, PG, PID, PR, PS*, R-1, R-1*, R-2, R-2*, R-3, R-3*, R-4, R-6A*

Development Requirements:
Additional Requirements For Satellite Dishes.

A. As used in this Section, the Satellite Dish shall mean any Accessory apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit.
B. General Provisions (Residential And Non-Residential Uses).

1. A Satellite Dish related to any Residential or Non-Residential Use may be installed without a building permit but must be in accordance with this Section.
2. The Satellite Dish and its attachment to a Building or the ground shall meet the applicable requirements of any City codes and the requirements of Section 500.010 of the City's Municipal Code.
3. The Satellite Dish is located in the Rear Yard not less than ten (10) feet from any Lot line or on the roof of a Building.
4. No Signs of any type are permitted on a Satellite Dish.
5. Satellite Dishes shall be finished in a non-garish, non-reflective color and surface which shall blend into its surroundings.
6. In no case shall a Satellite Dish be permitted to be attached to a portable device for the purpose of relocating the entire dish on the Property to circumvent the intentions of this Section.
7. Every Satellite Dish must be adequately grounded for protection against a direct strike of lightning.
8. Satellite Dishes shall meet all manufacturer's specifications, shall be of non-combustible and corrosion-resistant material, and shall be erected in a secure, wind-resistant manner.
9. If the Satellite Dish is placed on a roof, it should be placed in such a manner as not to detract from the aesthetic appearance of the surrounding area and it shall be located and designed to reduce visual impact from any Street.
10. The Director may require Screening and/or landscaping surrounding the Satellite Dish.

C. Residential Dwellings (excluding Multiple-Family Dwellings). A Satellite Dish related to a Residential Dwelling, excluding Multi-Family Dwellings, must further be in accordance with the following:

1. The Satellite Dish is not located on the roof of a Building unless such Satellite Dish is less than three (3) feet in diameter and the total height of the Satellite Dish, including the stand, does not exceed five (5) feet.
2. The Satellite Dish, when installed, except on the roof of a Building, is not, at its highest point, fifteen (15) feet above grade and does not exceed three (3) feet in diameter.
3. Only one (1) Satellite Dish shall be permitted on any Lot.

D. Non-Residential Use And Multiple-Family Dwellings. A Satellite Dish related to a Non-Residential Use or Multiple-Family Dwelling must further be in accordance with the following:

1. The Satellite Dish is not located on the roof of a Building unless such Satellite Dish is less than eight (8) feet in diameter and the total height of the Satellite Dish, including the stand, does not exceed ten (10) feet.
2. The Satellite Dish, when installed, except on the roof of a Building, is not, at its highest point, twenty (20) feet above grade and shall not exceed eight (8) feet in diameter.
3. No more than two (2) Satellite Dishes shall be permitted per Building.

Self-Storage Facility

SELF-STORAGE FACILITY
A Building or group of Buildings with controlled access that contains individual, compartmentalized, and controlled access stalls or lockers for the storage of customers' property, merchandise, goods, or wares, which may include a truck and trailer rental facility affiliated with and subordinated to the Self-Storage Facility on the same Lot.

Service Center, Customer

SERVICE CENTER, CUSTOMER
A facility accepting consumer calls or visits for dispatch of personnel to provide services of same, including utilities or communication systems.

Service Center, Repair

SERVICE CENTER, REPAIR
An establishment providing repair or replacement parts for motorized equipment or appliances.

Sexually Oriented Business

SEXUALLY ORIENTED BUSINESS
An Adult Arcade, Adult Bookstore, Adult Novelty Store, Adult Video Store, Adult Cabaret, Adult Hotel, Adult Motion Picture Theater, Adult Theater, Escort Agency, Massage Parlor, or Sexual Encounter Establishment.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: BP-1, BP-2, HP-1, IP-1

Vehicle Parking:
For complete details, see Article I: Off-Street Parking and Loading.

Development Requirements:
Location Of Sexually Oriented Businesses.

A. A person may operate or cause to be operated a Sexually Oriented Business in accordance with the following regulations:

1. A Sexually Oriented Business may only be operated in "IP-1," "BP-1," "BP-2," and "HP-1" Districts.
2. A Sexually Oriented Business shall not be operated within one thousand (1,000) feet of the following:

a. A Church;
b. A public library;
c. An Educational Facility;
d. Day Care Facility;
e. Community Center;
f. A Residential District;
g. A Public Park;
h. A Lot Line of a Lot used for Residential Dwelling.
i. A business which is oriented primarily towards children or family entertainment; or
j. A business with a liquor license pursuant to the alcoholic beverage control regulations of the state. For purposes of this provision, measurement shall be made in a straight line, without regard to the intervening Structures or objects, from the nearest portion of the Building or Structure used as the part of the Property where a Sexually Oriented Business is conducted to the nearest Lot Line of the Lot of one (1) of the above-listed uses. Presence of a City or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this provision.

3. A Sexually Oriented Business shall not be operated, established, substantially enlarged, or undergo transfer of ownership or control within one thousand (1,000) feet of another Sexually Oriented Businesses. For purposes of this provision, the distance between any two (2) Sexually Oriented Businesses shall be measured in a straight line, without regard to the intervening Structures or objects or political boundaries, from the closest exterior wall of the Building (exclusive of overhangs) in which each business is located.
4. A person shall not cause or permit the operation, establishment, or maintenance of more than one (1) Sexually Oriented Business in the same Building, Structure, or portion thereof or the increase of Floor Area of any Sexually Oriented Business in any Building, Structure, or portion thereof containing another Sexually Oriented Business.
5. Any Sexually Oriented Business lawfully operating on the effective date of this Article (December 16, 2002) that is in violation of this Article shall be deemed a Non-Conforming Use. Such Non-Conforming Uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a Conforming Use. If two (2) or more Sexually Oriented Businesses are within one thousand (1,000) feet of one another and otherwise in a permissible location, the Sexually Oriented Business which was first established and continually operating at a particular location is the Conforming Use and the later-established business(es) is/are non-conforming.

Hours Of Operation.

No Sexually Oriented Business, except for an Adult Hotel, may remain open at any time between the hours of 11:00 P.M. and 9:00 A.M.

Exterior Portions Of Sexually Oriented Businesses.

A. Sexually Oriented Merchandise or activities of the Sexually Oriented Business shall not be visible from any point outside such business.
B. The exterior portions of a Sexually Oriented Business shall not have flashing light or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provisions of this Article.
C. The exterior portions of a Sexually Oriented Business shall be painted a single achromatic color; however, this provision shall not apply to the business if the following conditions are met:

1. The business is part of a commercial multi-unit center; and
2. The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi-unit center.

D. Nothing in this Section shall be construed to require the painting of an otherwise unpainted exterior portion of an enterprise.

Signage.

A. Any person operating a Sexually Oriented Business shall comply with the Sign requirements set forth in Article IV of Chapter 430. However, the following requirements apply to Signs for Sexually Oriented Businesses and supersede any conflicting provisions in the Municipal Code:

1. Only one (1) on-Premises properly permitted Sign is allowed to advertise the Sexually Oriented Business.
2. Signs shall be a flat plane rectangular in shape and have no more than two (2) display surfaces. Each display surface shall not exceed seventy-five (75) square feet in area and shall not exceed ten (10) feet in height or ten (10) feet in length.
3. No Sign shall contain photographs, silhouettes, drawings, or pictorial representations of any manner and may only contain the following:

a. The name of the business; and/or
b. One (1) or more of the following phrases:

(1) Adult Arcade.
(2) Adult Bookstore.
(3) Adult Novelty Store.
(4) Adult Video Store.
(5) Adult Cabaret.
(6) Adult Hotel.
(7) Adult Motion Picture Theater.
(8) Adult Theater.
(9) Escort Agency.
(10) Massage Parlor.
(11) Adult Encounter Establishment.

c. Signs for adult movie theaters may contain the additional phrase "Movie Titles Posted Inside Premises."

4. Each letter forming a word on a Sign shall be of a solid color and each such letter shall be the same print-type, size, and color. The background behind such lettering on the display surface of a primary Sign shall be of a uniform and solid color.

Single-Family Dwellings Used As A Group Home Or Foster Home

FOSTER HOME
A private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage, or adoption.

GROUP HOME
A Single-Family Dwelling in which eight (8) or fewer unrelated mentally or physically handicapped persons reside and may include two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically handicapped person.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: R-1, R-2, R-3, R-4

Development Requirements:

Purpose. It is necessary and desirable to ensure suitable sites for Group Homes and Foster Homes in Residential Districts, provided that, in furtherance of the goal of deinstitutionalization, Group Homes and Foster Homes are integrated fully into the community in which they seek to locate, seamlessly adhering to the character and aesthetics of the neighborhood. Additionally, Group Homes should not be unduly concentrated in neighborhoods so as to ensure that mentally or physically disabled persons are afforded the opportunity to be fully assimilated into the community.

Regulations.

1. Group Homes. In order to promote deinstitutionalization and dispersal of Group Homes, no Group Home may be located:

a. Within five hundred (500) feet of another Group Home, measured by the straight-line distance between the nearest points of the exterior walls (exclusive of overhangs) of the Buildings within which the relevant facilities or uses are located; or
b. Adjoining any Lot upon which another Group Home already exists.

To achieve the deinstitutionalization and dispersal goals referenced herein, owners and operators of Group Homes must register the facility with the Community Development Department on forms prescribed for this purpose by the Director. Owners and operators of Group Homes must also notify the Community Development Department of any change of use, transfer, or termination of a Group Home use and revise the facility registration as appropriate. No fees will be associated with the registration.
2. Foster Homes and Group Homes. For any Single-Family Dwelling used as a Foster Home or Group Home, the exterior appearance of the home and real property shall be in keeping with the character of the other Single-Family Dwellings in the immediate neighborhood and shall comply with applicable Building Code occupancy limits, Sign regulations under Chapter 430, Article IV, and other standards applicable to Single-Family Dwellings shall apply.
3. Notwithstanding any other provision of this Section to the contrary, any individual, group, or entity may make a request for reasonable accommodation from the provisions of this Section pursuant to the procedures set forth in Section 245.070 of the Municipal Code.

Solar Energy Systems

SOLAR ENERGY SYSTEM
A Building- or ground-mounted photovoltaic, hot air, or hot water collector device or other type of energy system, which relies upon solar radiation as the source for the generation of electricity or transfer of stored heat.

Districts Where Allowed Districts where use may be allowed as an accessory use: BP-1, BP-2, BP-3, BP-4, C-1, C-2, CP-1, HP-1, IP-1, NU*, OT-1, OT-2, OT-3, OT-4, OT-5, PG, PID, PR, PS*, R-1, R-1*, R-2, R-2*, R-3, R-3*, R-4, R-6A*

Development Requirements:

Purpose.
The purpose of this Article is to provide standards for the installation and use of Solar Energy systems as Accessory Uses. This Article seeks to protect properties from incompatible uses in the interest of property values, public health, and the welfare of the community while promoting the use of alternative energy sources, where appropriate. This Article provides a process to facilitate the use of these systems in a manner that minimizes adverse impacts and the potential for nuisance.

Accessory Use.
Solar Energy Systems shall be considered a permitted Accessory Use in all Zoning Districts, subject to the provisions of this Article.

Requirements.
A. The requirements set forth in this Section shall govern the construction and/or installation of all Solar Energy Systems:

1. Solar Energy Systems, General.
a. Solar Energy Collectors shall be located in the least visible location from perspectives outside the Lot Lines where panels would be reasonably, though not necessarily optimally, functional.
b. Solar Energy Collectors shall be documented by the manufacturer as being non-reflective pursuant to recognized engineering standards showing reflectivity of less than thirty percent (30%) or shall be placed such that concentrated sunlight or glare shall not be directed onto nearby Lots or Streets.
c. Building-Integrated Solar Energy Systems shall be allowed regardless of visibility, provided the Building-Integrated Solar Energy System meets all required Setbacks, height, and use requirements for the Zoning District in which the Building is located.
2. Solar Energy Systems, Residential.

a. Ground-Mounted Solar Energy Systems.

(1) Ground -Mounted Solar Energy Systems shall only be located in the Side or Rear Yard of a Lot and are not permitted in the Front Yard of a Lot.
(2) Ground-Mounted Solar Energy Systems must have a minimum five-foot Rear Setback and maintain the same Side Setback as required for the Zoning District in which they are located.
(3) Ground-Mounted Solar Energy Systems and supporting structures may not exceed a total height of ten (10) feet as measured from the average grade at the base of the supporting structure to the highest edge of the system.
(4) Collectively, all Ground-Mounted Solar Energy Systems on the Property shall not be greater than one-half (1/2) the square footage of the footprint of the Principal Structure or six hundred (600) square feet, whichever is greater.
(5) Ground-Mounted Solar Energy Systems must be substantially blocked from public view (including adjacent Lots and Streets) by Screening, architectural features, or a combination thereof; provided, however, that Screening shall not be required to be so dense, so tall, or so located as to render the equipment essentially non-functional.

b. Building-Mounted Solar Energy Systems.

(1) Building-Mounted Solar Energy Collectors installed in Residential Districts shall be:

(a) Installed in the plane of the roof (flush mounted); or
(b) Made part of the roof design (capping or framing compatible with the color of the roof or Structure); or
(c) A Building-Integrated Solar Energy System. Mounting brackets shall be permitted to be placed on the slope of a rear-facing roof if the Applicant can demonstrate that the existing pitch of the roof would render the Solar Energy Equipment ineffective or incapable of reasonable operation.

(2) When located on a sloped roof, Solar Energy Collectors shall be located on a rear- or side-facing roof, as viewed from the Frontage. In cases of Corner Lots or Lots with more than one (1) Frontage, the side roof fronting a Street shall be considered a front-facing roof.
(3) Solar Energy Systems shall not project vertically above the peak of a sloped roof to which it is attached.
(4) When located on a sloped roof, Solar Energy Collectors shall be positioned in a symmetrical fashion and centered on the plane of the roof on which they are located and set back at least two (2) feet from any outside edge, ridge, or valley of the roof.
(5) All exterior electrical or plumbing lines must be painted in a color scheme that matches as closely as possible the color of the Structure and the materials adjacent to the lines when visible from the Street.

3. Solar Energy Systems, Non-Residential.

a. Ground-Mounted Solar Energy Systems.

(1) Ground-Mounted Solar Energy Systems shall only be located in the Side or Rear Yard of a Lot. Ground-Mounted Solar Energy Systems are not permitted in the Front Yard of a Property.
(2) Ground-Mounted Solar Energy Systems must have a minimum five-foot Rear Setback and maintain the same Side Setback as required for the Zoning District in which they are located.
(3) Ground-Mounted Solar Energy Systems and supporting Structures may not exceed a total height of twenty (20) feet as measured from the average grade at the base of the supporting structure to the highest edge of the system.
(4) Collectively, all Ground-Mounted Solar Energy Systems located on the Property shall not be greater than one-half (1/2) the square footage of the footprint of the Principal Structure.
(5) Ground-Mounted Solar Energy Systems must be substantially blocked from public view (including adjacent Lots and Streets) by Screening, architectural features, or a combination thereof; provided, however, that Screening shall not be required to be so dense, so tall, or so located as to render the equipment essentially non-functional.

b. Building-Mounted Solar Energy Systems.

(1) Building-Mounted Solar Energy Systems installed in Non-Residential Districts shall be installed:

(a) In the plane of the roof (flush mounted);
(b) Made part of the roof design (capping or framing compatible with the color of the roof or Structure); or
(c) A Building-Integrated Solar Energy System. Mounting brackets shall be permitted if the Applicant can demonstrate that the existing pitch of the roof would render the Solar Energy Equipment ineffective or incapable of reasonable operation.

(2) When located on a sloped roof, Solar Energy Collectors shall be located on a rear- or side-facing roof, as viewed from the Frontage. In cases of Corner Lots or Lots with more than one (1) Frontage, the side roof fronting a Street shall be considered a front-facing roof.
(3) Solar Energy Systems shall not project vertically above the peak of a sloped roof to which it is attached.
(4) When located on a sloped roof, Solar Energy Collectors shall be set back at least two (2) feet from any outside edge, ridge, or valley of the roof.
(5) Solar Energy Collectors installed on a flat roof may exceed the Building Height up to five (5) feet.
(6) Solar Energy Collectors installed on the roof-top deck of a covered Off-Street Parking Area may exceed the height of the exterior wall of the Structure up to twenty (20) feet if a minimum Setback of five (5) feet from the outside face of the Structure is provided.
(7) All exterior electrical or plumbing lines must be painted in a color scheme that matches as closely as possible the color of the Structure and the materials adjacent to the lines when visible from the Street.

Permit Requirements.
A building permit is required prior to the installation of any Solar Energy System. The owner of a Solar Energy System shall ensure that it is installed and maintained in compliance with applicable building, fire, and safety codes adopted by the City and any other state or federal agency of competent jurisdiction. All wiring associated with a renewable energy system shall be underground or contained within a raceway that complements the Facade materials of the Principal Structure.

Abandonment.
Any Solar Energy Systems that are noticeably in disrepair without repair or restoration procedures substantially underway shall be removed from the Property and the Structure and/or Property shall be restored.

Alternative Compliance.
In unusual circumstances arising from the unique location or character of the proposed location and/or surrounding uses or Structures, if site-specific alternative standards would provide results that are equal to or superior to those which would be provided by the standards in this Article, the Commission may recommend and Board may approve an Applicant's request for alternative standards if in the Commission's judgment the purpose of these regulations will be satisfied and the alternative standards will have no adverse impact on any other Property or unreasonably disturb the peaceful occupancy of adjoining or nearby Property.

A. Procedure. An application for alternative compliance standards shall be reviewed in accordance with the requirements for a Special Use Permit, as set forth in Section 410.080 of this Code. The proposed alternative standards shall clearly identify and discuss the modifications and alternatives proposed and the ways in which the plan will better accomplish the intent of these design standards than would an approach which complies with the design standards of this Article.
B. Review Criteria. To approve an alternative approach, the Commission must find that the proposed alternative approach accomplishes the intent of these standards equally well or better than would an approach which complies with these standards and the alternative standards will have no adverse impact on any other Property or unreasonably disturb the peaceful occupancy of adjoining or nearby Property.

Sport courts

Tennis, basketball, volleyball, and other similar sport courts.

Stables, private

STABLE, PRIVATE
A Detached Accessory Structure related to a Residential Use or a Principal Use related to Farming for the keeping of horses owned by the occupants of the Property and which shall not be used for any commercial purpose including the boarding, hire, or training of horses.

Storage Structures

STORAGE STRUCTURE
An Accessory Building or Structure used for Storage.

Districts Where Allowed Districts where use may be allowed as an accessory use: BP-1, BP-2, BP-3, BP-4, C-1, C-2, CP-1, HP-1, IP-1, NU*, OT-1, OT-2, OT-3, OT-4, OT-5, PG, PID, PR, PS*, R-1, R-1*, R-2, R-2*, R-3, R-3*, R-4, R-6A*

Development Requirements:

Storage Structures may be erected upon a Lot in a Residential District prior to the construction of a Residential Dwelling, not to exceed two (2) months, provided that said Storage Structure does not encroach the required Front Setback of the Zoning District and has a minimum Setback of five (5) feet from all other Lot Lines.

No more than one (1) Storage Structure shall be permitted on any Lot in the Residential Districts, unless associated with Farming.

Except as otherwise provided in Subsection (H) , Storage Structures associated with a Residential Use shall not exceed twelve (12) feet in height.

Swimming pools, private

Swimming pools (in-ground and above ground), including hot tubs and elevated Decks for pools.

Tavern

TAVERN
An establishment primarily engaged in the preparation and retail sale of alcoholic beverages with a City and State approved liquor license for consumption on-site. Typical uses include sports bars, cocktail lounges, nightclubs, and similar uses at which less than fifty percent (50%) of the total revenue is generated by food sales.

Temporary Recreational Use

TEMPORARY RECREATIONAL VEHICLE USE
Non-commercial, temporary overnight stays on private property in a mobile Recreational Vehicle, as defined in Chapter 515 of the Municipal Code, on lots abutting the Meramec River for no longer than seventy (70) cumulative days in any 180-day period within a calendar year. Only one (1) Recreational Vehicle is permitted per lot. Temporary Recreational Vehicle Use does not include the overnight parking or storage of an unoccupied Recreational Vehicle for more than five (5) consecutive days. No Recreational Vehicle may be used as a residence.

Temporary stands offering for sale farm products

Tobacco shops

TOBACCO SHOP
A retail establishment that primarily engages in the sale of smoking products or devices including tobacco products, alternative nicotine products, or vapor products and related accessory products and supplies for consumption off-site. A Tobacco Shop does not include Marijuana Dispensary Facilities and does not include the sale of marijuana or marijuana-infused products.

Tourist Information Center

TOURIST INFORMATION CENTER
An establishment providing visitors with information on the area's attractions, Hotels, maps, and other items relevant to tourism, not including motorist rest stops.

Truck Terminal

TRUCK TERMINAL
A facility where freight is unloaded from interstate trucks, intermodal trailers, and shipping containers before being loaded onto local delivery trucks.

Tutoring and Test Preparation Center

TUTORING AND TEST PREPARATION CENTER
A private facility that focuses on teaching academic skills.

Used Merchandise Store

USED MERCHANDISE STORE
An establishment primarily engaged in the retail sale of used or donated goods including clothing, furniture, or appliances.

Vocational and Technical School

VOCATIONAL AND TECHNICAL SCHOOL
A facility that focuses on skills training for particular jobs or career fields, rather than on academics in the liberal arts. Programs at these schools typically last one (1) to two (2) years full-time, although students may attend part-time, and students may obtain diplomas, certificates, or associate degrees, depending on the length of the program.

Warehouse

WAREHOUSE
An establishment primarily engaged in the storage of merchandise or commodities for distribution, which may or may not include assembly of stored merchandise or commodities but does not include Self-Storage Facilities.

Warehouse Showroom Sales

WAREHOUSE SHOWROOM SALES
An establishment primarily engaged in retail or wholesale sales and installation of residential and commercial Building materials. Warehouse Showroom Sales may display, store, and perform light assembly of merchandise indoors.

Wholesale Establishment

WHOLESALE ESTABLISHMENT
An establishment primarily engaged in selling merchandise to persons other than members of the general public.

Wireless Communications Facilities

WIRELESS COMMUNICATIONS FACILITY
Any Antenna, Small Wireless Facility, Fast-Track, Cabinet, Shelter, Support Structure, and associated equipment.

Districts Where Allowed Districts where use may be allowed as an accessory use: BP-1, BP-2, BP-3, BP-4, C-1, C-2, CP-1, HP-1, IP-1, NU*, OT-1, OT-2, OT-3, OT-4, OT-5, PG, PID, PR, PS*, R-1, R-1*, R-2, R-2*, R-3, R-3*, R-4, R-6A*

Development Requirements:

Purpose. See Section 430.560: Purpose for detailed information.
Definitions. See Section 430.570: Definitions for a list of associated terms
General Requirements; Administration.

A. Applicability. The requirements set forth in this Article shall be applicable to all Wireless Communications Facilities within the City installed, built, or modified after December 20, 2018, to the full extent permitted by law. Such zoning review and approvals required in this Article shall be in addition to any other generally applicable permitting requirement, including applicable building or excavation or other right-of-way permits, as defined and required by Chapter 510.

1. Principal Or Incidental Use. Towers may be either a Principal or Incidental Use in all Non-Residential Districts, subject to any applicable requirement relating to Yard or Setback. An Incidental Use subject to a leasehold interest of a person other than the Lot owner may be approved for a Tower only if the leasehold area separately meets all requirements for a separate subdivided Lot, including dedicated access, Parking, Setbacks, and Lot Area, applicable to a Principal Use in the Zoning District in which the use is proposed. No other Zoning District shall allow Towers unless required by law. All other wireless facilities other than Towers, may be a Principal or Incidental Use in all Zoning Districts subject to the requirements herein.

2. Building Codes, Safety Standards, And Zoning Compliance. Wireless Communications Facilities shall be constructed and maintained in compliance with all standards contained in applicable state and local Building Codes. A certified engineer's structural report shall be required for all applications to construct a new or modify, or any way alter, a Support Structure, Utility Pole, or Antenna, including Small Wireless Facility and Fast-Track, unless waived upon application to the Director stating why such report is unnecessary to the specific application and a determination in the discretion of the Director approving such statement that such analysis would not further the purposes of this Section. In addition to any other approvals required by this Article, no Wireless Communications Facility or portion thereof shall be erected, replaced, or expanded prior to receipt of a Certificate of Zoning Compliance, unless otherwise required by law, and the issuance of a Building Permit. For sites within Streets:

a. The most restrictive adjacent underlying Zoning District classification shall apply unless otherwise specifically zoned and designated on the Official Zone District Map;

b. Wireless Communications Facilities shall be installed and maintained as not to obstruct or hinder the usual travel or public safety on the Street or obstruct the legal use of such Street by authorities or authorized users; and

c. Such use shall be required to obtain applicable permits and comply with the applicable rules and regulations set forth in Chapter 510.

3. Regulatory Compliance. See § 430.590(A)(3) for detailed information.

4. Security. All Wireless Communications Facilities shall be protected from unauthorized access by appropriate security measures. A description of proposed security measures shall be provided as part of any application to install, build, alter, or modify Wireless Communications Facilities. Additional measures may be required as a condition of the issuance of a building permit as deemed necessary by the Director or by the Board in the case of a Special Use Permit.

5. Lighting. Antenna, Small Wireless Facilities, Fast-Track, and Support Structures shall not be lighted unless required by the FAA or other state or federal agency with authority to regulate, in which case a description of the required lighting scheme will be made a part of the application to install, build, alter, or modify the Antenna, Small Wireless Facilities, Fast-Track, or Support Structure. Lighting may also be approved as a consistent component of a Disguised Support Structure. Equipment Cabinets and Shelters may have lighting only as approved by the Director or Board in the case of a Special Use Permit.

6. Signs. Except for a Disguised Support Structure in the form of an otherwise lawfully permitted Sign, the placement of advertising on Wireless Communications Facilities is prohibited other than identification Signs of not greater than one (1) square foot on ground equipment or required safety signage.

7. Design. See § 430.590(A)(7) for detailed information.

8. Public Property. Wireless Communications Facilities located on Property owned, leased, or otherwise controlled by the City shall be subject to the requirements of this Article. A license or lease with the City authorizing the location of such Wireless Communications Facilities shall be required for each site.

9. As-Built Plans. Within sixty (60) days of completion of the initial construction and any additional construction or modification, two (2) complete sets of plans drawn to scale and certified as accurately depicting the location of all Wireless Communications Facilities constructed shall be furnished to the City.

10. Historic Preservation; Thirty-Day Hearing Period. See § 430.590(A)(10) for detailed information.

B. Administration. The Director shall have the authority to establish forms and procedures consistent with this Article and applicable federal, state, and local law to ensure compliance and to facilitate prompt review and administration of applications.

Permitted Use.

A. Permitted Use. The placement of Wireless Communications Facilities fully conforming with the General Requirements in this Article are Permitted Uses in all Zoning Districts only as follows:

1. Co-Locations On Existing Support Structures. The attachment of additional or replacement Antenna, including Small Wireless Facilities and Fast-Track, and associated equipment to any existing Support Structure or Utility Pole or as otherwise authorized by state or federal law where local zoning is preempted, provided that building permit requirements, national safety codes, and other applicable codes including recognized accepted industry standards for structural, safety, capacity, reliability, and engineering are satisfied, including specifically the requirement to submit a certified structural engineering report as provided in Section 430.590.

2. Antenna On High-Voltage Towers. The mounting of Antenna on or within any existing high-voltage electric transmission Tower, but not exceeding the Height of such Tower by more than ten (10) feet, provided that all requirements of this Article and the underlying zoning ordinance are met, except minimum Setbacks provided in this Article shall not apply.

3. Antenna On Existing Buildings/Structures. In all Zoning Districts, except not on Single-Family or Two-Family Dwellings, the mounting of Antenna on any existing and conforming Building or Structure (other than a Support Structure or Utility Pole) provided that the presence of the Antenna and equipment is concealed by architectural elements or fully camouflaged or concealed by painting a color identical to the surface to which they are attached, and further provided that all requirements of this Article and the underlying zoning ordinance are met.

4. Co-Location Of Small Wireless Facilities On Utility Poles. See § 430.600(A)(4) for detailed information.

5. Replacement Support Structures. The construction of a Replacement Support Structure provided that building permit requirements, national safety codes, and other applicable codes including recognized accepted industry standards for structural, safety, capacity, reliability, and engineering are satisfied, including specifically the requirement to submit a certified structural engineering report as provided in Section 430.590.

Commercial Operation Of Unlawful Wireless Communications Facilities.
Notwithstanding any right that may exist for a governmental entity to operate or construct Wireless Communications Facilities, it shall be unlawful for any person to erect or operate for any private commercial purpose any Wireless Communications Facilities in violation of any provision of this Article, regardless of whether such Wireless Communications Facilities are located on land owned by a governmental entity.

Removal Of Support Structure.
Any upper portion of a Support Structure which is not occupied by active Antennas for a period of twelve (12) months and any Antennas not active or any entire Support Structure which is not so occupied by active Antennas for a period of six (6) months shall be removed at the Support Structure owner's expense. Removal of upper portions of a Support Structure manufactured as a single unit shall not be required but the inactive Antennas shall be removed.

City of Fenton, MO

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