CHAPTER 400:  ZONING REGULATIONS

ARTICLE I.  BOARDS AND COMMISSIONS

          Cross References--Council members, §§115.090 et seq.; commission on human rights, §§220.030 et seq.; park board, §§235.020 et seq.

SECTION 400.010:     PLANNING AND ZONING COMMISSION

A.     Created.  There is hereby created for the City a Planning and Zoning Commission. 

B.     Composition--Terms--Vacancy--Removal.  The Planning and Zoning Commission shall consist of nine (9) residents appointed by the Mayor and approved by the City Council.  The membership of the Commission may be increased as allowed or required by Missouri law.  In appointing and approving resident members the Mayor and Council shall use their best efforts to ensure equal representation among the City's three (3) districts.  The City Council may also appoint a member of the Council to serve as a non-voting liaison to the Commission.  The term of each of the resident members shall be for four (4) years and shall be staggered.  Any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid.  The City Council may remove any resident member for cause stated in writing and after public hearing.

C.     Election And Terms Of Office Of Chairman And Secretary.  The Planning and Zoning Commission shall elect its Chairman and Secretary from among the citizen members.  The term of the Chairman and Secretary shall be for one (1) year with eligibility for re-election. 

D.     Meetings--Adoption Of Rules--Records.

     1.     The Planning and Zoning Commission shall hold regular meetings and special meetings as it may provide by rule and shall adopt rules for the transaction of business and keep a record of its proceedings.  These records shall be public records. 

     2.     The Planning and Zoning Commission shall be represented at all proceedings by legal counsel.

E.     Appointment Of Employees And Staff--Contracts With Professional Personnel--Expenditures.  The Planning and Zoning Commission shall appoint the employees and staff necessary for its work and may contract with City planners and other professional persons for the services that it requires.  The expenditures of the Commission, exclusive of grants and gifts, shall be within the amounts appropriated for the purpose by the Council. 

F.     Powers, Duties And Functions.  The Planning and Zoning Commission shall have the powers and duties and perform the functions for Planning Commissions and Zoning Commissions as provided in Chapter 89, RSMo., and also provided by this Code or other ordinances of the City.  (R.O. 2005 §§2-236, 2-238, 2-240--2-243; CC 1997 §§2-236, 2-239, 2-241--2-244; Ord. No. 2337 §2, 8-4-99; Ord. No. 2455 §1, 8-15-01)

          Cross References--Building codes and building regulations, ch. 500; environmental reports, ch. 415; property maintenance code, ch. 505; signs and advertising devices, ch. 410; streets, sidewalks and other public places, ch. 510; subdivisions, ch. 405.

          State Law References--Authority for planning commission, §§89.310 et seq., RSMo.; authority to appoint a zoning commission, §89.070, RSMo.; planning commission to function as zoning commission, §89.390, RSMo.; powers and duties of planning commission, §§89.340 et seq., RSMo.; similar provisions, §89.330, RSMo.

SECTION 400.020:     BOARD OF ADJUSTMENT ESTABLISHED -- PURPOSE -- COMPOSITION -- APPOINTMENT -- REMOVAL -- ALTERNATE MEMBERS -- OFFICERS -- RULES AND REGULATIONS -- POWERS AND DUTIES

A.     Establishment And Purpose.  The Ellisville Board of Adjustment is hereby established to further the general purpose and intent of this Chapter by varying its terms in appropriate circumstances subject to conditions and safeguards and in accord with the other provisions herein.

B.     Composition, Appointment, Removal.  The Board of Adjustment shall consist of five (5) members who shall be residents of the City.  The members shall be nominated by the Mayor and appointed by a majority of the Council members.  The membership of the first Board appointed shall serve respectively, one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years, and one (1) for five (5) years.  Thereafter members shall be appointed for terms of five (5) years each.  Appointments to fill vacancies shall be for the unexpired portion of the term only.  The City Clerk shall keep records of the appointments and unexpired terms which may be filled by appointment.  All members and alternates shall be removable for cause by the Council upon written charges and after public hearing.

C.     Alternate Members.  Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members.  The term of office for the alternate members shall be five (5) years excepting that the three (3) members first (1st) appointed shall serve respective for a term of one (1) year, three (3) years and five (5) years; thereafter, alternate members shall be appointed for a term of five (5) years each.  Insofar as practical, alternate members shall be called upon to serve in the absence of or the disqualification of the regular members on a rotation basis.  An effort should be made by the Mayor and the Council members to equitably distribute the appointed among the districts.

D.     Officers.  The Board of Adjustment shall elect a Chairman who shall serve for a term of one (1) year.  The Board of Adjustment shall annually select a Vice Chairman from among its members.

E.     Rules And Regulations.  The Board of Adjustment may adopt such rules as necessary from time to time to carry out the provisions of this Chapter, provided they are not inconsistent with the provisions of this Chapter or other ordinances of the City.  Meetings of the Board of Adjustment shall be held as called by the Chairman and at such other times as the Board of Adjustment shall determine.  The Chairman, or in his/her absence the Acting Chairman, may administer oaths and compel the attendance of witnesses.  All meetings of the Board shall be open to the public.  The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote, indicating such fact.  All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the Board for the purpose.  It shall keep records of its examinations and other official actions and all records shall be immediately filed in the office of the City Clerk and shall be a public record.  The Board shall be represented at all proceedings by either the City Attorney or special counsel. 

F.     Powers And Duties.  The Board of Adjustment shall have the following powers and duties:   

     1.     To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Chapter.

     2.     To hear and decide all matters referred to it and upon which it is required to pass under this Chapter.

     3.     In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such ordinance, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the construction or alteration of buildings or structures or the use of land so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done.

     4.     To authorize variances upon appeal in accordance with the provisions of Section 400.140 of this Chapter.

     5.     To permit the construction and/or use of a building or the use of premises for public utility purposes.

     6.     To permit the reconstruction of a non-conforming use or building within the intent of Section 400.120, which has been damaged by explosion, fire, act of God, vandalism, deterioration or public enemy to the extent of more than fifty percent (50%) of its St. Louis County Assessor's office appraised value, where the Board of Adjustment finds some compelling public necessity requiring a continuance of the non-conforming use.

     7.     To permit a variance in the yard requirements of any district where there are severe practical difficulties or extreme hardships in the carrying out of these provisions due to an irregular shape or size of the lot, the sites of pre-existing buildings, topographical or other site conditions; provided, that such variance shall not have a serious adverse impact on any adjoining property or the general welfare or establish an unsatisfactory precedent for other locations and situations.  (R.O. 2005 §2-256; CC 1997 §2-256; Ord. No. 2442 §1, 3-18-98; Ord. No. 2425 §1, 4-4-01)

          Cross References--Public hearing, §§400.050 et seq.; appeals regarding signs, §410.100(F ); fee for board of adjustment public hearings, §400.070.

          State Law Reference--Board of adjustment, §§89.080 et seq., RSMo.

SECTION 400.030:     TREE BOARD

A.     There is hereby created and established a Tree Board for the City of Ellisville, St. Louis County, State of Missouri, which shall consist of the Director of Parks and Recreation, City Planner and Assistant City Manager.  Said Tree Board may from time to time retain professional services to assist in their appointed duties.

B.     It shall be the responsibility of the City Tree Board to study, investigate, counsel and develop and/or update annually and administer a written plan and budget for the care, maintenance, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas.  Such plan will be presented annually to the City Council and upon their acceptance and approval shall constitute the official comprehensive City tree plan for the City of Ellisville.  The Tree Board, when requested by the City Council, shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its work.

SECTION 400.040:     ARCHITECTURAL REVIEW BOARD

A.     An Architectural Review Board, consisting of the members of the City Council, is hereby created:

     1.     To ensure that new structures erected in the City and exterior alterations of existing structures shall conform to certain minimum standards of appearance as provided herein,

     2.     To avoid the erection and use of unsightly, grotesque, incompatible and unsuitable structures and exterior alterations, and

     3.     To promote the stability of property values and the general health, safety and welfare of the community.

B.     The Architectural Review Board shall have the power to employ such experts, technicians or consultants as the Council may deem necessary to evaluate an application or other matter within its jurisdiction and all related costs shall be paid by the applicant.  The City Planner or other such officer identified by the City Council (hereafter referred to as the "City Planner") shall serve as the staff representative to the Architectural Review Board and the City Attorney shall serve as legal counsel.

C.     The Board may adopt from time to time such reasonable rules and regulations as it may deem necessary and proper.  The Board shall prepare an instruction sheet for applicants, describing procedures, plans and samples that should be submitted with each application.

D.     Except as provided in Subsection (E) all applications for building permits and all plans for proposed alterations, uses, repairs or maintenance that will affect the exterior appearance of a building shall be submitted to the Board prior to the issuance of a building permit or the commencement of such alteration, use, repair or maintenance.  The Board shall consider the application after the next scheduled meeting of the City Council or in no case more than forty-five (45) days after receipt of the application by the City Planner.  Upon receipt of an application, the City Planner shall determine within ten (10) days whether the proposed modifications constitute major or substantial changes in exterior appearance.  If the determination of the City Planner is that such modifications are not major or substantial, the application shall be listed under a "consent agenda".  Applications on the consent agenda may be approved on a motion of the Architectural Review Board.  There will be no separate discussion on these items unless a Board member so requests, in which case the item will be removed from the consent agenda and considered separately at a hearing.  Applications for new construction or for major or substantial modifications, as determined by the City Planner, may be placed on the consent agenda provided drawings and materials of construction are made available for public inspection for a period of ten (10) days prior to a hearing before the Architectural Review Board.  In the event said drawings and materials are not made available as set out above, a full hearing must be held.

E.     The City Planner shall have authority to exclude from these requirements all new construction of and alterations to single-family residences that do not substantially affect exterior appearance, including the authority to approve or disapprove the applications.  Any person directly affected by a ruling of the City Planner may appeal to the Architectural Review Board provided such appeal is filed within fifteen (15) days of the ruling.

F.     Each application to the Architectural Review Board shall include those plans, elevations and building material samples or other drawings deemed necessary for evaluation by the City Planner or the Board.  The Board may continue any hearing for the submission of additional information necessary for evaluating the proposed exterior alteration. 

G.     The Architectural Review Board shall consider each application for conformity to the following architectural, design and appearance standards:

     1.     Style.  No single architectural style should be superimposed upon buildings and each should reflect its own individual style.  Monotonous design should be avoided; variation of detail and form should be used to provide visual interest.  Evaluation of the appearance of a project shall be based on the quality of its design and relationship to surroundings.  Additions should relate to the existing buildings in design, details, colors and material.

     2.     Scale and proportion.  The height, scale and proportion of each building should be compatible with its site and adjoining buildings.  Building components such as windows and doors should have proportions appropriate to the architecture of the structure.

     3.     Proportion.  Elements of building massing should relate to the size and shape of those of adjacent buildings.

     4.     Materials.  Materials should be selected for suitability to the type of building and the design in which they are used and for harmony with adjoining buildings.  Materials should be of durable quality.

     5.     Colors.  Colors, including trim and accent colors, should be harmonious and visually compatible with neighboring buildings.

     6.     Awnings, canopies and marquees.  Awnings, canopies and marquees should fit the character of the building and not interfere with the appearance of the surrounding buildings.  Unused brackets should be removed.

     7.     Preservation of period detail.  Original details on existing buildings, such as cornices, horizontal bands and decorative elements, should be preserved.

     8.     Screening.  Facilities including, but not limited to, trash dumpsters and rooftop and mechanical units should be visually screened with materials harmonious with the building.

     9.     Lighting.  Exterior lighting, including interior lighting affecting exterior appearance, when used should be of a design, size and intensity compatible with the building and adjacent areas. Excessive brightness should be avoided.

     10.     Landscaping.  Landscape treatment, where appropriate, should be provided to enhance architectural features and provide visual interest.  Landscape materials may include plants, trees, fences, walls and pavings.

     11.     Interior elements.  Any interior materials, color, design or other detail visible from the exterior should be harmonious and visually compatible with the exterior and neighboring buildings.

H.     Actions By The Board.

     1.     If approved as submitted, the City Planner may issue a building permit or other appropriate approval immediately upon notification of such action by the Board.

     2.     If the Board approves the application with modifications, the City Planner may issue a building permit or other such approval provided that the applicant shall conform to the modifications required by the Board.  The City Planner may require that the applicant make appropriate changes in the drawings and specifications to demonstrate conformity with the Board's required modifications.

     3.     If the application is disapproved with recommendations, the City Planner shall not issue a building permit or other approval unless the applicant shall make appropriate changes in the plans and specifications to conform to the recommendations of the Board.

     4.     If the application is disapproved, no permit or other approval shall be issued by the City Planner nor shall any work or use proposed under the application be commenced.  The Board shall advise the applicant in writing as to its reasons for the disapproval. 

     5.     All applications shall be considered promptly by the Architectural Review Board.  The Board shall render a decision no later forty (40) days from the date of submission of the application to the Board and failure to make a decision within that period shall be deemed an approval of the application; provided however, that this automatic approval provision shall not apply when the Board continues any hearing pursuant to Subsection (F) hereof.  (R.O. 2005 §30-8; Ord. No. 2631 §1, 4-21-04)

ARTICLE II.  PUBLIC HEARINGS -- REVIEWS -- PROCEDURES

          Cross Reference--As to zone changes, §400.180.

SECTION 400.050:     PUBLIC HEARINGS -- WHEN REQUIRED -- NOTICE 

A.     Any petition for:

     1.     A change in zoning; in the zoning Chapter or subdivision Chapter; 

     2.     Approval of a subdivision plat;

     3.     Approval of a conditional use permit;  shall require a public hearing.  Notice in conformity to the Revised Statutes of Missouri shall be given but in no case less than fifteen (15) days prior to said public hearing.  The fees for the public hearing as provided herein shall be at the petitioner's expense.

B.     Notice And Hearing.  Whenever the provisions of this Chapter require notice and hearing, the procedures herein shall govern. 

     1.     Time of publication--content.  It is the responsibility of those officials conducting the hearing to see that at least fifteen (15) days' notice of the time and place of the hearing is published in a newspaper of general circulation in the City of Ellisville.  The notice shall state the time and place of the hearing and the subject matter of the hearing.  When applicable, the notice shall also state where copies of reports, documents, applications, plans or other relevant material will be accessible for examination by interested persons prior to the hearing. 

     2.     Record of proceedings.  The official or officials holding the hearing shall provide for maintaining a record of the hearing and for taking statements, evidence and testimony. 

     3.     Posting notice.  In addition to publishing notice, the officials conducting the hearing shall request the City Clerk to post a copy of the notice as it appears in the newspaper in at least two (2) places on the premises or property or City block.  The notice, as posted, shall contain a caption in large letters stating the nature of the proposed action. 

     4.     Notice to affected property owners.  The City Clerk shall notify in writing, of the filing of the application for variance and the proposed reduction of the minimum requirements of this Chapter which would be necessary to permit the proposed construction covered by the application, all owners of the property located in the area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the property which is subject to the application for variance. 

     5.     Continuances.  In the event the petitioner seeks more than one (1) continuance of any published hearing, there shall be republication and mailing of notices with all costs to be paid by petitioner; provided however, that the Council may grant one (1) additional continuance, without republication, for good cause resulting from circumstances not within the petitioner's control.

C.     Protest Petitions.

     2.     Any application which shall be denied pursuant to Subsection (C)(1) or Section 400.150(F)(2) may not be resubmitted to the City in substantially the same form by the same applicant within one (1) year of the date of denial unless approved by no less than a three-fourths (¾) favorable vote of the Council in an open, public meeting.  The Council shall determine if an application is substantially in the same form by majority vote.   (R.O. 2005 §§2-351, 2-258; CC 1997 §§2-351, 2-258; Ord. No. 2948 §1, 7-15-09)

          Cross References--Public hearings regarding environmental control, §§415.070 et seq.; subdivisions, ch. 405. 

          State Law Reference--Similar provisions, §89.080, RSMo. 

SECTION 400.060:     FEES -- CLERK TO COLLECT

A.     In the administration of the provisions of this Article, the City Clerk shall collect fees as set out in this Code, at the time of filing of petition or application, for the various procedures as stated in this Article unless said fees are waived for good cause determined by the Council. 

B.     The City has and continues to reserve the authority to charge and collect fees including, but not limited to those set forth in this Code, for certain fixed and variable fees, charges and deposits.

C.     There may also be imposed upon an applicant certain direct or third (3rd) party fees or expenses which may be billed by or through the City to the applicant based on the action sought including, but not limited to, various professional fees, legal notice publications and any other costs associated with public notice and the application process generally.

D.     The City has and continues to reserve the authority to charge and collect reimbursement for third (3rd) party building plan, site plan or other review including, but not limited to, civil engineer, traffic engineer, landscape architect, legal and any other professional costs and associated expenses.  The City may implement an administrative escrow and/or deposit procedure whereby funds are deposited with the City in amount equal to estimated third (3rd) party costs, with upward or downward adjustments being made after actual costs are known.

E.     The City reserves the right to refuse to give any consideration to any petition or application before all applicable application and/or escrow and/or deposit fees are received by the City.  (R.O. 2005 §2-352; CC 1997 §2-352)

          Cross Reference--City clerk, §§115.130 et seq.

SECTION 400.070:     FEES -- AMOUNTS SPECIFIED

Application fees for permits shall be as set out herein:

     1.     Planning applications.  If a public hearing is required an additional one hundred twenty-five dollars ($125.00) per public hearing will need to be submitted.

          Architectural review               $ 50.00

          Boundary adjustment               50.00

          Conditional use permit          350.00

          Condominium plat               50.00

          Lot consolidations               50.00

          Planned development               500.00

          Site plan                    50.00

          Subdivision plat               400.00

          Variances                    50.00

          Zone changes                    200.00

     2.     Subdivision permit:

          Residential          $200.00

          Planned environment unit          200.00
  plus for each dwelling unit           2.00

          Commercial-industrial          $200.00
Change in zoning district classification
(based on size of area affected):

          Acreage

          2 or less                    $200.00

          More than 2 to 3                240.00

          More than 3 to 4               280.00

          More than 4 to 5               320.00

          More than 5 to 6               360.00

          More than 6 to 7               400.00

          More than 7 to 8               420.00

          More than 8 to 9               440.00

          More than 9 to 10               460.00

          More than 10 to 20               480.00

          More than 20 to 30               500.00

            More than 30 to 40               520.00

          More than 40 to 50               540.00

          More than 50 to 60               560.00

          More than 60 to 70               580.00

          More than 70 to 100               600.00

          More than 100                    700.00

(R.O. 2005 §2-353; CC 1997 §2-353)

          Cross Reference--Subdivisions, ch. 405. 

ARTICLE III.  GENERAL PROVISIONS

SECTION 400.080:     PURPOSE OF CHAPTER

A.     This Chapter shall be known as and may be cited as the "Ellisville Zoning Code".  The City reserves the right to make any necessary changes to Article, Section and Subsection numbering and/or lettering scheme sequencing, expansions, reductions, rearranging and other adjustments to this Chapter which may or may not be done in conjunction with other amendments to or codification of these regulations.

B.     In order to promote the health, safety, morals and general welfare of the community and in order to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements; and to secure economic and coordinated land use, all of the land in the City shall be zoned and divided as provided in this Chapter.  (R.O. 2005 Art. I, Zoning)

SECTION 400.090:     DEFINITIONS

A.     For the purpose of this Chapter, certain terms and words are hereby defined.  Words used in the present sense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure".  The word "shall" is always mandatory and not merely directory.  The word "may" is directory and discretionary and not mandatory.

B.     Unless a contrary intention clearly appears, the following words and phrases shall have the meanings given in the following clauses for purposes of this Chapter.  Words and phrases which are not defined shall be given their usual meaning except where the context clearly indicates a different or specific meaning.

C.     Definitions.  As used in this Chapter, the following terms shall have these prescribed meanings:

ACCESSORY BUILDING:  An ancillary or subordinate building or structure, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.

ACCESSORY USE:  A subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.

ACRE:  Unit of land measure; forty-three thousand five hundred sixty (43,560) square feet.  As a square, an acre measures two hundred eight and seventy-one hundredths (208.71) feet on each side.

ACT:  The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 and as may, from time to time, be amended.

ADULT BOOKSTORE OR NOVELTY STORE:  An establishment having either ten percent (10%) or more of (1) its stock in trade in books, photographs, magazines, films for sale or viewing on or off the premises by use of motion picture devices, video players, DVD players, computers or coin-operated means, or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to sex or sexual activity or the principal purpose of which is to sexually stimulate or sexually arouse the patron viewer or reader; or (2) instruments, devices, or paraphernalia that are designed or marketed for use in connection with specified sexual activities. 

ADULT ENTERTAINMENT BUSINESS OR ESTABLISHMENT:  Any of the establishments, businesses, buildings, structures or facilities which fit within the definition of adult bookstore or novelty store, adult entertainment facility, bathhouse, massage parlor or shop and/or modeling studio. 

ADULT ENTERTAINMENT FACILITY:  Any building, structure or facility which contains or is used entirely or partially for commercial entertainment, including theaters used for presenting live presentations, video tapes, DVDs or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to specified sexual activities, and exotic dance facilities (regardless of whether the theater or facility provides a live presentation, video tape, DVD, or film presentation), where the patrons either: (1) engage in personal contact with, or allow personal contact by employees, devices or equipment, or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or (2) observe any live presentation, video tape, DVD or film presentation of persons wholly or partially nude, unless otherwise prohibited by ordinance, with their genitals or pubic region exposed or covered only with transparent or opaque covering, or in the case of female persons with the areola and nipple of the breast exposed or covered only with transparent or opaque covering or to observe specified sexual activities. 

AGGRIEVED PARTY:  A party entitled to resort to a remedy.

AGL:  Above ground level.  Ground level shall be determined by the average elevation of the natural ground level within a radius of fifty (50) feet from the center location of measurement.

ALLEY:  A public or private thoroughfare which affords only a secondary means of access to abutting property.

ALTERATION:  A physical change in a structure or an addition to a structure.  The term "alteration" includes renovation, modification, rehabilitation and restoration.

ANCILLARY STRUCTURE:  An attached or detached accessory building for uses including, but not limited to, greenhouses, tool and garden equipment, machinery storage sheds and swimming pool cabanas.

ANTENNA:  Any device that transmits and/or receives radio waves for voice, data or video communications purposes including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications.  The term shall exclude satellite earth station antennae less than two (2) meters in diameter (mounted within twelve (12) feet of the ground or building-mounted) and any receive-only home television antennae.

ANTENNA SUPPORT STRUCTURE:  A telecommunications tower.

APARTMENT:  A room or suite of rooms within a multiple dwelling building, provided with a separate cooking and sanitary facilities and intended as a single dwelling unit.

APARTMENT DWELLING:  A dwelling or building containing three (3) or more dwelling units, each having a separate kitchen and bath facility and intended for families living independent of each other.

APPLICANT:  Any person that applies for a conditional use permit for an antenna, tower or disguised support structure pursuant to this Chapter.

APPLICATION:  The process by which an applicant submits a petition to be granted a conditional use permit to operate, collocate, install, build, alter, modify, replace or expand any antenna, tower or disguised support structure within the City of Ellisville.  An application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the City concerning such petition.

AUTOMOTIVE SALES:  The sale of new or the sale of new and used motor vehicles, motor homes, recreational vehicles, horse trailers, motorcycles, manufactured or mobile homes, trailers and boats.

BAR B QUE RESTAURANT: Any business establishment whose principal business is providing for the preparation of prepared foods on either a permanent indoor or outdoor grill, pit or smoker specifically designed to roast or broil on a rack over hot coals or on a revolving spit before or over a source of heat or on a similar type portable outdoor grill.

BASEMENT:  A story having part but not less than one-half (½) of its height below grade.  A basement is counted as a story for the purpose of height regulation only if it is subdivided by walls or partitions and used for business or dwelling purposes.

BATHHOUSE:  An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated or supervised by a medical or chiropractic practitioner or professional massage or physical therapist licensed by the State.

BRICK:  A shaped and hard fired modular construction or facing unit comprised of clay, shale or similar naturally occurring earthy substances.

BRICK VENEER:  A facing of masonry units, each having a minimum thickness of three and five-eighths (3 5/8) inches, securely anchored to steel or wooden studs, but not so bonded as to exert common action under load.

BUILDING:  Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.  When a structure is divided into separate parts by unpierced walls, each portion of such building so separated shall be deemed a separate building.

BUILDING HEIGHT:  The vertical distance measured from the lowest exposed point of the building or structure to the highest point of the building or structure.

DWELLING, TWO-FAMILY:  A two-family dwelling shall be a single building housing two (2) single-family dwelling units with a single continuous load-bearing roof.  Each unit shall comply with the minimum square footage requirements stated in Section 400.220 and all other residential requirements of the Municipal Code of the City of Ellisville, as if they were single-family dwelling units.  The two (2) dwelling units shall share a common fire wall. 

DWELLING UNIT:  A room or suite of rooms used as a dwelling including bath, sleeping and culinary accommodations for residential purposes and having a separate entrance.

EXCAVATION:  Any act by which earth, sand, gravel, rock or any other similar material is cut into, dug, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.

FAA:  The Federal Aviation Administration.

FAMILY:  One (1) or more persons occupying a dwelling and living as a single housekeeping unit, all of whom or all but two (2) of whom are related to each other by birth, adoption, marriage or as a foster child of an occupant.  It is the intention of this provision to maintain the integrity and characteristics of a single housekeeping unit in dwellings as distinguished from a group occupying a boarding house, lodging house or hotel.

FAST-FOOD RESTAURANT:  Any business establishment whose principal business is providing for the preparation or sale of prepared foods, frozen desserts or beverages for either carry out/delivery or for consumption on the premises where either:

     1.     Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers and where customers are not served their food, frozen desserts or beverages by a restaurant employee at the same table or counter where the items are consumed; or

     2.     The establishment includes a drive-up or drive-through service facility or offers curb service.

FCC: The Federal Communications Commission and any legally appointed, designated or elected agent or successor.

FENCE:  An assemblage of materials forming a barrier at grade between a lot and street or alley or between portions of a lot or lots.

FILL: Any act by which earth, sand, gravel, rock or any other similar material is deposited, placed, pushed, pulled or transported to a place other than the place from which it was excavated and shall include the conditions resulting therefrom.

FINANCIAL INSTITUTION:  Provision of financial and banking services to consumers or clients.  Walk-in and drive-in services are generally provided on site.  Typical uses include banks, savings and loan associations, savings banks, credit unions and lending establishments.

FIREARMS:  Any device designed to be used as a weapon or modified to be used as a weapon from which a projectile is expelled through a barrel by the force of an explosion or other form of combustion.

FIREARMS SALES ESTABLISHMENT:  Any premises or portion thereof used for the sale, vending, dealing, exchange or transfer of firearms or ammunition at wholesale or retail.

FIREWALL:  A wall that is continuous from the foundation to or through the underside of the roof slab or deck and that either is a "firewall" within the meaning of Section 908.1 of the 1987 B.O.C.A. Code or is a "firewall" within the meaning of the B.O.C.A. Code that was in use at the time of original construction of the property and does not contain openings or doorways of any kind.

FIRING/SHOOTING RANGE:  A structure open to the general public wherein the safe shooting of firearms and archery is permitted for the practice of marksmanship or temporary competition.

FLOOR AREA--LIVING AREA:  The area of a residence exclusive of carport, garage, breezeway, porch or unfinished basement (not including a cellar).

FRONTAGE:  The edge of a lot bordering a street or streets.

FUNERAL HOME:  See "MORTUARY".

GARAGE/CARPORT, PRIVATE:  A private garage or carport shall be a detached accessory building or portion of the main building housing or designed to house the automobiles of the occupants of the premises.

GARAGE, PUBLIC:  A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor-driven vehicles.  The term "repairing" shall not include the dismantling or storage of wrecked or junk vehicles.

GARAGE, STORAGE:  A building or portion thereof designed or used exclusively for term storage by prearrangement of motor-driven vehicles, as distinguished from daily storage furnished transients, and at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired or sold.

GRADE:  The average level of the finished surface of the ground for buildings more than five (5) feet from a street line.  For buildings closer than five (5) feet to a street, the grade is the sidewalk elevation at the center of the building.  If there is more than one (1) street, an average sidewalk elevation is to be used.  If there is no sidewalk, the Director of Public Works shall establish the sidewalk grade.

GRADING:  Excavation, fill or land disturbance or any combination thereof and shall include the conditions resulting from any excavation, fill or land disturbance.

GROUND COVER: Suitable ground cover shall be provided throughout the site unless otherwise approved on the landscape plan.  Ground cover shall be construed to include any planting of low plants that cover the ground and shall include grass and all other plants adopted for such use.

GROUP HOME:  Any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.

HEIGHT:  The vertical distance measured from the average grade of the base of the structure as defined in "AGL" above and including the main structure and all attachments.

HOME OCCUPATION:  A business, profession, occupation or trade conducted for the personal gain or support of the residential occupation and conducted entirely within a residential building or accessory structure to a residential use.  The keeping of roomers or boarders shall not be considered a home occupation.  To qualify as a home occupation, it must comply with the following provisions:

     1.     No persons other than members of the family residing on the premises shall be employed on the premises;

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

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

     4.     There shall be no exterior displays or signs other than a small name plate not exceeding one hundred forty-four (144) square inches which shall be placed on the surface of the building;

     5.     There shall be no goods, materials or commodities inventoried, stored or displayed for sale at wholesale or retail from such inventory on the premises, however, catalogues and samples may be kept and displayed on the premises;

     6.     There shall be no visitation or concentrated coming and going of clients, customers or employees to or from the premises;

     7.     There shall be no exterior storage of equipment or material used in connection with the home occupation.

HOSPITAL:  A place or institution devoted primarily to the purpose of providing facilities for the diagnosis, care or treatment of sick, injured or handicapped individuals and licensed by the Department of Health of Missouri in keeping with the requirements of the "Hospital Licensing Law".

HOTEL:  See "LODGING ESTABLISHMENT".

LANDSCAPED AREA: That area within the boundaries of a given lot not subject to vehicular traffic which is devoted to and consists of plant material including, but not limited to, grass, trees, shrubs, hedges, flowers and other ground cover, native plant materials, planters, water features and other landscape features, but not including the use of smooth concrete or asphalt.

LOADING SPACE:  A space providing for the standing, loading or unloading of trucks.

MOTEL:  See "LODGING ESTABLISHMENT".

MOTOR VEHICLE:  A self-propelled vehicle designed primarily for use or used on highways and not for use exclusively on tracks, excluding farm tractors, motorized bicycles, horse drawn carriages and motorized wheelchairs.

MULTI-TENANT RETAIL BUILDING:  A single building containing two (2) or more tenants providing retail goods, personal services, commercial services or recreational activities.

MUNICIPAL OPEN AIR MARKET:  A designated area located on City-owned property intended to provide the physical locale and means for vendors of produce, animal products and plant materials to display and retail same in open or partially open booths, slots, stands or other such subdivided areas as determined by the City.  The City shall control and supervise all aspects of said market including permitted uses, lease/use arrangements, application processes, licensing of vendors, days and hours of operation and enforcement of all rules, regulations and operating procedures established for same.

NON-CONFORMING USE:  The lawful use of land or a building or a portion thereof, which use does not conform with the use or building regulations of the zoning district in which it is situated, as set forth in Section 400.120.

NURSERY:  An establishment primarily used for the growth, transplanting, display or sale of trees (including the seasonal sale of Christmas trees), plants, shrubs and accessory items.

NURSING HOME AND FACILITIES:  A facility for adult boarding, residential care I or II, intermediate care or a skilled nursing facility as defined in Section 198.006, RSMo., as amended.

OFFICE, GENERAL:  A business office or group of business offices providing direct services to consumers such as insurance agencies, title companies, accounting, architectural, engineering, attorney, consulting and other similar professional and business services.

OFFICE, MEDICAL:  An office or group of offices used by physicians, doctors, dentists, chiropractors, psychiatrists, psychologists and other medical professionals.

OPEN SPACE: All land and water areas of a site that are not covered by structures (except recreational), roadways, driveways, parking areas and loading zones.  Buffer zones may be counted as open space, but buffer zones may not contain above ground structured improvements.

OUTDOOR STORAGE:  Storage of any material, equipment, merchandise or goods on the ground or a platform outside of a building.

PARK TREES: Are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names and all areas owned by the City or to which the public has free access as a park.

PARKING SPACE:  A durably surfaced area, unenclosed or enclosed in the main building or in an accessory building.

PARKING SPACE, DISABLED:  A durably surfaced area to accommodate a vehicle denoted as carrying an individual certified as disabled by an authority qualified to issue a disabled vehicle license in the State of Missouri. 

PAWNBROKER:  Any person engaged in the business of lending money on the security of pledged goods or engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.

PAWNSHOP:  The location at which or premises in which a pawnbroker regularly conducts business.  Pawnshops are prohibited in all zoning districts.

PERSON:  Any natural person, firm, partnership, association, corporation, company or other legal entity, private or public, whether for profit or not-for-profit.

PIERCING STUDIO OR ESTABLISHMENT:  Any place or facility where body piercing, including piercing any part of the body or head, is performed as a primary or substantial element of its business.  Piercing studios and establishments are prohibited in all zoning districts.

PLACE:  An open unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.

PRIVATE TREES: Are defined herein as trees, shrubs, bushes and all other woody vegetation that are:

     1.     Located on any lot not used for residential purposes; and

     2.     Are required by law to be maintained for landscape buffers or planting strips or pursuant to an approved conditional use permit, site development plan or landscape plan (tree removal on residential lots is regulated through Section 405.350 of the Subdivision Ordinance).

RESTAURANT:  Any business establishment whose principal business is providing for the preparation of or sale of prepared foods, frozen desserts or beverages for consumption by customers on the premises, not to include fast-food restaurants.

SCHOOL, PUBLIC:  Any school operated by a public school district or by a City, County, State or Federal Government agency.

SHELTER, TELECOMMUNICATIONS EQUIPMENT:  A building for the protection and security of communications equipment associated with one (1) or more antennae and antenna support structures and where access to equipment is gained from the interior of the building.  Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected antennas is prohibited.

SHOPPING CENTER:  A group of two (2) or more buildings and tenants featuring commercial establishments managed as a single entity.

SIGN:  Any letter, figure, design, symbol, trademark, panel, device or a structure designed or intended to convey information to the public in written or pictorial form including, without limitation, any of the following: awning, banner, billboard, canopy, governmental flags, trademark flags, church bulletin board, marquee, advertising sign, attached sign, business sign, construction sign, directional sign, flashing sign, fluttering sign, ground sign, hanging sign, identification sign, illuminated sign, government signs, memorial signs, tablets, moving sign, permanent sign, political sign, pole sign, monument sign, portable sign, projecting sign, ramp, real estate sign, roof sign, subdivision sign, temporary sign, wall sign, window sign, special displays, standard outdoor advertising structure, time and weather information and street clock, when placed out-of-doors or in show display windows intended to be visible from the outside.

SITE:  Any single or contiguous lots, tracts, projects or subdivisions of land owned by a single person, by several persons acting jointly or a corporation. 

SITE PLAN:  A graphical depiction indicating lot size, number of buildings, location of buildings on a lot, buffer (green space) zone size and location, parking provisions, exterior lighting provisions and such other detail necessary to enable City Officials to understand the exterior aesthetics of a proposed development as well as the contouring of the land both existing and proposed. 

SPECIFIED SEXUAL ACTIVITIES:  Sexual conduct, being actual or simulated, including acts of human masturbation, sexual intercourse, physical contact (in an act of apparent sexual stimulation or gratification) with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female, or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification. 

STABLE, PRIVATE:  A detached building accessory to a residential use for the keeping of horses owned by the occupants of the premises and which shall not be used for any commercial purpose including the boarding, hire, sale or training of horses.

STORY:  That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.

STORY, HALF:  A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level and in which space not more than sixty percent (60%) of the floor area is finished off for use.  A half-story may be used for occupancy in conformance with Chapter 505, Property Maintenance Code, only in conjunction with and by the occupants of the floor immediately below.

STREET:  All property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to public or private easements thereon.

STREET LINE:  A dividing line between a lot, tract or parcel of land and a contiguous street.

STREET TREES:  Are herein defined as trees, shrubs, bushes and all other woody vegetation on land lying within right-of-way lines on either side of all City streets, avenues or ways within the City. 

STRUCTURAL ALTERATIONS:  Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders or any substantial change in the roof or in the exterior walls.

STRUCTURE:  Anything constructed or erected, the use of which requires temporary or permanent location on the ground or attached to something having a permanent location on the ground, excluding therefrom driveways, parking lots, fences, sidewalks, retaining walls and utilities.

SUPPORT STRUCTURE, TELECOMMUNICATIONS TOWER:  A tower or disguised support structure.

TATTOOING:  Any method of placing designs, letters, scrolls, figures or symbols upon or under the skin with ink or colors by the aid of needles or instruments.

TATTOOING ESTABLISHMENT:  Any place or facility where tattooing is performed.  Tattooing establishments are prohibited in all zoning districts.

TELECOMMUNICATIONS FACILITIES:  Any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of telecommunications as authorized by the FCC which a person seeks to locate or has installed upon a tower or antenna support structure.  However, the term telecommunications facilities shall not include:

     1.     Any satellite earth station antenna two (2) meters in diameter or less which is located in an area zoned industrial or commercial;

     2.     Any satellite earth station antenna one (1) meter or less in diameter, regardless of zoning category;

     3.     Any satellite earth station in excess of two (2) meters in diameter which is utilized for the reception of broadcast television, video or radio signals and which is an ancillary use to a structure on the holder of the broadcast license's premises.

TEMPORARY VENDOR:  Any sale made by a person, firm or corporation engaging in the temporary business of selling goods, wares or merchandise from a tent, a parked truck, vending cart or other area outside a permanent structure on property not owned or leased by the person, firm or corporation.  Temporary vendors are prohibited in all zoning districts.

TOWER, TELECOMMUNICATIONS:  A structure designed for the support of one (1) or more antennae and including guyed towers, self-supporting (lattice) towers or monopoles, but not disguised support structures or buildings.  The term shall also not include any support structure, including attachments, of fifty-five (55) feet or less in height owned and operated by an amateur radio operator licensed by the Federal Communication Commission. 

TREE CANOPY COVERAGE: The area in square feet of a tree's spread.  Existing tree canopy is determined by measuring the ground's surface area that is covered by the branch spread of a single tree or clump or grove of trees.

USED MOTOR VEHICLE LOT OR SALES:  The annual sale of more than four (4) used vehicles not in conjunction with a new and used motor vehicle sales agency.

VEHICULAR USE AREAS:  All areas subject to vehicular traffic including access ways, driveways, loading areas, service areas and parking stalls.  Landscaped areas that are bounded by parking stalls on two (2) or more sides or parking stalls and/or aisles on three (3) or more sides shall be considered as being located within the vehicular use area, but landscaped areas bounded by a parking stall on only one (1) side and an access drive on another are not considered as being located within the vehicular use area.  Vehicular use area must terminate at least four (4) feet from the street wall of a structure, excluding vehicular access ways to the building.  (See Figure #1)

WHEEL STOP REQUIREMENT: landscaped strips less than five (5) feet in width that are located next to or in vehicular use areas at the end of a parking space must have wheel stops placed at least two and one-half (2½) feet from the face of the curb enclosing the landscaped area to the front of the wheel stop to prevent the vehicle encroachment into the planted area.  (See Figure #2)

YARD:  An open area on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.  In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used (see also Building Line Setback).

YARD, FRONT:  An open area extending across the full width of a lot between a principal building and the roadway right-of-way and/or front lot line.

YARD, REAR:  An open area extending the full width of the lot between the principal building and the rear lot line.  On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension.  On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

YARD, SIDE:  An open area between the front and rear yards of a lot and between the side lot lines and a principal building or any projections thereof.

ZONING DISTRICT:  Any Section of the City of Ellisville within which the zoning regulations are uniform.   (R.O. 2005 §§30-18, 30-83; CC 1997 §30-25; Ord. No. 1995 §1, 7-19-95; Ord. No. 2081 §1, 6-5-96; Ord. No. 2098 §3, 7-17-96; Ord. No. 2105 §1, 8-21-96; Ord. No. 2266 §1, 7-1-98; Ord. No. 2268 §1, 8-5-98; Ord. No. 2288 §1, 11-18-98; Ord. No. 2450 §1, 8-15-01; Ord. No. 2751 §1, 3-1-06; Ord. No. 2848 §5(B), 10-15-07; Ord. No. 2932 §1, 2-4-09; Ord. No. 2942 §1, 5-20-09; Ord. No. 2948 §2, 7-15-09)

SECTION 400.100:     ZONING DISTRICTS ESTABLISHED

A.     Zoning Districts.  For the purpose of this Chapter, the City of Ellisville is hereby divided into the following zoning districts:

     1.     "OS"           Open Space Single-Family Residential Zoning District

     2.     "R-1"          Single-Family Residential Zoning District

     3.     "R-2"          Planned Residential Zoning District

     4.     "R-3"           Residential Zoning District

     5.     "R-4A"      Residential Zoning District

     6.     "R-4B"      Residential Zoning District

     7.     "WNU"     Wildwood Non-Urban Zoning District

     8.     "C-1"          Open Space Commercial Zoning District

     9.     "C-2"          General Office Zoning District

     10.     "C-3"          Commercial Zoning District

     11.     "C-4"          Ellisville Business Park Zoning District

     12.     "C-5"           Planned Commercial Zoning District

     13.     "M-1"          Light Industrial Zoning District

B.     Zoning District Map.  The boundaries of these zoning districts are hereby established as shown upon the map accompanying and made a part of this Chapter, which map is designated as the "Zoning District Map".  The Zoning District Map and all the notations, references and other information shown thereon are a part of this Chapter and shall have the same force and effect as if such map and all the notations, references and other information shown thereon were all fully set forth or described herein, which Zoning District Map is properly attested and is on file with the City Clerk.

C.     Annexed Territory.  All territory which may be hereafter annexed to the City shall be classified the same as it was prior to said annexation.  Following annexation, the annexed territory may be appropriately reclassified by amending this Chapter in accordance with Section 400.180 herein.

D.     Vacation Of Public Right-Of-Ways.  In the event any street, alley or other public way forming the boundary of a zoning district is vacated, the new zoning district boundary line shall be the former centerline of said vacated public right-of-way.

E.     Boundaries Of Zoning Districts.  Where uncertainty exists with respect to the boundaries as shown on the Zoning District Map made a part of this Chapter, the following rules apply:

     1.     The zoning district boundaries are the centerline of streets or alleys, unless otherwise shown and where the zoning districts designated on the Zoning District Map are bounded approximately by streets or alleys, such streets or alleys shall be construed to be the boundary of the zoning district. 

     2.     Where the zoning district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the zoning district boundaries shall be construed to be the lot lines.  Where the zoning districts designated on the map are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the zoning district unless the boundaries are otherwise indicated on the map.

     3.     In unsubdivided property, the zoning district boundary lines on the map shall be determined by use of the scale appearing on the map. 

F.     Permitted And Conditional Uses.  The uses permitted by right and conditionally permitted are listed within each zoning district.  If a use is not listed in a specific zoning district, it is prohibited.  (R.O. 2005 §30-1; CC 1997 §30-1; Ord. No. 2932 §2, 2-4-09)

SECTION 400.110:     COMPLIANCE WITH THE REGULATIONS

Except as hereinafter specifically provided:

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

     2.     No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the height, area, parking and loading regulations of the zoning district in which the building is located.

     3.     The minimum yards and other open spaces, including lot area per family required by this Chapter for each and every building existing at the time of passage of this Chapter or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or open space required for any other building, nor shall any lot area be reduced below the requirements of this Chapter for the zoning district in which such lot is located.

     4.     Each zoning district has exclusive uses and cannot be used for uses allowed in other zoning districts unless specifically allowed within the limits of this Code.  (R.O. 2005 §30-2; CC 1997 §30-2)

SECTION 400.120:     NON-CONFORMING USES

A.     Statement Of Intent.  Non-conformities are not to be expanded and they should be abolished or reduced to conformity as quickly as the fair interest to the parties will permit.  Structures may be built on lots of record that were made non-conforming by this Chapter as to size, width or area; provided that such structures shall conform to setbacks and other regulations or dedications not involving area or width of lot.

B.     The lawful use of a building existing at the time of adoption of this Chapter may be continued, although such use does not conform with the provisions of this Chapter, and such use may be extended throughout the building; providing that no structural alterations, except those required by law or ordinance, are made therein.  If no exterior structural alterations are made, a non-conforming use of a building may be changed to a conforming use of the same or more restricted classification.  The foregoing provisions shall also apply to non-conforming uses in zoning districts hereafter changed.  Whenever a non-conforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.  Non-conformities under prior zoning ordinances shall be deemed to be continuing non-conformities for purposes of this Chapter unless made conforming by adoption of these zoning regulations.

C.     Any non-conforming structure or any structure devoted in whole or in part to a non-conforming use damaged by fire, vandalism, explosion, deterioration, act of God or public enemy, to the extent of more than fifty percent (50%) of its St. Louis County Assessor's office appraised value, shall not be restored except in conformity with the regulations of this Chapter.  The remnants of any damaged building not to be restored shall be totally removed within one hundred eighty (180) days from the time of damage.  Restoration of damaged buildings shall be completed within one hundred eighty (180) days from the time of damage, unless extended by the Council.

D.     A building or portion thereof used in whole or in part for a non-conforming use in a zoning district which remains idle or unused for a continuous period of one (1) year, regardless of ownership, whether or not the equipment or fixtures are removed shall not again be used except in conformity with the use regulations of the zoning district in which such building is located.

E.     An existing building or premises devoted to a use not permitted by this Chapter in the zoning district in which such building or premises is located, except when required to do so by law or ordinance, shall not be enlarged, extended, reconstructed or structurally altered, unless such use is changed to one (1) permitted in the zoning district in which such building or premises is located.

F.     The existence of any present non-conformity in the City shall not itself be considered grounds for a variance for other property.  (R.O. 2005 §30-3; CC 1997 §30-3)

SECTION 400.130:     ADMINISTRATION

To advise the Council on how best to preserve and protect the existing residential, business and industrial community, to provide for plan, guide and direct the development, redevelopment and growth of the City and to encourage high standards of architectural, site and landscape design, the Ellisville Planning and Zoning Commission is hereby charged with responsibilities as delineated in this Chapter of the Municipal Code of the City of Ellisville, Missouri, and the Revised Statutes of the State of Missouri.

     1.     Occupancy permits.  No land, structure or building, or buildings erected or structurally altered, shall be used or occupied, in whole or in part, for any purpose whatsoever until a certificate of occupancy is issued by the Code Enforcement Officer stating that the structure and use complies with the provisions of this Chapter and all other Chapters in the Municipal Code.  (R.O. 2005 §§2-259, 30-4; CC 1997 §§2-259, 30-4; Ord. No. 2105 §1, 8-21-96)

          Cross Reference--As to code enforcement officer ensuring compliance with these regulations, §500.035.

SECTION 400.140:     BOARD OF ADJUSTMENT -- APPEALS, PROCEDURE

A.     Appeals to the Board of Adjustment may be taken by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by any officer, department, board or bureau of the City affected by any decision of the administrative officer.  Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof.  The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.  An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her opinion, cause immediate peril to life or property.  In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.  The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time.  Upon the hearing any party may appear in person or by agent or by attorney.

B.     Hearing And Procedural Rules.  The Board of Adjustment shall hold public hearings on all applications for variances in accordance with the provisions of Section 400.050.

C.     Standards For Variance.  The Board of Adjustment shall not grant a variance as authorized herein unless it shall, in each case, make specific written findings of fact directly based upon the particular evidence presented to it that support all of the following conclusions:   

     1.     The variance requested arises from a condition which is unique to the property in question and which is not ordinarily found in the same zoning district and is not created by an action or actions of the property owner of the applicant; 

     2.     The granting of the variance shall not adversely affect the rights of adjacent property owners or residents;   

     3.     The particular physical surroundings, shape or topographical conditions of the property involved would result in a severe practical difficulty or extreme hardship upon or for the owner, lessee and occupant, if the provisions of this Chapter were literally enforced;   

     4.     The variance desired will not adversely affect the public health, safety, order, convenience and general welfare of the community; and   

     5.     Granting the variance desired will not violate the general spirit and intent of this Chapter.

D.     Review Considerations.  In determining whether the evidence presented supports all of the conclusions required by Subsection (C) hereinabove, the Board of Adjustment shall consider the extent to which the evidence demonstrates that: 

     1.     The request for a variance is not based exclusively upon the desire of the owner, lessee, occupant or applicant to secure a greater financial return from the property;   

     2.     The granting of the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the property is located; and   

     3.     The proposed variance will not impair an adequate supply of light onto adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety and substantially diminish or impair property values within the neighborhood.

E.     Conditions And Restrictions.  In granting a variance, the Board of Adjustment may impose such conditions and restrictions upon the property benefitted by the variance as may be necessary to  comply with the standards set out in Subsection (C) hereinabove to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood and to carry out the general purpose and intent of this Chapter.  Failure to comply with any of these conditions or restrictions shall constitute a violation of this Chapter punishable as provided in Section 400.190(D) of the Municipal Code of Ellisville.

F.     Decisions And Records.  No decision shall be rendered unless each member voting thereon has physically inspected the property.  The Board of Adjustment, within sixty (60) days of the date the application was filed, shall render a decision followed by findings of fact and conclusions of law.  If no decision is rendered on an applicant's appeal by the Board of Adjustment within sixty (60) days of the date the application was filed, the Board of Adjustment decision shall be deemed to support the City Planner's ruling, interpretation or decision and the application shall be deemed denied unless said time period is extended by mutual agreement in writing.  The Board of Adjustment shall render and send to the applicant a written decision on an application for a variance without unreasonable delay and in no case after more than thirty (30) days of the decision.

G.     Period Of Validity.  No variance granted by the Board of Adjustment shall be valid for a period longer than one (1) year from the date on which it grants the variance, unless within such period:

     1.     A building permit is obtained and the construction and alteration of the construction is commenced and pursued diligently toward completion; or

     2.     An occupancy permit is obtained and a use or occupancy commenced.  The Board of Adjustment may grant extensions not exceeding one hundred eighty (180) days each, upon written application, without notice or hearing.

H.     Application.

     1.     Time for appeals.  Notice of appeal shall be filed within a reasonable time, not to exceed thirty (30) days from the time the event or action appealed from occurred.

     2.     Filing.  Such appeal shall be taken by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof.  A fee and deposit shall be paid to the City at the time the appeal is filed as set forth in this Code.

     3.     Procedure.  The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. 

     4.     Public hearing.  The Board of Adjustment shall set a date for public hearing and notice of this hearing shall be given according to the provisions of Section 400.050.  The hearing shall be held no later than forty-five (45) days from the date the appeal is filed, unless a long time is required to comply with Subsection (A)(1) hereinabove.

     5.     Decisions on appeals.  Within thirty (30) days of the close of the public hearing, the Board of Adjustment shall affirm or reverse fully or partly or modify the order, requirement, decision or determination or other event or action appealed from.  The Board shall be guided in its deliberations by the Comprehensive Plan of the City and any special area plans and the purpose and intent of this Code and all Sections thereof.

     6.     Stay of proceedings.  An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment after he/she received notice of appeal that by reason of facts certified by him/her, a stay would, in his/her opinion, cause imminent peril to life or property.  In such case, the proceedings shall not be stayed otherwise than by a restraining order issued by the Board of Adjustment or a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.

I.     Appeals To The Circuit Court.  Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment, any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons or any officer, department, board or bureau of the municipality, may present to the Circuit Court of the County or City in which the property affected is located a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality.  Such petition shall be presented to the Court within thirty (30) days after the filing of the decision in the office of the Board. (R.O. 2005 §2-257; CC 1997 §2-257)

          State Reference--Similar provisions, §89.080, RSMo.

SECTION 400.150:     CONDITIONAL USE PERMIT PROCEDURE

A.     Purpose Statement. Conditional uses are those types of uses which are considered to be essentially desirable, necessary or convenient to the community but which by their nature can create 1) a tendency to generate additional traffic volume; 2) an anticipated need for parking beyond the development's private capacity; and/or 3) detrimental impacts on adjacent or neighboring properties due to noise, pollutants or other characteristics associated with that particular use.  In order to assure that detrimental impact is avoided or mitigated, each request for conditional use must be reviewed, approved and issued a conditional use permit (CUP).  Conditional uses are listed for each zoning district.

B.     Application Requirements. 

     1.     Applications for a conditional use permit shall be made to the City.  To initiate the review process, the proper application, plans and fees as set out in this Code must be filed with the City Clerk.  The property owner or leaseholder of a use may file a conditional use permit application.  If an authorized agent or the leaseholder of the use is requesting the conditional use permit, the property owner must also sign the conditional use permit application.  At the time that an application is filed, the applicant shall pay a fee as required by the fee schedule approved by the City Council.

     2.     The requirements of this application shall apply to the review of a proposed use for a conditional use permit.  For an application to be accepted for review, the following information shall be either placed on the application, site plan or on a separate sheet accompanying the submittal.  Additional information to be placed on or submitted with the application and site plan beyond the requirements  listed below may be requested by the City Planner.  The City Planner may also waive the submission requirement for any of the same following information:

          a.     Letter addressed to the City Council describing the proposed use and providing a complete account of the proposed operation.

          b.     Location map, including north arrow and map scale.

          c.     Zoning district, subdivision name, lot number, dimensions and area, and zoning of adjacent parcels where different than site.

          d.     Name, address and telephone number of the person or firm submitting the application, the submitter's legal interest and the person or firm who desires the review comments to be forwarded to them.

          e.     Proposed use of the building and its construction type and distance from adjacent property lines.

          f.     Off-street parking and loading spaces, required and proposed, including the number, size and location of those designated for the handicapped.

          g.     Type and availability of all utilities and of sanitary sewage treatment and stormwater drainage facilities, including detention and retention ponds.

          h.     Dimensions of existing and proposed roadway pavement and right-of-way width for streets abutting the site.

          i.     Existing and proposed landscaping, including name and size of plant material.

          j.     Existing and proposed contour lines or elevations, based on mean sea level datum, at intervals of five (5) feet or less.

          k.     Location and size of existing and proposed freestanding signs.

          l.     Location and identification of all right-of-ways and easements (existing and proposed).

          m.     Location and height of all light poles and type of lighting and shielding.

          n.     Overall dimensions of all buildings and the gross floor area of each building.

          o.     Approximate location of any stormwater retention or detention facilities, sink holes and springs, silt berms, ponds and other silt control facilities.

          p.     At least two (2) section profiles through the site showing existing and/or proposed structures, as well as existing natural grade and/or proposed final grade.

          q.     The proposed ingress and egress to the site including adjacent streets.

          r.     A plan showing the proposed design intent as it relates to architectural consideration to be submitted to the Architectural Review Board for approval.  Plans should be in sufficient detail to allow evaluation of the proposal and should show color, texture and material to be used for all exterior construction.  Materials selected for wall, floor and roof construction shall comply with the provisions of the City Building Code.  Presentation of construction materials shall include renderings, photographs, blueprints, a listing and/or photographs of pre-existing facilities located within the City of Ellisville using identical or similar materials and other graphic aids and/or physical samples as may be required to depict and define the appearance of the finished product as well as its durability as to exterior wall construction. 

          s.     Use(s) proposed to be operated on the subject improved property.

          t.     Demonstration of capacity to fulfill requirements imposed in conjunction with the application if approved in original or amended form.

C.     Staff Procedure.  The City Clerk then shall forthwith transmit the application to the City Planner for review for deficiencies.  Within fifteen (15) days of receipt of the application, the City Planner shall notify the applicant of any deficiencies or the application shall be accepted for consideration before the Planning and Zoning Commission, unless said timeframe is mutually waived.  Applicant must respond to the City Planner's list of deficiencies within thirty (30) days or the application is deemed void, unless such timeframe is mutually waived.  Applications are scheduled for consideration by Planning and Zoning when all submission requirements are met.  Upon receipt of the application, which has been determined to be complete by the City Planner, the application shall be referred to the Planning and Zoning Commission.

D.     Planning And Zoning Commission Procedure. The Planning and Zoning Commission may require a public hearing before their body.  The Planning and Zoning Commission shall investigate and make a report and recommendation regarding the effect of such proposed building or use upon character of the neighborhood, traffic conditions, fire hazards, public utility facilities and other matters pertaining to the public health, safety and general welfare of the community.  Such report and recommendation shall be filed with the Council within sixty (60) days of official submission to the Commission unless said time period is extended by mutual agreement in writing.  The failure of the Commission to act within sixty (60) days after the date of official submission to it shall be deemed approval.  The "date of official submission" shall mean the date of the first (1st) official Planning and Zoning Commission meeting during which the application is received and placed on the agenda for consideration.

E.     City Council Procedure. Upon receipt of the report and recommendation of the Planning and Zoning Commission, the Council shall hold a public hearing in relation to the application.  The City Council may, at its discretion, add to or delete conditions recommended by the Planning and Zoning Commission.  The City Council may refer the application back to the Planning and Zoning Commission for further study before making its final decision.  The decision rendered by the City Council shall require a simple majority vote except that a vote of at least five (5) members of the City Council will be required to approve any application contrary to the Planning and Zoning Commission recommendation.

F.     Criteria For Conditional Use Permit Approval.

     1.     It shall be the responsibility of the applicant to clearly establish that the following criteria are met:

          a.     The use will not have any negative effect upon traffic conditions.

               (1)     In the event that the proposed commercial use or building is a motor vehicle oriented business as defined by Section 400.430(A)(2), traffic impact consideration screening procedures as set forth in Section 400.430(A)(4) shall be considered by the Council in determining whether there is a negative effect upon traffic conditions, in addition to any other evidence adduced pursuant to the permit procedure.

               (2)     In the event that the proposed use or building is a multi-family development as defined by Section 400.430(B)(2), traffic impact consideration screening procedures as set forth in Section 400.430(B)(4) shall be considered by the Council in determining whether there is a negative effect upon traffic conditions, in addition to any other evidence adduced pursuant to the permit procedure.

          b.     The use will not substantially increase fire hazards.

          c.     The use will not adversely affect the character of the neighborhood.

          d.     The use will not adversely affect the general welfare of the community.

          e.     The use will not overtax the sewage or public utilities.

          f.     The use will not adversely affect or overtax Police or other City services.

          g.     The use will be the highest and best use of the location applied for.

          h.     The use will not adversely affect the financial condition of the City including any adverse impact upon utilities, property and sales tax.

          i.     The use will not have a substantial negative impact on the environment.

          j.     The proposed use is compatible with surrounding uses and with the surrounding neighborhood.

          k.     The comparative size, floor area and mass of the proposed use and/or proposed structure are appropriate and reasonable in relation to adjacent structures and buildings on surrounding properties and in the surrounding neighborhood.

          l.     The proposed use will not adversely affect the neighborhood in terms of water runoff, noise transfer or heat generation due to significant amount of hard surfaced areas for buildings, sidewalk, drives, parking and service areas.

          m.     The frequency and duration of various indoor and outdoor activities and special events associated with the proposed use will not have a deleterious impact on the surrounding area.

          n.     The proposed use is likely to remain in existence for a reasonable length of time and not become vacant or unused and whether such use involves the presence of unusual, single-purpose structures or components of a temporary nature.

          o.     The proposed use complies with the standards of good planning practices.

          p.     Where a proposed use has the potential for adverse impacts, sufficient measures have been or will be taken by the applicant that would negate, to an acceptable level, such potentially adverse impacts, as determined by the City Council.

          q.     The use will comply with all other applicable provisions of this Chapter including performance standards as set forth in Section 400.170.

     2.     If the Council's findings are positive and the Council determines that the public health, welfare and safety are adequately protected, then the application shall be approved, but if the Council's findings are negative, then the application shall be denied.

SECTION 400.160:     ENVIRONMENTAL IMPACT STATEMENTS

A.     An applicant shall affirmatively agree to a statement on any applicable application that the proposed zoning, development or use shall not adversely impact the environment.

B.     The City Planner, Planning and Zoning Commission or Council may require an applicant to perform or have performed partial or comprehensive environmental impact analysis at any time during the application or approval process and submit a report summarizing said analysis in conformity with Chapter 415, Environmental Report of this Code.  (R.O. 2005 §30-16; CC 1997 §30-16)

SECTION 400.170:     PERFORMANCE STANDARDS

All land, buildings and uses must comply with the following performance standards.  Other project or use specific factors may be regulated to protect the public health, welfare and safety as well as to protect the character of the neighborhood.

     1.     Vibration.  Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line of the lot on which the use is located, excluding vehicular traffic unrelated to the subject use.

     2.     Noise.  Every use shall be so operated that the maximum volume of sound or noise generated does not exceed seventy (70) decibels at any point on the lot line of the lot on which the use is located.

     3.     Odor.  Every use shall be so operated that no offensive or objectionable odor is perceptible at any point on the lot line of the lot on which the use is located.

     4.     Smoke.  Every use shall be so operated that no smoke from any source shall be emitted of a greater density than the density described as No. 1 on the Ringelmann Chart as published by the United States Bureau of Mines.

     5.     Toxic gases.  Every use shall be so operated that there is no emission of toxic, noxious or corrosive fumes or gases.

     6.     Emission of dirt, dust, fly ash and other forms of particulate matter.  Emission of dirt, dust, fly ash and other forms of particulate matter shall not exceed eighty-five hundredths (85/100) pounds per one thousand (1,000) pounds of gases of which amount not to exceed five-tenths (5/10) pounds per one thousand (1,000) pounds of gases shall be of such size as to be retained on a three hundred twenty-five (325) mesh U.S. standard sieve.  In the case of emission of fly ash or dust from a stationary furnace or combustion device, these standards shall apply to a condition of fifty percent (50%) excess air on the stack at full load, which standards shall be varied in proportion to the deviation of the percentage of excess air from fifty percent (50%).

     7.     Air pollution.  Every form of objectionable odors, smoke, toxic gases, particulate matter such as dirt, dust, fly ash must be restricted to specific low levels of emissions as set forth in Ord. No. 4365 of St. Louis County Code, as amended, titled Air Pollution Control Code, Chapter 612, as amended from time to time.

     8.     Radiation.  Every amount of radioactive emissions must be restricted to that considered safe by the Federal Radiation Board Standards, as amended from time to time.

     9.     Operations, heat and glare.  Every operation producing intense glare or heat must be enclosed so that they are imperceptible at any lot line without instruments. 

     10.     Additional standards applicable to all new restaurants and fast-food restaurants and upon change of ownership of existing restaurants and fast food restaurants, with the exception of bar b que restaurants as defined in Section 400.090:

          a.     Grease extraction efficiency.  Exhaust system shall have grease extraction efficiency of at least ninety percent (90%) as tested by an approved agency.

          b.     Maintenance. Equipment shall be maintained at intervals as recommended by the manufacturer and property maintenance performed in accordance with manufacturer's instructions.

          c.     Cleaning.  Hoods, grease removal devices, fans, ducts and other appurtenances shall be cleaned to bare metal at frequent intervals prior to surfaces becoming heavily contaminated with grease or oily sludge.

     11.     Outdoor storage.  In all non-residential zoning districts and in addition to other requirements required or allowed by law:

          a.     Where outdoor storage abuts any residentially zoned property, a landscaped yard of at least twenty-five (25) feet in width shall be provided along the residentially zoned district property line, and the City Planner shall require such reasonable landscaping, fencing and/or screening as may be necessary and appropriate to secure, protect and preserve the residential use of the abutting property; and

          b.     Where outdoor storage is visible from any public right-of-way or abuts any non-residential development, the City Planner shall require such reasonable landscaping, fencing and/or screening as may be necessary and appropriate to secure, protect and preserve the use of the abutting property.  (R.O. 2005 §30-14; CC 1997 §30-14; Ord. No. 2288 §2, 11-18-99; Ord. No. 2942 §2, 5-20-09)

SECTION 400.180:     ZONE CHANGES

A.     An applicant, the Council or a City Official may request that the regulations, restrictions and boundaries established by this Chapter be amended, supplemented, changed, modified or repealed by ordinance, but any such proposed amendment, supplement, change, modification or repeal shall first be submitted to the Planning and Zoning Commission for review.

B.     Applications for any proposed change in a zoning district shall be made to the Council subject to provisions contained in Subsection (C).  Applications for a proposed amendment, supplement, change, modification or repeal of any regulations, restrictions or other zoning regulation matters not related to a proposed change in a zoning district shall be made to the Council subject to provisions contained in Section 400.185.  To initiate the review process, applicants must submit the proper application and fees as set out in this Code and must file same with the City Clerk.

C.     Applications requesting review of any proposed changes in a zoning district shall be subject to the following provisions:

     1.     For an application to be accepted for review, the following information shall be either provided on the application or on a separate map and/or sheet accompanying same.  Additional information to be placed on or submitted with the application/site plan beyond the requirements listed below may be requested by the Council and/or the City Planner.  The Council and/or the City Planner may also waive the submission requirement for any of the same following information:

          a.     Location map, including north arrow and map scale.

          b.     Existing and proposed zoning district, subdivision name, lot number, dimensions and area of the property proposed for rezoning, and zoning of adjacent parcels where different than said subject property.

          c.     A certified metes and bounds description of the property which would be affected by the proposed zoning district change.

          d.     Proposed use of the subject property, if any.

          e.     Location and identification of all right-of-ways and easements (existing and proposed).

          f.     Name, address and telephone number of the person or firm submitting the application, the submitter's legal interest and the person or firm who desires the review comments to be forwarded to them.

     2.     Upon receipt of the application, which has been determined to be complete by the City Planner, the application shall be referred to the Planning and Zoning Commission forthwith; the Council shall be formally advised of said referral; and the Planning and Zoning Commission shall take the following action on same.

     3.     Schedule a public hearing in relation to the application.

     4.     The Planning and Zoning Commission shall investigate and make a report and recommendation regarding the effect of such proposed change in zoning district upon character of the neighborhood, traffic conditions, fire hazards, public utility facilities and other matters pertaining to the public health, safety and general welfare of the community.  Such report and recommendation shall be filed with the Council within sixty (60) days of official submission to the Commission.  The failure of the Commission to act within sixty (60) days after the date of official submission to it shall be deemed approval unless said time period is extended by mutual agreement in writing.  The "date of official submission" shall mean the date of the first (1st) official Planning and Zoning Commission meeting during which the application is received and placed on the agenda for consideration.

     5.     Upon receipt of the report and recommendation of the Planning and Zoning Commission, the Council shall hold a public hearing in relation to the application.

     6.     If the application for a change in zoning district classification is approved and the ordinance is enacted, the City Planner shall be directed to reflect said change upon the City's Zoning District Map and file a copy of same with the City Clerk.

     7.     If the application for a change in zoning district classification is denied, said application may not be resubmitted to the City in substantially the same form by the same applicant within one (1) year of the date of denial unless approved by no less than a three-fourths (¾) favorable vote of the Council in an open, public meeting.  The Council shall determine if an application is substantially in the same form by majority vote.  (R.O. 2005 §30-10; CC 1997 §30-10; Ord. No. 1927 §2, 8-17-94; Ord. No. 2083 §§8--11, 6-5-96; Ord. No. 2147 §1, 2-19-97)

SECTION 400.185:     TEXT AMENDMENTS

Applications requesting review of any proposed amendment, supplement, change, modification or repeal of any provision of this Chapter shall be subject to the following provisions:

     1.     For an application to be accepted for review, the following information shall be either provided on the application or on a separate sheet accompanying same.  Additional information to be submitted with the application beyond the requirements listed below may be requested by the Council and/or the City Planner.  The Council and/or the City Planner may also waive the submission requirement for any of the same following information:

          a.     A detailed description of the proposed amendment, supplement, change, modification or repeal of any provision of this Chapter.

          b.     The specific reason(s) the applicant is seeking the desired amendment, supplement, change, modification or repeal of any provision of this Chapter.

          c.     The Section(s) of this Code or Chapter that would be impacted and the extent of this impact.  If more than one (1) Section would be affected, each individual impact is to be detailed separately.

          d.     Name, address and telephone number of the person or firm submitting the application, the submitter's legal interest and the person or firm who desires the review comments to be forwarded to them.

     2.     Upon receipt of the application, which has been determined to be complete by the City Planner, the application shall be referred to the Planning and Zoning Commission forthwith;  the Council shall be formally advised of said referral; and the Planning and Zoning Commission shall take the following action on same.

     3.     Schedule a public hearing in relation to the application.

     4.     The Planning and Zoning Commission shall investigate and make a report and recommendation regarding the effect of such proposed amendment, supplement, change, modification or repeal of any provision of this Chapter upon character of the neighborhood, traffic conditions, fire hazards, public utility facilities and other matters pertaining to the public health, safety and general welfare of the community.  Such report and recommendation shall be filed with the Council within sixty (60) days of official submission to the Commission.  The failure of the Commission to act within sixty (60) days after the date of official submission to it shall be deemed approval unless said time period is extended by mutual agreement in writing.  The "date of official submission" shall mean the date of the first (1st) official Planning and Zoning Commission meeting during which the application is received and placed on the agenda for consideration. 

     5.     Upon receipt of the report and recommendation of the Planning and Zoning Commission, the Council shall hold a public hearing in relation to the application.

     6.     After holding said public hearing, the Council may authorize the proposed Chapter provision amendment, supplement, change, modification or repeal by means of a majority vote, with the exception set forth in Section 400.050(C)(1).

     7.     If the application for the proposed amendment, supplement, change, modification or repeal is denied, said application may not be resubmitted to the City in substantially the same form by the same applicant within one (1) year of the date of denial unless approved by no less than a three-fourths (¾) favorable vote of the Council in an open, public meeting.  The Council shall determine if an application is substantially in the same form by majority vote.  (R.O. 2005 §30-10; CC 1997 §30-10; Ord. No. 1927 §2, 8-17-94; Ord. No. 2083 §§8--11, 6-5-96; Ord. No. 2147 §1, 2-19-97)

SECTION 400.190:     CONFLICTS, VIOLATIONS AND PENALTIES

A.     Effect Of Conflicting Provisions.  Whenever the provisions of this Chapter are in conflict with or on the same subject as any existing or future ordinance, State Statute or Federal Statute, the provisions of this Chapter or of any applicable ordinances which are the most restrictive or which require the larger amount of space will be binding and will prevail.

B.     Restraining And Correcting Of Violations.  Anyone who either as owner, contractor, agent, employee or otherwise erects, constructs, reconstructs, alters, converts or maintains any building or structure or uses land in violation of this Chapter or other regulation made under authority of this unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use may be made to correct or abate such violation and the Code Enforcement Officer is hereby empowered to cause any building, structure, place or premises to be inspected or examined and to order in writing the remedying of any condition found to exist herein or threaten to be in violation of any provisions of this Chapter or the regulations made under authority of this Chapter.

C.     Persons Liable For Violation.  Those chargeable, singly or jointly, with violations of this Chapter shall include, but are not limited to, the following:

     1.     Those who commit, assist in or otherwise participate in a violation.

     2.     The owner or other persons who maintain the building, premises, property or other place where the violation has been committed or exists.

     3.     The owner's agent or person in charge of the building, premises, property or other place where the violation has been committed or exists.

     4.     The lessee or tenants of all or part of the building, premises, property or other place where the violation has been committed or exists.

     5.     The developer, agent, architect, contractor, subcontractor or any other person who performs work or enters into a contract for work in violation of this Chapter.

ARTICLE IV.  RESIDENTIAL ZONING DISTRICTS

SECTION 400.200:     "OS" OPEN SPACE SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT

A.     Purpose.  The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "OS" Open Space Single-Family Residential Zoning District.  All lots in this zoning district shall be restricted to one (1) habitable residential structure per lot.

B.     Permitted Uses.  A building or premises shall be used only for the following purposes:

     1.     Single-family dwelling.

     2.     Day care home under Section 400.450 herein.

     3.     Home occupation.

C.     Conditional Uses.  None.

D.     Accessory Uses.

     1.     Accessory building and uses including private stables, home occupations, private garages, carports, storage and ancillary structures.

     2.     Residential swimming pools and hot tubs (St. Louis County Health Department Standards Regulations shall govern).

     3.     Any accessory building that is not a part of the main structure shall not be located in front of the front building line and must conform with all other applicable setback requirements.

     4.     Accessory buildings which are not a part of the main building although connected by an open breezeway may be built on a required side or rear yard, but such accessory building shall not be nearer than ten (10) feet to any side or rear lot lines nor shall any such accessory building occupy more than thirty percent (30%) of the required rear yard.

     5.     No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used for dwelling purposes.

     6.     A garage or carport shall conform with all building and other regulations applicable to the residential structure.

     7.     All private garages, storage and structures and ancillary structures shall comply with setback requirements applicable to this zoning district.

     8.     The height of a private garage or carport, storage garage or structure or ancillary structure shall not exceed the maximum height of the existing building.  A private stable shall not exceed the height of twenty-five (25) feet.  A private garage, stable or carport, storage garage or structure or ancillary structure shall not exceed seventy-five percent (75%) of the floor space of the principal living area of the original structure as determined and/or measured from and around the outside wall faces of said area.

     9.     Persons wishing to construct and use additional attached or detached garages or carports, storage garages or structures or ancillary structures within this zoning district must receive a building permit from the Code Enforcement Officer.

     10.     Persons wishing to construct and use more than one (1) detached garage, carport, storage garage or structure, ancillary structure or any combination of the aforementioned within this zoning district or which do not comply with the above must receive approval from the Architectural Review Board as well as review and approval of the proposed construction by the Code Enforcement Officer.

E.     Parking Requirements.

     1.     Single-family dwelling.  Minimum of two (2) parking spaces, covered or uncovered.

     2.     Commercial vehicles may not be displayed or advertised for sale in this zoning district regardless of vehicle or property ownership.

     3.     No motor vehicle licensed in excess of eighteen thousand (18,000) pounds gross vehicle weight may be parked in this zoning district with the exception of vehicles while making local deliveries.

     4.     Any new driveway or existing driveway widened from a single driveway to a double driveway shall be constructed of a finished hard surfaced material and shall be similar to that which already exists.

     5.     Driveways and surfaced parking areas shall not occupy more than thirty percent (30%) of a front yard.

     6.     All parking shall be further restricted and/or prohibited in conformance with , Traffic and Motor Vehicles, of the Municipal Code of the City of Ellisville.

F.     Area Requirements.

     1.     Minimum lot area per dwelling unit.  Three (3) acres (one hundred thirty thousand six hundred eighty (130,680) square feet), not including twenty-five (25) feet for roadway dedication.  No new lots shall be created of less than three (3) acres in area.

     2.     Minimum width of lot.  Two hundred (200) feet measured at the required building line.

     3.     Minimum floor area.  One thousand eight hundred (1,800) square feet and a minimum of six (6) rooms.  Developments with six (6) or more units:  an average of one thousand seven hundred (1,700) square feet per unit, with a minimum of one thousand five hundred (1,500) square feet.

     4.     Minimum depth of front yard.  Fifty (50) feet.

     5.     Minimum width of side yard.  Fifty (50) feet.

     6.     Minimum depth of rear yard.  Seventy-five (75) feet.

     7.     Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot.  No accessory building shall project beyond the front building line on either street.

     8.     Where lots have a double frontage, the required front yard shall be provided on both streets.

     9.     All buildings shall occupy no more than fifty percent (50%) of the lot or tract.

     10.     No private stable shall be allowed within one hundred (100) feet of any property line.  Affiliated pasture areas shall be fenced.

G.     Height Requirements.  The maximum height of a building or structure in this district is three (3) stories or thirty-five (35) feet, excluding basements.

H.     Exterior Finish Requirements.

     1.     As defined by this Chapter, the word "masonry" shall include brick veneer and/or stone veneer for outside construction, but shall exclude cinder block, calicrete cement, block and imitation stone.  The use of asbestos shingles or asbestos siding shall not be permitted.

     2.     The exterior design within each area of a subdivision shall be varied.

     3.     All residential buildings in the Open Space Single-Family Residential Zoning District shall be of a masonry construction as hereinafter described.  A minimum of eighty percent (80%) of such residential building shall be of masonry construction.

          a.     The eighty percent (80%) masonry construction of each residential building may be reduced in accordance with the gross floor area, excluding basement and garage, as follows:

               (1)     One thousand five hundred (1,500) square feet to one thousand eight hundred (1,800) square feet, to not less than thirty-five percent (35%) masonry;

               (2)     One thousand eight hundred one (1,801) square feet to two thousand three hundred (2,300) square feet, to not less than twenty percent (20%) masonry;

               (3)     Two thousand three hundred one (2,301) square feet or larger, no masonry construction required.

          b.     In determining the amount of masonry required in each residential building, the following formula shall be used: 

                    The total square feet of all sides of the building from foundation to roof line, excluding eaves, gables and the garage door, times the percentages required as referred to above (eighty percent (80%), thirty-five percent (35%) or twenty percent (20%), shall equal the square feet of masonry required in each building.

     4.     Applications for construction of a residence in this zoning district where a single lot exists in an established neighborhood, which would not comply with the allowed masonry construction percentage reduction as provided for in Subsection (H)(3)(a) shall be made to the Architectural Review Board.

     5.     Any exterior wall construction material other than finished face brick or stone as required by this Section must be approved by a majority vote of the Architectural Review Board and approved by majority vote of the Council.  Presentation of alternative construction materials as provided by the Section shall include renderings, photos, blueprints and other graphic aids as may be required to define the appearance of the finished product, as well as its durability as to exterior wall construction.  Face brick or natural stone construction does not require approval of the Council or Architectural Review Board.

     6.     The use of alternate exterior design materials consistent with the original exterior design materials may be permitted by the City Planner in conjunction with building additions, alterations or remodeling if said materials are compatible with pre-existing materials and those materials of surrounding dwelling units.

     7.     In the event of diminishment of the square footage of the original principal structure, the exterior design materials of said structure must be brought into compliance with those materials of surrounding dwelling units or in compliance with Subsection (H)(3)(a) whichever is less restrictive.

I.     Site Design Requirements.

     1.     Sidewalks shall not be required in this zoning district.

     2.     All new construction within this zoning district shall require the dedication of road right-of-way of a width determined by the City to be sufficient for roadway widening purposes.  Said roadway right-of-way dedication may be required to be paved and done so at a time and in a manner prescribed by the Council.  The City Planner may waive said roadway dedication in the case of single lot residential construction.

     3.     All development, improvements and uses in this district shall comply with all applicable regulations contained in Article VIII, Site Design and Parking Requirements, of this  Chapter as well as Section 405.350, Woodlands Preservation.  (R.O. 2005 §30-26; CC 1997 §30-26; Ord. No. 2083 §15, 6-5-96)

SECTION 400.210:     "R-1" SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT

A.     Purpose.  The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "R-1" Single-Family Residential Zoning District.  All lots in this zoning district shall be restricted to one (1) habitable residential structure per lot.

B.     Permitted Uses.  A building or premises shall be used only for the following purposes (as defined in Section 400.090 where applicable):

     1.     Single-family dwelling.

     2.     Church or other non-denominational place of worship.

     3.     Day care home under Section 400.450 herein.

     4.     Home occupation.

     5.     Public school.

     6.     Christmas tree lot as defined in Section 400.090.

C.     Conditional Uses.

     1.     Community center.

     2.     Day care center.

     3.     Group home.  No group home shall be located within two thousand five hundred (2,500) feet of another group home.  The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards.  Group homes shall be eleemosynary or not-for-profit in nature.

     4.     Hospital.

     5.     Library.

     6.     Liquor sales in conjunction with permitted uses and conditional uses.

     7.     Museum.

     8.     Nursing home facility.

     9.     Private civic, fraternal or charitable club.

     10.     Public building.

     11.     Public park and playground.

     12.     Recreation facility, public or private.

     13.     School, college (other than public).

     14.     Utility facility.

D.     Accessory Uses.

     1.     Accessory building, private garages, carports, storage and ancillary structures, all as defined in Section 400.090.

     2.     Residential swimming pools and hot tubs (St. Louis County Health Department Standards Regulations shall govern).

     3.     Any accessory building that is not a part of the main structure shall not be located in front of the front building line and must conform with all other applicable setback requirements.

     4.     Accessory buildings which are not a part of the main building although connected by an open breezeway may be built on a required side or rear yard, but such accessory building shall not be nearer than ten (10) feet to any side or rear lot lines nor shall any such accessory building occupy more than thirty percent (30%) of the required rear yard.  There shall be not more than two (2) accessory buildings with a combined maximum area of six hundred (600) square feet.

     5.     No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used for dwelling purposes.

     6.     A garage or carport, as defined in Section 400.090, shall conform with all building and other regulations applicable to the residential structure.

     7.     All private garages, storage and structures and ancillary structures, as defined in Section 400.090, shall comply with setback requirements applicable to this zoning district including Subsection (E)(4).

     8.     The height of a private garage or carport, storage garage or structure or ancillary structure shall not exceed the maximum height of the existing building and a private garage or carport, storage garage or structure or ancillary structure shall not exceed seventy-five percent (75%) of the floor space of the principal living area of the original structure as determined and/or measured from and around the outside wall faces of said area.

     9.     Persons wishing to construct and use additional attached or detached garages or carports, storage garages or structures or ancillary structures within this zoning district must receive a building permit from the Code Enforcement Officer.

     10.     Persons wishing to construct and use more than one (1) detached garage, carport, storage garage or structure, ancillary structure or any combination of the aforementioned within this zoning district or which do not comply with the above must receive approval from the Architectural Review Board as well as review and approval of the proposed construction by the Code Enforcement Officer.

E.     Parking Requirements.

     1.     Single-family dwelling.  Minimum of two (2) parking spaces, covered or uncovered.

     2.     Off-street parking for non-residential uses in this zoning district must be approved by the conditional use procedure.

     3.     Any new driveway, driveway extension, driveway widening, expansion, turnaround area, addition, pad areas or other driveway improvement shall be constructed of a finished hard surfaced material and shall be similar to that which already exists.

     4.     No motor vehicle licensed in excess of eighteen thousand (18,000) pounds gross vehicle weight may be parked in this zoning district.  Motor vehicles licensed eighteen thousand (18,000) pounds gross vehicle weight or less, but in excess of twelve thousand (12,000) pounds gross vehicle weight, must be parked or stored in the driveway or behind the front building line.  Vehicles, while making local deliveries or providing local services, are exempt from the provisions of this Section.

     5.     Driveways and surfaced parking areas shall not occupy more than thirty percent (30%) of a front yard.

     3.     Minimum floor area.  One thousand five hundred (1,500) square feet and a minimum of six (6) rooms.  For existing dwelling units as of the date of enactment of this Section, minimum floor area shall be nine hundred (900) square feet.  It is the intention of this Section that existing lots with nine hundred (900) square foot or larger dwelling units are to be considered as conforming lots and structures for purposes of the application of Section 400.120.

     4.     Minimum depth of front yard.  Thirty-five (35) feet.  Consideration shall be given by the Council to adjusting the setback or front building line from that required for residential development to retain, whenever possible, existing topography, rock formations, large trees, natural features, natural watercourses, historical sites or other similar assets.  The minimum front yard setback for properties within the Autumn View Subdivision shall be twenty-five (25) feet.

     5.     Minimum width of side yard.  Ten (10) feet.

     6.     Minimum depth of rear yard.  Thirty (30) feet.

     7.     Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot.  No accessory building shall project beyond the front building line on either street.

     8.     Where lots have a double frontage, the required front yard shall be provided on both streets.

     9.     All buildings shall occupy no more than fifty percent (50%) of the lot or tract.

G.     Height Requirements.

     1.     The maximum height of a single-family dwelling is two and one-half (2½) stories or thirty-five (35) feet, excluding basements.

     2.     Other permitted and conditional uses.  Maximum height of fifty-five (55) feet and church and temple spires and steeples to a maximum height of seventy-five (75) feet, provided that the building is set back from all yard lines at least one (1) foot for each foot of height or in conformance with all other applicable setback requirements, whichever is greater.

     1.     All single-family dwelling construction, development and site design requirements provided for in this zoning district shall comply with the provisions set forth in this Chapter, Chapter 510, Streets, Sidewalks and Other Public Places, Chapter 405, Subdivisions and as may be required by the Council and/or City Planner.

     2.     All permitted and conditional uses with the exception of a single-family dwelling provided for in this zoning district shall comply with the provisions set forth in Article VIII, Site Design and Parking Requirements, Chapter 510, Streets, Sidewalks and Other Public Places, other applicable Sections of this Chapter which may vary depending upon the proposed development and use and as may be required by the Council and/or City Planner.

     3.     All new construction within this zoning district shall require the dedication of road right-of-way of a width determined by the City to be sufficient for roadway widening purposes.  Said roadway right-of-way dedication may be required to be paved and done so at a time and in a manner prescribed by the Council.  The City Planner may waive said roadway dedication in the case of single lot residential construction.

     4.     All signs and signage not specified in this Section or Chapter shall comply with the provisions set forth in Chapter 410, Signs and Advertising Devices of the Municipal Code of the City of Ellisville.

     5.     All development, improvements and uses in this district shall comply with all applicable regulations contained in Article VIII, Site Design and Parking Requirements of this Chapter as well as Section 405.350, Woodlands Preservation.  (R.O. 2005 §30-27; CC 1997 §30-27; Ord. No. 2019 §1, 10-18-95; Ord. No. 2083 §16, 6-5-96; Ord. No. 2105 §1, 8-21-96; Ord. No. 2854 §2, 11-7-07; Ord. No. 2932 §3, 2-4-09)

SECTION 400.211:     CLARKSON MEADOWS AND MARSH FIELD ACRES PRESERVATION OVERLAY DISTRICTS

A.     Purpose Statement.  The Clarkson Meadows Preservation Overlay District and the Marsh Field Acres Preservation Overlay District are created to support and enhance the single-family residential character of the neighborhoods.  The intent of these regulations is to ensure that future use, infill redevelopment, and renovation within the subdivisions is compatible and consistent with the established residential character of the neighborhoods by preserving existing single-family residential uses and lot sizes.  Special consideration should also be given to preserving open space and requiring complementary design characteristics and consistent setbacks, massing and building heights.

B.     Location Of The Overlay District.  The Clarkson Meadows Preservation Overlay District is identified as all properties zoned "R-1" Single-Family Residential on both sides of Vero Lane and addressed 1220 through 1275 Vero Lane.

The Marsh Field Acres Preservation Overlay District is identified as all properties zoned "R-1" Single-Family Residential on both sides Marsh, Hilltop, Fairview and Field.

C.     Significance Of Designation.  The regulations herein shall supersede or supplement, as applicable, the regulations of the base zoning district.  Where conflict results between the regulations of the preservation overlay district and the provisions of the base zoning district, the provisions of the preservation overlay district shall control.

D.     Uses Permitted.  The uses permitted by right are:

     1.     Single-family dwelling;

     2.     Day care home (as per the provisions of the land use regulations);

     3.     Home occupations (as per the provisions of the land use regulations);

All other uses listed in the base zoning district (permitted by right or permitted by conditional use permit), not listed above, shall require a conditional use permit.

E.     Area Regulations.  All area regulations shall be as required in the base zoning district; except as follows:

     1.     Minimum lot size.  Within the Clarkson Meadows subdivision the minimum lot size shall be one-third (1/3) acre.  Within the Marsh Field Acres subdivision the minimum lot size shall be one (1) acre.

     2.     Front yard coverage.  The open, park-like appearance of the front setback is a significant character-defining element.  It provides a soft, landscaped buffer between the homes and the street, creating an inviting, unified appearance.  Paving and other hard materials, in excess, can detract from this appearance and should be limited to the narrow driveways as traditionally found in both subdivisions.  Lots within the overlay district shall have no more than thirty percent (30%) of the required front yard setback covered by driveways and surfaced parking areas.

     3.     Total lot coverage.  The presence of open lawn and landscaped areas throughout the subdivision is a strong character-defining feature of the neighborhood.  Additions and new construction should utilize similar lot coverage as traditionally found in the subdivision to maintain the open character of the street and ensure compatibility with adjacent homes.  All buildings shall occupy not more than fifty percent (50%) of the lot.

     4.     Orientation of primary structure.  Building entrances have typically been oriented towards the front yard and the street within both subdivisions, accenting the primary facade of the building and creating a uniform line along the street.  Structures should be designed to be consistent with the typical organization of the neighborhood.  The front entrance to a building shall be located on the front facade of the building, oriented towards the front yard and street.

     5.     Front yard setback.  The consistent appearance of a broad, landscaped front setback and uniform building edge creates a sense of visual continuity along the street and creates an open appearance characteristic.  As new development occurs, the open character of the front setback should be preserved.  The front yard setback shall not be less than the average of those found along the block.

     6.     Building materials/colors.  The subdivisions are dominated by the use of wood siding and brick materials.  Wood lap siding is the primary material found.  Accent materials vary and include standard size brick in a variety of red tones and some stone.  Materials and colors utilized for significant renovations or for new homes should be consistent and compatible with those found in the subdivisions.

     7.     Building height/scale/massing/form.  Homes in the subdivisions are primarily one- and two-story ranch designs with a strong horizontal orientation.  Additions, new homes and accessory structures built within the subdivisions should incorporate similar features.  Designs in each area should be responsive to surrounding development, ensuring that they are compatible in terms of mass, scale and height with existing homes along a block.  The maximum building height shall be limited to two and one-half (2½) stories or thirty-five (35) feet, excluding basements.

     8.     Appeals.  Determinations or interpretations made by the City Planner regarding the building materials/colors and building height/scale/massing/form, as listed above, may be appealed to the Architectural Review Board by any aggrieved person.  (Ord. No. 2865 §1, 12-19-07)

SECTION 400.220:     "R-2" PLANNED RESIDENTIAL ZONING DISTRICT

A.     Purpose.  The purpose of this zoning district is to provide an opportunity for modern, integrated, imaginative architectural design, site arrangement and City planning for certain residential areas suitable for multi-family development.  Such zoning districts shall be laid out and developed as a unit according to an approved plan as provided below so as to accomplish such purpose.  All lots developed as single-family residences in this zoning district shall be restricted to one (1) habitable residential structure per lot.

B.     Permitted Uses.

     1.     Single-family dwelling.

     2.     Church or other non-denominational place of worship.

     3.     Day care home under Section 400.450 herein.

     4.     Home occupation.

     5.     Public school.

C.     Conditional Uses.

     1.     Multi-family dwellings.

     2.     Two-family dwelling.

     3.     Day care center.

     4.     Eleemosynary retirement complex.

     5.     Public building.

     6.     Recreation facility, public or private.

     7.     School, college (other than public).

     8.     Utility facility.

D.     Accessory Uses And Structures.

     1.     Accessory building, private garages, carports, storage and ancillary structures.

     2.     Parking lots, carports and parking garages.

     3.     Private recreational facilities as an accessory use to residential developments for the exclusive use of residents of the development.

     4.     Residential swimming pools and hot tubs.

     5.     The following commercial uses when located within a multi-family structure, provided these occupy not more than five percent (5%) of the floor area of the structure; and provided further,  that no displays are visible from the outside of the structure:

          a.     Food store or drugstore;

          b.     Barber or beauty shop;

          c.     Self-service laundry facility;

          d.     Restaurant, by conditional use permit, if required;

          e.     Newspaper and magazine stand.

     6.     Any accessory building that is not a part of the main structure shall not be located in front of the front building line and must conform with all other applicable setback requirements.

     7.     Accessory buildings, except those within a multi-family development, which are not a part of the main building although connected by an open breezeway may be built on a required side or rear yard, but such accessory building shall not be nearer than ten (10) feet to any side or rear lot lines nor shall any such accessory building occupy more than thirty percent (30%) of the required rear yard.  There shall be not more than two (2) accessory buildings.

     8.     No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used for dwelling purposes.

     9.     A garage or carport shall conform with all building and other regulations applicable to the residential structure.

     10.     All private garages, storage and structures and ancillary structures shall comply with setback requirements applicable to this zoning district.

     11.     The height of a private garage or carport, storage garage or structure or ancillary structure shall not exceed the maximum height of the existing building and a private garage or carport, storage garage or structure or ancillary structure shall not exceed seventy-five percent (75%) of the floor space of the principal living area of the original structure as determined and/or measured from and around the outside wall faces of said area.

     12.     Persons wishing to construct and use additional attached or detached garages or carports, storage garages or structures or ancillary structures within this zoning district must receive a building permit from the Code Enforcement Officer.

     13.     Persons wishing to construct and use more than one (1) detached garage, carport, storage garage or structure, ancillary structure or any combination of the aforementioned within this zoning district or which do not comply with the above must receive approval from the Architectural Review Board prior to review and approval of the proposed construction by the Code Enforcement Officer.

E.     Parking Requirements.

     1.     Single-family dwelling.  Minimum of two (2) enclosed parking spaces.

     2.     Two-family dwelling.  Minimum of two (2) enclosed parking spaces.

     3.     Multiple-family dwelling/condominium.  Minimum of two (2) parking spaces for each unit with a minimum of thirty percent (30%) of the spaces covered.

     4.     No motor vehicle licensed in excess of eighteen thousand (18,000) pounds gross vehicle weight may be parked in this zoning district.  Motor vehicles licensed eighteen thousand (18,000) pounds gross vehicle weight or less, but in excess of twelve thousand (12,000) pounds gross vehicle weight, must be parked or stored in the driveway or behind the front building line of a two-family dwelling or parked or stored in the required parking area of a multi-family development.  Vehicles, while making local deliveries or providing local services, are exempt from the provisions of this Section.

     5.     Off-street parking for non-residential uses in this zoning district must be approved by the conditional use procedure.

     6.     Any new driveway or existing driveway widened from a single driveway to a double driveway shall be constructed of a finished hard surfaced material and shall be similar to that which already exists.

     7.     Driveways and surfaced parking areas shall not occupy more than thirty percent (30%) of a front yard, or as may be approved by the City Council.

     8.     Light standards throughout any multi-family development are to be high pressure sodium, backshielded and limited to twenty (20) feet in height.

F.     Area Requirements.

     1.     The minimum area for an "R-2" Planned Residential Zoning District shall be three (3) acres.

     2.     The aggregate gross area of all buildings, parking lots and streets shall not exceed sixty percent (60%) of the entire lot area of the project, or as may be approved by the City Council.

     3.     Maximum number of dwelling units.  The City shall designate the total number of dwelling units to be permitted on the proposed site.  The maximum number of dwelling units will be based on guidance from the land use element narrative and land use plan contained in the Ellisville Comprehensive Plan adopted December 9, 1998, as amended.

          a.     Medium-density residential.

               (1)     Two-family dwelling units/duplexes shall be constructed on minimum lot size of no less than twenty-one thousand seven hundred eighty (21,780) square feet per two-family dwelling unit/duplex dwelling.  This minimum lot size may be decreased at the discretion of the City Council if the developer deposits a park sum or dedicates a park area per the requirements set forth in Subsection (F)(4).

               (2)     Multi-family dwelling units/condominiums shall be constructed with no more than ten (10) units per acre.  The number of units per acre may be increased from ten (10) units to fourteen (14) units per acre if the developer deposits a park sum per the requirements set forth in Subsection (F)(4).  No single building in the development shall have more than twelve (12) individual units.

                    (a)     Urban low-density.  Multi-family dwelling units/condominiums units shall be constructed with no more than five (5) dwelling units per acre.

     4.     Park sum requirements.  The following requirement is established for compliance with the provisions relating to same contained in Subsections (F)(3)(a)(1) and (F)(3)(a)(2).

          a.     Park sum/park dedication requirements for planned residential district.  At the discretion and choice of the City, a park area of ten percent (10%) of the total planned residential district shall be established, or a sum of money equal to ten percent (10%) of the market value of the unimproved land intended as the planned residential district shall be paid to the City.  If the City elects to require said sum of money, such sum is to be used by the City, as determined by the Council, who may first request a recommendation from the Park Board, for the purchase, development or maintenance of City parks and/or facilities.

          b.     The market value of such unimproved land to be subdivided/developed may be determined by an independent real estate appraisal.  Said appraisal must be performed by a State certified general real estate appraiser and the cost of same shall be paid by the subdivider or developer with the selection of an appraiser made by the City.

     5.     Recreational areas requirement.  Not less than fifteen percent (15%) of the area of a planned multi-family residential development shall be developed by the applicant for recreational activities.  The fifteen percent (15%) recreational activities shall be utilized for active facilities and shall not include picnic areas.  Merely by way of example and not by limitation, active facilities may include swimming pools, tennis courts, jogging or walking trails and handball or racquetball facilities.  Such recreational space shall be available to and accessible by all residents of the project.  The maintenance of the recreational areas and facilities shall be the responsibility of the applicant or his/her or its successor.  In addition to the above mentioned fifteen percent (15%) recreational requirement, developments hereunder shall be required to devote forty percent (40%) of the total area of the development to open space.  The fifteen percent (15%) recreational space requirement shall be included in the forty percent (40%) open space requirement.  "Open space" is defined as all land and water areas of a site that are not covered by structures (except recreational), roadways, driveways, parking areas and loading zones.  Buffer zones may be counted as open space but buffer zones may not contain above ground structural improvements.  No outdoor speakers or lighted tennis courts are permitted.

     6.     Minimum building setback.

          a.     Single-family dwellings and two-family dwellings/duplex dwellings.  See Section 400.210(F), or as may be approved by the City Council.

          b.     Multi-family dwellings/condominiums.  No building or parking area shall be erected nearer than ten (10) feet to the perimeter of the entire tract; except, however, that no building or parking area shall be erected nearer than sixty (60) feet to the right-of-way boundary of any public street nor closer than fifty (50) feet to an existing single-family use or zoning district.  Building setbacks from internal streets shall be a minimum of twenty (20) feet.  For the purpose of interpreting and enforcing the yard requirements of this Subsection, the entire area included within the planned residential development shall be considered as a single lot; more than one (1) building or structure may be erected thereon and the only front, rear and side yards that need to be observed are those provided for in this Subsection.

     7.     All storage of household items, outdoor furniture, appliances, building materials or of any material shall be within an enclosed building.

     8.     Minimum floor area.

          a.     Single-family dwelling, excluding basement.  One thousand five hundred (1,500) square feet.

          b.     Two-family dwelling, excluding basement.  Two thousand (2,000) square feet with a minimum of one thousand (1,000) square feet of living area per unit.

          c.     Multi-family dwelling/condominium, excluding basement.  One thousand (1,000) square feet of useable living area for each unit.

G.     Height Requirements.

     1.     Single-family dwellings and two-family dwellings.  Maximum height of two and one-half (2½) stories or thirty-five (35) feet, excluding basements.

     2.     Multi-family dwellings/condominiums.  No building shall exceed forty (40) feet in height nor contain more than three (3) stories, except, however, when the tract to be developed abuts land which is not a right-of-way for an existing public street, in which case no building exceeding twelve (12) feet in height may be erected along the ten (10) foot perimeter described in Subsection (F)(6)(b).  A building may be erected one (1) additional foot in height over twelve (12) feet for each foot by which the building is set back from the ten (10) foot perimeter, subject, however, to the overall forty (40) feet height limitation.

     3.     Other permitted and conditional uses.  Maximum height of fifty-five (55) feet and church and temple spires and steeples to a maximum height of seventy-five (75) feet, provided that the building is set back from all yard lines at least one (1) foot for each foot of height or in conformance with all other applicable setback requirements, whichever is greater.

H.     Exterior Finish Requirements.

     1.     Single-family dwellings and two-family dwellings.  See Section 400.210(H).

     2.     Multi-family dwellings/condominiums.

          a.     As defined by this Chapter, the word "masonry" shall include brick veneer and/or stone veneer for outside construction but shall exclude cinder block, calicrete cement, block and imitation stone.  The use of asbestos shingles or asbestos siding shall not be permitted.  The exterior design within each area of a subdivision shall be varied.

          b.     A minimum of fifty percent (50%) of each structure shall be of masonry construction and shall occur on all elevations.

          c.     Fifty percent (50%) of said structures may include materials that would be harmonious with the masonry and used and/or constructed as architectural features, gables, dormers, porches, trim, canopies, etc.

     3.     Any exterior wall construction material other than finished face brick or stone as required by this Section must be approved by a majority vote of the Architectural Review Board and approved by majority vote of the Council.  Presentation of alternative construction materials as provided by the Section shall include renderings, photos, blueprints and other graphic aids as may be required to define the appearance of the finished product, as well as its durability as to exterior wall construction.  Face brick or natural stone construction does not require approval of the Council or Architectural Review Board.

I.     Site Design Requirements.

     1.     Single-family dwellings and two-family dwellings. Must conform with applicable provisions set forth in this Section, Chapter 510, Streets, Sidewalks and Other Public Places, Chapter 405, Subdivisions, including Section 405.350, Woodlands Preservation and other applicable Sections of this Chapter which may vary depending upon the proposed development and use and as may be required by the Council and/or City Planner.

     2.     Multi-family dwellings/condominiums.

          a.     The development shall be designed as a whole, unified single project in compliance with the requirements of this zoning district and if built in stages, each shall conform with the approved plan.

          b.     Any part of the project area not used for buildings or other structures or for parking, loading or access ways shall be landscaped with grass, trees, shrubs and pedestrian walks.

          c.     Continuing maintenance of all required screen plantings, as shown on the approved plan, shall be a requisite of conformance for the "R-2" Planned Residential Zoning District.

          d.     When the rear or side yard abuts any residential zoning use or district, a minimum of fifty (50) foot landscaped buffer area shall be established and maintained along said property lines.  The buffer area shall contain evergreen plant material with a minimum height of six (6) feet planted on ten (10) foot centers.  A siteproof fence located within the buffer shall be provided and maintained as required by Section 400.360, unless otherwise specified by the Council.  Landscaped buffer areas required by this Section may be located within the rear yard where allowed.  Parking lots and other structures, not to include sidewalks, may not be located within said landscaped buffer area.

          e.     One (1) monument sign with the identification of the complex may be erected at each primary entrance, provided such signs shall not exceed thirty-two (32) square feet per sign face.  Such signs shall not contain flashing, moving or intermittent illumination.

          f.     One (1) sign for the purposes of identification may be erected on required yards or on buildings/structures, provided such sign is not more than two (2) square feet in area; does not contain flashing, moving or intermittent illumination; and meets the requirements of other City ordinances.

          g.     Streets, sidewalks and other site improvements shall be governed in all respects by the provisions set forth Chapter 510, Streets, Sidewalks and Other Public Places and/or Chapter 405, Subdivisions of the Municipal Code of the City of Ellisville.

     3.     The City shall give consideration to the effect of the proposed multiple dwelling or multiple dwelling development upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the public health, safety and general welfare.  The City may also impose the following additional requirements which may be more restrictive than otherwise contained in this Section:

          a.     Greater front and side yard requirements.

          b.     Specific maximum heights for the proposed multiple dwellings.

          c.     The total number of dwelling units to be permitted on the proposed site.

          d.     The minimum size of individual dwelling units.

          e.     The number of parking spaces to be provided for the proposed multiple dwelling.

          f.     Landscaping and screening for the proposed multiple dwellings.

          g.     Exterior lighting requirements.

          h.     Ingress and egress provisions to public or private streets.

          i.     Such other requirements as are deemed necessary to protect the character of the neighborhood and the general welfare of the City.

     4.     All permitted and conditional uses provided for in this zoning district shall comply with the provisions set forth in Article VIII, Site Design and Parking Requirements, Chapter 510, Streets, Sidewalks and Other Public Places, other applicable Sections of this Chapter which may vary depending upon the proposed development and use and as may be required by the Council and/or City Planner.

     5.     All new construction within this zoning district shall require the dedication of road right-of-way of a width determined by the City to be sufficient for roadway widening purposes.  Said roadway right-of-way dedication may be required to be paved and done so at a time and in a manner prescribed by the Council.  The City Planner may waive said roadway dedication in the case of single lot residential construction.

     6.     All signs and signage not specified in this district shall comply with the provisions set forth in Chapter 410, Signs and Advertising Devices of the Municipal Code of the City of Ellisville.  (R.O. 2005 §30-28; CC 1997 §30-28; Ord. No. 2098 §5, 7-17-96; Ord. No. 2143 §1, 2-5-97; Ord. No. 2489 §§1--2, 3-6-02; Ord. No. 2810 §§1--5, 1-3-07)

SECTION 400.230:     "R-3" RESIDENCE DISTRICT REGULATIONS

A.     Purpose.  The City of Ellisville has annexed unincorporated territories of St. Louis County; and the Missouri Revised Statutes mandate that the zoning classification of an annexed territory shall remain the same as it was prior to the annexation.  Therefore, this Section contains the district regulations for those areas annexed by the City with prior St. Louis County "R-2" Residence District zoning.

B.     Permitted Land Uses And Developments.  The following land uses and developments are permitted in this district:

     1.     Churches.

     2.     Day care homes.

     3.     Dwellings, single-family.

     4.     Forests and wildlife reservations as well as conservation projects.

     5.     Golf courses, including practice driving tees on the same premises.  Miniature golf courses and independent practice driving tees are excluded.

     6.     Home occupations.

     7.     Libraries, public or private not-for-profit.

     8.     Local public utility facilities, sixty (60) feet or less in height, provided that any installation, other than poles and equipment attached to the poles, shall be:

          a.     Adequately screened with landscaping, fencing or walls or any combination thereof, or

          b.     Placed underground, or

          c.     Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

          All plans for screening these facilities shall be submitted to the Department of Planning and Community Development for review.  No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning and Community Development.

     9.     Parks, parkways and playgrounds, public or private not-for-profit.

     10.     Schools, public or private kindergarten, secondary and collegiate.

     11.     Schools, public or private elementary, on a tract of land of at least five (5) acres.

C.     Conditional Land Use And Development Permits.  The following land uses and developments may be permitted under conditions and requirements specified in conditional use permits:

     1.     Day care centers.

     2.     Private not-for-profit clubs, private not-for-profit recreational land uses and community centers.

     3.     Golf courses which are illuminated and practice driving tees.  Miniature golf courses are excluded.

     4.     Group homes.  No group home shall be located within two thousand five hundred (2,500) feet of another group home.  The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards.  Group homes shall be eleemosynary or not-for-profit in nature. 

     5.     Group living facilities providing a permanent residence for not more than nine (9) individuals, all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution.

     6.     Hospitals and hospices.

     7.     Local public utility facilities over sixty (60) feet in height.

     8.     Nursing homes.

     9.     Police and fire stations.

     10.     Public utility facilities.

     11.     Retreats owned and operated by religious, educational or other not-for-profit establishments.

     12.     Schools, public or private elementary, on a tract of land of at least three (3) acres but less than five (5) acres.

     13.     Sewage treatment facilities, other than facilities permitted as an accessory use.

     14.     Specialized private schools.

D.     Accessory Land Uses And Developments.  Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use.  Detached above ground accessory structures shall not cover more than a total of seven percent (7%) of the lot area.  Accessory uses include the following:

     1.     Devices for the generation of energy, such as solar panels, wind generators and similar devices.

     2.     Individual sewage treatment facilities serving an individual dwelling or non-residential use as approved by the appropriate regulatory agency.  The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.

     3.     Private stables.

     4.     Signs (directional and informational).

E.     Performance Standards.  All uses in the "R-3" Residence District shall operate in conformity with the appropriate performance standards.

F.     Height Limitations For Structures.  The maximum height of structures in the "R-3" Residence District shall be as set out below:

     1.     No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three (3) stories or forty-five (45) feet in height, whichever is less.

     2.     All other structures, other than a public utility tower or a local public utility facility authorized by a conditional use permit, shall not exceed a height of sixty (60) feet above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in St. Louis County Section 1003.161 Air Navigation Space Regulations.

G.     Area Requirements.  The minimum lot area and yard requirements for land uses and developments in the "R-3" Residence District as well as the maximum density of nursing home self-care units shall be as set out below:

     1.     Minimum lot area requirements.

          a.     The following permitted and conditional land uses shall be situated on tracts of land providing not less than the following areas:

               Use                              Minimum Area

               Child care center                         30,000 square feet

               Church                              3 acres

               Dwelling, single-family                    15,000 square feet

               Group living facilities for religious purposes     15,000 square feet

               Library                              1 acre

               Group homes                          15,000 square feet

               Local public utility facilities               10,000 square feet

               Mechanical sewage treatment facility          15,000 square feet

               Schools:

                    Nursery or day nursery               15,000 square feet

                    Kindergarten (separate)                1 acre

                    Elementary (permitted use)                5 acres

                    Elementary (conditional use)               3 acres

                    Junior high                          10 acres

                    Senior high                          20 acres

                    Collegiate                         10 acres

          b.     Any lot or tract of record on the effective date of this Chapter, which contains less than fifteen thousand (15,000) square feet, may be used as a site for one (1) single-family dwelling together with accessory structures and uses.

          c.     Foster homes for handicapped children, group homes for the elderly and not-for-profit private clubs and recreational land uses, including community centers as approved by the Planning Commission via a conditional use permit, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments.  However, the minimum tract area for the conditional developments and uses shall not be less than fifteen thousand (15,000) square feet.

          d.     Police and fire stations as approved by the Planning Commission via a conditional use permit may be established on tracts of less than five (5) acres where the related parking needs, outdoor facilities and size of buildings are deemed consistent with the intensity of land use in the neighborhood of these uses.

          e.     Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres nor more than that required by the school land area requirements as listed in Subsection (G)(1)(a).

          f.     Mechanical sewage treatment facilities may be located on tracts of land less than fifteen thousand (15,000) square feet in area where the facility is located on platted common land within a subdivision.  The minimum lot area, however, shall in no case be less than ten thousand (10,000) square feet.

          g.     All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area.

     2.     Creation of new lots.  No new lots shall be created of less than fifteen thousand (15,000) square feet in area except for Police stations and local public utility facilities.  Lots of less than fifteen thousand (15,000) square feet, created for the above uses, shall not be used for any other use and, in the event the permitted use terminates, the lot shall be established as common ground for an adjacent development or combined with an adjacent parcel or parcels by means of a boundary adjustment.  Prior to the approval of a subdivision record plat creating a lot of less than fifteen thousand (15,000) square feet, a deed or other legal instrument must be approved by the County Counselor and recorded with the St. Louis County Recorder of Deeds, which guarantees the required transfer of the property in the event the permitted use is terminated.

     3.     Minimum yard requirements--general.

          a.     Front yard.  No structure shall be allowed within twenty-five (25) feet of any roadway right-of-way line.

          b.     Side yard.  No structure shall be allowed within ten (10) feet of any side property line.

          c.     Rear Yard.  No structure shall be allowed within fifteen (15) feet of any rear property line.

     4.     Specific yard requirements and exceptions.

          a.     Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

          b.     Boundary walls or fences six (6) feet or less in height are allowed within the minimum yard requirements.

          c.     Permitted information signs six (6) feet or less in height are allowed within the minimum front yard setback.

          d.     Permitted directional signs three (3) feet or less in height are allowed within the minimum front yard setback.

          e.     Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning and Community Development.  Light standards for parking lot lighting are allowed no closer than ten (10) feet of any side or rear yard line which adjoins property in a Park or any "R" Residence District.

          f.     In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures.  However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.

          g.     If a lot of record existing on the effective date of this Chapter has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.

          h.     Any non-residential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.

          i.     No private stable shall be allowed within one hundred (100) feet of any property line. Affiliated pasture areas shall be fenced.

     5.     Maximum density, maximum height and minimum yard requirements for nursing homes.

          a.     Densities of self-care units shall not exceed fifteen (15) units per acre.

          b.     No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.

          c.     No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.

H.     Off-Street Parking And Loading Requirements.  Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 400.490 "Parking And Loading Requirements".  (R.O. 2005 §30-29; Ord. No. 2169 §1, 4-16-97)

SECTION 400.240:     "R-4A" RESIDENCE DISTRICT REGULATIONS

A.     Purpose. The City of Ellisville has annexed unincorporated territories of St. Louis County; and the Missouri Revised Statutes mandate that the zoning classification of an annexed territory shall remain the same as it was prior to the annexation.  Therefore, this Section contains the district regulations for those areas annexed by the City with prior St. Louis County "R-6A" Residence District zoning.

B.     Permitted Uses.  The following land uses and developments are permitted in this district:

     1.     Churches.

     2.     Day care homes.

     3.     Dwellings, single-family.

     4.     Dwellings, two-family.

     5.     Dwellings, multiple-family, row houses and other group-house arrangements of attached or detached buildings.

     6.     Home occupations.

     7.     Libraries, public or private not-for-profit.

     8.     Local public utility facilities, sixty (60) feet or less in height, provided that any installation, other than poles and equipment attached to the poles, shall be:

          a.     Adequately screened with landscaping, fencing or walls or any combination thereof, or

          b.     Placed underground, or

          c.     Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

          All plans for screening these facilities shall be submitted to the Department of Planning and Community Development for review.  No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning and Community Development.

     9.     Parks, parkways and playgrounds, public or private not-for-profit.

     10.     Police stations and fire stations.

     11.     Schools, public or private kindergarten, secondary and collegiate.

     12.     Schools, public or private elementary, on a tract of land of at least five (5) acres.

C.     Conditional Uses.  The following land uses and developments may be permitted under conditions and requirements specified in conditional use permits:

     1.     Child care centers, nursery schools and day nurseries.

     2.     Private not-for-profit clubs, private not-for-profit recreational land uses and community centers.

     3.     Dormitory or group living facilities for religious, educational or charitable purposes.

     4.     Golf courses.  Miniature golf courses are excluded.

     5.     Group homes.  No group home shall be located within two thousand five hundred (2,500) feet of another group home.  The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards.  Group homes shall be eleemosynary or not-for-profit in nature.

     6.     Hospitals and hospices.

     7.     Local public utility facilities over sixty (60) feet in height.

     8.     Nursing homes.

     9.     Parking lot, when adjacent to land in a "C" Commercial or "M" Industrial District and when parking is used with a commercial or industrial development.

     10.     Public utility facilities.

     11.     Retreats owned and operated by religious, educational or other not-for-profit establishments.

     12.     Schools, public or private elementary, on a tract of land of at least three (3) acres but less than five (5) acres.

     13.     Sewage treatment facilities, other than facilities permitted as an accessory use.

     14.     Specialized private schools.

D.     Accessory Uses.  Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use.  Detached above ground accessory structures shall not cover more than a total of seven percent (7%) of the lot area.  Accessory uses include the following:

     1.     Devices for the generation of energy, such as solar panels, wind generators and similar devices.

     2.     Individual sewage treatment facilities serving an individual dwelling or non-residential use, as approved by the appropriate regulatory agency.  The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.

     3.     Signs (directional and information).

E.     Performance Standards.  All uses in the "R-4A" Residence District shall operate in conformity with the appropriate performance standards contained in performance standard regulations.

F.     Height Limitations For Structures.  The maximum height of structures in the "R-4A" Residence District shall be as set out below:

     1.     No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed four (4) stories in height, including any basement dwelling space.

     2.     All other structures, other than a public utility tower or a local public utility facility authorized by a conditional use permit, shall not exceed a height of sixty (60) feet above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in St. Louis County Section 1003.161 Air Navigation Space Regulations.

G.     Area Requirements.  The minimum lot area and yard requirements for land uses and developments in the "R-4A" Residence District as well as the maximum density of nursing home self-care units shall be as set out below:

     1.     Minimum lot area requirements.

          a.     The following permitted and conditional land uses shall be situated on tracts of land providing areas not less than those set out below:

               Use                              Minimum Area

               Child care center                         30,000 square feet

               Church                              one-half (½) acre

               Dwelling, single-family                    4,500 square feet

               Dwelling, two-family                    4,500 square feet per unit

               Dwelling, three-family                     4,000 square feet per unit

               Dwelling, multiple-family                    4,000 square feet per unit

               Fire station                          one-half (½) acre

               Group living facilities for religious purposes      4,500 square feet

               Library                               one-half (½) acre

               Local public utility facilities                10,000 square feet

               Mechanical sewage treatment facility          10,000 square feet

               Parking lot                          10,000 square feet

               Police station                          10,000 square feet

               Schools

                    Nursery or day nursery                15,000 square feet

                    Kindergarten (separate)                1 acre

                    Elementary (permitted use)               5 acres

                    Elementary (conditional use)               3 acres

                    Junior high                          10 acres

                    Senior high                          20 acres

                    Collegiate                          10 acres

          b.     Any lot or tract of record on the effective date of this Chapter, which contains less than four thousand five hundred (4,500) square feet, may be used as a site for one (1) single-family dwelling together with accessory structures and uses.

          c.     Foster homes for handicapped children, group homes for the elderly and not-for profit private clubs and recreational land uses, including community centers as approved by the Planning Commission via a conditional use permit, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments.  However, the minimum tract area for the conditional developments and uses shall not be less than ten thousand (10,000) square feet.

          d.     Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres nor more than that required by the school land area requirements as listed in Subsection (G)(1)(a).

          e.     All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area.

     2.     Minimum yard requirements.

          a.     Front yard.  No structure shall be allowed within twenty (20) feet of any roadway right-of-way line.

          b.     Side yard.  No single-family dwelling or unattached side of an attached single-family dwelling or structure accessory to a single-family or attached single-family dwelling except as noted shall be allowed within five (5) feet of any side property line.  Detached garages accessory to unattached single-family dwellings shall be a minimum of three (3) feet from any side property line.  No other structure shall be allowed within ten (10) feet of any side property line.

          c.     Rear yard.  No structure, except single-family attached dwellings and detached garages accessory to unattached single-family dwellings, shall be allowed within fifteen (15) feet of any rear property line.  Unattached sides of single-family attached dwellings shall be a minimum of fifteen (15) feet from any rear property line.  Detached garages accessory to unattached single-family dwellings shall be a minimum of three (3) feet from any rear property line.

     3.     Distances between buildings.  No wall of any separate (detached) structure, other than a single-family dwelling or structures accessory to a single-family dwelling, shall be located closer to any wall of another structure than as set out in the following table:

     4.     Specific yard requirements and exceptions.

          a.     Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

          b.     Boundary walls or fences six (6) feet or less in height are allowed within the minimum yard requirements.

          c.     Permitted information signs six (6) feet or less in height are allowed within the minimum front yard setback.

          d.     Permitted directional signs three (3) feet or less in height are allowed within the minimum front yard setback.

          e.     Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning and Community Development.  Light standards for parking lot lighting are allowed no closer than ten (10) feet of any side or rear yard line which adjoins property in a Park or any "R" Residence District.

          f.     In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a front yard setback variation of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures.  However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.

          g.     If a lot of record existing on the effective date of this Chapter has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.

          h.     Any non-residential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.

          i.     Parking lots for five (5) or more vehicles, loading spaces or internal drives serving said parking lots or loading spaces, except ingress and egress drives, shall be set back a minimum of twenty (20) feet from any roadway right-of-way line and ten (10) feet from any adjoining property in a Park or "R" District.  No setback is required from adjoining properties in a "C", "R", "M" District unless required by the conditions of a conditional use permit.  Parking shall be screened from any adjoining property in a Park or "R" District using fences, berms or landscaping.

     5.     Maximum density, maximum height and minimum yard requirements for nursing homes.

          a.     Densities of self-care units shall not exceed twenty-five (25) units per acre.

          b.     No building within a nursing home development shall exceed a height of four (4) stories or sixty (60) feet above the average ground elevation at the perimeter of the building, whichever is less.

          c.     No building within a nursing home development shall be allowed within a minimum of thirty (30) feet of any property line.

H.     Off-Street Parking And Loading Requirements.  Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 400.490 "Parking And Loading Requirements".  (R.O. 2005 §30-30; Ord. No. 2169 §2, 4-16-97)

SECTION 400.250:     "R-4B" RESIDENCE DISTRICT REGULATIONS

A.     Purpose. This Section contains the district regulations for those areas within Ellisville which are surrounded on at least eighty-five percent (85%) of its perimeter by unincorporated St. Louis County "R-4" Residence District zoning platted and approved by St. Louis County prior to the effective date of this Chapter.

B.     Permitted Uses.  The following land uses and developments are permitted in this district:

     1.     Dwellings, single-family.

     2.     Home occupations.

     3.     Church.

     4.     Day care homes under Section 400.450 herein.

C.     Accessory Land Uses And Developments.  Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use.  Detached above ground accessory structures shall not cover more than a total of seven percent (7%) of the lot area.  Accessory uses include the following:

     1.     Devices for the generation of energy, such as solar panels, wind generators and similar devices.

     2.     Signs (directional and information).

D.     Performance Standards.  All uses in the "R-4B" Residence District shall operate in conformity with the appropriate performance standards.

E.     Height Limitations.  The maximum height of structures in the "R-4B" Residence District shall be as set out below:

     1.     No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three (3) stories in height, including any basement dwelling space.

     2.     All other structures shall not exceed a height of sixty (60) feet above the average finished ground elevation at the perimeter of such structure.

F.     Area Requirements.  The minimum lot area and yard requirements for land uses and developments in the "R-4B" Residence District shall be as set out below:

     1.     Minimum lot area requirements.

          a.     Dwellings shall be constructed on minimum lot size of no less than ten thousand (10,000) square feet.  This minimum lot size may be decreased to seven thousand five hundred (7,500) square feet if the developer deposits a park impact fee per the requirements set forth in paragraph (b).

          b.     Park impact fee requirements.  The following requirement is established for compliance with the provisions relating to same contained in paragraph (a) above.

               (1)     The subdivider/developer/builder shall pay to the City a sum of money equal to ten percent (10%) of the market value of the unimproved land intended to be developed, paid on basis of the market value of the entire area to be subdivided/developed.  Said sum is to be used by the City as determined by the Council, who may first request a recommendation from the Park Board, for the purchase, development or maintenance of City parks and/or facilities.

               (2)     The market value of such unimproved land to be subdivided/developed may be determined by an independent real estate appraisal.  Said appraisal must be performed by a State certified general real estate appraiser and the cost of same shall be paid by the subdivider or developer with the selection of an appraiser made by the City.

          c.     Minimum sixty (60) feet wide.

     2.     Minimum yard requirements.

          a.     Front yard.  No structure shall be allowed within twenty (20) feet of any roadway right-of-way line.

          b.     Side yard.  No structure shall be allowed within six (6) feet of any side property line.

          c.     Rear yard.  No structure shall be allowed within fifteen (15) feet from any rear property line.

     3.     Specific yard requirements and exceptions.

          a.     Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

          b.     Boundary walls or fences six (6) feet or less in height are allowed within the minimum yard requirements.

          c.     Permitted information signs six (6) feet or less in height are allowed within the minimum front yard setback.

          d.     Permitted directional signs three (3) feet or less in height are allowed within the minimum front yard setback.

          e.     Light standards for street lighting or at points of ingress and egress are allowed within the minimum front yard setback when approved by the Department of Planning and Community Development.

G.     Parking Requirements.

     1.     Minimum of two (2) parking spaces, covered or uncovered.

     2.     Any new driveway, driveway extension, driveway widening, expansion, turnaround area, addition, pad areas or other driveway improvement shall be constructed of a finished hard surfaced material and shall be similar to that which already exists.

     3.     No motor vehicle licensed in excess of eighteen thousand (18,000) pounds gross vehicle weight may be parked in this zoning district.  Motor vehicles licensed eighteen thousand (18,000) pounds gross vehicle weight or less, but in excess of twelve thousand (12,000) pounds gross vehicle weight, must be parked or stored in the driveway or behind the front building line.  Vehicles, while making local deliveries or providing local services, are exempt from the provisions of this Section.  (R.O. 2005 §30-31; Ord. No. 2169 §3, 4-16-97)

SECTION 400.260:     "WNU" WILDWOOD NON-URBAN DISTRICT REGULATIONS

A.     Purpose.  Transfer of jurisdiction of areas in the City of Wildwood to the City of Ellisville have been approved by the St. Louis County Boundary Commission; and the Missouri Revised Statutes mandate that the zoning classification of a transferred territory shall remain the same as it was prior to the transfer.  Therefore, this Section contains the district regulations for those areas transferred to the City with prior Wildwood "NU" Non-Urban District zoning.

H.     Parking Requirements.  Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 400.490 "Parking And Loading Requirements".  (R.O. 2005 §30-33; Ord. No. 2218 §1, 12-17-97)

ARTICLE V.  COMMERCIAL ZONING DISTRICTS

SECTION 400.270:     "C-1" OPEN SPACE COMMERCIAL ZONING DISTRICT

A.     Purpose.  The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "C-1" Open Space Commercial Zoning District.  The provisions contained in this Section are applicable only to "C-1" Open Space Commercial Zoning District uses unless specifically otherwise indicated.

B.     Permitted Uses.

     1.     General office and medical office.

     2.     Mini-shop as defined in Section 400.090.

     3.     Public building--City.

     4.     Public park.

C.     Conditional Uses.

     1.     Alarm monitoring service.

     2.     Animal clinic/hospital/grooming (excluding kennels or stables).

     3.     Cell towers.

     4.     Church or other non-denominational place of worship.

     5.     Day care center.

     6.     Financial institution.

     7.     Hospital.

     8.     Liquor sales in conjunction with permitted uses and conditional uses.

     9.     Museum.

     10.     Nursing home facility.

     11.     Parking on a lot adjacent to or separated by a public street from primary commercial property for use by employees of said primary facility only.

     12.     Post office.

     13.     Private, civic, fraternal or charitable club.

     14.     Public building--other agency.

     15.     Recreation facility, public or private.

     16.     Retail sales.

     17.     School, college (other than public).

     18.     Utility facility or substation.

D.     Accessory Uses.

     1.     Accessory uses customarily incidental to the above uses.

     2.     Any building used primarily for any of the above enumerated purposes may have not more than twenty-five percent (25%) of the floor area devoted to storage purposes incidental to such primary use.

E.     Parking Requirements.

     1.     No motor vehicle licensed in excess of eighteen thousand (18,000) pounds gross vehicle weight may be parked in this zoning district with the exception of vehicles while making local deliveries.

     2.     Minimum number of required parking spaces.  Not less than five (5) spaces.

F.     Area Requirements.

     1.     Minimum lot area.  One-half (½) acre (twenty-one thousand seven hundred eighty (21,780) square feet).

     2.     Maximum floor area.  Twenty percent (20%) of total lot area.

     3.     Minimum front building setback line.  Consistent with the residential setback on the subject street except those fronting on Manchester Road, Clarkson Road and Old State Road where the minimum front building setback line is to be one hundred ten (110) feet from the centerline of the road right-of-way.

     4.     Minimum width of side yard.  Ten (10) feet, except on the side of a lot abutting a residential zoning district in which case there shall be a side yard of not less than twenty-five (25) feet.

     5.     Minimum depth of rear yard.

          a.     Permitted uses.  Thirty-five (35) feet which shall be a no build zone free of any structures and other surface or above surface infrastructural improvements exclusive of those required by the City or utility companies and not be utilized in any manner in conjunction with the operation of any business activity on the subject parcel.  Landscaped buffer areas required by Section 400.480 may be within the rear yard.

          b.     Conditional uses.  Twenty-five percent (25%) of the subject parcel or fifty (50) feet, whichever is smaller, shall be a no build zone free of any structures and other surface or above surface infrastructural improvements exclusive of those required by the City or utility companies and not be utilized in any manner in conjunction with the operation of any business activity on the subject parcel.  Landscaped buffer areas required by Section 400.480 may be within the rear yard.

     6.     Maximum lot coverage.  Buildings, drives, parking spaces and surfaced areas shall not exceed sixty percent (60%) of the lot area.

     7.     Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, in no case shall the front yard depth be less than established for that street.

     8.     Structure height setback.  Radio or television towers, water tanks and other necessary appurtenances shall be set back from all yard lines at least one (1) foot for each foot of height or in conformance with applicable provisions, whichever is greater.

G.     Height Requirements.

     1.     The maximum height for any structure in this district is two (2) stories or thirty (30) feet.  Any structure in excess of two (2) stories or thirty (30) feet will not be allowed except as a conditional use.

     2.     Other permitted and conditional uses.  Maximum height of thirty-five (35) feet.

H.     Exterior Finish Requirements.

     1.     When a structure is constructed, enlarged or remodeled in this zoning district, such a structure shall be approved by the Architectural Review Board.

     2.     Any exterior construction material must be approved by a majority vote of the Architectural Review Board.  Presentation of construction materials shall include renderings, photos, blueprints and other graphic aids as may be required to define the appearance of the finished product as well as its durability as to exterior construction.

I.     Site Design Requirements. 

     1.     All new construction within this zoning district shall require the dedication of road right-of-way or other improvements as prescribed by the City.

     2.     One (1) monument sign with the identification of the business may be erected on the primary facility lot.  The area of said monument sign is limited to a maximum of thirty-five percent (35%), in square feet, of the lot frontage, in lineal feet, subject to a maximum area of one hundred fifty (150) square feet of sign face, total.  Both street frontages may be used to compute the allowable sign area in the case of a corner lot.  Monument signs shall not be required to be smaller than a total of eighty (80) square feet of sign face, total.  No commercial signage will be allowed on any subdivided lot used for off-site employee parking other than directional, traffic control and signage restricting utilization of the lot to employee parking for the primary facility lot, provided that the size of such sign shall not exceed three (3) square feet each sign face.  All signage application, review and approval procedures shall be in compliance with Chapter 410, Signs and Advertising Devices of this Code.

     3.     Identification signage. 

          a.     Single tenant buildings.  One (1) sign for the purposes of identification may be erected on one (1) side of the building with commercial street frontage, provided such sign is not more than two (2) square feet in area, does not contain neon, flashing, moving or intermittent illumination and meets the requirements of other City ordinances.

          b.     Multi-tenant buildings.

               (1)     One (1) sign for the purposes of identification may be erected for each tenant with direct access to the outside and with commercial road frontage, provided such sign is not more than sixteen (16) square feet in area, does not contain neon, flashing, moving or intermittent illumination and meets the requirements of other City ordinances.  Each tenant sign shall be separated by a minimum of eight (8) feet.  Each letter or element of signage shall be backlit individually or is to appear to be individually backlit.

               (2)     One (1) sign for the purposes of identification may be erected for each tenant with direct access to the outside and with either a primary side entrance or with residential road frontage, provided such sign is not more than twelve (12) square feet in area, does not contain neon, flashing, moving or intermittent illumination and meets the requirements of other City ordinances.  Each tenant sign shall be separated by a minimum of eight (8) feet.  Each letter or element of signage shall be backlit individually or is to appear to be individually backlit.

               (3)     One (1) sign for the purposes of identification may be erected for each tenant with direct access to the rear of the building, provided such sign is not more than two (2) square feet in area, does not contain neon, flashing, moving or intermittent illumination and meets the requirements of other City ordinances.  There shall be no lighting of this sign allowed.

     4.     All development, improvements and uses in this district shall comply with all applicable regulations contained in Article VIII, Site Design and Parking Requirements of this Code.  (R.O. 2005 §30-41; CC 1997 §30-41; Ord. No. 1863 §2, 11-3-93; Ord. No. 1872 §§2--3, 12-15-93; Ord. No. 1905 §§7--8, 5-18-94; Ord. No. 2248 §1, 5-6-98; Ord. No. 2481 §1, 2-6-02; Ord. No. 2932 §4, 2-4-09; Ord. No. 2942 §3, 5-20-09; Ord. No. 2948 §4, 7-15-09)

SECTION 400.280:     "C-2" GENERAL OFFICE ZONING DISTRICT

A.     Purpose.  The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "C-2" General Office Zoning District.  The provisions contained in this Section are applicable only to "C-2" General Office Zoning District uses unless specifically otherwise indicated. 

B.     Permitted Uses.

     1.     General office and medical office.

     2.     Public building--City.

     3.     Public park.

C.     Conditional Uses.

     1.     Alarm monitoring service.

     2.     Animal clinic/hospital/grooming (excluding kennels or stables).

     3.     Cell towers.

     4.     Church or other non-denominational place of worship.

     5.     Day care center.

     6.     Financial institution.

     7.     Hospital.

     8.     Liquor sales in conjunction with permitted uses and conditional uses.

     9.     Museum.

     10.     Nursing home facility.

     11.     Post office.

     12.     Private, civic, fraternal or charitable club.

     13.     Public building--other agency.

     14.     Recreation facility, public or private.

     15.     Retail sales.

     16.     Retirement complex.

     17.     School, college (other than public).

     18.     Utility facility or substation.

     19.     General office (including retail sales and outdoor storage).

D.     Accessory Uses.

     1.     Accessory uses customarily incidental to the above uses, located and operated only from within a principal structure, not exceeding ten thousand (10,000) square feet and consisting of no more than fifteen percent (15%) of the gross floor area may be operated in this zoning district.

     2.      Any building used primarily for any of the above enumerated purposes may have not more than twenty-five percent (25%) of the floor area devoted to storage purposes incidental to such primary use.

E.     Parking Requirements.  No motor vehicle licensed in excess of eighteen thousand (18,000) pounds gross vehicle weight may be parked in this zoning district with the exception of vehicles while making local deliveries.

F.     Area Requirements.

     1.     Minimum lot area.  One-half (½) acre (twenty-one thousand seven hundred eighty (21,780) square feet).

     2.     Minimum front building setback line.  Consistent with the residential setback on the subject street except those fronting on Manchester Road, Clarkson Road and Old State Road where the minimum front building setback line is to be one hundred ten (110) feet from the centerline of the road right-of-way.

     3.     Minimum width of side yard.  Ten (10) feet except on the side of a lot abutting a residential zoning district in which case there shall be a side yard of not less than twenty-five (25) feet.

     4.     Minimum depth rear yard.  Twenty-five (25) feet.  Landscaped buffer areas required by Section 400.480 may be within the rear yard.

     5.     Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, in no case shall the front yard depth be less than established for that street.

     6.     Building/structure height setback.  A building or structure shall be set back from the property line at least one (1) foot for each foot of height when abutting a residential zoning district or in conformance with other applicable provisions, whichever is greater.

G.     Height Requirements.

     1.     The maximum height for any structure in this district is two (2) stories or thirty (30) feet.  Any structure in excess of two (2) stories or thirty (30) feet will not be allowed except as a conditional use.

     2.     The maximum height of church and temple spires and steeples is seventy-five (75) feet, provided that the building is set back from all yard lines at least one (1) foot for each foot of height or in conformance with other applicable provisions, whichever is greater.

H.     Exterior Finish Requirements.

     1.     When a structure is constructed, enlarged or remodeled in this zoning district, such a structure shall be approved by the Architectural Review Board.

     2.     Any exterior construction material must be approved by a majority vote of the Architectural Review Board.  Presentation of construction materials shall include renderings, photos, blueprints and other graphic aids as may be required to define the appearance of the finished product as well as its durability as to exterior construction.

I.     Site Design Requirements.

     1.     All new construction within this zoning district shall require the dedication of road right-of-way or other improvements as prescribed by the City.

     2.     All development, improvements and uses in this district shall comply with all applicable regulations contained in Article VIII, Site Design and Parking Requirements of this Code.  (R.O. 2005 §30-42; CC 1997 §30-42; Ord. No. 1872 §§4--5, 12-15-93; Ord. No. 1905 §§9--10, 5-18-94; Ord. No. 2481 §2, 2-6-02; Ord. No. 2853 §§1--2, 11-7-07; Ord. No. 2932 §5, 2-4-09; Ord. No. 2942 §§4--5, 5-20-09; Ord. No. 2948 §4, 7-15-09)

SECTION 400.290:     "C-3" COMMERCIAL ZONING DISTRICT

A.     Purpose.  The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "C-3" Commercial Zoning District.  The provisions contained in this Section are applicable only to "C-3" Commercial Zoning District uses unless specifically otherwise indicated.

B.     Permitted Uses.  No permitted use shall exceed fifty thousand (50,000) square feet in gross floor area.  The following are permitted uses within this zoning district:

     1.     Aerobic exercise facility.

     2.     Alarm monitoring service.

     3.     Appliance/building component sales or service.

     4.     Auto parts and accessory shops.

     5.     Barbershop, beauty parlor and cosmetic services.

     6.     Bicycle sales and repair.

     7.     Bookstore/newsstand.

     8.     Business clerical service.

     9.     Card and gift shop.

     10.     Christmas tree lot as defined in Section 400.090.

     11.     Computer hardware, software and supplies.

     12.     Diet/nutrition center.

     13.     Dry cleaning/laundry/dyeing establishment and service.

     14.     Electronic/radio and television sales and service.

     15.     Eye care facility.

     16.     Fabric store.

     17.     Florist.

     18.     Food/beverage specialty shop.

     19.     General office and medical office.

     20.     Grocery store.

     21.     Hardware store.

     22.     Heating and cooling sales office (excluding component fabrication).

     23.     Hobby/arts and crafts store.

     24.     Home and office maintenance services.

     25.     Lawn and garden shop including equipment sales and service.

     26.     Massage therapy services--any method of massage is administered or supervised by a medical or chiropractic practitioner or by a professional physical or massage therapist licensed by the State of Missouri either in a spa or as an accessory use to a permitted use.

     27.     Mini-shop as defined in Section 400.090.

     28.     Musical instruments, sales and rental.

     29.     Outdoor dining without table service.

     30.     Pet shop.

     31.     Pharmacy.

     32.     Photography studio/film processing, photo sales and service.

     33.     Print shop--An establishment in which the principal business consists of duplicating and printing services using photocopy, blueprint or offset printing equipment, including publishing, binding and engraving.

     34.     Public building--City.

     35.     Restaurant, cafeteria, catering service.

     36.     Sales of wall or floor coverings, fixtures, furniture and upholstering.

     37.     Sales of wearing apparel/jewelry.

     38.     Shoe repair.

     39.     Sporting goods store.

     40.     Tailoring. 

     41.     Tanning, exercise facility.

     42.     Toy store.

     43.     Travel agency.

     44.     Video cassettes, rental and sales.

C.     Conditional Uses.

     1.     All permitted uses exceeding fifty thousand (50,000) square feet in gross floor area. 

     2.     Animal clinic/hospital/grooming (excluding kennels or stables).

     3.     Any retail sales business not set forth as a permitted use, exclusive of manufacturing or light industrial uses as determined by the Planning Director.

     4.     Cell towers.

     5.     Church or other non-denominational place of worship.

     6.     Convenience store.

     7.     Dance lesson studio.

     8.     Day care center.

     9.     Drive-through.

     10.     Fast-food restaurant.

     11.     Liquor sales in conjunction with permitted uses and conditional uses.

     12.     Microbrewery/winery boutique--An establishment where beer, ale or wine are produced and packaged for distribution, retail or wholesale, on or off premises limited to fifteen thousand (15,000) barrels per year for beer and ale and five thousand (5,000) cases per year for wine.

     13.     Mortuary.

     14.     Motor vehicle sales with or without ancillary rental or leasing.

     15.     Multi-tenant retail building.

     16.     Museum.

     17.     Outdoor dining with table service.

     18.     Post office.

     19.     Private, civic, fraternal or charitable club.

     20.     Recreation facility, public or private.

     21.     Rental or leasing of new motor vehicles.

     22.     School, college (other than public).

     23.     Shopping center.

     24.     Utility facility or substation.

D.     Accessory Uses.

     1.     Accessory buildings and uses customarily incidental to the above uses.

     2.     Any building used primarily for any of the above enumerated purposes may have not more than forty percent (40%) of the floor area devoted to storage purposes incidental to such primary use.

E.     Parking Requirements.

     1.     No motor vehicle licensed in excess of eighteen thousand (18,000) pounds gross vehicle weight may be parked or allowed to otherwise stand or idle in this zoning district unless said vehicle is owned, leased or controlled by the entity authorized to operate at the location where said vehicle is to be parked.  No trailer, storage or hauling portion of a truck or of any other motor vehicle may be parked or allowed to otherwise stand or operate in this zoning district unless said vehicle is owned, leased or controlled by the entity authorized to operate at the location where said vehicle is to be parked.

     2.     Service stations and public garages may maintain a wrecker when used exclusively for and in conjunction with service performed at the place of business for which they are licensed, but no part of any lot shall be used temporarily or permanently for the storage of vehicles unless authorized to do so by the Council.  There shall be no overnight storage of said vehicles or wreckers in front of the front building line, unless authorized by the Council.

F.     Area Requirements.

     1.     Minimum lot area.  One-half (½) acre (twenty-one thousand seven hundred eighty (21,780) square feet).

     2.     Minimum front building setback line.  One hundred ten (110) feet from the centerline of the road right-of-way.

     3.     Minimum width side yard.  Ten (10) feet, except on the side of a lot abutting a residential zoning district in which case there shall be a side yard of not less than twenty-five (25) feet.

     4.     Minimum depth rear yard.  Twenty-five (25) feet.  Landscaped buffer areas required by Section 400.480 may be within the rear yard.

     5.     Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot.  In no case shall the front yard depth be less than established for that street.

     6.     Building/structure height setback.  A building or structure shall be set back from the property line at least one (1) foot for each foot of height when abutting a residential zoning district or in conformance with other applicable provisions, whichever is greater.

     7.     Retirement complexes--minimum floor area.  There shall be the same minimum square feet of useable living area per unit as any multi-family dwelling, one thousand (1,000) square feet.

G.     Height Requirements.

     1.     The maximum height for any structure in this district is two (2) stories or thirty (30) feet.  Any structure in excess of two (2) stories or thirty (30) feet will not be allowed except as a conditional use.

     2.     The maximum height of church and temple spires and steeples is seventy-five (75) feet, provided that the building is set back from all yard lines at least one (1) foot for each foot of height or in conformance with applicable provisions, whichever is greater.

H.     Exterior Finish Requirements.

     1.     When a structure is constructed, enlarged or remodeled in this zoning district, such a structure shall be approved by the Architectural Review Board.

     2.     Any exterior wall construction material must be approved by a majority vote of the Architectural Review Board.  Presentation of alternative construction materials as provided by the Section shall include renderings, photos, blueprints and other graphic aids as may be required to define the appearance of the finished product as well as its durability as to exterior wall construction.

I.     Site Design Requirements.

     1.     All new construction within this zoning district shall require the dedication of road right-of-way or other improvements as prescribed by the City.

     2.     All development, improvements and uses in this district shall comply with all applicable regulations contained in Article VIII, Site Design and Parking Requirements of this Code.  (R.O. 2005 §30-43; CC 1997 §30-43; Ord. No. 1872 §§6--7, 12-15-93; Ord. No. 1905 §§11--12, 5-18-94; Ord. No. 2138 §1, 2-5-97; Ord. No. 2266 §3, 7-1-98; Ord. No. 2481 §3, 2-6-02; Ord. No. 2541 §1, 2-5-03; Ord. No. 2932 §6, 2-4-09; Ord. No. 2948 §4, 7-15-09)

SECTION 400.300:     "C-4" ELLISVILLE BUSINESS PARK ZONING DISTRICT

A.     Purpose.  The regulations set forth in this Section or set forth elsewhere in the Chapter, when referred to in this Section, are the regulations in the "C-4" Ellisville Business Park Zoning District and are designed to maintain an established Business Park zoning classification as conforming for purposes of Section 400.120 with all site specific development plans and regulations.

B.     Applicability Of Provisions Of This Section.  The provisions of this Section are contained in Ordinance Numbers 1082, 1173, 1175, 1350, 1384 and 1461 with the exception of enumerated permitted and conditional uses and numbers thereof, as amended, in any of the aforesaid ordinances.  In the event of a conflict with this Section or other provisions of this Chapter, the site specific provisions of Ordinance Numbers 1082, 1173, 1175, 1350, 1384 and 1461 shall control and prevail any inconsistent provision in this Chapter with the exception of application requirements, development procedures and permitted or conditional uses enumerated in this Section, Chapter and Code.

C.     Permitted Uses.

     1.     General office and medical office.

     2.     Massage therapy services--Any method of massage is administered or supervised by a medical or chiropractic practitioner or by a professional physical or massage therapist licensed by the State of Missouri either in a spa or as an accessory use to a permitted use.

     3.     Mini-shop as defined in Section 400.090.

     4.     Municipal open air market.

     5.     Outdoor dining without table service.

     6.     Public building--City.

     7.     Restaurant, cafeteria, catering service.

     8.     Sporting goods store.

     9.     Toy store.

D.     Conditional Uses.

     1.     Alarm monitoring service.

     2.     Animal clinic/hospital/grooming (excluding kennels or stables).

     3.     Any retail sales business not set forth as a permitted use, exclusive of manufacturing or light industrial uses as determined by the Planning Director.

     4.     Cell towers.

     5.     Church or other non-denominational place of worship.

     6.     Circus.

     7.     Drive-through.

     8.     Florist.

     9.     Food/beverage specialty shop.

     10.     Grocery store.

     11.     Liquor sales in conjunction with permitted uses and conditional uses.

     12.     Microbrewery/winery boutique--An establishment where beer, ale or wine are produced and packaged for distribution, retail or wholesale, on or off premises limited to fifteen thousand (15,000) barrels per year for beer and ale and five thousand (5,000) cases per year for wine.

     13.     Motor vehicle sales with or without ancillary rental or leasing.

     14.     Multi-tenant retail building.

     15.     Museum.

     16.     Outdoor dining with table service.

     17.     Post office.

     18.     Private, civic, fraternal or charitable club.

     19.     Recreation facility, public or private.

     20.     Retail sales.

     21.     School, college (other than public).

     22.     Shopping center.

     23.     Utility facility or substation.

     E.     Height Requirements.  No building or structure shall exceed three (3) stories or fifty-five (55) feet in height; this being in compliance with the Metro West Fire Protection District's regulations and requirements, except for those structures within five hundred (500) feet of the Sunnyridge Subdivision which shall not exceed one (1) story or twenty (20) feet in height.

F.     Area Requirements.

     1.     The total area occupied by any building or storage area shall not cover more than seventy percent (70%) of the lot or tract on which same is erected or maintained.

     2.     There shall be no open storage of any products or inventory, except as permitted pursuant to Section 400.420(E)(2).

     3.     Minimum lot frontage for lots proposed shall be one hundred (100) feet and a minimum depth of one hundred fifty (150) feet.  Irregular shaped lots may deviate from these requirements provided the intent of this Section shall be satisfied.

     4.     Front yard.  No structure or part of a structure shall be erected within thirty (30) feet of any public or private roadway right-of-way line.

     5.     Side yard.  No structure or part of a structure shall be erected within twenty (20) feet of a side lot line or within one hundred (100) feet of a side lot line which adjoins a residential area.

     6.     Rear yard.  No structure or part of a structure shall be erected within twenty-five (25) feet of a rear lot line or within one hundred (100) feet of a rear lot line adjoining a residential area.

     7.     No structures or part of a structure shall be erected within one hundred (100) feet of any residential property.

     8.     No structures or part of a structure shall be erected within three hundred (300) feet of the Sunnyridge Subdivision unless Subsection (F)(7) above is more restrictive.

     9.     A minimum of fifty (50) feet of the above buffer zones shall be planted with shade trees having a minimum diameter of six (6) inches at their base and spaced no more than twenty-five (25) feet apart.  These trees shall be of the species listed in Section 405.420 of this Code.  With regard to the area of property bordering residential property located in the City along the north property line of the area, the buffer zone requirement shall be as described above, but with the inclusion of an earthen berm fifteen (15) feet in height, with provisions for the natural flow of storm water and with the option of providing comparably sized evergreen trees at suitable spacing subject to the specific approval of the Council after review of a landscape drawing adequately describing the proposed buffer.  The buffer shall be continuous along this property line, unless the Council chooses to allow piecemeal development of the area.

G.     Parking Requirements.  Off-street parking and loading requirements shall be in accordance with Section 400.490.

H.     Signs And Advertising Devices.  Specific sign regulations for this planned business park district shall be the same as those contained in Chapter 410, Signs and Advertising Devices of this Code, except that one (1) entrance monument-type sign may be provided for each street entrance into an approved development.  This sign shall identify the development by generic or specific title.  This entrance signage may not be used to identify each tenant in a "strip" shopping area other than such area located on the street from which the access to the development is located.

I.     Construction Materials.  Materials selected for wall, floor and roof construction shall comply with provisions of the City Building Code.  Any exterior construction material must be approved by a majority vote of the Architectural Review Board.  Presentation of construction materials shall include renderings, photos, blueprints and other graphic aids as may be required to define the appearance of the finished product as well as its durability as to exterior construction.

J.     Performance Standards.  All uses within this district shall be subject to and governed by the provisions of Section 400.170 of this Chapter.

K.     Construction To Comply With Building Code.  Any construction within this planned business park district shall be in conformity with the Building Code of the City.

L.     Construction Fees.  All construction fees as set out in this Code shall be applicable to this planned business park district.

M.     Trash Containers.  Any trash containers located anywhere within this planned business park district shall be enclosed by brick enclosures and be sightproof with sightproof gates.

N.     Rooftop Machinery.  No air conditioners or other mechanical devices which generate noise shall be placed on the roof of any structure within the planned business park district unless the units are completely buffered by an extension of the building roof line or buffered enclosure to reduce the noise emitted from said machinery.

O.     Creek Bank Stabilization.  Developers shall incorporate creek bank stabilization as necessary along the banks of Caulks Creek with the goal of preventing undue storm water erosion.  Such stabilization shall be approved by the City Planner.  (R.O. 2005 §30-45; CC 1997 §30-45; Ord. No. 1905 §16, 5-18-94; Ord. No. 2266 §5, 7-1-98; Ord. No. 2481 §5, 2-6-02; Ord. No. 2932 §7, 2-4-09; Ord. No. 2948 §4, 7-15-09)

SECTION 400.310:     "C-5" PLANNED COMMERCIAL DISTRICT

A.     Purpose.  This Section contains the district regulations of the "C-5" Planned Commercial District.  These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.  The Planned Commercial District may be described in the manner outlined below.  The "C-5" Planned Commercial District encompasses areas where developments and uses authorized in any of the other "C" Commercial Districts may be located.  It is the purpose of these regulations to facilitate the establishment of combinations of developments and uses for which no provision is made in any other single "C" Commercial District or the establishment of developments and uses in locations appropriate under approved site plans and conditions.  Such approved plans and conditions shall be consistent with good planning practice and compatible with permitted developments and uses in adjoining districts, so as to protect the general welfare.  Development and uses authorized in any Planned Commercial District will be based on guidance from the land use element narrative and land use plan contained in the Ellisville Comprehensive Plan adopted December 9, 1998 and as amended.

B.     Establishment.

     1.     A "C-5" Planned Commercial District may be established on a tract of land in single ownership or management control provided that:

          a.     The tract of land is not within the "C-4" Ellisville Business Park Zoning District;

          b.     The preliminary development plan and the application for change of zoning are approved by the Council;

          c.     A site development plan is approved by the Planning and Zoning Commission and recorded in compliance with requirements of this Section; and

          d.     The schedule of construction is complied with in accordance with the requirements of this Section.

     2.     A "C-5" Planned Commercial District may be established by ordinance of the Council in the same manner that other mapped districts are established where the Council determines that any particular tracts or areas should be developed for commercial use, but because of possible conflicts with adjoining uses, more development control is necessary to protect the general welfare than is possible under the regulations of the other "C" Commercial Districts.

C.     Permitted Uses.  The following land uses and developments are permitted in this district:

     1.     Subject only to approval of a site development plan by the Planning and Zoning Commission.

          a.     General office and medical office.

          b.     Public building--City.

          c.     Public park.

     2.     Authorized land uses and developments shall be established in the conditions of the ordinance governing the particular Planned Commercial District; specific uses may include those uses designated as permitted, accessory or conditional uses in any of the "C" Commercial Districts.

D.     Performance Standards.  All uses established in a Planned Commercial District shall operate in accord with "performance standards" as contained in Section 400.170.  These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance governing the particular Planned Commercial District.

E.     Height Requirements.  The total height of any structure shall be limited to thirty (30) feet unless higher heights are conditioned with additional setback requirements as set out in the ordinance governing the particular Planned Commercial District.

F.     Area Requirements.  The lot area, development limitation and yard requirements for land uses in this district shall be as follows:

     1.     Minimum lot area.  No minimum lot area shall be required for this district, but lot dimensions shall be sufficient to meet other requirements set forth in this Section or in the conditions of the ordinance governing the particular Planned Commercial District.

     2.     Development limitations.  Not more than one (1) dwelling unit per each twelve thousand (12,000) square feet of lot area designated for such use shall be permitted in structures containing offices with affiliated dwelling units.

     3.     Minimum yard requirements--general.  Setbacks for parking areas, internal drives, loading spaces and structures shall be established in the conditions of the ordinance governing the particular Planned Commercial District.

     4.     Particular yard requirements.

          a.     No parking area, internal drive, loading space or structure shall be permitted within thirty-five (35) feet of a property line adjoining property in the residential district.  Said thirty-five (35) feet shall constitute a "no build zone".  In addition to the minimum thirty-five (35) feet, any structure exceeding thirty (30) feet in height which adjoins property in the residential district shall be set back an additional one (1) foot for every two (2) feet in height above thirty (30) feet.  Greater setbacks may be required by condition if necessary to ensure compatibility with adjoining developments or uses.

          b.     Boundary walls or fences, six (6) feet in height or less, are permitted within the minimum yard requirements, unless otherwise restricted in the conditions of the ordinance governing the particular Planned Commercial District.

G.     Off-Street Parking And Loading Requirements.  The minimum off-street parking and loading requirements for any use or building in a Planned Commercial District shall not be reduced below that required for the same use in any other "C" Commercial District as set forth in Section 400.490, Parking and Loading Requirements.  These requirements may exceed minimum standards as required by condition where determined necessary.

H.     Sign Regulations.  Specific sign regulations shall be established in the conditions of the ordinance governing the Planned Commercial District in accord with the provisions of Chapter 410, Sign and Advertising Devices.  However, in no instance shall these requirements be less restrictive than sign regulations for any of the other "C" Commercial Districts.

I.     Procedure For Establishment Of "C-5" Or Approval Of Site Plan In Existing "C-5".  In order to establish a "C-5" Planned Commercial District through a change of zoning or to obtain approval of a site development plan in order to utilize land in an established Planned Commercial District, the procedure shall be as follows:

     1.     Application.  The owner or owners of record or owners under contract of a lot or tract of land or their authorized representatives shall petition the Council on forms prescribed for this purpose.  These forms are to be submitted to the City Planner and accompanied by the following:

          a.     Filing fee per requirements;

          b.     Legal description of the property;

          c.     Outboundary plat of the property;

          d.     Preliminary development plan depicting, but not limited to, the following:

               (1)     Proposed uses.  In single-lot developments approximate location of buildings and other structures as well as parking areas shall be indicated.  In multiple-lot developments, conceptual location and configuration of buildings, approximate locations of common ground areas, major utility easements and storm water retention areas shall be indicated.

               (2)     Existing and proposed contours at vertical intervals of not more than five (5) feet referred to sea level datum.  Floodplain areas shall be delineated.

               (3)     Approximate location of all isolated trees having a trunk diameter of six (6) inches or more, all tree masses and proposed landscaping.

               (4)     Two (2) section profiles through the site showing preliminary building form, existing natural grade and proposed final grade.

               (5)     Proposed ingress and egress to the site, including adjacent streets and approximate alignments of internal roadway systems.

               (6)     Preliminary plan for sanitation and drainage facilities.

     2.     Planning and Zoning Commission recommendation.  No action shall be taken by the Council with respect to the petition until it has received the recommendation of the Planning and Zoning Commission.  The recommendation shall address general planning considerations, including consistency with good planning practice and compatibility with adjoining permitted developments and uses.  A recommendation of approval shall include recommended conditions to be included in the ordinance authorizing the establishment of the Planned Commercial District or approval of the site development plan in a Planned Commercial District.  Such conditions shall include, but not be limited to, the following:

          a.     Permitted uses, including maximum floor area;

          b.     Performance standards;

          c.     Height limitations;

          d.     Minimum yard requirements;

          e.     Off-street parking and loading requirements;

          f.     Sign regulations;

          g.     Minimum requirements for site development plans;

          h.     Time limitations for commencement of construction.

     3.     Site development plans.

          a.     A public hearing on the petition shall be held by the Council in accordance with the provisions of Section 400.180, Zone Changes.  After passage by the Council of an ordinance authorizing the establishment of a Planned Commercial District and requiring submission of a site development plan or site development concept plan, such plans shall be submitted in accord with the following provisions.  No building permits or authorization for improvement or development for any use requested under provisions of this Chapter shall be issued prior to approval of such plans.

          b.     Plans shall be submitted to the Planning and Zoning Commission for review and approval. These plans shall contain the minimum requirements established in the conditions of the specific ordinance governing the Planned Commercial District and, further, shall comply with provisions of the subdivision ordinance and other applicable City ordinances.

          c.     Within sixty (60) days of approval, the site development plan or site development concept plan shall be recorded with the St. Louis County Recorder of Deeds and thereby authorize development as depicted thereon.

          d.     In the case of single-lot/multiple building developments or multiple-lot developments where a site development concept plan is required, site development section plans shall be submitted to the City Planner for review and approval per individual building, lot, phase or plat representing a portion of the site development concept plan.  The approved section plans shall be retained on file by the City Planner.

J.     Procedure For Amendment Of Conditions Or Plans.  In order to amend the provisions of an existing "C-5" District ordinance or to amend the recorded site development plan, site development concept plan or site development section plan approved for the Planned Commercial District, the procedure shall be as follows:

     1.     The property owner or authorized representative shall submit a written request to amend ordinance conditions or to amend the recorded site development plan or site development concept plan or site development section plan approved for the Planned Commercial District to the City Planner for review.

     2.     Upon receipt of the City Planner's review, the Planning and Zoning Commission shall conduct a public hearing on the proposed amendment in accord with proceedings specified in Section 400.180, Zone Changes to the zoning ordinance.  The Planning and Zoning Commission shall then review the proposed ordinance amendment and forward a recommendation to the Council.

     3.     The Council will make the final determination of the matter after conducting a public hearing.

     4.     All amendments to site development concept plans shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Council approval.

K.     Guarantee Of Improvements.  Unless otherwise provided for in the conditions of the ordinance governing a particular Planned Commercial District, no building permits or permits authorizing the occupancy or use of a building, facility, commercial establishment or service concern may be issued until required related off-site improvements are constructed or a performance bond, escrow or other acceptable instrument is posted covering their estimated cost as determined by the City Planner.  This requirement shall not apply to foundation permits or permits necessary for the installation of required related off-site improvements.  Required related off-site improvements shall include, but not be limited to, streets, sidewalks, sanitary and storm sewers, street lights and street trees.  If a Planned Commercial District is developed in sections, the requirement shall also apply to all major improvements necessary to the proper operation and function of the section in question, even though such improvements may be located outside of the section in question.

L.     Failure To Commence Construction.  Substantial construction shall commence within the time period specified in the conditions of the ordinance governing the Planned Commercial District, unless such time period is extended by the Planning and Zoning Commission.  "Substantial construction" is defined as the completion of excavation for footings and foundations.  If substantial construction or development does not begin within the time period specified in the conditions of the ordinance governing the district or extensions authorized therein, the Planning and Zoning Commission shall within forty-five (45) days call for a new public hearing to revert the property to its prior zoning classification in accord with proceedings specified in Section 400.180, Zone Changes to the zoning ordinance.  No building or occupancy permit shall be issued for the development or use of the property until completion of action by the Council on the proceedings to rezone the property in accord with the provisions of the above noted Section.  (R.O. 2005 §30-47; Ord. No. 2313 §1, 4-21-99; Ord. No. 2481 §6, 2-6-02; Ord. No. 2932 §8, 2-4-09; Ord. No. 2948 §4, 7-15-09)

ARTICLE VI.  LIGHT INDUSTRIAL ZONING DISTRICT

SECTION 400.320:     "M-1" LIGHT INDUSTRIAL ZONING DISTRICT

A.     Purpose.  The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "M-1" Light Industrial Zoning District.  The purpose of this district is to provide for industrial development of integrated design in appropriate locations to serve the community.  Such development shall be laid out as a unit according to an approved plan as provided by one (1) of the procedures established to accomplish such purpose.  The provisions contained in this Section are applicable only to "M-1" Light Industrial Zoning District uses unless specifically otherwise indicated.

B.     Permitted Uses.

     1.     Aerobic exercise facility.

     2.     Alarm monitoring service.

     3.     Appliance/building component sales or service.

     4.     Auto parts and accessory shops.

     5.     Barbershop, beauty parlor and cosmetic services.

     6.     Bicycle sales and repair.

     7.     Bookstore/newsstand.

     8.     Bottling and packaging works.

     9.     Building component sales and fabrication.

     10.     Buildings and yards for contractor's business, equipment, materials and supplies.

     11.     Business clerical service.

     12.     Business, professional and technical training.

     13.     Card and gift shop.

     14.     Computer hardware, software and supplies.

     15.     Convenience store.

     16.     Dance lesson studio.

     17.     Diet/nutrition center.

     18.     Dry cleaning/laundry/dyeing establishment and service.

     19.     Electronic/radio and television sales and service.

     20.     Eye care facility.

     21.     Fabric store.

     22.     Facility for repair of major or minor appliances, personal articles or furniture, excluding furniture stripping.

     23.     Florist.

     24.     Food/beverage specialty shop.

     25.     Gasoline/service station.

     26.     General office and medical office.

     27.     Grocery store.

     28.     Gymnasium, indoor swimming pool, indoor public or private handball, squash and racquetball courts and indoor and unlighted outdoor public or private tennis courts.

     29.     Hardware store.

     30.     Heating and cooling sales office (excluding component fabrication).

     31.     Hobby/arts and crafts store.

     32.     Home and office maintenance services.

     33.     Hotel/motel.

     34.     Lawn and garden shop including equipment sales and service.

     35.     Manufacturing, fabrication, assembly, processing or packaging of any commodity from semi-finished materials, except explosives or flammable gases or liquids.

     36.     Mini-shop as defined in Section 400.090.

     37.     Municipal open air market.

     38.     Musical instruments, sales and rental.

     39.     Nursery/greenhouse.

     40.     Outdoor dining without table service.

     41.     Parking lot/garage.

     42.     Pet shop.

     43.     Pharmacy.

     44.     Photography studio/film processing, photo sales and service.

     45.     Print shop--An establishment in which the principal business consists of duplicating and printing services using photocopy, blueprint or offset printing equipment, including publishing, binding and engraving.

     46.     Public building--City.

     47.     Public park.

     48.     Research laboratory/facility.

     49.     Restaurant, cafeteria, catering service.

     50.     Retail sales.

     51.     Sales of wall or floor coverings, fixtures, furniture and upholstering.

     52.     Sales of wearing apparel/jewelry.

     53.     Sales, renting or repair of equipment and vehicles used by business, individuals, industry and agriculture, excluding the wholesale or retail sale or repair of new or used automobiles and passenger vans.

     54.     School.

     55.     Shoe repair.

     56.     Sporting goods store.

     57.     Tailoring.

     58.     Tanning, exercise facility.

     59.     Toy store.

     60.     Travel agency.

     61.     Trucking terminal.

     62.     Utility facility or substation.

     63.     Video cassettes, rental and sales.

     64.     Warehousing or wholesaling of manufactured goods, except explosives or flammable liquids.

     65.     Wholesale bakery.

C.     Conditional Uses.

     1.     Adult entertainment businesses or establishments.

     2.     All permitted uses exceeding fifty thousand (50,000) square feet in gross floor area.

     3.     Animal clinic/hospital/grooming (excluding kennels or stables).

     4.     Any retail sales business not set forth as a permitted use, exclusive of manufacturing or light industrial uses as determined by the Planning Director.

     5.     Cell towers.

     6.     Check-cashing/short-term loan establishment.

     7.     Church or other non-denominational place of worship.

     8.     Day care center.

     9.     Drive-through.

     10.     Financial institution.

     11.     Firearms sales establishment.

     12.     Firing/shooting range.

     13.     Hospital.

     14.     Liquor sales in conjunction with permitted uses and conditional uses.

     15.     Multi-tenant retail building.

     16.     Museum.

     17.     Nursing home facility.

     18.     Outdoor dining with table service.

     19.     Post office.

     20.     Private, civic, fraternal or charitable club.

     21.     Recreation facility, public or private.

     22.     Retirement complex.

     23.     School, college (other than public).

     24.     Shopping center.

D.     Accessory Uses.

     1.     Accessory buildings and uses customarily incidental to the above uses.

     2.     No materials or supplies shall be stored or permitted to remain on any part of the property outside the buildings constructed thereon, unless such materials are stored behind the building lines and the area in which they are stored is screened from the street view and approved in writing by the City Planner.  Fuel oil storage tanks as part of the heating equipment of any establishment shall be permitted only if located underground.  Bulk storage of all liquids, including gasoline or petroleum products on the outside of buildings, shall not be permitted.

E.     Parking Requirements.  No motor vehicle licensed in excess of eighteen thousand (18,000) pounds gross vehicle weight may be parked or allowed to otherwise stand or idle in this zoning district unless said vehicle is owned, leased or controlled by the entity authorized to operate at the location where said vehicle is to be parked.  No trailer, storage or hauling portion of a truck or of any other motor vehicle may be parked or allowed to otherwise stand or operate in this zoning district unless said vehicle is owned, leased or controlled by the entity authorized to operate at the location where said vehicle is to be parked.

     4.     Minimum depth of rear yard.  Fifteen (15) feet, except on the rear of a lot abutting a residential zoning district where there shall be a rear yard of not less than one hundred fifty (150) feet or in conformance with Subsection (F)(4) whichever is greater.  Landscaped buffer areas required by Section 400.480 may be located within the rear yard.

     5.     Total setback.  All buildings shall be set back from all property lines a distance not less than equal to the height of the structure.

     6.     Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot.  In no case shall the front yard depth be less than established for that street.

     7.     Where lots have a double frontage, the required front yard shall be provided on both streets.

     8.     Building/structure height setback.  A building or structure shall be set back from the rear yard line at least one (1) foot for each foot of height when abutting a residential zoning district or in conformance with other area requirements contained in this Subsection, whichever is greater.

G.     Height Requirements.

     1.     The maximum height for any structure in this district is two (2) stories or thirty (30) feet.  Any structure in excess of two (2) stories or thirty (30) feet will not be allowed except as a conditional use.

     2.     The maximum height of church and temple spires and steeples is seventy-five (75) feet, provided that the building is set back from all yard lines at least one (1) foot for each foot of height or in conformance with Subsection (F), whichever is greater.

H.     Site Design Requirements.

     1.     A planned district light industrial development shall be designed as a whole, unified single project in compliance with the requirements of this Chapter and if built in stages, each shall conform with the approved plan.

     2.     Any part of the project area not used for buildings or other structures or for parking, loading or access ways shall be landscaped with grass, ground cover, trees, shrubs and pedestrian walks.

     3.     Continuing maintenance of all required screen plantings, as shown on the approved plan, shall be a requisite of conformance for the "M-1" Light Industrial Zoning District.

     4.     One (1) monument sign with identification of a planned district light industrial development may be erected into the approved development in conformance with regulation contained within Chapter 410, Signs and Advertising Devices of this Code.  Signs may be lighted or unlighted but shall not contain flashing, moving or intermittent illumination.

     5.     All development, improvements and uses in this district shall comply with all applicable regulations contained in Article VIII, Site Design and Parking Requirements of this Code.   (R.O. 2005 §30-56; CC 1997 §30-56; Ord. No. 2266 §6, 7-1-98; Ord. No. 2481 §7, 2-6-02; Ord. No. 2751 §2, 3-1-06; Ord. No. 2932 §9, 2-4-09; Ord. No. 2948 §§3--4, 7-15-09)

ARTICLE VII.  SUPPLEMENTAL REGULATIONS

SECTION 400.330:     RESTRICTIONS ON ADULT USES

In addition to all other pertinent and applicable regulations, the following special conditions shall apply to adult entertainment businesses and establishments:

     1.     No adult entertainment business or establishment shall be permitted within seven hundred fifty (750) feet of any property zoned and/or used for residential, eleemosynary, religious, school, or public use, or within three hundred (300) feet of the right-of-way line of Manchester Road. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the establishment to the closest point on any property line of the eleemosynary use, religious institution, school, public building or public park or to the right-of-way line of Manchester Road.

     2.     No adult entertainment business or establishment shall be allowed to locate or expand within seven hundred fifty (750) feet of any other such business or establishment or of any business licensed to sell or serve alcoholic beverages, whether or not such business is also an establishment as defined in this Section.  The distance between any two (2) adult entertainment businesses or establishments or between such a business or establishment and a business selling or serving alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest exterior structural wall of each business.

     3.     All access to and from an adult entertainment business or establishment shall be provided from a street classified as a public right-of-way.

     4.     The property on which an adult entertainment business or establishment is located shall have a minimum of one hundred (100) feet of frontage on a public right-of-way.

     5.     Setback requirements shall be pursuant to Section 400.320(F) of the City Code.

     6.     Off-street parking shall be provided pursuant to the City Code.

     7.     All landscaping and screening requirements otherwise required by the Ellisville City Code shall be observed.

     8.     The facility in which an adult entertainment business or establishment is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian, sidewalk, walkway, street, or other public area.  No activity allowed in the facility shall take place either partially or totally outside the facility.

     9.     Signage for a facility in which an adult entertainment business or establishment is located shall be pursuant to Chapter 410 of the City Code as it pertains to adult entertainment business or establishment.

     10.     The facility in which an adult entertainment business or establishment is located shall be designed in such a fashion that the activity allowed in the facility shall not take place in any closed room, booth, cubicle, or stall but shall be visible from a common area of the facility and shall not be blocked or obscured by doors, curtains, drapes or any other visual obstruction.

     11.     Ventilation and sanitation requirements.  The premises of all adult entertainment businesses shall be kept in a sanitary condition.  Separate and enclosed employee dressing rooms and restrooms for men and women shall be required and at all times be maintained and kept in a sanitary condition.

     12.     Lighting of the parking area shall conform to the requirements of the City Code.  (Ord. No. 2751 §3, 3-1-06)

SECTION 400.340:     STORM AND WASTE WATER FACILITIES

A.     The developments shall be governed in all respects by storm and waste water provisions as set forth by current Metropolitan Sewer District (MSD), Missouri State Highway Department (MSHD) and Environmental Protection Agency (EPA) regulations and Chapter 405 of the Municipal Code of the City of Ellisville.

B.     Where an approved sanitary sewer system is not within a reasonably accessible location to the development, alternate provisions shall be made and submitted to provide adequate sanitary treatment in accordance with State of Missouri regulations and St. Louis County and Ellisville Departments of Public Works.  (R.O. 2005 §30-71; CC 1997 §30-71)

SECTION 400.350:     AREA LIGHTING

Any lights used to illuminate a parking area shall be so arranged and/or shielded as to minimize the intrusion of light or glare onto adjoining residential property and streets and to provide a minimum of one (1) foot-candle of lighting at all places within the parking borders.  (R.O. 2005 §30-72; CC 1997 §30-72)

SECTION 400.360:     FENCES AND WALLS

A.     Fences as defined in Section 400.090 may be located in a residential zoning district in compliance with the following:

     1.     All fences must have a permit.  Applications for a fence permit must be accompanied by a plot plan of the property indicating the location of the fence on the lot.

     2.     Fences cannot exceed six (6) feet in height, with the exception of hedges and shrubs which do not have a height restriction.

     3.     No fencing can be built forward of the front building line except as provided below.

     4.     On double frontage lots (corner lots or lots with a street abutting a rear property line) no fence can be built forward of the building lines abutting a street without the approval of the Architectural Review Board.  Said approval shall only be given after consideration of the following:

          a.     Fences shall not impede the view of any intersection and shall not be constructed within twenty-five (25) feet of the street intersection.  Under no circumstances may a fence on a corner lot be located within six (6) feet of the right-of-way.

          b.     If a fence extending beyond building lines is to abut the front yard of a residentially used property, said fence shall be decorative or ornamental and shall be restricted to four (4) feet in height and shall be at least fifty percent (50%) open, except for stone or brick walls which shall not exceed three (3) feet in height.  Chain link fences, wire fences, wire mesh fences, snow fences or fences constructed in any part with such materials shall not be considered decorative or ornamental.

          c.     The finished side of the fence shall face outward for that portion of the fence facing the street(s) and/or adjacent property.

          d.     The Architectural Review Board shall make the determination that the material and style of the fence embellish, enhances or adds to the attractiveness of the building and site and is harmonious with the adjacent buildings, landscaping and other fences and does not diminish their attractiveness. 

B.     Fences abutting a residential zoning district from a commercial or light industrial zoning district shall be "sightproof" and shall be six (6) feet in height or a height as required by the Council.

C.     An open chain link fence enclosing an elementary school, high school, utility or pump station or where abutting commercial property is required and said fence must be six (6) feet in height.

D.     A building permit is required for construction of all decorative walls and retaining walls.

E.     The erection of concertina, barbed wire, electrified or other fencing or fencing materials deemed harmful to humans is prohibited in all zoning districts.  (R.O. 2005 §30-73; CC 1997 §30-73; Ord. No. 2214 §1, 12-3-97)

SECTION 400.370:     SIDEWALKS

A.     All new construction, expansion or enlarging in any commercial or industrial zoning district shall include construction and maintenance of a concrete sidewalk of at least four (4) feet in width and five (5) inches in thickness the entire length of the lot or development along the streets upon which the new construction abuts, with exception of driveways which shall have a minimum of six (6) inches of concrete thickness.

B.     The building permit, use permit or planned district development grantee shall install and maintain a concrete sidewalk as set forth, unless the Council deems it unreasonable or unsafe to install said sidewalk.  In such a case, the Council may direct that a sum equal or commensurate to the cost of installing a sidewalk at the subject location be paid to the City which shall be placed into a segregated fund of the City to be used for the purposes of sidewalks.

C.     The owners or occupiers of said property shall maintain said sidewalks in a safe condition for pedestrian traffic at all times.

D.     All new construction, expansion or enlarging in any commercial or industrial zoning district shall include construction and maintenance of curbs and gutters as directed by City Engineer. (R.O. 2005 §30-74; CC 1997 §30-74; Ord. No. 2145 §1, 2-5-97)

SECTIONS 400.380--400.390:  RESERVED

          Editor's Note--Ord. no. 2864 §1, adopted December 19, 2007, repealed sections 400.380 "trash enclosures" and 400.390 "flag and flagpole standards" in their entirety.  Former sections 400.380--400.390 derived from R.O. 2005 §§30-75--30-76; CC 1997 §§30-75--30-76; ord. no. 2144 §1, 2-5-97; ord. no. 2514 §1, 7-17-02.  This information is now contained in ch. 505 "property maintenance code", section 505.150 of this code.  At the editor's discretion, these sections were reserved for the city's future use.

SECTION 400.400:     SITE IMPROVEMENT MAINTENANCE

A.     The owner (or operator as applicable) shall maintain site improvements set forth in Sections 400.340--400.390 and 400.480--400.490 in a safe condition functioning in the manner in which the improvement was intended.

B.     If the owner (or operator as applicable) fails to maintain serviceability of subject improvements, the City may cause defects to be remedied and all direct and third (3rd) party costs associated with said remedy shall be considered a lien on the subject property until such costs are paid to the City.  (R.O. 2005 §30-77; CC 1997 §30-77)

SECTION 400.405--400.407:  RESERVED

          Editor's Note--Ord. no. 2864 §1, adopted December 19, 2007, repealed sections 400.405 "parking in front yards in residential zoning districts" and 400.407 "boats, trailers and campers" in their entirety.  Former sections 400.405--400.407 derived from R.O. 2005 §§26-280, 26-299; CC 1997 §§26-280, 26-299; ord. no. 2085 §1, 6-19-96.  This information is now contained in ch. 505, "property maintenance code", section 505.150 of this code.  At the editor's discretion, these sections were reserved for the city's future use. 

SECTION 400.410:     MISCELLANEOUS PROVISIONS

A.     Radio or television towers, water tanks and other necessary appurtenances shall be set back from all yard lines at least one (1) foot for each foot of height.

B.     Reserved.

C.     With the exception of new and used motor vehicle sales facilities, motor vehicles may not be displayed or advertised for sale in "C-1", "C-2", "C-3", "C-4" or "M-1" zoning districts.

D.     Motor vehicles may not be displayed or advertised for sale unless said vehicle is non-commercial and is owned by the owner of the premises on which same is displayed or advertised for sale in Open Space, "R-1" and "R-2" Residential Zoning Districts.

E.     Temporary Structures.  Only temporary structures, as set forth below, which are to be used in connection with the development and sale of a tract of land may be erected or located on said tract prior to and may remain thereon during the construction or development period.

     1.     Temporary buildings or trailers may be used as construction offices, field office or for storage of materials to be used in connection with the commercial or residential development of a tract of land, provided that said temporary structures are approved by the City Engineer and are removed from said tract within thirty (30) days after completion of the project development

     2.     Temporary real estate offices or sales offices may be established in a display dwelling unit or temporary structure, provided that said temporary structure is approved by the Architectural Review Board.

     3.     No temporary buildings or trailers shall at any time be located closer than twenty-five (25) feet to a property line of any adjacent property, notwithstanding the required setbacks of the zoning district in which such temporary building or trailer is located.

F.     No construction equipment shall at any time be stored closer than one hundred (100) feet to an occupied residential lot.

G.     In this Subsection, the word "litter" means and includes garbage, trash, refuse, junk, brush, inoperative machinery or partial, damaged or discarded construction materials or other waste material.

     1.     No person(s) shall place, throw, deposit, keep, maintain or permit litter on any public or private property or vacant or occupied property, whether owned by such person or not.

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

H.     Upon construction or change in ownership, all commercial uses shall provide commercial duty bicycle rack(s) in accordance with the following:

SECTION 400.420:     MOTOR VEHICLE SALES WITH OR WITHOUT ANCILLARY RENTAL OR LEASING

A.     Definition.  As used in this Section, the following term shall have the prescribed meaning: 

     MOTOR VEHICLE SALES:  The use of any building, land area or other premises or portion thereof for the display or sale of new automobiles, light duty trucks or vans, sport utility vehicles not over two (2) ton capacity.  Sales, rental or leasing of used vehicles as a principal use is prohibited. 

Unless specifically set out below, all requirements regarding building, area, setback, buffers, site design, etc., shall be in conformance with zoning district.

B.     Permitted Ancillary Uses. 

     1.     Any repair work, body and fender work, painting, towing and other repair services conducted as an accessory use, excluding any and all activities relating to an auto salvage operation.

     2.     Retail sales of products and parts incidental to and accessory to motor vehicle sales.

     3.     Sales of pre-owned automobiles, light duty trucks or vans, sport utility vehicles, recreation vehicles and light duty trailers.

     4.     Rental or leasing of new or pre-owned automobiles, light duty trucks or vans or sport utility vehicles.

C.     Building Requirements.

     1.     Enclosed sales floor area (show room) shall contain minimum one thousand five hundred (1,500) square feet.

     2.     Enclosed service/repair building shall contain minimum one thousand five hundred (1,500) square feet.  Building to be at least one hundred fifty (150) feet from any residential zone.  All motor vehicle repair and service work shall be conducted within the enclosed building.  All garage-type doors for service buildings within two hundred fifty (250) feet of adjacent residential zone must not face residential zone.

D.     Parking Requirements.  Retail sales ratio plus an additional two (2) spaces for each bay, not counting bay as a space, and an additional space for each employee on largest shift.  The display of motor vehicles within the front building setback is allowed.  Landscaped islands are waived in areas located behind the front building line and used for inventory storage.

E.     Area Requirements.

     1.     Minimum lot area.  Four (4) acres.

SECTION 400.430:     TRAFFIC IMPACT CONSIDERATIONS

In the event the proposed use/building fails to meet any of the requirements set forth in Subsections (A)(4)(a) (location), (A)(4)(b) (access) and (A)(4)(c) (unacceptable congestion impact), there shall be a rebuttable presumption that the proposed use/building has a negative effect upon traffic conditions and shall be denied pursuant to Section 400.150(F)(1)(a).  Said presumption may be rebutted by applicant through substantial and competent evidence adduced on the record as a whole before the Council.

                    (a)     Trip generation rate per dwelling unit as shown in Table #1 below for

                         (i)     A.M. peak;

                         (ii)     P.M. peak;

                    (b)     Number of access drives (combination of one (1) entrance and one (1) exit);

                    (c)     Existing volumes on adjacent street.

                              Low Rise--rental dwelling units in buildings that have one (1) or two (2) levels, i.e., garden apartments.

                              Mid Rise--rental dwelling units that have three (3) or more levels.

                         Town house/Condominiums--Single-family ownership units that have at least one (1) other single-family owned unit within the same building structure.

                              Low Rise--buildings that have one (1) or two (2) levels.

                              Mid Rise--buildings with three (3) or more levels.

               (2)     Determine vehicles per hour per access drive for both peak hour categories:

                            trips/dwelling unit x # of dwelling units
                access drives

               (3)     Determine if vph/access drive for both peak hour categories fall within acceptable limits based on existing volumes on adjacent street.

          c.     Failure to meet access or congestion impact requirements--presumption of negative impact on traffic conditions. 

               (1)     In the event the proposed use/building fails to meet any of the requirements set forth in Subsections (B)(4)(a) (access) and (B)(4)(b) (unacceptable congestion impact), there shall be a rebuttable presumption that the proposed use/building has a negative effect upon traffic conditions and shall be denied pursuant to Section 400.150(F)(1)(a).  Said presumption may be rebutted by applicant through substantial and competent evidence adduced on the record as a whole before the Council.  (R.O. 2005 §30-15; Ord. No. 2098 §2, 7-17-96)

SECTION 400.440:     OUTDOOR DINING REGULATIONS

A.     Purpose.  These provisions are intended to regulate outdoor dining areas utilized in conjunction with a business that operates primarily as a retail food/beverage facility with on-premises consumption.  The City may impose additional use or location-specific operational or improvement requirements or restrictions in the interest of preserving public safety and health.  All building and zoning codes of the City, as amended, apply to outdoor dining areas.

B.     Application Requirements.

     1.     Outdoor dining may be authorized only in certain zoning districts by issuance of a conditional use permit approved pursuant to Section 400.150.  Outdoor dining without table service may be authorized pursuant to Subsection (E).

     2.     Following are additional application requirements specific to this Section:

          a.     A site plan and rendering shall be filed with the City which depicts the proposed outdoor dining area, number of tables and/or chairs requested, proposed outdoor dining area improvements and compliance with all provisions of this Section.

          b.     The applicant shall provide photographs, renderings and specifications as requested of all items proposed to be utilized in conjunction with the outdoor dining use.

          c.     The applicant shall submit a notarized statement attesting that he/she has read and understood the outdoor dining provisions and agree to comply as a condition of approval to install and continue to operate the outdoor dining area.

C.     Operational Requirements.

     1.     The outdoor dining area may only be operated in conjunction with a business that operates primarily as a retail food/beverage facility with on-premises consumption.  These regulations are not intended to apply to establishments which serve alcoholic beverages as the principal part of business operations.

     2.     Outdoor speakers and music (not live music) shall be allowed in the outdoor dining area under certain conditions which are location-specific.  Those conditions may include, but are not limited to, maximum decibel level, limited number of speakers, minimum distance from outdoor dining area to residences, minimum distance to road right-of-way and time limitations.

     3.     The outdoor dining area shall be kept clean and free of debris at all times and be kept in good order and repair.

     4.     Food/beverage service equipment shall not be permitted outdoors.

     5.      The outdoor dining area hours shall be no longer than those of the principal facility.

     6.     The outdoor dining area may be operated only as an ancillary part of the principal business operation.

     7.     Approval of an outdoor dining area does not automatically extend liquor license authority into said area.  If the applicant desires to serve alcoholic beverages of any class in the subject area, a conditional use permit or conditional use permit amendment must be sought and approved and new license issued.

     8.     The food/beverage service and menu shall be identical or substantially the same as the adjacent principal operation.

     9.     The operating season of the outdoor dining area shall be limited to March first (1st) through December first (1st) annually except as approved by the City.

     10.     Authority to operate an outdoor dining area is granted for renewable one (1) year terms which shall coincide with the business license year.  If the City does not take action to rescind authority granted under this Section by 11:59 P.M. the last day of the business license year, outdoor dining authority is automatically extended for another business license year period unless the conditional use permit is rescinded by the City with cause.

D.     Site Development Requirements.

     1.     Seating must be on pavement or decking--no gravel, grass, dirt or other unfinished surface.

     2.     All functional and aesthetic improvements proposed for installation and operation such as outdoor tables, chairs, umbrellas, furniture, awnings, barriers, landscaping, planters and general plant materials, decorative fences, light fixtures, railings and dividers and decorative items shall be as approved by the Architectural Review Board based on factors such as appearance, durability and degree of safety to patrons and the general public.  All materials must be of uniform design.

     3.     The seating shall not obstruct any ingress or egress points of the principal or secondary facility.

     4.     An unobstructed pedestrian walkway at least six (6) feet wide shall be maintained between tables or chairs and any lane or parking lot utilized by motor vehicles.

     5.     Any lighting installed and operated shall be backshielded so as to transmit light only to the subject area and not disturb adjacent properties or affect traffic on adjacent rights-of-way.

     6.     Adequate off-street parking is required for the increased seating capacity in the amount of one (1) space per three (3) seats.

     7.     Any outdoor trash receptacles utilized in conjunction with the outdoor dining area shall be placed as close to the principal facility as feasible, shall be for patron self-service disposal only, shall be readily visible but coordinate with the overall design of the outdoor dining area, shall not interfere with pedestrian or vehicular ingress or egress and shall be covered or sealed at all times and not allowed to overflow.

     8.     No permanent structures or ground improvements may be constructed or installed without building permit authorization from the City.

     9.     The outdoor dining area shall not encroach on front or side yard setbacks, rear yard requirements or any right-of-way.

     10.     No signage or other advertising devices may be operated in the outdoor dining area except as allowed by the Sign Code for the entire facility.

     11.     The City may require that at least two (2) means of ingress/egress be provided from the outdoor dining area, one (1) being by means of the principal building depending upon the specific type of outdoor dining applied for.

     12.     The outdoor dining area shall be physically separated from vehicular and pedestrian thoroughfares, both for the privacy of the patron and the safety of the patron and general public.  Separation can be accomplished by a change in elevation, use of planter boxes or other landscaping methods and materials, permanent railing or combinations of each of the aforementioned.  All such barriers must be at least twenty-four (24) inches in height (inclusive of plant materials) and must be durable and be well maintained.

     13.     All outdoor furniture and non-permanent fixtures shall be removed from the outdoor dining area or stored inconspicuously as approved by the City during non-operating months.

E.     Outdoor Dining Without Table Service. 

     1.     These provisions are intended to regulate those retail food/beverage facilities which desire to provide outdoor dining without table service.

     2.     The provisions contained in Subsections (B) through (D) are applicable unless specifically otherwise indicated.

     3.     Outdoor dining without table service does not require a conditional use permit and shall be approved by the City Planner upon compliance with all application requirements.

     4.     An unobstructed pedestrian walkway at least four (4) feet wide shall be maintained between tables or chairs and any lane or parking lot utilized by motor vehicles.  (R.O. 2005 §30-19; CC 1997 §30-39; Ord. No. 2324 §1, 5-19-99)

SECTION 400.450:     DAY CARE HOMES

A.     Definitions.  All definitions for this Section are found in Section 400.090 of this Chapter.

B.     Licenses Required.  No persons shall operate a day care home on premises for which such person does not have a current and valid day care home license issued by the Council.  Although a day care home license may be issued by the City of Ellisville prior to the issuance of a day care home license by the State of Missouri, no person shall operate a day care home without a valid and current day care home license issued by the State of Missouri pursuant to Section 210.211, RSMo.

C.     Compliance With State Statutes And Regulations.  Any day care home licensed under this Section shall at all times comply with all State Statutes including, but not limited to, Section 210.201, RSMo., et seq., and all State regulations including, but not limited to, 13 CSR 40-61.010 et seq.  If the Director believes that the day care home is being operated in violation of any State Statute or regulation, he/she will report said violation to the proper State authorities.

D.     License Not Transferable.  The license shall not be transferable and shall apply only to the person(s) or corporation and the address shown on the license.  The license shall be the property of the City of Ellisville and shall be subject to revocation by the Director upon failure of the licensee to comply with the State Statutes, State regulations, rules relating to day care facilities and/or this Section.  The license shall be returned to the City of Ellisville if revoked or not renewed.

E.     Exemption From Requirement For Licensing.  Notwithstanding any other provision of this Section, no person who operates a day care home with four (4) or fewer children who do not live on the premises in attendance at any one time shall be required to obtain a day care home license nor shall such person be subject to review of the Council nor subject to conditions under this Section for operation placed on the day care home.

F.     Limitations On Operation.  No day care home shall be operated:

     1.     By a person who does not personally provide day care service to the children in attendance at the day care home;

     2.     By a person who does not reside in the residence where the day care home is located;

     3.     In a structure which may not lawfully be occupied as a residence under the zoning ordinance;

     4.     Where care is being provided for more children at one time than such operator is licensed under this Section or State law to care for on the specified premises;

     5.     Where there is less than seven hundred fifty (750) square feet of contiguous, compact outside play area on the premises available for outside recreation of the children, regardless of the number of children that are in attendance at the day care home at any one time.  The property used in calculating whether the minimum outside play area is satisfied cannot be common ground, public property or any other property where possession is in fact shared with other residents or where other residents have the right to use the property; or

     6.     Where the operation of the day care home is in violation of any City ordinance affecting health and safety.

G.     Other Limitations Pertaining To Fitness Of Applicant And Others.  No license shall be issued where the operator, an employee or any person regularly present on the premises has committed an act demonstrating a lack of fitness to care for children, including child molestation or abuse, theft, fraud or any other act of moral turpitude unless the Director finds the conduct of such person subsequent to such act has been such as to demonstrate fitness to care for children.

H.     Limitation On Number Of Children.  No person shall be issued a license to operate a day care home for more than eight (8) children at any one time with a maximum of five (5) children under the age of two (2) years.

I.     Overlap.  There may be occasions when, due to a change of shifts or because of before- and after-school care, the number of children in care would exceed for a short period of time the number of children permitted by this Section.  The number in care, in these overlap situations, shall never be more than one-third (1/3) over the number of children that is otherwise allowed under this Section for a period of time not to exceed two (2) hours total in any child-care day.

J.     Emergency School Closings.  There may be occasions when schools are closed due to emergencies such as inclement weather.  On those days, in order to accommodate enrolled school-age children needing day care due to the unscheduled school closing, the home shall be permitted to exceed for the day its licensed capacity by one-third (1/3).  This one-third (1/3) excess attendance for emergency school closing shall not be in addition to the one-third (1/3) excess allowed for overlap care, so that at no time may the total number in care be more than one-third (1/3) over the licensed capacity.  This emergency school closing overlap shall not be permitted for scheduled days of school closing.

K.     Control Of Children.  The operator of the day care home shall operate the day care home in such a manner that the residential character of the neighborhood is not disturbed.  This means that the operator shall not permit:

     1.     Excessive noise in connection with the day care home which would annoy a person of ordinary sensibilities;

     2.     Children to trespass on property where there is no permission for the children to enter;

     3.     Operation of the day care home to damage property of others; or

     4.     Operation of the day care home to cause the property on which the day care home is operated to deteriorate the property.

L.     Proof Of State License To Be Shown Upon Request.  No person operating a day care home shall fail to show to the Director of Public Works or a designated agent upon request, during normal business hours, a copy of the operator's State day care home license issued pursuant to Section 210.211, RSMo.

M.     Day Care Home To Be Operated In Conformity With Conditions.  No day care home which has been issued a home day care license under this Section with conditions shall operate the day care home in violation of the conditions.

N.     Biannual Applications--To Whom Made.  Biannual applications for a day care home license shall be made to the Council.

O.     Contents Of Initial Application.  The initial application shall be filed on forms provided by the Director and shall contain the following:

     1.     The name of the person desiring to operate a day care home.

     2.     The address where the person intends to operate the day care home.

     3.     The maximum number of children who will be in attendance at the day care home at any one time.

     4.     A copy of the application made to the State of Missouri for a State day care home license.

     5.     The number of square feet on the premises available for outside recreation of the children.

     6.     A site plan drawn to scale showing:

          a.     Outboundary dimensions of the lot;

          b.     Any off-street parking;

          c.     Structures on the lot including dimensions of the structure, fences (indicating the height and construction material of the fence);

          d.     The location of any bodies of water on the premises or on lots abutting the premises, whether such bodies of water are natural or manmade;

          e.     The location of the play area satisfying the minimum play area space requirements;

          f.     Cliffs, retaining walls or other abrupt changes in grade on the premises or on abutting lots;

          g.     High tension wires on the premises or abutting lots; and

          h.     Other manmade features of the premises affecting the suitability of the premises for a day care home.

     7.     The addresses of residences within one hundred eighty-five (185) feet of the premises.

     8.     The names, addresses and Social Security numbers of the applicant, all proposed employees and all adults who reside or will be present on the premises on a regular basis.  Each such person shall execute an authorization for the Council to request the Chief of Police of the City of Ellisville to conduct a complete record check of each such person.

     9.     Applicant shall execute an authorization for the Council to request the Metro West Fire District to conduct a complete inspection of the premises.

P.     Renewal Application.  Renewal applications shall be filed on forms provided by the Director, shall contain the information set forth in Subsections (O)(1) through (O)(4) and (O)(9) and shall state in what manner, if any, the matters described in Subsections (O)(5) and (O)(6) have changed.

Q.     Review Of Application.  The application or renewal application shall be investigated by the Council if the Council believes it is necessary to determine the truth and correctness of the application. 

R.     Standards For Issuance Of Initial License.  No license shall be issued where:

     1.     The Council believes any statement in the application is false.

     2.     The application is not completed.

     3.     The operation of the day care home will not satisfy the requirements of this Section.

     4.     The applicant does not consent to operate within the conditions imposed under Subsection (S) of this Section.

     5.     The applicant does not receive a three-fourths (¾) favorable vote of all the elected members of the Council.

S.     Standard For Imposition Of Conditions.  The Council may impose conditions upon the granting of an initial or renewal license, if the Council believes such conditions are necessary to preserve the residential character of the neighborhood.  The Council may not impose conditions which would make the operation of the day care home violative of Federal or State laws and regulations or any other City ordinance or regulation.

T.     Permissible Conditions On License.  By way of example and not limiting the lawful conditions which may be imposed under Subsection (S), the following are conditions which may lawfully be imposed by the Council:

     1.     The requirement for the construction of a fence of sufficient height and construction to contain the children within the premises of the day care home.

     2.     The requirement that the hours of operation of the day care home be limited.

     3.     The requirement that any assistant or assistants working at the day care home use available off-street parking so as not to congest neighborhood streets.

     4.     In the event that the Council determines that there is inadequate parking space to permit the picking up or dropping off of children at the day care home without congesting traffic or endangering public safety, then the Council may require that the operator provide an off-street paved unobstructed pickup space with adequate stacking area.

     5.     In the event that the lot on which the day care home is to be operated contains less than ten thousand (10,000) square feet, the Council may limit the number of children permitted at the day care home to less than the maximum otherwise permitted by law.

     6.     The requirement that signs are not allowed.

     7.     The requirement that no more than one (1) assistant can be employed.

U.     Fee--Grant Or Denial Of Annual License.  The Council shall notify the applicant and inform the applicant whether the application has been approved, approved with conditions or denied.  The applicant will be issued a license by the Council upon payment of a licensing fee in accordance with this Code.

V.     Notification Of Neighbors Within One Hundred Eighty-Five Feet.  Upon receipt of the initial application for a day care home license, the Council shall cause the persons at the addresses identified by the applicant in the application pursuant to Subsection (O)(7) to be notified of the pending application.  The notice given by the Council shall state:   

     1.     A day care home license has been applied for;

     2.     The name of the applicant;

     3.     The address of the applicant, which is the address of the proposed day care home;

     4.     The license may be issued with conditions;

     5.     The address of the Council and the desire of the Council to receive written comments pertaining to the granting of the license or the imposition of conditions in connection with the licensing of the premises;

     6.     The license will not be granted for at least thirty (30) days following the mailing of the notice of the Council to permit time for response from the addressees;

     7.     The Council will allow and accept comments from the floor from residents concerning the application for a day care home license at an open, public meeting; and

     8.     The license will not be granted without approval of three-fourths (¾) of the elected members of the Council.

W.     Minimum Waiting Period For Review By Petition.  No day care home license shall be reviewed under the provisions of this Section until the day care home shall have been licensed by the City for at least ninety (90) days.

X.     Contents Of Petition For Review.  The petition shall contain:

     1.     The name and address of each petitioner;

     2.     The signature of each petitioner and the date the signature was placed on the petition.  No signature shall be counted as a valid signature unless it is made more than seventy-five (75) days following the issuance of the original license for the day care home;

     3.     The location of the residence of the petitioner with respect to the licensed premises;

     4.     The reason or reasons that the signatories are aggrieved.  Broad statements that the Council failed to comply with the ordinance in issuing the license do not satisfy this requirement.

Y.     Signatures Required On Petition For Review.  The petition shall contain signatures of residents of at least thirty percent (30%) of the dwelling units on all lots or parcels of land which are wholly or partially within one hundred eighty-five (185) feet of the premises. 

Z.     Filing Of Petition For Review With Council.  The petition shall be filed with the Council.

AA. Notice Of Review Hearing.  Following a determination by the Council that the petition is sufficient, the Council shall give notice by mail of the hearing to the persons indicated on the petition, to the licensee and as otherwise provided by law.

AB. Hearing On Petition For Review.  The hearing shall be conducted at the time and place specified in the notice of hearing.  The hearing shall be conducted before the Council.

AC. Suspension Or Revocation Initiated By The Director.  If the Director believes that the day care home is being operated in violation of any City ordinance or conditions imposed upon the license, he/she may suspend a day care home license until he/she believes the conditions giving rise to the violation of the conditions has abated or he/she may revoke the license.  The revocation of the license shall not be effective for five (5) weekdays following actual delivery of the notice to the licensee.  If the licensee believes that such suspension or revocation is made in error, then the licensee may appeal within the five (5) day period to the Council as provided below.  The filing of such appeal shall stay the suspension or revocation until the review of the Council has been completed.  The fee for filing an appeal of suspension/revocation of license shall be sixty dollars ($60.00).

AD. Procedure On Appeals.

     1.     An appeal to the Council may be made by the applicant or licensee from any decision of the Director or other persons in the manner described in Subsection (W) through (AB).  An appeal made pursuant to Subsection (AC) shall be made within the time period prescribed in that Subsection.  All other appeals shall be made within fifteen (15) days of the decision appealed from.  An appeal to the Council from the suspension or revocation of a permit or approval, approval with conditions or disapproval of license or renewal license application may only be made from the final decision of the Council.

     2.     Appeals shall be filed with the Council upon such forms as are approved for such purpose by the Council.  Each appeal shall be accompanied by a fee in accordance with this Code.  Appeals to the Council shall be instituted by filing a notice of appeal with the Council within fifteen (15) days after mailing or delivery of the Council's final decision.

     3.     Before making its decision on any appeal, the Council shall hold a public hearing thereon.  At least five (5) days' notice of the time and place of such hearing shall be sent to each person known to the Council to have any interest in the appeal and by certified mail to the appellant.  Such notice shall contain the name of the appellant, the date, time and place fixed for the hearing and a brief statement of the subject of the appeal.  In addition, notice of the hearing shall be published in one (1) newspaper of general circulation in Ellisville not less than five (5) days prior to the hearing.

     4.     Hearings may be adjourned from time to time; and if the time and place of the continued hearing be publicly announced at the time of the adjournment, no further notice of such continued hearing shall be required.

     5.     The Council may adopt rules of procedure not inconsistent with law.  A majority of the Council shall constitute a quorum.

     6.     The Mayor or other Presiding Officer may administer oaths and compel the attendance of necessary witnesses at hearings or meetings.

     7.     The Council shall cause adequate minutes of its proceedings to be kept and shall record or otherwise provide for the ability to prepare a transcript of all evidence and testimony presented in any hearing.

     8.     All decisions of the Council shall be by order, in which a majority of those members participating in a hearing shall concur.  Each order shall set forth the decision and a statement of the grounds and any findings forming the basis of such decision and the full text of the order and record of members' votes shall be incorporated into the minutes of the Council's meetings.

     9.     A decision of the Council that the Director erroneously determined the facts or applied the law shall contain a statement of the decision which the Director ought to have made and such decision shall have the same force and effect as though the Director had made the decision.  The Council shall not make a determination that the Director acted erroneously and refer the matter back to the Director for a different determination.  The decision of the Council shall be final.

     10.     The deliberations and records of the Council shall be open to the public.

     11.     An appeal to the Council shall operate as a stay of an order denying a permit or suspending or revoking a permit or denying renewal of a license, unless the Director specifically determines in his/her order that a stay would produce an immediate and irreversible threat to the public health and welfare.

     12.     No issue pertaining to a specific party which has been previously specifically decided by the Council shall be subject to rehearing unless a substantial change of conditions is alleged in the notice of appeal.  An issue which has been previously decided by the Council shall not be modified by a subsequent decision of the Council unless a substantial change in fact has been shown to exist.  (R.O. 2005 §30-20; CC 1997 §30-40; Ord. No. 2083 §§12--14, 6-5-96)

SECTION 400.460:     TREE REGULATIONS

A.     The spacing of street trees will be in accordance with the three (3) size classes listed pursuant to Section 400.030(C) and no trees may be planted closer together than the following: 

Small trees                10--12 feet

Medium trees                13--15 feet

Large trees                16--20 feet

except in special plantings designed or approved by the Tree Board or its designee.

B.     The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three (3) size classes listed pursuant to Section 400.030(C) and no trees may be planted closer to any curb or sidewalk than the following:

Small trees                2 feet

Medium trees                3 feet

Large trees                4 feet

C.     No street tree shall be planted closer than twenty-five (25) feet of any street corner, measured from the point of nearest intersecting curbs.  No street tree shall be planted closer than ten (10) feet of any fireplug.

D.     No street trees, other than those species listed as small trees, may be planted under or within ten (10) lateral feet of any overhead utility wire.

E.     The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the right-of-way line of all City streets, alleys, avenues, lanes, squares and public grounds as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.  The Tree Board may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to channels, sewers, electric power lines, gas lines, water lines or other improvements or is affected with any injurious fungus, insect or other pest.  This Section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees are in accordance with Section 400.030(C) and Subsections (A) through (F) of this Section.

F.     It shall be unlawful for any person, firm or City department to top or mutilate any street tree, park tree or other tree on public property.  "Topping" is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.  "Mutilate" is defined as damaging, cutting, carving, transplanting or removing any tree; attaching any rope, wire, nails, advertising posters or other contrivances to any tree, allowing any gaseous liquid or solid substance which is harmful to such trees to come in contact with them; or setting fire or permitting any fire to burn when such fire or the heat thereof will injure any portion of any tree.  Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted  at the determination of the Tree Board.

G.     Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight (8) feet above the surface of the street or sidewalk.  Said owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public.  The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light or interferes with visibility of any traffic control device or sign.

H.     The City shall have the right to cause the removal of any dead or diseased trees, tree limbs or branches on public or private property within the City, when such trees constitute a hazard to health, safety, welfare or property or harbor insects or disease which constitute a potential threat to other trees or plant life within the City.  The Tree Board will notify in writing the owners of such trees.  Removal shall be done by said owners at their own expense within thirty (30) days after the date of service of notice.  In the event of failure of owners to comply with such provisions, the City shall have the authority to remove or have removed such trees, tree limbs or branches and charge the cost of removal on the owner's property tax notice.

I.     It shall be unlawful for any person to prevent, delay or interfere with the Tree Board or any of its agents while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees or trees on private grounds as authorized in this Section.

J.     It shall be unlawful for any person or commercial entity to cause to be cut down, removed, topped or mutilated any private tree, bush, shrub, woody vegetation or other landscaping when the same has been required by the City to be installed and maintained and/or preserved as/and for a landscape buffer, planting strip pursuant to a planned development, a subdivision, a conditional use permit, a site development plan, a landscape plan or other such land use plan or approval; provided, that this Section shall not apply when:

     1.     The person or commercial entity has first obtained the written approval of the City or its third (3rd) party landscape architect; or

     2.     The action is required as an emergency measure to remedy an unsafe condition potentially injurious to the public, in which case the person or commercial entity shall immediately report the action to the City and be required to replace the item.

K.     Every person or entity who shall be convicted of violating any of the provisions of this Section shall be punished as set forth in Section 100.110 of this Code.  In addition to any fine and/or imprisonment, fees shall be assessed for actual costs of replacing the damaged or missing vegetation with specimens identical in type, caliber and height.  (R.O. 2005 §30-21; Ord. No. 2697 §1, 4-20-05)

SECTION 400.465:     RESTRICTIONS ON FINANCIAL INSTITUTIONS AND CHECK-CASHING/PAYDAY LOAN ESTABLISHMENTS

In addition to all other pertinent and applicable regulations, the following special conditions shall apply to financial institutions and check-cashing/payday loan establishments or as may be approved by the Council:

     1.     Such facilities shall provide and utilize digital video and audio surveillance equipment that observes all interior portions of the unit that are accessible or visible to the general public, all private offices and all exterior perimeters of the building or site including parking lots, alleys, service areas, all exterior windows and doors and similar spaces.  Such equipment shall operate twenty-four (24) hours a day seven (7) days a week and shall be connected to a recording device(s) that permanently retain the recorded data for at least thirty (30) days before the data is erased or recorded over.  Such recording devices must be able to have the data downloaded to another device for long-term permanent storage as needed.

     2.     Such facilities shall be designed to have their public lobby areas fully visible from the adjoining parking lots.  No interior or exterior improvements, window tintings and treatment, draperies, blinds, signage, landscaping or other devices shall be utilized to block such visibility.

     3.     Such facilities shall provide a vault or safe to protect cash or other liquid assets.  Such vault or safe shall have a UL rating of TRTL-15 or better.  Such safe or vault shall be installed in such a manner that the area near the safe/vault shall be visible from the parking lot and the surveillance system.

     4.     Such facilities shall be equipped with an interior illumination system that fully illuminates the area around the vault or safe during all times of darkness.

     5.     Such facilities shall be equipped with an alarm system that monitors all exterior doors and windows, cash drawers and the vault/safe.  The system shall include "hold up" alarm/panic buttons at all teller and manager positions that promptly notify the Police Department when activated.  Such an alarm system must be installed and operated in accordance with the established standards and requirements of the City of Ellisville for such equipment.  Such systems shall be tested monthly and a record of such tests maintained on the premises for review.

     6.     In addition to the restrictions above, check-cashing/payday loan establishments shall not be permitted within seven hundred fifty (750) feet of any property zoned and/or used for residential, eleemosynary, religious, school or public use or within seven hundred fifty (750) feet of any other check-cashing/payday loan establishment or establishment or within three hundred (300) feet of the right-of-way line of Manchester Road.  Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the establishment to the closest point on any property line of the eleemosynary use, religious institution, school, public building or public park or to the right-of-way line of Manchester Road.  (Ord. No. 2932 §10, 2-4-09)

SECTION 400.466:     ALTERNATIVE ENERGY SYSTEMS

A.     Solar Energy System Definition.  As used in this Section, the following terms shall have these prescribed meanings:

SOLAR ENERGY SYSTEMS:  A structure or equipment designed to utilize solar energy as an alternative for, or supplement to, a conventional energy system.  Systems installed as part of the principal structure are subject to the same restrictions as the principal building. Systems installed as stand-alone structures are subject to the same restrictions as an accessory building.

B.     Small Wind Energy Systems--Purpose And Intent.  The purpose of this Section is to accommodate small wind energy systems in appropriate locations while protecting the public's health, safety and welfare.  In addition, this Section provides a permitting process for small wind energy systems to ensure compliance with the provisions of the requirements and standards established herein.

C.     Definitions. As used in this Section, the following terms shall have these prescribed meanings:

METEOROLOGICAL TOWER (MET TOWER): Includes the tower, base plate, anchors, guy wires and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment for anemometers and vanes, data loggers, instrument wiring and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.  For the purpose of this Section, met towers shall refer only to those whose purpose are to analyze the environmental factors needed to assess the potential to install, construct or erect a small wind energy system.

MODIFICATION: Any change to the small wind energy system that materially alters the size, type or location of the small wind energy system.  Like-kind replacements shall not be construed to be a modification.

NET METERING: The difference between the electricity supplied to a customer over the electric distribution system and the electricity generated by the customer's small wind energy system that is fed back into the electric distribution system over a billing period.

POWER GRID: The transmission system created to balance the supply and demand of electricity for consumers.

SHADOW FLICKER: The visible flicker effect when rotating blades of the wind generator cast shadows on the ground and nearby structures causing a repeating pattern of light and shadow.

SMALL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind generator, a tower and associated control or conversion electronics, which has a rated capacity of one hundred (100) kilowatts or less and will be used for on-site consumption.

SYSTEM HEIGHT: The vertical distance from ground level to the tip of the wind generator blade when it is at its highest point.

TOWER: The monopole, guyed monopole or lattice structure that supports a wind generator.

TOWER HEIGHT: The height above grade of the fixed portion of the tower, excluding the wind generator.

WIND GENERATOR: The blades and associated mechanical and electrical conversion components mounted on top of the tower whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity.

D.     Procedure For Review.  Small wind energy systems and met towers are accessory structures and uses permitted in all zoning districts.  No small wind energy system shall be erected, constructed or installed without first receiving a building permit.  A building permit shall be required for any physical modification to an existing small wind energy system.  Met towers that receive a building permit shall be permitted on a temporary basis not to exceed three (3) years from the date the building permit was issued.

Prior to issuance of a building permit, an applicant must receive zoning approval from the Planning Department.  Applications submitted to the Planning Department shall contain a site plan with the following information:

     1.     Property lines and physical dimensions of the applicant's property.

     2.     Location, dimensions and types of existing major structures on the property.

     3.     Location of the proposed small wind energy system, foundations, guy anchors and associated equipment.

     4.     Tower foundation blueprints or drawings.

     5.     Tower blueprints or drawings.

     6.     Setback requirements as required within the zoning district.

     7.     The right-of-way of any public road that is contiguous with the property.

     8.     Any overhead utility lines.

     9.     Small wind energy system specifications, including manufacturer, model, rotor diameter, tower height, tower type, nameplate generation capacity.

     10.     Small wind energy systems that will be connected to the power grid shall include a copy of the application for interconnection with their electric utility provider.

     11.     Sound level analysis prepared by the wind generator manufacturer or qualified engineer.

     12.     Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the adopted Building Code.

     13.     Evidence of compliance or non-applicability with Federal Aviation Administration requirements.

E.     Standards.  The City Planner shall evaluate the application for compliance with the following standards:

     1.     Small wind energy systems must meet all setbacks for accessory structures for the zoning district in which the system is located.

     2.     Guy wires used to support the tower are exempt from the small wind energy system setback requirements.

     3.     The maximum tower height shall be restricted to the maximum building height in the zoning district.

     4.     Sound level. The small wind energy system shall not exceed sixty (60) decibels as measured at the site property line, except during short-term events such as severe wind storms and utility outages.

     5.     Shadow flicker.  Small wind energy systems shall be sited in a manner that does not result in significant shadow flicker impacts.  "Significant shadow flicker" is defined as more than thirty (30) hours per year on abutting occupied buildings.  The applicant has the burden of proving that the shadow flicker will not have significant adverse impact on neighboring or adjacent uses.  Potential shadow flicker will be addressed either through siting or mitigation measures.

     6.     Signs.  All signs, including flags, streamers and decorative items, both temporary and permanent, are prohibited on the small wind energy system, except for manufacturer identification or appropriate warning signs.

     7.     The applicant shall demonstrate through project site planning and proposed mitigation that the small wind energy system's visual impacts will be minimized for surrounding neighbors and the community.  This may include, but not be limited to, information regarding site selection, wind generator design or appearance, buffering and screening of ground-mounted electrical and control equipment.  All electrical conduits shall be underground, except when the financial costs are prohibitive.

     8.     The color of the small wind energy system shall either be the stock color from the manufacturer or painted with a non-reflective, unobtrusive color that blends in with the surrounding environment.  Approved colors include, but are not limited to, white, off-white or gray.

     9.     A small wind energy system shall not be artificially lit.

     10.     Clearing.  Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the small wind energy system and as otherwise prescribed by applicable laws, regulations and ordinances.

F.     Abandonment.

     1.     At such time that a small wind energy system is scheduled to be abandoned or discontinued, the applicant will notify the City Planner by certified U.S. mail of the proposed date of abandonment or discontinuation of operations.

     2.     Upon abandonment or discontinuation of use, the owner shall physically remove the small wind energy system within ninety (90) days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the City Council.  "Physically remove" shall include, but not be limited to:

          a.     Removal of the wind generator and tower and related above-grade structures.

          b.     Restoration of the location of the small wind energy system to its natural condition, except that any landscaping, grading or below-grade foundation may remain in its same condition at initiation of abandonment.

     3.     In the event that an applicant fails to give such notice, the system shall be considered abandoned or discontinued if the system is out-of-service for a continuous twelve (12) month period.  After the twelve (12) months of inoperability, the City Planner may issue a notice of abandonment to the owner of the small wind energy system.  The owner shall have the right to respond to the notice of abandonment within thirty (30) days from notice receipt date.  After review of the information provided by the owner, the City Planner shall determine if the small wind energy system has been abandoned.  If it is determined that the small wind energy system has not been abandoned, the City Planner shall withdraw the notice of abandonment and notify the owner of the withdrawal.

     4.     If the owner fails to respond to the notice of abandonment or, if after review by the City Planner, it is determined that the small wind energy system has been abandoned or discontinued, the owner of the small wind energy system shall remove the wind generator and tower at the owner's sole expense within three (3) months of receipt of the notice of abandonment.  If the owner fails to physically remove the small wind energy system after the notice of abandonment procedure, the City Planner may pursue legal action to have the small wind energy system removed at the owner's expense.

G.     Violation. It is unlawful for any person to construct, install or operate a small wind energy system that is not in compliance with this Section.  (Ord. No. 2943 §1, 5-20-09)

ARTICLE VIII.  SITE DESIGN AND PARKING REQUIREMENTS

SECTION 400.470:     APPLICATION OF ARTICLE

This Article shall be applicable to those areas zoned "residential, commercial and light industrial". (R.O. 2005 §30-68; CC 1997 §30-68)

SECTION 400.480:     LANDSCAPING AND LANDSCAPE BUFFERS

A.     Purpose.  To improve the appearance, quality and quantity of landscaped areas that are visible from public roadways and adjacent developments; to improve the aesthetic quality of individual projects and serve to implement the aesthetic and environmental goals of the City of Ellisville; to aid in stabilizing the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, ground water recharge and storm water runoff retardation, while at the same time aiding in noise, glare and heat abatement, creating cool microclimates near the building and within parking areas; to ensure that the local stock of trees and vegetation is replenished; to provide visual buffering and enhance the beautification of the City; to safeguard and enhance property values; and to protect public and private investment.

B.     Definitions.  All definitions for this Article are found in Section 400.090 of this Chapter except for the following definitions which are set out herein.

IRRIGATION REQUIREMENT:  All landscaped areas must be irrigated to properly establish and maintain the selected plant material with a minimum of overspray and without significant potential for causing erosion.

MAINTENANCE REQUIREMENT:  All landscaped areas must be maintained in a clean and healthy condition and all dead plants must be removed within thirty (30) days and replaced within sixty (60) days of removal, weather permitting, with plants of equivalent size.

C.     A landscape plan shall be provided for all proposed commercial, light industrial, business park uses and approved by the City's third (3rd) party landscape architectural consultant.

D.     Any part of the lot area not used for buildings or other structures or for parking, loading or access ways shall be landscaped with grass, ground cover, trees, shrubs and pedestrian walks, excluding mulch paths.

F.     When the rear or side yard of a commercial or industrial use lot abuts any residential zoning district, a minimum of a twenty-five (25) foot landscaped buffer area shall be established and maintained along all rear and side property lines or as is required by specific zoning district requirements, whichever is greater.  The buffer area shall contain evergreen plant material, as specified by the City Planner, with a minimum height of six (6) feet, planted on ten (10) foot centers.  A fence located within the buffer shall be provided and maintained as required by Section 400.360 unless otherwise specified by the Council.  Landscaped buffer areas required by this Section may be located within the rear yard where allowed.  When commercial abuts commercial, landscaping shall be required along the side and rear yard in the following manner: a minimum of one (1) deciduous tree per every sixty (60) linear feet of side and rear yard; and a minimum of one (1) flowering ornamental tree per every seventy (70) linear feet of side and rear yard; and a minimum of four (4) evergreen and/or deciduous shrubs clustered at sixty (60) feet intervals of side and rear yard.

G.     A planting strip measuring a minimum of twenty (20) feet in width shall be established and maintained within the required front yard along the street side adjacent to the property line.  A minimum ratio of one (1) three (3) inch caliper shade tree or three (3) two (2) inch caliper grouped ornamentals, as specified by the City Planner, shall be furnished for each fifty (50) feet of linear front footage, e.g., every fifty (50) feet: one (1) large three (3) inch caliper shade tree or three (3) two (2) inch caliper ornamentals.  These standards are minimum requirements.  Additional understory shrubs or ground cover material is encouraged.  This planting strip must also contain an effectively landscaped visual screen, eighteen (18) to twenty-four (24) inches in height at the time of installation, for at least eighty percent (80%) of the vehicular use area frontage with not less than either a double row hedge thirty-six (36) inches on center or a single row hedge thirty (30) inches on center.

     1.     For existing buildings a planting strip measuring a minimum of twenty (20) feet in width shall be established and maintained within the required front yard.  A minimum ratio of one (1) three (3) inch caliper shade tree or three (3) two (2) inch caliper grouped ornamentals, as specified by the City Planner, shall be furnished for each fifty (50) feet of linear front footage, e.g., every fifty (50) feet:  One (1) large three (3) inch caliper shade tree or three (3) two (2) inch caliper ornamentals.  These standards are minimum requirements.  Additional understory shrubs or ground cover material is encouraged.

     2.     For purposes of this Section, an "existing building" is defined as a building having a valid building and/or occupancy permit issued prior to August 17, 1994.

H.     Where possible, existing ornamental and healthy plant material should be preserved and may serve in lieu of required planting at the discretion of the City Planner.  Consideration will be given for incorporating any existing trees of merit, insofar as practical, into the landscape plan.  All existing and proposed vegetation must be denoted (including caliper) on landscape plan, either as a single standing entity or as cluster, where applicable.

I.     In cases of unusual lot configurations, topography, certain types and locations of pre-existing growth or other uncommon conditions, any landscaping and landscaped island requirements can be waived or modified by the Council as recommended or approved by the landscape architect, Planning and Zoning Commission or the City Planner.

J.     Only small stature trees should be planted underneath or adjacent to overhead utilities where ultimate height and forms of trees can cause interference.  In the alternative, where no overhead utilities exist, it is desirable to plant large stature canopy trees.

K.     Additional or different types, amounts and locations of landscaping and plant materials as well as varying methods of landscaping related to site improvement and methods of installing and maintaining same may be required by the City as recommended or approved by a landscape architect or other similar party engaged or approved by the City.  (R.O. 2005 §30-69; Ord. No. 2073 §1, 6-5-96)

SECTION 400.490:     PARKING AND LOADING REQUIREMENTS

A.     There shall be provided, at the time any building is erected or structurally altered, off-street parking and loading space in accordance with the requirements set forth in this Chapter.  In the event an existing building is to be altered or expanded, additional off-street parking and loading spaces required of this Chapter shall not exceed those required for the expansion alone.

B.     Parking requirements for uses not specifically listed shall be the same as required for a similar use.  When fractional spaces result, the spaces required are the next whole number.  In the case of mixed uses, the spaces required are the sum of the uses computed separately.  Whenever an existing building is changed as to use, the spaces provided shall comply with these full parking requirements set forth herein.

C.     All parking stalls, loading spaces or internal drives, excepting points of ingress and egress, shall be located inside the side or rear yard setbacks as required by the zoning district in which said parking is to occur.

J.     The City Planner may require a specific number of handicapped parking spaces, as defined in Section 400.090, to be sized and located to allow safe, accessible vehicle parking for the physically handicapped.

K.     Minimum parking and loading requirements for a development shall be in accordance with the following table.  Loading space requirements may be diminished or waived by the Council or City Planner: