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City of Fenton, MO
Friday, March 26, 2021
Title IV. Zoning Code
Title IV Notes.
Ord. no. 2897, adopted June 18, 2007, established an operation and maintenance program for the
prevention and reduction of pollution in stormwater runoff for the City of Fenton, Missouri. These
provisions are on file in the City offices.
Addendum A - Fee Schedules, is included as an attachment to this Title.
ATTACHMENTS
Title IV Addendum A
Chapter 400. General Provisions
Section 400.010. Title.
[Ord. No. 3890, 1-24-2019[1]]
These regulations shall be known and may be cited as the “Zoning Code of the City of Fenton,
Missouri.”
Editor's Note: Former Chapter 400, General Provisions, containing Sections 400.010 through 400.030,
was repealed 1-24-2019 by Ord. No. 3890.
Section 400.020. Purpose.
[Ord. No. 3890, 1-24-2019]
This Zoning Code is enacted pursuant to authority conferred under State law for the purpose of
regulating and controlling the zoning and use of land, buildings, and structures within the City to
promote public safety, health and general welfare of its citizens. This Title is specifically designed
to:
Reflect and effectuate the principles and policies articulated in the Comprehensive Plan;
Enhance and protect the character and stability of residential, commercial, industrial,
recreational, and open space areas within the City;
Foster the safe, efficient and economic use of the land, the City’s transportation infrastructure,
and other public facilities and services;
Enhance and preserve the value of land, buildings, and structures throughout the City;
Divide the City into zoning Districts and establish, by reference, a map showing the
boundaries of such Districts;
Fix reasonable standards to which land, buildings, structures, and their uses must conform;
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Prohibit uses, buildings, or structures which are incompatible with the character or
development of uses, buildings, or structures permitted within specified zoning Districts;
Provide for the continuation of non-conforming uses as required by law;
Designate and define the powers and duties of the officials administering and enforcing this
Chapter; and
Provide penalties for the violation of this Chapter.
This document will help guide the City to:
Provide infrastructure more economically;
Bring complimentary uses together;
Provide the efficient delivery of needed public services such as police and fire control;
Control and reduce traffic congestion around business and commercial areas;
Provide efficient access to transportation facilities; and, most importantly,
Provide for open park spaces.
Section 400.030. Definitions.
[Ord. No. 3890, 1-24-2019]
When discussing the intended meaning of the terminology used in this Zoning Code, the following
rules shall be observed:
Words and phrases shall have the meanings respectively ascribed to them unless the context
clearly indicates otherwise. Terms not defined in this Code shall have their standard English
dictionary meanings.
Words denoting the masculine gender shall be deemed to include the feminine gender.
Words used in the present tense shall include the future tense.
Words used in the singular number shall include the multiple tense.
The term “shall” is always mandatory; the term “may” is permissive.
The term “this municipality” shall mean the City of Fenton, Missouri.
The words “lot,” “parcel,” “tract” and “site” shall be synonymous.
The words “building” and “structure” shall be synonymous.
The words “extend,” “enlarge” and “expand” shall be synonymous.
The words “abutting,” “adjacent” and “contiguous” shall be synonymous.
All distances shall be measured to the nearest integral foot (ft) or (inches).
References to Sections shall be deemed to include all Subsections within that Section; but a
reference to a particular Subsection designates only that Subsection.
A general term that follows or is followed by enumerations of specific terms shall not be limited to
the enumerated class unless expressly limited.
Definitions. As used in this Title, the following terms shall have these prescribed meanings:
ABUTS/ABUTTING
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Having a common lot line or district line.
ACCESS WAY
A curb cut, ramp, driveway or other means for providing specific vehicular access to an off-
street parking or loading area. This definition does not include bikeway or walkway.
ACCESSORY BUILDINGS AND STRUCTURES
Any building or structure, the use of which is incidental to, subordinate in size or purpose, and
customarily in conjunction with the principal structure or use permitted or permitted by Special
Use in the Zoning District in which it is located and is located on the same lot as the principal
structure or use.
Except as otherwise provided for within this Title IV, any accessory building or structure
attached to the Principal Building shall be considered as part of the principal building and
shall comply with the minimum Setback requirements of the Zoning District in which the
Principal Building is located.
ACCESSORY USE
A subordinate use of a building or land which is incidental to the principal use permitted or
permitted by Special Use in the Zoning District in which it is located, customarily associated
with the principal use, and located on the same lot as the principal building, structure or use.
Except as otherwise provided within this Title IV, any building or structure housing an
accessory use is considered an integral part of the principal building when it has any part of a
wall in common with the main building or is under an extension of the main roof and designed
as an integral part of the principal structure.
ADMINISTER
The direct application of medical Marijuana to a Qualifying Patient, to the extent allowed by
and pursuant to the terms of Article XIV, Section 1 of the Missouri Constitution, by way of any
of the following methods:
[Ord. No. 3917, 4-25-2019]
Ingestion of capsules, teas, oils, and other Marijuana-Infused Products;
Vaporization or smoking of dried flowers, buds, plant material, extracts, or oils;
Application of ointments or balms;
Transdermal patches and suppositories;
Consuming Marijuana-Infused food Products;
Any other method recommended by a Qualifying Patient’s Physician as authorized by
Article XIV, Section 1 of the Missouri Constitution.
AIRPORT
An area for the landing or taking off of aircraft, containing two (2) or more runways of a least
two thousand (2,000) feet in length, possessing facilities for the storage, servicing or repairing
of aircraft, and open to public use, but not to all types of aircraft.
AISLE
A vehicular traffic way within an offstreet parking area. Also, is used as a means of
ingress/egress from parking spaces.
ALLEY
A public thoroughfare which affords only a secondary means of access to abutting property.
ALTER
To change the size, shape or use of a structure.
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ANIMAL HOSPITAL
An establishment designed to provide medical care to animals and which may have the
capability of providing on-site overnight care and boarding but does not include outdoor
kennels or runs.
APPLICANT
Any person, corporation or other legal entity with the written consent of the owner seeking
approval under these regulations.
ART DEALER
An establishment engaged in the sale of works of art.
ARTISAN, CRAFTSMAN AND PHOTOGRAPH STUDIO
The workshop or studio of an artist, craftsperson, sculptor, or photographer, which workshop
is primarily used for on-site production of unique custom goods through the use of hand tools
or small-scale equipment, and only incidentally used, on an infrequent basis if at all, as an
accessory gallery or for incidental sales.
ASPHALT
A bituminous material (oil-based); usually refers to concrete made with sand, gravel and a
bituminous binder.
ATTACHED
As applied to buildings, “attached” means having a common wall and/or a common roof.
AUTOMATED TELLER MACHINE (ATM FACILITY)
A mechanized consumer banking device operated by a Financial Institution for the
convenience of its customers, whether outside or in an access-controlled facility. ATM
Facilities located outside of a building and not on the premise of a Financial Institution shall
be considered a Principal Use.
AUTOMOBILE
Any automobile not defined as a Commercial Motor Vehicle.
[Ord. No. 3945, 6-27-2019]
AUTOMOTIVE SALES AND/OR SERVICES
An establishment primarily engaged in automotive related sales or services. Terms associated
with Automotive Sales and/or Services shall be defined as follows:
[Ord. No. 3945, 6-27-2019]
AUTOMOTIVE COLLISION SHOP – An establishment primarily engaged in the major repair
of Automobiles and other non-Commercial Motor Vehicles, including the straightening of
body parts, painting, welding, installation or repair of equipment or parts on motorized
vehicles such as mufflers, brakes, tires, radios, transmissions, glass, and engines or engine
parts and short-term outdoor storage of Automobiles and other non-Commercial Motor
Vehicles until such repairs are performed, but excluding dismantling or salvage.
AUTOMOTIVE CONVENIENCE STORE – An establishment primarily engaged in gasoline,
diesel fuel, and oil sales at retail (with no Automobile repair facilities) and the retail sale of a
limited line of goods that generally includes tobacco products, milk, bread, soda, snacks,
and similar household convenience goods for customers. Such establishment may include
an accessory automatic carwash.
AUTOMOTIVE CUSTOMIZING SHOP – An establishment that primarily provides indoor
after-sales services for Automobiles (including the attendant retail sales of accessories for
such Automobiles), such as installation, conversion, and modifications to the interior or
exterior of Automobiles, and may include indoor automotive detailing or dent removal.
AUTOMOTIVE SALES, NEW – An establishment primarily engaged in the sale and/or lease
of new Automobiles, including incidental outdoor display, parking, and indoor servicing of
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vehicles available for sale or lease. Such a use also may include the sales of used
Automobiles as a subordinate use.
AUTOMOTIVE SALES, USED – An establishment primarily engaged in the sale of used
Automobiles, including incidental outdoor display, parking, and indoor servicing of such
vehicles available for sale.
AUTOMOTIVE SERVICE STORE – An establishment primarily engaged in the sale and
replacement or servicing of spark plugs, oil, water hoses, brake fluids, batteries, distributors,
tires, brakes, fuel pumps, or other automotive parts or accessories for Automobiles. An
Automotive Service Store may perform minor repairs of Automobiles and may have short-
term outdoor storage of such vehicles until such repairs are performed, but excluding
dismantling or salvage.
AUTOMOTIVE WASHING FACILITY An establishment engaged in washing and cleaning of
Automobiles and related light equipment. Typical uses include self-service service and full-
service car washes.
BACKFILL
Soil deposited in excessive part of an excavation after completion of construction in the
excavation.
BANQUET FACILITY
An establishment available for lease by private parties to accommodate functions, including,
but not limited to, banquets, weddings, anniversaries, and similar celebrations or events,
including accessory facilities thereto. Banquet Facilities may serve alcohol and have Outdoor
Dining as an accessory use.
BASEMENT
A floored and walled substructure of a building at least fifty percent (50%) below the average
finished grade of the building. A basement shall not be included in computing the number of
stories for the purpose of height regulations unless it is subdivided, rented, sold or leased for
dwelling purposes.
BED AND BREAKFAST INN
An establishment operated in a private residence or portion thereof, consisting of between
one (1) and twelve (12) guest rooms, which provides temporary accommodations to overnight
guests for a fee and which is occupied by the operator of such establishment.
BLOCK
A tract of land bounded by streets or a combination of street, railroad or other rights-of-way,
parks or other similar uses.
BOARD
The City of Fenton Board of Aldermen, unless specifically noted as the City of Fenton Board
of Adjustment.
BOUNDARY ADJUSTMENT
The adjustment to lot lines of platted lots or other lawful parcels for the purpose of adjusting
the sizes of building sites. The adjustment can be accomplished by plat or deed and must be
reviewed by the Community Development Department prior to recording with the Recorder of
Deeds of St. Louis County. No new lots shall be created by a boundary adjustment or shall
the lots be reduced below the minimum size and dimensions as required by the Zoning Code.
BUFFER AREA
An area of land undeveloped (except for landscaping, fences and/or open space) used to
protect a use situated on one (1) lot from the deleterious effects of a use on an adjacent lot.
BUILDING
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Any covered structure permanently affixed to land and designed or used to shelter persons,
chattels or property.
BUILDING BASE
The bottom of a building, including its foundation.
BUILDING CODE
Set of regulations affecting building design and construction.
BUILDING FOOTPRINT
The outline of a horizontal section of the structure, usually at the ground plane.
BUILDING HEIGHT
The vertical distance measured from the average grade at the front wall of a building to the
highest point of the coping of a flat roof or to the deck line of mansard roof. Also means the
height level between eaves and ridge for gable, hip or gambrel roofs. Chimneys, towers,
cooling towers and similar projections shall not be included in calculating building heights.
BUILDING LINE
The line nearest the front of and across a lot, delineating the required yard from the lot line.
BUILDING/SITE RELATIONS
The interactive relationships between a building and the site it occupies.
BULK
Any one (1) or any combination of the following structural or site design characteristics:
Size or height of structure;
Location of exterior walls at all levels in relation to lot lines, streets or other structures;
Lot area; and
Yards or setbacks.
CARPORT
A roofed structure providing space for the parking or storage of motor vehicles and enclosed
on not more than three (3) sides.
CASH-FOR-GOLD OPERATION
An establishment that engages in the retail purchase and resale of precious metals.
CEMETERY
Lands used for the internment of the dead, including mausoleums, graves, columbarium,
related sales and maintenance facilities, and a mortuary or funeral chapel.
CHANNEL
A natural or manmade device, creek or waterway for conveying flowing surface water.
CHILD CARE
The care and supervision of another’s child for less than twenty-four (24) hours a day.
CHURCH
A church, synagogue, temple, mosque, or other facility that has a Principal Use of religious
worship of any denomination.
CITY
The City of Fenton.
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CITY OFFICIALS
Mayor, Board of Aldermen and/or personnel authorized by them.
CLUB AND CIVIC LODGE
An organization of persons for special purposes or for the promulgation of sports, arts,
literature, politics, or other common goals, interests, or activities, characterized by
membership qualifications, dues, or regular meetings, excluding clubs operated for profit
and/or Churches.
COMMERCIAL MOTOR VEHICLE
Any motor vehicle or trailer which is designed, maintained, or used primarily for the
transportation of property or which is used primarily for the transportation of passengers for
hire, including, but not limited to, tow trucks, dump trucks, box trucks, refuse or garbage
trucks, buses, semi-trailers, or truck-tractors or any motor vehicle or trailer having a gross
vehicle weight rating (GVWR) in excess of fourteen thousand (14,000) pounds.
[Ord. No. 3945, 6-27-2019]
COMMERCIAL MOTOR VEHICLE DEALER
An establishment engaged in the business of buying, selling, exchanging or offering to
negotiate, negotiating, or advertising the sale of a Commercial Motor Vehicles, including the
outdoor display of vehicles, distribution of parts, and indoor service.
COMMERCIAL MOTOR VEHICLE REPAIR
An establishment primarily engaged in the indoor repair or customization of Commercial
Motor Vehicles, including the straightening of body parts, painting, welding, installation, or
repair of equipment or parts on motorized vehicles such as mufflers, brakes, tires, radios,
transmissions, glass, and engines or engine parts and short-term outdoor storage of
Commercial Motor Vehicles until such repairs are performed, but excluding dismantling or
salvage.
[Ord. No. 3945, 6-27-2019]
COMMERCIAL USE
A use that is connected with or furthers an ongoing profit-making activity.
COMMISSION
The Planning and Zoning Commission of the City of Fenton.
COMMUNITY CENTER
A facility owned by a public or not-for-profit entity, that is designed for indoor and outdoor
group activities, including meeting or recreational rooms, pools, ballfields, and playgrounds.
COMPACTION
Action that tends to lower the void ration and increase the density of a soil mass; generally,
refers to compacting it into a lesser volume.
COMPREHENSIVE DEVELOPMENT PLAN
The Master City Plan or Master Comprehensive Plan adopted by the Commission which
addresses future needs and the specific future uses of land within the City of Fenton.
[Ord. No. 3948, 6-27-2019]
CONFORMING USE
Uses which are in compliance with the applicable provisions of this Code.
CONSERVATION PLAN
A plan that illustrates the procedure for preserving trees and/or other natural areas within a
site development plan.
CONSTRUCTION EQUIPMENT DEALER
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An establishment primarily engaged in the sale and/or rental of construction equipment,
power systems, and parts, and the outdoor display and indoor service of such equipment;
which may include a truck and trailer rental facility affiliated with and subordinate to the
Construction Equipment Dealer on the same property.
CONSTRUCTION PLAN
Plan of a building or site showing the position, form, dimensions and other required data for
proposed construction.
CONTOURS
Lines on a site plan which represent points of the same elevation as referenced to a ground
surface.
CONVENTION CENTER
A facility used for business or professional conferences and seminars, often associated with a
Hotel.
CULTIVATION
As related to activity authorized pursuant to Article XIV, Section 1 of the Missouri Constitution
and all rules and regulations issued by the Missouri Department of Health and Senior
Services, the process by which a person, business or legal Entity promotes the germination
and growth of a seed to a mature Marijuana plant.
[Ord. No. 3917, 4-25-2019]
CULTIVATION IDENTIFICATION CARD
An additional, separate, or enhanced Identification Card issued by the State of Missouri
allowing the holder to cultivate medical Marijuana in amounts and in secure manners as
authorized by the Department, only to the extent authorized by applicable law.
[Ord. No. 3917, 4-25-2019]
DAY CARE FACILITY
A building operated by an establishment who holds itself out as providing child care for more
than four (4) children during the daytime, for compensation or otherwise, except those
operated by a school system or in connection with an establishment which provides child care
as a convenience for its customers or its employees, but a day care facility shall not include
any private or religious organization academic preschool or kindergarten, a home school, a
weekly Sunday or Sabbath school, a vacation Bible school or child care made available while
the parents or guardians are attending worship services, or other meetings and activities
conducted or sponsored by a religious organization. A Day Care Facility shall not be located
in a dwelling.
DECK
A flat floored platform not set into but raised above the ground or finished grade at least
twelve (12) inches, serving as a floor, which is usually, but not necessarily, made of treated
and untreated woods and polyvinyl boards and attached to a wall.
DEDICATION
The allocation of land within development for non-development purposes related to the
community’s residents or those of the development. This type of dedication will usually
include, but is not limited to, bike trails, parks, lakes or common ground.
DENSITY
The amount of something per unit area measure. Habitation units per square feet of area.
DEPARTMENT
The Missouri Department of Health and Senior Services, or its successor agency.
[Ord. No. 3917, 4-25-2019]
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DETACHED
As applied to buildings, “detached” means surrounded by yards on the same lot as the
primary structure.
DETENTION POND
A drainage facility consisting of a customarily dry basin designed to accept and hold storm
water and release it gradually at no greater rate than the pre-development flow rate (or other
approved release rate) to prevent flooding of adjacent land and reduce stream erosion. (Also
see RETENTION POND.)
DEVELOPER
Commonly known as the person or company responsible for the change in development of
the land.
DEVELOPMENT
To erect any structure or to install any improvements on a tract of land or to undertake any
activity such as grading or site preparation for the purpose of occupancy.
DIMENSIONS
Refers to both lot depth and lot width measured to the nearest foot or inch.
DIRECTOR
The Community Development Director or other official, as appointed by the Mayor of Fenton
with the approval and consent of the Board of Aldermen to administer this Code, or their
delegated representative.
[Ord. No. 3948, 6-27-2019]
DISTILLERY
An establishment that produces alcoholic beverages on-site and generally includes an
accessory tasting room. A tasting room allows customers to taste samples of products
manufactured on-site and purchase related sales items.
DISTRICT (ZONING)
A portion of the land within the City limits of the City of Fenton wherein certain uniform
requirements or various combinations thereof apply to structures, lots and land uses under
the terms of this Code.
DITCH
An open channel conveying surface water flow with side slopes of 6:1 or steeper (not to
exceed 3:1).
DRIVE-THROUGH SERVICE
An accessory use where patrons are served through a window or other device while
remaining in their motor vehicles.
DRIVEWAY
A minor way commonly providing vehicular access to a garage or off-street parking area.
DWELLING
Any building or portion thereof used exclusively for human habitations, except hotels, nursing
homes, or house trailers. The following words or terms associated with dwelling shall have the
following meanings:
APARTMENT – A room or suite of rooms in a building intended or designed for use as a
single dwelling unit, provided with separate cooking and sanitary facilities.
CONDOMINIUM – A dwelling unit in a multi-family building in which a person has both
separate ownership of a unit and a common interest, along with the Condominium’s other
owners, in the common areas.
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LOFT – A dwelling located above the first floor of a non-residential use such as a store or
office.
DWELLING, MULTIPLE-FAMILY – A building or portion thereof designed exclusively for
three (3) or more families.
DWELLING, SINGLE-FAMILY – A detached building containing one (1) dwelling unit,
provided, however, notwithstanding any other provisions of this Code to the contrary, for the
purposes of this Chapter a Group Home and Foster Home shall be included in the definition
of a single-family home.
DWELLING, SINGLE-FAMILY ATTACHED – Two (2) single-family dwellings sharing
common wall areas, each dwelling having its own lot.
DWELLING, TWO-FAMILY – A building designed for or occupied exclusively by two (2)
families living independently of each other and being on a single lot.
DWELLING UNIT
One (1) room or more rooms and a single kitchen and at least one (1) bathroom, designed,
occupied or intended for occupancy as a separate quarters for the exclusive use of a single
housekeeping unit for living, cooking and sanitary purposes, located in a Single-Family, Two-
Family or Multi-Family Dwelling or mixed-use Building.
EASEMENT
A right to use another person’s real property for certain limited purposes. Such examples
include road or utility maintenance/improvement granted by property owner to City, County,
State for the purpose of maintenance, improvements or widening.
EDUCATIONAL FACILITY
A facility that provides for the education and/or training of individuals or groups. Terms
associated with an Educational Facility shall be defined as follows:
ACADEMIC SCHOOL – Any private or publicly-owned and operated institution providing
academic instruction for students from pre-school up to and including 12th grade.
COLLEGES AND UNIVERSITIES – Any private or publicly-owned and operated institution
of higher education, not including vocational and technical schools.
VOCATIONAL AND TECHNICAL SCHOOL – A facility that focuses on skills training for
particular jobs or career fields, rather than on academics in the liberal arts. Programs at
these schools typically last one (1) to two (2) years full-time, although students may attend
part-time, and students may obtain diplomas, certificates, or associate degrees, depending
on the length of the program.
TUTORING AND TEST PREPARATION CENTER – A private facility that focuses on
teaching academic skills.
ELEVATION
The external face of the principal building or structure on a lot.
ELEVATION LINE, FRONT
A line that follows the contours of the elevation of the principal building facing the front lot line
and that extends out from the corners of that elevation on a line generally parallel to the front
lot line to the lot lines intersecting the applicable front lot line.
ELEVATION LINE, REAR
A line that follows the contours of the elevation of the principal building facing the rear lot line
and that extends out from the corners of that elevation on a line generally parallel to the front
lot line to the lot lines that intersect (or form a vertex at) the rear lot line.
ELEVATION, FRONT
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The elevation of a building that is architecturally designed and constructed as the front facade
of a building as determined by the Director.
ELEVATION, REAR
The elevation of a building that is most closely opposite of the front elevation.
EMERGENCY SERVICE FACILITY
A facility for public organizations/entities that provide public safety services by addressing
different emergencies, including Police, Fire, and Ambulance.
ENGINEER
The duly designated engineer for the City.
ENLARGE
To increase the size such as floor area or height of an existing principal structure or accessory
use. Also, can include devoting more land to an existing use.
ENTERTAINMENT FACILITY OR THEATER
A building or part of a building devoted to showing motion pictures or dramatic, musical or live
performances. For the purposes of this Chapter, Adult Theater, Adult Arcade, and Adult
Cabaret as defined in Section 456.010, shall not be included in the definition of Entertainment
Facility or Theater. Entertainment Facilities or Theaters may serve alcoholic beverages with at
least fifty percent (50%) of the gross income derived from the sale of prepared meals or food
consumed on the premises.
ENTITY
A natural person, corporation, professional corporation, non-profit corporation, cooperative
corporation, unincorporated association, business trust, limited liability company, general or
limited partnership, limited liability partnership, joint venture, or any other legal Entity.
[Ord. No. 3917, 4-25-2019]
EQUIPMENT
The tools, stock or apparatus related to a business and kept on-site. Equipment shall not be
offered for sale or used for promotion or placed in long-term storage. For the purpose of this
definition, long-term shall mean ninety (90) days or more.
EROSION
Progressive loss of a soil mass usually due to or by flowing water.
ESTABLISHMENT
An Institution or place of business.
F.E.M.A.
Federal Emergency Management Agency. An office of the Federal Government that deals
with flood impact management.
FABRICATION
A method, operation, or series of actions intended to some new and useful end or result by
changing a material’s chemical or physical characteristics.
FAMILY
One (1) or more persons who are related by blood, marriage or adoption (including foster
care), living together and occupying a single dwelling unit, or a group of not more than three
(3) persons living together on a non-profit, cost-share basis.
FARMERS MARKET
An establishment where local farmers sell fruits and vegetables and often meat, cheese, and
bakery products directly to customers. A Farmers Market may be indoors and/or outdoors and
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typically consisting of booths, tables, or stands for the sale of products.
FARMING
The use of a lot for the production, keeping, or maintenance, for sale or personal use, of
plants and animals, including, but not limited to: forages and sod crops; grains and seed
crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef
cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof,
including the breeding and grazing of any or all of such animals; bees and apiary products;
trees and forest products; fruits of all kinds; vegetables; nursery; floral, ornamental and
greenhouse products; and structures necessary for processing, treating, maintaining, or
storing of same; but excluding feed lots, stockyards, food canning plants, and animal
slaughterhouses and buildings use for the sale of products on-site.
FENCING
A structure functioning as a boundary or barrier made of post, wire or rails. Fencing materials
may include wood, plastic or other synthetic materials, woven fabric, chain-link or masonry
elements.
FENCING, BLIND
Fencing which is used to block or shield the visibility of outdoor storage of equipment or
materials including storage containers from the street and property immediately adjacent to
the subject site.
FENCING, CHAIN-LINK
A series of interlinked (open mesh) metal links of thick (or heavy) gauge wire supported by
metal posts used to confine, restrain or secure.
FILL
Buildup of the site surface above the original grade. Soil deposit produced by other than
natural effects.
FINAL PLAT
A complete and exact plan of subdivision prepared for official recording as required by law.
FINANCIAL INSTITUTION
A State or Federally chartered bank, savings association, credit union, or industrial land
company located in a building which provides for the custody, loan, exchange, or issue of
money, extension of credit, or facilitating the transmission of funds, which may include
accessory drive-through service on the same premises but does not include Pawnshops and
Small Loan Businesses.
FITNESS INSTRUCTION STUDIO
An establishment offering instruction, including, but not limited to: dance, ballet, yoga, martial
arts, personal training, and gymnastics.
FLOOD ELEVATION
The water surfaces elevation of the most severe flood that on the basis of Corps of
Engineer ’s data may be expected to occur once every one hundred (100) years. (Also known
as the “100-year” flood.)
FLOOD HAZARD BOUNDARY MAP (FHBM) AND FLOOD INSURANCE RATE MAP (FIRM)
An official map of the City of Fenton on which the Flood Insurance Study has delineated the
flood hazard boundaries and the zoning establishing insurance rates applicable to the City
within these boundaries.
FLOOD INSURANCE STUDY
An official report provided by the Federal Insurance Administration containing flood profiles,
as well as the Flood Boundary-Floodway Map and the water surface elevation of the base
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flood.
FLOOR AREA
The floor area as measured from the inside face of the exterior building walls or the center of
the building wall dividing tenants in a multi-tenant building; excluding bathrooms and corridors
for public and common usage, utility closets, stairwells, and elevators.
[Ord. No. 4034, 5-28-2020]
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the floors of a building measured from the exterior
walls or from the center of the common walls of attached buildings. Gross floor area includes
basement floors; attic floor space; halls, closets, stairwells; space devoted to mechanical
equipment and enclosed porches.
FLOOR AREA, PRIMARY
The total horizontal area of the first floor of the building as measures from the exterior walls.
FLOWERING PLANT
A Marijuana plant from the time it exhibits the first signs of sexual maturity through harvest.
[Ord. No. 3917, 4-25-2019]
FOSTER HOME
A private residence licensed by the Division of Family Services or Department of Mental
Health to provide foster care to one (1) or more but less than seven (7) children who are
unrelated to either foster parent by blood, marriage or adoption.
FREEWAY
A roadway solely devoted to vehicular traffic, with no parallel walks, crossed by totally grade-
separated intersections at wide intervals and having no frontage access.
FRONTAGE
The lineal extent of the front or street side of a lot.
FUNERAL HOME
A building used for the preparation of the deceased for burial or cremation, for the display of
the deceased and/or for ceremonies or service related thereto, including cremation and the
storage of caskets, funeral urns, funeral vehicles and other funeral supplies.
GARAGE (PRIVATE)
An enclosed space for the storage of one (1) or more motor vehicles, provided that no
business, occupation or service is conducted for profit therein or that space therein for more
than one (1) car is leased to a non-resident of the premises.
GARAGE (PUBLIC)
Any garage that is not classified as a private garage and is used for inside storage, repair,
rental, servicing or supplying of gasoline or oil to motor vehicles. However, a “public garage”
shall not be used for the storage of dismantled motor vehicles.
GARAGE (STORAGE)
Any building or premises, except those used as a private garage, used for equipping,
repairing, hiring, selling or storing motor-driven vehicles.
GENERAL SERVICE CONTRACTOR
A person whose principal business involves specialized residential or non-residential
construction, repair, improvement or service of real property. A General Service Contractor
may display and store products for sale indoors.
GOVERNMENT ADMINISTRATIVE BUILDING
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A building in which government affairs, predominantly administrative, professional, clerical, or
other services, are performed and which is designed to serve patrons at the site. Typical uses
include, Police sub-stations, United States post offices, and City Hall.
GRADE
Elevation of the ground surface at some location which is often qualified as the original grade
and/or the finished grade. This definition also includes slope of the ground surface (angle
from the horizontal) at some location, commonly called gradient.
GROCERY STORE, CONVENIENCE
An establishment that:
Offers a diverse variety of unrelated, non-complementary food and non-food
commodities, such as beverages, dairy, dry goods, fresh produce, and other perishable
items, frozen foods, household products, and paper goods;
May provide beer, wine, and/or liquor sales for consumption off the premises;
May prepare minor amounts of food on site for immediate consumption;
Markets the majority of its merchandise at retail prices;
May not have an accessory Restaurant Use; and
May not exceed five thousand (5,000) square feet.
GROCERY STORE, GENERAL
An establishment that:
Offers a diverse variety of unrelated, non-complementary food and non-food
commodities, such as beverages, dairy, dry goods, fresh produce, and other perishable
items, frozen foods, household products, and paper goods;
May provide beer, wine, and/or liquor sales for consumption off the premises;
May prepare minor amounts of food on site for immediate consumption;
Markets the majority of its merchandise at retail prices; and
May have an accessory Restaurant and/or florist use.
GROUND COVER
Anything besides soil used to produce a site surface; usually refers to surface-spreading
plants, such as grass or ivy.
GROUP HOME
A single-family dwelling in which eight (8) or fewer unrelated mentally or physically
handicapped persons reside and may include two (2) additional persons acting as house
parents or guardians who need not be related to each other or to any of the mentally or
physically handicapped person.
HARDSHIP
A condition caused by peculiar characteristics of a tract of land which prevents strict
compliance with these regulations; does not include personal or economic disadvantages or
self-created conditions.
HEALING ARTS ESTABLISHMENT
An establishment providing health treatments or therapy generally not performed by a medical
doctor or physician such as physical therapy, massage, acupuncture, aromatherapy,
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audiology, and homeopathy.
HEALTH CLUB
An establishment that is open to members and guests and that provides facilities for at least
two (2) of the following: aerobic exercises, running and jogging, exercise equipment, fitness
classes, game courts, and swimming facilities and that also includes amenities such as
saunas, showers, and lockers.
HEARING, PUBLIC
A meeting announced and advertised in advance that is open to the public and at which the
public is given an opportunity to speak and participate.
HOME OCCUPATION
An activity conducted in a dwelling unit or an accessory building or structure of a dwelling unit
as an economic enterprise or for financial gain by members of the household residing therein
that is clearly incidental and secondary to the use of the dwelling unit for residential purposes.
HOTEL
An establishment that:
[Ord. No. 3946, 6-27-2019]
Offers temporary lodging in rooms, for thirty (30) consecutive days or less in a calendar
year, and charges guests on a per night basis;
May include restaurants, meeting, multi-function, or banquet rooms, and other accessory
uses and services, including, without limitation, newsstands, gift shops, and similar
incidental uses conducted entirely within the principal building;
May include one (1) manager ’s quarter for the on-duty manager adjacent to the lobby
area; which may include a kitchen or cooking facility but may not exceed the area of a
typical guestroom within the hotel or be utilized as a temporary or permanent residence;
and
Does not provide a kitchen or cooking facilities within the rooms.
HOTEL, EXTENDED STAY
An establishment that:
[Ord. No. 3946, 6-27-2019]
Offers temporary lodging in rooms which are advertised, designed, intended or routinely
utilized for weekly or monthly occupancy; and typically charges guests on a weekly or
monthly basis;
May include restaurants, meeting, multi-function, or banquet rooms, and other accessory
uses and services, including, without limitation, newsstands, gift shops, and similar
incidental uses conducted entirely within the principal building;
May include one (1) manager ’s quarter for the on-duty manager adjacent to the lobby
area; which may include a kitchen or cooking facility but may not exceed the area of a
typical guestroom within the hotel or be utilized as a temporary or permanent residence;
and
Provides kitchen or cooking facilities for the preparation of food by guests in at least thirty
percent (30%) of the rooms or units.
IMPROVEMENTS
Grading, sanitary and storm sewer, water mains, pavements, curbs and gutters, sidewalks,
road signs, lights, trees and other appropriate actions required to render land suitable for the
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use proposed.
INDUSTRIAL OR BUSINESS PARK
A tract of land which is planned as a whole for use by businesses with large lot sizes for
planned expansion of each business. These businesses will normally own or control individual
lots within the development tract. They will by virtue of such unified planning and development
receive greater amenities and/or lower individual development costs. A “park” may contain
one (1) type of use or a variety of uses within its zoning class.
INDUSTRIAL, HEAVY
A use engaged in the basic processing, fabrication, and manufacturing of materials or
products predominantly from extracted or raw materials, or storage and/or use of heavy
machinery and/or construction vehicles/equipment. Heavy Industrial may not include: facilities
producing explosives or flammable gases or liquids, facilities for animal slaughtering, tanning,
meatpacking or rendering, sulphur plants, rubber reclamation plants or cement plants, steel or
any other metal mills, foundry or smelters, and those general uses which may be obnoxious
or offensive by reason of emission of odor, dust, smoke or noise.
INDUSTRIAL, LIGHT
A use engaged in the manufacture, predominantly from previously prepared materials, of
finished products or parts, including processing, fabrication, assembly, treatment, packaging,
incidental storage, sales, and distribution of such products, but excluding basic industrial
processing.
INSTITUTION
An organization established for a religious, educational, professional, or social purpose.
INTERSECTION
The point at which two (2) or more public rights-of-way meet.
LANDSCAPING
Changing, rearranging or adding to the original vegetation or scenery of a piece of land to
produce an aesthetic effect appropriate for the use to which the land is put.
LIQUOR STORE
An establishment engaged in the retail sale of packaged alcoholic beverages, such as ale,
beer, wine, and liquor for consumption off the premises, with sampling permitted on site with
an approved license.
LOADING SPACE, OFF-STREET
An Off-Street Parking Space used for the loading and unloading of goods from a motor
vehicle in connection with the use of the premises on which such space is located.
[Ord. No. 4034, 5-28-2020]
LOT
A platted parcel of land intended to be separately owned, developed and otherwise used as a
unit. The word lot shall include the word “plot,” “tract” or “parcel.” The derivations of a lot shall
maintain the following definitions.
LOT AREA – The area of a horizontal plane bounded by the front, side and rear lines of a
lot.
LOT, CORNER – A lot, or portion thereof, situated at the intersection of two (2) or more
streets, having an angle of intersection of not more than one hundred thirty-five degrees
(135°).
LOT DEPTH – The average distances between the front and rear lot lines.
LOT, FLAG – A residential lot with two (2) discernible portions described as follows:
1.Access Portion. That portion of the lot having frontage on or abutting a public road,
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with the frontage being sufficient in width for a private drive to serve the building site
portion.
2.Building Site Portion. That portion of the lot not fronting on or abutting a public road
but connected to a public road by the access portion of the lot.
LOT, INTERIOR – Any lot other than a through or corner lot.
LOT, THROUGH – A lot other than a corner lot which has a street on two (2) opposite sides
of the lot (Also known as a “double-frontage” lot).
LOT WIDTH – The horizontal distance between the lot lines perpendicular to the front lot
line, measured along the building line.
LOT LINE
A line dividing one (1) lot from another, or from a public or private street right-of-way or any
other public right-of-way (also see PROPERTY LINE). The derivations or modifications of a
lot line shall maintain the following definitions:
LOT LINE, FRONT – The line separating the lot from the public right-of-way, private street,
and/or access easement which it fronts.
LOT LINE, REAR – The line or lines that are most closely parallel to the front lot line. On a
corner lot in Residential Districts, one (1) side lot line may be established in lieu of a rear lot
line; provided that, in no case may the rear lot line that is mostly parallel with the rear
elevation of the principal building be established as a side lot line in lieu of the rear lot line.
On through lots in the Residential District, one (1) rear lot line may be established in lieu of a
front lot line; provided that the rear lot line established in lieu of a front lot line is the line
most parallel with the rear elevation of the principal building.
LOT LINE, SIDE – Any lot line that intersects with the front lot line and is not a front lot line
or rear lot line. On an interior lot that is triangular in shape, the vertex of the side lot lines is
considered to be a rear lot line parallel with the rear elevation of the principal building.
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LOT OF RECORD
A lot shown upon a plan of a subdivision or upon a plat which is attached to or to which
reference is made on a deed recorded in the Office of the Recorder of Deeds of St. Louis
County.
LOT-BY-LOT DEVELOPMENT
The conventional approach to development in which each lot is treated as a separate
development unit conforming to all land-use, density and bulk requirements of the zoning
district.
M.S.D.
The Metropolitan St. Louis Sewer District.
MAJOR ARTERIAL OR HIGHWAY
Major activity streets which connect population concentrations and provide rapid vehicular
travel between cities and development areas.
MARIJUANA-INFUSED PRODUCTS
Products that are infused with Marijuana or an extract thereof and are intended for use or
consumption other than by smoking, including, but not limited to, edible products, ointments,
tinctures, and concentrates.
[Ord. No. 3917, 4-25-2019]
MARIJUANA OR MARIHUANA
Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any
other strains commonly understood within the scientific community to constitute Marijuana, as
well as resin extracted from the plant and Marijuana-Infused Products. “Marijuana” or
“Marihuana” do not include industrial hemp containing a crop-wide average
tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (3/10 of
1%) on a dry weight basis, or commodities or products manufactured from industrial hemp.
[Ord. No. 3917, 4-25-2019]
MAXIMUM
Qualification as the most extensive or the most that will be allowed.
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MEDICAL FACILITY
A facility that provides medical and allied health services to an individual by physicians and
other health care professionals licensed by a State-sanctioned Board overseeing the
provision of medically oriented outpatient services. Medical facilities include, laboratories,
diagnostic centers, and outpatient treatment facilities such as urgent care clinics.
MEDICAL MARIJUANA BUSINESS
A Medical Marijuana business shall be defined as any of the following hereinafter defined
entities:
[Ord. No. 3917, 4-25-2019]
Medical Marijuana Cultivation Facility.
Medical Marijuana Dispensary Facility.
Medical Marijuana-Infused Products Manufacturing Facility.
Medical Marijuana Testing Facility.
Medical Marijuana Transportation Facility.
Any other Entity currently or hereafter included in and regulated by Article XIV, Section 1
of the Missouri Constitution and the rules and regulations promulgated by the
Department of Health and Senior Services for the State of Missouri.
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport and
sell Marijuana to a Medical Marijuana Dispensary Facility, Medical Marijuana Testing Facility,
Medical Marijuana-Infused Products Manufacturing Facility.
[Ord. No. 3917, 4-25-2019]
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver
Marijuana, Marijuana-Infused Products, and drug paraphernalia used to Administer Marijuana
as provided by the State of Missouri solely pursuant to the terms of Article XIV, Section 1 of
the Missouri Constitution to a Qualifying Patient, a Primary Caregiver, another Medical
Marijuana Dispensary Facility, a Medical Marijuana Testing Facility, or a Medical Marijuana-
Infused Products Manufacturing Facility.
[Ord. No. 3917, 4-25-2019]
MEDICAL MARIJUANA TESTING FACILITY
A facility certified by the State of Missouri to acquire, test, certify, and transport Marijuana.
[Ord. No. 3917, 4-25-2019]
MEDICAL MARIJUANA TRANSPORTATION FACILITY
A facility certified by the State of Missouri to store and transport Marijuana.
[Ord. No. 3917, 4-25-2019]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri to acquire, store, manufacture, transport, and sell
Marijuana-Infused Products to a Medical Marijuana Dispensary Facility, a Medical Marijuana
Testing Facility, or to another Medical Marijuana-Infused Products Manufacturing Facility.
[Ord. No. 3917, 4-25-2019]
MEDICAL OFFICE
A building with one (1) or more physicians, dentists, chiropractors, optometrists, or other
health practitioners providing medical services in a specific area of health care, organized as
a single business entity, and lawfully established for medical consultation to persons on an
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outpatient basis. This term, includes, but is not limited to, mental health care, addiction
counseling, chiropractic, and optical services; and physical therapy offices, clinics, and
facilities.
MEDICAL USE
The production, possession, delivery, distribution, transportation, or administration of
Marijuana or a Marijuana-Infused Product, or drug paraphernalia used to Administer
Marijuana or a Marijuana-Infused Product as provided by Article XIV, Section 1 of the Missouri
Constitution, for the benefit of a Qualifying Patient to mitigate the symptoms or effects of the
patient’s qualifying medical condition as defined in Missouri State law.
[Ord. No. 3917, 4-25-2019]
MINIMAL
Qualification as the least favorable or the least that can be expected for a given situation.
MIXED USE
The Development of a Lot, tract or parcel of land, Building or Structure with two (2) or more
different Uses, including, but not limited to, residential, office, retail, public uses, personal
service or entertainment uses (but not including accessory uses), designed, planned and
constructed as a unit.
MODULAR UNIT
Factory fabricated transportable building unit designed to be used by itself or to be
incorporated with similar units at a building site into a modular structure to be used for
commercial, educational or industrial purposes.
MOTEL
See HOTEL.
MUSEUM
An establishment devoted to the acquisition, conservation, study, exhibition, and educational
interpretation of objects having scientific, historical, or artistic value.
NON-CONFORMING USE OR STRUCTURE
A building, structure or use of land existing at the time of enactment of this Code and which
does not conform to the regulations of the district or zone in which it is situated.
NURSERY
An establishment where flowers, shrubbery, vegetables, trees, and other horticultural and
floricultural products are grown, propagated, and may be sold on-site.
NURSING HOME
Any premises, other than a hospital or residential substance abuse treatment center, which
provides twenty-four (24) hour personal and health care, accommodation and board to
individuals under the daily supervision of a licensed nurse and the supervision of a licensed
physician, including “Residential Care Facilities I and II,” and “Intermediate Care Facility” or a
“Skilled Nursing Facility” as defined by Chapter 198, RSMo.
OFFICE, GENERAL
A building with one (1) or more establishments providing executive, management,
administrative or professional services, but not Medical Offices or Medical Facilities, or the
sale of merchandise, except as accessory to a permitted Principal Use. Typical uses include
real estate, insurance, property management, investment, employment, travel, advertising,
law, architecture, design, engineering, accounting, and similar offices.
OPTIMAL
Qualification as the most favorable or the most that can be expected for a given situation.
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OUTDOOR DINING
An accessory use of a restaurant, tavern, or other establishment engaged in the sale of food
and/or beverages with tables located on the sidewalk, patio, or other open paved area in front
of or adjoining the related establishment.
OUTDOOR STORAGE AREA
An unroofed, unenclosed, paved area outside of a business used to store equipment and
materials or items other than properly licensed vehicles or equipment capable of traveling on
the public roadways. The equipment and materials stored outdoors must be a necessary and
integral function in the operation of the business on the premises, including equipment and
materials stored temporarily for an off-site job site.
OUTDOOR STORAGE BIN
A covered or uncovered receptacle that is typically enclosed on three (3) sides and used for
temporary or long-term storage of materials. Such storage devices are not customarily used
to transport goods, equipment, or material.
OUTDOOR STORAGE CONTAINERS
Containers customarily used in the transport of goods, equipment and material used to store
those goods, equipment and material on the lot of a business or company. These storage
devices may be used for either temporary or long-term storage.
PARKING
The temporary storage of properly licensed motor vehicles or automobiles or equipment
capable of traveling on the public roadways.
[1]
PARKING AREA, OFF-STREET
A paved surface in an enclosed or unenclosed area which contains one (1) or more
accessory Parking and/or Loading Space and is connected by a Driveway to a public Right-
Of-Way, public or private street, alley, or easement to permit ingress or egress from the
premises. Off-Street Parking Areas do not include:
[Ord. No. 4034, 5-28-2020]
Paved areas used for storage and display of vehicles in conjunction with an approved
Automotive Sales and/or Services, Commercial Motor Vehicle Dealers or Commercial
Motor Vehicle Repair, or Recreational Vehicle Sales or Construction Equipment Dealer
use on the same premises.
Paved areas used for the storage of Automobiles and Commercial Motor Vehicles used
in support of the approved and permitted use on the same premises.
Outdoor Storage Areas related to a use on the same premises.
PARKING SPACE
A paved surface in an enclosed or an unenclosed area, which is reserved for the temporary
storage of one (1) motor vehicle.
[Ord. No. 4034, 5-28-2020]
PARKING SPACE, OFF-STREET
A Parking Space that is located in an Off-Street Parking Area.
[Ord. No. 4034, 5-28-2020]
PARKING STRUCTURE
Any building containing motor vehicle parking that is a Principal Use, with or without any
additional Uses.
PATIO
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A level unenclosed surfaced area, not exceeding twelve (12) inches in height, located at the
finished grade that is usually directly adjacent to a building.
PAVEMENT
Structural surfacing of the ground for walks, drives, parking lots and roads.
PAWNSHOP
An establishment engaged in the buying and selling of new and secondhand merchandise
and offering loans secured by personal property.
PERSONAL AND BUSINESS SERVICE SHOP
Shops primarily engaged in providing services generally involving the care of the person or
such person’s apparel or rendering services to business establishments such as laundry or
dry-cleaning tailoring, beauty or barber shops, employment service, mailing or copy and
printing shops, shipping stores, and sign shops.
PET GROOMING FACILITY
An establishment primarily engaged in the cleaning, bathing, brushing, and cutting of hair of
household pets. Pet grooming facilities do not include outdoor kennels, medical care, or
overnight care.
PET SUPPLY STORE
An establishment primary engaged in the sale of pet supplies, which may include the
accessory indoor sale or adoption of pets, pet grooming, and/or veterinarian clinic or hospital,
but does include outdoor kennels or runs.
PHARMACY
An establishment where prescription drugs are compounded, dispensed, or sold by a
pharmacist and where prescription drug orders are received or processed in accordance with
the pharmacy laws as defined by Chapter 338 of the Missouri Revised Statutes. A Pharmacy
may engage in general light retail sales and may include accessory drive-through service on
the premises.
PHYSICIAN
An individual who is licensed and in good standing to practice medicine or osteopathy under
Missouri law.
[Ord. No. 3917, 4-25-2019]
PHYSICIAN CERTIFICATION
A document, whether handwritten, electronic or in another commonly used format, signed by
a Physician and stating that, in the Physician’s professional opinion, the patient suffers from a
qualifying medical condition as defined in Missouri State law.
[Ord. No. 3917, 4-25-2019]
PLANTINGS
A set of growing plants used to develop the landscaping for a site.
PLAT
A map, plan or layout of a City, township, section or subdivision indicating the location and
boundaries of individual properties.
PLAT (FINAL)
A map of land subdivision prepared in form suitable for filing of record with necessary
affidavits, dedications and acceptances and with complete bearings and dimensions of all
lines defining lots, blocks, streets, alleys, public areas and other dimensions of land.
PLAT (PRELIMINARY)
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A map of a proposed land subdivision showing the character and proposed layout of the tract
in sufficient detail to indicate the suitability of the proposed subdivision of land. This proposed
land subdivision must be submitted in accordance with all requirements of this Code.
PLOT
A parcel of land consisting of one (1) or more lots or portions thereof which is described by
reference to a recorded plat.
PORCH
A platform, that may be enclosed and/or covered by a roof, projecting from the wall of a
building with direct access to or from a building.
PRINCIPAL BUILDING OR STRUCTURE
The main building or structure erected on or the principal use occupying a lot, as
distinguished from an accessory structure or use.
PRINCIPAL USE
The primary or predominate use of land, building or structure.
PRIMARY CAREGIVER
An individual twenty-one (21) years of age or older who has significant responsibility for
managing the well-being of a Qualifying Patient and who is designated as such under the
rules and regulations of the Department and possesses a Department issued Primary
Caregiver or Primary Caregiver Cultivation Identification Card.
[Ord. No. 3917, 4-25-2019]
PRIVATE RESTRICTIONS
Private restriction or trust indenture is a recordable document which is used for the purpose of
maintaining commonly owned property and/or facilities.
PROPERTY
A piece of real estate made up of one (1) or more than one (1) contiguous lots under a unity
of ownership and use.
PROPERTY LINE
A legally recorded boundary of a lot.
PUBLIC PARK
Any public area created, established, designated, maintained, provided, or set aside by the
City for the purpose of public rest, play, recreation, enjoyment, assembly, and all buildings,
facilities, and structures located thereon or therein.
PUBLIC UTILITY FACILITIES
An electrical substation including but not limited to transmission substations, distribution
substations, collector substations, converter substations, and switching stations. Towers,
poles, and traffic signal controllers shall not be considered Public Utility Facilities. See
TELECOMMUNICATIONS FACILITY defined in Section 491.030.
QUALIFYING PATIENT
A Missouri resident diagnosed with at least one (1) qualifying medical condition as defined in
Missouri State law and possessing a Department issued Qualifying Patient or Qualifying
Patient Cultivation Identification Card.
[Ord. No. 3917, 4-25-2019]
RAILROAD SWITCHING YARD
An area consisting of railroad track used for the storage, sorting, and loading and unloading of
railcars and locomotives.
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RECONTOURING
Manipulation of the existing contours on a site plan as part of the design for re-grading the
site surface.
RECREATION FACILITY
A facility established primarily for amusement or recreational activities, which may serve
alcohol. Terms associated with Recreational Facility shall be defined as follows:
RECREATIONAL FACILITY, INDOOR LIMITED — An indoor facility established primarily for
amusement or recreational activities, such as pinball/video arcades, miniature golf, batting
cages, and roller skating rinks. This definition is intended to restrict the type of recreational
use allowed to those small-scale facilities that would be compatible with typical buildings and
uses in the District in which this use is allowed.
RECREATIONAL FACILITY, INDOOR UNLIMITED – An establishment primarily engaged in
operations and activities contained within large-scale gymnasium-type facilities such as for
tennis, basketball, swimming, indoor soccer, indoor hockey, or bowling.
RECREATION FACILITY, OUTDOOR LIMITED – An outdoor recreation facility established
primarily for amusement or recreational activities, such as miniature golf, bumper boating,
batting cages, and go-carts.
RECREATIONAL VEHICLE SALES
An establishment primarily engaged in the sales, rental, leasing, and/or consignment of
recreational vehicles, including the incidental outdoor display, parking, and indoor service
thereof. Recreational vehicles shall include but are not be limited to motorcycles, boats,
scooters, all-terrain vehicles (ATVs), personal watercraft, towable recreational vehicles, and
motorhomes.
RESEARCH CENTER
A facility or building dedicated to research, generally with the focus on a specific area, not
including laboratory testing of animals.
RESTAURANT
An establishment where prepared food and beverages are sold for consumption within the
building or away from the premises.
RESUBDIVISION
Any change in the plat or description of an approved or recorded subdivision, including a
subdivision predating the adoption of regulations controlling the division of land, if such
change affects any lot line, road layout or area reserved for public use.
RETAIL STORE
An establishment that operates as fixed point-of-sale locations, which are designed to attract
a high volume of walk-in customers and stores have extensive displays of new merchandise.
Retail does not include Restaurants, Used Merchandise Stores, Pawnshops, Cash-For-Gold
Operations, Warehouse Showroom Sales, Pharmacies, Grocery Stores, any of the uses set
forth under Automotive Sales or Services, or any other such Use as defined in this Section
400.030. Terms associated with Retail Stores shall be defined as follows:
RETAIL STORE, LARGE – A retail establishment over fifty thousand (50,000) square feet.
RETAIL STORE, MEDIUM – A retail establishment containing more than five thousand
(5,000) square feet, but less than fifty thousand (50,000) square-feet.
RETAIL STORE, SMALL – A retail establishment of five thousand (5,000) square feet or
less.
RETENTION POND
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A drainage facility consisting of a wet pond or lake designated to accept additional stormwater
and release it gradually at no greater rate than the pre-development flow rate (or other
approved release rate) to prevent flooding of adjacent land and reduce stream erosion. (Also
see DETENTION POND.)
RIGHT-OF-WAY (PUBLIC)
A public way established or dedicated by duly recorded plat, deed, grant, governmental
authority or by operation of the law.
RUNOFF
Water flowing as a result of precipitation over a surface.
SCREENING
Trees, shrubs, walls, solid fences or berms used as a means of visual and/or noise control.
Must be opaque in nature. A fence with an opaque value of seventy percent (70%) or greater.
SELF-STORAGE FACILITY
A building or group of buildings with controlled access that contains individual,
compartmentalized, and controlled access stalls or lockers for the storage of customers’
property, merchandise, goods, or wares, which may include a truck and trailer rental facility
affiliated with and subordinated to the Self-Storage Facility on the same property.
SERVICE CENTER, CUSTOMER
A facility accepting consumer calls or visits for dispatch of personnel to provide services of
same, including utilities or communication systems.
SERVICE CENTER, REPAIR
An establishment providing repair or replacement parts for motorized equipment, or
appliances.
SETBACK
The minimum horizontal distance between a lot line and the nearest allowable portion of a
building or structure.
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SIGN
See Chapter 485.
SITE
An area of land with defined property boundaries.
SITE DESIGN
The proposed development plans for a site which shall incorporate all pertinent information
relating to the development of the site.
SITE DEVELOPMENT
The work of constructing a site in compliance with design plans.
SITE PLAN
A plan to scale that shows uses and structures proposed for a parcel of land as required by
the City Code and regulations involved. It includes, but is not limited to, lot lines, streets,
building sites, reserved open space, buildings, major landscape features, both natural and
manmade, and depending on requirements, the locations of proposed utility lines.
SITE PLAN REVIEW
The process whereby the City reviews the site plans and maps of a developer to assure that
they meet the stated purposes and standards of the district. This shall include:
Providing for the necessary infrastructure and public facilities such as roads and schools;
and
Protect and preserve topographical features and adjacent properties through appropriate
siting of structures and landscaping.
Artist rendering of proposed development. (Not required for residential)
SLOPE ANGLE LIMIT
Extent of the angle from the horizontal of the sloping face of a soil mass.
SMALL LOAN BUSINESS
Establishments which:
Engage in the business of providing money to customers on a temporary basis, wherein
such loans are secured by post-dated check, paycheck, or car title, or
Are registered as lenders under State or Federal law. The classification does not include
Financial Institutions. Further, the classification does not include establishments selling
consumer goods, including consumables, where the cashing of checks or money orders
is incidental to the main purpose of the business. The classification, does include, but is
not limited to, check cashing stores, payday loan stores and car title loan stores.
Editor's Note: The definitions of Parking Area (Includes Lot or Off-Street Parking), and Parking
Stall, which immediately followed, were repealed 5-28-2020 by Ord. No. 4034.
ST. LOUIS COUNTY D.R., R.D. The St. Louis County Department of Revenue, Recorder of
Deeds.
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, or training of horses.
STORAGE
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A use or building function which protects products, materials, or equipment from damage,
theft or visibility.
STORAGE STRUCTURE
An accessory building or structure used for storage.
STREET
A public or private way for motor vehicle travel. The term street includes a highway,
thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, drive, court
and similar designations, but excludes an alley or a way for pedestrian use only.
STREET (ARTERIAL) – A multi-lane facility designed for movement of a relatively large
volume of traffic. Arterials provide connections between local and collector streets and the
freeways.
STREET (COLLECTOR) – A street located within a neighborhood or other integrated use
area which collects from and distributes traffic to local streets and connects arterial streets.
STREET (CUL-DE-SAC) – A street or a portion of a street with only one (1) vehicular traffic
outlet. The closed end having an adequate turnaround.
STREET (FRONTAGE OR SERVICE STREET) – A street generally parallel to and adjacent
to arterial streets and highways which provides access to abutting properties and protection
from through traffic.
STREET (LOCAL/MINOR) – A street associated with low intensity uses which represent
small segments of an actual development area in a portion of a neighborhood of activity.
STREET (PRIVATE) – A street not accepted by dedication or otherwise by the Board of
Aldermen.
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, assembled or erected on the ground or attached to something having a
fixed location on the ground.
STRUCTURE PARKING
Parking developed with a structure that may be inside a building or in a separate structure
developed primarily for parking.
SUBDIVIDER
A person, firm, corporation, partnership or association who shall lay out any subdivision or
part thereof as defined herein, either for himself or others.
SUBDIVISION
Any land which is divided or proposed to be divided into two (2) or more lots, tracts, parcels,
sites. Any other division of land for the purpose, whether immediate or future, of sale, lease,
conveyance or development.
SUBDIVISION (MAJOR) – Any subdivision not classified as a minor subdivision.
SUBDIVISION (MINOR) – Any residential subdivision containing not more than four (4) lots
fronting on an existing road and meet the requirements of this Section.
SUBDIVISION PLAN
A plan that illustrates the subdivision of parcels into lots.
SURFACE PARKING
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Parking developed on a site surface; usually with some form of pavement.
SWALE
Open drainage channel with side slopes not steeper than 3:1. The width of the bottom of the
swale shall equal or exceed the depth. A swale shall not be constructed in areas with
continuous drainage.
TAVERN
An establishment primarily engaged in the preparation and retail sale of alcoholic beverages
with a City and State approved liquor license for consumption on the premises. Typical uses
include sports bars, cocktail lounges, nightclubs, and similar uses at which less than fifty
percent (50%) of the total revenue is generated by food sales.
TOPOGRAPHY
The relief features or surface configuration of the ground within an area.
TOURIST INFORMATION CENTER
An establishment providing visitors with information on the area’s attractions, hotels, maps,
and other items relevant to tourism, not including motorist rest stops.
TRAFFIC PATH
The portion of a site surface dedicated to the achievement of some travel, typically either as a
footpath for pedestrians or a driveway for vehicles.
TRUCK GARDEN
Produce/vegetable growing operation of which the product is sold on premises.
TRUCK TERMINAL
A facility where freight is unloaded from interstate trucks, intermodal trailers, and shipping
containers before being loaded onto local delivery trucks.
USE
The purpose or activity for which land or a structure thereon is designed, arranged, intended,
occupied and/or maintained.
USE, PERMITTED
The purpose or activity which is allowed for use or development within a zoning district.
USE, PERMITTED BY SPECIAL PERMIT
A use of property subject to special controls and conditions in accordance with the provisions
of this Chapter and subject to the restrictions applicable to that Zoning District.
USED MERCHANDISE STORE
An establishment primarily engaged in the retail sale of used or donated goods including
clothing, furniture, or appliances, but not including used cars or other motorized vehicles.
VARIANCE
A granted deviance from the strict code application due to presented and defensible undue
hardships not brought on by the applicant and shall relate to the lot size, topography, signage,
setbacks or other building size requirements of this Code that are applicable to a particular lot
or structure.
VISIBLE SITE
The viewed site consisting of the site surface and the objects on it.
WALL
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A vertical building face perpendicular to the horizontal view between the base foundation
and top of the wall at the roof line.
An independent masonry or wood structure defining an enclosed structure or
accommodating a change in site grade.
WAREHOUSE
An establishment primarily engaged in the storage of merchandise or commodities for
distribution, which may or may not include assembly of stored merchandise or commodities
but does not include Self-Storage Facilities.
WAREHOUSE SHOWROOM SALES
An establishment primarily engaged in retail or wholesale sales and installation of residential
and commercial building materials. Warehouse Showroom Sales may display, store, and
perform light assembly of merchandise indoors.
WATERSHED
The area which contributes stormwater runoff to a point as defined by its topographic ridges
prior to and/or after development.
WHOLESALE ESTABLISHMENT
An establishment primarily engaged in selling merchandise to persons other than members of
the general public.
YARD
The open area or space that is unobstructed, except as specifically permitted in this Code,
and that is located on the same lot as the principal building. The derivations of yard shall
maintain the following definitions.
YARD, FRONT – The front yard shall be that portion of a lot adjacent to any street and
bounded by the front lot line (or lines), the lot lines intersecting the front lot line(s), and the
Front Elevation Line.
YARD, REAR – The rear yard shall be that portion of a lot adjacent to the Rear Lot Line (or
lines) and bounded by the Rear Lot Line, the lot lines intersecting the Rear Lot Line(s), and
the Rear Elevation Line. In cases where the Rear Elevation Line is overlapped by the Front
Elevation Line (such as Corner Lots or lots with buildings not parallel with the Front Lot
Line), the Rear Yard shall be bounded by the Rear Lot Line, the lot lines intersecting the
Rear Lot Line(s), and the Front Elevation Line.
YARD, SIDE – The side yard shall be that portion of a lot between the principal building and
the adjacent lot line that is not considered a front yard or back yard.
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YARD, REQUIRED – The yard or portion of the yard located between the lot line and the
required setback established by the zoning district in which the lot is located.
ZONE DISTRICT MAP
The map or any amendments thereto designating zoning districts and incorporated into this
Code by reference.
ZONING ORDINANCE
A legally enforceable description of limitations affecting usage of some portion of a political
jurisdiction.
Chapter 405. Planning and Zoning Commission
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Section 405.010. Members — Appointment — Terms —
Vacancies — How Filled.
[Ord. No. 3948, 6-27-2019[1]]
The Mayor with the consent and approval of the Board of Aldermen (herein "Board") shall appoint
a commission to be known as "The Planning and Zoning Commission" (herein "Commission").
The Commission shall have the duties as prescribed in the ordinances of the City and the Statutes
of the State of Missouri. Any references in the Code of Ordinances in the City of Fenton to
"Commission" shall mean the Planning and Zoning Commission. Appointment, term and
vacancies shall be dealt with as follows:
Membership. The Commission shall consist of two (2) citizen members from each ward of the
City, the Mayor, if the Mayor chooses to be a member within thirty (30) days of taking office,
and a member of the Board selected by the Board, if the Board chooses to have a member
serve on the Commission. If the Board does not select a member to serve on the
Commission, the Board may select a Board member to attend the Commission meetings and
report back to the Board, provided that such Board member shall not be a member nor count
towards quorum of the Commission.
Term. The term of each of the citizen members shall be for four (4) years, except that the
terms of the citizen members first (1st) appointed shall be for varying periods so that
succeeding terms will be staggered, and so that from and after the date of the effectiveness of
this Chapter, and on each anniversary of this Chapter, the terms of two (2) members of the
Commission shall have expired. The term of the Mayor, if the Mayor chooses to be a member,
shall be two (2) years, said term to coincide with the term of the office of the Mayor of the City
of Fenton. The term of the Board member, if the Board chooses to have a member serve on
the Commission, shall be one (1) year, said term to coincide with the municipal general
election, so that the Board shall decide whether the Board shall have a member serve on the
Commission at the first regular Board meeting following the municipal general election or as
soon thereafter as practical.
Vacancy. Any vacancy in a citizen membership shall be filled for the unexpired term by
appointment of the Mayor and approval of the Board. Any vacancy in a Board member, shall
be filled by approval of the Board for the unexpired term.
Removal For Cause. The Board may remove any citizen member for cause stated in writing
and after a public hearing.
Editor's Note: Former Chapter 405, Planning And Zoning Commission, containing Sections 405.010
through 405.090, was repealed 6-27-2019 by Ord. No. 3948.
Section 405.020. Chairman — Adoption Of Rules —
Authorization Of Expenses.
[Ord. No. 3948, 6-27-2019]
The Commission shall select one (1) of its citizen members as Chairman, one (1) as Vice
Chairman and one (1) as Secretary.
The members of the Commission shall adopt such rules and regulations as they deem necessary
for the transaction of their business. Any expense incurred by the Commission for clerical help,
counsel, engineers, consultants or otherwise shall be first authorized by the Board.
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A.
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Section 405.030. Commission To Furnish Board Of Adjustment
With Information.
[Ord. No. 3948, 6-27-2019]
The Director shall serve as liaison to the Board of Adjustment for the Commission and shall furnish
such information to the Board of Adjustment after conferring with the Commission and obtaining other
pertinent information as the Board of Adjustment may require.
Section 405.040. Commission To Recommend District
Boundaries And Regulations.
[Ord. No. 3948, 6-27-2019]
Pursuant to Section 89.010 et seq., RSMo., it shall be the duty of the Commission to recommend to
the Board the boundaries of the various districts and regulations pertaining thereto to the end that the
Board may enact a Zoning Code ordinance for the City.
Section 405.050. Comprehensive Development Plan — Purpose
And Intent.
[Ord. No. 3948, 6-27-2019]
The Commission shall draw up a Comprehensive Development Plan, to be known as "City of
Fenton Comprehensive Development Plan," for division of the City into districts of such number,
size, shape and area as may be best suited for zoning purposes and draw regulations for such
districts governing the erection, construction, reconstruction, alteration or use of buildings,
structures or land.
The Comprehensive Development Plan referred to in Subsection (A) shall be designed to lessen
congestion in the streets; to secure safety from fire, panic and other dangers; to promote health
and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to
avoid undue concentration of population; to facilitate the adequate provisions of transportation,
water, sewage, schools, parks or other public requirements. Such regulations shall be made with
reasonable consideration, among other things, to the character of the district and its peculiar
suitability for particular uses and with a view to conserving the value of property and encouraging
the most appropriate use of land throughout the City.
Section 405.060. Comprehensive Development Plan Map —
Major Street Plan.
[Ord. No. 3948, 6-27-2019]
The Comprehensive Development Plan Map (herein "Plan Map") as prepared in conjunction with
the Comprehensive Development Plan, referred to in Section 405.050, and under the direction of
the Chairperson of the Commission, approved by majority vote of the Commission, shall be kept
on file in the office of the City Clerk and a copy of same duly recorded in the office of the Recorder
of Deeds of St. Louis County pursuant to provisions of Section 89.360, RSMo. Amendments to the
Comprehensive Development Plan, including the Plan Map, shall be made in accordance with the
procedures for adoption of the same pursuant to Section 89.360, RSMo.
All of the planning as shown on the Plan Map of the future development for the City is hereby
expressly approved and ratified and the through streets shown on said Plan Map are duly
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A.
approved and adopted by the Board.
The streets as designated on the Plan Map are hereby designated and adopted as the major
street plan of the City, and all future development within the City shall be in accordance with said
Plan Map as hereby adopted and approved or as may be amended hereinafter in accordance with
the law.
Section 405.070. Commission To Draw Up Regulations.
[Ord. No. 3948, 6-27-2019]
The Commission shall also draw up, pursuant to the plan referred to in Section 405.050 and 405.060,
regulations and restrictions on the height, number of stories and size of buildings and other structures,
the percentage of lots that may be occupied, the size of yards, courts and other spaces, building lines,
the density of population and the locations and uses of buildings, structures and land for trade,
industry, residences or other purposes within the districts established.
Section 405.080. Reports And Hearings.
[Ord. No. 3948, 6-27-2019]
The Commission shall make a preliminary report and hold public hearings in accordance with law
before submitting its final report to the Board.
Section 405.090. Additional Powers And Duties.
[Ord. No. 3948, 6-27-2019]
Meetings. The Commission shall hold a regular monthly meeting at the City Hall, City of Fenton,
on such regular day each month as may be established by resolution of the Commission from time
to time. The Community Development Department shall keep all records of the Commission, be
responsible for maintenance of all of the proceedings of the Commission and shall make a written
report to the Board monthly covering the proceedings of the Commission. In addition to the regular
scheduled monthly meeting, such other meetings shall be held as may be called by the Chairman
or as directed by the Mayor or the Board.
Other Powers And Duties. The Commission shall have such other powers and duties as are or
may be prescribed by the laws of the State of Missouri or the ordinances of the City.
Chapter 410. Board of Adjustment
Editor's Note — Ordinance no. 3001 §1, adopted December 23, 2008, repealed title IV in its entirety.
See editor's note at beginning of title IV.
Section 410.010. Establishment and Organization.
[Ord. No. 3001 §1, 12-23-2008]
A Board of Adjustment is hereby established. The word "Board", when used in this Chapter, shall
be construed to mean the Board of Adjustment. The Board shall consist of five (5) members, all of
whom shall be residents appointed by the Mayor and approved by the Board of Aldermen. The
term of office of the members of the Board shall be for five (5) years, excepting that the
membership of the first (1st) Board appointed shall serve respectively for terms of 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)
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C.
1.
2.
[1]
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A.
B.
for five (5) years. Thereafter, members shall be appointed for terms of five (5) years each.
Vacancies shall be filled for the unexpired term only. Members shall be removed for cause by the
Mayor and Board of Aldermen upon written charges and after public hearing.
The Board shall elect its own Chairman and Vice Chairman who shall serve for one (1) year. The
Board shall adopt from time to time such rules and regulations as it may deem necessary to carry
into effect the provisions of this Chapter.
In addition to the five (5) members of the Board of Adjustment, there shall be three (3) alternate
members, all of whom shall be residents, appointed by the Mayor and approved by the Board of
Aldermen. The term of office of the alternate members of the Board of Adjustment shall be for five
(5) years. Alternate members shall serve in the absence or disqualification of the regular
members. Alternate members shall be removed for cause by the Mayor and the Board of
Aldermen upon written charges and after a public hearing.
The makeup of the Board of Adjustment shall be as follows:
[Ord. No. 3381 §1, 1-23-2014[1]]
Each of the City's wards shall be represented by two (2) of the eight (8) total members and
alternate members; and
Of the five (5) regular members, each ward shall be represented by at least one (1) regular
member.
Editor's Note: Section 2 of this ordinance provided that Subsection D would apply only to
appointments made after passage of this ordinance.
Section 410.020. Meetings.
[Ord. No. 3001 §1, 12-23-2008]
Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board
may determine. Such Chairman, or in his 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, and if
absent or failing to vote, indicating such fact and shall keep records of its examinations and other
official actions, all of which shall be immediately filed in the office of the Board and shall be a public
record. All testimony, objections thereto and rulings thereon shall be taken down by a certified court
reporter employed by the Board for that purpose.
Section 410.030. Variance and Appeal Procedures.
[Ord. No. 3001 §1, 12-23-2008; Ord. No. 3101 §1, 2-25-2010; Ord. No. 3178 §1, 4-28-2011]
Variance requests and appeals to the Board of Adjustment on any matter over which the Board is
hereby specifically granted jurisdiction may be filed by any person aggrieved, by any
neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by
an officer, department or any board or bureau of the City of Fenton affected by any decision of the
Director. Such variance or appeal shall be petitioned within thirty (30) days of such decision by
filing with the Director and with the Board of Adjustment a notice of variance or appeal specifying
the grounds thereof. The Director shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from is taken.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Director
certifies to the Board after the notice of appeal shall have been filed with him that by reason of
facts stated in the certificate, a stay would, in his opinion, cause imminent peril of life or property.
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In such case, proceedings shall not be stayed otherwise than by a restraining order which may be
granted by the Board of Adjustment or a court of record on application or notice to the Director.
Notice For Hearing. The petition is to be filed at the Community Development Department within at
least thirty (30) days before a meeting is scheduled, unless prior written approval is granted by the
Director. The Director shall review the petition as to form. Upon review if it is deemed complete,
the Director shall refer the matter to the Board of Adjustment.
The petition shall be set for public hearing before the Board of Adjustment within sixty (60) days.
The Director shall cause public notice of such hearing to be given. The notice procedure shall be
as follows:
The Board shall fix a reasonable time for the hearing of the variance or appeal, give not less
than fifteen (15) days' public notice thereof in a newspaper of general circulation and post
such notice within the City and areas affected, as well as give due notice to the parties in
interest and decide the same within a reasonable time. At the hearing, any party may appear
in person or by agent or by attorney. In addition, the City will be responsible for notifying all
owners of property within three hundred (300) feet of the subject property by mail of the
application and hearing date. Said notice shall be postmarked at least five (5) days prior to
the scheduled public hearing. In the event the petitioner seeks more than one (1) continuance
of any published or notified hearing, the petitioner shall be responsible for reimbursement of
any re-publication and/or mailing notification costs prior to any action by the Board of
Adjustment.
Such notice shall contain the approximate street location or address, the name of the person
seeking such variance, relief or appeal, the present zoning classification and the relief from
hardship of strict interpretation of the Zoning Code regulations.
In addition to the above, the Director shall cause a sign or signs, not less than two (2) feet
high by three (3) feet wide, to be placed on all parcels of land on which an application for a
variance or an appeal has been filed with the Board of Adjustment.
Sign or signs shall be placed on such parcels of land at a point nearest to the right-of-
way of any street or roadway abutting such parcel and so as to be clearly visible to the
traveled portion of such street or roadway. The Director shall determine the number of
additional signs to be placed that may be necessary to carry out the intent of this Code.
All signs shall have letters not less than two and one-half (2 1/2) inches in height and not
less than three-eighths (3/8) inch in width with the following: "PUBLIC HEARING."
[Ord. No. 3410 §1, 4-24-2014]
The Director may provide for such additional information to be placed on any such sign
which would serve to fully inform the public as to the nature of such a variance or an
appeal pending before the Board of Adjustment.
Any person or persons, firm, association or corporation who shall remove, mar, scratch,
obliterate or in any manner deface, hide from view or tamper with any such sign or signs
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as set
out in Section 100.060 of this Code.
It shall not be necessary to publish notice or hold public hearings on amendments to this
Code pertaining to procedural matters and to the duties and powers of officials, officers,
boards, commissions and bureaus in carrying out the regulations of this Code.
A fee as set forth in Addendum "A" shall be paid at the time the notice of appeal is filed.
Section 410.040. Powers.
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[Ord. No. 3001 §1, 12-23-2008]
The Board of Adjustment shall have the following powers:
To hear and decide appeals where it is alleged there is an error in any order, requirement,
decision or determination made by an administrative official in the enforcement of these
Sections or of any ordinance adopted pursuant thereto;
To hear and decide all matters referred to it or upon which it is required to pass under such
ordinance;
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 use, 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.
Section 410.050. Appeals To The Board.
[Ord. No. 3001 §1, 12-23-2008]
In exercising the above powers, the Board may, in conformity with the provisions of this Title, reverse
or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed
from and make such order, requirement, decision or determination as ought to be made and to that
end shall have all the powers of the officer from whom the appeal is taken. In considering all appeals to
this Chapter, the Board shall, before making any finding in a specific case, first determine that the
proposed change will not constitute a change in the District Map and will not impair an adequate
supply of light and air to adjacent property or increase congestion in public streets or increase the
danger of fire or materially diminish or impair established property values within the surrounding area
or in any other respect impair the public health, safety, comfort, morals and welfare of the City of
Fenton. Every change granted or denied by the Board shall be accompanied by a written finding of fact
based on sworn testimony and evidence specifying the reason for granting or denying the variation.
The decision of the Board shall be made a part of any building permit in which variation is allowed.
Section 410.060. Variations — Decision of The Board.
[Ord. No. 3001 §1, 12-23-2008]
The concurring vote of four (4) members of the Board shall be necessary to reverse any order,
requirement, decision or determination of the Director or to decide in favor of the applicant on any
matter upon which it is required to pass under this Chapter or to effect any variation in this Title.
Section 410.070. Appeals From The Board's Decision.
[Ord. No. 3001 §1, 12-23-2008]
Any person or persons jointly or severally aggrieved, 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 by any decision of the Board of Adjustment or any officer, department,
board or bureau of the City of Fenton may present to the Circuit Court having jurisdiction in St.
Louis County a petition, duly verified, stating that such decision is illegal in whole or in part,
specifying the grounds of the illegality and asking for relief therefrom. Such petition shall be
presented to the court within thirty (30) days after the filing of the decision in the office of the
Board.
Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board
for review of the data and records acted upon or it may appoint a referee to take additional
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evidence in the case. The court may reverse or affirm or may modify the decision brought up for
review.
Costs shall not be allowed against the Board, unless it shall appear to the court that it acted with
gross negligence or in bad faith or with malice in making the decision appealed from.
Section 410.080. Reapplication.
[Ord. No. 4091, 1-28-2021]
In the event the Board of Adjustment denies a variance request or an appeal, such decision is res
judicata as to that applicant and property, and no request for the same property may be presented to
the Board of Adjustment unless the Director in consultation with the City Attorney finds that the
application presents a different request or there has been a change of circumstances or new evidence
not available during review of the original variance or appeal hearing. No informal requests for advice,
reconsideration of the same question, or moot questions will be considered by the Board of Adjustment
or any individual member of the Board of Adjustment.
Chapter 415. Zoning Districts
Section 415.010. Classification Of Districts.
[Ord. No. 3890, 1-24-2019[1]]
The purpose of classifying Districts is to regulate and/or restrict:
The location of trades, residences, and buildings and structures designed for specific uses;
The height and bulk of buildings hereafter erected or structurally altered;
The intensity of the use of the lot areas;
The areas of yards; and
Other open spaces within and surrounding such buildings and structures.
To ensure that the City keeps within the spirit and intent of this Code, the City is hereby divided
into the following Districts:
"R-1"Single-Family Residential District
"R-2"Single-Family Residential District
"R-3"Single-Family Residential District
"R-4"Single-Family Residential District
"PG"Public and Governmental District
"PR"Parks and Recreation District
"OT-1"Olde Towne District
"OT-2"Olde Towne District
"OT-3"Olde Towne District
"OT-4"Planned Olde Towne District
"OT-5"Olde Towne District
"BP-1"Business Park District
"BP-2"Business Park District
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"BP-3"Business Park District
"BP-4"Planned Business Park District
"C-1"Commercial District
"C-2"Commercial District
"CP-1"Commercial Park District
"HP-1"Hospitality Park District
"IP-1"Industrial Park District
"PID"Planned Industrial Development District
Editor's Note: Former Chapter 415, Zoning Districts, containing Sections 415.010 through 415.050, was
repealed 1-24-2019 by Ord. No. 3890.
Section 415.020. Interpretation, Purpose, And Conflicts.
[Ord. No. 3890, 1-24-2019]
The interpretation and application of the provisions of this Code shall include that the provisions
are to be held to the minimum requirements for the promotion of the public health, convenience,
comfort, morals, prosperity, and general welfare.
Wherever the regulations of this Code require a greater width or size of yards, courts or other
open spaces, or require greater percentage of lot to be left unoccupied, or require a lower density
of population, or require a more restricted use of land, or impose other higher standards than are
required in any other order or regulations, these regulations shall govern.
Section 415.030. Scope Of Restrictiveness.
[Ord. No. 3890, 1-24-2019]
Alterations Of Buildings And/Or Land.
Except as provided within this Code, no building and/or land shall be erected, converted,
enlarged, reconstructed, 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.
No building and/or land shall be erected, converted, enlarged, reconstructed, or structurally
altered to exceed the height limit herein established for the zoning District in which the
building and/or land is located.
Except as provided within this Code, no building and/or land shall be erected, converted,
enlarged, reconstructed, or structurally altered except in conformity with the area regulations
of the zoning District in which the building and/or land is located.
Every building hereafter erected or structurally altered shall be located on a lot as herein
defined and in no case shall there be more than one (1) principal building on one (1) lot
except as otherwise provided in this Code.
No building shall be erected or structurally altered except in conformity with the off-street
parking and loading regulations of this Code.
Yard Regulations. The yard regulations and the density of population provisions required by this
Code are minimum regulations for each and every building.
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Conditions Of Use. Except as otherwise permitted herein or set forth in other codes and
ordinances of the City, all activities within a non-residential District shall be conducted wholly
within an enclosed area, except as allowed by permitted uses and use permitted under a Special
Use Permit.
Section 415.040. Range Of Restrictiveness.
[Ord. No. 3890, 1-24-2019]
For the purpose of this Code, the "R-1" Single-Family Residential District is considered the most
protective zoning District within the City and the "IP-1" Industrial Park District is considered the least
protective. The range of restrictiveness follows the descending order of Districts as previously
mentioned.
Section 415.050. Official Zone District Map And Boundary
Regulations.
[Ord. No. 3890, 1-24-2019]
The locations and boundaries of the approved Districts are shown upon the City of Fenton's
Official Zone District Map, attached hereto and made a part of this Title. The Official Zone District
Map, together with all officially authorized notations, references, and other information shown
thereon and all amendments thereto, shall be part of this Title and shall have the same force and
effect as if the Official Zone District Map, together with all notations, references and other
information shown thereon, were fully set forth and described herein.[1]
Editor's Note: The Official Zone District Map is on file in the City offices.
The Director or his/her designee shall maintain the Official Zone District Map and shall be
responsible for making any officially approved changes thereto.
Whenever any street, alley, or other public way is vacated by official action of the Board, the
zoning District adjoining each side of each street, alley or public way shall be automatically
extended to the center of such vacation and all area included in the vacation shall then be subject
to all appropriate regulations of the extended Districts.
Where uncertainty exists with respect to the boundaries of the various Districts as shown on the
Official Zone District Map, the following rules shall apply:
Where the District boundaries are either streets or alleys unless otherwise shown and where
the Districts designated on the Official Zone District Map are bounded approximately by street
or alley lines, the center line of such street or alleys shall be construed to be the boundary of
the District.
Where the District boundaries are not otherwise indicated, and where the property has been
or may be divided into blocks and lots, the District boundary shall be construed to be the lot
lines. Where the Districts designated on the Official Zone District Map are bounded
approximately by lot lines, the said lot lines shall be construed to be the boundary of the
Districts unless the boundaries are otherwise indicated on the Official Zone District Map.
In the case of unsubdivided property, the District boundary lines on the Official Zone District
Map shall be determined by the use of the scale appearing on the Official Zone District Map.
All territory which may hereafter become a part of the incorporated area of the City of Fenton,
Missouri, by the annexation of any adjacent or additional area shall be classified as lying and
being in the zoning Districts of the City of Fenton, Missouri.
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Properties with zoning classifications under the St. Louis County Zoning Code in effect at the time
of annexation shall be the zoning classification assigned by St. Louis County until such time that
the City rezones such newly annexed properties. When possible, the City shall rezone such
property at the same time the property is annexed into the boundaries of the City of Fenton.
All areas within the boundaries of the City of Fenton, Missouri, which are underwater and not
shown as included with any District shall be subject to all the regulations of the District which
immediately adjoins the water area. If the water area adjoins two (2) or more Districts, the
boundaries of each District shall be construed to extend into the water area and in a straight line
until they meet the other Districts.
The City may from time to time formally amend the Official Zone District Map of the City by
ordinance as may be deemed appropriate in the public interest. Such ordinance shall be adopted
in accordance with the mandatory requirements for amending zoning District boundaries and
regulations as set forth in Sections 89.050 through 89.060, RSMo., and once approved, the
Director, or his/her designee, shall be authorized to amend the Official Zone District Map
accordingly. Any revisions made to the Official Zone District Map thereafter by the Director, or
his/her designee, as authorized by this Section 415.050(H) shall include the placement on the
Map of the date to which the Map has been revised.
Chapter 420. Zoning Districts - General Information
Section 420.010. Non-Conforming Uses Or Structures.
[Ord. No. 3865, 10-25-2018[1]]
In General. This Section governs non-conforming uses or structures, as defined by Section
400.030.
General Provisions.
Structures may be built on lots of record that were made non-conforming by this Code as to
size, width or area; provided, however, that such structures shall conform to setbacks and
other regulations of the Zoning District in which the property is located.
No non-conforming use shall be enlarged or extended unless such use is changed to a
permitted use and complies with the requirements in the Zoning District in which the use is
located. No non-conforming structure shall be enlarged, reconstructed, or structurally altered
unless it is brought into compliance with the requirements in the Zoning District in which the
structure is located, except as otherwise provided herein.
No non-conforming structure or use shall be moved in whole or in part for any distance
whatsoever to any other location on the same or any other lot unless the entire structure or
use shall thereafter conform to the provisions of the Zoning District in which it is located after
being moved.
The existence of any present non-conforming use or structure anywhere in the City shall not
be considered grounds for issuance of a variance at another location.
The number of dwelling units in a non-conforming residential dwelling shall not be increased.
If a non-conforming structure is damaged by fire, explosion, acts of God or public rioting to the
extent of sixty percent (60%) or less of its reconstruction value as determined by data in the
office of the Assessor of St. Louis County, it may be restored and not lose its non-conforming
status; provided, however, that its restoration may not result in the structure or its non-
conformity being enlarged.
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Ordinary Repair And Maintenance.
The normal maintenance and repair or the replacement, installation, or relocation of non-
bearing partitions, fixtures, wiring, or plumbing may be performed on any structure that is non-
conforming or that contains a non-conforming use. Neither this nor any other provision of this
Section shall be interpreted to authorize any increase in the size or degree of the non-
conforming use or structure.
Nothing in this Section shall be deemed to prevent the strengthening or restoring of a
structure to a safe condition in accordance with an order of a public official who is charged
with protecting the public safety and who declares such structure to be unsafe and orders its
restoration to a safe condition.
Non-Conforming Accessory Uses. No use or structure which is accessory to a principal non-
conforming use or structure shall continue after such principal use or structure ceases or is
discontinued.
Discontinuance Of Non-Conforming Use Or Structure.
In the event the non-conforming use or use of a non-conforming structure is discontinued for
a period of nine (9) months, regardless of an intent not to abandon or to again resume such
use or occupy or use such structure, any subsequent use or occupancy or use of such
structure shall comply with provisions of this Code including those of the Zoning Districts in
which the structure or use is located.
Where no enclosed structure is involved, in the event the non-conforming use or use of the
non-conforming structure is discontinued for a period of three (3) months, regardless of an
intent not to abandon or to again resume such use or occupy or use such structure, any
subsequent use or occupancy or use of such structure shall comply with provisions of this
Code including those of the Zoning Districts in which the structure or use is located.
Nothing in this Code shall prevent the continuance of a non-conforming use or structure as
authorized in this Code, unless a discontinuance is necessary for the safety of life and
property.
Transfer Of Ownership. A non-conforming use or structure or the property on which such is
located may be sold or transferred by its owner or any future owner or owners, and such new and
future owner and owners shall be entitled to continue the non-conforming use or structure in
conformance with this Section.
Editor's Note: Former Chapter 420, Zoning Districts — General Information, containing Sections
420.010 through 420.040, was repealed 10-25-2018 by Ord. No. 3865.
Section 420.020. Procedures For Obtaining A Special Use
Permit.
[Ord. No. 2865, 10-25-2018]
Purpose. Certain land uses and developments present unique needs with respect to their proper
location and relationship to other land uses. Within various Zoning Districts, certain uses may be
permitted by Special Use Permit after analysis and judgment of the consequences of each such
development by the Commission to ensure that the public health, safety and general welfare are
protected and preserved.
Procedure. The following procedure shall be implemented in the consideration and determination
of the issuance or non-issuance of the Special Use Permit:
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Applications for Special Use Permits shall be filed with the Community Development
Department at least thirty (30) days before the next regularly scheduled Commission meeting,
unless prior written approval is granted by the Director upon good cause shown by the
applicant. The application shall be on City forms and shall specify the locations of the
building, the height, the area and shall include a site plan for the lot. The site plan shall
include a legal description, lot and building footing dimensions, appropriate zone district
setbacks, landscaping and parking requirements, contours and drainage ways, proposed or
existing easements, public improvements and, if possible or necessary, an artist's rendering in
the horizontal view. The application shall specify the use sought to be permitted by the
Special Use Permit. The Director may require submittal of a traffic study when deemed
appropriate. The application shall further state why the use is needed and the applicant's
opinion as to the effect of the use on surrounding properties. At the time that the application is
filed, a fee shall be paid to the City of Fenton. The fees for Special Use Permits shall be set
forth in Addendum "A" to Title IV.
Each such application shall be verified by at least one (1) of the owners or authorized
representatives of the owners of property requesting the Special Use Permit, attesting to the
truth and correctness of all facts and information presented with the application.
The Director Shall Review The Application As To Form. Upon the determination by the
Director that the form of the application is appropriate and all required information has been
provided, the Director will present the matter to the Commission. The application shall be set
for hearing before the Commission within sixty (60) days of the date of the filing of a complete
application. The notice of the hearing shall include the posting of public notice on the affected
property; publication for no less than fifteen (15) days preceding the hearing in a newspaper
of general circulation within the area of the City of Fenton. In addition, the City will be
responsible for notifying all owners of property within three hundred (300) feet of the subject
property by mail of the application and hearing date. Said notice shall be postmarked at least
five (5) days prior to the scheduled public hearing. In the event the petitioner seeks more than
one (1) continuance of any published or notified hearing, the petitioner shall be responsible
for reimbursement of any re-publication and/or mailing notification costs prior to any action by
the Commission.
In addition to the above, the Director shall cause a sign or signs, not less than two (2) feet
high by three (3) feet wide, to be placed on all parcels of land on which an application for a
special permit has been filed with the Commission.
Sign or signs shall be placed on such parcels of land, at a point nearest to the right-of-
way of any street or roadway abutting such parcel and so as to be clearly visible to the
traveled portion of such street or roadway. The Director shall determine the number of
additional signs to be placed that may be necessary to carry out the intent of this Code.
All signs shall have letters not less than two and one-half (2 1/2) inches in height and not
less than three-eighths (3/8) inch in width with the following: "PUBLIC HEARING."
The Director may provide for such additional information to be placed on any such sign
which would serve to fully inform the public as to the nature of such special permit
pending before the Commission.
Any person or persons, firm, association or corporation who shall remove, mar, scratch,
obliterate or in any manner deface, hide from view or tamper with any such sign or signs
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as set
out in Section 100.060 of this Code.
Failure to comply with any additional notice or posting requirements of this Section which are
greater than required by State law shall not be a basis for invalidation of any approval or
enactment.
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The Commission, after public notice, shall conduct a hearing at which the applicant shall
present such information, as the applicant deems necessary, to substantiate its request for a
Special Use Permit. The Commission shall hear any person wishing to speak in favor of the
application after which time the Commission shall hear any person wishing to speak in
opposition to the application, after which time the applicant may address or rebut any issues
presented by the opposition. The Commission shall then close the public participation portion
of the hearing. The Commission shall thereafter conduct a deliberation and discussion of the
application, giving due consideration to the following:
Said use is designated, located and proposed to be operated in a manner that the public
health, safety and general welfare will be protected.
Visual compatibility with adjacent land uses and surrounding area, including building
height, form, materials and landscaping.
Accessibility of the property to police, fire, refuse collection and other municipal services;
adequacy of ingress to and within the site; traffic control; adequacy of off-street parking.
Said use will not cause substantial injury to the value of adjacent parcels or other
property in the surrounding area.
The use authorized by Special Use Permit will conform to the applicable regulations of
the district in which it is to be located.
These discussions shall be in public forum, but no public participation shall be allowed. After
review and deliberation, a simple majority of the Commission is required to pass the
proposition. If the proposition does not have a simple majority vote, the proposition fails and
shall be taken as a negative recommendation.
The Commission shall communicate the results of its vote to the Board and may further
communicate its reasons for recommending approval and/or its reasons for making a
negative recommendation. The Commission shall also recommend special conditions, if any,
to the Board.
The failure of the Commission to act within ninety (90) days after the date of submission of a
complete application for the Special Use Permit in proper form to the Director shall be
deemed approval and such application shall then be submitted directly to the Board.
After the Commission has advised the Board of its recommendation of approval or negative
recommendation, the Board shall review the recommendation of the Commission, after which
time the Board shall consider the issuance of the Special Use Permit by ordinance. Said
ordinance shall be proposed and sponsored in the manner of all other ordinances and shall
require a majority of the Board to enact. The Special Use Permit permitted by ordinance shall
contain the special terms and conditions of the Special Use Permit which shall be strictly
adhered to by the applicant.
The permitted special use shall be reviewed annually by the Director to assure that the use
and building are in compliance with the terms of the Special Use Permit. If the Director
determines non-compliance with the Special Use Permit, notice of non-compliance shall be
forwarded to the holder of the Special Use Permit. Failure to achieve compliance within a
reasonable time, but not less than ten (10) days' notice of the Director shall be deemed cause
to terminate the Special Use Permit. Upon thirty (30) days' notice, the Commission may
cause a hearing to be held to determine whether or not the property or use is in compliance,
and if deemed to be in non-compliance the Commission may recommend to the Board
termination of the Special Use Permit. The Board by ordinance may terminate the Special
Use Permit acting upon the recommendation of the Commission.
Section 420.030. Procedures For A Change In Zoning.
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[Ord. No. 2865, 10-25-2018]
Whenever the public necessity, convenience, general welfare and good zoning practice require, the
Board may order, after a public hearing, report thereon by the Commission and subject to the
procedure provided in this Code, an amendment, supplement or change in the regulations, zoning
district boundaries or classification of property. Amendment, supplement, re-classification or change
(including special permits) may be initiated by the Chairperson of the Commission, the Director, the
Board or by a verified application of one (1) or more of the owners or authorized representatives of the
owners of property within the area proposed to be changed.
Section 420.040. Petitions For Change, Filing Fee, Form And
Contents.
[Ord. No. 2865, 10-25-2018]
Process For Filing Petitions. The following procedure shall be implemented for filing a petition:
Petitions for any change of zoning, boundaries or any reclassification of zones as shown on
the official Zone District Map shall be addressed to the Board and filed with the Community
Development Department at least thirty (30) days before the next scheduled Commission
meeting, unless prior written approval is granted by the Director upon good cause shown by
the applicant. The petition shall specify the location of the proposed change in zoning and as
necessary include the height, area and site plan for the lot. The site plan, if provided, shall
include a legal description, lot and building footing dimensions, appropriate zone district
setbacks, landscaping and parking requirements, contours and drainage ways, proposed
easements, public improvements and, if possible or necessary, an artist's rendering in the
horizontal view. At the time the petition is filed, a fee shall be paid to the City of Fenton. The
fees for a change in zoning shall be as set forth in Addendum "A" to Title IV.
The petition will be on City forms and accompanied by such data and information which may
be prescribed for by the Commission or Director so as to assure the fullest practicable
presentation of facts for the Commission to consider in their review. Upon receipt at the
department, the Director shall review the application as to form. Upon determination of the
Director that the form of the application is appropriate and all necessary information is
provided, the Director will present the matter to the Commission.
Each such petition shall be verified by at least one (1) of the owners or authorized
representatives of the owners of property within the area proposed to be changed, attesting to
the truth and correctness of all facts and information presented with the application.
Notice For Hearing. The petition shall be set for public hearing before the Commission within sixty
(60) days of the date of the filing of a complete petition. The Director shall cause public notice of
such hearing to be given. The notice procedure shall be as follows:
Fifteen (15) days' notice of the time and place of such hearing shall be published in at least
one (1) newspaper having general circulation within the City. In addition, for development-
initiated change of zoning petitions, the City will be responsible for notifying all owners of
property within three hundred (300) feet of the subject property by mail of the application and
hearing date. Said notice shall be postmarked at least five (5) days prior to the scheduled
public hearing. In the event the petitioner seeks more than one (1) continuance of any
published or notified hearing, the petitioner shall be responsible for reimbursement of any re-
publication and/or mailing notification costs prior to any action by the Commission; For non-
development-initiated changes in zoning (i.e., text amendments or Zoning Code revisions),
notice of the time and place of such hearing shall be published in a newspaper of general
circulation at least fifteen (15) days in advance, supplemented by announcement in the City's
monthly newsletter and/or website.
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D.
In addition to the above, the Director shall cause a sign or signs, not less than two (2) feet
high by three (3) feet wide, to be placed on all parcels of land on which an application for a
zoning change has been filed with the Commission.
Sign or signs shall be placed on such parcels of land at a point nearest to the right-of-
way of any street or roadway abutting such parcel and so as to be clearly visible to the
traveled portion of such street or roadway. The Director shall determine the number of
additional signs to be placed that may be necessary to carry out the intent of this Code.
All signs shall have letters not less than two and one-half (2 1/2) inches in height and not
less than three-eighths (3/8) inch in width with the following: "PUBLIC HEARING."
The Director may provide for such additional information to be placed on any such sign
which would serve to fully inform the public as to the nature of such a zoning change
pending before the Commission.
Any person or persons, firm, association or corporation who shall remove, mar, scratch,
obliterate or in any manner deface, hide from view or tamper with any such sign or signs
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as set
out in Section 100.060 of this Code.
It shall not be necessary to publish notice or hold public hearings on amendments to this
Code pertaining to procedural matters and to the duties and powers of officials, officers,
boards, commissions and bureaus in carrying out the regulations of this Code. Failure to
comply with any additional notice or posting requirements of this Section which are greater
than required by State law shall not be a basis for invalidation of any approval or enactment.
Such notice shall contain the approximate street location or address, the name of the person
seeking such zoning change, the present zoning classification and the zoning classification
sought or the nature and reason of such request.
Public Hearing And Decision. The Commission, after public notice, shall conduct a hearing at
which the applicant shall present such information, as the petitioner deems necessary, to
substantiate its request for a change in zoning. The Commission shall hear any person wishing to
speak in favor of the petition, after which time the Commission shall hear any person wishing to
speak in opposition to the petition, after which time the petitioner may address or rebut any issues
presented by the opposition. The Commission shall then close the public participation portion of
the hearing. The Commission shall thereafter conduct a deliberation and discussion of the petition.
This discussion shall be in a public forum, but no public participation shall be allowed. After review
and deliberation, the Commission shall vote whether to grant the change in zoning. A simple
majority of the Commission is required to pass the proposition. If the proposition does not have a
simple majority vote, the proposition fails and shall be taken as a negative recommendation. The
Commission shall communicate the results of its vote to the Board and may further communicate
its reasons for recommending approval and/or its reasons for making a negative recommendation.
After the Commission has advised the Board of its recommendation of approval or negative
recommendation, the Board shall review the recommendation of the Commission, after which time
the Board shall consider the petition by ordinance. Said ordinance shall be proposed and
sponsored in the manner of all other ordinances and shall require a majority of the Board to enact.
Appeal/Protest. In case of written protest against any change in zoning regulations, restrictions or
boundaries signed and acknowledged by the owners of thirty percent (30%) or more either of the
areas of the land (exclusive of streets and alleys) included in such proposed change or within an
area determined by lines drawn parallel to a two hundred fifty (250) foot distance from the
boundaries of the district proposed to be changed, such amendment shall not become effective
except by the favorable vote of two-thirds (2/3) of the full Board of Aldermen. The provisions of this
Section shall apply equally to all changes or amendments.
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1.
A.
Section 420.050. Reapplication.
[Ord. No. 4091, 1-28-2021]
In the event that the Board of Aldermen denies an application under Section 420.020, 420.030, or
420.040 of this Chapter, a reapplication for the purposes of further review of the same application shall
not be accepted by the City until twelve (12) months following the date of final action on the original
application has elapsed, unless it can be shown to the satisfaction of the Director that substantial new
evidence not available during review of the original application will be presented.
Chapter 421. Planned Unit Development
Editor's Note — Ordinance no. 3001 §1, adopted December 23, 2008, repealed title IV in its entirety.
See editor's note at beginning of title IV.
Section 421.010. Scope of Provisions.
[Ord. No. 3001 §1, 12-23-2008]
This Chapter contains the regulations of the planned unit development procedure. These regulations
are supplemented and qualified by additional general regulations appearing elsewhere in this Title
which are incorporated as part of this Chapter by reference.
Section 421.020. Statement of Intent/Purpose.
[Ord. No. 3001 §1, 12-23-2008]
The intent of this Chapter is to provide a voluntary and alternate zoning procedure in the "R-1", "R-2"
and "R-3" Residential Zone Districts and the "OT-1" Olde Towne Historic Zone District in order to
permit flexibility in building types and arrangements that would not be possible under the strict
application of the zoning district; encourage a creative approach to the use of land and related physical
facilities that results in better development and design to preserve existing site topography, major tree
cover and natural water features on and adjacent to the development to the extent reasonably
possible; and contribute to enhancement of the City's urban design, with particular attention to
adaptation to abutting neighborhoods and roadway systems under conditions of approved site and
development plans.
Section 421.030. Applicable Zoning Districts.
[Ord. No. 3001 §1, 12-23-2008]
The planned unit development procedure may be utilized for developments containing not less than
seven (7) acres in the "R-1", "R-2" and "R-3" Residential Zone Districts and not less than four (4) units
in the "OT-1" Olde Towne Historic District.
Section 421.040. Authorized Developments and Limitations.
[Ord. No. 3001 §1, 12-23-2008]
The planned unit development procedure may authorize the following development types and
standards.
Any use permitted in the zoning district within which the planned unit development lies,
however, attached single-family homes with no more than two (2) units per structure may be
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2.
a.
b.
3.
(1)
(2)
(3)
a.
b.
4.
A.
approved in the "R-2" and "R-3" zoning districts or more than four (4) units in the "OT-1"
zoning district.
Any use allowed by special use permit in the zoning district within which the planned unit
development lies provided a special use permit is issued.
Lot area, yard setback and height requirements shall be as established in the ordinance
authorizing the planned unit development with the following restrictions:
Setbacks along boundary lines of a planned unit development and off-street parking
requirements applicable in any district shall in no event be diminished by the Planning
and Zoning Commission. Said setbacks shall apply to all lots contiguous with or within
fifty (50) feet of the boundary line of the development. For planned unit developments
within the "R-2" or "R-3" residential districts, a landscape buffer of not less than thirty (30)
feet in depth shall be provided adjacent to all abutting residentially zoned property,
wherein lots do not comply with the minimum size of the underlying district. The Planning
and Zoning Commission may require that open parking spaces be depressed below the
grade of the remainder of the property or screened by walls, fences or plant material or
by both methods in order to preserve and complement the general character of any
existing developments on adjacent properties.
Primary access shall be from roads and walkways within the development and the uses
shall be oriented to and coordinated with the total development.
The planned unit development shall not contain more units than would be permitted under the
regulations of the residential zone district in which this development is allowed; however in no
case shall the minimum lot size in the "R-1" be less than twenty thousand (20,000) square
feet; in the "R-2" less than ten thousand (10,000) square feet; in the "R-3" less than seven
thousand five hundred (7,500) square feet or less than six thousand (6,000) square feet in the
"OT-1" Olde Towne Historic District.
The maximum number of lots or units allowable in residential districts shall be calculated
by dividing the net area of the development by the minimum lot area requirement for a
residential unit of the zone district in which the subdivision is located. The net area is the
gross area of the development minus the following:
Land within special flood hazard areas inundated by a 100-year flood (i.e., plain and
floodway Zones "A", "AE", "AH", "AO", "A99") as determined by the Federal
Emergency Management Agency.
All public or private street right-of-way.
Area for detention areas as measured ten (10) feet back from the high water
elevation for any detention basin.
The maximum number of lots within the "OT-1" zone district shall be dependent on each
lot containing not less than six thousand (6,000) square feet, exclusive of land area
included within above items (4)(a)(1), (2) or (3).
Section 421.050. Planned Unit Development Procedures.
[Ord. No. 3001 §1, 12-23-2008]
Procedures for filing, review and approval of the planned unit development procedure shall be
made on forms provided by the City and shall be accompanied by the required plats and
documents as follows:
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a.
b.
c.
1.
a.
(1)
(2)
(3)
(4)
(5)
b.
2.
3.
4.
Pre-application procedures. Prior to filing an application for an approval of a planned unit
development, the developer may request an informal meeting with the Director, City
Administrator and other City Officials as appropriate to discuss the proposed development.
The pre-application conference is not mandatory and does not require formal application, fees
or filing of a planned unit development plat. The items to be discussed may include the
following:
General site information. Data regarding site conditions, land characteristics, available
community facilities and utilities, existing covenants and other related general information
about surrounding land uses.
Sketch plan. A drawing in simple sketch form showing the proposed location and extent
of the land uses, major streets, lots and other features as they relate to the City.
Legal description. A property survey and legal description of the site proposed for
development.
Preliminary plat procedures. Application for a planned unit development for a specific tract of
land shall be initiated by the filing of a verified application by the owner or owners of record, or
owners under contract of a lot or tract of land or their authorized representatives. Application
shall be addressed to the City of Fenton Planning and Zoning Commission and submitted to
the Community Development Department upon forms prescribed for such purpose and
accompanied by the following:
Fees include change of zoning and subdivision review per requirements of Addendum
"A", Fees.
Copies of the proposed plat in the quantities required shall be submitted including the
details and supporting information listed in Section 480.060(E) of the City of Fenton
subdivision ordinance and shall also include the following:
The name, address, seal and signature of the preparer of the plat.
The locator number, zoning, acreage, graphic scale, north arrow, location and date.
Existing and proposed contours at vertical intervals of not more than five (5) feet
referred to sea level datum.
The location of all watercourses including lakes and ponds within two hundred (200)
feet including the 100-year floodplain and the floodway where applicable.
The location of existing and proposed water lines, sanitary sewer lines and
stormwater drainage lines and structures, gas, electric, cable, telephone and other
utility connections.
Preliminary plat public hearing. A public hearing on the petition shall be held by the Planning
and Zoning Commission in the same manner and with the same public notice procedures as
required for the change of zoning (Section 420.040) and preliminary plat requirements
(Section 480.060(D)(2)) and landscaping requirements (Section 445.020) of the Fenton
Municipal Code. The public hearing shall be held within sixty (60) days of verification that the
application meets the minimum application requirements as determined by the Director.
Recommendation of the Planning and Zoning Commission. Following the aforesaid public
hearing and review of the preliminary planned unit development plat and supporting data for
conformity with these regulations, the Planning and Zoning Commission shall, within sixty (60)
days, recommend approval, modification or disapproval of the proposal. The
recommendations shall state the reasons underlying their decision and a report documenting
the findings shall be issued on behalf of the Planning and Zoning Commission by the Director.
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a.
b.
c.
d.
a.
b.
5.
a.
b.
c.
6.
The Planning and Zoning Commission's recommendation shall be based upon whether the
planned unit development proposal is:
Consistent with good general planning practice and with good site planning;
Can be constructed and operated in a manner that is not detrimental to the permitted
uses in the district;
Would be visually compatible with the uses within the surrounding area; and
Is deemed desirable to promote the general health, safety and welfare of the City of
Fenton.
The Planning and Zoning Commission shall also consider the architectural,
landscape and other relationships which may exist between the proposed
development and the character of the surrounding neighborhood and shall
prescribe and require such physical treatment such as screening, buffers or
other features as will, in its opinion, enhance the neighborhood character.
Board of Aldermen action on the preliminary plat.
The Director shall write a recommendation on behalf of the Planning and Zoning
Commission to the Mayor and Board of Aldermen based upon the review of the
preliminary plans and supporting documents filed with the plans. The report shall include
the recommendation including any conditions of approval or reasons for denial. The
Board of Aldermen may uphold or reverse the decision of the Planning and Zoning
Commission.
The Mayor and Board of Aldermen, after receipt of the preliminary plat and
recommendation from the Planning and Zoning Commission, shall, within sixty (60) days,
approve or disapprove the preliminary plat and, if approved, shall pass an ordinance
authorizing the planned unit development. Said ordinance shall authorize the
development and outline the parameters and conditions allowing the development. In
case of disapproval the Commission shall communicate its reasons to the Board of
Aldermen, and the Board, by vote of not less than two-thirds (2/3) of its entire
membership, may overrule the disapproval and, upon the overruling, the Board or the
appropriate board or officer may proceed, except that if the public facility or utility is one
the authorization or financing of which does not fall within the province of the Board, then
the submission to the Commission shall be by the Board having jurisdiction, and the
Commission's disapproval may be overruled by that Board by a vote of not less than two-
thirds (2/3) of its entire membership.
Effect of the preliminary plat approval.
Approval of a preliminary plat for a planned unit development shall not constitute
approval of the final plat. Rather, it shall be deemed an expression of approval of the
layout submitted on the preliminary plat as a guide to the preparation of the final plat, or if
development is to be staged, of the first (1st) stage of the final plat.
The developer shall submit the final plat within one (1) year after approval of the
preliminary plat for approval by the City and subsequent recording upon fulfillment of the
requirements of these regulations and conditions of the preliminary plat approval. The
final plat shall be approved as the final land use if it conforms to the preliminary plat and
corresponding ordinance. The preliminary plat and final plat may be filed and approved
simultaneously if all requirements hereof are met.
Preliminary plat approval does not constitute acceptance of roads or other land or
facilities to be dedicated nor can building permits be issued for any structure. In general,
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1.
2.
3.
4.
5.
A.
B.
1.
2.
3.
A.
preliminary plat approval shall conform to the requirements of Section 480.060(D)(3).
Section 421.060. Site Improvement Plans.
[Ord. No. 3001 §1, 12-23-2008]
Improvement plans are to be submitted to the Director for review and conformance with the
approved preliminary plat. Construction plans for the planned unit development shall be at a scale
of one (1) inch equals fifty (50) feet on sheets the same size as the plat with the following
information:
Profiles of centerline elevations of existing and proposed roads; approximate radii of all
curves, lengths of tangents and central angles of all streets;
Plans and profiles showing the locations and typical cross sections of street pavements
including curbs and gutters, sidewalks, drainage easements, rights-of-way, fire hydrants,
manholes and catch basins; the location, size and invert elevations of existing and proposed
stormwater drains and sanitary sewers including connections to existing or proposed
systems; and the location and size of water lines, gas lines or other underground utilities,
detention basin location, size and hydraulic calculations and site distance calculations for all
entrance and exit roads;
A site grading, explosive removal and erosion control plan;
The above improvement plan shall be accompanied by appropriate hydraulic cut and fill
calculations and soil reports including depth of rock; and
A soil report will be issued addressing soil conditions at the site and corrective measures to
be implemented for development and roadway construction.
The plans shall be retained on file by the Community Development Department.
Section 421.070. Final Plat Procedures.
[Ord. No. 3001 §1, 12-23-2008]
Final Plat Procedure.
The purpose of the final plat is to designate with particularity the land subdivided into
conventional lots as well as the division of other lands, not so subdivided, into common open
areas and building sites. The preliminary plat shall generally locate buildings, whereas the
final plat shall show the exact location of each building. Thus, the final planned unit
development plat and, if the development is to be staged, all staged final development plans
shall conform substantially to the preliminary plat as approved.
The final plat is to provide a final record of the subdivision of land and related improvements
including all of the information on the approved preliminary plat such as streets, water lines
and sanitary and storm sewers and incorporation of any subsequent changes approved by
the City. Final plat approval may only be requested after compliance with Sections
480.060(G) and (H) of the Fenton Municipal Code.
Applications for approval of the final plat may be submitted in stages, with each stage
reflecting a portion of the approved preliminary plat which is proposed to be recorded and
developed; provided however, that such portion must conform to all requirements of these
regulations. The procedures for filing, review and approval of the final planned unit
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4.
1.
2.
B.
1.
2.
A.
A.
development plat shall be made on forms provided by the Community Development
Department.
The final plat and supporting documentation shall be submitted to the Community
Development Department for certification that the final plat is in conformity with these
regulations and in agreement with the approved preliminary plat. The report of the Director
shall be made to the Planning and Zoning Commission and Mayor and Board of Aldermen
within thirty (30) days after submission by the developer.
Recording.
Upon approval of the final plat by the Board of Aldermen, the owner(s) shall, within sixty (60)
days of the approval date, record the plan with the St. Louis County Recorder of Deeds as a
planned unit development. Failure to record the final plat within the time specified shall cause
the approval to expire. An extension of recording time may be granted by the Director for a
period not to exceed thirty (30) days from the date of approval by the Board of Aldermen if
notified by the owner/representative fourteen (14) days in advance of the expiration date. The
Director may grant up to two (2) extension periods totaling no more than sixty (60) additional
days in which to record the plan.
Part of the recording requirement shall include in each warranty deed or conveying instrument
a permanent lot size or language further restricting resubdivision of individual parcels.
Section 421.080. Changes in Approved Planned Unit
Developments.
[Ord. No. 3001 §1, 12-23-2008]
The planned unit development project shall be developed only according to the approved and
recorded final plat and all supporting data. The recorded final plat and supporting data, together
with all recorded amendments, shall be binding on the applicants, their successors, grantees and
assigns and shall limit and control the use of premises (including the internal use of buildings and
structures) and location of structures in the planned unit development project as set forth therein.
All changes to the final plat shall be recorded with the St. Louis County Recorder of Deeds as
amendments to the final plat or reflected in the recording of a new corrected final plat.
Major changes. Changes which alter the concept or intent of the planned unit development,
including increases in density, increases in the height of buildings, of proposed open space.
Changes in the sequence of development, changes in road standards or changes in the final
governing agreements, provisions or covenants may be approved by submission of a new
preliminary plat and supporting data and following the "preliminary approval" steps and
subsequent amendment to the final planned unit development plat.
Minor changes. The Director may approve minor changes in the planned unit development
which do not change the concept or intent of the development without going through the
"preliminary approval" steps. "Minor changes" are defined as any change not defined as a
major change.
Section 421.090. Failure To Submit Final Plat or Construction On
Schedule.
[Ord. No. 3001 §1, 12-23-2008]
The Mayor and Board of Aldermen shall consider the planned unit development subject to
revocation if substantial construction fails to commence within one (1) year of filing of the final plat
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B.
C.
1.
2.
3.
4.
5.
6.
7.
8.
A.
or construction is not completed within five (5) years from approval of the final plat. The developer
shall be notified in writing at least sixty (60) days prior to any revocation hearing.
The Mayor and Board of Aldermen may grant an extension to commence construction for not
more than one (1) additional year. As used in this Chapter, "substantial construction" shall mean
final grading for roadways necessary for first (1st) approved plat or phase of construction and
commencement of installation of sanitary and storm sewers.
In the event the final plat is not submitted or substantial construction has not commenced within
the prescribed time limits, the planned unit development shall terminate and the Planning and
Zoning Commission shall within forty-five (45) days recommend initiation of a new public hearing
to revert the property to its prior classification in accord with the proceedings specified in Section
420.040. Where rezoning has been granted in conjunction with a planned unit development and
said planned unit development has terminated, no building permit shall be issued on that property
in accord with the provisions of the above-noted Section.
Section 421.100. Dedications For Public Schools and Public
Parks.
[Ord. No. 3001 §1, 12-23-2008]
A planned unit development may include land designated for public school or public park use,
which land may be considered part of the gross acreage of the development in computing the
maximum number of lots that may be created or dwelling units that may be authorized, provided
that:
The area of the proposed planned unit development is at least thirty (30) acres in the case of
a public school dedication and sixty (60) acres in the case of a public park dedication.
No tract of less than five (5) acres is designated for dedication for public school use or ten
(10) acres for public park use. However, a tract of land less than this minimum may be
accepted for dedication for public school or public park use if it is an addition to an existing or
proposed park or school site respectively or is recommended by the Department of Parks and
Recreation as part of a system of hiking and riding trails.
The proposed school site is compatible with a generalized plan for school locations published
by the school district.
Prior to approval by the Board of Aldermen of a final plat indicating a public park or public
school site, a written statement shall be received from the Department of Parks and
Recreation recommending approval of the proposed park dedication; or a written notification
shall be received from the school district that the school district has agreed to accept the
public school site dedication.
Prior to approval of a final plat, a written agreement between the petitioner and the school
district shall be submitted to the Board of Aldermen for review. The agreement shall indicate
who is responsible for the installation of required improvements adjacent to or affecting the
school site and when the improvements will be installed.
The proposed site is dedicated to a public school or public park use in a manner approved by
the Board of Aldermen as to the legal form prior to recording of the final plat.
The final plat identifies the boundaries of the dedicated tract within the planned unit
development.
The deed of dedication for public park or public school use shall provide that in the event the
property shall no longer be used for that purpose, it will revert to the trustees of the
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a.
b.
c.
d.
1.
2.
A.
A.
subdivision in which it is located as common land. The trust indenture required in the next
Section (Section 421.110) shall provide for the manner in which the common land shall be
treated, so that the provisions of Chapter 440 of the Zoning Code are complied with.
Section 421.110. Trust Indentures and Warranty Deeds.
[Ord. No. 3001 §1, 12-23-2008]
In developments where common areas, which may include open spaces, recreational areas or
other common grounds, are provided on the acreage or which is included in the gross acreage for
density calculation purposes, a trust indenture shall be recorded simultaneously with the record
plat. The indenture shall provide for the proper and continuous maintenance and supervision of
said common land by trustees to be selected and to act in accordance with the terms of such
indenture and the common land shall be deeded to the trustees under said indenture by general
warranty deed. The trust indenture and warranty deed shall comply with the requirements
established in Chapter 440 Subdivision Indentures. In addition, the trust indenture shall contain
the following provisions:
The common areas, including open spaces, recreational areas or other common grounds,
shall be for the sole benefit, use and enjoyment of the lot or unit owners, present and future,
of the entire planned unit development or that the common areas may also be used by
residents outside the planned unit development. If residents outside the planned unit
development are permitted to use the common areas, the indenture shall contain provisions
which shall provide, in essence, the following:
No resident of the planned unit development shall be denied the use of the open space,
recreational facilities or other common ground for any reason related to the extension of
such privilege to non-residents of the planned unit development.
All rules and regulations promulgated pursuant to the indenture with respect to residents
of the planned unit development shall be applied equally to the residents.
All rules and regulations promulgated pursuant to the indenture with respect to non-
residents of the planned unit development shall be applied equally to the non-residents.
At any time after the recording of the indenture, a majority of the residents of the planned
unit development, by election duly called, may elect to allow or disallow usage of the
open space, recreational facilities or other common grounds by non-residents of the
planned unit development.
The indenture shall contain provisions for the maintenance of all common areas and facilities
and the means of collecting assessments necessary for the maintenance thereof.
Chapter 425. Enforcement, Violation and Penalty
Editor's Note — Ordinance no. 3001 §1, adopted December 23, 2008, repealed title IV in its entirety.
See editor's note at beginning of title IV.
Section 425.010. Enforcement of The Code.
[Ord. No. 3001 §1, 12-23-2008]
All Code enforcement and review shall be performed by the Community Development
Department. The Director as a part of expected duties shall review any zoning application
forwarded to the Planning and Zoning Commission by the petitioners relative to special use
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B.
A.
B.
C.
D.
permits, zoning change, modifications and classification of land use. The Director shall perform
such other duties as may be delegated or authorized by law and other ordinances of the City of
Fenton. It shall be the duty of the Director to ensure that the City enforces this Zoning Code.
Permits. No building or other structure shall be erected, constructed or reconstructed, enlarged,
altered or repaired in such manner as to prolong the life of the building, nor shall the uses of any
land be changed without first obtaining a permit issued by such officer or official except that no
permit shall be required for ordinary repairs on conforming use structures. Such permits shall be
issued only when the request is in conformity with this Code.
Section 425.020. Violation of The Code and Penalties.
[Ord. No. 3001 §1, 12-23-2008]
In case any building or structure is erected, constructed, reconstructed, altered, converted or
maintained or any building, structure or land is used in violation of Sections 89.010 to 89.140,
RSMo., or this Title or of any ordinance or other regulation made under authority conferred hereby,
the proper local authorities of the municipality, in addition to other remedies, may institute any
appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction,
alteration, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent
the occupancy of such building, structure or land, or to prevent any illegal act, conduct, business
or use in or about such premises. Such regulations shall be enforced by an officer empowered to
cause any building, structure, place or premises to be inspected and examined and to order in
writing the remedying of any condition found to exist therein or thereat in violation of any provision
of the regulations made under authority of Sections 89.010 to 89.140, RSMo.
In addition to any other remedies or fines provided by law, the owner or general agent of a building
or premises where a violation of any provision of said regulations has been committed or shall
exist, or the lessee or tenant of an entire building or entire premises where such violation has
been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the
building or premises in which such violation has been committed or shall exist, or the general
agent, architect, builder, contractor or any other person who commits, takes part or assists in any
such violation or who maintains any building or premises in which any such violation shall exist
shall be subject to a Municipal Ordinance Violation under Section 100.060(E) of the Municipal
Code.
[Ord. No. 3632 § 1, 10-27-2016]
Any such person who having been served with an order to remove any such violation shall fail to
comply with such order within ten (10) days after such service or shall continue to violate any
provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo., in the
respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars
($250.00).
In addition to the above procedure, the City Attorney is empowered to institute any appropriate
action or proceedings to prevent violations of this Zoning Code, to restrain, correct or abate such
violations, to prevent the occupancy of buildings, structures or land, or to prevent any illegal act,
conduct, business or use in or about such premises. An appropriate action or proceeding shall
include, but not be limited to, injunctive relief and any other appropriate action at law or in equity.
Chapter 430. Applications and Permits
Editor's Note — Ordinance no. 3001 §1, adopted December 23, 2008, repealed title IV in its entirety.
See editor's note at beginning of title IV.
Section 430.010. Forms For Applications and Permits.
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A.
B.
C.
D.
(1)
(2)
(3)
a.
(1)
(2)
b.
1.
E.
[Ord. No. 3001 §1, 12-23-2008]
Prior to obtaining a building permit, a zoning approval form shall be completed by the applicant and
approved by the Community Development Department for any construction, reconstruction,
conversion, alteration, enlargement or extension of any building or structure within the City.
Section 430.020. Certificate of Occupancy Requirements.
[Ord. No. 3001 §1, 12-23-2008]
Each application for an occupancy permit for the use of land shall be accompanied by a plat in
duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon or used, the
size, shape and location of the building to be erected and such other information as may be
necessary to provide for the enforcement of this Code. A record of applications and plats shall be
kept in the office of the Community Development Department.
No change in the use or occupancy of land, nor any change of use or occupancy in existing
buildings other than for single-family dwelling purposes shall be made, nor shall any new building
be occupied until a certificate of occupancy has been issued by the Director. Every certificate of
occupancy shall state that the new occupant shall comply with all provisions of this Code.
No permit for excavation of, or the erection or alteration of, any building shall be issued before the
application has been made and approved for a certificate of occupancy and compliance and no
building or premises shall be occupied until such certificate and permit is issued.
A record of all certificates of occupancy shall be kept on file in the office of the Community
Development Department. Copies shall be furnished on request to any person having a
proprietary or tenancy interest in land or buildings affected by such certificate of occupancy.
All occupancy permits shall be obtained prior to such premises being occupied.
Certificate of occupancy.
Residential.
An occupancy permit shall be required for all new residential buildings constructed in
the City.
No occupancy permit shall be required for the occupancy of residential dwellings in
the City other than the new residential buildings located in the City.
Certificates of occupancy shall be applied for coincidental with the application for a
construction permit for the construction of new residential dwellings and shall be
issued within ten (10) days after the lawful erection of the building is completed and
the required sewage treatment facilities are installed in accordance with the
provisions of minimum sanitary requirements for building and occupancy permits.
Construction.
As soon as practical after construction has begun, but no later than the roofing of the
structure, a sign shall be posted in a conspicuous place near the front entrance of
the structure and shall read as follows: "Before this structure may be occupied, an
occupancy permit must be obtained from the City by the occupier of this structure."
The lettering on said sign shall not be less than three (3) inches in length and the
width of the stroke making said lettering shall not be less than one-half (½) inch. The
width of said letters shall not be less than one and one-half (1½) inches. The said
sign shall have red lettering on a white background.
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(3)
c.
(1)
(2)
(3)
(4)
(5)
d.
e.
2.
F.
G.
If at any time the sign becomes damaged, discolored or made in any way illegible, it
shall be replaced immediately. If the Code Enforcement Officer shall designate a
sign illegible, it shall be replaced immediately.
Commercial and industrial. All commercial and industrial buildings located in the City,
whether new construction or one that has been previously occupied, shall at any time
when new occupants propose to occupy such buildings require the issuance of an
occupancy permit prior to such buildings being occupied for any purpose whatsoever.
Temporary certificates of occupancy. The Director may issue a temporary occupancy
permit before the completion of the entire work covered by the final occupancy permit
provided that such portion or portions of the structure shall be occupied safely prior to the
full completion of the structure without endangering life or public welfare.
No temporary occupancy permit may be issued if the portion of the work to be completed
includes fixing Code violations or such structural defects which would endanger safety
and public welfare.
If the Director determines that a temporary occupancy permit can be issued, the builder
or developer (hereinafter "builder") shall be required to do the following prior to the
temporary occupancy permit being issued:
The builder shall prepare a comprehensive list of items that must still be completed.
This list must indicate the item, location and date of anticipated completion. This list
shall be reviewed by the potential purchaser (hereinafter "purchaser") and the
Director. This list shall be signed by the purchaser, the Director and the builder. This
list must state clearly the intentions of the builder to complete the items on the list
within the designated time frame.
In addition to the list, the builder must issue a performance bond to secure that the
items on the list will be completed by the builder to the reasonable satisfaction of the
purchaser and the Director within the agreed upon time frame. This performance
bond shall be in a form acceptable to the City of Fenton. The City and the purchaser
must be the signatories for the release of the bond.
The City has the sole discretion to accept, in lieu of a performance bond, an escrow
account set up by the purchaser's mortgage lender. This escrow account must be in
the purchaser and the City's name and shall be released either to the purchaser or
the City if the builder does not perform pursuant to the requirements of this Chapter
or any other Chapter of the Fenton Municipal Code.
If the builder does satisfactorily perform under this provision, then the bond proceeds
or escrow shall be released back to the builder after the City's authorized
representative and purchaser sign to release the funds to the builder.
Any violation of these provisions are subject to all the penalties and enforcement
provisions of Chapter 425 of the Fenton Municipal Code.
Landscaping. Prior to issuance of an occupancy or a reoccupancy permit, all required
landscaping shall be completed in accord with approved plans.
Fees. The fees for an occupancy permit are set forth in Addendum A.
The fees for plan review and zoning approval shall be as set forth in Addendum A.
Temporary, Alternate Occupancy due to Natural Disasters and/or Emergency Situations.
[Ord. No. 3716 § 1, 7-27-2017]
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a.
b.
c.
1.
a.
b.
c.
2.
3.
A.
B.
Special Use Permit. During or following a natural disaster and/or emergency, as determined
by the Director, the Director may waive the requirement for a special use permit for a use to
temporarily relocate within a district when such use would require a special use permit when
said use is legally in operation at the time of the natural disaster and/or emergency, subject to
the following conditions:
The required occupancy permit for the relocation is obtained;
Such use is only relocated during the time needed to repair the structure for which the
special use permit originally was issued and which structure was damaged by the natural
disaster and/or emergency not to exceed a period of six (6) months unless an extension
of time is approved by the Board; and
All applicable conditions of the special use permit issued for the damaged structure, if
any, shall remain in full force and effect for the use at its temporary location unless a
specific condition is inapplicable or infeasible at the temporary location as determined by
the Director.
Mobile or Prefabricated Structure. During or following a natural disaster and/or emergency, as
determined by the Director, the Director may authorize a use to temporarily relocate to a
mobile or prefabricated structure in the City when said use is legally in operation at the time of
the natural disaster and/or emergency, subject to the following conditions:
The required occupancy permit for the relocation is obtained;
The mobile or prefabricated structure is located in a manner that the public health, safety,
and welfare will be protected on the same lot as the occupancy permit was issued before
the natural disaster and/or emergency; and
Such use is only relocated during the time needed to repair the structure for which the
occupancy permit was issued and which structure was damaged by the natural disaster
and/or emergency not to exceed a period of six (6) months unless an extension of time is
approved by the Board.
Procedure. Any time a natural disaster and/or emergency occurs, as determined by the
Director, notification shall be provided to the Planning and Zoning Commission and Board of
Aldermen explaining what has been approved and the reasons why.
Chapter 435. Subdivision Escrow Agreement
Editor's Note — Ordinance no. 3001 §1, adopted December 23, 2008, repealed title IV in its entirety.
See editor's note at beginning of title IV.
Section 435.010. Escrow Procedures.
[Ord. No. 3001 §1, 12-23-2008]
Prior to approval of the final plat by the Planning and Zoning Commission Chairperson, the
developer, contractor and/or owner of the property must certify that all required subdivision
improvements are in place in accord with the approved plans. This certification shall be in the form
that is acceptable to the City of Fenton.
Prior to the approval of the final plat the developer, contractor and/or owner of the property shall
enter into an escrow agreement that is acceptable to the City and shall be in accord with
provisions of this Section.
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a.
b.
c.
1.
a.
b.
c.
d.
e.
2.
a.
3.
C. The escrow agreement shall be prepared and executed on forms furnished by the City and shall
be submitted, reviewed and approved according to the procedures adopted by the Board of
Aldermen. Every escrow agreement shall be approved by the Board of Aldermen.
Escrow guarantee. Every escrow agreement shall require that the developer, contractor
and/or owner of the property to guarantee a specific amount of money with a bona fide
escrow holder by either:
Depositing a said amount in lawful money of the United States of America with a bona
fide escrow holder;
By issuing an irrevocable letter of credit under an acceptable deposit agreement with the
City. This commitment shall be from a lending institution approved by the City and shall
guarantee the availability and upon demand a sum of money which shall be stated in the
approved escrow agreement; or
By posting a land subdivision bond to guarantee the construction of said subdivision
improvements.
The City shall determine which monetary guarantee will be appropriate and
acceptable.
Release of escrow funds. The escrowed funds shall be held in the escrow account and shall
be released only by written authorization from the City's designated representative. The
designated representative shall be approved by the Board of Aldermen and shall be stipulated
in the escrow agreement. The method for approval for the release of the escrow funds shall
be approved by the Board of Aldermen.
Any such authorization for release of escrow funds shall occur only upon receipt by the
City of a written request from the developer, contractor and/or property owner and;
In no case shall the City's designated representative authorize the release of more than
ninety-five percent (95%) of the amount held in an escrow account until all the
improvements have been completed, approved by the City and accepted or approved by
the Board of Aldermen.
Any escrow amount held by the City shall be released within thirty (30) days of
completion of each category of improvement or utility work to be installed, minus a
maximum retention of five percent (5%) which shall be released upon completion of all
improvements and utility work. Any such work shall be deemed to be completed upon
certification by the Board of Aldermen that the project is complete in accordance with the
ordinances of the City of Fenton, including the filing of all documentation and
certifications.
The release shall be deemed effective when the escrow funds are duly posted with
United States Postal Service or other agreed upon delivery service or when the escrow
funds are hand delivered to an authorized person or place as specified by the owner or
developer.
If the City has not released the escrow funds within thirty (30) days after approval by the
Board of Aldermen, the City shall pay the owner or developer, in addition to the escrow
funds due, interest at the rate of one and one-half percent (1.5%) per month calculated
from the expiration of the thirty (30) day period until the escrow funds have been
released.
Term of the escrow guarantee.
The term of an escrow agreement shall not exceed two (2) years. The developer,
contractor and/or owner of the property shall guarantee that all required utilities and
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b.
c.
d.
4.
a.
b.
c.
d.
(1)
(2)
(3)
e.
5.
improvements will be installed, constructed and completed within two (2) years from the
date of the approval of the final plat.
At the end of the two (2) year period, the Board may extend the term of the escrow
agreement for a period not to exceed one (1) additional year. In the event that the
developer, contractor and/or owner of the property shall abandon the project or fail to
complete the improvement within two (2) years from the date of the City's approval of
final plat, whichever shall occur first, the City may complete or have completed the said
improvements and the escrow holder shall disburse the escrow amount to the City as
ordered and directed by the City.
In the event the escrow holder fails to remit the amount required within thirty (30) days
after written request by the City, the Director shall recommend that the City Attorney take
immediate action to secure the payment of the amount required.
In the event the term of the escrow agreement is not extended by the Board of Aldermen
or the escrow holder fails to remit the amount required by the City, the City shall withhold
all permits for any new dwelling with the subdivision or plat thereof until authorized by the
Board of Aldermen.
Approval of escrow holder and audit. All escrow holders shall be approved by the City's
Attorney. All escrow holders shall be subject to spot audits by the City. If the escrow holder
fails to comply with any provision of the escrow agreement, the holder may be prohibited from
acting as an escrow holder in the City for a period of two (2) years.
Slopes and waterway modifications.
For the purposes of this Chapter, "waterway" is defined as any natural swale,
watercourse, creek or drainage area not otherwise regulated by ordinances of the City of
Fenton.
"Slope" shall mean any hill, hillside, rise, change in the natural terrain having a change of
two percent (2%) or more from the base grade of the subdivision.
In addition to escrow funds pursuant to the development of subdivision plats as required
by the ordinances of the City, if upon review of the subdivision plat by the Planning and
Zoning Commission and the Director so determine further escrow funds may be required
to guarantee the completion of improvements and a creation of a maintenance guarantee
for slopes and waterway modifications.
If a review of the site and the subdivision plat indicate that modification of an existing
slope and/or waterway is required, then the Director shall reasonably determine the cost
of such modification.
Upon determination of such cost for the guarantee of completion of such improvements
and modifications, the developer, contractor and/or property owner shall establish an
escrow sum with a bona fide escrow holder by either:
Depositing a said amount in lawful money of the United States of America with a
bona fide escrow holder;
By issuing an irrevocable letter of credit under an acceptable deposit agreement with
the City. This commitment shall be from a lending institution approved by the City
and shall guarantee the availability and upon demand a sum of money which shall
be stated in the approved escrow agreement; or
By posting a land subdivision bond to guarantee the construction of such
improvements to the land, completion and installation of the improvements to the
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f.
g.
h.
i.
j.
k.
a.
b.
c.
6.
D.
E.
A.
slopes and waterways as shown on the approved improvements plans.
The City shall determine which monetary guarantee will be appropriate and acceptable.
The improvement and/or completion period shall be approved by the Board of Aldermen
and shall not exceed three (3) years.
During this escrow period the developer, contractor and/or owner of the property shall
maintain the slope and/or waterway modifications.
Should the slope and/or waterway modifications suffer from structure or maintenance
deficiency in the opinion of the Director prior to the expiration of the escrow period, then
the Director shall provide a written notice of such deficiencies to the developer, contractor
and/or owner of the property.
Upon failure by the developer, contractor and/or owner to correct such structure or
maintenance deficiency within forty-five (45) days of the date of written notice, the City
may correct the structure or maintenance deficiency and draw against the escrow funds.
The escrow sum, letter of credit and/or bond hereby provided for in this Section shall be
subject to all City ordinances pertaining to subdivision bonds and the release thereof.
Landscaping escrow guarantee. For the purpose of landscaping and related activities, the
developer, contractor and/or owner of the property shall be required to deposit a reasonable
escrow sum which shall be determined by the Director into an escrow account. Upon
determination of such cost for the guarantee of completion of such landscaping, the
developer, contractor and/or owner shall establish an escrow sum with a bona fide escrow
holder by either:
Depositing a said amount in lawful money of the United States of America with a bona
fide escrow holder;
By issuing an irrevocable letter of credit under an acceptable deposit agreement with the
City. This commitment shall be from a lending institution approved by the City and shall
guarantee the availability and upon demand a sum of money which shall be stated in the
approved escrow agreement; or
By posting a land subdivision bond to guarantee the construction, installation and
completion and of such landscaping as shown on the approved plans.
The City shall determine which monetary guarantee will be appropriate and acceptable.
The escrow sum, letter of credit and/or bond hereby provided for in this Section shall be subject to
all City ordinances pertaining to subdivision bonds and the release thereof.
Chapter 440. Subdivision Indentures
Editor's Note — Ordinance no. 3001 §1, adopted December 23, 2008, repealed title IV in its entirety.
See editor's note at beginning of title IV.
Section 440.010. Establishment of The Subdivision Indenture.
[Ord. No. 3001 §1, 12-23-2008]
In any case where the establishment of common land (including pedestrian walkways/bikeways
and cul-de-sac islands), private street lighting, drainage facilities such as detention basins and
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B.
A.
B.
C.
A.
1.
2.
B.
drainage pipe and ditches or any other improvement that requires continuous maintenance, a trust
indenture shall be established and recorded simultaneously with the record plat. The indenture
shall provide for proper maintenance and supervision by the trustees who are selected to act in
accordance with the terms of such indenture and the applicable provisions of this Chapter.
For single lot developments and developments with no common ground, the Board of Aldermen
may accept script certifying the means of maintenance on the record plat. Common land shall be
conveyed by the owner in fee simple absolute title by warranty deed to trustees whose trust
indentures shall provide that the common land be used for the benefit, use and enjoyment of the
lot or unit owners, present and future, shall be the maintenance responsibility of the trustees of the
subdivision and that no lot or unit owner shall have the right to convey his interest in the common
land except as an incident of the ownership of a regularly platted lot.
Section 440.020. Recording of The Trust Indenture.
[Ord. No. 3001 §1, 12-23-2008]
Any trust indenture required to be recorded or recorded for the purpose of compliance with
provisions of this Chapter shall provide for not less than the following representation of purchasers
of developed lots among the trustees: one-third (1/3) of the trustees shall be chosen by
purchasers of developed lots or units after fifty percent (50%) of the lots or units have been sold;
two-thirds (2/3) of the trustees shall be chosen by purchasers of developed lots or units after
ninety-five percent (95%) of the lots or units have been sold; all of the trustees shall be chosen by
purchasers of developed lots after all of the lots have been sold.
Each trust indenture and warranty deed shall be accompanied by a written legal opinion from an
attorney licensed to practice in the State of Missouri setting forth the attorney's legal opinion as to
the legal form and effect of the deeds and trust indenture.
The deeds and indenture shall be approved by the Director and the City Attorney prior to being
filed with the Recorder of Deeds, simultaneously with the recording of the record plat.
Section 440.030. Term of The Indenture.
[Ord. No. 3001 §1, 12-23-2008]
Term of indentures for all types of subdivisions shall be for the duration of the subdivision. In the
event the subdivision is vacated, fee simple title shall be vested in the then lot or unit owners as
tenants in common. The rights of the tenants shall only be exercisable appurtenant to and in
conjunction with their lot or unit ownership. Any conveyance or change of ownership of any lot or
unit shall convey with its ownership in the common land and no interest in the common land shall
be conveyed by a lot or unit owner except in conjunction with the sale of a lot or unit. The sale of
any lot or unit shall carry with it all the incidents of ownership of the common land although such is
not expressly mentioned in the deed; provided however, that no right or power conferred upon the
trustees shall be abrogated.
Provision shall be made for the trustees to be vested with the power to dedicate the streets to a
public body.
Any amendment to the trust indenture shall be approved by the Commission.
Provision shall be made that prohibits the subdivider from assessing lot owners for items or
matters that are within the required installation of the subdivision.
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A.
B.
a.
b.
c.
d.
1.
A.
Chapter 445. Additional Use, Height and Area Regulations
and Exceptions
Editor's Note — Ordinance no. 3001 §1, adopted December 23, 2008, repealed title IV in its entirety.
See editor's note at beginning of title IV.
Section 445.010. In General.
[Ord. No. 3001 §1, 12-23-2008]
The district regulations hereinafter contained in this Section qualify or supplement, as the case
may be, the district regulations appearing elsewhere in this Code.
This Code prohibits the placement of single or multiple-dwelling residential buildings within non-
residential districts, i.e., commercial/industrial or the business park district.
Section 445.020. Landscape Standards and Procedures.
[Ord. No. 3001 §1, 12-23-2008]
It is the purpose of this Section to provide reasonable minimum standards for the preservation of
areas of natural tree cover and other unique characteristics of the landscape within the City, to
facilitate new development in harmony with intrinsic environmental values, establish appropriate
buffer areas between various development types and individual parcels, encourage interspersion
of landscaped nodes within parking areas and to, in an orderly manner, establish a visually
pleasing and functional streetscape.
General requirements. Anything in the Fenton City Code to the contrary notwithstanding, all
new development within the City, except for detached single-family homes on platted lots and
including an addition or exterior reconstruction of any existing non-residential building or the
development enlargement or reconfiguration of any parking lot, shall comply with the
provisions of this Section.
There shall be a landscape plan prepared and submitted which enumerates plantings
size and species with their location which will present the development's specific criteria
regarding uses of outside space, including ground cover, buffers and shade trees. This
plan will be presented for review and approval by the Director and, when otherwise be
required by this Chapter, for review by the Planning and Zoning Commission and the
Board of Aldermen.
No street tree shall be planted closer than forty (40) feet from any street corner measured
from the point of intersecting property lines. No tree shall be planted closer than ten (10)
feet to any fire hydrant. Trees planted on any public property shall be selected from the
City's designated list of acceptable street trees. A list of acceptable street trees shall be
maintained on file with the Community Development Department.
The City may plant, prune, maintain and remove trees, plants and shrubs within any City
rights-of-way or public ground as may be necessary to ensure public safety or to
preserve or enhance the symmetry and beauty of such public grounds.
It shall be unlawful for any person to top any street tree, park tree or other tree on public
property. As used in this paragraph, "top" means the severe cutting back of limbs to stubs
larger than three (3) inches in diameter within the tree's crown to such a degree as to
remove the normal canopy and to disfigure the tree.
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e.
f.
a.
b.
c.
d.
e.
f.
g.
2.
a.
3.
Property owners of trees severely damaged by storms, natural causes, human accidents
or trees impairing the use of utility wires or presenting an unusual obstruction where
other pruning practices are impractical shall notify the Public Works Department for
permission to properly trim or remove the tree.
Every owner of any tree overhanging any street or right-of-way in 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. Such owner 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 may prune any tree or shrub on private
property when it interferes with the proper spread of light along the street from a street
light or with the visibility of any traffic control device or sign to a height of twelve (12) feet
above edge of pavement.
General community tree conservation.
Projects requiring site plan review shall demonstrate that the design has been
accomplished to preserve the existing natural landscape character of the site to the
extent that it is reasonably feasible. A conservation plan which includes specific
dimensions and/or quantities of landscaping materials to be added or removed, plant
species impacted or to be used and construction protection methods for trees will be
required for preserving an existing tree or planting a replacement tree(s) as a condition of
site plan approval.
If required, the conservation plan should clearly set forth all trees over six (6) inches in
diameter at a height of twelve (12) inches above average grade with an indication of
which trees will be removed and which trees will be retained. All trees removed which are
six (6) inches in diameter (caliper) or greater shall be replaced with equal caliper inches
of similar type trees. Planting plans shall provide calculations to demonstrate that the
caliper inch replacement is in accordance with conservation plan. All utility installations,
stormwater retention/detention areas or ponds shall be undertaken with a minimum
amount of tree removal. Specimen trees, those of predominant stature and species and
those important to wildlife are to be retained to the maximum extent possible.
Erosion control plans are required for utilizing the existing trees and vegetation to the
maximum extent possible to reduce runoff, control flooding or stabilize the soil.
The grade of land within the dripline of a tree designated to remain shall not be raised or
lowered more than six (6) inches unless a well or retaining wall is used.
A written statement of reasons for clearing the trees on an undeveloped site must be
presented to the City for review and approval.
No trees shall be removed within twenty-five (25) feet of the riparian (stream bank)
corridor without written permission from the City.
Tree protection during construction. During any construction operations on the property,
the contractor or builder will erect suitable protective barriers around all trees to be
preserved. The builder or contractor will make sure that the trunks, branches and root
structures are not damaged by construction equipment.
Residential development.
In reviewing any proposed subdivision plan, the Planning and Zoning Commission shall
strictly adhere to a policy of requiring the preservation of the maximum number of
existing trees or planting of new tree stock as the replacement for removing the existing
trees in common grounds.
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b.
c.
d.
e.
f.
a.
b.
c.
d.
4.
The owner or developer of a proposed subdivision shall submit a plan, along with the
preliminary plat, depicting the limit of grading or clearance and including a notation that
all trees beyond the limit of grading shall remain.
No trees shall be removed or grading begun until the preliminary plat has been approved.
The subdivider of any residential subdivision shall plant trees on all streets between the
sidewalk and the street curb, unless a specific variance is requested with application and
approved by the Planning and Zoning Commission. There shall be at least two (2) trees
planted in front of each lot with one hundred (100) feet or less of frontage. Where the lot
is located at the intersection of two (2) or more lots, the "frontage" means all sides which
face each street. If the frontage is more than one hundred (100) feet, a tree shall be
planted every forty (40) feet. The size and type of tree shall be identified on the plan and
submitted to the City for approval; a minimum two (2) inch caliper tree is required. (Refer
to Subsection (2)(b) of this Section for additional requirements.)
Any individual developing a detached single-family lot shall meet all of the above
requirements for tree planting.
For any attached single-family development or within any multiple-family residential
development a tree shall be planted every forty (40) feet along all streets. In addition, one
(1) shade tree shall be planted per sixteen hundred (1,600) square feet of gross floor
area of each building. The City may require evergreen trees as a buffer between the
multiple-family and single-family residential districts.
Commercial/industrial development. Commercial and industrial development are commonly
characterized by larger building exposure to public thoroughfares, more extensive site
coverage, sizeable parking areas and frequent provision of major parking areas in front of the
building parallel to the street. Accordingly, additional landscaping issues must be considered.
Thus, to help assure implementation of the objectives of this Section, the following standards
will also be applicable to any new building or additions to any existing building in any
commercial or industrial zoning district or any institutional building in any other zoning district.
Preservation of existing trees. A premium will be placed on the preservation of the natural
tree cover or other special landscape characteristic. An effort should be made to maintain
any natural on-site amenity which contributes to distinguishing the site as an attractive
setting for business. Site development plans should attempt to take full advantage of
present natural vegetation.
Setbacks from preserved wooded areas. Building lines and the edges of roads and
parking or service areas will be set back at least thirty (30) feet from the drip line (branch)
edge of the windrows or forested areas to be preserved.
Use of preserved wooded or natural areas. The use of the wooded or natural areas for
walking paths, picnic areas and bench placement will be encouraged. The layout of paths
will be clearly defined by gravel or asphalt paving or by defined edges of stone, timber or
plantings. Areas for picnic tables and benches will be distributed so as to prevent the
concentration of use in any single part of the wooded area. The intent of these
requirements is to avoid compaction of ground surfaces at the bases of trees and to
preserve the natural undergrowth.
New planting. All ground with the exception of walks, drives, parking facilities and service
areas will be landscaped in a manner that is complementary to the approved
architecture. This Subsection provides that the required screening forms an attractive
transition to the natural landscape features of the site. Lawn will be created in the area
between the street curb and the first "solid" edge developed at the street frontage
(whether it is a building, planting screen or wall). The intent is to establish a consistent
and well-maintained street edge throughout the property. Proposed departures from this
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(1)
(2)
(3)
(4)
(5)
(6)
e.
a.
b.
5.
guideline will be evaluated by the City on the basis of their effect on the desired visual
consequence.
Requirements of site landscaping. The owner or occupant must install landscaping for
any new building or area effected by any addition to an existing building subject to these
regulations in accord with the following:
Each building site shall be landscaped to a minimum depth of thirty (30) feet inside
the property boundary line along the street, except as otherwise provided in that
zoning district. The remainder of any required front setback may be used for
automobile parking (not including commercial service vehicles) or the same or
different type of landscape treatment.
Landscaping shall be required on each building site in side setback areas that are
not otherwise used for automobile parking. Landscaping will be provided in
conformance with those regulations of the appropriate zoning district.
Except as otherwise provided in this Section, no formal landscaping shall be
required in the rear setback areas that are unpaved except that a dust-free surface
shall be maintained. In the event that the rear property line is contiguous with a
property line of any "R", "PG" or "PR" zoning district, a landscaped area of not less
than twenty-five (25) feet in width shall be maintained adjacent to said property line.
Such landscaped area shall contain an approved variety of trees and shrubs not less
than seven (7) feet in height unless a greater height is required by the zoning district.
Further subject to the provisions of this Section, if any parking lot includes more than
twenty (20) parking spaces, there shall be a requirement for interior landscaping.
This type of landscaping is intended to minimize and reduce the apparent size of
parking areas. In addition to the general landscaped areas required by this or any
other Section, a minimum of five percent (5%) of the total square footage of parking
area shall be landscaped.
Each separate interior landscaped area with an area of one hundred (100) square
feet or more shall include at least two (2) deciduous shade trees. Also, no tree
planting area shall be less than six (6) feet in any dimension.
All commercial properties adjoining property in a non-commercial district shall
provide along any such common property lot line a continuous berm with a minimum
height of four (4) feet or planting of evergreen trees or shrubs approved by the
Director to prevent the direct light from automobile headlights from being cast on
adjacent residential units.
Parking lot landscaping. In all zoning districts parking lots shall provide landscaping in accord
with the following:
Parking lot landscape islands shall be provided in all parking lots with twenty (20) or more
parking spaces. Such islands shall be a minimum of eighteen (18) feet in length by ten
(10) feet in width. One (1) such island shall be installed and maintained for each twenty
(20) vehicular parking spaces provided on the site and at the terminus of each row of
parking stalls adjoining an access drive. With the approval of the Planning and Zoning
Commission, landscaped areas may be substituted in lieu of landscaped islands that
equal ten percent (10%) of the total parking area (less driveway and aisles) in parking
areas only. This shall be in addition to any other required setbacks or landscape
requirements.
Where off-street parking on the building site is located between the building and the
street, the parking area shall be partially screened from the street by the construction and
landscaping of a berm a minimum of three (3) feet in height in the required setback
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space. The height and treatment of the berm shall be shown on the required landscape
plan and must be approved by the City.
Lawns. In all zoning districts required landscaped and green areas adjacent to streets and the
front sixty (60) feet of all side setbacks shall be considered as lawn. Aside from required
trees, shrub and other support landscaping, all such lawn areas shall be established by
sodding with a high quality sod blend and not by seeding. In addition, in all non-residential
districts landscaping adjacent to each building entrance shall be a minimum of fifty percent
(50%) lawn interspersed with plantings.
Rights-of-way. Any unpaved areas lying within adjacent street rights-of-way shall be
landscaped and maintained to the finished curb line of the street by the owner or occupant of
the adjacent property. Replacement and/or maintenance of this landscaping will be required
after any manmade or natural disturbance of the right-of-way.
Vacant lots or open spaces. Any vacant lot or open spaces not being used for any purpose
within the City of Fenton shall be seeded or sodded. All such areas with a general slope in
excess of ten percent (10%) shall be sodded unless approved by the Director.
Plant size/quality schedule.
PLANT SCHEDULE
Type Minimum Size Location/Spacing
Shade tree 3 inches diameter Entrance roads property
frontage (25 feet centers)
Flowering tree 6 feet height Lawn
Evergreen tree 6 feet height Screening (10 feet center)
Deciduous shrubs 3 feet height Buildings/lawn (3 feet center)
Evergreen shrubs 3 feet height Buildings/lawn (3 feet center)
Broadleaf evergreens 3 feet height Lawn (4 feet center)
Ground cover 2 inch pots Buildings/signs (6 inches
center)
Maintenance guarantee. The owner of the property or his representative shall file a written
statement with the City guaranteeing the maintenance or replacement of any dead trees or
bushes for a period of one (1) year from the release of all escrows pertaining to site
development.
Violations. In the event that the landscaping is not completed in accordance with the
submitted plan within one (1) year of the completion of the construction or occupancy of the
building on the premises, the City's Code Enforcement Officer, on behalf of the City, shall
notify the owner, occupant or lessee of such failure to complete the landscaping in
accordance with the submitted plan and this Section. This notice shall provide a statement of
the deficiencies and the deadline for the correction of such deficiencies not more than thirty
(30) days from the date of the notice. The notice shall also provide the date, time and place of
the hearing at which the Board of Aldermen will consider whether or not to direct the City
Public Works Department to landscape the premises in accordance with the submitted plan
with the cost chargeable against the cash or escrow deposit held for such landscaping.
Section 445.030. Yards.
[Ord. No. 3001 §1, 12-23-2008; Ord. No. 3631 § 2, 10-27-2016]
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Every part of a required yard shall be open to the sky unobstructed unless otherwise provided
within this Title IV or in the following circumstances:
The ordinary projections of skylights, sills, belt course, cornices, and ornamental features may
project into the required yard not more than twelve (12) inches.
Open or lattice-enclosed fire escapes, fireproof outside stairway and balconies opening upon
fire towers may project into a required yard not more than five (5) feet.
Roof overhangs may project into a required yard not more than eighteen (18) inches provided
that the overhang is at least five (5) feet from any property line.
The ordinary projections of chimneys and flues not exceeding seventy-two (72) inches in
width may project into the required yard not more than twenty-four (24) inches.
Uncovered or covered, unenclosed porches may project into the required front yard not more
than ten (10) feet.
Uncovered, unenclosed decks and porches that are two hundred (200) square feet or less in
size may project into the required rear yard provided that the deck or porch is setback from all
lot lines a minimum distance equal to that of the required side setback of the applicable
Zoning District.
Cantilevered interior spaces, such as bay windows, may project into the required rear or front
yard not more than two (2) feet plus a one (1) foot roof overhang provided that the
cantilevered space is not more than ninety-six (96) inches in width. Cantilevered interior
spaces shall not project into the required side yard.
Accessory Buildings, Structures and Accessory Uses. See Chapter 460.
Section 445.040. (Reserved)
Editor’s Note: Former Section 445.040, Other Exceptions and Rules, which derived from Ord. No. 3001
§ 1, 12-23-2008, was repealed 10-27-2016 by § 2 of Ord. No. 3631.
Chapter 447. Site Plan Review
Section 447.010. Site Plan Review And Requirements.
[Ord. No. 3567 § 1, 1-28-2016]
Purpose. This Chapter sets forth site plan requirements, process and review standards for all new
building construction, building additions or building alterations for certain uses within all zoning
districts in the City of Fenton. Except as provided in Subsection (B) below, all applications for new
construction, building additions or building alterations shall include a site plan to be filed with the
City to be submitted to the Planning and Zoning Commission for its review and recommendations
and approved by the Board of Aldermen.
Exceptions. Unless otherwise provided for within this Title, this Chapter does not apply to the
following:
Single-family or two-family residential buildings and associated residential accessory
buildings, structures or uses.
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Exterior building remodels, including, but not limited to, new or replacement roofs, windows,
exterior building materials (facade), doors and dock doors, when the building height and/or
gross floor area of the building is not altered.
Signage (See Section 485.100).
New and replacement decks, canopies, awnings, patios, porches, sidewalks, stairs and dock
ramps.
Fencing not required under a special use permit for outdoor storage.
Driveway or parking lot resurfacing, replacement or expansions.
Retaining walls under eight (8) feet in height.
Interior remodels and finishes.
Accessory buildings, structures or uses under two hundred (200) square feet and associated
with a non-residential use.
This exception to site plan review set forth above does not exempt those activities from
other applicable requirements of this Code nor from obtaining all necessary permits.
Off-Site Considerations. The site plan must be reviewed to understand how it will affect the
surrounding development area, its spin-off development, traffic congestion, adjacent parcels,
pavements and lot size.
On-Site Considerations. The site plan must be reviewed to understand land constraints and
development factors, including the effect of the site's natural features such as wetlands, soils,
slope, drainage, vegetation, etc.
Application Submission Requirements For Site Plan Review. An application for site plan review
shall be submitted on forms provided by the City, along with the application fee in accordance with
Addendum A. Said application may be filed by any person submitting proof of a financial,
contractual or proprietary interest in the property to be developed according to the submitted plan
and shall contain the following information:
Signature of applicant (with name and address).
Name of project and phase.
Zoning district in which the project is located.
Zoning districts adjoining project area.
Density compatible with district guidelines.
North directional device on plan map.
Location of site in relation to surrounding buildings, uses.
Location, size and use of each building on the site with building lines showing side setback,
rear setback and other setbacks.
Height, number of stories and form of the proposed buildings.
Dimensions of the lot.
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Ratio of floor area to the site area (FAR)/percent lot coverage.
Location of all existing trees over six-inch caliper.
Landscape materials to be placed on site.
Location, general design and width of driveways, curb cuts and sidewalks.
Existing and proposed site grades at a minimum of two (2) feet contour intervals. If a site has
less than five (5) feet of elevation change, one (1) foot contours shall be required; contour
lines shall extend fifty (50) feet off site.
An erosion and stormwater runoff control plan.
Location, area and number of parking spaces that are required within this Chapter.
Existing and proposed on-site utilities including stormwater collection and detention, gas,
electricity, cable service and telephone lines or substations.
Location of signs with sign dimensions.
Chapter 448. Outdoor Dining
Section 448.010. Requirements And Standards For Outdoor
Dining.
[Ord. No. 3854, 9-27-2018]
It is the purpose of this Section to provide reasonable minimum standards for the permitted
accessory use of Outdoor Dining, as defined under Section 400.030 of this Code, to control and
limit any adverse impact on pedestrian traffic and other uses on the premises and adjoining
properties. Outdoor Dining may be permitted by Special Use Permit under the provisions of
Section 420.020.
Standards, Criteria, And Conditions. In addition to any conditions established by the City under the
Special Use Permit, the following standards, criteria, and conditions shall apply to the
establishment and operation of Outdoor Dining:
Outdoor Dining areas must be located on the same premises and adjacent to the
establishment in which it is related, such as on a sidewalk or patio area.
Outdoor Dining areas must be located within the required building setback of the lot in which it
is located, or as otherwise provided in Section 445.030. Additionally, Outdoor Dining areas
shall not be located within five (5) feet of any lot line.
Outdoor Dining areas shall allow a free flow of pedestrian access and shall not have a
negative impact on traffic flow or any adjacent parking areas or establishments.
All tables, chairs, umbrellas, and other permissible objects provided shall be maintained with
a clean appearance and shall be in good repair.
Outdoor Dining areas shall be maintained in a neat and orderly appearance, clear of litter and
debris, and provisions shall be made for adequate trash control on-site.
No tables, chairs, or any other parts of the Outdoor Dining area shall be attached, chained, or
in any manner affixed to any tree, post, sign, or other fixture, curb, or sidewalk in or near the
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permitted area.
Outdoor Dining seating shall be included when determining the parking requirements for the
related establishment.
The storage of dishes, silverware, or other Outdoor Dining equipment, other than tables and
chairs, shall only be allowed during hours of operation.
Times of operation, including hours and days of operation and/or seasonal operations, shall
be determined by the City in conjunction with the Special Use Permit.
The Commission and Board of Aldermen may require bollards, fencing and/or landscaping
around the Outdoor Dining when it is deemed necessary to provide a buffer for adjacent uses
and/or safety and welfare of the Outdoor Dining patrons.
No live entertainment, speakers, televisions, or other audio admitting devices shall be
permitted in the Outdoor Dining area unless otherwise approved by the City under the Special
Use Permit.
Lighting of the Outdoor Dining area shall not disturb any adjacent establishment, property, or
public right-of-way.
Should alcohol be served in the Outdoor Dining area, a liquor license will be required
pursuant to Chapter 600 of the Municipal Code.
Temporary Expanded Outdoor Dining. Whenever a public health order issued and in effect by the
St. Louis County Department of Public Health or other entity with jurisdiction directs that all
Restaurants in the City are to cease or limit indoor food service and/or limit their services to only
Outdoor Dining, carryout, and delivery, the following process shall apply:
[Ord. No. 4093, 2-25-2021]
Restaurants may apply to the Director for a temporary Expanded Outdoor Dining permit, and
the Director is authorized to issue such a permit for the operation of an Outdoor Dining area
for up to ninety (90) days at a time, if the Director finds, based on the information within the
application, that the public health, safety, and general welfare will be maintained. The Director
may also allow such Outdoor Dining to expand into required Off-Street Parking Spaces if all
required Drive Aisles, traffic flow, and public safety can be maintained in the reasonable
discretion of the Director. The application should contain at minimum:
Detailed Site Plan clearly identifying, at a minimum, the boundaries of the area to be
used for outdoor seating, the proposed layout of the seating, pedestrian access areas,
adjustments to Off-Street Parking Spaces ( including exact number of spaces to be
used), Drive Aisles, safety barriers, and any proposed canopy or other weather
protections for customers;
A clear and specific explanation of all customer safety measures such as temporary
bollards, barriers, planters, etc., intended to be used;
Proposed lighting and heating arrangements, if any; and
Any other information reasonably requested by the Director to determine compliance with
this Section and overall protection of the general welfare and safety.
The permit shall contain such conditions as are deemed necessary for the protection of the
health, safety, and general welfare, including, specifically, pedestrian and vehicle traffic safety
and mitigation of any effect on adjacent properties, and the Director may require such
assurance or guarantee of compliance with such conditions as is reasonable and appropriate
under the circumstances.
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An application that the Director determines does not fully satisfy the criteria for issuance may
be approved by the Board after review and report by the Director. The temporary permit
application may be granted, denied, or made subject to conditions that the Board deems
reasonably necessary to protect the public health, safety, and general welfare.
If approved, certain building permits and/or approval from other entities, including but not
limited to the St. Louis County Health Department, may be necessary depending on the
scope of the plans submitted.
Nothing shall prevent the Director from issuing a new temporary Expanded Outdoor Dining
permit for the same Lot upon application in accordance with this Section.
Chapter 450. Drive-Through Services
Section 450.010. Requirements And Standards For Drive-
Through Services.
[Ord. No. 3853, 9-27-2018[1]]
In addition to other applicable provisions in this Title, all Drive-Through Services shall be governed
by the provisions in this Chapter.
Site Plan Review.
Site Plan Review shall be required for all Drive-Through Services in conjunction with a
permitted use or use allowed by Special Use Permit in a non-residential District.
Site Plan Review shall not be required for free standing ATM Facilities. In applicable
Districts, free standing ATM Facilities shall be permitted under the provisions of Section
420.020.
Site Plan Review applications for Drive-Through Services shall comply with all
requirements and procedures set forth in this Chapter 450. In addition, the Director may
require the petitioner to submit, at petitioner's cost, a sealed traffic study, acceptable to
the City, with the Site Plan Review application when the layout of the property or
proposed Drive-Through Services or the existing traffic on the property is deemed to
potentially have an adverse impact on traffic or parking conditions on the property or
adjacent public and private streets and access ways. The traffic study shall include the
following:
Time required to serve a typical customer;
Arrival rate of customers, including peak hours of demand; and
Opinion as to likely impact Drive-Through Services will have on parking and traffic
circulation congestion, both on-site and on adjacent public and private streets and
access ways.
Any Lot that changes its Principal Use must submit, and receive approval of, a new Site
Plan Review prior to operating new Drive-Through Services.
Design Standards. All Drive-Through Services shall adhere to the following site design
standards:
Each queuing lane shall be designed to prevent parking and traffic circulation congestion,
both on-site and on adjacent public and private streets and access ways.
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Queuing lanes shall have a minimum width of twelve (12) feet, unless otherwise waived
by the Commission or Board based on the findings of a traffic study.
Queuing lanes that obstruct the pathway between the off-street parking areas and entries
into the building shall be designed with a pedestrian crossing that is delineated by raised
or delineated pavement and signage.
No Drive-Through Services shall be located across the street from or adjacent to a Lot
used for residential purposes, unless the intervening street is an arterial roadway.
The Commission or Board may require additional landscaping and/or fencing be provided
for Drive-Through Services when it is deemed necessary to provide a visual buffer for
adjacent uses.
Order/menu boards for restaurants shall not exceed seven (7) feet in height or fifty (50)
square feet in area. Order/menu boards in size, location, or number that is not permitted
may be authorized under a Sign Plan, or when possible, in conjunction with or as part of
Site Plan Review.
[Ord. No. 4033, 5-28-2020]
Queuing Space Requirements.
Each queuing space shall be a minimum of twenty-two (22) feet, unless otherwise waived
by the Commission or Board based on the findings of a traffic study.
Queuing spaces for Drive-Through Services shall be provided as follows:
[Ord. No. 4033, 5-28-2020]
Land Use Queuing Spaces*
Financial Institutions 4 queuing spaces per service window or
automated teller unit
Restaurants, with pick-up window and
separate order board and/or pay window
5 queuing spaces, plus 3 queuing spaces
from order board to pay window (if
provided) plus 2 queuing spaces to pick-
up window. If no separate pay window is
provided, a total of 10 queuing spaces
shall be provided.
Restaurants, with pick-up window only 5 queuing spaces
General Retail Use and Personal and
Business Service Shops
3 queuing spaces per service window
ATM facilities 3 queuing spaces
Automotive Washing Facility (Self-Service)Line-up area for each wash stall sufficient
to accommodate 4 cars.
Automotive Washing Facility (Not Self-
Service)
Reservoir (line-up) parking equal to 5
times the capacity of the car wash bay.
Other Uses If the Land Use is not provided above, the
Commission or Board shall determine the
required queuing spaces based on the
traffic report submitted with the Site Plan
Review application and/or analysis of an
existing comparable facility within or in
near proximity of the City.
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Land Use Queuing Spaces*
Exceptions The Commission or Board may reduce or
increase required queuing spaces for a
Land Use provided above based on the
traffic study submitted with the Site Plan
Review application and/or analysis of an
existing comparable facility within or in
near proximity of the City.
Editor's Note: Former Chapter 450, Drive-Through Facilities, containing Section 450.010 was repealed
by Ord. No. 3853.
Chapter 455. Medical Marijuana Business Regulations
Section 455.010. State License Required.
[Ord. No. 3917, 4-25-2019]
All Medical Marijuana Businesses must have the appropriate license and any other required
authorization to operate the Medical Marijuana Business from the Missouri Department of Health and
Senior Services to operate in the City. Applicant may seek zoning approval upon showing of a
submitted application for a State license, but no final approval shall be given until such State issued
license has been obtained and satisfactory proof of such licensure has been provided to the City.
Continued operation in the City shall always require such licensure to remain valid.
Section 455.020. Spacing Requirement For Medical Marijuana
Businesses.
[Ord. No. 3917, 4-25-2019]
No Medical Marijuana Business shall be located within one thousand (1,000) feet of any then-
existing Academic School, Day-Care Center, or Church. For the purposes of this Chapter, "then-
existing" shall mean any Academic School, Day-Care Center, or Church, with a building permit
from the City to be constructed, or under construction, or completed and in use at the time the
Medical Marijuana Business applies for zoning authorization.
No Medical Marijuana Dispensary Facility shall be located within one thousand (1,000) feet of any
other Medical Marijuana Dispensary Facility.
For purposes of this Chapter, the above spacing requirement shall be measured as follows:
In the case of a freestanding facility, the distance between the facility and the Academic
School, Day-Care Center, or Church shall be measured from the property line of the facility to
the closest point of the property line of the Academic School, Day-Care Center, or Church.
In the case of a facility that is part of a larger structure, such as an office building or strip mall,
the distance between the facility and the Academic School, Day-Care Center, or Church shall
be measured from the property line of the Academic School, Day-Care Center, or Church to
the facility's entrance or exit closest in proximity to the Academic School, Day-Care Center, or
Church.
Measurements shall be made along the shortest path between the demarcation points that
can be traveled by foot.
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Section 455.030. Standards For Medical Marijuana Cultivation
Facilities.
[Ord. No. 3917, 4-25-2019]
No building or area of land shall be constructed, altered, or used for a Medical Marijuana
Cultivation Facility without complying with the following regulations and all general requirements of
the "IP-1" District, including obtaining a Special Use Permit in compliance with Chapter 420.
Outdoor Operations Or Storage. All operations and all storage of materials, products, or
equipment shall be within a fully secured area inside the main building structure or outside of
the main structure in a separate, fully secured, and enclosed structure.
On-Site Usage Prohibited. No Marijuana may be smoked, ingested, or otherwise consumed
or Administered on the premises of any Medical Marijuana Cultivation Facility.
Display Of Licenses Required. The Medical Marijuana Cultivation Facility License issued by
the State of Missouri and all licenses or permits issued by the City shall be displayed as
required by State regulations.
Site Plan Review Required. Any plans for a Medical Marijuana Cultivation Facility shall meet
the standard construction requirements of the "IP-1" Industrial Park District outlined in this
Title and approved subject to the standard procedures of Chapter 447 of the Code of the City.
Odor And Non-Residential District Regulations. Every Medical Marijuana Cultivation Facility
shall have and maintain an odor control system at least as stringent as that which is required
by State regulations and shall at all times operate in compliance with all provisions of Chapter
470, "Additional Non-Residential District Regulations," and Chapter 215, "Nuisances."
Security. Every Medical Marijuana Cultivation Facility shall have and maintain security
systems and procedures at least as stringent as that which is required by State regulations.
Additional Requirements. All Medical Marijuana Cultivation Facilities shall comply with all
provisions of Article XIV, Section 1 of the Missouri Constitution as well as any and all rules
and regulations promulgated by the Department of Health and Senior Services for the State of
Missouri regulating medical Marijuana including but not limited to security requirements,
lighting, parking, and patient verification requirements.
A Medical Marijuana Cultivation Facility may be: (1) a completely indoor facility and growing
operation; (2) a completely outdoor facility and/or growing operation; or (3) a
"greenhouse"/hybrid method facility and growing operation so long as such operation
complies with all regulations of the "IP-1" district, all regulations of this Title, all regulations of
Article XIV, Section 1 of the Missouri Constitution, and any rules or regulations of the Missouri
Department of Health and Senior Services relating to medical Marijuana.
Section 455.040. Standards For Medical Marijuana Dispensary
Facilities.
[Ord. No. 3917, 4-25-2019]
No building or area of land shall be constructed, altered, or used for a Medical Marijuana
Dispensary Facility without complying with the following regulations and all general requirements
of the relevant "C-1," "OT-2," or "HP-1" District, including obtaining a Special Use Permit in
compliance with Chapter 420.
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Outdoor Operations Or Storage. No outdoor operations or storage shall be allowed.
On-Site Usage Prohibited. No Marijuana may be smoked, ingested, or otherwise consumed
or Administered on the premises of any Medical Marijuana Dispensary Facility.
Display Of Licenses Required. The Medical Marijuana Dispensary Facility License issued by
the State of Missouri and any and all licenses or permits issued by the City shall be displayed
as required by State regulations.
Site Plan Review Required. Any plans for a Medical Marijuana Dispensary Facility shall meet
the standard construction requirements of the relevant "C-1," "OT-2," or "HP-1" District
outlined in this Title and approved subject to the standard procedures of Chapter 447 of the
Code of the City.
Drive-Through. Medical Marijuana Dispensary Facilities must follow all requirements found in
Chapter 450 of the Code of the City should they wish to utilize a drive-through.
Odor And Non-Residential District Regulations. Every Medical Marijuana Dispensary Facility
shall at all times operate in compliance with all provisions of Chapter 470, "Additional Non-
Residential District Regulations," and Chapter 215, "Nuisances."
Security. Every Medical Marijuana Dispensary Facility shall have and maintain security
systems and procedures at least as stringent as that which is required by State regulations.
Additional Requirements. All Medical Marijuana Dispensary Facilities shall comply with all
provisions of Article XIV, Section 1 of the Missouri Constitution as well as any and all rules
and regulations promulgated by the Department of Health and Senior Services for the State of
Missouri regulating medical Marijuana including but not limited to security requirements,
lighting, parking, and patient verification requirements.
Section 455.050. Standards For Medical Marijuana-Infused
Products Manufacturing Facilities.
[Ord. No. 3917, 4-25-2019]
No building or area of land shall be constructed, altered, or used for a Medical Marijuana-Infused
Products Manufacturing Facility without complying with the following regulations and all general
requirements of the "IP-1" District, including obtaining a Special Use Permit in compliance with
Chapter 420.
Outdoor Operations Or Storage. All operations and all storage of materials, products, or
equipment shall be within a fully secured area inside the main building structure or outside of
the main structure in a separate, fully secured, and enclosed structure.
On-Site Usage Prohibited. No Marijuana may be smoked, ingested, or otherwise consumed
or Administered on the premises of any Medical Marijuana-Infused Products Manufacturing
Facility.
Display Of Licenses Required. The Medical Marijuana-Infused Products Manufacturing
Facility License issued by the State of Missouri and all licenses or permits issued by the City
shall be displayed as required by State regulations.
Site Plan Review Required. Any plans for a Medical Marijuana-Infused Products
Manufacturing Facility shall meet the standard construction requirements of the "IP-1"
Industrial Park District outlined in this Title and approved subject to the standard procedures
of Chapter 447 of the Code of the City.
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Odor And Non-Residential District Regulations. Every Medical Marijuana-Infused Products
Manufacturing Facility shall have and maintain an odor control system at least as stringent as
that which is required by State regulations and shall at all times operate in compliance with all
provisions of Chapter 470, "Additional Non-Residential District Regulations," and Chapter
215, "Nuisances."
Security. Every Medical Marijuana-Infused Products Manufacturing Facility shall have and
maintain security systems and procedures at least as stringent as that which is required by
State regulations.
Additional Requirements. All Medical Marijuana-Infused Products Manufacturing Facilities
shall comply with all provisions of Article XIV, Section 1 of the Missouri Constitution as well as
any and all rules and regulations promulgated by the Department of Health and Senior
Services for the State of Missouri regulating medical Marijuana including but not limited to
security requirements, lighting, parking, and patient verification requirements.
Section 455.060. Standards For Medical Marijuana Testing
Facilities.
[Ord. No. 3917, 4-25-2019]
No building or area of land shall be constructed, altered, or used for a Medical Marijuana Testing
Facility without complying with the following regulations and all general requirements of the "IP-1"
District, including obtaining a Special Use Permit in compliance with Chapter 420.
Outdoor Operations Or Storage. No outdoor operations or storage shall be allowed.
No Marijuana may be smoked, ingested, or otherwise consumed or Administered on the
premises of any Medical Marijuana Testing Facility except for testing purposes utilizing
methods and standards certified by the Department of Health and Senior Services for the
State of Missouri or other appropriate agency.
Display Of Licenses Required. The Medical Marijuana Testing Facility License/Certification
issued by the State of Missouri and all licenses or permits issued by the City shall be
displayed as required by State regulations.
Site Plan Review Required. Any plans for a Medical Marijuana Testing Facility shall meet the
standard construction requirements of the "IP-1" Industrial Park District outlined in this Title
and approved subject to the standard procedures of Chapter 447 of the Code of the City.
Odor And Non-Residential District Regulations. Every Medical Marijuana Testing Facility shall
at all times operate in compliance with all provisions of Chapter 470, "Additional Non-
Residential District Regulations," and Chapter 215, "Nuisances."
Security. Every Medical Marijuana Testing Facility shall have and maintain security systems
and procedures at least as stringent as that which is required by State regulations.
Accreditation, Standards, And Procedures. Every Medical Marijuana Testing Facility shall at
all times maintain in good standing their accreditation as required by State regulations and
utilize standards and procedures for personnel and for the testing of medical marijuana in all
forms which are at least as stringent as those which are required by State regulations.
Additional Requirements. All Medical Marijuana Testing Facilities shall comply with all
provisions of Article XIV, Section 1 of the Missouri Constitution as well as any and all rules
and regulations promulgated by the Department of Health and Senior Services for the State of
Missouri regulating medical Marijuana and the testing and safety requirements thereof
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including but not limited to security requirements, lighting, parking, and patient verification
requirements.
Section 455.070. Standards For Medical Marijuana
Transportation Facilities.
[Ord. No. 3917, 4-25-2019]
No building or area of land shall be constructed, altered, or used for a Medical Marijuana
Transportation Facility without complying with the following regulations and all general
requirements of the "IP-1" District, including obtaining a Special Use Permit in compliance with
Chapter 420.
Outdoor Operations Or Storage. No outdoor operations or storage shall be allowed unless
otherwise authorized by State regulations.
No Marijuana may be smoked, ingested, or otherwise consumed or Administered on the
premises of any Medical Marijuana Transportation Facility.
Display Of Licenses Required. The Medical Marijuana Transportation Facility
License/Certification issued by the State of Missouri and all licenses or permits issued by the
City shall be displayed as required by State regulations.
Site Plan Review Required. Any plans for a Medical Marijuana Transportation Facility shall
meet the standard construction requirements of the "IP-1" Industrial Park District outlined in
this Title and approved subject to the standard procedures of Chapter 447 of the Code of the
City.
Odor And Non-Residential District Regulations. Every Medical Marijuana Transportation
Facility shall at all times operate in compliance with all provisions of Chapter 470, "Additional
Non-Residential District Regulations," and Chapter 215, "Nuisances."
Security. Every Medical Marijuana Transportation Facility shall have and maintain security
systems and procedures at least as stringent as that which is required by State regulations.
Additional Requirements. All Medical Marijuana Transportation Facilities shall comply with all
provisions of Article XIV, Section 1 of the Missouri Constitution as well as any and all rules
and regulations promulgated by the Department of Health and Senior Services for the State of
Missouri regulating medical Marijuana including but not limited to security requirements,
lighting, parking, and record retention and maintenance requirements.
Chapter 456. Regulations for Sexually-Oriented Businesses
Editor's Note — Ordinance no. 3001 §1, adopted December 23, 2008, repealed title IV in its entirety.
See editor's note at beginning of title IV.
Section 456.010. Definitions.
[Ord. No. 3001 §1, 12-23-2008]
For the purposes of this Chapter, the following terms shall be defined as follows:
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated, slug-operated or for
any form of consideration, electronically, electrically or mechanically controlled still or motion
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picture machines, projectors, video or laser disc players or other image-producing devices are
maintained to show images to five (5) or fewer persons per machine at any one (1) time and
where the images so displayed are distinguished or characterized by the depicting or describing of
specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE; ADULT NOVELTY STORE; ADULT VIDEO STORE
A commercial establishment that has as a substantial or significant portion of its stock-in-trade and
offers for sale, for any form of consideration, any one (1) or more of the following:
Books, magazines, periodicals or other printed matter or photographs, films, motion pictures,
video cassettes or disks, slides or other visual representations that are characterized by an
emphasis upon the depiction or description of specified sexual activities or specified
anatomical areas; or
Instruments, devices or paraphernalia that are designed or marketed for use in connection
with specified sexual activities. A commercial establishment may have other principal
business purposes that do not involve the offering for sale or rental of material depicting or
describing specified sexual activities or specified anatomical areas and still be categorized as
an adult bookstore, adult novelty store or adult video store. Such other business purposes will
not serve to exempt such commercial establishments from being categorized as an adult
bookstore, adult novelty store or adult video store so long as one (1) of its principal business
purposes is the offering for sale or rental for consideration the specified materials which are
characterized by the depiction or description of specified sexual activities or specified
anatomical areas. It shall be presumed that a commercial establishment falls within this
definition when the establishment holds itself out or advertises itself as an adult bookstore,
adult novelty store or adult video store or where more than twenty-five percent (25%) of the
retail value of merchandise offered for sale consists of the materials described herein or
where more than ten percent (10%) of its display space is used for the materials described
herein.
ADULT CABARET
A nightclub, bar, restaurant or similar establishment that regularly features live performances that
are characterized by the exposure of specified anatomical areas or by specified sexual activities or
films, motion pictures, video cassettes or disks, slides or other photographic reproductions in
which a substantial or significant portion of the total presentation time is devoted to the showing of
material that is characterized by specified sexual activities or specified anatomical areas.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration; provides patrons with
closed-circuit television transmissions, films, motion pictures, video cassettes or disks, slides
or other photographic reproductions which are characterized by the depiction or description of
specified sexual activities or specified anatomical areas and has a sign visible from the public
right-of-way which advertises the availability of this adult type of photographic reproductions;
or
Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
Allows a tenant or occupant of the sleeping room to subrent the room for a period of time that
is less than ten (10) hours.
Evidence that a sleeping room in a hotel, motel or a similar commercial establishment
has been rented and vacated two (2) or more times in a period of time that is less than
ten (10) hours creates a rebuttable presumption that the establishment is an adult
motel.
ADULT MOTION PICTURE THEATER
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An establishment where, for any form of consideration, films, motion pictures, video cassettes or
disks, slides or similar photographic reproductions are shown, and in which a substantial or
significant portion of the total presentation time is devoted to the showing of material characterized
by an emphasis on the depiction or description of specified sexual activities or specified
anatomical areas.
ADULT THEATER
A theater, concert hall, auditorium or similar establishment in which a substantial or significant
portion of the presentation time is devoted to the exposure of specified anatomical areas or to
specified sexual activities.
ESCORT
A person who, for consideration, agrees or offers to act as a companion, guide or date for another
person or who agrees to privately model lingerie or to privately perform a strip tease for another
person.
ESCORT AGENCY
A person or business association who furnishes, offers to furnish or advertises to furnish escorts
as one (1) of its primary business purposes for a fee, tip or other consideration.
ESTABLISHMENT
Any of the following:
The opening or commencement of a sexually-oriented business as a new business;
The conversion of an existing business, whether or not a sexually-oriented business, to any
sexually-oriented business;
The addition of any sexually-oriented business to any other existing sexually-oriented
business; or
The relocation of any sexually-oriented business.
MASSAGE PARLOR
A commercial establishment where, for any form of consideration, massage, alcohol, rub,
fomentation, electric or magnetic treatment or similar treatment or manipulation of the human body
is administered, unless such treatment or manipulation is administered by a medical practitioner,
chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State.
This definition does not include an athletic club, health club, school, gymnasium, reducing salon,
spa or similar establishment where massage or similar manipulation of the human body is offered
as an incidental or accessory service.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
SEXUAL ENCOUNTER ESTABLISHMENT
A commercial establishment other than a hotel, motel or similar establishment offering public
accommodations which, for any form of consideration, provides a place where two (2) or more
persons may congregate, associate or consort in connection with specified sexual activities or the
exposure of specified anatomical areas. This definition does not include an establishment where a
medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State
engages in sexual therapy.
SEXUALLY-ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel,
adult motion picture theater, adult theater, escort agency, massage parlor or sexual encounter
establishment.
SEXUALLY-ORIENTED MERCHANDISE
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Instruments, devices, gifts or paraphernalia that are designed or marketed for use in connection
with specified sexual activities or clothing that graphically depicts or exposes specified anatomical
areas or books, magazines, periodicals or other printed matter or photographs, films, motion
pictures, video cassettes or disks, slides or other visual representations that are characterized by
an emphasis upon the depiction or description of specified sexual activities or specified anatomical
areas.
SPECIFIED ANATOMICAL AREAS
Any of the following:
Bare human male or female genitals, buttocks, anus or pubic area with less than opaque
clothing covering.
The female breast below a horizontal line across the top of the areola, or a simulation thereof,
at its highest point with less than fully opaque clothing covering. This definition shall include
the entire lower portion of the human female breast, but shall not include any portion of the
cleavage of the human female breast exhibited by dress, blouse, shirt, leotard, bathing or
swim suit, or other wearing apparel, provided the areola is not exposed in whole or in part; or
The covered male genitals in a discernibly turgid state.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or
female breasts;
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation,
masturbation or sodomy; or
Excretory functions as part of or in connection with any of the activities set forth in (1) through
(2) above.
SUBSTANTIAL ENLARGEMENT OF SEXUALLY-ORIENTED BUSINESS
An increase in floor areas occupied by the business by more than twenty-five percent (25%), as
the floor areas exist on the date this Chapter took effect (December 16, 2002).
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY-ORIENTED BUSINESS
Any of the following:
The sale, lease or sublease of the business;
The transfer of securities which constitute a controlling interest in the business, whether by
sale, exchange or similar means; or
The establishment of a trust, gift or other similar legal device which transfers the ownership or
control of the business, except for transfer by bequest or other operation of law upon the
death of the person possessing the ownership or control.
Section 456.020. Location of Sexually-Oriented Businesses.
[Ord. No. 3001 §1, 12-23-2008]
A person may operate or cause to be operated a sexually-oriented business in accordance with
the following regulations:
A sexually-oriented business may only be operated in "IP-1", "BP-1", "BP-2" and "HP-1"
zoning districts as those districts are defined in the Municipal Code and the Zone District Map
of the City of Fenton.
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A sexually-oriented business shall not be operated within one thousand (1,000) feet of the
following:
A church, synagogue, mosque, temple or building which is used for religious worship and
related religious activities;
A public library or a public or private educational facility including, but not limited to, child
day care facilities, nursery schools, preschools, kindergartens, elementary schools,
private schools, intermediate schools, junior high schools, middle schools, high schools,
vocational schools, secondary schools, continuation schools, special education schools,
junior colleges and universities; school includes the school grounds;
A boundary of a residential zoning district as defined in the Municipal Code of the City of
Fenton and its Zone District Map;
A public park or recreational area which has been designated for park or recreational
activities including, but not limited to, a park, playground, nature trails, swimming pool,
reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness
areas or other similar public land within the City of Fenton;
The property line of a lot devoted to a residential use;
An entertainment business which is oriented primarily towards children or family
entertainment; or
A licensed premises, licensed pursuant to the alcoholic beverage control regulations of
the State.
For purposes of this provision, measurement shall be made in a straight line,
without regard to the intervening structures or objects, from the nearest portion
of the building or structure used as the part of the premises where a sexually-
oriented business is conducted to the nearest property line of the premises of
one (1) of the above-listed uses. Presence of a City, Municipal Code of the City
of Fenton or other political subdivision boundary shall be irrelevant for
purposes of calculating and applying the distance requirements of this
provision.
A sexually-oriented business shall not be operated, established, substantially enlarged or
undergo transfer of ownership or control within one thousand (1,000) feet of another sexually-
oriented business. For purposes of this provision, the distance between any two (2) sexually-
oriented businesses shall be measured in a straight line, without regard to the intervening
structures or objects or political boundaries, from the closest exterior wall of the structure in
which each business is located.
A person shall not cause or permit the operation, establishment or maintenance of more than
one (1) sexually-oriented business in the same building, structure or portion thereof or the
increase of floor area of any sexually-oriented business in any building, structure or portion
thereof containing another sexually-oriented business.
Any sexually-oriented business lawfully operating on the effective date of this Chapter
(December 16, 2002) that is in violation of this Chapter shall be deemed a non-conforming
use. The non-conforming use will be permitted to continue for a period not to exceed two (2)
years, unless sooner terminated for any reason or voluntarily discontinued for a period of
thirty (30) days or more. Such non-conforming uses shall not be increased, enlarged,
extended or altered except that the use may be changed to a conforming use. If two (2) or
more sexually-oriented businesses are within one thousand (1,000) feet of one another and
otherwise in a permissible location, the sexually-oriented business which was first established
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and continually operating at a particular location is the conforming use and the later-
established business(es) is/are non-conforming.
Section 456.030. Hours of Operation.
[Ord. No. 3001 §1, 12-23-2008]
No sexually-oriented business, except for an adult motel, may remain open at any time between the
hours of 11:00 P.M. and 9:00 A.M.
Section 456.040. Exterior Portions of Sexually-Oriented
Businesses.
[Ord. No. 3001 §1, 12-23-2008]
Sexually-oriented merchandise or activities of the sexually-oriented business shall not be visible
from any point outside such business.
The exterior portions of a sexually-oriented business shall not have flashing light or any words,
lettering, photographs, silhouettes, drawings or pictorial representations of any manner except to
the extent permitted by the provisions of this Chapter.
The exterior portions of a sexually-oriented business shall be painted a single achromatic color;
however, this provision shall not apply to the business if the following conditions are met:
The business is part of a commercial multi-unit center; and
The exterior portions of each individual unit in the commercial multi-unit center, including the
exterior portions of the business, are painted the same color as one another or are painted in
such a way so as to be a component of the overall architectural style or pattern of the
commercial multi-unit center.
Nothing in this Section shall be construed to require the painting of an otherwise unpainted
exterior portion of an enterprise.
Section 456.050. Signage.
[Ord. No. 3001 §1, 12-23-2008]
Any person operating a sexually-oriented business shall comply with the signage requirements set
forth in the Municipal Code of the City of Fenton. However, the following requirements apply to
signage for sexually-oriented businesses and supersede any conflicting provisions in the
Municipal Code of the City of Fenton:
Only one (1) on-premises properly permitted sign is allowed to advertise the sexually-oriented
business.
Signs shall be a flat plane rectangular in shape and have no more than two (2) display
surfaces. Each display surface shall not exceed seventy-five (75) square feet in area and
shall not exceed ten (10) feet in height or ten (10) feet in length.
No sign shall contain photographs, silhouettes, drawings or pictorial representations of any
manner and may only contain the following:
The name of the business; and/or
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One (1) or more of the following phrases:
Adult Arcade
Adult Bookstore
Adult Novelty Store
Adult Video Store
Adult Cabaret
Adult Motel
Adult Motion Picture Theater
Adult Theater
Escort Agency
Massage Parlor
Adult Encounter Establishment
Signs for adult movie theaters may contain the additional phrase "Movie Titles Posted
Inside Premises".
Each letter forming a word on a sign shall be of a solid color and each such letter shall be the
same print-type, size and color. The background behind such lettering on the display surface
of a primary sign shall be of a uniform and solid color.
Section 456.060. Violations and Penalties.
[Ord. No. 3001 §1, 12-23-2008]
Misdemeanor. Any person who violates any provision of this Chapter shall be guilty of a municipal
ordinance violation and shall be punished by a fine not to exceed one thousand dollars
($1,000.00) per day or ninety (90) days imprisonment, or both. Each and every day that such
violation continues shall constitute a separate offense.
Persons Liable. The owner or general agent of any such land, building, structure or premises
where a violation of these provisions has been committed or shall exist, or the lessee or tenant of
any entire building or entire premises where such violation has been committed or shall exist, or
the owner, general agent, lessee or tenant of any part of the building or premises in which the
violation has been committed or shall exist, or the owner, general agent, architect, builder or
contractor or any other person who knowingly commits, takes part or assists in such violation or
who maintains any building or premises in which any such violation shall exist shall be guilty of a
municipal ordinance violation and shall be punished by a fine not to exceed one thousand dollars
($1,000.00) per day or ninety (90) days imprisonment, or both. Each and every day that such
violation continues shall constitute a separate offense.
Inspection/Notice. The Director or his/her duly authorized representative shall have the power to
cause any land, building, structure, place or premises to be inspected and examined and to order
in writing the remedying of any condition found to exist therein in violation of this Chapter. If the
Director or his/her duly authorized representative finds that the use of any building, structure or
land or the work on any building or structure violates any of the provisions of this Chapter, the
Director or his/her duly authorized representative shall sign and issue a written order so stating.
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With respect to uses that violate this Chapter, the written order shall direct that such use(s) be
stopped within ten (10) days. With respect to work on buildings or structures that violate this
Chapter, the written order shall direct that such work be stopped immediately. The written order
shall be served upon the owner and (where appropriate) the tenant or lessee or occupant of the
building, structure or land that is the subject of the violation, as well as on any person doing work
on buildings or structures in violation of this Chapter.
Actions To Abate. Nothing in this provision shall be construed to limit the ability of the City of
Fenton or other affected persons to pursue any other remedies available, including a suit for
injunction, in order to enforce the provisions of this act or prevent any illegal act, conduct,
business or use in or about the premises.
Section 456.070. Enforcement.
[Ord. No. 3001 §1, 12-23-2008]
Enforcement of this Chapter shall be responsibility of the Community Development Department. The
office of the City Attorney shall be responsible for prosecuting these cases or pursuing other legal
remedies for the violations of the Chapter.
Chapter 457. Regulations for Single Family Dwellings Used
as a Group Home or Foster Home
Section 457.010. Single Family Dwellings Used as a Group
Home or Foster Home.
[Ord. No. 3549 §4, 10-22-2015]
Purpose. It is necessary and desirable to ensure suitable sites for group homes and foster homes
in residential areas, provided that, in furtherance of the goal of deinstitutionalization, group homes
and foster homes are integrated fully into the community in which they seek to locate, seamlessly
adhering to the character and aesthetics of the neighborhood. Additionally, group homes should
not be unduly concentrated in neighborhoods so as to ensure that mentally or physically disabled
persons are afforded the opportunity to be fully assimilated into the community.
Regulations.
Group homes. In order to promote deinstitutionalization and dispersal of group homes, no
group home may be located within five hundred (500) feet of another group home, measured
by the straight line distance between the nearest points of the exterior walls (exclusive of
overhangs) of the buildings within which the relevant facilities or uses are located; or
Adjoin any lot upon which another group home already exists, or
Be separated from any lot upon which an existing group home already exists only by a
street or roadway.
To achieve the deinstitutionalization and dispersal goals referenced herein, owners and
operators of group homes must register the facility with the Community Development
Department on forms provided for that purpose. Owners and operators of group homes
must also notify the Community Development Department of any change of use,
transfer or termination of a group home use and revise the facility registration as
appropriate. No fees will be associated with the registration.
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Foster home and group homes. For any single family dwelling used as a foster home or group
home, the exterior appearance of the home and real property shall be in keeping with the
character of the other single-family dwellings in the immediate neighborhood, and shall
comply with applicable Building Code occupancy limits, signage regulations and other
standards applicable to single-family dwellings shall apply.
Notwithstanding any other provision of this Section to the contrary, any individual, group or
entity may make a request for reasonable accommodation from the provisions of this Section
pursuant to the procedures set forth in Section 245.070 of this Code.
Chapter 460. Accessory Buildings, Structures and Uses
Section 460.010. General Requirements For Accessory
Buildings, Structures And Accessory Uses.
[Ord. No. 3631 § 3, 10-27-2016[1]]
For the purpose of this Chapter, the term "accessory use" shall also include accessory buildings
and structures. As set forth in the definitions, to be considered an accessory use, a use, building
or structure must be incidental to, subordinate in size or purpose, and customary in conjunction
with the principal building, structure or principal use and is located on the same lot as the principal
building, structure or principal use.
Permitted accessory uses, include, but are not limited to, the following:
Detached private garages.
Detached carports.
Greenhouses (non-commercial).
Swimming pools (in-ground and above ground), including hot tubs and elevated pool decks.
Tennis, basketball, volleyball, and other similar sport courts.
Storage structures.
Private stables located in the "R-1" Zoning District.
Accessory uses related to a permitted farm use located in the "R-1" Zoning District.
Home occupations — See Section 460.030 below.
Qualifying Patient Medical Marijuana Cultivation — See Section 460.040, below.
[Ord. No. 3917, 4-25-2019]
A permit is required for any accessory building or structure, except accessory uses that are:
Unattached to the ground and less than one hundred twenty (120) square feet in size; or
A home occupation.
Qualifying Patient Medical Marijuana Cultivation as authorized by Article XIV, Section 1 of the
Missouri Constitution.
[Ord. No. 3917, 4-25-2019]
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Exemptions from the permit requirement shall not be deemed to grant authorization for any
accessory use to be constructed and maintained in violation of this Chapter, the Zoning
Code or any other laws or ordinances of the City.
All accessory uses shall conform to the requirements of this Chapter as necessary to ensure the
public's safety and general welfare.
All accessory uses shall be adequately attached to the ground and shall be erected in a secure
and wind-resistant manner.
Accessory buildings or structures shall not be used for dwelling purposes.
Storage structures may be erected upon a lot in a Residential District prior to the construction of
the principal structure provided that said storage structure does not encroach the required front
setback of the Zoning District and has a minimum setback of five (5) feet from all other lot lines.
The height or size of an accessory use shall not exceed the height or size of the principal building;
except in the "R-1" District where the principal use of the property is residential, the height of the
accessory use may exceed the height of the principal building but shall not be permitted to exceed
twenty (20) feet in height.
[Ord. No. 3824, 7-26-2018; Ord. No. 3840, 8-23-2018]
No more than one (1) storage structure shall be permitted on any lot in the Residential Zone
Districts.
[Ord. No. 3840, 8-23-2018]
Except as otherwise provided in Subsection (H) above, detached private garages and detached
carports associated with a residential use shall not exceed twenty (20) feet in height, or the height
of the principal building, whichever is less.
[Ord. No. 3824, 7-26-2018; Ord. No. 3840, 8-23-2018]
Except as otherwise provided in Subsection (H) above, storage structures associated with a
residential use shall not exceed twelve (12) feet in height.
[Ord. No. 3824, 7-26-2018; Ord. No. 3840, 8-23-2018]
No accessory use, except detached private garages, detached carports, sport courts and
swimming pools, shall be larger than ten percent (10%) of the rear yard of the lot. In no event shall
the total square footage of all accessory uses on a lot exceed thirty percent (30%) of the total rear
yard area.
Except as otherwise provided within this Title IV or in the following circumstances, accessory uses
may only be located within the principal building or within the rear yard of any lot and have a
minimum setback at least five (5) feet from any adjacent lot line.
Temporary roadside stands offering for sale farm products produced on a lot within a
Residential District may be located within the front yard.
Temporary lemonade stands or similar temporary stands operated by minors on a lot within a
Residential District may be located within the front yard.
Retaining walls may be located in any yard of the lot in which it is constructed.
Outdoor Displays, Sales and Storage — See Chapter 461.
[Ord. No. 3851, 8-23-2018]
Exceptions. Notwithstanding the regulations of this Chapter, the following are regulated elsewhere
in this Title IV.
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Fencing — see Chapter 462.
Driveways — see Chapter 495.
Off-Street Parking and Loading — see Chapter 496.
Outdoor Displays, Sales and Storage of Merchandise — See Chapter 461.
Signs — see Chapter 485.
Solar Energy Systems — See Chapter 464.
Outdoor Dining — See Chapter 448.
[Ord. No. 3854, 9-27-2018[2]]
Editor's Note: Ord. No. 3854 also renumbered former Subsection (N)(7), which immediately
follows, to be Subsection (N)(8).
Other accessory uses not specifically regulated shall comply with the use regulations
requirements of the applicable Zoning District in which they are located.
Editor's Note: Former Chapter 460, Accessory Buildings, Structures And Uses, containing Sections
460.010 — 460.020, which derived from Ord. No. 3268 § 1, 6-28-2012, was repealed 10-27-2016 by
§ 3 of Ord. No. 3631.
Section 460.020. Additional Requirements For Non-Residential
Use And Multiple-Family Dwelling Accessory Structures,
Buildings And Accessory Uses.
[Ord. No. 3631 § 3, 10-27-2016; Ord. No. 3824, 7-26-2018]
Accessory buildings or structures that are two hundred (200) square feet or more in size shall
require Site Plan Review (See Chapter 447).
Enclosed accessory buildings that are two hundred (200) square feet or more in size shall have
exterior building materials that are compatible with the with the principal building to which it is
related.
Section 460.030. Additional Requirements For Home
Occupations.
[Ord. No. 3631 § 3, 10-27-2016]
Home occupations are allowed as an accessory use, provided that the home occupation meets
the definition provided in Section 400.030(B) of this Code and that:
No person not a resident on the premises is employed.
No stock-in-trade or commodities shall be displayed on the premises.
No internal or external alterations or special construction of the premises is involved.
No equipment or materials shall be used which creates offensive noise, vibrations, sound,
smoke, dust, odors, heat, glare, x-ray or electrical disturbance to radio or television
instruments.
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No generation of unreasonable volumes of vehicular or pedestrian traffic or parking demand
is created nor shall the traffic create a nuisance nor block or interfere with the regular flow of
traffic. Additionally, no commercial vehicle shall be used in connection with the home
occupation for delivery of goods to or from the premises, nor parked on the property. This
provision does not preclude the delivery of mail or packages by the Postal Service or by
private or public shipping and courier services. Home occupations shall not generate more
than an average of one (1) truck delivery per day.
Equipment or materials used in the home occupation may not be stored outdoors.
Within the above requirements of Subsection (A), a home occupation, includes, but is not limited
to, the following: Art studio; babysitting limited to four (4) children at one (1) time; dressmaking;
millinery; office of a physician or dentist for consultation or emergency treatment, but not for
general professional practice; professional office of a real estate agent, insurance agent or similar
occupation; and teaching limited to not more than four (4) pupils at one (1) time. A home
occupation shall not be interpreted to include barbershops, beauty shops, auto repairing, antique
shops, sign painting, restaurants, electrical appliance shops or any light manufacturing or
assembling operations.
Section 460.040. Additional Requirements For Qualifying Patient
Medical Marijuana Cultivation.
[Ord. No. 3917, 4-25-2019]
Qualifying Patient Medical Marijuana Cultivation. On any lot in the City, a person holding a current,
valid Medical Marijuana Cultivation Identification Card issued by the State of Missouri may have
as an accessory use Medical Marijuana Cultivation as permitted by Article XIV, Section 1.7(9) of
the Missouri Constitution so long as all of the following conditions are met:
The accessory use must take place only in a facility that is enclosed, locked, and equipped
with security devices (the "Cultivation Area"), all of which shall be designed in such a way as
to permit access only by the Qualifying Patient or by such patient's Primary Caregiver and in
conformance with all Federal and Missouri laws and regulations.
The State-issued Medical Marijuana Cultivation Identification Card or Cultivation Authorization
must be clearly displayed within the Cultivation Area and in close proximity to the marijuana
plants.
The accessory use must have an odor control system that is at least as stringent as that
which is required by Missouri regulations.
No marijuana may be smoked, ingested, or otherwise consumed or Administered on the lot
except by a Qualifying Patient.
One (1) Qualifying Patient, or the Primary Caregiver for that person on their behalf, may
cultivate up to six (6) Flowering Marijuana Plants and six (6) non-flowering marijuana plants at
any given time in a single, enclosed, locked facility.
Two (2) Qualifying Patients, who both hold valid Medical Marijuana Cultivation Identification
Cards, may share one (1) enclosed, locked facility but no more than twelve (12) Flowering
Marijuana Plants and twelve (12) non-flowering marijuana plants may be cultivated in a
single, enclosed, locked facility, except when one (1) of the Qualifying Patients, as a Primary
Caregiver, also holds a Medical Marijuana Cultivation Identification Care for a third Qualifying
Patient, in which case that Primary Caregiver may cultivate six (6) additional Flowering
Marijuana Plants and six (6) additional non-flowering marijuana plants for a total of eighteen
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(18) Flowering Marijuana Plants and eighteen (18) non-flowering marijuana plants in a single,
enclosed, locked facility.
All cultivated Flowering Marijuana Plants in the possession of a Qualifying Patient or Primary
Caregiver shall be clearly labeled with the Qualifying Patient's name.
All Medical Marijuana Cultivation must cease immediately upon the expiration, suspension, or
revocation of a State-issued Medical Marijuana Cultivation Identification Card.
Nothing in this Section shall convey or establish a right to cultivate medical marijuana in a
facility or premises where State or Federal law or a private contract would otherwise prohibit
doing so.
Chapter 461. Outdoor Displays, Sales and Storage
Section 461.005. Purpose.
[Ord. No. 3851, 8-23-2018[1]]
The purpose of this Chapter is to provide regulations for outdoor displays, sales, and storage related to
non-residential establishments in the City of Fenton.
Editor's Note: Former Chapter 461, Outdoor Displays, Sales And Storage Of Merchandise, containing
Sections 461.005 — 461.040, was repealed 8-23-2018 by Ord. No. 3851.
Section 461.010. General Regulations.
[Ord. No. 3851, 8-23-2018]
Accessory Use. Unless otherwise provided for within this Title, outdoor displays, sales, Storage
Areas, and Bins are deemed to be an accessory use related to a permitted non-residential use,
must be located on the same premises of the establishment, and must be subordinate in size or
purpose to the Principal Structure or Use.
Maintenance; Enforcement. Outdoor displays, sales, Storage Areas, and Bins are to be located on
a paved surface and maintained in a safe, neat and orderly manner. If the Director or authorized
representative determines an outdoor display, sale, Storage Area, Container or Bin to be unsafe or
in violation of the standards set forth for exterior areas (Chapter 505), such shall be deemed a
code violation subject to penalties and enforcement set forth in Section 100.060. The Director may
immediately shut down any display or sale that is determined to be an immediate health and
safety hazard.
No Interference. Outdoor displays, sales, Storage Areas, and Bins shall not encroach, interfere
and/or obstruct vehicular access from designated fire lanes, drive aisles and/or impede the flow of
pedestrian traffic on sidewalks or be located where the required number of parking spaces for the
Principal Use of the premises is diminished.
Section 461.020. Outdoor Displays Or Sales Of Merchandise.
[Ord. No. 3851, 8-23-2018]
Outdoor displays or sales of merchandise are permitted when located adjacent to the front or side
building elevation of the establishment to which it is related.
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Outdoor displays or sales of merchandise not located adjacent to the front or side building
elevation of the establishment in which it is related, as reasonably determined by the Community
Development Director, but on the same premises, requires approval by the Special Use Permit.
Section 461.030. Outdoor Storage Areas And Outdoor Storage
Bins.
[Ord. No. 3851, 8-23-2018]
Special Use Permit. Outdoor Storage Areas and Bins are permitted in all Business Zoned
Districts, except the "BP-4" District, subject to Special Use Permit approval and compliance with
the following regulations:
Outdoor Storage Areas or Bins shall be located behind the Front Elevation Line of the
Principal Building and confined to the Side or Rear Yard of the Property.
No Outdoor Storage Area or Bin shall be within five (5) feet of any Side or Rear Lot Line.
When an Outdoor Storage Area or material contained in an Outdoor Storage Bin is visible
from a street, Blind Fencing as specified in Section 462.020 of this Title shall be provided.
Additional landscaping material may be required to achieve necessary screening
Additional Blind Fencing and/or landscaping material may be required when deemed
necessary to shield visibility of the Outdoor Storage Area or Bin from adjacent properties.
Exception. Outdoor Storage Areas and Bins are permitted in the "IP-1" District, without obtaining a
Special Use Permit, but subject to approval of an Outdoor Storage Permit by the Director when in
compliance with Subsection (A)(1 — 4) above. The Director may approve an alternative surface
material for outdoor storage areas in the "IP-1" District.
Chapter 462. Fencing
Editor's Note — Ordinance no. 3001 §1, adopted December 23, 2008, repealed title IV in its entirety.
See editor's note at beginning of title IV.
Section 462.010. Purpose.
[Ord. No. 3001 §1, 12-23-2008]
This Chapter contains the regulations concerning fences, fencing and fencing materials installed,
constructed and erected within the City of Fenton. These regulations may be supplemented and
qualified by additional general regulations appearing elsewhere in this Title which are incorporated as
part of this Chapter by reference.
Section 462.020. Requirements.
[Ord. No. 3001 §1, 12-23-2008]
Fencing on any property within the City shall be regulated as follows:
All fencing shall be constructed with the structural or supporting members facing toward the
area to be enclosed or in such a manner as to present the least conspicuous view of these
members to the public.
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All fencing for security or property demarcation shall be no greater than six (6) feet in overall
height. Fencing in excess of six (6) feet may be allowed after giving due consideration for the
public safety, health and welfare of the City by the Director, or as otherwise provided for within
this Chapter.
All fencing used for security or property demarcation shall be on or inside the rear and side
property lines and shall not extend towards the street beyond the front of the building, except
as otherwise provided for within this Chapter. For these purposes, the front of the building is
considered the side of the building facing towards the street. On corner lots, the front shall be
where the entrances to the building are located.
Fencing four (4) feet or less in height may be considered by the Director beyond the front line
of the main building in the front setback area if it is needed for safety concerns related to
pools, water parks, retaining wall, detention basins, etc.
No fence shall be constructed on any portion of the lot within thirty (30) feet of the intersection
of two (2) or more streets.
Fences must be kept in good repair and properly preserved. The property owner shall repair,
paint, remove or otherwise attend to any fence if it becomes unsightly or a menace to public
health, safety and welfare. The Director is hereby empowered to issue notices to property
owners to comply with this Section. Owners will be given a reasonable time to comply with
this Section but not to exceed forty-five (45) days except that a longer period may be given at
the discretion of the Director if such compliance would cause an undue hardship.
Allowable materials for fencing, except where otherwise provided for in this Title, may include
wood, plastic or other synthetic materials, woven fabric, chain-link or masonry elements.
The replacement of existing damaged fencing, including the height, material and location of
original construction, shall not be prohibited by any provision within this Chapter.
Fencing on any property used for commercial, industrial or multi-family residential purposes shall
further be regulated as follows:
Blind fencing for Outdoor Storage Areas or Bins where required within this Title, may exceed
six (6) feet in overall height to block and shield visibility of Outdoor Storage Areas and Bins
from the adjacent streets or properties. The materials used for blind fencing shall be of high
durability, quality and require low maintenance. Any chain-link fencing with slats used to
screen Outdoor Storage Areas or Bins must be vinyl-coated and be of an earth-tone color.
[Ord. No. 3851, 8-23-2018]
Where chain-link fencing is needed to enclose the activities of an accessory use so as to
protect participants and the public, it shall be vinyl-coated and the height of the fencing shall
not exceed ten (10) feet so long as the accessory use does not take up more than thirty-five
percent (35%) of the front yard area. Netting suspended beyond the height of the fence
enclosing the activity in order to protect the safety to the traveling public from recreational
activities next to roadways such as volleyball courts, golf courses, driving ranges, baseball
diamonds, soccer fields, tennis courts and athletic/fitness centers will be allowed as permitted
in the appropriate zone districts.
Blind fencing or screening of brick or concrete block must be installed around dumpster areas
where they are visible from the street. In addition, gates for dumpster areas must provide
screening, be constructed of wood, vinyl or vinyl-coated chain-link fencing with slats and
should be oriented away from direct view from the street if possible. Where dumpster areas
are not visible from the street, non-brick or non-block materials including vinyl-coated chain-
link fencing with slats may be used.
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Fencing may extend beyond the front of the building in the "IP-1" Industrial Park Zoning
District where the Director deems it necessary for the operation of business.
Permit Required. Prior to construction, all fencing and fencing materials will be reviewed and
approved by the Director.
Chapter 463. Special Event Procedures
Section 463.010. Purpose.
[Ord. No. 3918, 4-25-2019[1]]
The purpose of this Chapter is to define, establish procedures and provide basic standards for special
events.
Editor's Note: Former Chapter 463, Special Events Procedures, containing Sections 463.010 through
463.100, was repealed 4-25-2019 by Ord. No. 3918.
Section 463.020. Special Events Defined.
[Ord. No. 3918, 4-25-2019]
The term "special event," as referenced in this Chapter, shall mean a temporary use of land or
structures for one (1) or more of the following types of activities:
Non-Commercial Events. Any fund-raising and/or not-for-profit event held outside an enclosed
permanent structure; except as provided for in Chapter 610: Parades, Processions and
Organized Physical Activities or exempted by Section 463.030 of this Chapter.
Commercial Events. Any commercial event held outside an enclosed permanent structure
with the intent to sell, lease, rent or promote specific merchandise, services, product lines or
other aspects of a business, including, but not limited to, tent sales, arts and craft sales, trade
shows or product demonstrations; except as provided for in Chapter 461: Outdoor Displays,
Sales and Storage of Merchandise.
Public Attractions. Any public event intended primarily for entertainment or amusement such
as carnivals, concerts, festivals, barbeques or picnics; except as exempted by Section
463.030 of this Chapter.
Section 463.030. Exemptions.
[Ord. No. 3918, 4-25-2019]
The following events are exempt from the terms and conditions of this Chapter.
Any non-commercial or public attraction event, including, but not limited to, barbeques,
picnics, car washes or baked good sales, that are less than forty-eight (48) hours in duration
and in which no mechanical amusement devices, inflatables or mechanical game equipment
are involved, provided that the City has been given advance notification of the event of not
less than seven (7) days, including evidence of notification to the Fenton Fire District and St.
Louis County Police Department, 5th Precinct.
Any event held by the City.
Any event held within a public park, provided that the event complies with all provisions of the
City of Fenton Code and any other requirements of the City regulating conduct in the parks
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and recreation areas and are held under a permit authorized under Code Section 220.170.
Residential yard sales as regulated by Section 250.020 of the City of Fenton Code.
Any event held at a private dwelling, including, but not limited to, private gatherings, open
houses, weddings, showers and wakes.
Persons acting pursuant to an order or process of a court of competent jurisdiction.
Section 463.040. Authorization.
[Ord. No. 3918, 4-25-2019]
The Director shall issue a permit for any special event, as referenced herein, within any zoning
district, unless otherwise provided for within this Chapter. This permit shall not waive the
requirement for any building permit, operating permit, special use permit, tent permit, liquor
license, St. Louis County or other permit or license required by law for the proposed activity,
facility or use associated with the special event. Additionally, the Director, or, if applicable, the
Board may establish any reasonable conditions deemed necessary to ensure compatibility with
adjacent land uses and to minimize potential adverse impacts on adjacent properties and uses
including, but not limited to:
Event-specific restrictions on the hour(s) and day(s) of the week of the operation at a specific
location, duration of the event, size of the activity or other operational characteristics,
including limited duration and the health, safety and welfare of the community;
Provisions for traffic control or security personnel to ensure the public safety and
convenience;
Temporary arrangements for on-site rest room facilities, parking and traffic circulation;
Requirements for screening/buffering and guarantees for site restoration and cleanup
following the special event. The Director or, if applicable, the Board may establish that said
guarantees require the posting of a performance bond to help ensure that the operation of the
event and the subsequent restoration of the site are conducted according to required special
event standards and conditions of approval.
Section 463.050. Standards For Special Event Permits.
[Ord. No. 3918, 4-25-2019]
Except as provided in Section 463.060(A), the Director shall issue a permit, as provided herein,
when, after consideration of the application and other information as may otherwise be required,
he/she finds that:
Land-Use Compatibility. Any special event, as defined in this Chapter, shall be conducted on
private property and shall not involve the use of public right-of-way. The special event will be
consistent with the intent of this Chapter and will not impair the normal, safe and effective
operation of a permanent use on the same site nor endanger or be detrimental to the public
health, safety or welfare or injurious to any adjacent property.
Hours Of Operation. The hours of operation of a special event, including setup and take
down, shall be limited between the hours of 7:00 A.M. and 10:00 P.M. Sunday through
Thursday and 7:00 A.M. to 11:00 P.M. Friday and Saturday.
Duration. The duration of special event will not exceed ten (10) consecutive days.
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Frequency. The maximum frequency of a special event at the same address shall be four (4)
times per calendar year. Although different types of special events may be concurrent and
treated as one (1) event. There must be a minimum of at least thirty (30) days between each
event held at the same address. Multiple event types can be combined and issued under one
(1) permit.
Traffic Circulation. The special event will not cause undue traffic congestion or accident
potential given anticipated attendance and the design of adjacent streets, intersections,
parking and traffic controls.
Off-Street Parking. Off-street parking will be provided to meet the needs of the special event
and the event will not create a parking shortage for any other use. All off-street parking
surfaces used for the special event shall be concrete or asphalt, unless an acceptable
alternative is approved by the Director. Grass or lawn surfaces will not be accepted as a
parking surface.
Area Of Parking Lot Dedicated To Outdoor Special Events. No drives or maneuvering areas
may be utilized within the special event area unless such drives or maneuvering areas are
directly adjacent to the approved special event area, are not required for emergency access
and are not deemed necessary by the Director to provide proper circulation through the lot.
Public Safety, Conveniences And Litter Control. Where applicable, adequate on-site rest room
facilities and solid waste containers have been provided. The applicant shall calculate the
demand for such facilities and specify how the need will be addressed.
Appearances And Nuisances. The event shall not generate excessive noise, dust, smoke,
glare, spillover lighting or other forms of environmental or visual pollution. Exterior illumination
shall not be greater than one (1.0) foot-candle at any property line adjoining a nonresidential
district or greater than one-tenth (0.1) at any property line adjoining a residential district.
Site Location. No portion of the event shall be located within twenty-five (25) feet of a street
right-of-way or fifteen (15) feet of any side or rear property line adjoining a non-residential
district or within twenty-five (25) feet of any side or fifty (50) feet of any rear property line
adjoining a residential district.
Insurance Coverage. Proof of general liability insurance coverage, in an amount required by
the Director based on the size and characteristics of the event, shall be provided to the
Director.
Signs. The Director shall review all signage in connection with the issuance of the special
event permit. All signs shall be subject to Chapter 485: Sign Regulations.
Compliance With Other Regulations. The special event shall comply with all applicable City,
County, State and Federal health, safety, environmental and other applicable requirements.
Section 463.060. Additional Requirements.
[Ord. No. 3918, 4-25-2019]
City Services Or City Owned Property.
If the applicant requests the City to provide extraordinary services or equipment or if the
Director otherwise determines that extraordinary services (including, but not limited to, traffic
control or security personnel) or equipment are required to protect the public health, safety or
general welfare, the special event permit application shall be submitted to the Board for
consideration. If the Board approves the requested permit with City provided services, the
applicant shall be required to reimburse the City for the cost of those services. The Board
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may require the applicant to submit a security deposit or other form of surety, in an amount
and form approved by the City Attorney, prior to the event to guarantee that the City will be
reimbursed for the cost of such extraordinary services.
If the applicant requests, or seeks to use, City owned property for the special event, including
use of City ROW if not expressly exempt by this Chapter, the special event permit application
shall be submitted to the Board for consideration. As a condition of approval for a special
event on City owned property, the applicant shall at minimum be required to obtain insurance
at the then current sovereign immunity limits and name the City as an additional insured on
such policies and execute an indemnification and waiver of liability agreement. In approving
such special event permit, the Board may impose additional conditions to protect the public
health, safety or general welfare.
Restoration Of Site. Within forty-eight (48) hours of cessation of the event, the site shall be
returned to its previous condition (including the removal of any temporary structure, all litter,
signage, attention-attracting devices or other evidence of the special event and return of all ground
cover that may have been disturbed or, in the alternative, measures to control erosion).
Permit To Be Displayed Or Made Available. The applicant shall post or otherwise display a valid
special event permit on the premises at all times during the duration of the event.
Section 463.070. Application Requirements.
[Ord. No. 3918, 4-25-2019]
Any person seeking the issuance of a special events permit as herein required shall file an
application with the Director, on forms provided by the Community Development Department, not
less than thirty (30) days before the date on which it is proposed to conduct the special event. The
application shall set forth the following information:
Name, address and telephone number of the person or organization seeking to conduct the
special event. If the special event is proposed to be conducted for, on behalf of or by an
organization, the name, address and telephone number of the headquarters of the
organization and of the authorized and responsible leaders of such organization.
Description of the nature or type of special event to be conducted.
The address/location and date(s) and time(s) of the special event.
Number of people expected to attend the event.
The name, address and telephone number of the persons who will be special event
chairperson or managing officer and who will be responsible for its conduct.
Three (3) copies of a site plan drawn to scale showing the layout of the event, such as where
interactive inflatable equipment, games, food tables, tents, etc., will be placed on the property.
If inflatables are used, they shall not exceed twenty-five (25) feet in height, measured from the
ground and shall not be allowed on the rooftop of structures. In addition, the following
information must be provided:
How the inflatable will be tethered to the ground.
How power will be supplied to the inflatable and the safety measures taken to protect the
public from being injured.
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If the special event is to be held by, on behalf of or for any person or persons other than the
property owner, the applicant for such permit shall file with the Director a communication, in
writing, from the property owner authorizing the applicant to hold the special event.
Any additional information that the Director shall find reasonably necessary to determine
whether a permit should be issued.
Section 463.080. Notice To Other Officials.
[Ord. No. 3918, 4-25-2019]
Prior to the issuance of a special event permit, the Director shall send a copy of the application to the
City Administrator, Public Works Director, Fenton Fire Protection, St. Louis County Police Department,
5th Precinct and any other entity deemed appropriate by the Director.
Section 463.090. Prohibition Of Transfer Of Permits.
[Ord. No. 3918, 4-25-2019]
No special event permit issued under the provisions of this Chapter shall be assigned or transferred to
any other person or business or transferred to another location.
Section 463.100. No Vested Right Created; Revocation Of
Permit.
[Ord. No. 3918, 4-25-2019]
Because the intention of this Chapter is to allow for the temporary use of property under specific
controlled conditions, the City's issuance of a special event permit is not intended to, and expressly
does not, create a vested property right in any use of property allowed by the City's grant of a special
event permit nor does it create a right or expectation in the property owner to the City's issuance of a
subsequent special event permit for the same special event. The Board may, at its sole discretion
based upon the health, safety and welfare of the residents of the City and the community as a whole,
revoke an existing special event permit for violation of its terms or other exigent circumstances or
decline issuance of further permits. The Director shall have the authority to stop or otherwise halt the
conduct of any special event that is at any time presenting a threat to the health, safety or welfare of
the inhabitants of the City.
Chapter 464. Solar Energy Systems
Section 464.010. Purpose.
[Ord. No. 3348 §1, 9-26-2013]
The purpose of this Section is to provide standards for the installation and use of solar energy systems
as accessory uses. This Section seeks to protect properties from incompatible uses in the interest of
property values, public health and the welfare of the community while promoting the use of alternative
energy sources, where appropriate. This Section provides a process to facilitate the use of these
systems in a manner that minimizes adverse impacts and the potential for nuisance.
Section 464.020. Definitions.
[Ord. No. 3348 §1, 9-26-2013]
As used in this Chapter, the following words shall mean:
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a.
b.
c.
1.
2.
A.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
A solar energy system that is an integral part of a principal or accessory building, rather than a
separate mechanical device, replacing or substituting for an architectural or structural component
of the building which contributes to the design of the building, including, but not limited to,
photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and
awnings.
BUILDING-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system affixed to either a principal or accessory structure on a lot.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is not attached to another structure and is affixed to the ground.
SOLAR ENERGY COLLECTOR
The component of a solar energy system containing the flat plate or tube or other devices that
absorb energy from the sun when exposed to sunlight.
SOLAR ENERGY EQUIPMENT
The solar energy collectors, electronics, disconnect, valves, and other appurtenances associated
with a solar energy system.
SOLAR ENERGY SYSTEM
A building- or ground-mounted photovoltaic, hot air, or hot water collector device or other type of
energy system, which relies upon solar radiation as the source for the generation of electricity, or
transfer of stored heat.
Section 464.030. Accessory Use.
[Ord. No. 3348 §1, 9-26-2013]
Solar energy systems shall be considered a permitted accessory use in all zoning districts, subject to
the provisions of this Section.
Section 464.040. Requirements.
[Ord. No. 3348 §1, 9-26-2013]
The requirements set forth in this Section shall govern the construction and/or installation of all
solar energy systems:
Solar Energy Systems, General.
Solar energy collectors shall be located in the least visible location from perspectives
outside the property lines where panels would be reasonably, though not necessarily
optimally, functional.
Solar energy collectors shall be documented by the manufacturer as being non-reflective
pursuant to recognized engineering standards showing reflectivity of less than thirty
percent (30%) or shall be placed such that concentrated sunlight or glare shall not be
directed onto nearby properties or streets.
Building-integrated solar energy systems shall be allowed regardless of visibility,
provided the building-integrated system meets all required setback, height and land use
requirements for the district in which the building is located.
Solar Energy Systems, Residential.
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i.
ii.
iii.
iv.
v.
a.
1)
2)
3)
i.
ii.
iii.
iv.
v.
vi.
b.
3.
Ground-mounted solar energy systems.
Ground-mounted solar energy systems shall only be located in the side or rear yard
of a property. Ground-mounted solar energy systems are not permitted in the front
yard of a property.
Ground-mounted solar energy systems must have a minimum five-foot setback from
the rear lot line and maintain the same side setback as required for the zoning
district in which they are located.
Ground-mounted solar energy systems and supporting structures may not exceed a
total height of ten (10) feet as measured from the average grade at the base of the
supporting structure to the highest edge of the system.
Collectively, all ground-mounted solar energy systems on the property shall not be
greater than one-half (½) the square footage of the footprint of the principal structure
or six hundred (600) square feet, whichever is greater.
Ground-mounted solar energy systems must be substantially screened from public
view (including adjacent properties and public rights-of-way) by fencing, walls,
plantings, or other architectural feature or any combination thereof; provided,
however, that the screening shall not be required to be so dense, so tall, or so
located as to render the equipment essentially non-functional.
Building-mounted solar energy systems.
Building-mounted solar energy collectors installed in residential zoning districts shall
be:
Installed in the plane of the roof (flush mounted); or
Made part of the roof design (capping or framing compatible with the color of the
roof or structure); or
A building-integrated system. Mounting brackets shall be permitted to be placed
on the slope of a rear-facing roof if the applicant can demonstrate that the
existing pitch of the roof would render the solar energy equipment ineffective or
incapable of reasonable operation.
When located on a sloped roof, solar energy collectors shall be located on a rear- or
side-facing roof, as viewed from a fronting street. In cases of corner lots or lots with
more than one (1) street frontage, the side roof fronting a street shall be considered
a front-facing roof.
Solar energy systems shall not project vertically above the peak of a sloped roof to
which it is attached.
When located on a sloped roof, solar energy collectors shall be positioned in a
symmetrical fashion and centered on the plane of the roof on which they are located.
When located on a sloped roof, solar energy collectors shall be set back at least two
(2) feet from any outside edge, ridge, or valley of the roof.
All exterior electrical or plumbing lines must be painted in a color scheme that
matches as closely as possible the color of the structure and the materials adjacent
to the lines when visible from the street.
Solar Energy Systems, Non-Residential.
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i.
ii.
iii.
iv.
v.
a.
1)
2)
3)
i.
ii.
iii.
iv.
v.
vi.
vii.
b.
Ground-mounted solar energy systems.
Ground-mounted solar energy systems shall only be located in the side or rear yard
of a property. Ground-mounted solar energy systems are not permitted in the front
yard of a property.
Ground-mounted solar energy systems must have a minimum five-foot setback from
the rear lot line and maintain the same side setback as required for the zoning
district in which they are located.
Ground-mounted solar energy systems and supporting structures may not exceed a
total height of twenty (20) feet as measured from the average grade at the base of
the supporting structure to the highest edge of the system.
Collectively, all ground-mounted solar energy systems located on the property shall
not be greater than one-half (½) the square footage of the footprint of the principal
structure.
Ground-mounted solar energy systems must be substantially screened from public
view (including adjacent properties and public rights-of-way) by fencing, walls,
plantings or other architectural feature or any combination thereof; provided,
however, that screening shall not be required to be so dense, so tall or so located as
to render the equipment essentially non-functional.
Building-mounted solar energy systems.
Building-mounted solar energy systems installed in non-residential zoning districts
shall be installed:
In the plane of the roof (flush mounted); or
Made part of the roof design (capping or framing compatible with the color of the
roof or structure); or
A building integrated system. Mounting brackets shall be permitted if the
applicant can demonstrate that the existing pitch of the roof would render the
solar energy equipment ineffective or incapable of reasonable operation.
When located on a sloped roof, solar energy collectors shall be located on a rear- or
side-facing roof, as viewed from a fronting street. In cases of corner lots or lots with
more than one (1) street frontage, the side roof fronting a street shall be considered
a front-facing roof.
Solar energy systems shall not project vertically above the peak of a sloped roof to
which it is attached.
When located on a sloped roof, solar energy collectors shall be set back at least two
(2) feet from any outside edge, ridge, or valley of the roof.
Solar energy collectors installed on a flat roof may exceed the height of the building
up to five (5) feet.
Solar energy collectors installed on the roof-top deck of parking facilities may exceed
the height of the exterior wall of the structure up to twenty (20) feet if a minimum
setback of five (5) feet from the outside face of the structure is provided.
All exterior electrical or plumbing lines must be painted in a color scheme that
matches as closely as possible the color of the structure and the materials adjacent
to the lines when visible from the street.
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A.
B.
A.
Section 464.050. Permit Requirements.
[Ord. No. 3348 §1, 9-26-2013]
A building permit is required prior to the installation of any solar energy system. The owner of a solar
energy system shall ensure that it is installed and maintained in compliance with applicable building,
fire and safety codes adopted by the City and any other State or Federal agency of competent
jurisdiction. All wiring associated with a renewable energy system shall be underground or contained
within a raceway that complements the building materials of the principal structure.
Section 464.060. Abandonment.
[Ord. No. 3348 §1, 9-26-2013]
Any solar energy systems that are noticeably in disrepair without repair or restoration procedures
substantially underway shall be removed from the property and the structure and/or site shall be
restored.
Section 464.070. (Reserved)
Section 464.080. Alternative Compliance.
[Ord. No. 3348 §1, 9-26-2013]
In unusual circumstances arising from the unique location or character of the proposed site and/or
surrounding land uses or structures, if site-specific alternative standards would provide results that are
equal to or superior to those which would be provided by the standards in this Section, the Planning
and Zoning Commission may approve an applicant's request for alternative standards if in the
Commission's judgment the purpose of these regulations will be satisfied and the alternative standards
will have no adverse impact on any other property or unreasonably disturb the peaceful occupancy of
adjoining or nearby property.
Procedure. An application for alternative compliance standards shall be reviewed in accordance
with the requirements for a special use permit, as set forth in Section 420.020 of this Title. The
proposed alternative standards shall clearly identify and discuss the modifications and alternatives
proposed and the ways in which the plan will better accomplish the intent of these design
standards than would an approach which complies with the design standards of this Chapter.
Review Criteria. To approve an alternative approach, the Planning and Zoning Commission must
find that the proposed alternative approach accomplishes the intent of these standards equally
well or better than would an approach which complies with these standards and the alternative
standards will have no adverse impact on any other property or unreasonably disturb the peaceful
occupancy of adjoining or nearby property.
Chapter 465. Residential Districts
Section 465.010. "R-1" Residential District Regulations.
[Ord. No. 3891, 1-24-2019[1]]
Purpose. This Section contains the regulation for the "R-1" Residential District (hereinafter "R-1"
District). The purpose of the "R-1" District is to allow for large-lot residential settings (i.e., open
space, wooded lots, scenic views, and privacy), as large-lot residential development patterns
minimize the impact of development on "environmentally sensitive" land in Fenton. The "R-1"
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B.
C.
a.
b.
c.
1.
a.
b.
2.
3.
D.
E.
[1]
A.
B.
C.
a.
1.
D.
District's environmentally sensitive areas are characterized by steep slopes (> 7%), critical
drainage courses or watersheds, heavy woods, and shallow soils. These regulations are
supplemented and qualified by additional regulations appearing elsewhere in this Title.
Permitted Uses. See Chapter 476, Land Use Matrix.
Uses Allowed By Special Use Permit. See Chapter 476, Land Use Matrix.
Lot Regulations.
Setbacks.
Front Setback. Each lot shall have a minimum fifty (50) foot front setback.
Side Setback. Each lot shall have a minimum fifteen (15) foot side setback; except,
whenever a lot of record existing on the date of this Title has a width of seventy-five (75)
feet or less, the side setback may be reduced to a width of not less than ten percent
(10%) of the width of the lot, but in no instance shall it be less than five (5) feet.
Rear Setback. Each lot shall have a minimum fifty (50) foot rear setback.
Lot Area.
Permitted Uses must be located on a lot containing at least one (1) acre or forty-three
thousand five hundred sixty (43,560) square feet, with a minimum lot width of one
hundred (100) feet at the required building line.
Uses allowed by Special Use Permit must be located on a lot containing at least three (3)
acres.
Flag Lots. Flag lots are prohibited, provided flag lots in existence before November 20, 2017,
are permitted but shall not be further subdivided.
Building Regulations. The maximum building height shall not exceed forty (40) feet.
Editor's Note: Former Chapter 465, Residential Zone Districts, containing Sections 465.010 through
465.060, was repealed 1-24-2019 by Ord. No. 3891.
Section 465.020. "R-2" Residential District Regulations.
[Ord. No. 3891, 1-24-2019]
Purpose. This Section contains the regulation for the "R-2" Residential District (hereinafter "R-2"
District). The purpose of the "R-2" District is to provide residential subdivisions with smaller lots
than the "R-1" District, but more spacious than those provided in the "R-3" District. These
regulations are supplemented and qualified by additional regulations appearing elsewhere in this
Title.
Permitted Uses. See Chapter 476, Land Use Matrix.
Uses Allowed By Special Use Permit. See Chapter 476, Land Use Matrix.
Lot Regulations.
Setbacks.
Front Setback. Each lot shall have a minimum (50) foot front setback, unless forty
percent (40%) or more of the frontage on one (1) side of the street between two (2)
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b.
c.
a.
b.
2.
3.
E.
A.
B.
C.
a.
b.
1.
D.
intersecting streets is improved with buildings that have observed a front projection
beyond the average front setback so established but this regulation shall not be
interpreted to require a front setback of more than one hundred (100) feet.
Side Setback. Each lot shall have a minimum ten (10) foot side setback; except,
whenever a lot of record existing on the date of this Title has a width of seventy-five (75)
feet or less, the side setback may be reduced to a width of not less than ten percent
(10%) of the width of the lot, but in no instance shall it be less than four (4) feet.
Rear Setback. Each lot shall have a minimum rear setback of thirty-five (35) feet or
twenty percent (20%) of the lot depth, whichever amount is greater, but it need not
exceed fifty (50) feet.
Lot Area.
Permitted Uses must be located on a lot containing at least twenty thousand (20,000)
square feet, with a minimum lot width of eighty (80) feet at the required building line.
Uses allowed by Special Use Permit must be located on a lot containing at least three (3)
acres.
Flag Lots. Flag lots are prohibited, provided flag lots in existence before November 20, 2017,
are permitted but shall not be further subdivided.
Building Regulations. The maximum building height shall not exceed forty (40) feet.
Section 465.030. "R-3" Residential District Regulations.
[Ord. No. 3891, 1-24-2019]
Purpose. This Section contains the regulations for the "R-3" Residential District (hereinafter "R-3"
District). The purpose of the "R-3" District is to provide traditional residential subdivision layouts
with smaller lot sizes than the "R-1" and "R-2" Districts but large enough lot sizes to accommodate
contemporary living and housing desires and needs, such as decks or swimming pools. These
regulations are supplemented and qualified by additional regulations appearing elsewhere in this
Title.
Permitted Uses. See Chapter 476, Land Use Matrix.
Uses Allowed By Special Use Permit. See Chapter 476, Land Use Matrix.
Lot Regulations.
Setbacks.
Front Setback. Each lot shall have a minimum front setback of (30) feet, unless forty
percent (40%) or more of the frontage on one (1) side of the street between two (2)
intersecting streets is improved with buildings that have observed a front setback with a
variation in depth of not more than ten (10) feet, in which case no building shall project
beyond the average front setback line so established, but this regulation shall not be
interpreted to require a front setback of more than fifty (50) feet.
Side Setback. Each lot shall have a minimum eight (8) foot side setback; except,
wherever a lot of record exists on the date of this Chapter having a width of fifty (50) feet
or less, the side setback on each side of a building may be reduced to a width of not less
than ten percent (10%) of the width of the lot, but in no instance shall it be less than four
(4) feet.
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c.
a.
b.
2.
3.
E.
A.
B.
C.
a.
(1)
(2)
b.
1.
D.
Rear Setback. Each lot shall have a rear setback of not less than thirty (30) feet or twenty
percent (20%) of the depth of the lot, whichever amount is larger, but it need not exceed
forty (40) feet.
Lot Area.
Permitted Uses must be located on a lot containing at least ten thousand (10,000) square
feet, with a minimum lot width of sixty (60) feet at the required building line.
Uses allowed by Special Use Permit must be located on a lot containing at least three (3)
acres.
Flag Lots. Flag lots are prohibited, provided flag lots in existence before November 20, 2017,
are permitted but shall not be further subdivided.
Building Regulations. The maximum building height shall not exceed forty (40) feet.
Section 465.040. "R-4" Residential District Regulations.
[Ord. No. 3891, 1-24-2019]
Purpose. This Section contains the regulations for the "R-4" Residential District (hereinafter "R-4"
District). The purpose of the "R-4" District is to accommodate Riverside subdivision, the City's first
(1st) subdivision. Originally built for Chrysler employees, Riverside was developed with single-
family dwellings on eight thousand (8,000) square-foot lots. Just north of the subdivision, along
Wolfner Drive, two-family dwellings were developed to create a buffer between the industrial uses
north of Wolfner Drive and the single-family dwellings located in Riverside. Lots and residential
uses of this size form a necessary component in the City's land use strategy as a separation of
dissimilar uses. These regulations are supplemented and qualified by additional regulations
appearing elsewhere in this Title.
Permitted Uses. See Chapter 476, Land Use Matrix.
Uses Allowed By Special Use Permit. See Chapter 476, Land Use Matrix.
Lot Regulations.
Setbacks.
Front Setback. Each lot shall have a minimum thirty (30) foot front setback, unless forty
percent (40%) or more of the frontage on one (1) side of the street between two (2)
intersecting streets is improved with buildings that have observed a front setback with a
variance in depth of not more than ten (10) feet, in which case no building shall project
beyond the average front setback so established, but this regulation shall not be
interpreted to require a front setback of more than fifty (50) feet.
Side Setback.
Each lot shall have a minimum six (6) foot side setback; except wherever a lot of
record existing on the date of this Title has a width of fifty (50) feet or less, the side
setback may be reduced to a width of not less than ten percent (10%) of the width of
the lot, but in no instance shall it be less than four (4) feet.
Exception. Lots located on the southside of Wolfner Drive, and described as Lots 1-
19 of Block 4 of I-44 Industrial Park Plat No. 1 as recorded in Book 152, Page 62 in
the St. Louis County Recorder of Deeds Office, may have one (1) side setback of
zero (0) feet to accommodate the common wall of an attached single-family dwelling
unit.
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c.
a.
b.
c.
2.
3.
E.
A.
B.
C.
a.
b.
c.
1.
2.
D.
E.
Rear Setback. Each lot shall have a minimum rear setback of thirty (30) feet or twenty
percent (20%) of the depth of the lot, whichever amount is larger, but it need not exceed
forty (40) feet.
Lot Area.
Permitted Uses must be located on a lot containing at least eight thousand (8,000)
square feet, with a minimum lot width of sixty (60) feet at the required building line.
Uses allowed by Special Use Permit must be located on a lot containing at least three (3)
acres.
Exception. Lots located on the southside of Wolfner Drive, and described as Lots I-19 of
Block 4 of I-44 Industrial Park Plat No. 1 as recorded in Book 152, Page 62 in the St.
Louis County Recorder of Deeds Office, may have a minimum lot area of five thousand
three hundred (5,300) square feet, with a minimum lot width of forty (40) feet at the
required building line to accommodate an attached single-family dwelling unit.
Flag Lots. Flag lots are prohibited, provided flag lots in existence before November 20, 2017,
are permitted but shall not be further subdivided.
Building Regulations. The maximum building height shall not exceed forty (40) feet.
Section 465.050. "PG" Public And Governmental District
Regulations.
[Ord. No. 3891, 1-24-2019]
Purpose. This Section contains the regulations for the "PG" Public and Governmental District
(hereinafter "PG" District). The purpose of the "PG" District is to provide for public and
governmental uses such as City Hall public libraries, and Police, and Fire stations. These
regulations are supplemented and qualified by additional regulations appearing elsewhere in this
Title.
Permitted Uses. See Chapter 476, Land Use Matrix.
Uses Allowed By Special Use Permit. See Chapter 476, Land Use Matrix.
Lot Regulations.
Setbacks.
Front Setback. Each lot shall have a minimum thirty (30) foot front setback.
Side Setback. Each lot shall have a minimum thirty (30) foot side setback.
Rear Setback. Each lot shall have a minimum thirty (30) foot side setback.
Lot Area. The minimum lot area shall be ten thousand (10,000) square feet, with a minimum
lot width of eighty (80) feet at the required building line.
Building Regulations. The maximum building height shall not exceed forty-five (45) feet.
Section 465.060. "PR" Parks And Recreation District
Regulations.
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A.
B.
C.
a.
b.
c.
1.
2.
D.
E.
A.
B.
C.
D.
a.
b.
c.
1.
E.
[Ord. No. 3891, 1-24-2019]
Purpose. This Section contains the regulations for the "PR" Parks and Recreation District
(hereinafter "PR" District). The purpose of the "PR" District is to provide open spaces for parks
and recreational activities, including City parks, golf courses, bicycles trails, and the Meramec
Greenway Trail. Development within this area is restricted as it is located in the floodplain of the
Meramec River. These regulations are supplemented and qualified by additional regulations
appearing elsewhere in this Title.
Permitted Uses. See Chapter 476, Land Use Matrix.
Uses Allowed By Special Use Permit. See Chapter 476, Land Use Matrix.
Lot Regulations.
Setbacks.
Front Setback. Each lot shall have a minimum thirty (30) foot front setback.
Side Setback. Each lot shall have a minimum thirty (30) foot side setback.
Rear Setback. Each lot shall have a minimum thirty (30) foot side setback.
Lot Area. The minimum lot area shall be ten thousand (10,000) square feet, with a minimum
lot width of eighty (80) feet at the required building line.
Building Regulations. The maximum building height shall not exceed forty-five (45) feet.
Chapter 466. Olde Towne Districts
Section 466.010. "OT-1" Olde Towne District Regulations.
[Ord. No. 3891, 1-24-2019[1]]
Purpose. This Section contains the regulation for the "OT-1" Olde Towne District (hereinafter "OT-
1" District). Due to the District's location in the heart of Olde Towne Fenton, the purpose of the
"OT-1" District is to encourage a mix of commercial and residential uses, while maintaining the rich
heritage and history of Fenton as well as a sense of pedestrian-oriented character. These
regulations are supplemented and qualified by additional regulations appearing elsewhere in this
Title.
Permitted Uses. See Chapter 476, Land Use Matrix.
Uses Allowed By Special Use Permit. See Chapter 476, Land Use Matrix.
District Regulations. The "OT-1" District shall be a minimum of fifteen (15) contiguous acres.
Lot Regulations.
Setbacks.
Front Setback. A front setback is not required.
Side Setback. A side setback is not required.
Rear Setback. A rear setback is not required.
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2.
3.
1.
a.
(1)
(2)
b.
(1)
(2)
(3)
(4)
c.
2.
F.
G.
[1]
A.
Intensity Of Use. Maximum lot coverage of the principal building shall not exceed seventy-five
percent (75%) of the lot area.
Minimum Requirements. All lots containing an area of eight thousand (8,000) square feet or
more shall have a minimum width at the building line of fifty (50) feet.
Building Regulations.
Building Height. The maximum building height shall not exceed forty-five (45) feet. Additional
building height may be granted by Special Use Permit.
Exterior Building Materials.
Primary Building Materials. Brick and other brick-like masonry, glass or architectural pre-
cast concrete. Primary building materials shall not be less than eighty percent (80%),
excluding windows and doors, of any wall.
Accent Building Materials. The following accent building materials are permitted when in
a color compatible with the primary building material.
Architecturally designed metal panels.
Exterior Insulation Finishing Systems (EIFS), when located a minimum of three (3)
feet above grade.
Exceptions.
Concrete block may only be allowed as a primary or accent building material on a
rear wall not facing a public or private street or residential property.
Buildings that are listed on the Missouri National Register of Historic Places or have
obtained a historic preservation tax credit may utilize the same material as initially
utilized on the exterior of the building for repair or alterations.
Residential Dwellings are exempt from the exterior building material requirements.
Alternative exterior building materials deemed to be of high durability and quality,
require low maintenance, and compatible with the surrounding uses may be
authorized under Site Plan Review, in accordance with Chapter 447.
Parking Regulations. See Chapter 496 for off-street parking and loading requirements; however,
due to the small lot sizes and to boost business development, shared parking with other
businesses is permitted. Contractual proof of shared dedicated parking arrangements must be
provided. Additionally, required parking regulations for a property may be reduced when deemed
appropriate by the City. Said reduction in parking may be requested by Special Use Permit and
meeting the applicable requirements thereof.
Editor's Note: Former Chapter 466, Olde Towne Commercial Zone Districts, containing Sections
466.010 through 466.050, was repealed 1-24-2019 by Ord. No. 3891.
Section 466.020. "OT-2" Olde Towne District Regulations.
[Ord. No. 3891, 1-24-2019]
Purpose. This Section contains the regulations for the "OT-2" Olde Towne District (hereinafter "OT-
2"). Due to the District's location to State Highway 141 and Highway 30, the purpose of the "OT-2"
District is to provide a variety of commercial uses that serve a regional market area. These
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B.
C.
D.
a.
b.
c.
1.
2.
3.
4.
5.
E.
1.
a.
(1)
(2)
b.
(1)
(2)
(3)
c.
2.
F.
regulations are supplemented and qualified by additional regulations appearing elsewhere in this
Title.
Permitted Uses. See Chapter 476, Land Use Matrix.
Uses Allowed By Special Use Permit. See Chapter 476, Land Use Matrix.
District Regulations. The "OT-2" Olde Towne District shall be a minimum of ten (10) contiguous
acres.
Lot Regulations.
Setbacks.
Front Setback. Each lot shall have a minimum (30) foot front setback.
Side Setback. Each lot shall have a minimum fifteen (15) foot side setback.
Rear Setback. Each lot shall have a minimum fifteen (15) foot rear setback.
Buffer Area. Required setbacks shall include a landscaped buffer area.
Intensity Of Use. Maximum lot coverage of the principal building(s) shall not exceed sixty-five
percent (65%) of the lot area.
Lot Area. The minimum lot area shall be one (1) acre or forty-three thousand five hundred
sixty (43,560) square feet.
Number Of Buildings Per Lot. More than one (1) principal building may be located on a lot
provided all other regulations related to the lot and use of the lot are met.
Building Regulations.
Building Height. The maximum building height shall not exceed forty-five (45) feet. Additional
building height may be granted by Special Use Permit.
Exterior Building Materials.
Primary Building Materials. Brick and other brick-like masonry, glass or architectural pre-
cast concrete. Primary building materials shall not be less than eighty percent (80%),
excluding windows and doors, of any wall.
Accent Building Materials. The following accent building materials are permitted when in
a color compatible with the primary building material.
Architecturally designed metal panels.
Exterior Insulation Finishing Systems (EIFS), when located a minimum of three (3)
feet above grade.
Exceptions.
Concrete block may only be allowed as a primary or accent building material on a
rear wall not facing a public or private street or residential property.
Buildings that qualify for historic building rehabilitation tax credit may utilize the same
material as initially utilized on the exterior of the building for repair or alterations.
Exterior finishes deemed prototypical in building design that must be maintained for
corporate or market identity may be authorized under Site Plan Review, in
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(4)
G.
A.
B.
C.
D.
a.
b.
c.
1.
2.
3.
4.
5.
E.
1.
2.
F.
accordance with Chapter 447.
Alternative exterior building materials deemed to be of high durability and quality,
require low maintenance, and compatible with the surrounding uses may be
authorized under Site Plan Review, in accordance with Chapter 447.
Parking Regulations. See Chapter 496 for off-street parking and loading requirements; however,
due to the small lot sizes and to boost commercial development, shared parking with other
commercial uses is permitted. Contractual proof of shared dedicated parking arrangements must
be provided. Additionally, required parking regulations for a property may be reduced when
deemed appropriate by the City. Said reduction in parking may be requested by Special Use
Permit and meeting the applicable requirements thereof.
Section 466.030. "OT-3" Olde Towne District Regulations.
[Ord. No. 3891, 1-24-2019]
Purpose. This Section contains the regulations for the "OT-3" Olde Towne District Regulations
(hereinafter "OT-3" District). Due to the District's location to S. Old Highway 141 and nearby
neighborhoods, the purpose of the "OT-3" District is to provide a mix of commercial and service-
oriented uses that serve a local market area. These regulations are supplemented and qualified by
additional general regulations contained elsewhere in this Title and made a part of this Section by
reference.
Permitted Uses. See Chapter 476, Land Use Matrix.
Uses Allowed By Special Use Permit. See Chapter 476, Land Use Matrix.
District Regulations. The "OT-3" District shall be a minimum of twenty (20) contiguous acres.
Lot Regulations.
Setbacks.
Front Setback. Each lot shall have a minimum (30) foot front setback.
Side Setback. Each lot shall have a minimum fifteen (15) foot side setback.
Rear Setback. Each lot shall have a minimum fifteen (15) foot rear setback.
Buffer Area. Required setbacks shall include a landscaped buffer area.
Intensity Of Use. Maximum lot coverage of the principal building(s) shall not exceed sixty-five
percent (65%) of the lot area.
Lot Area. The minimum lot area shall be one (1) acre or forty-three thousand five hundred
sixty (43,560) square feet.
Number Of Buildings Per Lot. More than one (1) principal building may be located on a lot
provided all other regulations related to the lot and use of the lot are met.
Building Regulations.
Building Height. The maximum building height shall not exceed forty-five (45) feet. Additional
building height may be granted by Special Use Permit.
Exterior Building Materials.
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a.
(1)
(2)
b.
(1)
(2)
(3)
c.
A.
B.
C.
D.
1.
2.
E.
1.
F.
Primary Building Materials. Brick and other brick-like masonry, glass or architectural pre-
cast concrete. Primary building materials shall not be less than eighty percent (80%),
excluding windows and doors, of any wall.
Accent Building Materials. The following accent building materials are permitted when in
a color compatible with the primary building material.
Architecturally designed metal panels.
Exterior Insulation Finishing Systems (EIFS), when located a minimum of three (3)
feet above grade.
Exceptions.
Concrete block may only be allowed as a primary or accent building material on a
rear wall not facing a public or private street or residential property.
Buildings that are listed on the Missouri National Register of Historic Places or have
obtained a historic preservation tax credit may utilize the same material as initially
utilized on the exterior of the building for repair or alterations.
Alternative exterior building materials deemed to be of high durability and quality,
require low maintenance, and compatible with the surrounding uses may be
authorized under Site Plan Review, in accordance with Chapter 447.
Section 466.040. "OT-4" Planned Olde Towne District
Regulations.
[Ord. No. 3891, 1-24-2019]
Purpose. This Section contains the regulations for the "OT-4" Planned Olde Towne District
(hereinafter "OT-4" District). The purpose of the "OT-4" District is to provide a high-density
residential living community. These regulations are supplemented and qualified by additional
regulations appearing elsewhere in this Title.
Permitted Uses. See Chapter 476, Land Use Matrix.
Reserved.
Height Regulations. The maximum building height shall not exceed forty-five (45) feet, except that
a building with twenty percent (20%) or less coverage of the land area may be erected to a height
not to exceed fifty-five (55) feet.
Area Regulations.
Setback. No building shall be erected within forty (40) feet of any property line.
Intensity Of Use. The aggregate gross area of the building or buildings shall not exceed thirty
percent (30%) of the entire lot area and with a minimum of two thousand five hundred (2,500)
square feet of lot area per family.
Procedure To Establish.
The "OT-4" District shall be designed as a whole, unified, single project. The owner of any
parcel of land may submit to the Board a plan for the use and development of all or part of
such parcel for the purpose of providing an integrated design and appropriate locations for/of
buildings, landscaping, access ways and parking areas.
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2.
3.
4.
5.
1.
2.
G.
1.
2.
H.
1.
2.
3.
4.
I.
The plan shall be referred to the Commission for public hearing, study and report and shall be
filed in such manner and accompanied by payment of such fee as provided in the fee
schedule for a building permit and with notice and procedures as therein provided.
After public hearing, the Commission shall consider such plan with particular regard to the
City's Comprehensive Plan, the effect upon traffic, congestion and fire hazards, the character
of the neighborhood, the building distances and yard limitations for their aesthetic value to the
community, whether such proposed plan would overtax public facilities and utilities and the
general welfare of the community.
The Commission shall report thereon to the Board within sixty (60) days of notification, or if no
report within said time, the Board may take action without awaiting said report.
The Board shall consider the "OT-4" District with particular regard to the criteria mentioned
above and hereafter mentioned in this Section and take such action as it believes to be in the
best interests of the City. The Board may, if it finds it to be in the best interest of the orderly
development of the City, provide for certain single-family or two-family dwellings to be
included in said plan, subject to all regulations herein contained.
Landscaping Regulations.
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 and shrubs and, where needed,
pedestrian walks.
Reasonable additional requirements as to landscaping, lighting, screening, access ways,
building distances and yard limitations may be imposed by the for protection of adjoining
residential property, for conformity to the general welfare of the City and its inhabitants.
Street Regulations.
All roads, parking areas and walks shall be paved or built with asphaltic concrete, Portland
cement concrete or any approved materials as may be specified by the Commission.
All roads, streets and access ways shall be a minimum of thirty-eight (38) feet in width
centered within a minimum sixty (60) feet right-of-way and shall be through the whole project
area with minimum change to the traffic flow on the surrounding areas.
Additional Regulations.
No expansion or conversion of existing structures shall be permitted except on the basis of a
detailed site plan to be approved by the Board showing the relationship of yards, off-street
parking and other open spaces to surrounding property and shall comply with these
regulations as in the case of new construction.
If the Board believes proof of financial responsibility of the applicant or developer is in the
best interest of the City, the Board may require such applicant to submit such proof.
Any "OT-4" District development shall be subject to all of the terms, conditions and
requirements of the Subdivision Regulations under Chapter 480 and all of the terms and
provisions thereof.
The Board may vary or modify the requirements of this Section, the strict enforcement of
which would entail unusual or real difficulties in carrying out the intent of this Title.
Section 466.050. "OT-5" Olde Towne District Regulations.
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A.
B.
C.
D.
a.
b.
c.
1.
2.
3.
E.
1.
a.
(1)
(2)
b.
(1)
(2)
c.
2.
F.
[Ord. No. 3891, 1-24-2019]
Purpose. This Section contains the regulations for the "OT-5" Old Towne District (hereinafter "OT-
5" District). Due to the District's location in the heart of Olde Towne Fenton, the purpose of the
"OT-1" District is to encourage a mix of commercial and residential uses, while maintaining the rich
heritage and history of Fenton as well as a sense of pedestrian-oriented character. These
regulations are supplemented and qualified by additional regulations appearing elsewhere in this
Title.
Permitted Uses. See Chapter 476, Land Use Matrix.
Uses Allowed By Special Use Permit. See Chapter 476, Land Use Matrix.
District Regulations. The "OT-5" Zone Districts shall be a minimum of twenty (20) contiguous
acres.
Lot Regulations.
Setbacks.
Front Setback. A front setback is not required.
Side Setback. A side setback is not required.
Rear Setback. A rear setback is not required.
Intensity Of Use. Maximum lot coverage of the principal building shall not exceed seventy-five
percent (75%) of the lot area.
Minimum Requirements. All lots containing an area of eight thousand (8,000) square feet or
more shall have a minimum width at the building line of fifty (50) feet.
Building Regulations.
Building Height. The maximum building height shall not to exceed forty-five (45) feet.
Additional building height may be granted by Special Use Permit.
Exterior Building Materials.
Primary Building Materials. Brick and other brick-like masonry, glass or architectural pre-
cast concrete. Primary building materials shall not be less than eighty percent (80%),
excluding windows and doors, of any wall.
Accent Building Materials. The following accent building materials are permitted when in
a color compatible with the primary building material.
Architecturally designed metal panels.
Exterior Insulation Finishing Systems (EIFS), when located a minimum of three (3)
feet above grade.
Exceptions.
Concrete block may only be allowed as a primary or accent building material on a
rear wall not facing a public or private street or residential property.
Buildings that are listed on the Missouri National Register of Historic Places or have
obtained a historic preservation tax credit may utilize the same material as initially
utilized on the exterior of the building for repair or alterations.
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(3)
(4)
G.
A.
B.
C.
D.
a.
b.
1.
2.
3.
4.
5.
E.
Residential Dwellings are exempt from the exterior building material requirements.
Alternative exterior building materials deemed to be of high durability and quality,
require low maintenance, and compatible with the surrounding uses may be
authorized under Site Plan Review, in accordance with Chapter 447.
Parking Regulations. See Chapter 496 for off-street parking and loading requirements; however,
due to the small lot sizes and to boost commercial development, shared parking with other
commercial uses is permitted. Contractual proof of shared dedicated parking arrangements must
be provided. Additionally, required parking regulations for a property may be reduced when
deemed appropriate by the City. Said reduction in parking may be requested by Special Use
Permit and meeting the applicable requirements thereof.
Chapter 467. Commercial Districts
Section 467.010. "C-1" Commercial District Regulations.
[Ord. No. 3891, 1-24-2019[1]]
Purpose. This Section contains the regulations for the "C-1" Commercial District (hereinafter "C-1"
District). Due to the District's location to State Highway 141 and Highway 30, the purpose of the
"C-1" District is to provide a variety of commercial uses that serve a regional market area. These
regulations are supplemented and qualified by additional regulations appearing elsewhere in this
Title.
Permitted Uses. See Chapter 476, Land Use Matrix.
Uses Allowed By Special Use Permit. See Chapter 476, Land Use Matrix.
District Regulations. The "C-1" District shall be a minimum of twenty (20) contiguous acres.
Lot Regulations.
Setbacks.
Front Setback. Each lot shall have a minimum thirty (30) foot front setback.
Side Or Rear Setback. No side or rear setback is required; except where a side or rear
lot line abuts a residentially zoned lot, then a minimum twenty (20) foot setback and
buffer area shall be provided.
Buffer Area. Fifteen percent (15%) of the total lot area shall be devoted to
landscaped/greenspace areas. Of these areas, a minimum twenty (20) foot buffer area along
any lot line adjacent to MoDOT right-of-way and a minimum ten (10) foot wide buffer area
along any lot line adjacent to any other right-of-way shall be provided.
Landscaped/greenspace areas in front of buildings and parking islands may substitute for up
to one-half (1/2) of the required buffer areas along rights-of-way.
Intensity Of Use. Maximum lot coverage of the principal building(s) shall not exceed fifty
percent (50%) of the lot area.
Lot Area. The minimum lot area shall be three-quarters (3/4) of an acre or thirty-two thousand
six hundred seventy (32,670) square feet.
Number Of Buildings Per Lot. More than one (1) principal building may be located on a lot
provided all other regulations related to the lot and use of the lot are met.
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1.
a.
b.
(1)
(2)
(3)
c.
2.
F.
[1]
A.
B.
C.
D.
a.
b.
1.
E.
Building Regulations.
Building Height. The maximum building height shall not exceed forty-five (45) feet. Additional
building height may be granted by Special Use Permit.
Exterior Building Materials.
Primary Building Materials. Brick and other brick-like masonry, glass panels or
architectural pre-case concrete. The primary building materials shall not be less than
eighty-five percent (85%), excluding windows and doors, of any wall.
Accent Building Materials. Architecturally designed metal panels, in a color compatible
with the primary building material.
Exceptions.
Exterior finishes deemed prototypical in building design that must be maintained for
corporate or market identity may be authorized during Site Plan Review, in
accordance with Chapter 447.
Alternative exterior building materials deemed to be of high durability and quality,
require low maintenance, and compatible with the surrounding uses may be
authorized under Site Plan Review, in accordance with Chapter 447.
Concrete block may only be allowed as a primary or accent building material on a
rear wall not facing a public or private street or residential property.
Editor's Note: Former Chapter 467, Commercial Zone Districts, containing Sections 467.010 through
467.020, was repealed 1-24-2019 by Ord. No. 3891.
Section 467.020. "C-2" Commercial District Regulations.
[Ord. No. 3891, 1-24-2019]
Purpose. This Section contains the regulations for the "C-2" Commercial District (hereinafter the
"C-2" District). Due to the District's location to State Highway 141 and nearby neighborhoods, the
purpose of the "C-2" District is to provide a mix of commercial and service-oriented uses that
serve a local market area to provide local neighborhood convenience and shopping. These
regulations are supplemented and qualified by additional regulations appearing elsewhere in this
Title.
Permitted Uses. See Chapter 476, Land Use Matrix.
Uses Allowed By Special Use Permit. See Chapter 476, Land Use Matrix.
District Regulations. The "C-2" District shall be a minimum of ten (10) contiguous acres.
Lot Regulations.
Setbacks.
Front Setback. Each lot shall have a minimum twenty (20) foot front setback.
Side Or Rear Setback. Each lot shall have a minimum ten (10) foot side and rear
setback; except where a side or rear lot line abuts a residentially zoned lot, then a
minimum twenty (20) foot setback and buffer area shall be provided.
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2.
3.
4.
5.
1.
a.
b.
(1)
(2)
(3)
c.
2.
F.
1.
A.
Landscaping. Fifteen percent (15%) of the total lot area shall be devoted to
landscaped/greenspace areas. Of these areas, a minimum twenty (20) foot buffer area along
any lot line adjacent to MoDOT right-of-way and a minimum ten (10) foot wide buffer area
along any lot line adjacent to any other right-of-way shall be provided.
Landscaped/greenspace areas in front of buildings and parking islands may substitute for up
to one-half (1/2) of the required buffer areas along rights-of-way.
Intensity Of Use. Maximum lot coverage of the principal building(s) shall not exceed sixty
percent (60%) of the lot area.
Lot Area. The minimum lot area shall be three-quarters (3/4) of an acre or thirty-two thousand
six hundred seventy (32,670) square feet.
Number Of Buildings Per Lot. More than one (1) principal building may be located on a lot
provided all other regulations related to the lot and use of the lot are met.
Building Regulations.
Building Height. The maximum building height shall not exceed thirty-five (35) feet. Additional
building height may be granted by Special Use Permit.
Exterior Building Materials.
Primary Building Materials. Brick and other brick-like masonry, glass panels or
architectural pre-case concrete. The primary building materials shall not be less than
eighty-five percent (85%), excluding windows and doors, of any wall.
Accent Building Materials. Architecturally designed metal panels, in a color compatible
with the primary building material.
Exceptions.
Exterior finishes deemed prototypical in building design that must be maintained for
corporate or market identity may be authorized during Site Plan Review, in
accordance with Chapter 447.
Alternative exterior building materials deemed to be of high durability and quality,
require low maintenance, and compatible with the surrounding uses may be
authorized under Site Plan Review, in accordance with Chapter 447.
Concrete block may only be allowed as a primary or accent building material on a
rear wall not facing a public or private street or residential property.
Chapter 470. Environmental Performance Standards
Section 470.010. General Regulations And Purpose.
[Ord. No. 4052, 6-25-2020[1]]
Every use, activity, process, or operation located or occurring in the City shall comply with the
environmental performance standards prescribed in this Chapter.
Every use, activity, or structure permitted shall comply with the provisions of the City's and
other governmental regulating bodies' environmental and safety hazard ordinances, laws, or
acts which pertain to noise and vibration, smoke, odorous matter, toxic matter, radioactive
materials, fire, explosives, humidity, heat, glare, and other offensive and/or safety hazards.
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3.
[1]
A.
B.
1.
2.
C.
A.
It is the intent of this Chapter to minimize or eliminate activities which may potentially create
conditions that are offensive and/or hazardous. All activities shall be in compliance with all
City, County, State, and Federal environmental laws, Statutes, and regulations.
Each developer is responsible for informing the City of all environmental laws and regulations
that are applicable to the particular site and obtaining all appropriate permits before a building
permit is issued and construction begins.
Editor's Note: Former Chapter 470, Additional Non-Residential District Regulations, containing Sections
470.010 through 470.070 was repealed 6-25-2020 by Ord. No. 4052.
Section 470.020. Administration And Enforcement.
[Ord. No. 4052, 6-25-2020]
Whenever, in the opinion of the Director, there is a reasonable probability that any use or
occupancy violates these environmental performance standards, he/she is hereby authorized to
employ a qualified technician or technicians to perform whatever investigations and analyses as
are necessary to determine whether or not they are in fact being violated.
In the event that a violation is found to exist, the violator shall be liable for the reasonable fee of
the technicians employed to perform such investigations and analyses. Such fees may be
recovered as a penalty in the same manner as, and in addition to, the penalties specified in
Section 425.020 of the Zoning Code.
If a complaint is received regarding an alleged violation of any of the provisions of this Chapter
and the Director does not believe that there is a reasonable probability that such a violation
actually exists, the Director may, as a condition precedent to further investigation, require that the
complainant agree to pay all costs in accordance with the terms of this Section and post an
escrow deposit in the amount of two hundred dollars ($200.00) to defray the cost of employing a
qualified technician or technicians to perform such investigation and analyses as may be
necessary to determine whether or not such violation exists. Nothing in this Section shall require
the Director to conduct such investigation regardless of willingness of complainant to post such
escrow.
In the event that the complaint is substantiated, the escrow deposit shall be refunded to the
depositor and the reasonable fees associated with the investigation and analyses shall be
recovered in the manner provided above.
If the complaint proves unfounded, such fee shall be paid from the complainant's escrow
deposit. Any remainder of such deposit shall be refunded to the complainant upon completion
of the investigation. In the alternative, if the deposit does not cover all of the costs of the
investigation, the complainant shall provide the City additional payment to cover all such
costs.
Section 470.030. Performance Standards.
[Ord. No. 4052, 6-25-2020]
Vibrations. 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,
except that vibration caused by blasting conducted in accordance with the requirements of the
Explosives Code, Chapter 711 St. Louis County Revised Ordinances (SLCRO), as amended, may
exceed these limitations.
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B.
C.
D.
E.
F.
G.
H.
1.
2.
3.
I.
J.
K.
L.
Noise. Every use shall be so operated that the pressure level of sound or noise generated does
not exceed the limitations of the Noise Control Code, Chapter 625 SLCRO, as amended.
Odors. Every use and property shall be so operated that no offensive or objectionable odor is
emitted in accordance with the requirements of the Air Pollution Code, Chapter 612 SLCRO, as
amended.
Smoke. Every use shall be so operated that no smoke from any source shall be emitted that
exceeds the emission levels in the requirements of the Air Pollution Code, Chapter 612 SLCRO,
as amended.
Toxic Gases. Every use shall be so operated that there is no emission of toxic, noxious, or
corrosive fumes or gases which exceeds the emission levels of the Air Pollution Code, Chapter
612 SLCRO, as amended.
Emission of dirt, dust, fly, ash, and other forms of particulate matter. The emission of dirt, dust, fly
ash, and other forms of particulate matter shall not exceed the emission levels in the requirements
of the Air Pollution Code, Chapter 612 SLCRO, as amended.
Radiation. Every use shall be so operated that there is no dangerous amount of radioactive
emissions.
Glare And Heat. Any operation producing intense glare or heat shall be performed in an enclosure
in such a manner as to be imperceptible along any lot line without instruments.
Site Drainage.
Each lot's storm water drainage system shall be allowed to flow unrestricted and runoff water
shall not be allowed to make contact with potential sources of contamination related to a
developer's or parcel owner's operations. Construction and site grading activities shall require
drainage and erosion control which will be implemented prior to construction and exposed soil
shall be replanted at the earliest possible date after the completion of such grading.
All erosion and siltation control devices shall be regularly inspected and maintained during
development and be in accordance with all applicable Federal, State, and local regulations
and guidelines. Where fill is necessary to attain the approved finished grade of any lot, the fill
shall be free of waste materials and shall not contain noxious materials that will give off odors
of any kind.
Where applicable, storm water diversion will be allowed only if a National Pollution Discharge
Elimination System (NPDES) permit is granted by the Missouri DNR.
Site Hazards. Any operation shall be carried on with reasonable precautions against fire and
explosion hazards. All areas inside and outside of a building or structure shall conform to all
current National Fire Protection Association (NFPA) fire and safety codes. Only minimum
quantities of materials including raw materials, reagents, products, by-products, and wastes will be
stored on site. Storage, handling, and use of hazardous and/or explosive materials shall be in
accordance with Missouri DNR and U.S. Environmental Protection Agency rules and regulations, if
applicable.
Building Materials And Disposal. No building materials which will create an exposure hazard to
occupants of a facility in excess of Occupational Safety and Health Agency (OSHA) standards will
be allowed. All waste and construction materials are to be collected and properly disposed. No
waste construction materials are to be incorporated into the fill of a lot within the limits of the City.
Violations And Accidental Spills. All environmental violations including accidental spills are to be
reported immediately upon detection to the appropriate agency. Each property owner is
responsible for the cleanup and shall copy the City on all correspondence sent or received which
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M.
N.
A.
B.
C.
D.
a.
b.
c.
1.
2.
3.
4.
5.
E.
F.
relate to the violation/spill including cleanup. Cleanup plans are subject to review and approval by
the City prior to implementation in addition to any other appropriate agencies review.
Lighting. All illumination structures, except for approved streetlights, shall be so arranged as not to
cast light directly from any source of illumination on any public right-of-way or on adjacent
residentially zoned properties.
Utility Regulations. Unless otherwise provided in the Excavations and Public Rights-of-Way
Management Chapter, all new utilities must be placed underground in an aesthetic and safe
manner. These utilities, would include, but are in no way limited to, fiber optics, electric, telephone,
cable, natural gas, sewer, and water.
Chapter 475. Business Park Districts
Section 475.010. "BP-1" Business Park District Regulations.
[Ord. No. 3891, 1-24-2019[1]]
Purpose. This Section contains the regulations for the "BP-1" Business Park District (hereinafter
"BP-1" District). The purpose of the "BP-1" District is to provide for a mix of office, retail, and
service uses in business park setting. Because portions of the "BP-1" District are adjacent to
residential areas, the District provides for appropriate small-scale uses that complement and
provide a buffer to the residential area. These regulations are supplemented and qualified by
additional regulations appearing elsewhere in this Title.
Permitted Uses. See Chapter 476, Land Use Matrix.
Uses Allowed By Special Use Permit. See Chapter 476, Land Use Matrix.
District Regulations. The "BP-1" District shall be a minimum of eight (8) contiguous acres.
Lot Regulations.
Setbacks.
Front Setback. Each lot shall have a minimum fifty (50) foot front setback.
Side Setback. Each lot shall have a minimum twenty-five (25) foot side setback.
Rear Setback. Each lot shall have a minimum twenty-five (25) foot rear setback.
Buffer Area. Each lot shall have landscaped buffer areas of not less than thirty (30) feet from
the front lot line(s) and fifteen (15) feet from the side and rear lot lines. Parking lots may
encroach the required setbacks provided in Subsections (E)(1)(a — c) above, but shall not
encroach the required landscaped buffer areas provided herein.
Intensity Of Use. Maximum lot coverage of the principal building(s) shall not exceed sixty-five
percent (65%) of the lot area.
Lot Area. The minimum lot area shall be two and three-tenths (2.3) of an acre or one hundred
thousand (100,000) square feet, with a minimum width of two hundred (200) feet at the
required building line.
Number Of Buildings Per Lot. More than one (1) principal building may be located on a lot
provided all other regulations related to the lot and use of the lot are met.
Building Regulations.
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1.
2.
(1)
(2)
(3)
a.
(1)
(2)
b.
(1)
(2)
c.
3.
[1]
A.
B.
C.
D.
E.
Building Height. The maximum building height shall not exceed fifty (50) feet. Additional
building height may be granted by Special Use Permit.
Building Size. Each principal building shall have a minimum primary floor area of twenty-five
thousand (25,000) square feet.
Exterior Building Materials.
Primary Building Materials.
Allowable primary building materials are brick and other brick-like masonry,
architecturally designed metal panels, glass, or architectural pre-cast concrete.
Exterior Insulation Finishing Systems (EIFS) is an allowable primary building
material subject to the maximum EIFS surface not exceeding fifty percent (50%) of
any wall, excluding windows and doors. EIFS material shall be located a minimum of
three (3) feet above grade.
Primary building materials shall have a predominantly warm, earthtone appearance.
Accent Building Materials.
Vinyl or metal post wraps (post cladding) and vinyl or metal casements for windows
and doors.
Accent building materials shall be a color that is compatible with the primary building
material.
Exceptions.
Concrete block may only be allowed as a primary or accent building material on a
rear wall not facing a public or private street or residential property.
Alternative exterior building materials deemed to be of high durability and quality,
require low maintenance, and compatible with the surrounding uses may be
authorized under Site Plan Review, in accordance with Chapter 447.
Editor's Note: Former Sections 475.010 through 475.060, were repealed and replaced with new
material 1-24-2019 by Ord. No. 3891. Additionally the title of this chapter was changed from "Business
Zoning Districts" to "Business Park Districts."
Section 475.020. "BP-2" Business Park District Regulations.
[Ord. No. 3891, 1-24-2019]
Purpose. This Section contains the regulations for the "BP-2" Business Park District (hereinafter
"BP-2" District). The purpose of the "BP-2" District is to provide a mix of office and light industrial
uses with service and convenience uses in a business park setting. These regulations are
supplemented and qualified by additional regulations appearing elsewhere in this Title.
Permitted Uses. See Chapter 476, Land Use Matrix.
Uses Allowed By Special Use Permit. See Chapter 476, Land Use Matrix.
District Regulations. The "BP-2" District shall be a minimum of twenty (20) contiguous acres.
Lot Regulations.
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a.
b.
c.
1.
2.
3.
4.
5.
1.
2.
(1)
(2)
(3)
a.
(1)
(2)
b.
(1)
(2)
c.
3.
F.
Setbacks.
Front Setback. Each lot shall have a minimum fifty (50) foot front setback.
Side Setback. Each lot shall have a minimum twenty-five (25) foot side setback.
Rear Setback. Each lot shall have a minimum twenty-five (25) foot rear setback.
Buffer Area. Each lot shall have landscaped buffer areas of not less than thirty (30) feet from
the front lot line(s) and fifteen (15) feet from the side and rear lot lines. Parking lots may
encroach the required setbacks provided in Subsections (E)(1)(a — c) above, but shall not
encroach the required landscaped buffer areas provided herein.
Intensity Of Use. Maximum lot coverage of the principal building(s) shall not exceed sixty-five
percent (65%) of the lot area.
Lot Area. The minimum lot area shall be two and three-tenths (2.3) of an acre or one hundred
thousand (100,000) square feet, with a minimum width of two hundred (200) feet at the
required building line.
Number Of Buildings Per Lot. More than one (1) principal building may be located on a lot
provided all other regulations related to the lot and use of the lot are met.
Building Regulations.
Building Height. The maximum building height shall not exceed fifty (50) feet. Additional
building height may be granted by Special Use Permit.
Building Size. Each principal building shall have minimum primary floor area of twenty-five
thousand (25,000) square feet.
Exterior Building Materials.
Primary Building Materials.
Allowable primary building materials are brick and other brick-like masonry,
architecturally designed metal panels, glass, or architectural pre-cast concrete.
Exterior Insulation Finishing Systems (EIFS) is an allowable primary building
material subject to the maximum EIFS surface not exceeding fifty percent (50%) of
any wall, excluding windows and doors. EIFS material shall be located a minimum of
three (3) feet above grade.
Primary building materials shall have a predominantly warm, earthtone appearance.
Accent Building Materials.
Vinyl or metal post wraps (post cladding) and vinyl or metal casements for windows
and doors are permitted accent building materials.
Accent building materials shall be a color that is compatible with the primary building
material.
Exceptions.
Concrete block may only be allowed as a primary or accent building material on a
rear wall not facing a public or private street or residential property.
Alternative exterior building materials deemed to be of high durability and quality,
require low maintenance, and compatible with the surrounding uses may be
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A.
B.
C.
D.
a.
b.
c.
1.
a.
b.
2.
3.
E.
authorized under Site Plan Review, in accordance with Chapter 447.
Section 475.030. "BP-3" Business Park District Regulations.
[Ord. No. 3891, 1-24-2019]
Purpose. This Section contains the regulations for the "BP-3" Business Park District (hereinafter
"BP-3" District). The purpose of the "BP-3" District is to provide a mix of office, light industrial,
retail, and service uses in a business park setting. Because portions of the "BP-3" District are
adjacent to residential areas, the District provides for appropriate small-scale uses that
complement and provide a buffer to the residential area, regulations are supplemented and
qualified by additional regulations appearing elsewhere in this Title.
Permitted Uses. See Chapter 476, Land Use Matrix.
Uses Allowed By Special Use Permit. See Chapter 476, Land Use Matrix.
District Regulations. The "BP-3" District shall be a minimum of six (6) contiguous acres.
Lot Regulations.
Setbacks.
Front Setback. Each lot shall have a minimum fifty (50) foot front setback.
Side Setback. Each lot shall have a minimum fifteen (15) foot side setback. Furthermore,
any side lot line adjoining any residentially zoned property shall have an additional side
setback of five (5) feet for each one (1) foot of building height in excess of fifteen (15)
feet; said setback being determined by the wall facing the lot line. (Note: For comparative
purposes, a thirty (30) foot high building subject to the above provision would be set back
ninety (90) feet from any adjoining residential lot line.)
Rear Setback. Each lot shall have a minimum fifteen (15) foot rear setback. Furthermore,
any rear lot line adjoining any residentially zoned property shall have an additional rear
setback of five (5) feet for each one (1) foot of building height in excess of fifteen (15)
feet; said setback being determined by the wall facing the lot line. (Note: For comparative
purposes, a thirty (30) foot high building subject to the above provision would be set back
ninety (90) feet from any adjoining residential lot line.)
Buffer Area.
Each lot shall have landscaped buffer areas of not less than thirty (30) feet from the front
lot line(s) and fifteen (15) feet from the side and rear lot lines. Parking lots may encroach
the required setbacks provided in Subsections (E)(1)(a — c) above, but shall not
encroach the required landscaped buffer areas area provided herein. Expanded parking
and/or drive aisles with a reduced buffer area of a minimum of fifteen (15) feet from the
front lot line and/or ten (10) feet from any side or rear lot line may be granted by Special
Use Permit.
Notwithstanding the above, any portion of a side or rear lot line abutting a residentially
zoned property shall have a minimum twenty-five (25) foot wide buffer area, or more if
deemed necessary by the City under Site Plan Review, extending the length of the
adjacent lot. Said area shall be planted with trees and shrubs to provide a dense screen
at maturity, throughout the year, as approved by the City under Site Plan Review. No
parking areas or accessory uses will be allowed in the landscaped buffer areas.
Intensity Of Use. Maximum lot coverage of the principal building(s) shall not exceed sixty-five
percent (65%) of the lot area.
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4.
5.
1.
a.
b.
c.
d.
e.
2.
(1)
(2)
(3)
a.
(1)
(2)
b.
(1)
c.
3.
F.
Lot Area. The minimum lot area shall be one (1) acre or forty-three thousand five hundred
sixty (43,560) square feet, with a minimum width of one hundred fifty (150) feet at the required
building line.
Number Of Buildings Per Lot. More than one (1) principal building may be located on a lot
provided all other regulations related to the lot and use of the lot are met.
Building Regulations.
Building Height. The maximum building height shall not exceed fifty (50) feet. Additional
height may be granted by Special Use Permit.
Building Size. The primary floor area shall be a maximum of fifty thousand (50,000) square
feet. Primary floor area greater than fifty thousand (50,000) square feet may be granted by a
Special Use Permit subject to the following:
Such structure must otherwise comply with the maximum lot coverage.
All required setbacks, buffer areas, and parking requirements shall be complied with.
The maximum primary floor area shall not exceed seventy-five thousand (75,000) square
feet.
A buffer area of not less than fifty (50) feet width shall be provided along any lot line
adjacent to a residentially zoned property. Said buffer area must include a combination of
evergreen and deciduous trees, shrubs, and berms to reasonably mitigate the view from
the adjacent residentially zoned property.
No loading docks or tractor-trailer dock maneuvering areas shall be directly exposed to
any adjacent residentially zoned property. Where necessary, screen walls constructed of
materials in compliance with provisions of the "BP-3" District may be provided.
Exterior Building Materials.
Primary Building Materials.
Allowable primary building materials are brick and other brick-like masonry,
architecturally designed metal panels, glass, or architectural pre-cast concrete.
Exterior Insulation Finishing Systems (EIFS) is an allowable primary building
material subject to the maximum EIFS surface not exceeding fifty percent (50%) of
any wall, excluding windows and doors. EIFS material shall be located a minimum of
three (3) feet above grade.
Primary building materials shall have a predominantly warm, earthtone appearance.
Accent Building Materials.
Vinyl or metal post wraps (post cladding) and vinyl or metal casements for windows
and doors are permitted accent building materials.
Accent building materials shall be a color that is compatible with the primary building
material.
Exceptions.
Concrete block may only be allowed as a primary or accent building material on a
rear wall not facing a public or private street or residential property.
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(2)
A.
B.
C.
D.
a.
b.
c.
1.
2.
3.
4.
5.
E.
1.
2.
(1)
a.
3.
F.
Alternative exterior building materials deemed to be of high durability and quality,
require low maintenance, and compatible with the surrounding uses may be
authorized under Site Plan Review, in accordance with Chapter 447.
Section 475.040. "CP-1" Commercial Park District Regulations.
[Ord. No. 3891, 1-24-2019]
Purpose. This Section contains the regulations for the "CP-1" Commercial Park District
(hereinafter "CP-1" District). Due to the District's location to Interstate 44, the purpose of the "CP-
1" District is to provide for a mix of offices, retail, service, and convenience uses in a business
park setting. These regulations are supplemented and qualified by additional regulations
appearing elsewhere in this Title.
Permitted Uses. See Chapter 476, Land Use Matrix.
Uses Allowed By Special Use Permit. See Chapter 476, Land Use Matrix.
District Regulations. The "CP-1" District shall be a minimum of six (6) contiguous acres.
Lot Regulations.
Setbacks.
Front Setback. Each lot shall have a minimum fifty (50) foot front setback.
Side Setback. Each lot shall have a minimum twenty-five (25) foot side setback.
Rear Setback. Each lot shall have a minimum twenty-five (25) foot rear setback.
Buffer Area. Each lot shall have landscaped buffer areas of not less than thirty (30) feet from
the front lot line(s) and fifteen (15) feet from the side and rear lot lines. Parking lots may
encroach the required setbacks provided in Subsections (E)(1)(a — c) above, but shall not
encroach the required landscaped buffer areas provided herein.
Intensity Of Use. Maximum lot coverage of the principal building(s) shall not exceed sixty-five
percent (65%) of the lot area.
Lot Area. The minimum lot area shall be two (2) acres or one hundred thousand (100,000)
square feet, with a minimum width of one hundred fifty (150) feet at the required building line.
Number Of Buildings Per Lot. More than one (1) principal building may be located on a lot
provided all other regulations related to the lot and use of the lot are met.
Building Height And Building Size.
Building Height. The maximum building height shall not exceed fifty (50) feet. Additional
building height may be granted by Special Use Permit.
Building Size. Each principal building shall have a minimum primary floor area of two
thousand five hundred (2,500) square feet.
Exterior building design and materials.
Primary Building Materials.
Allowable primary building materials are brick and other brick-like masonry,
architecturally designed metal panels, glass, or architectural pre-cast concrete.
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(2)
(3)
(1)
(2)
b.
(1)
(2)
c.
A.
B.
C.
D.
a.
b.
c.
1.
2.
3.
E.
Exterior Insulation Finishing Systems (EIFS) is an allowable primary building
material subject to the maximum EIFS surface not exceeding fifty percent (50%) of
any wall, excluding windows and doors. EIFS material shall be located a minimum of
three (3) feet above grade.
Primary building materials shall have a predominantly warm, earthtone appearance.
Accent Building Materials.
Vinyl or metal post wraps (post cladding) and vinyl or metal casements for windows
and doors are permitted accent building materials.
Accent building materials shall be a color that is compatible with the primary building
material.
Exceptions.
Concrete block may only be allowed as a primary or accent building material on a
rear wall not facing a public or private street or residential property.
Alternative exterior building materials deemed to be of high durability and quality,
require low maintenance, and compatible with the surrounding uses may be
authorized under Site Plan Review, in accordance with Chapter 447.
Section 475.050. "HP-1" Hospitality Park District Regulations.
[Ord. No. 3891, 1-24-2019]
Purpose. This Section contains the regulations for the "HP-1" Hospitality Park District (hereinafter
"HP-1" District). Due to the District's location to Interstate 44, the purpose of the "HP-1" District is
to provide a variety of hospitality uses, such as hotels, restaurants, convenience uses, and
entertainment establishments, in a business park setting. These regulations are supplemented
and qualified by additional regulations appearing elsewhere in this Title.
Permitted Uses. See Chapter 476, Land Use Matrix.
Uses Allowed By Special Use Permit. See Chapter 476, Land Use Matrix.
District Regulations. The "HP-1" District shall be a minimum of eight (8) contiguous acres.
Lot Regulations.
Setbacks.
Front Setback. Each lot shall have a minimum fifty (50) foot front setback.
Side Setback. Each lot shall have a minimum fifteen (15) foot side setback.
Rear Setback. Each lot shall have a minimum fifteen (15) foot rear setback.
Buffer Area. Each lot shall have landscaped buffer areas of not less than thirty (30) feet from
the front lot line(s) and fifteen (15) feet from the side and rear lot lines. Parking lots may
encroach the required front setback provided in Subsection (E)(1)(a) above but shall not
encroach the required landscaped buffer areas provided herein.
Intensity Of Use. Maximum lot coverage of the principal building(s) shall not exceed sixty-five
percent (65%) of the lot area.
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4.
5.
1.
2.
(1)
(2)
(3)
a.
(1)
(2)
b.
(1)
(2)
(3)
c.
3.
F.
A.
Lot Area. The minimum lot area shall be one (1) acre or forty-three thousand five hundred
sixty (43,560) square feet, with a minimum width of one hundred fifty (150) feet at the required
building line.
Number Of Buildings Per Lot. More than one (1) principal building may be located on a lot
provided all other regulations related to the lot and use of the lot are met.
Building Regulations.
Building Height. The maximum building height shall not exceed fifty (50) feet. Additional
building height may be granted by Special Use Permit.
Building Size. Each principal structure shall have a minimum primary floor area of four
thousand (4,000) square feet.
Exterior Building Materials.
Primary building materials.
Allowable primary building materials are brick and other brick-like masonry,
architecturally designed metal panels, glass, or architectural pre-cast concrete.
Exterior Insulation Finishing Systems (EIFS) is an allowable primary building
material subject to the maximum EIFS surface not exceeding fifty percent (50%) of
any wall, excluding windows and doors. EIFS material shall be located a minimum of
three (3) feet above grade.
Primary building materials shall have a predominantly warm, earthtone appearance.
Accent Building Materials.
Vinyl or metal post wraps (post cladding) and vinyl or metal casements for windows
and doors are permitted accent building materials.
Accent building materials shall be a color that is compatible with the primary building
material.
Exceptions.
Concrete block may only be allowed as a primary or accent building material on a
rear wall not facing a public or private street or residential property.
Exterior finishes deemed prototypical in building design that must be maintained for
corporate or market identity may be authorized during Site Plan Review, in
accordance with Chapter 447.
Alternative exterior building materials deemed to be of high durability and quality,
require low maintenance, and compatible with the surrounding uses may be
authorized under Site Plan Review, in accordance with Chapter 447.
Section 475.060. "IP-1" Industrial Park District Regulations.
[Ord. No. 3891, 1-24-2019]
Purpose. This Section contains the regulations for the "IP-1" Industrial Park District (hereinafter
"IP-1" District). Due to the District's location to Interstate 44 and the railway system, the purpose of
the "IP-1" District is to provide a variety of light and heavy industrial, highway-related businesses.
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B.
C.
D.
a.
b.
c.
1.
2.
3.
4.
5.
E.
1.
2.
(1)
(2)
(3)
a.
(1)
(2)
b.
3.
F.
These regulations are supplemented and qualified by additional regulations appearing elsewhere
in this Title.
Permitted Uses. See Chapter 476, Land Use Matrix.
Uses Allowed By Special Use Permit. See Chapter 476, Land Use Matrix.
District Regulations. The "IP-1" District shall be a minimum of twenty (20) contiguous acres.
Lot Regulations.
Setbacks.
Front Setback. Each lot shall have a minimum fifty (50) foot front setback.
Side Setback. Each lot shall have a minimum fifteen (15) foot side setback.
Rear Setback. Each lot shall have a minimum fifteen (15) foot rear setback.
Buffer Area. Each lot shall have landscaped buffer areas of not less than twenty (20) feet from
the front lot line(s) and ten (10) feet from the side and rear lot lines. Parking lots may
encroach the required setbacks provided in Subsections (E)(1)(a — c) above, but shall not
encroach the required landscaped buffer areas provided herein.
Intensity Of Use. Maximum lot coverage of the principal building(s) shall not exceed seventy-
five percent (75%) of lot area.
Lot Area. The minimum lot area shall be two (2) acres.
Number Of Buildings Per Lot. More than one (1) principal building may be located on a lot
provided all other regulations related to the lot and use of the lot are met.
Building Regulations.
Building Height. The maximum building height shall not exceed fifty (50) feet. Additional
building height may be granted by Special Use Permit.
(Reserved.)
Exterior Building Materials.
Primary Building Materials.
Allowable primary building materials are brick and other brick-like masonry,
architecturally designed metal panels, glass, or architectural pre-cast concrete.
Exterior Insulation Finishing Systems (EIFS) is an allowable primary building
material subject to the maximum EIFS surface not exceeding fifty percent (50%) of
any wall, excluding windows and doors. EIFS material shall be located a minimum of
three (3) feet above grade.
Primary building materials shall have a predominantly warm, earthtone appearance.
Accent Building Materials.
Vinyl or metal post wraps (post cladding) and vinyl or metal casements for windows
and doors are permitted accent building materials.
Accent building materials shall be a color that is compatible with the primary building
material.
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(1)
(2)
c.
A.
a.
b.
c.
1.
2.
3.
B.
C.
D.
Exceptions.
Concrete block may only be allowed as a primary or accent building material on a
rear wall not facing a public or private street or residential property.
Alternative exterior building materials deemed to be of high durability and quality,
require low maintenance, and compatible with the surrounding uses may be
authorized under Site Plan Review, in accordance with Chapter 447.
Section 475.070. "BP-4" Planned Business Park District
Regulations.
[Ord. No. 3875, 11-19-2018[1]]
Purpose. This Section contains the regulations and procedures of the "BP-4" Planned Business
Park District (hereinafter "BP-4" District). It is the purpose of the "BP-4" District to facilitate the
establishment of combinations of development and uses in a planned environment for which no
provision is made in any single "BP" Business Park District and to encourage a creative approach
to the use of land and affiliated physical facilities that results in a better development and design
under conditions of approved site and development plans. Furthermore, the "BP-4" District is
intended for varying intensity business and associated retail services of high quality that can justify
the amenities and high level of performance standards governing development in a planned
business park setting. These regulations are supplemented and qualified by additional regulations
appearing elsewhere in this Title.
Establishment Of A "BP-4" District.
A "BP-4" District may be established on a tract of land in a single ownership or management
control provided that:
An application for a change of zoning and a concept plan (hereinafter "Concept Plan") is
approved by the Board.
A Site Development Plan in compliance with the conditions for rezoning and Concept
Plan approved by the Board is submitted to Commission and Board for approval and
recorded with the St. Louis County Recorder of Deeds.
The schedule of construction is complied with in accordance with the approved rezoning
ordinance and/or Site Development Plan approval.
A "BP-4" District may be established by the Board in the same manner that other Zoning
Districts are established where the Board determines that any particular tract or areas should
be developed accordingly, 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 "BP-1," "BP-2" and "BP-3" Business Park Districts.
The minimum tract or combined property area to establish a "BP-4" District shall be three (3)
contiguous acres unless said property adjoins a "BP-4" District. For property adjoining an
existing "BP-4" District, the minimum area is one (1) contiguous acre.
Permitted Uses And Uses Allowed By Special Use Permit. Permitted Uses and Uses allowed by
Special Use Permit in the "BP-4" District shall be established in the conditions of the rezoning
ordinance governing the District. Specific uses may include those designated Permitted Uses and
by Uses allowed by Special Use Permit in any "BP" Business Park District, except not more than
fifty percent (50%) of the gross floor area of any building may be used for warehouse.
Lot Regulations.
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a.
b.
c.
1.
2.
3.
4.
1.
2.
E.
a.
b.
c.
d.
e.
f.
g.
1.
F.
Setbacks And Buffer Areas.
Front Setback And Buffer Area. Each lot shall have a minimum fifty (50) foot front
setback with a landscaped buffer area of not less than thirty (30) feet from the front lot
line(s). Parking lots may encroach the established front setback but shall not encroach
the required landscaped buffer area provided herein.
Side And Rear Setbacks. Except as otherwise required in this Section, all required side
and rear setbacks and buffer areas shall be as approved on the recorded Concept Plan
or rezoning ordinance. Parking lots may encroach the established side and rear setbacks
but shall not encroach the established landscaped buffer area.
Exceptions. The required setbacks and buffer areas along the lot line of all lots adjacent
to another zoning district shall not be less than such requirement for the abutting
property. Where a lot abuts more than one (1) other zoning district, the most restrictive
shall apply.
Intensity Of Use. Maximum lot coverage of the principal building(s) shall not exceed fifty
percent (50%) of the lot area.
Lot Area. The minimum lot area shall be one (1) acre, with a minimum lot width of two
hundred (200) feet at the required building line.
Number Of Buildings Per Lot. More than one (1) principal building may be located on a lot
provided all setbacks and parking requirements are met.
Building Regulations.
Building Height. The maximum building height shall be five (5) stories, not to exceed fifty (50)
feet in height.
Building Design And Materials. Building design and materials shall be consistent with
permitted design and materials of the "BP-3" Business Park District.
Procedure For Establishment Of "BP-4" District. In order to establish a "BP-4" District to utilize
land in an established "BP-4" District, the procedure shall be as follows:
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 Board on forms prescribed for this purpose
by the Director. These forms are to be submitted to the Community Development Department
and accompanied by the following:
Filing fee per requirements of Section 420.030 (Procedures for a Change in Zoning);
Legal description of the property;
Outboundary plat of the property;
Preliminary site plan in compliance with Section 470.070;
Concept Plan identifying the general location of streets, utilities, and other proposed
infrastructure and the general location of the proposed uses of the District;
Description/list of proposed uses; and
Any additional information reasonably required by the Director to determine compliance
with the requirements herein.
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2.
a.
(1)
(2)
(3)
b.
c.
3.
4.
When approving the change of zoning and Concept Plan, the Commission shall recommend
and the Board shall establish within the governing ordinance the permitted uses and uses
allowed by Special Use Permit for the proposed "BP-4" District, required infrastructure and
rules related to the same, open space requirements, required setbacks, landscape buffers,
building heights and materials, lot size and coverage requirements, density requirements, and
other conditions and requirements to meet the requirements of this Section. All other
provisions and procedures for a change of zoning of Section 420.030 (Procedures for a
Change in Zoning) shall apply.
Site Development Plans.
After passage of the rezoning ordinance and approval of the Concept Plan by the Board
the developer shall proceed with submitting a Site Development Plan. A Site
Development Plan can either be presented for the entire "BP-4" District or the developer
can proceed to construct the District in phases and submit multiple Site Development
Plans. No building permits or authorization for improvement or development for any use
requested under provisions of this Section shall be issued prior to approval of such
Plans.
Site Development Plans Shall Be Submitted To Director For Review. These plans shall
contain the minimum requirements established in the conditions of the ordinance
governing the "BP-4" District and, further, shall comply with the applicable provisions of
the Subdivision Ordinance and other City ordinances. If the Director finds the Plan(s) to
be in substantial compliance with the zoning ordinance, the approved Concept Plan, and
this Section ("Applicable Authority"), the Director shall forward to the Commission for
review and recommendation. For purposes of this Section, "substantial compliance" shall
mean a level of compliance with the requirements of the Applicable Authority such that
any identified inconsistencies do not allow a lesser amount of performance on behalf of
the Developer nor impose a greater burden or risk upon the City or its citizens than that
of the Applicable Authority. Specifically, the Director must determine that:
Development density and intensity have not materially changed such that density of
any use exceeds the permitted density of that use, or the permitted height of the
buildings;
Design has not materially changed, in that the roadway patterns, particularly ingress
egress points, are in the same general location as shown on the Concept Plan,
landscaped open space is in the same general location, is of the same or greater
amount, or the proposed changes do not have the effect of creating any non-
compliance or non-conformity with the strict application of the Zoning Code that were
not previously approved at public hearing, or of expanding the scope of existing
variances, alternative site development, options, or other approvals pursuant to
alternative development standards such that they would differ to a greater degree
from the strict application of the Zoning Code; and
Uses have not changed to include uses not approved by the Applicable Authority.
The Commission shall review the Site Development Plan for compliance with the
Applicable Authority and make a recommendation to the Board. The Board may approve,
approve with conditions, or deny the Site Development Plan in accordance with the
Applicable Authority. Within sixty (60) days of approval by the Board, the Site
Development Plan(s) shall be recorded with the St. Louis County Recorder of Deeds by
the developer at its cost and thereby authorize development as depicted thereon. Failure
to record such Plan within the required time frame shall result in the Site Development
Plan becoming null and void.
Guarantee Of Improvements. Unless otherwise provided for in the conditions of the ordinance
governing a "BP-4" District, no building permits or permits authorizing the occupancy or use of
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any building, facility, commercial establishment or structure may be used or occupied 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
Director. 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, streetlights,
and street trees. If a "BP-4" District is developed in phases, the requirement shall also apply
to all major improvements necessary to the proper operation and function of the phase in
question, even though such improvements may be located outside of the phase in question.
To Amend The Rezoning Ordinance Or Concept Plan. Amendment to the Concept Plan or
conditions or terms of the rezoning ordinance shall proceed through the same procedure for
approval of the original Concept Plan and rezoning ordinance.
To Amend The Recorded Site Development Plans.
The property owner or authorized representative shall submit an amended Site
Development Plan to the Director for review. The Director shall then evaluate the request
for consistency in purpose and content with the nature of the approved Concept Plan,
rezoning ordinance, and original Site Development Plan.
If the Director determines that the proposed amendment to the Site Development Plan is
major in nature and is not in conflict with the approved Concept Plan and meets all
conditions of the "BP-4" District ordinance, said Plan shall be reviewed by the
Commission and forwarded to the Board for approval. If approved, said amended Plan
shall be recorded with the St. Louis County Recorder of Deeds by the developer at its
cost within sixty (60) days of review and report by the Commission and approval by the
Board. Failure to record within the prescribed timeline shall result in the approval of the
amendment being null and void.
If the Director determines that the proposed amendment to the Site Development Plan is
minor in nature and is not in conflict with the original proposal as advertised and the
Concept Plan and meets all conditions of the "BP-4" District ordinance, the Director may
administratively approve such amendment. Said amended Plan shall be retained on file
by the Community Development Department and shall be recorded with the St. Louis
County Recorder of Deeds by the developer at its cost within sixty (60) days of approval
by the Director. Failure to record within the prescribed timeline shall result in the approval
of the amendment being null and void.
If the Director determines that the proposed amendment to the Site Development Plan is
not consistent in purpose and content of the rezoning ordinance or with the Concept Plan
approved by the Board, the Director shall so report to the applicant and the Commission.
The Commission shall then review the amended Site Development Plan and make a
recommendation to the Board for final determination.
Appeals. The developer/petitioner may appeal a decision by the Director. The petitioner shall
have a fifteen-day period in which to file a written appeal and plan with the Commission. The
written appeal, stating the reasons for the appeal, shall be submitted to the Department. The
Commission will make a final determination of the matter. No exceptions will be granted that
are in violation of the particular ordinance governing the Site Development Plan. Such final
determination by the Commission is subject to the appeal procedures of Chapter 160. To the
fullest extent permitted by law, such review procedures shall be exhausted before any action
may be filed in any court against the City or its officers, employees, boards, officials, or
commissions.
Failure To Commence Construction.
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b.
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Unless otherwise determined by the Board in the rezoning ordinance, the Board shall
consider the "BP-4" District development subject to revocation if substantial construction
fails to commence within one (1) year of filing of the Site Development Plan or
construction is not completed within five (5) years from approval of the Site Development
Plan. As used in this Section, "substantial construction" shall mean final grading for
roadways necessary for first (1st) approved plat or phase of construction and
commencement of installation of sanitary and storm sewers. Any extension herein
provided for shall be filed with the Director prior to the expiration date for which the
extension is being requested. The developer shall be notified, in writing, at least sixty (60)
days prior to any revocation hearing.
The Board may grant an extension to commence construction for not more than one (1)
additional year. Any extension herein provided for shall be filed with the Director prior to
the expiration date for which the extension is being requested.
In the event the Site Development Plan is not submitted or substantial construction has
not commenced within the prescribed time limits, the Site Development Plan and
Concept Plan shall terminate and the Commission shall within forty-five (45) days
recommend initiation of a new public hearing to revert the property to its prior
classification in accord with the proceedings specified in Section 420.040, Petitions for
Change, Filing Fee, Form and Contents. When a "BP-4" District has terminated by
reason of provisions of this Subsection, no building permit shall be issued on that
property until a public hearing has been held for the purpose of reinstating the "BP-4"
District or reversion of said property to its prior zoning classification and action taken
thereon by the Board.
Unfinished Portions Of A Site Development Plan. Any ground in an unfinished phase of a Site
Development Plan in the "BP-4" District not completed within one (1) year from the date of
Site Development Plan approval by the Board shall be graded and seeded with a perennial
grass seed. Said undeveloped ground shall be maintained with appropriate mowing and
trimming to meet City standards, until it becomes an active construction site.
Editor's Note: Former Section 475.070, "BP-4" Planned Business Park District, was repealed 11-19-
2018 by Ord. No. 3875.
Section 475.080. "PID" Planned Industrial Development District
Regulations.
[Ord. No. 3876, 11-19-2018[1]]
Purpose. This Section contains the regulations and procedures for the "PID" Planned Industrial
Development District (hereinafter "PID" District). It is the purpose of the "PID" District to facilitate
the establishment of combinations of development and uses that cannot be accomplished in a
Business Park District and to encourage a creative approach to the use of land and facilities
therein that can best be achieved via parameters and alternatives through conditions of approved
site development plans. Furthermore, the "PID" District is intended for varying intensity industrial
and complementary business/commercial services of high quality that can justify the amenities
and high level of performance standards governing development in a planned industrial
development setting. These regulations are supplemented and qualified by additional regulations
appearing elsewhere in this Title.
Establishment Of A "PID" District.
A "PID" District may be established on a tract of land in a single ownership or management
control provided that:
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b.
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b.
c.
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4.
D.
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E.
An application for a change of zoning and a concept plan (hereinafter "Concept Plan") is
approved by the Board.
A Site Development Plan in compliance with the conditions for rezoning and Concept
Plan approved by the Board is submitted to the Commission and Board for approval and
recorded with the St. Louis County Recorder of Deeds.
The schedule of construction is complied with in accordance with the approved rezoning
ordinance and/or Site Development Plan approval.
A "PID" District may be established by the Board in the same manner that other Zoning
Districts are established where the Board determines that any particular tract or areas should
be developed accordingly, 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 "IP-1" Industrial Park District.
The minimum tract or combined property area to establish a "PID" District shall be twenty (20)
contiguous acres unless said property adjoins a "PID" District. For property adjoining an
existing "PID" District, the minimum area is two (2) contiguous acres.
Permitted Uses And Uses Allowed By Special Use Permit. Permitted Uses and Use allowed by
Special Use Permit in the "PID" District, shall be established in the conditions of the rezoning
ordinance governing the particular "PID" District. Specific uses include those designated Permitted
Uses and Uses allowed by Special Use Permit in any "BP" Business Park Districts.
Lot Regulations.
Setbacks And Buffer Areas.
Front Setback And Buffer Area. Each lot shall have a minimum fifty (50) foot front
setback with a landscaped buffer area of not less than thirty (30) feet from the front lot
line(s). Parking lots may encroach the established front setback but shall not encroach
the required landscaped buffer area provided herein.
Side And Rear Setbacks. Except as otherwise required in this Section, all required side
and rear setbacks and buffer areas shall be as approved on the recorded Concept Plan
or rezoning ordinance. Parking lots may encroach the established side and rear setbacks
but shall not encroach the established landscaped buffer area.
Exceptions. The required setbacks and buffer areas along the lot line of all lots adjacent
to another zoning district shall not be less than such requirement for the abutting
property. Where a lot abuts more than one (1) other zoning district, the most restrictive
shall apply.
Intensity Of Use. Maximum lot coverage of the principal building(s) shall not exceed sixty-five
percent (65%) of the lot area.
Lot Area. The minimum lot area shall be two (2) acres, except lots established with day-care
centers and restaurants may be on a lot of not less than one and one-half (1.5) acres. Every
lot shall have a minimum lot width of two hundred (200) feet at the required building line.
Number Of Buildings Per Lot. More than one (1) principal building may located on a lot
provided all setbacks and parking requirements are met.
Building Regulations.
Building Height. The maximum building height shall be five (5) stories, not to exceed fifty (50)
feet in height.
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Building Design And Materials. Building design and materials shall be consistent with
permitted design and materials of the "IP-1" Industrial Park District.
Procedure For Establishment Of "PID" District. In order to establish a "PID" District to utilize land
in an established "PID" District, the procedure shall be as follows:
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 Board on forms prescribed for this purpose
by the Director. These forms are to be submitted to the Community Development Department
and accompanied by the following:
Filing fee per requirements of Section 420.030 (Procedures for a Change in Zoning);
Legal description of the property;
Outboundary plat of the property;
Preliminary site plan in compliance with Section 470.070.
Concept Plan identifying the general location of streets, utilities, and other proposed
infrastructure and the general location of the proposed uses of the District;
Description/list of proposed uses; and
Any additional information reasonably required by the Director to determine compliance
with the requirements herein.
When approving the change of zoning and Concept Plan, the Commission shall recommend
and the Board shall establish within the governing ordinance the permitted uses and uses
allowed by Special Use Permit for the proposed "BP-4" District, required infrastructure and
rules related to the same, open space requirements, required setbacks, landscape buffers,
building heights and materials, lot size and coverage requirements, density requirements, and
other conditions and requirements to meet the requirements of this Section. Upon request by
the petitioner, the Board may within the ordinance that rezones the petitioner's property "PID"
District approve for good cause shown alternative standards from the Subdivision Ordinance
relative to streets, sidewalks, and/or drainage, and such approved, alternative standards shall
be indicated on the plans. All other provisions and procedures for a change of zoning of
Section 420.030 (Procedures for a Change in Zoning) shall apply.
Site Development Plans.
After passage of the rezoning ordinance and approval of the Concept Plan by the Board
the developer shall proceed with submitting a Site Development Plan. A Site
Development Plan can either be presented for the entire "PID" District or the developer
can proceed to construct the District in phases and submit multiple Site Development
Plans. No building permits or authorization for improvement or development for any use
requested under provisions of this Section shall be issued prior to approval of such
Plans.
Site Development Plans Shall Be Submitted To The Director For Review. These plans
shall contain the minimum requirements established in the conditions of the ordinance
governing the "PID" District and, further, shall comply with applicable provisions of the
Subdivision Ordinance and other City ordinances. If the Director finds the Plan(s) to be in
substantial compliance with the zoning ordinance, the approved Concept Plan, and this
Section ("Applicable Authority"), the Director shall forward to the Commission for review
and recommendation. For purposes of this Section, "substantial compliance" shall mean
a level of compliance with the requirements of the Applicable Authority such that any
identified inconsistencies do not allow a lesser amount of performance on behalf of the
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(2)
(3)
c.
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5.
a.
b.
6.
Developer nor impose a greater burden or risk upon the City or its citizens than that of
the Applicable Authority. Specifically, the Director must determine that:
Development density and intensity have not materially changed such that density of
any use exceeds the permitted density of that use, or the permitted height of the
buildings;
Design has not materially changed, in that the roadway patterns, particularly ingress
egress points, are in the same general location as shown on the Concept Plan,
landscaped open space is in the same general location, is of the same or greater
amount, or the proposed changes do not have the effect of creating any non-
compliance or non-conformity with the strict application of the Zoning Code that were
not previously approved at public hearing, or of expanding the scope of existing
variances, alternative site development, options, or other approvals pursuant to
alternative development standards such that they would differ to a greater degree
from the strict application of the Zoning Code; and
Uses have not changed to include uses not approved by the Applicable Authority.
The Commission shall review the Site Development Plan for compliance with the
Applicable Authority and make a recommendation to the Board. The Board may approve,
approve with conditions, or deny the Site Development Plan in accordance with the
Applicable Authority. Within sixty (60) days of approval by the Board, the Site
Development Plan(s) shall be recorded with the St. Louis County Recorder of Deeds by
the developer at its cost and thereby authorize development as depicted thereon. Failure
to record such Plan within the required time frame shall result in the Site Development
Plan becoming null and void.
Guarantee Of Improvements. Unless otherwise provided for in the conditions of the ordinance
governing a "PID" District, no building permits or permits authorizing the occupancy or use of
any building, facility, commercial establishment or structure may be use or occupied 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
Director. 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, streetlights,
and street trees. If a "PID" District is developed in phases, the requirement shall also apply to
all major improvements necessary to the proper operation and function of the phase in
question, even though such improvements may be located outside of the phase in question.
To Amend The Rezoning Ordinance Or Concept Plan. Amendment to the Concept Plan or
conditions or terms of the rezoning ordinance shall proceed through the same procedure for
approval of the original Concept Plan and rezoning ordinance.
To Amend The Recorded Site Development Plan.
The property owner or authorized representative shall submit an amended Site
Development Plan to the Director for review. The Director shall then evaluate the request
for consistency in purpose and content with the nature of the approved Concept Plan,
rezoning ordinance, and original Site Development Plan.
If the Director determines that the proposed amendment to the Site Development Plan is
major in nature and is not in conflict with the approved Concept Plan and meets all
conditions of the "PID" District ordinance, said Plan shall be reviewed by the Commission
and forwarded to the Board for approval. If approved, said amended Plan shall be
recorded with the St. Louis County Recorder of Deeds by the developer at its cost within
sixty (60) days of review and report by the Commission and approval by the Board.
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d.
7.
a.
b.
c.
8.
9.
Failure to record within the prescribed timeline shall result in the approval of the
amendment being null and void.
If the Director determines that the proposed amendment to the Site Development Plan is
minor in nature and is not in conflict with the Concept Plan and meets all conditions of the
"PID" District ordinance, the Director may administratively approve such amendment.
Said amended Plan shall be retained on file by the Community Development Department
and shall be recorded with the St. Louis County Recorder of Deeds by the developer at
its cost within sixty (60) days of approval by the Director. Failure to record within the
prescribed timeline shall result in the approval of the amendment being null and void.
If the Director determines that the proposed amendment to the Site Development Plan is
not consistent in purpose and content of the rezoning ordinance or with the Concept Plan
approved by the Board, the Director shall so report to the applicant and the Commission.
The Commission shall then review the amended Site Development Plan and make a
recommendation to the Board for final determination.
Appeals. The petitioner/developer may appeal a decision by the Director. The petitioner shall
have a fifteen-day period in which to file a written appeal and plan with the Commission. The
written appeal, stating the reasons for the appeal, shall be submitted to the Department. The
Commission will make a final determination of the matter. No exceptions will be granted that
are in violation of the particular ordinance governing the "PID" District. Such final
determination by the Commission is subject to the appeal procedures of Chapter 160. To the
fullest extent permitted by law, such review procedures shall be exhausted before any action
may be filed in any court against the City or its officers, employees, boards, officials, or
commissions.
Failure To Commence Construction.
Unless otherwise determined by the Board in the rezoning ordinance, the Board shall
consider the "PID" District subject to revocation if substantial construction within the
"PID" District development fails to commence within one (1) year of filing of the Site
Development Plan or construction of the first (1st) phase or building site is not completed
within five (5) years from approval of the Site Development Plan. As used in this Section,
"substantial construction" shall mean final grading for roadways necessary for first (1st)
approved plat or phase of construction and commencement of installation of sanitary and
storm sewers. Any extension herein provided for shall be filed with the Director prior to
the expiration date for which the extension is being requested. The developer shall be
notified, in writing, at least sixty (60) days prior to any revocation hearing.
The Board may grant an extension for any phase or building site to commence
construction for not more than one (1) additional year. Any extension herein provided for
shall be filed with the Director prior to the expiration date for which the extension is being
requested.
In the event the Site Development Plan is not submitted or substantial construction has
not commenced within the prescribed time limits, the Site Development Plan and
Concept Plan shall terminate and the Commission shall within forty-five (45) days
recommend initiation of a new public hearing to revert the property to its prior
classification in accord with the proceedings specified in Section 420.040, Petitions for
Change, Filing Fee, Form and Contents. When a "PID" District has terminated by reason
of provisions of this Subsection, no building permit shall be issued on that property until a
public hearing has been held for the purpose of reinstating the "PID" District or reversion
of said property to its prior zoning classification and action taken thereon by the Board.
Unfinished Portions Of A Site Development Plan. Any ground in an unfinished phase of a Site
Development Plan in the "PID" District not completed within one (1) year from the date of Site
Development Plan approval by the Board shall be graded and seeded with a perennial grass
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[1]
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2.
3.
4.
5.
A.
B.
seed. Said undeveloped ground shall be maintained with appropriate mowing and trimming to
meet City standards, until it becomes an active construction site.
Editor's Note: Former Section 475.080, "PID" Planned Industrial Development District, was repealed 11-
19-2018 by Ord. No. 3876.
Chapter 476. Land Use Matrix
ATTACHMENTS
Attachment 1 - Table 1, Land Use Matrix
Section 476.010. Land Use Matrix.
Table 1, Land Use Matrix below[1] indicates the Permitted Uses (X) and Uses allowed by Special Use
Permit (S) within the Zoning Districts of the City.
Editor's Note: Table 1, Land Use Matrix, can be found as an attachment to this chapter.
Section 476.020. Prohibited Uses And Exceptions.
[Ord. No. 3890, 1-24-2019]
Prohibited Uses. The following uses are prohibited in any Zoning District of the City.
Facilities for animal slaughtering, tanning, meatpacking, or rendering;
Sulphur plants, rubber reclamation plants, or cement plants;
Steel or any other metal mills, foundry or smelters;
Any use which may be obnoxious or offensive by reason of emission of odor, dust, smoke, or
noise;
Any other use not specifically listed within a Zoning District on the Land Use Matrix. Uses not
listed have been determined either not to be appropriate in the District, incompatible with
certain existing uses, or sufficiently rare or unexpected as to be incapable of being listed at
the time of adoption of this Code.
Exceptions. Any use constituting a use that is required to be permitted by law, shall be authorized
to the extent only required by law to be permitted; and the use shall only be approved under a
Special Use Permit, except if by law it is required to be permitted by right.
Chapter 480. Subdivision Regulations
Editor's Note — Ordinance no. 3001 §1, adopted December 23, 2008, repealed title IV in its entirety.
See editor's note at beginning of title IV.
ATTACHMENTS
Attachment 1 - Chart 3 PI Factor in Cubic Feet per Second per Acre
Section 480.010. Subdivision Provisions — in General.
[Ord. No. 3001 §1, 12-23-2008]
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General. This intent of the subdivision provisions is to provide regulations and standards to guide
the subdivision of land within corporate limits of the City of Fenton. The purpose for the regulations
is to:
Promote the public health, safety, convenience and general welfare of the City;
Establishing accurate records of land subdivisions;
In general to facilitate the orderly coordinated, efficient and economic development of the City.
Exceptions. These regulations shall apply to any subdivision of land as defined herein located
within the City corporate limits. Although considered subdivisions, the following are exempt from
the provisions of this Section and may be approved by the City:
Combining existing lots where:
The total number of lots is not increased;
The resultant lots conform to all applicable regulations;
That combining lots does not require the establishment of any streets;
Cause any hardship toward future development according to this Code.
Dividing land into parcels of ten (10) acres or more where no new street or access easement
is created.
Civil Liability Of City. Nothing contained in or omitted from these regulations shall be construed as
a basis for imposing civil liability upon the City, its officers or employees. In addition, the City, its
officers and employees shall not be liable for any injury, damage, loss or death arising from or
related to any act performed pursuant to these regulations, including, but not limited to,
inspections, certifications, approvals and acceptances; the omission to perform any such act; or
the adherence to or failure to adhere to any standard or requirement set forth in these regulations.
No building or other structure shall be erected, constructed or reconstructed, enlarged, altered or
repaired in such manner as to prolong the life of the building, nor shall the uses of any land be
changed without first obtaining a permit issued by such officer or official, except that no permit
shall be required for ordinary repairs on conforming use structures. Such permits shall be issued
only when the request thereof is in conformity with the subdivision regulations; after the applicant
has secured a subdivision permit from the Fenton Board of Aldermen.
Section 480.020. Subdivision Procedures For Application and
Variances.
[Ord. No. 3001 §1, 12-23-2008]
General.
Application. The Commission must take action on a plat within sixty (60) days after
submission of a complete application. No action shall be taken on any subdivision preliminary
plat by the Commission without an informational hearing. If the Commission does not act
within the sixty (60) days after submission of a complete application, the plat is deemed
approved by the Commission.
Conditions for approval. The Commission or the Board of Aldermen may impose any
reasonable conditions on approval of the subdivision that it deems necessary as long as such
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(2)
(3)
(4)
(5)
(6)
a.
b.
c.
3.
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1.
2.
3.
4.
C.
D.
conditions are consistent with this Code. All conditions must be listed on the final plat and
meet prior to the signing of the final plat by the Chairman of the Commission.
Variances.
General. The Commission may grant a variance from these regulations when it finds that
strict compliance would impose excessive hardship and practical difficulty. Such a
variance shall not have the effect of nullifying the intent and purpose of these regulations
and shall be based upon evidence that:
Granting of the variance will not be detrimental to the public health, safety or welfare;
The request for the variance is based on particular conditions of size, shape or
topography of the property which are not generally applicable to other property;
Strict compliance would impose a particular hardship and not a mere inconvenience;
The variance will not violate the provisions of any other ordinance;
The request is not solely to alleviate a financial hardship;
The compliance hardship must be presented clearly by the petitioner; and the
responsibility to prove the hardship shall be that of the petitioner to the complete
understanding of the Commission.
Conditions. In granting a variance, the Commission may impose any conditions it deems
appropriate in compliance with this Code.
Procedures. A variance may be requested by submitting a completed application
including a full explanation of the grounds for the request. An informational hearing on
the request must be held, notice of which must be made in accordance with Section
480.060, Subsection (D)(2).
Appeals. Any party who is adversely affected by a decision of the Commission may appeal to the
Board by submitting a letter to the City within ten (10) days from the date of the decision. The
letter must clearly request such an appeal, state the relief sought by the appeal and list the
grounds on which the appeal is based. The Board may affirm, modify or reverse the decision of
the Commission.
Enforcement.
General. No lot which is to be created by a proposed subdivision may be conveyed until such
subdivision plat has been approved in accordance with these regulations, signed by
appropriate City Officials and recorded with the St. Louis County Department of Revenue,
Recorder of Deeds.
Subdivision by deed. The subdivision of land by deed shall not be permitted; such proposed
subdivision must conform to the provisions of these regulations.
Building permits. No building permit shall be issued for any structure to be built on a lot
subdivided or sold in violation of these regulations.
Enforcement officer. The Director or his designee shall be responsible for the enforcement of
the regulations.
Violations And Penalties. The owner or agent of the owner of any land who transfers, sells or
conveys such land by reference to, exhibition of or other use of a plat of such proposed
subdivision before such plat has been approved in accordance with these regulations and
recorded with the St. Louis County Department of Revenue, Recorder of Deeds shall be guilty of a
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A.
B.
1.
2.
C.
1.
2.
3.
4.
A.
misdemeanor and, upon conviction, punished as set out in Section 100.060 of this Code. Each
day that any violation of any provision of these regulations shall continue and shall constitute a
separate offense. The inclusion of a metes and bounds description in the instrument of transfer or
sale shall not exempt the transaction from these penalties. The City may enjoin or invalidate any
transaction or agreement involving the conveyance of any lot not approved in conformance with
these regulations.
Section 480.030. Inspection of Subdivisions During Construction,
Permits and Fees.
[Ord. No. 3001 §1, 12-23-2008]
Inspections. Periodical inspections by the Community Development Department shall be made of
the subdivision areas during the progress of construction. In the case of private streets in a
subdivision, the Director or his designee shall make his inspections as aforesaid as the official
representative of the City and shall promptly report all defects and substandard work or materials
to the Commission. A registered professional engineer shall prepare specifications on behalf of
the owner/developer for each subdivision and the improvements therein in accordance with the
requirements of the City of Fenton.
The explicit purpose for review and inspection fees are to reimburse the City of Fenton for costs
incurred during the review and inspection process. Deposits exceeding costs incurred by the
inspection process may be refunded to the developer with an itemized list of those incurred
expenses for which funds have been withheld.
Permits.
No construction shall commence without first obtaining a subdivision construction permit from
the Commission and without first giving forty-eight (48) hours' notice of the work proposed to
be done. The cost of such permit shall be one percent (1%) of the estimated cost of such
improvements, including paving, storm sewers and sanitary sewers and sewage disposal
plants, and such other improvements as may be provided or required; and if the persons
applying for such construction permits have paid the subdivision permit fees as above
required, the amount thereof shall be credited on the cost of the construction permit.
In addition to all fees provided for herein, the owner/developer of the subdivision shall pay for
and arrange for additional inspections as may be required by the Director and other
regulations of the City of Fenton.
Section 480.040. Minor Residential Subdivision Approval
Procedure.
[Ord. No. 3001 §1, 12-23-2008]
Criteria. The criteria for a minor residential subdivision shall be any residential subdivision
containing not more than four (4) lots fronting on an existing road and not:
Involving the creation of a new street or access easements;
The extension of municipal facilities;
The creation of any public improvements;
Adversely affecting the remainder of the parcel or adjoining property;
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5.
6.
B.
1.
2.
3.
4.
5.
A.
1.
2.
A.
1.
2.
3.
4.
5.
B.
In conflict with the Comprehensive Plan, Official Map, Zoning Ordinance or these regulations;
Requiring any variance.
The Director may waive without a variance request the requirements of submission of all other
plans except the final plat to be approved and recorded. However, the pertinent data required by
the Director shall be submitted for their review. Should the Director choose to not waive the
requirement or plans, Section 480.050 should be followed.
Section 480.050. Criteria For Major Subdivision Approval.
[Ord. No. 3001 §1, 12-23-2008]
Criteria. A major subdivision of any land, which is not classified as a "minor" subdivision, shall
meet any one (1) of the following criteria:
Having more than four (4) lots;
Involving the creation of a new street or road;
Involving the extension of municipal facilities;
Adversely affecting the remainder of the parcel or adjoining property; and
Conflicting with the Comprehensive Plan, Official Zoning Map, Zoning Ordinance or this
Code.
Section 480.060. Subdivision Required Plans and Plat Details.
[Ord. No. 3001 §1, 12-23-2008; Ord. No. 3104 §1, 2-25-2010; Ord. No. 3181 §1, 4-28-2011]
General Requirements.
Each plat must be prepared, signed and sealed by a registered professional engineer or
registered land surveyor licensed in the State of Missouri whose name, address and
telephone number shall appear on the plat. Sheets must not be larger than twenty-four by
thirty-six (24 x 36) inches and must be numbered sequentially.
The Fenton Board of Aldermen shall approve all subdivisions of land. Such proposed
subdivisions shall be first submitted to the Planning and Zoning Commission of the City of
Fenton for its recommendations. The Director and Zoning Code Enforcement Officer shall
enforce the provisions of the Zoning Code through issuance of building and occupancy
permits and field inspections to assure conformance with the provisions of the Zoning Code.
Sketch Plan.
The name, address and telephone number of the applicant and the property owner if different.
Names of owners of all property adjoining the subject tract.
The locator number, zoning, acreage, graphic scale (no less than one (1) inch equals two
hundred (200) feet), north arrow, location map (of adequate size) and date.
The name, address, seal and signature of the preparer of the plat.
Location and length of existing and proposed lot lines and the number of proposed lots.
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6.
7.
8.
9.
1.
2.
3.
C.
a.
b.
c.
d.
1.
a.
b.
(1)
c.
2.
D.
Existing and proposed streets, roads and easements within and adjacent to the subject
property including right-of-way widths.
Contours at five (5) foot intervals.
The location of all watercourses including lakes and ponds within two hundred (200) feet,
including the 100-year floodplain and the floodway where applicable.
The location of existing and proposed water lines, sanitary sewer lines and storm drainage
lines and structures.
Application Procedures.
Three (3) copies of the sketch plan must be submitted including the details and supporting
information listed in Section 480.060, Subsection (B) Sketch Plan.
The Director shall review the sketch plan and provide written comments to the applicant within
twenty (20) working days of submission of an acceptable application and supporting
information. If the applicant submits a revised plat in response to the comments, the review
process shall be repeated.
After the Director approves the sketch plan, he/she shall send the applicant a letter verifying
such approval. The letter must be issued prior to submission of a preliminary plat.
Preliminary Plat Requirements.
Application procedures.
An application shall be submitted on the approved forms provided by the City.
The application fee shall be in accordance with the fee schedule in Addendum A.
Copies of the proposed plat in the quantities required shall be submitted including the
details and supporting information listed in Section 480.060, Subsection (E).
Revised plats shall be submitted by the deadline established by the Planning and Zoning
Commission.
Public hearing.
The Planning and Zoning Commission shall hold an informational hearing on the plats.
The applicant shall be notified of the time and place of the hearing by a letter sent no
fewer than five (5) days before the scheduled date.
Fifteen (15) days' notice of the time and place of the hearing shall be published in at least
one (1) newspaper having general circulation within the municipality. In addition, the City
will be responsible for notifying all owners of property within three hundred (300) feet of
the subject property by mail of the application and hearing date. Said notice shall be
postmarked at least five (5) days prior to the scheduled public hearing. In the event the
petitioner seeks more than one (1) continuance of any published or notified hearing, the
petitioner shall be responsible for reimbursement of any re-publication and/or mailing
notification costs prior to any action by the Planning and Zoning Commission.
In addition to the above, the Director shall cause a sign or signs, not less than two (2)
feet high by three (3) feet wide, to be placed on all parcels of land on which an
application for a subdivision has been filed with the Planning and Zoning Commission.
Sign or signs shall be placed on such parcels of land at a point nearest to the right-
of-way of any street or roadway abutting such parcel and so as to be clearly visible
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(2)
(3)
(4)
d.
a.
b.
(1)
(2)
(3)
(4)
(5)
(6)
c.
3.
to the traveled portion of such street or roadway. The Director shall determine the
number of additional signs to be placed that may be necessary to carry out the intent
of this Code.
All signs shall have letters not less than two and one-half (2 1/2) inches in height and
not less than three-eighths (3/8) inch in width with the following: "PUBLIC
HEARING."
[Ord. No. 3410 §4, 4-24-2014]
The Director may provide for such additional information to be placed on any such
sign which would serve to fully inform the public as to the nature of subdivision
pending before the Planning and Zoning Commission.
Any person or persons, firm, association or corporation who shall remove, mar,
scratch, obliterate or in any manner deface, hide from view or tamper with any such
sign or signs shall be deemed guilty of a misdemeanor and, upon conviction, shall
be punished as set out in Section 100.060 of this Code.
The Director shall write a recommendation to the Planning and Zoning Commission
based upon the review of the preliminary plans. The Planning and Zoning Commission
shall report to the Board of Aldermen its decision including any conditions of approval or
reasons for denial. The Board of Aldermen may uphold or reverse the decision of the
Planning and Zoning Commission. The applicant shall provide copies of approved
preliminary plats as requested by the Director incorporating any required changes so that
they may be signed by the Chairman; one (1) copy shall be returned to the petitioner.
Such plats shall state that the approval is not final and that the plat is not to be recorded.
The Chairman shall include the expiration date on the plat.
Effect of approval.
Preliminary approval shall be effective for one (1) year during which time the plat shall
not be affected by any changes in these regulations or the zoning ordinance. If final
approval has not been obtained during this period, preliminary approval shall again be
required, subject to any new ordinance or physical change in the development area.
Preliminary approval does not constitute acceptance of roads or other land or facilities to
be dedicated.
Construction of improvements may begin in accordance with the preliminary plat subject
to the following:
If the owner/developer desires to build any display homes prior to approval of the
final plat, the location and the number of units must be shown on the preliminary
plat.
No site improvement other than construction of display homes may occur prior to the
final approval of the improvement plans.
Any minor changes required during the course of construction shall be reviewed by
the Director. All substantial changes that effect lot configuration must be submitted
and approved by the Commission.
All improvements shall be subject to the inspection and final approval of the Director.
The City shall be notified in writing five (5) days before any construction begins.
The Director shall be notified forty-eight (48) hours prior to any type of blasting,
provided all permits for handling of an explosive agent is reviewed and/or approved
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4.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
E.
by the City and the State Fire Marshal.
Revocation of approval. The approval of a preliminary plat or extension thereof may be
revoked after a public hearing by the Planning and Zoning Commission if there has been a
major change in conditions involving the subdivision which would adversely affect the public
health, safety or welfare or if the improvements approved are not built in accordance with
plans. The applicant shall be notified of the time and place of the hearing by registered or
certified mail sent not fewer than five (5) days before the scheduled date.
Preliminary Plat. A plat at a scale of one (1) inch equals fifty (50) feet submitted for preliminary
approval shall include the same details required for sketch plans in addition to the following:
The name of the subdivision if within an existing subdivision.
The proposed name of the subdivision if not within a previously platted subdivision. The
proposed name of any new subdivision shall not duplicate or closely approximate phonetically
the name of any other subdivision within the City of Fenton.
The tract name if no subdivision name has been chosen.
A key map on the first (1st) sheet if the entire subdivision will not fit on one (1) sheet and
match lines to facilitate the matching of separate sheets.
Municipal, County and school district boundaries within two hundred (200) feet.
If the applicant is not the owner, a statement consenting to the subdivision signed by the
owner.
The location, size and purpose of any existing or proposed easement, right-of-way or land
reserved or dedicated to public use.
The names, locations and widths of all existing or platted streets or other public ways within
and immediately adjacent to the tract.
Existing covenants or restrictions.
The names of owners of adjoining property.
Tract boundary lines and lot lines with accurate dimensions, bearing or deflection angles, radii
arcs and central angles of all curves.
The number of proposed lots shown on each sheet and the dwelling unit density and all
applicable setback lines.
The use of any lot to be used for other than residential purposes.
Location and name of proposed streets. The maximum grade of all streets shall be shown on
the drawings or verified on a written form.
Existing and proposed location of all storm and sanitary sewers within and immediately
adjacent to the site.
Proposals for connection to an adequate public water supply and sanitary sewer systems or
other means of providing water and sewage disposal.
Proposals for collecting and discharging surface water drainage including location of all
detention facilities.
The number, size and type of trees to be planted in the subdivision.
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19.
1.
2.
3.
4.
5.
F.
a.
b.
1.
a.
b.
c.
d.
(1)
(2)
e.
2.
G.
All existing buildings within one hundred (100) feet of the property.
Improvement Plans. Construction plans at a scale of one (1) inch equals fifty (50) feet on sheets
the same size as the plat with the following information:
Profiles of centerline elevations of existing and proposed roads; approximate radii of all
curves, lengths of tangents and central angles of all streets;
Plans and profiles showing the locations and typical cross sections of street pavements
including curbs and gutters, sidewalks, drainage easements, rights-of-way, fire hydrants,
manholes and catch basins; the location, size and invert elevations of existing and proposed
stormwater drains and sanitary sewers including connections to existing or proposed
systems; and the location and size of water lines, gas lines or other underground utilities,
detention basin location, size and hydraulic calculations and site distance calculations for all
entrance and exit roads; and
A site grading, explosive removal and erosion control plan.
The above improvement plan shall be accompanied by appropriate hydraulic cut and fill
calculations, soil report including depth of rock.
A soil report will be issued addressing soil conditions at the site and corrective measures to
be implemented for development and roadway construction.
Final Plat.
Purpose. The final plat is to provide a final record of the subdivision and related
improvements including all of the information on the approved preliminary plat such as
streets, water lines and sanitary and storm sewers and incorporation of any subsequent
changes approved by the City. Final plat approval may only be requested after either:
All improvements have been completed, or
A performance guarantee for any uncompleted improvements has been posted in
conformance with the requirements set forth in Section 435.010.
Application procedures.
An application shall be submitted on the forms provided by the City by the deadline
established by the Planning and Zoning Commission.
Any fee established in this Code must be paid.
Copies of the final plat conforming to the requirements of the preliminary plat shall be
submitted in the quantities previously required. All minor changes, approved in writing by
the Director, must be reported to the Planning and Zoning Commission. If the Director
determines that the changes are substantive, the revised preliminary plans must be
returned to the Planning and Zoning Commission for review and approval.
Final detailed plans and specifications shall be provided.
The following certifications shall be required:
Statement from the City stating that all roads and other improvements have been
properly installed and constructed in accordance to the approved plan;
Statement from the St. Louis Metropolitan Sewer District stating that sewage
disposal and stormwater systems have been properly installed; and
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(3)
1.
2.
3.
4.
5.
6.
7.
8.
a.
b.
c.
d.
e.
9.
H.
Statement from the Secretary of the Planning and Zoning Commission stating that
an adequate performance escrow according to this Code has been provided to
ensure the completion of all uncompleted roads and other improvements.
Final Plat Requirements.
The final plat shall conform to the preliminary plat.
The Board of Aldermen shall have approval authority over final plats. If approved by the
Board of Aldermen, the City will issue a letter to that effect. A notification of denial shall
include an explanation of the reasons therefore or of additional information or changes
required.
If no action is taken within sixty (60) days, the Board of Aldermen shall notify the applicant in
writing the reason for the extended time to review such application.
Once final approval is granted, the applicant shall submit one (1) copy of the approved plat
drawn in permanent black ink on mylar to the Community Development Department in
addition to the three (3) paper copies requested. The plats shall be signed by the Chairman of
the Planning and Zoning Commission. However, no plats shall be signed until all conditions of
approval have been met. One (1) paper copy of the signed plat shall be returned to the
applicant. The Planning and Zoning Commission shall maintain one (1) paper copy and
associated documents on file. The mylar copy shall be filed with the City.
The applicant shall be responsible for recording the final plat with the St. Louis County D.R.,
R.D., within sixty (60) days after the signing of the plat and return a mylar along with two (2)
paper copies of the recorded plat to the City. If any recorded plat is not filed within this period,
the approval shall expire.
The recording of the final plat will permit only the conveyance of the approved lots. No
building permit or certificate of occupancy shall be issued except in accordance with the
provisions of Chapter 430.
The final plat shall be prepared by a registered engineer or land surveyor at scale of one (1)
inch equals fifty (50) feet in any increments of ten (10) feet from an accurate survey on one
(1) or more sheets whose maximum dimensions are thirty-six (36) by forty-two (42) inches. In
certain unusual instances where the subdivided area is of unusual size or shape, the Planning
Department may permit a variation in the scale or size of the final plat. If more than one (1)
sheet is required, a key map on sheet No. 1 showing the entire subdivision at reduced scale
shall be provided.
The final plat shall be executed by the owner and lien holder.
The final plat shall show and be accompanied by the following information:
North arrow and graphic scale.
The boundary lines within the outboundary lines of the subdivision with accurate
distances and bearings; also all section, U.S. Survey and congressional township and
range lines; and the boundary lines of municipalities, sewer and school districts and other
legally established districts within and the name of or description of any of the same
adjacent to or abutting on the subdivision.
The lines of all proposed streets and alleys with their widths and names.
An accurate delineation of any property offered for dedication to public use.
The angle of intersection of streets.
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f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
a.
b.
10.
The boundary lines of all adjoining lands and the right-of-way lines of adjacent streets
and alleys with their widths and names.
All lot lines and an identification system for all lots and blocks.
Building lines, including minimum side and rear setbacks on a typical lot and easements
or rights-of-way provided for public or private use, services or utilities, with figures
showing their dimensions and listing types of uses that are being provided.
All dimensions and bearings, both linear and angular, radii and arcs, necessary for
locating the boundaries of the subdivision, blocks, lots streets, alleys, easements,
building lines and of any other areas for public or private use. The linear dimensions are
to be expressed in feet and decimals of a foot.
All survey monuments, together with the descriptions.
Area in square feet for each lot or parcel on the plat or a supplemental sheet showing
same.
Name of subdivision and description of property subdivided, showing its location and
area.
Certification by a land surveyor who performs the property survey to the effect that the
plat represents a survey made by him, and that the locations of all required survey
monuments, installed or to be installed, are correctly shown thereon. The month and year
during which the survey was made shall also be shown.
Private restrictions and trusteeships where required by the City and their periods of
existence. Should such restrictions and trusteeships be of such length as to make the
lettering of same on plat impracticable and thus necessitate the preparation of a separate
instrument, reference to such instrument shall be made on the plat.
The subdivision name approved on the final plat shall constitute the subdivision's official
name. When a subdivision name has been changed, all subsequent plats submitted for
processing shall reference the original name, which should include names recorded on
site development concept and section plans. Any other name used for advertising or
sales purposes does not constitute an official revised name unless approved on a plat of
record approved by the Board.
If the developer places restrictions on any land contained in the subdivision that is
greater than those required by the zoning ordinance or this Chapter, such restrictions
references thereto should be indicated on the plat.
Zoning district and zoning district boundary line when property is located in more than
one (1) district.
Accurately note elevation referring to mean U.S.G.S. datum for permanent bench mark.
All remaining common ground is to be platted with the recording of the final lot, unit or
phase of the development.
Prior to forwarding the final plat to the Board, the developer shall provide the Director with the
following documents as they may be applicable:
Guarantee of installation of water mains from Missouri American Water Company.
Street lighting contract from AmerenUE. Submittal of contract is optional and is to be
accepted in lieu of an increased value for escrow of actual construction costs.
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c.
d.
e.
f.
g.
h.
1.
2.
3.
4.
5.
a.
6.
A.
Verification of street names and addresses from St. Louis County Department of
Revenue, Revenue Technical Services Mapping Division.
Verification of location of fire hydrants and adequacy of water supply from applicable fire
district.
Tax certificate or copy of paid tax bill from the office of the St. Louis County Collector of
Revenue.
Any special study or engineering calculations required.
Letter from M.S.D. certifying connection fees have been paid.
Documentation from Corps of Engineers and/or other local, State or Federal agencies
indicating all applicable permits have been obtained and notice submitted.
Section 480.070. Subdivision Improvements, Reservations and
Design Standards.
[Ord. No. 3001 §1, 12-23-2008; Ord. No. 3077 §1, 10-22-2009]
General. In the design of each subdivision, or portion thereof, the subdivider shall conform to the
principles and standards of land subdivision that will encourage good development patterns as set
out in this Code.
Plats overlapping municipal boundaries. If a plat overlaps municipal boundaries or extends
outside the corporate limits, the Planning and Zoning Commission shall coordinate its review
with that of the other jurisdiction. If access to the subdivision will be through another
jurisdiction, the Planning and Zoning Commission must obtain confirmation from that
jurisdiction that the access road to be used is public and is adequately improved or that a
performance bond, escrow or other surety has been provided to assure the construction of
the access road. Lot lines shall not overlap municipal boundaries.
Land unsuitable for development. Land not suited for development due to topographic or
geologic features which will pose a threat to the health, safety or welfare of present or future
residents shall not be subdivided unless adequate methods approved by the City's Engineer
are found to eliminate the threat.
Soil protection. Topsoil should be preserved within each subdivision where possible.
Debris and waste. No timber, limbs, debris, rocks, stones, junk, rubbish or other waste
materials of any kind shall be buried. Before a certificate of occupancy can be issued for a lot,
all such materials must be removed from it and all adjacent lots. No such materials shall be
left in any area of the subdivision at the time of expiration of the performance guarantee or
dedication of the public improvements, whichever is sooner.
Fencing. Fencing is required for all hazardous conditions. Such fencing must be approved by
the Director and/or the Fenton Fire Department. No certificate of occupancy shall be issued
until the fencing has been installed and approved
Waterbodies, floodplains and watercourses.
If a tract being subdivided contains a lake/reservoir or portion thereof, the
owner/developer shall submit a letter signed and sealed by a professional registered
engineer that the lake/reservoir is safe and meets all rules and regulations of the Missouri
Dam and Reservoir Safety and any other regulations governed by the Missouri
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b.
c.
d.
e.
f.
a.
b.
c.
d.
e.
f.
g.
h.
7.
a.
b.
8.
Department of Natural Resources. If such regulations do not govern dam safety
guidelines as issued by the Corps of Engineers shall be followed.
An association of property owners with the lake frontage must be created in conformity
with State law to be responsible for maintenance of the lake and dam.
A drainage easement must be provided for any watercourse, stream channel or other
drainageway; the easement must be wide enough to allow natural drainage,
improvements to the channel or the installation of a storm sewer.
Any change in an existing drainageway must be approved by the Director.
In non-residential subdivisions, no more than ten percent (10%) of lots between ten
thousand (10,000) and twenty thousand (20,000) square feet and twenty-five percent
(25%) of lots greater than or equal to twenty thousand (20,000) square feet shall be
located within the 100-year floodplain area. No part of any residential lots shall be located
in the 100-year floodplain area. All low sill and base flood elevations shall be constructed
at a minimum of two (2) feet above the 100-year floodplain.
The internal drainage system for the proposed subdivision shall not discharge water onto
public or private land outside the proposed subdivision, except via natural or publicly
dedicated drainage courses.
Easements.
A recorded easement shall be provided for each utility line and natural drainageway
which does not fall within a dedicated right-of-way. All existing and proposed easements
shall be shown on all plats. A clause shall be included in the deed of each affected lot
reserving the easement.
The width of a utility easement shall be specified by the Director but in no case shall be
less than a total of ten (10) feet. Said easement may include area on both sides of the
adjoining properties.
The width of an easement for a stream or drainageway shall be specified by the Director.
Where possible, easements shall be centered on or adjacent to rear or side lot lines.
Where an easement is located on the side, front or interior of a lot, the Director may
require an increase in the depth or width or such lot to allow for the easement.
All easements must have satisfactory access to an approved street.
Easements for cable TV installation shall be located at the rear setback of the lot or on
the existing utility easements. The Director may approve other locations because of the
grade or any other problem.
Minimum of fifteen (15) feet wide access easement shall be provided from the public or
private road to the common grounds. This access easement shall not be included as part
of any lot.
Survey monumentation.
A permanent bench mark shall be accessibly placed or established, the evaluation of
which shall be referred to mean sea level and accurately noted on the record subdivision
plat.
Prior to recording a new subdivision plat, the surveyor shall establish semi-permanent or
confirm existing monuments at each and every exterior corner on the boundaries of the
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c.
d.
e.
f.
(1)
(2)
(3)
(4)
g.
(1)
(2)
h.
tract of land being subdivided.
The surveyor shall establish at least two (2) permanent monuments for each block
granted. This requirement is waived when the survey does not create more than four (4)
lots or parcels and new public or private streets, roads or access easements.
The permanent monuments required in this Subsection shall be set prior to the recording
of the plat if they will not normally be moved or destroyed by construction within six (6)
monuments will be moved or destroyed by construction, they must be installed upon
completion of the construction but in any event within twelve (12) months after the plat
has been recorded. The plat shall show all monuments to be set and note when they will
be set.
The surveyor shall within twelve (12) months after recording the plat monument all lot
corners in the subdivision with semi-permanent monuments. The front lot corners may be
monumented by notches or cross cut in concrete paving on the prolongation of the lot
line.
General requirement for permanent and semi-permanent monument. The surveyor shall
select a type of monument providing a degree of permanency consistent with that of the
adjacent terrain and physical features and as required by theses standards. All
monuments shall be solid and free from movement. They shall be set in the ground at
least to the depth of the minimum length given unless they are encased in concrete. With
the exception of drill holes and cut crosses, the precise position of the corner shall be
marked by a pit on a cap and the cap shall be inscribed with the registration number of
the land surveyor in responsible charge or the corporate registration number or name of
the company.
Permanent monuments shall be selected from the following:
Concrete monuments consisting of reinforced concrete at least four (4) inches
square or in diameter and no less than twenty-four (24) inches in length with its
precise position marked by a point on a brass or aluminum cap not less than one
and one-half (1½) inches in diameter;
Commercial cast-iron or aluminum survey markers no less than twenty-four (24)
inches in length. Non-ferrous markers shall have ceramic magnets attached to aid in
recovery;
Steel, coated steel or aluminum rod markers not less than five-eighths (5/8) inch in
diameter iron pipe markers not less than three-quarter (¾) inch inside diameter and
not less than twenty-four (24) inches in length. These monuments shall have a
permanently attached cap of the same metal or of a dissimilar metal if the metals are
insulated with a plastic insert to reduce corrosion. Non-ferrous rod markers shall
have ceramic magnets attached to aid in recovery;
Brass or aluminum disk not less than two (2) inches in diameter, countersunk and
well cemented in a drill hole in either solid rock or concrete. Ceramic magnets shall
be attached or installed with the disk to aid in recovery.
Semi-permanent monuments shall be selected from the following:
Iron pipe markers not less than three-fourths (¾) inch outside diameter at least
eighteen (18) inches in length and having a plastic or metal cap;
Steel or aluminum rod markers not less than one-half (½) inch in diameter and not
less than eighteen (18) inches in length and having a plastic or aluminum cap;
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(3)
(4)
i.
j.
9.
10.
11.
a.
b.
c.
d.
1.
a.
2.
B.
In urban built-up areas, a cross cut in concrete, brick or stone paving at the precise
position of the corner or on a prolongation of a boundary line; and
In asphalt paving, railroad (R.R.) spikes and other metal devices that are solid and
not easily removed or destroyed. P.K. nails and concrete nails are not to be used as
semi-permanent monuments.
Existing survey monuments. Existing monuments shall be evaluated for permanency by
the surveyor. In no instance shall the surveyor be required by these standards to remove
existing monuments unless the installation of a new monument is necessary to preserve
the position of the corner.
When it is impractical to set a required monument, a witness monument shall be set. It
should be placed five (5) feet or more away from the point and preferably at an even foot.
Witness monuments less than five (5) feet from the point must be clearly identified and
shown on the plat. The location of the witness monument should be along a line of the
survey or a prolongation of such line.
Non-residential subdivisions. In addition to conforming with the other applicable provisions of
these regulations, a non-residential subdivision must be adapted to the specific use permitted
in that zoning district. Street layout and construction as well as utilities must be adequate. A
minimum of twenty (20) feet wide buffer yard shall be provided between non-residential and
residential subdivisions. The property owner shall maintain the buffer yard planting
requirements and replace as necessary to maintain the required plants. Special attention
must be given to protecting adjacent residential uses from proposed commercial/industrial
development through appropriate design.
Restoration of roads disturbed by utility installation. When a roadway is disturbed by the
installation of water or sewer lines or other utilities, the subdivider must restore the roadway to
City standards.
Retaining walls. Retaining walls proposed for any type of improvements within the City of
Fenton that are over four (4) feet in height from the finish (either existing or proposed) grade
shall be reviewed by the City Administrator or the City Engineer.
Lot Improvements.
Arrangement.
Lots must be arranged so that they will be buildable, satisfy all requirements of the
zoning ordinance and meet all health regulations.
Side lot lines shall be approximately at right angles to straight street lines or radial to
curved lines unless a variation would result in a more appropriate street layout or lot
arrangement.
Double-frontage and reverse-frontage lots shall be avoided except where required to
separate residential development from major highways or railroads or to overcome
problems with topography or orientation. Where permitted, such lots shall have an extra
thirty (30) feet of lot depth including a buffer at least ten (10) feet wide heavily
landscaped with evergreen plant material at least six (6) feet height.
Blocks shall be deep enough to allow two (2) tiers of lots except where major streets,
railroads or topography prevent such an arrangement.
Dimensions.
The lot size and shape shall be appropriate for the type of use anticipated.
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b.
c.
d.
3.
a.
b.
1.
a.
b.
c.
d.
e.
2.
C.
a.
b.
c.
1.
D.
Lot dimensions shall comply with the minimum standards of the zoning ordinance.
Where lots are large enough for possible resubdivision, or where a portion of a tract is
not subdivided, the layout must allow such resubdivision and permit the opening of
streets where they would be required.
Flag lots are prohibited, provided flag lots in existence before November 20, 2017, are
permitted but shall not be further subdivided.
[Ord. No. 3753 § 3, 11-20-2017]
Access to a public road. Private streets shall only be authorized by a special use permit.
Otherwise, each lot shall front on an approved public street. However, wherever possible, no
residential lot shall have its primary frontage on or direct access to an arterial road.
Water.
General requirements.
Where a public water main is no more than one thousand (1,000) feet from the boundary
of the subdivision, the subdivider shall connect with such main and provide water for
domestic use and fire protection.
The location of all water supply improvements and fire hydrants shall be shown on the
preliminary plat.
Design standards.
The water distribution system shall be designed and constructed in conformity with the
standards and specifications of the Missouri American Water Company and fire
protection district.
Water lines should be looped wherever possible.
The system shall provide an adequate supply of water for domestic use and fire
protection with sufficient pressure at all times to meet minimum standards for fire
protection.
A water connection shall be provided for each lot.
Fire hydrants shall be required for all subdivisions. Locations of hydrants shall be
approved by the Fenton Fire Protection District.
Sanitary Sewer.
General requirements.
All sanitary sewer facilities discussed in this Subsection shall be approved by and
installed in accordance with the rules, regulations and standards of the Metropolitan St.
Louis Sewer District, County Health Officials and the State Department of Health and
Environmental Control. The owner/developer shall provide conceptual approval from
M.S.D. with submittal of the preliminary plat.
Where a public sanitary sewer is reasonably accessible to the proposed subdivision, the
subdivider shall be responsible for connecting to the sewer and providing a connection
for each lot.
Where public sanitary sewer is not reasonably accessible to the proposed subdivision,
but plans for such a sewer have been prepared, one (1) of the following must be done:
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(1)
(2)
d.
(1)
(2)
(3)
a.
(1)
(2)
b.
2.
3.
a.
b.
1.
E.
A central sewage system may be installed with the maintenance thereof the
responsibility of the applicant or the subdivision trustees as determined by the
Board. Lines, laterals and mains shall be installed in conformity with the proposed
public system to the subdivision boundary where the connection to such system will
be made.
Individual disposal systems may be installed provided that lines, laterals and mains
shall be installed in conformity with the proposed public system to the subdivision
boundary where the connection to such system will be made. In addition, lines shall
be installed for each lot and connected to the systems. All such systems shall be
capped.
Where no plans have been prepared for public sanitary sewers reasonably accessible to
the proposed subdivision, an individual disposal system may be used as long as it is
approved in accordance with paragraph (1)(a) of this Subsection but in no case on a lot
of less than one (1) acre.
Design standards.
General.
Sanitary sewers shall be located within an easement designated for such a purpose.
A sanitary sewer easement shall not be located within a public street right-of-way
except as authorized by the Director.
All sewers shall be laid with straight alignment between manholes except as
permitted by the City's Engineer.
Manholes shall be installed as required by M.S.D. and the Director.
Relationship to water supply.
There shall be no connection between a sanitary sewer system and a storm sewer
system.
No system shall be permitted which allows the passage of sewage or polluted water
into a potable water supply. Sewers shall be separated from water supply wells or
other water supply sources and structures.
Reimbursement for off-site improvement. Where the increased flow in the sanitary sewer
system generated by the subdivision would exceed the capacity of the existing system, the
developer shall post a cash escrow to cover the cost of the improvements required to
increase the capacity. Such escrow shall be determined by the Director and posted prior to
final plat approval. Building permits for the subdivision may be issued once the off-site
improvements to the sanitary sewer system have been completed by the owner/developer.
Drainage And Storm Sewers.
General requirements.
Open drainage ditches shall not be permitted except in undisturbed common ground.
Storm sewers shall be required except for swales collection system approved by the
Director.
Lots shall be laid out so as to provide positive drainage away from all buildings. Individual
lot drainage shall be coordinated with the drainage pattern for the area and designed so
that runoff from one lot onto another is minimized.
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c.
d.
a.
(1)
(2)
b.
(1)
(2)
(3)
c.
d.
(1)
(2)
(a)
(b)
(c)
(3)
e.
2.
Provision shall be made to handle any spring or surface water that exists prior to or will
result from the development of the subdivision.
The subdivision trustees will be responsible for detention or retention ponds.
Design standards.
All storm sewers shall be designed and constructed in conformity with the standards and
specification of the Metropolitan St. Louis Sewer District (M.S.D.).
When required.
The requirement of stormwater detention shall be evaluated for all projects by City of
Fenton, Missouri, for review and approval and may be required, if deemed
necessary. Detention facilities shall be provided and designed in accordance with the
requirements of this Section.
Projects which have a differential runoff of two (2) cfs or greater shall have detention.
If there are known stormwater problems or special conditions downstream from a
project, detention will be required.
Design considerations.
The rates (pre-developed and post-developed) of runoff are determined by the
Rational Method for the 2-, 5-, 10- and 25-year frequencies, with twenty (20) minute
rainfall intensity.
Stormwater shall be detained on site or off site as approved and released at the rate
of an existing pre-developed site for the 2-, 5-, 10- and 25-year events to prevent
possible flooding and erosion downstream. The allowable release rate may be
reduced due to downstream conditions. Note that stormwater pipes, downstream
from the control structure, shall be sized to carry the total tributary upstream
watershed. No reduction in outfall pipe size shall be permitted because of detention.
The volume of detention may be provided through permanent detention facilities
such as dry basins or ponds, permanent ponds or lakes, underground storage
facilities or in parking lots.
Detention basin volume will be based on routing each pre-developed runoff hydrography
through the detention facility while satisfying the appropriate allowable release rate. The
routing computations shall be based on application of the continuity principle.
Design of underground basins.
Adequate access for basin maintenance and inspection shall be provided. A means
of visual inspection from the ground surface of the low flow device, overflow weir and
outlet structure is necessary. Access shall also be provided to allow for cleaning of
the low flow device from the ground surface.
The basin should have sufficient volume and spillway capacity to pass/contain the
100-year event with the low flow outlet blocked.
The engineer must submit the following for review of a detention facility:
Elevation vs. discharge tables or curves for all frequencies.
Elevation vs. storage tables or curves for all frequencies.
Inflow calculations and data for all frequencies.
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(d)
(e)
(f)
(g)
(h)
(i)
(j)
(4)
(5)
(6)
(7)
(8)
(1)
(2)
(3)
f.
(1)
(2)
g.
Hydraulic gradeline computations for pipes entering and leaving the basin for all
frequencies.
If the embankment contains fill material, a geotechnical report may be required.
Site plan showing appropriate design information.
Structural calculations for the outlet control structures (if required).
All ends of pipes discharging into a dry basin or pond shall be connected with
the low flow pipe or control structure by means of a paved swale. The paved
swale shall be non-reinforced concrete, six (6) inches thick, with a two percent
(2%) slope to the center and a minimum one-half percent (0.5%) longitudinal
slope. Paved swales shall be a minimum of four (4) feet wide or one and three-
tenths (1.3) times the diameter of the pipe entering the basin, whichever is
greater, and be keyed to structure or channel.
Railroad tie walls cannot be used where water will be in contact with the railroad
tie wall.
Permanent detention ponds or lakes are to be designed to minimize fluctuating
lake levels. Maximum fluctuation from the permanent pool elevation to the
maximum ponding elevation shall be three (3) feet.
The maximum side slopes for dry basins or ponds and the fluctuating area of
permanent ponds or lakes shall be 3:1 (three (3) feet horizontal, one (1) foot
vertical).
Dry basins or ponds and the fluctuating areas of permanent ponds or lakes are to be
sodded and kept mowed.
Control structures and overflow structures are to be reinforced concrete.
The outflow pipe shall be sized for the developed flow rate.
In basins with concrete walls or rip rap covered slopes, the bottoms should be paved
or provisions made for moving equipment to reach the bottom (ramps, etc.).
Maximum depths.
The maximum depth of water in a dry detention basin or pond shall not exceed four
(4) feet except by special permission.
Parking lots used for automobiles shall have a maximum depth of eight (8) inches of
water.
Parking lots used for trucks or truck trailers shall have a maximum depth of water of
twelve (12) inches.
Limits of maximum ponding.
The limits of maximum ponding elevation shall be calculated based on a routing of
the design storm assuming the low flow outlet is blocked with water ponded to the
overflow structures sill.
The limits of maximum ponding elevation in dry basins or ponds and permanent
lakes or ponds shall not be closer than thirty (30) feet horizontally to any building and
not less than two (2) feet vertically below the lowest sill elevation of any building.
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(3)
(4)
h.
i.
j.
k.
The limits of maximum ponding elevation in parking lots shall not be closer than ten
(10) feet horizontally from any building and not less than two (2) feet vertically below
the lowest sill elevation of any building.
A minimum of two (2) feet of freeboard shall be provided from top of basins to the
maximum ponding elevation.
Easement required. In subdivisions, the detention basin, access roads or paths, control
structures and outfall pipes are to be located in easements dedicated to the subdivision
trustees.
Maintenance agreement. The owner(s) of the project shall execute all City of Fenton,
Missouri, maintenance agreement for the detention basin or pond to ensure the detention
area will be kept in working order, prior to plan approval. City of Fenton, Missouri, will not
be responsible for maintenance of detention basins.
Detention basin fencing. A four (4) foot (minimum height) approved fence shall be
provided around the perimeter of a basin where the design depth of storage water will
exceed four (4) feet.
Detention basin elevation. The low elevation of the detention basin shall be above the 25-
year, 20-minute hydraulic elevation of the receiving channel or pipe system.
CHART 1
Rainfall Report
Rainfall Type: Eastern/Central Rainfall
Rainfall Filename: Fenton.Rnd
Precipitation
2 yr/5 min =0.45 in
2 yr/15 min =0.90 in
2 yr/60 min =1.58 in
100 yr/5 min =0.83 in
100 yr/15 min =1.75 in
100 yr/60 min =3.25 in
Intermediate Intensities (in/hr)
5 min 15 min 30 min 60 min 6 hr 24 hr
2 yr 5.40 3.60 2.47 1.58 0.41 0.14
5 yr 6.43 4.37 3.04 1.97 0.53 0.18
10 yr 7.18 4.93 3.45 2.24 0.62 0.21
25 yr 8.29 5.74 4.05 2.64 0.71 0.24
50 yr 9.16 6.37 4.51 2.94 0.82 0.28
100 yr 10.02 7.00 4.97 3.25 0.87 0.30
BDE Values: Intensity = B/ (time_conc + D)^E
B D E
2 yr 46.93 10.00 0.80
5 yr 56.42 10.75 0.79
10 yr 66.60 11.50 0.79
25 yr 80.49 12.25 0.80
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BDE Values: Intensity = B/ (time_conc + D)^E
B D E
50 yr 87.63 12.25 0.79
100 yr 93.96 12.25 0.79
CHART 2
P FACTOR FOR RUNOFF
% IMPERVIOUS DURATION OF RAIN IN MINUTES
15 20 30 60 90 120
0 0.3 0.35 0.41 0.51 0.56 0.6
5 0.32 0.37 0.43 0.53 0.58 0.62
10 0.34 0.39 0.46 0.56 0.60 0.64
15 0.36 0.41 0.48 0.58 0.62 0.66
20 0.38 0.44 0.50 0.60 0.64 0.67
25 0.4 0.46 0.52 0.62 0.66 0.69
30 0.42 0.48 0.54 0.64 0.68 0.71
35 0.44 0.50 0.57 0.66 0.70 0.73
40 0.46 0.52 0.59 0.68 0.72 0.74
45 0.48 0.54 0.61 0.71 0.74 0.76
50 0.5 0.56 0.63 0.73 0.75 0.78
55 0.52 0.58 0.65 0.75 0.77 0.80
60 0.54 0.60 0.68 0.77 0.79 0.81
65 0.56 0.63 0.70 0.79 0.81 0.83
70 0.58 0.65 0.72 0.81 0.83 0.85
75 0.6 0.67 0.74 0.84 0.85 0.87
80 0.62 0.69 0.76 0.86 0.87 0.88
85 0.64 0.71 0.79 0.88 0.89 0.90
90 0.66 0.73 0.81 0.90 0.91 0.92
95 0.68 0.75 0.83 0.92 0.93 0.94
100 0.7 0.77 0.85 0.94 0.95 0.95
P (RUNOFF FACTORS) FOR VARIOUS IMPERVIOUS CONDITIONS
Editor's Note – Chart 3 is included as an attachment to this chapter.
CHART 4
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a.
b.
3.
4.
a.
b.
c.
d.
e.
f.
1.
F.
CHART 4
Effect on downstream drainage areas.
Where it is determined that the runoff from a subdivision will overload existing
downstream drainage facilities, the developer shall be responsible for the improvement of
such facilities to increase their capacity to required levels.
The required improvements to downstream facilities shall be made prior to the issuance
of a grading permit for the proposed subdivision.
Floodplain areas. Development in the 100-year floodplain must comply with provisions of the
City of Fenton flood ordinances and the regulations of the Federal Emergency Management
Agency (FEMA).
Grading Plan.
Grading/cross section sheets. All grading details pertaining to the site development shall be
shown in plan view by contours or on cross section sheets. Specific details shall include, but
not be limited to, the following:
Existing and proposed contours shall be plotted at two (2) foot intervals. Contour intervals
for grading plan other than the above shall require special approval.
Site grading shall be compatible with the ultimate roadway elevations.
Existing ground and finished grade elevations for the cross section sheets shall be
plotted at any scale between one inch equals fifty feet (1 inch = 50 feet) horizontal and
one inch equals ten feet (1 inch = 10 feet) vertical and one inch equals five feet (1 inch =
5 feet) horizontal and vertical.
The grading plan shall show the location of all siltation control devices to prevent runoff
from the site damaging adjoining properties.
Siltation control shall also be shown to minimize silt deposits downstream from the
proposed development. These siltation control devices shall include silt basins, fences,
hay bales, ditch checks, berms, etc. as approved by the City of Fenton, Missouri, and in
accordance with MDNR guidelines.
If a haul route is required to bring in extra material or dispose of extra material, it shall be
duly noted on the plan sheet. The route hours of operation and number of trucks shall
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g.
h.
1.
2.
3.
4.
a.
b.
c.
d.
e.
5.
G.
also be noted. A staging wash-off area complete with water will be required.
All City, County and State roads shall be kept free of dirt daily. The City of Fenton,
Missouri, reserves the right to cease the grading operation if the contractor is in violation.
A complete summary of cut and fill calculations with shrinkage will be shown on the
plans. If an off-site borrow area is to be used, the City of Fenton, Missouri, will require the
developer to submit a permit or letter of authorization for said borrow area.
Geotechnical Reports.
A geotechnical report shall be required where grading and proposed improvements on the
site are located in an area where soil conditions are susceptible to rapid erosion, landslide,
settlement and/or creep. The report shall verify the adaptability of grading and improvements
with soil and geologic conditions. A statement of compliance with this study, signed by the
geotechnical engineer preparing the report, shall be included on all site development plans.
The development plan and improvement plans shall be designed to conform to the
requirements and conditions of the geotechnical report. A geotechnical engineer shall be
required to inspect construction in accordance with the grading and soils requirements and
conditions contained in the report.
The Engineering Geologic Map of St. Louis County, Missouri (1971) by Edwin E. Lutzen and
John D. Rockway Jr., contained in the Missouri Geological Survey and Water Resources
Engineering Geology Series No. 4 and available through the Missouri Department of Natural
Resources shall be used to ascertain whether a geotechnical report shall be required. At this
time, a report is required for sites located in Units IIa, IIIa, IVa, IV and Xa and Units IIb, IIc and
IId when specific site conditions or development type necessitate a report.
In general, all slopes shall be graded to meet a standard 3:1 or flatter slope for both cut and
fill. If the preliminary grading plans or site plans propose high terraces, the soils report should
indicate measures to intercept and divert surface water from flowing over terraces and walls.
In all areas of questionable soil stability such as sinkholes, ponds, marshy areas, etc., the City
of Fenton, Missouri, shall be notified prior to commencement of grading so that these
locations can be inspected.
Any areas identified as sinkholes will require a sinkhole report. This report will require that the
sinkhole(s) shall be inspected to determine if it is functioning with regard to drainage and the
sinkhole shall be treated as follows:
All sinkhole crevices shall be located on the plan. If the sinkhole is either in the public
road right-of-way or within ten (10) feet of the public road right-of-way, it shall be
excavated to the crevice, treated and brought to grade by the construction of a manhole
or inlet.
Functioning sinkholes shall be utilized as a point of drainage discharge by a standard
drainage structure with a properly sized outfall pipe provided to an adequate natural
discharge point, such as a ditch, creek, river, etc.
Non-functioning sinkholes and sinkholes under a proposed building may be capped.
Sinkholes may be left in their natural state, however, they will still require properly sized
outfall pipe to an adequate natural discharge point.
All sinkholes must be inspected by the City of Fenton, Missouri, prior to treatment.
Special siltation measures shall be installed during the excavation of sinkholes and
during the grading operations to prevent siltation of the sinkhole crevice. In general, the
following procedure shall be followed in treating sinkholes:
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(1)
(2)
(3)
(4)
f.
a.
b.
6.
(1)
(2)
a.
7.
8.
9.
Excavation. Prior to filling operations in the vicinity of a sinkhole, the earth in the
bottom of the depression will be excavated to expose the fissure(s) in the bedrock.
The length of fissure exposed will vary, but must include all unfilled voids of fissure
widths greater than one-half (½) inch maximum dimensions which are not filled with
plastic clay.
Closing fissures. The fissure or void will be exposed until bedrock in its natural
attitude is encountered. The rock will be cleaned of loose material and the fissures
will be hand-packed with quarry-run rock of sufficient size to prevent entry to this
rock into the fissures and all the voids between this rock filled with smaller rock so as
to prevent the overlying material's entry into the fissures. For a large opening, a
structural (concrete) dome will be constructed with vents to permit the flow of ground
water.
Placing filter. Material of various gradations as approved will be placed on top of the
hand-packed rock with careful attention paid to the minimum thickness. The filter
must permit either upward or downward flow without loss of the overlying material.
Supervision. Periodic supervision of the cleaning of the rock fissures must be
furnished by the soils engineer. Closing of the rock fissures will not begin until the
cleaning has been inspected and approved by the soils engineer.
During the placement and compaction of earth fill over the filter, supervision by the soils
engineer shall be continuous. Earth fill densities will be determined during the placement
and compaction of the fill in sufficient number to insure compliance with the specification.
The soils engineer is responsible for the quality of the work and to verify that the
specifications are met.
For reports concerning proposed development in Units IIa, IIIa, IVa or Xa, the consultant
should prepare conditions within the report covering the following, at a minimum:
Erosion of silt-rich loessial soil. What should be done to minimize surface erosion during
and after construction? Also, what measures should be taken to address erosive
velocities at discharge points?
Developments on slopes greater than 20%. Soil creep is a potential problem on slopes
this steep and developments in these areas will require engineering analysis and
solutions.
Cut and fill. Construction of cut and fill slopes in these areas should be detailed to assure
slope stability.
For reports done on proposed developments in Unit IV, the consultant should prepare a
report covering the following, at a minimum:
Natural slope stability. Are the natural slopes on shale stable enough for the density
of development proposed?
Swelling soils. The potential for swelling soils in Unit VI and their effect on home and
road foundations should be discussed.
Additional considerations that can be covered in these reports include effect of stream erosion
on private property, foundation design, foundation drainage, road design, excavation, etc.
The reports for the erosion-prone area do not necessarily require subsurface investigation.
The shale areas, however, would almost certainly require shallow exploration. The reports
shall be prepared under the supervision of and sealed by an engineer.
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10.
11.
a.
b.
c.
d.
e.
(1)
(2)
(3)
f.
1.
H.
Developments that require more detailed soils information are those with very dense housing
(greater than three to four (3 — 4) houses per acre), extensive grading and site preparation
(including cut and fill), steep slopes, etc. Some developments can be less critically reviewed
due to minimal site disturbance and low density housing (two (2) or less houses per acre).
There are other areas besides Units IIa and VI within the City of Fenton, Missouri, where
dense developments will require sound engineering.
Street Design Criteria.
General provisions.
Streets shall be related appropriately to the topography so as to produce usable lots and
streets of reasonable gradient as required herein. The street layout shall provide access
to all lots and parcels of land within the subdivision. The proposed street layout should be
appropriate for the type of future development and properly integrated with the street
system in the area adjoining the subdivision. (Exhibit 1)
Proposed streets should provide access to the surrounding properties which are
landlocked or which have inadequate access, unless the Commission has determined
that such access is not necessary or desirable for the future land use and development of
adjacent tracts.
Rights-of-way and paving of streets in all new subdivisions shall be connected to an
approved street. Any street that has been approved by the City at the date of adoption of
this Chapter shall be considered an approved street.
Alleys should be avoided where possible in residential areas but may be included in
commercial and industrial areas where needed for loading, unloading or access purposes
and, where platted, shall be at least twenty (20) feet in width. Dead-end alleys shall be
avoided where possible but, if unavoidable, shall be provided with an adequate
turnaround at the dead end as determined by the Commission.
Subdivisions that adjoin or include existing streets that do not conform to the required
right-of-way widths shall dedicate additional width along either or both sides of such
streets. Also, the street shall be improved to the required standards. When the
subdivision is located on one (1) side of an existing street or road, a minimum of one-half
(½) of the required right-of-way and improvements shall be provided, measured from the
centerline of the right-of-way as originally established.
Dead-end streets.
Arrangements shall be made for the continuation of streets to adjacent properties
where such continuation is deemed necessary. If the adjacent property is
undeveloped, the road shall be extended to the boundary of the subdivision and a
cul-de-sac having a minimum right-of-way diameter of one hundred six (106) feet
and a pavement width of twenty-nine (29) feet. A circular island with a minimum
radius of thirteen (13) feet shall be provided in the cul-de-sac. A note shall be
included on the plat that any excess right-of-way used for the cul-de-sac shall revert
to the adjacent property owners when the street is continued. (Exhibit 2)
Where a road is not intended to continue onto adjoining property, its terminus shall
not be closer than one hundred (100) feet to the boundary and shall have a cul-de-
sac.
The use of minor classified streets when applied to cul-de-sac streets shall be limited
to serving not more than eighteen (18) total lots for cul-de-sacs.
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(4)
(1)
(2)
g.
A plan for elongated cul-de-sacs shall meet the specifications on Exhibit 3 or be
reviewed by the Commission for determination of the location and the required right-
of-way. Also, any other cul-de-sac or turnaround configurations shall meet the
specifications on Exhibit 4 or be approved by the Commission.
Street intersection and alignments shall be as follows:
Streets shall be laid out to intersect as nearly as possible at right angles. Non-
perpendicular streets shall have a perpendicular approach at intersections of at least
sixty (60) feet. No more than two (2) streets shall intersect at any one (1) point.
Where collector or arterial streets intersect other collector or arterial streets, the curb
radius at the intersection shall not be less than forty (40) feet.
EXHIBIT 1. STREET TYPES
EXHIBIT 2. CUL-DE-SACS
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(3)
(4)
(5)
(6)
EXHIBIT 2. CUL-DE-SACS
EXHIBIT 3. ELONGATED CUL-DE-SACS
Minor street intersections shall have a curb radius of not less than thirty-two (32)
feet.
Street jogs with centerline offsets of less than one hundred fifty (150) feet should be
avoided. Proposed new intersections with an existing street shall, whenever
appropriate, coincide with any existing "T" intersection on the opposite side of the
street.
Intersections shall be designed with grades as level as possible, consistent with
proper provisions for drainage. Approaches to intersections shall have a grade not
exceeding three percent (3%) for a distance of not less than one hundred (100) feet
measured from the centerline of the intersecting street.
Additional street paving in the form of turning lanes and/or right-of-way may be
required at intersections of collector/arterials with other collector/arterials.
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(7)
(8)
h.
i.
j.
2.
3.
4.
Property line corners at street intersections shall be founded with a radius of at least
twenty (20) feet.
Where visibility at any proposed street intersection would be obstructed by existing
earth berms or vegetation, the developer shall cut such ground and/or vegetation in
conjunction with the grading of the street right-of-way sufficient to provide adequate
sight distance. This distance shall be located by measuring thirty (30) feet along
each property line from the intersection point and connecting these points to create
the sight triangle.
All streets or street widening required by these regulations shall be dedicated to the City
or be established as a private road easement or right-of-way. In no case shall any
instruments be recorded which contain any clause causing reversion to any persons
except those having title to adjacent properties.
The widths may be increased, decreased or varied in certain circumstances by the Board
subsequent to review by the Commission on recommendation of the Director.
Where special types of streets are proposed, the Commission may apply special
standards to be followed in the design of such streets.
Design criteria. Any dedicated or private streets shall meet all City design criteria as specified
in this Subsection. All such streets in the City or segments of streets to be constructed as part
of any land development shall be located, platted and built in such a manner that they may be
dedicated to the City in accordance with the design criteria in this Section in (Table 1). If no
criteria has been established by the City of Fenton, St. Louis County Department of Highways
and Traffic criteria shall apply.
Storm drainage. The subdivider shall provide the subdivision with an adequate enclosed
stormwater system which shall be connected to an outlet approved by M.S.D.
Curbs and gutters. Curbs and gutters shall be installed on each side of the street surface. The
curb and gutter shall be constructed with Portland cement concrete in all subdivisions.
EXHIBIT 4 ATYPICAL CUL-DE-SACS
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a.
5.
EXHIBIT 4 ATYPICAL CUL-DE-SACS
TABLE 1 STREET DESIGN CRITERIA
Street
Classification
Minimum
Right-of-
Way
Minimum
Pavement
Width
Grade
Centerline
Horizontal
Alignment
Minimum
Sight
DistanceMinimumMaximum
Commercial
Collector
60 38 1%6%
6-8
S.U.P.*
600 300
Residential
Collector
60 38 1%8%
> 8
S.U.P.*
300 200
Minor
Commercial
Street
50 30 1%8%150 150
Minor
Residential
Street
50 26 1%8%
> 8
S.U.P.*
150 150
Commercial
Alley
30 20 1%6%50 150
*Special Use Permit
Landscaping.
Landscaped medians and cul-de-sacs.
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(1)
(2)
b.
a.
b.
c.
d.
6.
7.
8.
9.
10.
11.
At each entrance to a subdivision, a landscaped median separating two (2) one-way
streets may be provided as depicted in Exhibit 5. Sufficient trees and vegetation
shall be planted in accordance with a landscaping plan reviewed and approved by
the Director.
Each cul-de-sac shall have a landscaped center island at least three hundred (300)
square feet in area. If possible, such island shall be elongated so as to appear as a
median rather than a circular planter.
Right-of-way tree planting. The owner/developer shall submit a plan for such planting to
include the size and type of the trees proposed for the subdivision. This plan shall meet
all the requirements of this Code.
Lights.
Street lights shall be provided for any type of subdivision. A street light shall be installed
at each intersection of a street and each cul-de-sac; but in no event shall there be fewer
than one (1) street light for each two hundred fifty (250) linear feet or portion thereof of
street frontage between intersections or between a street intersection and the terminus of
a dead-end street.
In a multi-family dwelling residential subdivision, the minimum distance between two (2)
street lights shall be not less than two hundred (200) linear feet.
Street lighting shall be provided for roadways within a subdivision using concrete poles,
fiberglass or metal ornate type units. No wood poles are allowed.
The height and the intensity of each street light for residential or commercial subdivisions
shall be approved by the Director.
Naming. Streets that are obviously in alignment with others already existing and named shall
bear the names of the existing streets. The proposed street names shall be checked against
duplication of street names and approved by the Post Office and the Board.
Signs. Street signs and traffic control signs shall be of a type and at locations specified by the
City or other appropriate governing jurisdiction. The subdivision sign shall meet the
requirements of Chapter 485 of the Fenton Zoning Code. Subdivision trustees shall be
responsible for the replacement and/or maintenance of street name signs different than the
City of Fenton standards.
Addressing. Addresses shall be assigned by the St. Louis County Department of Revenue,
Mapping Division.
Street maintenance. The owner/developer of the subdivision shall be responsible for
maintaining the streets and other improvements until such time they are dedicated to and
accepted by the City of Fenton.
Penalties. If the developer/contractor of a project approved in the City of Fenton does not
follow the before listed requirements or any other applicable requirements of this document or
is deemed to be negligent in their development methods by the Director, the City of Fenton
reserves the right to stop work on the project until any or all of the deficiencies have been
corrected and approved by the City of Fenton representatives.
EXHIBIT 5. MEDIANS AT SUBDIVISION ENTRANCES
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b.
c.
12.
a.
b.
13.
EXHIBIT 5. MEDIANS AT SUBDIVISION ENTRANCES
Sidewalks.
Sidewalks shall be constructed of Portland cement concrete and shall have a width of
four (4) feet and a thickness of at least four (4) inches except at driveways where the
thickness shall be at least six (6) inches. The sidewalks shall be placed within the street
right-of-way one (1) foot from and parallel with the edge of the right-of-way, along both
sides of the street.
There shall be a grassed strip at least six (6) feet wide between the sidewalk and the
street pavement.
Each sidewalk shall have a ramp for handicapped access designed in conformity with
State law and the City's Building Code at its intersection with the street.
Materials. Except as provided herein, all new streets constructed after October 22, 2009 for
the acceptance by the City of Fenton for public use shall be designed to the following
standards.
Residential. All residential streets shall be constructed of Portland cement concrete
pavement at a minimum of seven (7) inches on four (4) inches of aggregate type 5 base.
Commercial. All commercial streets shall be constructed of Portland cement concrete
pavement at a minimum of nine (9) inches on four (4) inches of aggregate type 5 base.
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14.
1.
2.
3.
4.
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1.
2.
J.
K.
1.
2.
L.
Other. All other standards not addressed in this Section shall be in accordance with St. Louis
County Department of Highway and Traffic Standards. Any exceptions must be submitted to
the City of Fenton for approval. Any conflicts with the City of Fenton regulations and St. Louis
County standards for street and roadway standards will be resolved by abiding by minimum
standards as set forth by AASHTO guidelines. In all cases, a minimum of AASHTO guidelines
must be maintained.
Utilities.
All utilities, including, but not limited to, natural gas, electrical, telephone and television
cables, shall be buried. However, such utilities in the right-of-way may not be buried without
approval of the Director. Utilities buried in the right-of-way shall be located toward the lot line
so as not to interfere with the construction of curbing.
The location of utility easements shall be shown on the final plat.
Underground service connections shall be provided to each lot by the developer unless
waived by the Commission.
Utility boxes, transformers and similar devices at ground level shall be screened by evergreen
shrubbery except for those at the rear of lots.
Schools, Parks, Playgrounds And Pedestrian/Bike Paths.
In subdividing property, consideration shall be given to suitable sites for schools, parks,
playgrounds and other common areas for public use so as to conform to the
recommendations of the Commission in its adopted master plan or portion thereof of the City.
Any provision for schools, parks and playgrounds should be indicated on the preliminary plan
in order that it may be determined when and in what manner such areas will be dedicated to
or acquired by the appropriate taxing agency.
The City may require a twenty (20) feet wide easement for a pedestrian/bike path to link the
residential subdivisions to the City's public facilities. The width of the pavement shall be
determined by the Director.
Natural Features. Natural features, including, but not limited to, trees, lakes and streams, shall be
considered as irreplaceable assets and incorporated into the design of the subdivision to the
maximum feasible extent.
Lakes And Streams.
The boundaries or alignment of a lake, pond or stream shall not be changed and no grading
or clearing shall be permitted within twenty (20) feet of such a water body except approved by
the City's Engineer.
No grading or construction shall be permitted below a lake, dam, pond or stream without
submitting an engineering report stating the lake, dam, pond or stream bank is safe and will
not have any impact on the proposed development.
Chapter 485. Sign Regulations
Section 485.010. Short Title.
[Ord. No. 3638 § 1, 11-21-2016[1]]
This Chapter shall hereafter be known as the "Sign Code," may be cited as such, and may be referred
to herein as the "Sign Code" or "this Chapter."
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[1]
1.
a.
b.
c.
d.
e.
f.
g.
h.
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j.
2.
A.
Editor's Note: Former Chapter 485, Sign Regulations, containing Sections 485.010 — 485.140, which
derived from Ord. No. 3001 § 1, 12-23-2008; Ord. No. 3095 § 1, 1-28-2010; Ord. No. 3528 §§ 1 — 2, 7-
23-2015; Ord. No. 3623 § 1, 9-22-2016, was repealed 11-21-2016 by § 1 of Ord. No. 3638.
Section 485.020. Purpose, Findings And Scope.
[Ord. No. 3638 § 1, 11-21-2016]
This Sign Code is intended to do the following:
Purpose. The provisions of this Chapter shall govern the erection of all signs and flags,
together with their appurtenant and auxiliary devices, in respect to size, color, location, and
structural and fire safety. The City has promoted and preserved its character by systematically
adopting and updating its zoning regulations. As a result, the purpose of this Chapter is to
allow a property owner the ability to make use of its property for free expression without any
content based limitations but in a manner designed to avoid the visual clutter that is harmful to
traffic and pedestrian safety, property values, business opportunities and community
appearances.
Findings. The Board hereby finds that:
Sign regulations may impact First Amendment rights and that these rights are important
constitutional rights that must be protected.
Unregulated signage has direct and secondary effects that are harmful to the safety and
general welfare of the City as a whole and to its individual citizens.
These direct and secondary effects result from the visual clutter that occurs as a result of
the unregulated installation and lack of maintenance of signs.
These direct and secondary effects include harm to traffic and pedestrians' safety,
depreciation of property values within the City, decreased business opportunities for
individual and business residents of the City (resulting in decreased sales, property and
other tax revenues that are necessary to provide an adequate level of public service to
City residents), community blight and an overall less pleasing community appearance.
Residents are virtually captive audiences of signs displayed by neighbors; signs are an
intrusion into residential privacy and interfere with the enjoyment of a resident's property
because the view from the resident's property may become so marred by the clutter of
signs that the resident cannot successfully avoid observing the sign clutter.
Because of these direct and secondary effects, the City has a compelling interest in
regulating signs within the City.
These regulations are content-neutral and place restrictions that directly advance the
City's stated interests.
To the extent that any provisions of these regulations are content-based, they are
intended to further compelling governmental interests.
A primary and compelling interest of the City is to allow property owners to post public
interest signs to protect the safety of others and to allow all persons to comply with legal
requirements imposed by law or by order of a court requiring the posting of notices,
without being subject to regulation.
The scope of these regulations is proportionate to the interests served and narrowly
tailored to achieve the desired objective.
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k.
a.
b.
c.
3.
1.
a.
b.
2.
3.
A.
A direct nexus exists between the desired City's goals and the means chosen in these
regulations to achieve its desired goals.
Scope.
Classifications. Regulations in the Sign Code are classified by use, and the definitions in
Section 485.040 shall govern with regards to the type of use.
Building Code Applicable. In the absence from this Chapter of specifications governing
details of sign construction, the applicable standards listed in the Building Code shall
apply.
Government Signs. This Chapter recognizes that government signs are government
speech intended to ensure public safety.
Section 485.030. Computations.
[Ord. No. 3638 § 1, 11-21-2016]
The following principles shall control the computation of sign face and sign height:
Computation Of Sign Face Of Individual Signs. The area of a sign face shall be computed by
measuring the area of the smallest circle, square, rectangle, triangle or combination thereof
that will encompass the extreme limits of the writing, representation, emblem or other display,
together with any material or color forming an integral part of the background of the sign or
used to differentiate the sign from the back drop or sign structure against which it is placed,
but not including the sign structure or wall that is clearly incidental to the display itself.
Computation Of Multi-Face Signs.
A double-faced sign with two (2) sign faces shall be considered one (1) sign. Provided,
however, to the extent a double-faced temporary sign has two (2) sign faces that are not
identical, each sign face shall be considered a separate sign and the area shall be
computed by adding together the area of each non-identical sign face.
The sign area for a sign with more than two (2) sign faces shall be computed by adding
together the area of all sign faces on the sign.
Computation Of Height. The height of a sign shall be computed as the distance from the base
of the sign structure at normal grade to the top of the highest attached component of the sign.
Sign height of a wall sign shall be computed as the distance from the base of the sign to the
top of the sign. Normal grade shall be construed to be the lowest of: (a) existing grade prior to
construction, or (b) the newly established grade, after construction, exclusive of any filling,
berming, mounding, or excavating solely for the purpose of locating the sign. In cases in
which normal grade cannot reasonably be determined, sign height shall be computed on the
assumption that the elevation of the normal grade at the base of the sign is equal to the
elevation of the nearest point of the crown of a public street or the grade of the land at the
principal entrance to the principal structure on the zoned lot, whichever is lower.
Section 485.040. Definitions.
[Ord. No. 3638 § 1, 11-21-2016]
As used in this Chapter, the following words shall mean:
BANNER
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A sign other than a flag that is made of lightweight material either enclosed or not enclosed in a
rigid frame and secured or mounted to allow motion caused by the atmosphere. This definition
includes pennants, ribbons, streamers, spinners, or other similarly moving devises.
BILLBOARD
A sign directing attention to a business, profession, commodity, service or entertainment
conducted, sold or offered elsewhere than upon the lot where the sign is located.
BOARD
The City Board of Aldermen.
BUSINESS USE
Use of land or buildings for office (including medical), office park, office/warehouse, financial
institution, convention center, hotel or similar uses.
CHANGEABLE COPY PANEL
A device designed so that characters, letters or illustrations can be changed or rearranged
instantaneously, either manually or electronically.
COMMERCIAL USE
Any use wherein goods and services are purchased or sold to either the consuming public (retail)
or to other businesses (wholesale). Commercial use includes business use and industrial use but
does not include public/semi-public use.
COMMISSION
The Planning and Zoning Commission of the City.
DIRECTOR
For the purpose of this Chapter, Director shall mean Community Development Director or his/her
designee.
ERECT
To build, construct, attach, hang, place, affix or locate.
FACADE
An exterior wall(s) that is perpendicular to the horizontal view between the grade and the roof
structure.
[Ord. No. 3754 § 1, 11-20-2017]
FLAG
A generally rectangular piece of fabric of distinctive design traditionally raised on a flagpole.
FLAGPOLE
A pole mounted to the ground and used for flying a flag.
FRONT
When used in relation to a building, the facade on which the main entrance to the building is
located or which faces the main street adjacent to the building.
GRAFFITI
A hand-painted work of visual art that is either affixed to or painted directly on the exterior wall of a
surface without the permission of the property owner.
GROUND FLOOR
That floor of a building which is approximately level with the ground around the building and which
contains the building's primary ingress and egress; first floor.
HOLIDAY DISPLAYS
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A display for decorative purposes during any nationally recognized holiday period.
ILLUMINATED
A source of any artificial or reflected light, either directly from a source of light incorporated in, or
indirectly from an artificial source, so shielded that no direct illumination from it is visible elsewhere
than on and in the immediate vicinity of the sign.
INDUSTRIAL USE
Use of land or buildings for manufacturing, assembly, fabrication, warehousing, distribution, freight
terminal, wholesale sales, and other uses of similar intensity.
MULTI-FAMILY COMPLEX
One (1) or more buildings containing a minimum of three (3) or more independent dwelling units
per building.
ORIGINAL ART DISPLAY
A form of non-commercial speech wherein a hand-painted work of visual art is either affixed to or
painted directly on the exterior wall of a structure with the permission of the property owner. An
original art display does not include: mechanically produced or computer generated prints or
images, including but not limited to digitally printed vinyl; electrical or mechanical components; or
changeable copy panel.
PREMISES
That portion of a lot or building occupied by one (1) or more occupants, exclusive of common
areas shared with adjacent occupants, if any.
PROPERTY OWNER
An individual or entity who has the right to possess, use, and convey the property, premises,
building, sign or sign structure. For the purposes of this Chapter, the tenant of a property or
premises is considered the property owner as to the property the tenant holds a right to use
exclusive of others (or the sole right to occupy). If there are multiple tenants of a property or
premises, then each tenant shall have the same rights and duties as the property owner as to the
property or premises the tenant leases and has the sole right to occupy, and the size of the
property or premises shall be deemed to be the property that the tenant has the sole right to
occupy under the lease.
PUBLIC/SEMI-PUBLIC USE
A school, college, place of worship, community center, cultural facility, library, hospital or similar
place that serves the public for its educational, cultural and/or recreational benefit.
RESIDENTIAL USE
Any use wherein individuals or families utilize single-family, two-family and multi-family complex
for private housing purposes. Residential use does not include public/semi-public use.
SIGN
A name, identification, description, display or illustration, which is affixed to, painted or
represented directly or indirectly upon a building, or other outdoor surface which directs attention
to or is designed or intended to direct attention to the sign face or to an object, product, place,
activity, person, institution, organization or business. Signs located completely within an enclosed
building, and not exposed to view from a street or sidewalk, shall not be considered a sign. A flag
shall not be considered a sign. This definition includes holiday displays.
SIGN, CHANGEABLE COPY
A sign that is made up of or incorporates a changeable copy panel.
SIGN, COMMERCIAL
A sign intended to promote the economic interests of the sign's owner or tenant.
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SIGN, DOUBLE-FACED
A sign with two (2) sign faces of the same shape designed to be seen from two (2) opposite
directions, supported on the same support, and at the same elevation.
SIGN, FACE
The entire area within a square, circle, rectangle, triangle or combination thereof that
encompasses the extreme limits of the writing, representation, emblem, or other display, together
with any material or color forming an integral part of the background of the display or used to
differentiate the sign from the backdrop or structure against which it is placed, but not including the
sign structure or wall that is clearly incidental to the display itself.
SIGN, FLASHING
Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity
or color at all times when such sign is in use. For the purpose of this Chapter, any moving
illuminated sign or signs that fluctuate in light intensity or use intermittent strobe or moving light or
light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or
that in any manner creates the illusion of movement shall also be considered a flashing sign.
SIGN, GOVERNMENT
A sign that is constructed, placed or maintained by the Federal, State or local government or a
sign that is required to be constructed, placed or maintained by the Federal, State or local
government either directly or to enforce or protect a property owner's rights.
SIGN, INTEGRAL
A sign that is embedded, extruded or carved into the material of a building facade and customarily
made of bronze, brushed stainless steel or aluminum, stone or similar material attached to the
building facade.
SIGN, INTERIOR WINDOW/DOOR
A sign located inside a building on a window or door and exposed to view from a street or
sidewalk. An interior window/door sign may be temporary or permanent.
SIGN, MONUMENT
A sign having the appearance of a solid base of landscape construction materials such as
masonry, stucco, stonework, textured wood, tile, anodized metal or textured concrete materials.
The base of a monument sign shall be architectural in nature, with a concealed means of support,
and utilize materials consistent with the design of the building in which it is associated.
SIGN, OFF-PREMISES
Commercial speech in the form of a permanent sign that does not relate to a use of the real
property on which it is located.
SIGN, ON-PREMISES
Commercial speech in the form of a permanent sign that relates to a use of the real property on
which it is located.
SIGN, PERMANENT
Any sign affixed or attached to the ground or a structure and which cannot be removed without
special handling. Any sign that is not a temporary sign is deemed to be a permanent sign and
shall be governed by the regulations for a permanent sign.
SIGN, POLE
Any detached permanent sign which is supported by one (1) or more stationary poles extending
more than two (2) feet above the mean grade line of the ground at its base, provided that this shall
not include a permitted monument sign as set forth herein.
SIGN, PUBLIC INTEREST
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Any sign intended to convey a legal right or restriction on a property; a sign intended to warn the
public of a bona fide danger on the property; or a sign placed by order of a court or by a
government official in the normal course of their duties. Public interest signs shall include signs
identifying a structure or an area as a historic structure or place.
SIGN, SMALL POLE
A pole sign of not more than six (6) square feet in area per sign face and not more than three and
one-half (3.5) feet in height.
[Ord. No. 4003, 1-23-2020]
SIGN, SMALL WALL
A wall sign not exceeding two (2) square feet in size.
SIGN, STRUCTURE
The support, poles, upright bracing or brackets and framework for any sign that is mounted on or
affixed to a building, structure or the ground. A sign structure may be a single pole and may or
may not be an integral part of the building.
SIGN, TEMPORARY
A non-permanent sign constructed of paper, cloth, canvas, plastic sheet, vinyl, cardboard,
fiberboard, plywood or other like materials and that by design, installation, materials and/or
appearance is intended to be displayed for a limited period of time.
SIGN, VEHICLE
A sign that uses a vehicle or trailers in such a way as to function primarily as a sign, including but
not limited to vehicles that are not operational and parked to display a sign. Vehicles and trailers
associated with the function of the business on the premises shall not be considered a vehicle
sign.
SIGN, WALL
A sign affixed directly to an exterior wall of a building and confined within the limits of such
building. An integral sign is considered a wall sign for the purposes of this Chapter.
STRUCTURE
That which is built or constructed, an edifice or building of any kind, or any piece of man-made
work composed of parts joined together in some definite manner.
SUBDIVISION
A development of land for which there is a duly recorded final plat approved by the City.
Section 485.050. General Regulations.
[Ord. No. 3638 § 1, 11-21-2016]
Notwithstanding anything else in this Chapter or the City Code, the following restrictions shall
govern all signs displayed in the City:
Code Compliance. Signs may only be displayed in accordance with this Chapter.
Maintained. All signs shall be of sound structural quality, be maintained in good repair and
condition, have a clean and neat appearance and, as appropriate, abide by all Building,
Electrical and other Codes.
Permitted Signs. The following signs are permitted in every district as established by the
City's Zoning Code:
Government signs.
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[1]
b.
c.
d.
a.
b.
c.
4.
a.
b.
c.
d.
e.
5.
6.
7.
a.
b.
c.
8.
Traffic control devices on private or public property provided such complies with the
Manual on Uniform Traffic Control Devices.[1]
Comment: The Federal Highway Administration has established uniform standards for
signs that regulate traffic or that are erected and maintained within road rights-of-way or
adjacent property. These uniform standards are intended to be used by owners of private
property that is open to the public to reduce confusion and limit the risk of accident.
While these regulations are content specific, they serve an extraordinarily important
public function.
Any sign necessary for public safety erected by utility companies within their respective
easements.
Holiday displays provided that said display does not traverse any public right-of-way, or
create any traffic problem, congestion or safety hazard.
Location. No flag or sign shall be permitted or displayed:
In the public right-of-way, or other City property, except as expressly provided for by this
Chapter or other City ordinance.
So that its location might obstruct the view of or be confused with any street markers,
traffic signs or signals or other regulatory devices or warnings or any other signs erected
by any governmental body or agency.
So that it is located within a sight triangle or interferes with the view reasonably
necessary for motorists to proceed safely through streets and intersections, or to enter or
exit from public or private streets.
Temporary Signs. Unless otherwise provided for specific uses, temporary signs:
Shall not exceed three (3) feet in height on any property.
Shall not be placed on any utility pole, street light pole, tree, fence or similar object.
Shall not exceed the applicable size limits allowed for the use type.
Shall be secured or mounted as to not allow any motion.
Shall be securely attached and flush at all points when attached to a facade.
Permanent Sign Materials. All permanent signs shall be constructed of durable, outdoor and
weather-resistant materials and shall not be primarily constructed with impermanent materials
such as paper, cloth, canvas, plastic, plastic sheet, vinyl, cardboard, fiberboard, plywood or
other like materials.
Wall Signs. Wall signs shall be attached firmly to the building, parallel with and adjacent to the
wall, in which the wall sign is attached.
Original Art Displays. Original art displays are allowed provided that they meet the following
requirements:
Located in public and semi-public spaces in any zoning district.
Shall not extend more than six (6) inches from the plane of the wall upon which it is
painted or to which it is affixed.
Shall be no more than sixty-four (64) square feet in size, per lot or premises.
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a.
b.
c.
d.
e.
f.
9.
a.
b.
c.
1.
a.
b.
c.
2.
a.
b.
c.
3.
a.
4.
A.
No Permit Required. The following signs meeting the requirements of this Chapter shall not
require a sign permit:
Flags.
Holiday Displays.
Interior Window/Door Signs.
Temporary Signs.
Original Art Displays.
Government Sign.
[Ord. No. 4003, 1-23-2020]
Section 485.060. Residential Uses.
[Ord. No. 3638 § 1, 11-21-2016]
Residential Uses. Property owners may have the following types of signs for residential uses:
Temporary Signs. Temporary signs are permitted subject to the following standards:
Three (3) temporary signs on the property at any time with a sign face no larger than four
(4) square feet per sign.
One (1) temporary sign with a sign face no larger than eight and five-tenths (8.5) inches
by eleven (11) inches in one (1) window per dwelling at a time.
Temporary signs shall not be illuminated.
Wall Signs. Wall signs are permitted subject to the following standards:
One (1) wall sign located on the ground floor of the front of the building shall be permitted
per dwelling unit not to exceed three (3) square feet in area. Where attached dwellings
exist on a property, the total square footage of a wall sign must not exceed three (3)
square feet per dwelling unit.
Wall signs shall be flush mounted and shall not project from the surface of the wall on
which it is affixed by more than twelve (12) inches at all points.
Walls signs shall not be illuminated.
Interior Window/Door Signs. Interior window/door signs are permitted subject to the following
standards:
One (1) interior window/door sign is permitted per dwelling unit.
Such sign shall not exceed two (2) square feet in area per sign face.
Interior window/door signs shall not be illuminated.
Monument Signs For Subdivisions. Each residential subdivision will be permitted one (1)
double-faced monument sign at each public street entrance for such subdivision, subject to
the following standards.
Monument signs shall be located on subdivision common ground or in an easement
granted to the trustees of the subdivision.
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b.
c.
a.
b.
5.
6.
1.
2.
3.
4.
5.
B.
a.
b.
c.
1.
(1)
a.
2.
A.
Monument signs shall not be closer than five (5) feet to any property line or exceed six
(6) feet in height or twenty-four (24) square feet in area.
Monument signs may be illuminated in accordance with Section 485.110.
Multi-Family Complexes. Each multi-family complex will be allowed one (1) of the following
signs for the clubhouse or leasing office:
A monument sign no more than twenty-four (24) square feet in area per sign face, not
exceeding six (6) feet in height, and not located closer than five (5) feet to any property
line. The monument sign may be illuminated in accordance with Section 485.110.
A wall sign no more than sixteen (16) square feet in area per sign face, oriented to the
internal road system of the complex, located on the facade of the front of the building on
the ground floor and flush mounted. The wall sign shall not be illuminated.
On-Premises Signs. On-premises signs are not permitted except for one (1) non-illuminated
wall sign or interior window/door sign, not exceeding one (1) square foot in size for a home
occupation.
Flags And Flagpoles. Flags and flagpoles are permitted subject to the following standards:
A flag shall not exceed fifteen (15) square feet in size.
Each property owner shall have no more than three (3) flags on display at any given time
either located on a flagpole or mounted to the house.
Each property owner may have one (1) flagpole not to exceed twenty (20) feet in height.
Such flagpole shall be ground-mounted and may be located anywhere on the premises,
except within ten (10) feet of any property line.
Flags may be illuminated in accordance with Section 485.110.
Section 485.070. Public/Semi-Public Uses.
[Ord. No. 3638 § 1, 11-21-2016]
Public And Semi-Public Uses. Property owners located in districts zoned "R-1" through "R-6A,"
"PG," "PR" or "PS" may have the following types of signs for public and semi-public uses:
Temporary Signs. Temporary signs are permitted subject to the following standards:
Three (3) temporary signs on the property at any time with a sign face no larger than nine
(9) square feet per sign.
One (1) temporary sign with a sign face no larger than eight and five-tenths (8.5) inches
by eleven (11) inches in one (1) window.
Temporary signs shall not be illuminated.
Permanent Signs. A maximum of two (2) permanent signs (wall signs and/or monument
signs) are permitted per lot, subject to the following standards:
Wall Signs.
A wall sign may be no larger than thirty (30) square feet in area and five (5) feet in
height.
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(2)
(1)
(2)
(3)
(4)
(5)
b.
3.
4.
1.
2.
3.
4.
5.
B.
C.
a.
b.
c.
1.
2.
A.
A wall sign shall not be illuminated.
Monument Signs.
No monument sign shall exceed six (6) feet in height and the sign face shall not
exceed twenty (20) square feet in area.
A monument sign may contain an electric changeable copy panel in accordance with
Section 485.110.
A monument sign shall have a landscaped area extending a minimum of three (3)
feet on all sides of the monument sign base.
A monument sign may be located anywhere on the premises except within five (5)
feet of any property line.
A monument sign may be illuminated in accordance with Section 485.110.
Small Wall Signs. A maximum of one (1) non-illuminated small wall sign is permitted per lot or
premises.
Interior Window/Door Signs. A maximum of one (1) non-illuminated interior window/door sign
is permitted per lot or premises.
Flags And Flagpoles. Flags and flagpoles are permitted subject to the following standards:
A flag shall not exceed twenty-four (24) square feet in size.
Each property owner shall have no more than three (3) flags on display at any given time.
Each property owner may have one (1) flagpole not to exceed twenty-five (25) feet in height.
Such flagpole shall be ground-mounted and may be located anywhere on the premises,
except within ten (10) feet of any property line.
Flags may be illuminated in accordance with in Section 485.110.
Other Districts. Public and semi-public uses located in all other zoning districts other than those
set forth in Subsection (A) above, shall be governed by the sign requirements of Section 485.080
(Commercial Uses).
Section 485.080. Commercial Uses.
[Ord. No. 3638 § 1, 11-21-2016]
Commercial Uses. Property owners may have the following types of signs for commercial uses:
Temporary Signs. Temporary signs are permitted subject to the following standards:
No more than three (3) temporary signs at any time.
The total sign face of temporary signs at any time shall not exceed thirty-six (36) square
feet.
Such may be illuminated only pursuant to an approved sign plan and in accordance with
Section 485.110.
Wall Signs. Wall signs are permitted subject to the following standards:
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a.
b.
c.
d.
3.
a.
b.
c.
d.
4.
a.
b.
c.
d.
5.
6.
[Ord. No. 3754 § 2, 11-20-2017]
Wall signs are allowed per facade to a maximum of four (4) facades having wall signs.
Where a multi-tenant building exists on the premises, the exterior wall of the space
occupied by the tenant shall be considered to be a separate facade.
[Ord. No. 4003, 1-23-2020]
Wall sign faces shall not exceed a total of fifteen percent (15%) of the facade to which it
is attached. However, when more than one (1) facade is used for wall signs, then the wall
sign faces shall not exceed a total of five percent (5%) of the facade to which the wall
signs are attached.
Notwithstanding the above, wall signs permitted herein shall not have sign faces
exceeding a total of five hundred (500) square feet per facade in the "C-1" District or a
total of one hundred fifty (150) square feet per facade in all other zoning districts.
Wall signs may be illuminated in accordance with Section 485.110.
Small Wall Signs. One (1) non-illuminated small wall sign may be installed by each exterior
entrance.
Pole Signs And Monument Signs. Pole signs and monument signs are permitted subject to
the following standards:
One (1) monument sign or pole sign is permitted per lot frontage.
Pole sign face shall not exceed one hundred (100) square feet in area and the sign
structure shall not exceed twenty (20) feet in height unless frontage is along an Interstate
highway wherein the pole sign face may not exceed one hundred and fifty (150) square
feet in area and the sign structure shall not exceed thirty-five (35) feet in height. Pole
signs may be located anywhere on the premises except within five (5) feet of any
property line.
No monument sign shall exceed seven (7) feet in height and the sign face shall not
exceed thirty-five (35) square feet in area. A monument sign base shall have a
landscaped area extending a minimum of three (3) feet on all sides of the monument sign
base. A monument sign may be located anywhere on the premises except within five (5)
feet of any property line. The monument sign may contain an electric changeable copy
panel in accordance with Section 485.110.
Pole signs and monument signs may be illuminated in accordance with Section 485.110.
Small Pole Signs. Small pole signs are permitted subject to the following standards:
[Ord. No. 4003, 1-23-2020]
A maximum of two (2) small pole signs may be located at the entrance and exit of a lot.
Each small pole sign shall not exceed six (6) square feet in area per sign face.
Each small pole sign shall not exceed three and one-half (3.5) feet in height.
Small pole signs may be illuminated in accordance with Section 485. 110.
Interior Window/Door Signs. Interior window/door signs may be displayed inside an
occupant's windows or doors; provided that the aggregate area of all such interior signs shall
not exceed twenty percent (20%) of the window or door area upon which the window/door
sign is placed. Interior window/door signs may be illuminated in accordance with Section
485.110.
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7.
1.
2.
3.
4.
5.
B.
(1)
(2)
(3)
a.
b.
1.
(1)
(2)
(3)
a.
b.
2.
A.
a.
b.
1.
B.
Off-Premises Signs. Off-Premises signs are prohibited unless approved in conjunction with a
sign plan under Section 485.100.
[Ord. No. 4003, 1-23-2020]
Flags And Flag Poles. Flags and flagpoles are permitted subject to the following standards:
A flag shall not exceed sixty (60) square feet in size.
Each property owner shall have no more than three (3) flags on display at any given time.
Each property owner may have three (3) flagpoles not to exceed thirty-five (35) feet in height.
Such flagpoles shall be ground-mounted and may be located anywhere on the premises,
except within ten (10) feet of any property line.
Flags may be illuminated in accordance with Section 485.110.
Section 485.085. Unimproved Land.
[Ord. No. 3638 § 1, 11-21-2016]
Residential Unimproved Land. A property owner may have the following signs for unimproved land
zoned residential, subject to the following standards:
Lots Under Three (3) Acres In Area. The following regulations apply:
Temporary signs are permitted on a lot subject to the following standards:
No more than one (1) temporary sign along a street frontage at any time.
The total sign face of temporary sign shall not exceed four (4) square feet.
May be illuminated only pursuant to an approved sign plan and in accordance with
Section 485.110.
No off-premises signs are permitted.
Lots Three (3) Acres Or More In Area. The following regulations apply:
Temporary signs are permitted on a lot subject to the following standards:
No more than one (1) temporary sign along a street frontage at any time.
The total sign face of a temporary sign shall not exceed nine (9) square feet.
May be illuminated only pursuant to an approved sign plan and in accordance with
Section 485.110.
No off-premises signs are permitted.
All Other Unimproved Land. A property owner may have the following signs for unimproved land
zoned other than residential, subject to the following standards:
Temporary Signs.
No more than one (1) temporary sign at any time for each street frontage.
The total sign face of the temporary sign shall not exceed twenty-four (24) square feet.
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c.
2.
1.
2.
3.
4.
(1)
(2)
(3)
(4)
(5)
a.
b.
c.
d.
5.
A.
May be illuminated only pursuant to an approved sign plan and in accordance with
Section 485.110.
No off-premises signs are permitted.
Section 485.090. Billboards.
[Ord. No. 3638 § 1, 11-21-2016]
Standard Billboards. Property owners may have billboards subject to the following standards:
Size. Each sign face shall not exceed six hundred seventy-two (672) square feet, with a
maximum height of fourteen (14) feet and a maximum length of forty-eight (48) feet.
Type. Billboards may be in a back-to-back or in a V-type configuration on a single pole
support sign structure with not more than one (1) sign face per facing.
Height. The overall height of the billboard shall not exceed thirty-five (35) feet. No portion of
the billboard, excluding the support pole, shall be lower than twenty (20) feet above the
ground at the base of the sign face.
Number. Only one (1) billboard per lot is allowed.
Location. Billboards are only allowed within two hundred (200) feet of the nearest edge of the
right-of-way and visible from the main traveled way of any highway which is part of the
Interstate Highway System of the State of Missouri and in areas that are zoned other than
residential.
Under no conditions shall a billboard be allowed within:
Fifteen hundred (1,500) feet of any lot located within any residential zoning district.
Fifteen hundred (1,500) feet of any other billboard on the same side of the adjacent
interstate or primary highway. The distance between billboards shall be measured
along the nearest edge of the highway pavement between points directly opposite
the billboards. All other distance measurement points shall be those which yield the
shortest distance between relevant points. If billboards are angled or V-shaped, the
nearest point of the billboard to the other relevant point is to be used.
A distance equal to one hundred and fifty percent (150%) of the height of the
billboard from any property line or the nearest building.
One hundred (100) feet of any on-premises sign.
One thousand (1,000) feet of any park, playground, school, library, hospital, church,
historic district, landmark or an area on the National Register of Historic Places.
No billboard shall be located in such manner as to obstruct or otherwise interfere with the
effectiveness of any official traffic sign, signal or device or obstruct or physically interfere
with a motor vehicle operator's view of approaching, merging or intersecting traffic.
No billboard shall be located adjacent to or within one thousand (1,000) feet of an
interchange, intersection at grade or safety rest area. Such distances shall be measured
from beginning or ending of the pavement widening at the exit from or entrance to the
main traveled way.
No billboard shall be located on a building or non-sign structure.
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7.
A.
B.
C.
D.
1.
2.
3.
4.
5.
E.
Lighting. Billboards may be illuminated and may be an electric changeable copy panel in
accordance with Section 485.110.
Other Regulations. No permit to allow a billboard to be newly erected shall be issued without
a permit issued by the Missouri Highways and Transportation Committee.
Section 485.100. Sign Plan Process.
[Ord. No. 3638 § 1, 11-21-2016]
Purpose. A sign plan is a creative incentive for a unified visual statement that integrates the
design of signs with the design of a building on which they will be displayed and with the
surrounding area.
When Allowed. The owner(s) or developer(s) of a tract of land not used for residential use, which
is the site of or is proposed as the site for a single integrated development consisting of one (1) or
more buildings and off-street parking, may submit an application for approval of a sign plan to the
Community Development Director for Commission for review and recommendation. The
application shall be in a form prepared by the Community Development Department.
Contents Of Plan. The sign plan shall contain a visual representation of the lettering, illumination,
color, size, height, placement and location of the signs proposed for display. When possible, this
may be done in conjunction with or as a part of the site development plan review. Any person
submitting a sign plan for consideration shall pay the fee set forth in Title IV, Addendum A, of the
City Code at the time of submission.
Necessity. If an applicant is submitting a sign plan that seeks signage in size, location or number
that is not permitted under the express requirements of the Sign Code, then the applicant shall
submit a narrative statement that explains the need for deviation from the applicable sign
regulations. The statement shall describe the unique circumstances of the applicant's site that
warrant a deviation from the provisions of the Sign Code. In no instance may any deviation be
granted to allow a type of sign that is expressly prohibited by this Chapter.
Standards For Approval. The Commission may recommend approval of and the Board may
approve a sign plan if the signs represented in the sign plan conform to applicable regulations of
this Chapter except for size, location, illumination and number limitations and there is an express
legislative finding and determination that:
The sign plan is consistent with and fulfills the intent, spirit and purposes of this Chapter.
The signs described in the Plan are compatible with the theme, visual quality and overall
character of the surrounding area.
The approval of the proposed sign plan will not be detrimental to the surrounding properties.
The signs described in the plan are appropriately related in size, shape, materials, lettering,
color, illumination and character and function of the building or premises on which they will be
displayed.
The requested deviation from the applicable sign regulations in size, location, illumination or
number of signs is warranted due to the unique characteristics or layout of the proposed
building(s) or the unique characteristics or topography of the proposed site.
Section 485.110. Illumination Restrictions.
[Ord. No. 3638 § 1, 11-21-2016]
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3.
4.
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6.
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8.
A.
1.
2.
3.
B.
Illumination Standards. All illuminated signs shall be subject to the following standards:
External lighting, such as floodlights, thin line and gooseneck reflectors, are permitted,
provided the light source is directed upon the sign face and is effectively shielded so as to
prevent beams or rays of light from being directed into any portion of an adjacent street and
the lights are not of such intensity so as to cause glare, impair the vision of the driver of a
motor vehicle or otherwise interfere with a driver's operation of a motor vehicle; provided,
however, that the light source is effectively shielded so as to prevent beams or rays of light
from shining on any adjacent street or residential uses.
No sign shall be so illuminated that it interferes with the effectiveness of or obscures any
official traffic sign, device or signal.
If a sign or flag is externally lighted, the light source shall be completely concealed and not
visible to pedestrians, vehicles or persons located on adjacent property.
All signs with internal illumination shall require an electrical permit and meet all requirements
of the City's Electrical Code and other applicable Codes.
Pole signs and monument signs within one hundred fifty (150) feet of a residential dwelling
shall only be illuminated by an external light source. All illuminated signs within one hundred
and fifty (150) feet of a residential dwelling shall be extinguished at the time of business
closing or 11:00 p.m., whichever is later, provided that this shall not prohibit continuous
illumination of flags and monument signs for residential subdivisions and multi-family
complexes.
No revolving or rotating beam or beacon of light that simulates an emergency light or device
shall be permitted as part of any sign. No illumination shall be allowed that converts the sign
to a flashing sign except if reasonably necessary to convey public service information.
A sign may only include an electric changeable copy panel when expressly so stated within
Sections 485.060 — 485.090.
Notwithstanding the above lighting requirements, no illuminated sign shall be of such
brightness or intensity so as to cause glare, impair the vision of the driver of a motor vehicle
or otherwise interfere with a driver's operation of a motor vehicle, obscure or interfere with the
effectiveness of an official traffic control device, prevent or interfere with the quiet use or
enjoyment of any lot which is used or zoned residential, or otherwise be maintained as a
nuisance.
Electric Changeable Copy Panels. Electric copy changeable panel signs shall be subject to the
general illumination standards of Subsection (A) of this Section and the following additional
regulations:
Duration Of Message Intervals. Messages must be displayed for a minimum of fifteen (15)
seconds for each item shown or information displayed in the changeable copy sign.
Transition And Display. Message changes shall be instantaneous without dissolving, growing,
melting, traveling up or down scrolling, fading. Messages shall have a static display and shall
not be illuminated so as to be a flashing sign or that in any manner creates the illusion of
movement.
Brightness. The brightness of a changeable copy sign shall automatically adjust via photocell
for use during daylight hours and non-daylight hours. No sign may be illuminated to a degree
of brightness that is greater than necessary for adequate visibility. The maximum permitted
brightness for a changeable copy sign during daylight hours is five thousand (5,000) NIT
(candela per square meter) and five hundred (500) NIT during non-daylight hours as
measured from the sign's face perpendicular to the rays of the source at maximum
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4.
5.
6.
A.
1.
2.
3.
4.
5.
B.
A.
B.
1.
C.
brightness. The lighting and other specifications for a proposed changeable copy sign shall be
submitted with the application proposing to incorporate a changeable copy sign.
Story Advertising. Electric copy changeable signs shall not display consecutive messages
facing the same traveled way, which constitute a substantially similar theme or story and is a
continuation of any immediately preceding message, thereby creating a storyboarding effect
when viewed by persons operating a motor vehicle. Nothing contained in this paragraph shall
prohibit the display of identical consecutive messages.
Malfunction And Non-Compliance. Electric copy changeable signs shall be designed and
equipped to freeze the device in one (1) position if a malfunction occurs. The electric copy
changeable signs shall be equipped with a means to promptly discontinue the display if it
malfunctions, and the sign owner shall immediately stop the dynamic display when notified by
the City that it is not complying with standards of this Code.
Conversion. Conversions of an existing sign to an electric copy changeable panel is
authorized when the sign is permitted to be a changeable copy panel by this Chapter and the
sign complies with current Code requirements.
Section 485.120. Prohibited Signs.
[Ord. No. 3638 § 1, 11-21-2016]
Applicable Permits. Signs are prohibited unless constructed pursuant to a valid building permit and
electrical permit when required under the City Code and authorized under this Chapter.
Prohibitions. The following signs are prohibited which:
Are of a size, location, movement, coloring, or manner of illumination which may be confused
with or construed as a traffic control device or which hide from view any traffic or street sign or
signal.
Contain or consist of banners.
Are flashing signs, except for holiday displays as permitted pursuant to this Chapter.
Are graffiti.
Are a vehicle sign located within one hundred and fifty (150) feet of a public right-of-way.
Section 485.130. Permits.
[Ord. No. 3638 § 1, 11-21-2016]
Permits Required. Except as otherwise provided for by this Chapter or other City ordinance, it
shall be unlawful for any person or entity to erect, alter, replace, relocate, convert or change any
sign without first obtaining sign approval via a sign permit, and paying any applicable permit fee;
provided that a permit is not required for ordinary maintenance and repair of a permitted sign.
Application Required. Applications for a sign permit shall be made upon forms provided by the
Director.
Application Process. Applications for a sign permit shall be processed through the following
procedures:
Every applicant, before being granted a permit hereunder, shall pay to the City a minimum fee
set forth in Title IV, Addendum A, of the City Code.
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The Director shall review a sign permit within a reasonable period of time and either approve
it, reject it, or notify the applicant that the application is incomplete with a specific list of
deficiencies in the application, or may submit the application to the Commission if the
application is complete and the applicant is seeking a variance or sign plan from this Chapter.
If approved, the applicant shall apply to St. Louis County if a building permit or an electric
permit is required.
If the work authorized under a sign permit has not been completed within six (6) months after
the date of approval, the permit shall become null and void.
The applicant shall notify the Director within fourteen (14) days of the sign erection. The
Director shall within a reasonable period of time thereafter file appropriate documentation of
the permitted sign.
Section 485.140. Non-Conformity And Modification.
[Ord. No. 3638 § 1, 11-21-2016]
Amortization. For the purpose of amortization, non-conforming signs may be continued from the
effective date of this Chapter for a period not to exceed ten (10) years unless under a previous
regulation the signs were to be amortized and in that case the amortization period shall be as
previously required or ten (10) years, whichever is less.
Changes And Modifications. A non-conforming sign shall be brought into conformity with this
Chapter if it is substantially altered or reconstructed or replaced or relocated. An alteration or
reconstruction shall be considered substantial when such alteration or reconstruction affects fifty
percent (50%) or greater of the non-conforming sign and/or support structure or when the value of
such alteration or reconstruction is greater than fifty percent (50%) of the value of the sign and
support structure prior to the alteration or reconstruction. Any non-conforming sign that is
damaged through no fault of the owner may, upon issuance of a permit, be reconstructed to its
original condition without bringing the sign into compliance with this Chapter; provided such
change and reconstruction shall not modify any existing amortization period.
Section 485.150. Variances.
[Ord. No. 3638 § 1, 11-21-2016]
The owner of a property used for a residential use aggrieved by a denial of a sign permit
application for that property by the Director may present to the Board of Adjustment a petition, duly
verified, requesting a variance from the Section of the Sign Code upon which such denial was
based. The petition shall be presented to the Board of Adjustment within thirty (30) days after the
filing of the decision of the Director and shall be in compliance with all requirements of Section
410.030.
The Board of Adjustment may grant a variance from the requirements of this Chapter for
residential uses with regard to the size, color, location, illumination of, and number of signs based
upon unique architectural treatments, special project conditions, or specific hardship; provided that
in no instance may any deviation be granted to allow a type of sign that is expressly prohibited by
this Chapter. In acting upon a request for variance, the Board of Adjustment shall consider the
following criteria:
Purpose And Intent Of Code. Is granting of the variance in compliance with the general
purpose and intent of the Sign Code, Zoning Regulations, and Comprehensive Plan?
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Impacts On Adjacent Property. Will granting of the variance adversely affect neighboring
property owners or residents?
Safety. Will granting of the variance adversely affect safety?
Visual Clutter. Will granting of the variance significantly clutter the visual landscape of the
area?
Site Constraints. In some situations, topography, landscaping, existing buildings or unusual
building designs may substantially block or impair the visibility of the applicant's existing or
proposed signs from multiple directions. While visibility of a sign is not to be guaranteed from
all directions, does the site provide reasonable visibility of a business's sign?
Compatibility. Is the sign compatible and does the sign integrate aesthetically with the
daytime/nighttime color, lighting, and architecture of the area as a whole?
Section 485.160. Enforcement And Removal Of Signs.
[Ord. No. 3638 § 1, 11-21-2016]
Vacated Premise — Abandoned Sign. If a building or premises is vacated, any sign or sign
structure located thereon other than flags, government signs, integrated sign, and temporary signs
shall be deemed abandoned and if the property owner fails to cover or remove all signs or sign
structures in accordance with this Subsection, such shall constitute a nuisance and/or Code
violation.
Interior Window/Door Signs And Wall Signs. The property owner shall remove all interior
window/door signs, which are permanent, and all wall signs and restore the building facade,
windows or doors to their normal appearance within thirty (30) days of the building or
premises being vacated.
Pole Signs And Monument Signs.
The property owner shall arrange for an opaque surface to cover sign faces related to a
vacated building or premises located on any type of pole sign or monument sign within
thirty (30) days of the building or premises being vacated.
The property owner shall remove all sign faces, lighting fixtures and sign structures
related to the vacated building or premises and return the footing area to the natural
grade within six (6) months of the building or premises be vacated.
Scope. For the purposes of this Section, the property owner shall include both the tenant of a
sign or sign structure and the property owner, if different.
Unsafe Signs. Any sign or sign structure deemed by the City to be a danger to the public under
any applicable ordinance or other Statute or otherwise due to its condition shall constitute a
nuisance.
Notice Of Nuisance. The City shall cause written notice to be served upon the owner of an
abandoned sign or sign structure or the owner of an unsafe sign or sign structure if the owner
cannot be located, to the property management agent of the premises on which such sign or
structure is located. Such notice shall state, at a minimum:
The violations found.
That the sign or sign structure is deemed to be a public nuisance pursuant to this Chapter.
What actions will remedy the public nuisance.
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That the nuisance shall be abated within thirty (30) days from the date of such notice or other
reasonable time as determined by the Director, but not less than ten (10) days.
That upon failure to abate the condition causing the nuisance within the prescribed time
period, the City may enforce the general penalty provisions of the Code provided in Section
100.060 or other remedy provided by applicable law.
Notice Process. Notice shall be effected by:
Attaching a copy of same to the nuisance.
Posting a copy of same at the property on which the nuisance is situated.
Mailing, by certified mail or certificate of mailing, a copy of the notice to the owner of the sign
at their last known address(es) or if the owner cannot be located, to the property management
agent of the premises on which the sign is located and to the occupant of the property at the
property address.
Penalty. Any property owner that fails to remedy the nuisance, shall be subject to the general
penalty provisions of the Code provided in Section 100.060.
Sign Removal. Notwithstanding any provision in this Code, the City may immediately remove
without notice (at the owner's expense when appropriate) any sign or sign structure that is:
An immediate peril to persons or property.
On the public right-of-way or City property without City authorization.
Where a sign or sign structure has been removed by the City pursuant to this Subsection,
the City shall mail a statement of the cost of removal of said sign or signs to the last known
address of the owner of record or person in charge of such property. If such costs are not
paid within thirty (30) days from the mailing of such notice, the Director may certify the
charges for repair or removal to the City Clerk as a special assessment represented by a
special tax bill. The special tax bill from the date of its issuance shall be deemed a personal
debt against the owner and shall be a first lien against the property until paid and shall be
prima facie evidence of the recitals thereof and of its validity. No mere clerical error or
informality in such lien or in the proceedings leading to its issuance shall be a defense
thereto. The certified costs associated with the removal, termination or abatement of such
nuisance shall include all expenses incurred by the City in the removal of the nuisance,
including, but not limited to, the actual cost of inspecting the land or lot, the actual cost of
service of notice as provided herein, the actual cost of abatement, attorneys' fees pursuant
to Section 100.065, and the actual cost of issuing and recording the tax bill. Such tax bill
shall bear interest at the rate of six percent (6%) per annum if not paid within thirty (30) days
after issuance.
Void Permit. Any sign or sign structure removed by the City pursuant to this Section 485.160, or
removed pursuant to a court order, will automatically void the sign permit, if any, associated with
such sign or sign structure for violation of this Chapter.
Non-Issuance Of Permits. The Director shall not issue any further sign permits to persons refusing
to pay costs assessed under this Section 485.160 or Section 100.060, nor to agents or
representatives of such persons.
Violation Of Ordinance. Notwithstanding any provision in this Code, the City may proceed, without
providing notice, to issue a citation to an owner of a sign or sign structure for any sign or sign
structure believed to be in violation of this Chapter. An owner of a sign or sign structure found to
be in violation of any provision in this Chapter shall be subject to the general penalty provision of
this Code provided in Section 100.060.
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Equitable Relief. In addition to any other remedies or penalties established for violations of this
Chapter, the Director or City Prosecutor may, on behalf of the City and after approval by the
Board, apply to a court of competent jurisdiction for such legal or equitable relief as may be
necessary to enforce compliance with this Chapter. In such action the court may grant such legal
or equitable relief, including, but not limited to, mandatory or prohibitory injunctive relief, as the
facts may warrant. Upon the successful prosecution of any such action, the City may be awarded
by the court reasonable attorney fees as allowed by law.
Section 485.170. Validity And Severability Clause.
[Ord. No. 3638 § 1, 11-21-2016]
Chapter Severability. If any court of competent jurisdiction shall declare any part of this Chapter to
be invalid, it is the intent of the City that such ruling shall not affect any other provisions of this
Chapter not specifically included in said ruling.
Application Severability. If any court of competent jurisdiction shall declare invalid the application
of any provision of this Chapter to a particular land, parcel, lot, district, use, building or structure, it
is the intent of the City that such ruling shall not affect the application of said provision to any other
land, parcel, lot, district, use, building or structure not specifically included in said ruling.
Chapter 490. Satellite Signal Receiving Station Regulations
Editor's Note — Ordinance no. 3001 §1, adopted December 23, 2008, repealed title IV in its entirety.
See editor's note at beginning of title IV.
Section 490.010. Definition.
[Ord. No. 3001 §1, 12-23-2008]
As used in this Chapter, the following term shall mean:
SATELLITE DISH
Satellite dishes or any apparatus capable of receiving communications from a transmitter or a
transmitter relay located in planetary orbit.
Section 490.020. Permit Required.
[Ord. No. 3001 §1, 12-23-2008]
It shall be unlawful to commence or to proceed with the erection, construction, reconstruction,
alteration or enlargement of any satellite signal receiving station without having applied for a building
permit and a building permit having been granted therefore.
Section 490.030. Building Permits.
[Ord. No. 3001 §1, 12-23-2008]
The provisions of Sections 430.010, 500.120 and 500.130 pertaining to building permits shall apply to
all satellite dishes.
Section 490.040. Satellite Dish Regulations.
[Ord. No. 3001 §1, 12-23-2008]
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General Provisions (Residential And Commercial). A building permit for a satellite dish on
residential or commercial property may be granted in accordance with this Zoning Code, provided
that:
The satellite dish and its attachment to a building or the ground meet the applicable
requirements of any City codes and the requirements of Section 500.010 of this Code as
adopted by the City of Fenton.
The satellite dish is located in the rear setback, provided that when on a corner lot, it cannot
be closer to the side street than the building located on the lot.
The satellite dish is located not less than ten (10) feet from any property line.
No advertising or signage of any type is permitted on a satellite dish.
Satellite dishes shall be finished in a non-garish, non-reflective color and surface which shall
blend into the surroundings.
In no case shall a satellite dish be permitted to be attached to a portable device for the
purpose of relocating the entire dish on the property in order to circumvent the intentions of
this Section.
Every dish must be adequately grounded for protection against a direct strike of lightning.
Dishes shall meet all manufacturer's specifications, shall be of non-combustible and
corrosion-resistant material and shall be erected in a secure, wind-resistant manner.
If the dish is placed on a roof, it should be placed in such a manner as not to detract from the
aesthetic appearance of the surrounding area and it shall be located and designed to reduce
visual impact from public streets.
The City may require screening and/or landscaping surrounding the satellite dish.
Residential Districts (Excluding Multiple-Family Districts). A building permit for a satellite dish in a
residential district, excluding multiple-family districts, may be granted in accordance with this
Zoning Code, provided that:
The satellite dish is not located on the roof of a residential dwelling unless such dish is less
than three (3) feet in diameter and unless the total height of the dish and stand does not
exceed five (5) feet.
The satellite dish, when installed, except on the roof of a building, is not, at its highest point,
fifteen (15) feet above the ground.
Only one (1) satellite dish shall be permitted on any lot or parcel of land.
Commercial And Multiple-Family Districts. A building permit for a satellite dish in a commercial or
multiple-family district may be granted in accordance with this Zoning Code, provided that:
The satellite dish is not located on the roof of a commercial building, unless such dish is less
than eight (8) feet in diameter and unless the total height of the dish and stand does not
exceed ten (10) feet.
The satellite dish, when installed, except on the roof of a building, is not, at its highest point,
twenty (20) feet above the ground.
Not more than two (2) satellite dishes shall be permitted on any lot or parcel of land.
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Any satellite dish not used for daily operations of the business shall be removed within thirty
(30) days of the date that the satellite dish is taken out of service.
Satellite dishes shall not exceed eight (8) feet in diameter.
Section 490.050. Violations and Penalties.
[Ord. No. 3001 §1, 12-23-2008]
Any person violating any of the provisions of this Chapter shall be subject to a fine of not more
than five hundred dollars ($500.00) or ninety (90) days in jail, or both.
Any corporation violating any of the provisions of this Chapter shall be subject to a fine of not more
than five hundred dollars ($500.00). Each day a violation continues shall be considered a separate
violation.
Chapter 491. Wireless Facilities
Section 491.010. Purpose; Applicability.
[Ord. No. 3883, 12-20-2018[1]]
Statement Of Purpose. The general purpose of this Chapter is to regulate the placement,
construction, and modification of telecommunications Wireless Communications Facilities to
protect the health, safety, and welfare of the public, while at the same time not unreasonably
interfering with the development of the competitive wireless telecommunications marketplace in
the City of Fenton. Specifically, this Chapter is intended to:
Provide for the appropriate location and development of telecommunications facilities and
systems to serve the citizens and businesses of the City of Fenton;
Minimize adverse visual impacts of Wireless Communications Facilities through careful
design, siting, landscape screening, and innovative camouflaging techniques that provide
predictability for nearby property owners and others that future uses will not materially alter
such approved aesthetic protections without zoning hearing procedures and input from
interested parties when not prohibited by applicable law;
Ensure that any new Wireless Communications Facilities are in an area compatible with the
neighborhood or surrounding community to the extent possible; and
Ensure that regulation of Wireless Communications Facilities does not have the effect of
prohibiting the provision of personal wireless services and does not unreasonably
discriminate among functionally equivalent providers of such service and promotes the
provision and availability of communication services within the City.
Applicability; Preemption. Notwithstanding any ordinance to the contrary, the procedures and
regulation set forth in this Chapter shall be applicable to all Wireless Communications Facilities
existing or installed, built or modified after the effective date of this Chapter to the fullest extent
permitted by law. No provision of this Chapter shall apply to any circumstance in which such
application shall be unlawful under superseding Federal or State law and furthermore, if any
Section, Subsection, sentence, clause, phrase, or portion of this Chapter is now or in the future
superseded or preempted by State or Federal law or found by a court of competent jurisdiction to
be unauthorized, such provision shall be automatically interpreted and applied as required by law.
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Editor's Note: Former Chapter 491, Wireless Facilities, containing Sections 491.010 through 491.110,
was repealed 12-20-2018 by Ord. No. 3883.
Section 491.020. Definitions.
[Ord. No. 3883, 12-20-2018]
As used in this Chapter, the following terms shall have the meanings and usages indicated:
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.
ANTENNA
Any device that transmits and/or receives wireless radio waves for voice, data, or video
communications purposes, including, but not limited to, television, AM/FM radio, texts, microwave,
cellular telephone, and similar forms of communications. The term shall exclude satellite earth
station antenna less than two (2) meters in diameter (mounted within twelve (12) feet of the
ground or building-mounted) and any receive-only home television antenna.
CABINET
A structure for the protection and security of communications equipment associated with one (1)
or more Antenna where direct access to equipment is provided from the exterior and that has
horizontal dimensions that do not exceed four (4) feet by six (6) feet and vertical Height that does
not exceed six (6) feet.
DIRECTOR
The Community Improvement Director or his/her designee or official acting in such capacity.
DISGUISED SUPPORT STRUCTURE
Any free-standing, man-made structure designed for the support of Antenna, the presence of
which is camouflaged or concealed as an appropriately placed and designed architectural or
natural feature. Depending on the location and type of disguise used, such concealment may
require placement underground of the utilities leading to the structure. Such structures may
include but are not limited to clock towers, campaniles, observation towers, light standards, flag
poles, and artificial trees. For purposes of this definition, a structure "camouflaged or concealed as
an appropriately-placed and designed architectural or natural feature" shall mean:
It is consistent with and contributes to and does not detract from the character and property
values and use of the area and neighborhood in which it is located;
It does not contain distorted proportions, size, or other features not typically found on the type
of structure or feature to which it is designed to replicate;
It cannot be identified as a Support Structure by persons with reasonable sensibilities and
knowledge;
Its equipment, accessory buildings, or other aspects or attachments relating to the Disguised
Support Structure are wholly concealed using a manner consistent with and typically
associated with the architectural or natural structure or feature being replicated; and
It is of a Height, design, and type that would ordinarily occur at the location and neighborhood
selected.
EXISTING STRUCTURE
Any structure capable of supporting Wireless Communications Facilities (other than a Support
Structure) in full conformance with the design and other requirements of this Chapter and is: (1)
existing prior to the date of all applicable permit applications seeking City authorization for
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installation of such Facilities thereon, and (2) not built or installed in anticipation of such specific
installation or erected as a means to evade approvals applicable to a non-existing structure.
FAA
The Federal Aviation Administration.
"FAST-TRACK" SMALL WIRELESS FACILITY
A "Fast-Track" Small Wireless Facility, or "Fast-Track," shall mean a Small Wireless Facility that
meets the following requirements for an Antenna and associated equipment:
No more than seven cubic feet (7 ft ) in volume (comprised of no more than twenty-seven
square feet (27 ft ) of exterior surface area, excluding the surface width equal to the width of
the Existing Structure or Utility Pole to which it is mounted, on an imaginary enclosure around
the perimeter thereof, excluding cable or cable conduit of four (4) inches or less). Volume
shall be the measure of the exterior displacement of the Antenna and associated equipment;
Located with the consent of the owner on an Existing Structure or Utility Pole, or concealed
within or on a replacement Utility Pole if the appearance is not materially altered and the
Existing Structure or Utility Pole is no more than five (5) feet taller;
Not exceeding six (6) feet above the top of an Existing Structure or Utility Pole for a total
Height not exceeding forty-five (45) feet (nor taller than more than six (6) feet above the
average of similar poles within three hundred (300) feet).
FCC
The Federal Communications Commission.
HEIGHT
The vertical distance measured from the average grade of the base of the structure at ground
level to its highest point and including the main structure and all attachments thereto.
INCIDENTAL USE
Any use authorized herein that exists in addition to the principal use of the property.
SHELTER
A building for the protection and security of communications equipment associated with one (1) or
more Antenna 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 Antenna is prohibited.
SMALL WIRELESS FACILITY
An Antenna and associated equipment that meets the following:
An Antenna of no more than six cubic feet (6 ft ) in volume; and
All other associated equipment, to the extent permitted by applicable law to be calculated, of
cumulatively no more than twenty-eight cubic feet (28 ft ) in volume; provided that no single
piece of equipment on the Utility Pole shall exceed nine cubic feet (9 ft ) in volume, and no
single piece of ground mounted equipment shall exceed fifteen cubic feet (15 ft ) in volume.
SUPPORT STRUCTURE
A Tower or Disguised Support Structure.
TOWER
A structure designed for the support of one (1) or more Antenna and including guyed towers, self-
supporting (lattice) towers, or monopoles, but not Disguised Support Structures, Utility Poles, or
buildings. The term shall also not include any Support Structure that includes attachments of sixty-
five (65) feet or less in Height owned and operated solely for use by an amateur radio operator
licensed by the FCC.
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UTILITY POLE
A pole or similar structure that is or may be used for wireline communications, electric distribution,
lighting, traffic control, signage, or a similar function, which may also support a Small Wireless
Facility or "Fast-Track."
WIRELESS COMMUNICATIONS FACILITY
Any Antenna, Small Wireless Facility, "Fast-Track," Cabinet, Shelter, and Support Structure, and
associated equipment.
Section 491.030. Application Procedures; Timing.
[Ord. No. 3883, 12-20-2018]
Applications. Applications for permitted, administrative, or special uses pursuant to this Chapter
shall be subject to the supplementary procedures in this Chapter. Applications shall be submitted
to the City as a complete application on forms provided by the City. A "complete application" shall
be an application submitted on the forms provided by the City, fully executed by the applicant,
identifying the specific approval sought, and containing all attachments, fees as may be
established to reimburse the City for its inspection and review costs, and information as required
thereon or by the City, consistent with this Chapter. Applications shall be accompanied by a
building permit application and other applicable forms.
Proof Of Owner Consent. Applications for permitted, administrative, or special uses pursuant to
this Chapter shall be required to provide proof of owner consent, which shall minimally include:
Written consent to pursue the application by all fee simple owners of the underlying real
estate (or where located in street right-of-way, the right-of-way owner thereof), including when
the proposed location is also in a utility easement; and
Written consent to pursue the application of the owner of the structure on which such Facility
is to be placed, if different than applicant.
Timing. Applications shall be decided upon within a reasonable time, subject further to State or
Federal specific additional time requirements as may apply to the particular application.
Section 491.040. General Requirements; Administration.
[Ord. No. 3883, 12-20-2018]
Applicability. The requirements set forth in this Chapter shall be applicable to all Wireless
Communications Facilities within the City installed, built, or modified after the effective date of this
Chapter to the full extent permitted by law. Such zoning review and approvals required in this
Chapter shall be in addition to any other generally applicable permitting requirement, including
applicable building, excavation, or other right-of-way permits.
Principal Or Incidental Use. Towers may be either a principal or Incidental Use in all non-
residential zoning districts, subject to any applicable requirement relating to yard or setback.
An Incidental Use subject to a leasehold interest of a person other than the lot owner may be
approved for a Tower only if the leasehold area separately meets all requirements for a
separate subdivided lot, including dedicated access, parking, setbacks, and lot size,
applicable to a primary use in the district in which the use is proposed as if it was a separate
subdivided lot. No other district shall allow Towers unless required by law. All other wireless
facilities other than Towers, may be a principal or Incidental Use in all districts subject to the
requirements herein.
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Building Codes, Safety Standards, And Zoning Compliance. Wireless Communications
Facilities shall be constructed and maintained in compliance with all standards contained in
applicable State and local building codes. A certified engineer's structural report shall be
required for all applications to construct a new or modify, or any way alter, a Support
Structure, a Utility Pole, or Antenna, including Small Wireless Facility and "Fast-Track," unless
waived upon application to the Director stating why such report is unnecessary to the specific
application and a determination in the discretion of the Director approving such statement. In
addition to any other approvals required by this Chapter, no Wireless Communications Facility
or portion thereof shall be erected, replaced, or expanded prior to receipt of a Certificate of
Zoning Compliance, unless otherwise required by law, and the issuance of a Building Permit.
For sites within City right-of-way:
The most restrictive adjacent underlying zoning district classification shall apply unless
otherwise specifically zoned and designated on the Official Zoning Map,
Wireless Communications Facilities shall be installed and maintained as not to obstruct
or hinder the usual travel or public safety on the right-of-way or obstruct the legal use of
such right-of-way by authorities or authorized right-of-way users, and
Such use shall be required to obtain applicable permits and comply with the City's ROW
management rules and regulations set forth in Chapter 510.
Regulatory Compliance. All Wireless Communications Facilities shall meet or exceed current
standards and regulations of the FAA, FCC, and any other local, State, or Federal agency
with the authority to regulate Wireless Communications Facilities, and including all required
licenses, permits, and taxes applicable to such structure and/or modification. Should such
standards or regulations be amended, then the owner shall bring such devices and structures
into compliance with the revised standards or regulations within the time period mandated by
the controlling agency. No approval for any placement, construction, or modification of any
Wireless Communications Facilities permitted by this Chapter shall be granted for any
applicant having an uncured violation of this Chapter, any zoning regulation regarding the lot
on which the structure is proposed, or any other governmental regulatory, licensing, or tax
requirement applicable to such Wireless Communications Facilities within the City unless
preempted by applicable law. Modifications under 47 U.S.C. § 1455(a) shall be approved
without regard to zoning regulations regarding the lot on which the modification is proposed.
Security. All Wireless Communications Facilities shall be protected from unauthorized access
by appropriate security measures. A description of proposed security measures shall be
provided as part of any application to install, build, alter, or modify Wireless Communications
Facilities. Additional measures may be required as a condition of the issuance of a Building
Permit as deemed necessary by the Director or by the Board of Aldermen in the case of a
Special Use Permit.
Lighting. Antenna, Small Wireless Facilities, "Fast-Track," and Support Structures shall not be
lighted unless required by the FAA or other State or Federal agency with authority to regulate,
in which case a description of the required lighting scheme will be made a part of the
application to install, build, alter, or modify the Antenna, Small Wireless Facilities, "Fast-
Track," or Support Structure. Lighting may also be approved as a consistent component of a
Disguised Support Structure. Equipment Cabinets and Shelters may have lighting only as
approved by the Director or Board of Aldermen in the case of a Special Use Permit.
Signs. Except for a Disguised Support Structure in the form of an otherwise lawfully permitted
sign, the placement of advertising on Wireless Communications Facilities is prohibited other
than identification signage of not greater than one (1) square foot on ground equipment or
required safety signage.
Design.
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a.
b.
c.
d.
e.
f.
g.
Color. Subject to the requirements of the FAA or any applicable State or Federal agency,
Wireless Communications Facilities and attachments shall be painted a neutral color
consistent with the natural or built environment of the site or an alternative painting
scheme approved by the Director, or the Board of Aldermen in the case of Special Use
Permits, consistent with the requirements of this Chapter. Unpainted galvanized steel
Support Structures are not permitted.
Ground Equipment. When authorized, equipment Shelters or Cabinets shall have an
exterior finish reasonably compatible with the natural or built environment of the site and
shall also comply with any design guidelines as may be applicable to the particular
zoning district in which the facility is located unless not feasible. All equipment shall be
either placed underground, contained in a single Shelter or Cabinet, or wholly concealed
within a building or approved walled compound.
Antenna Design. Antennas attached to a Disguised Support Structure shall be contained
within the Disguised Support Structure or within or mounted flush on the surface of the
Disguised Support Structure so as not to defeat the disguised design. Antennas attached
to a Tower shall be contained within the Tower or mounted flush on the surface of the
Tower to which they are mounted. All Antennas attached to an existing building, Utility
Pole, or structure shall be of a color matching the surface to which they are mounted.
Antennas on the rooftop or attached to a building shall be screened or constructed and/or
colored to match the structure to which they are attached. All Antennas shall be designed
to be disguised and maximally concealed on or within the Support Structure or other
structure. Exposed Antennas on crow's nest or other visible platforms or extensions are
prohibited.
Height. Support Structures and Antenna shall be no taller than necessary and shall not
exceed the height limitation of any airport overlay zone as may be adopted by the City or
other regulatory agency. Support Structures may exceed underlying zoning district height
restrictions for buildings and structures only where shown to be necessary, provided that
no reasonable and feasible alternative exists. To the extent permitted by applicable law,
district height restrictions shall be considered by the City in determining the
appropriateness of the design and location of the application under the applicable
standards for approval. No Support Structure shall be approved at a Height exceeding
one hundred twenty (120) feet AGL unless the applicant clearly demonstrates that such
Height is required for the proper function of the applicant's system.
Monopole Design. All Towers shall be of a monopole design. Lattice, guyed Towers, or
other non-monopole Tower designs shall not be permitted.
Compound Walls/Landscaping. All Towers shall be surrounded by a minimum of a six-
foot high decorative wall constructed of brick, stone, or comparable masonry materials
and a landscape strip of not less than ten (10) feet in width and planted with materials,
which will provide a visual barrier to a minimum Height of six (6) feet. The landscape strip
shall be exterior to any security wall. In lieu of the required wall and landscape strip, an
alternative means of screening may be approved by the Director, or by the Board of
Aldermen in the case of a Special Use Permit, upon demonstration by the applicant that
an equivalent degree of visual screening will be achieved. Landscaping or other
improvements may be required for Disguised Support Structures if needed to implement
an approved disguise.
Setbacks. All Support Structures, including any portions of any wireless Communications
Facilities thereon and associated structures, fences, and walls (except for parking
associated with the Wireless Communications Facility) shall be separated from any
public right-of-way, sidewalk or street, alley, parking area, playground, or other building,
and from the property line of any adjacent property at least a horizontal distance equal to
the Height of the Support Structure, including any portions of any Wireless
Communications Facilities thereon. In addition, a Tower must be located more than
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h.
i.
j.
8.
9.
10.
B.
A.
seventy-five (75) feet from any residential dwelling unit and at least one hundred (100)
feet from any trail, park, or outdoor recreation area, and no Tower that is readily visible
from off-site shall be installed closer than one-half (1/2) mile from another readily visible
Tower unless it is situated on a multiple-user site, or blends with the surrounding existing
natural and man-made environment in such a manner as to be effectively unnoticeable.
Storage. Vehicle or outdoor storage on any Wireless Communications Facilities site is
prohibited, unless otherwise permitted by the zoning district.
Parking. On-site parking for periodic maintenance and service shall be provided at all
Support Structure locations consistent with the underlying zoning district and the type of
Support Structure approval granted.
Decorative Poles. In districts where there are Utility Poles which were specifically
designed for their aesthetic nature and compatibility with the built environment of that
district, as determined by the City, such Utility Poles shall be deemed to be decorative
Utility Poles. Such decorative Utility Poles, when authorized to be replaced by an
applicant for Wireless Communications Facilities pursuant to applicable law and in
compliance with this Chapter and Code, shall only be replaced with a substantially similar
decorative Utility Pole which matches the aesthetics and decorative elements of the
original decorative Utility Pole being replaced. Such replacement expenses shall be bore
wholly by the applicant seeking to place Wireless Communications Facilities on such
decorative Utility Pole.
Public Property. Wireless Communications Facilities located on property owned, leased, or
otherwise controlled by the City shall be subject to the requirements of this Chapter. A license
or lease with the City authorizing the location of such Wireless Communications Facilities
shall be required for each site.
As-Built Plans. Within sixty (60) days of completion of the initial construction and any
additional construction, two (2) complete sets of plans drawn to scale and certified as
accurately depicting the location of all Wireless Communications Facilities constructed shall
be furnished to the City.
Historic Preservation; Thirty-Day Hearing Period. To the extent permitted by law, approval
shall not be issued for any Wireless Communications Facility that the Director or Board of
Aldermen determines would create a significant negative visual impact or otherwise have a
significant negative impact on the historical character and quality of any property within a
Historic Preservation District or such District as a whole. For collocation of any certified
historic structure as defined in Section 253.545 RSMo., in addition to all other applicable time
requirements, there shall be a thirty-day time period before approval of an application during
which one (1) or more public hearings on collocation to a certified historic structure are held.
The City may require reasonable, technically feasible and technological neutral design and
concealment measures as a condition of approval of a Wireless Communications Facility
within a historic district.
Administration. The Director shall have the authority to establish forms and procedures consistent
with this Chapter and applicable Federal, State, and local law to ensure compliance and to
facilitate prompt review and administration of applications.
Section 491.050. Permitted Use.
[Ord. No. 3883, 12-20-2018]
Permitted Use. The placement of Wireless Communications Facilities fully conforming with the
General Requirements in this Chapter are permitted in all zoning districts only as follows:
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1.
2.
3.
a.
b.
c.
d.
e.
f.
g.
h.
i.
ii.
(1)
i.
4.
Collocations On Existing Support Structures. The attachment of additional or replacement
Antenna, including Small Wireless Facilities and "Fast-Track," and associated equipment to
any existing Support Structure or Utility Pole or as otherwise authorized by State or Federal
law where local zoning is preempted, provided that building permit requirements, national
safety codes, and other applicable codes including recognized accepted industry standards
for structural, safety, capacity, reliability, and engineering are satisfied, including specifically
the requirement to submit a certified structural engineering report as provided in Section
491.040.
Antenna On High-Voltage Towers. The mounting of Antenna on or within any existing high-
voltage electric transmission Tower, but not exceeding the Height of such Tower by more than
ten (10) feet, provided that all requirements of this Chapter and the underlying zoning
ordinance are met, except minimum setbacks provided in this Chapter shall not apply.
Antenna On Existing Buildings/Structures. In all districts, except not on single-family
residential or two-family dwellings, the mounting of Antenna on any existing and conforming
building or structure (other than a Support Structure or Utility Pole) provided that the presence
of the Antenna and equipment is concealed by architectural elements or fully camouflaged or
concealed by painting a color identical to the surface to which they are attached, and further
provided that all requirements of this Chapter and the underlying zoning ordinance are met.
Collocation Of Small Wireless Facilities On Utility Poles. In accordance with Section 67.5112,
RSMo., a Wireless Provider may collocate Small Wireless Facilities and install, maintain,
modify, operate, and replace Utility Poles, at Heights below the Height limitations outlined in
this Subdivision, which shall be a permitted use in all districts except within single-family
residential and historic districts provided the proposed installation does not:
Materially interfere with the safe operation of traffic and control equipment or City-owned
communications equipment;
Materially interfere with compliance with the American Disabilities Act, or similar Federal
or State standards regarding pedestrian access or movement;
Materially obstruct or hinder the usual travel or public safety on the rights-of-way;
Materially obstruct the legal use of the rights-of-way by the City, utility, or other third-
party;
Fail to comply with the spacing requirements within Section 510.050(D)(1);
Fail to comply with applicable national safety codes, including recognized engineering
standards for Utility Poles or Support Structures;
Fail to comply with the decorative pole replacement requirements herein;
Fail to comply with undergrounding requirements within Section 510.050(D)(1); or
Interfere or impair the operation of existing utility facilities, or City or third-party
attachments.
New, replacement, or modification of Utility Poles under the following circumstances shall
not be considered a permitted use under this section:
Proposals to construct or modify a Utility Pole which exceeds the greater of:
Fifty (50) feet AGL; or
More than ten (10) feet above the tallest existing Utility Pole as of January 1,
2019, within five hundred (500) feet of the proposed Utility Pole in the City; and
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(2)
B.
1.
(1)
a.
2.
A.
Proposals to collocate on an existing Utility Pole in place on August 28, 2018, which
exceeds the Height of the existing Utility Pole by more than ten (10) feet.
Application Procedure. Application for a Permitted Use under this Section shall require submission
of an application with proof of owner consent as required by Section 491.030 and an application
fee of one hundred dollars ($100.00) per Small Wireless Facility and an application fee of five
hundred dollars ($500.00) for the installation, modification, or replacement of a Utility Pole and
collocation of a Small Wireless Facility thereon, as required to partly cover the City's actual costs,
and not to exceed such amounts as may be limited by law. If the applicant is not a Wireless
Services Provider, as defined by Section 67.5111, RSMo., then the applicant must submit
evidence of agreements or plans, or otherwise provide attestations to the same, which
conclusively demonstrate to the City that the proposed site(s) will become operational and used by
such Wireless Services Provider within one (1) year of the permit's issuance date. For any
application for a Small Wireless Facility, the applicant shall provide an attestation that the
proposed Small Wireless Facility complies with the volumetric limitations as required to meet the
definition of a Small Wireless Facility in accordance with this Chapter and pursuant to applicable
law. Applicant shall also submit a certified structural analysis as required in the General
Requirements of this Chapter. Applications requesting any information that is prohibited by
Federal or State law under the applicable circumstance shall be deemed inapplicable to the
subject application. The Director shall issue a decision on the application for a permitted use
within the time-frame permitted by applicable law. A decision to deny an application shall be made,
in writing, and state the specific reasons for the denial.
Section 491.060. Administrative Approval.
[Ord. No. 3883, 12-20-2018]
Administrative Approval. The placement of Wireless Communications Facilities fully conforming
with the General Requirements in this Chapter are permitted in all zoning districts by
Administrative Permit approved by the Director only as follows:
Disguised Support Structures. The construction of a Disguised Support Structure, provided
that all related equipment shall be placed underground or concealed within the structure.
Equipment may be placed in an appropriately concealed Cabinet if the Disguised Support
Structure is incidental to an industrial, commercial, or other non-residential use and fits with
the natural built environment or the Disguised Support Structure. Any Disguised Support
Structure shall have as a condition of approval, unless expressly exempted in the approval,
an obligation and corresponding covenant recorded on the property that runs with the land to
the benefit of the City on behalf of the public, prohibiting modifications to the Disguised
Support Structure that defeats the disguise, unless such proposed modification is approved
by a duly authorized zoning or special use approval approved. If the applicant does not wish
to have such a covenant, the application shall not qualify for Administrative Permit approval,
unless another mechanism is proposed and approved to ensure that the disguise is not
subsequently defeated. A Disguised Support Structure proposed to be located within a public
or private right-of-way may be exempted from the General Requirements of this Chapter
relating to parking/access and setbacks, unless determined by the Director as applicable to
the specific location for safety reasons or other applicable reasons.
"Fast-Track" Small Wireless Facilities. An application for a "Fast-Track" Small Wireless
Facility may be approved administratively by the Director, subject to meeting the following
requirements:
General Requirements. The following requirements shall generally apply to all "Fast-
Track" Small Wireless Facilities located within the City:
The "Fast-Track" shall substantially match any current aesthetic or ornamental
elements of the Existing Structure or Utility Pole, or otherwise be designed to
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(2)
(3)
(4)
(1)
(2)
(3)
b.
(1)
(2)
c.
a.
1.
B.
maximally blend in to the built environment, with attention to the current uses within
the district at the proposed site;
Any portion above the Existing Structure or Utility Pole shall be concealed and of the
same dimensions and appearance so as to appear to be a natural extension of the
Existing Structure or Utility Pole in lieu of an enclosure or concealment;
The "Fast-Track" equipment shall not emit noise audible from the building line of any
residentially zoned or used property; and
Location, placement, and orientation of the "Fast-Track" shall, to the extent feasible,
minimize the obstruction to, or visibility from, the closest adjacent properties unless
otherwise required by the City for safety reasons.
Additional Requirements When Sited Near Pedestrian And Vehicle Ways. When a "Fast-
Track" is proposed to be located on an Existing Structure or Utility Pole on or adjacent to
public or private streets, sidewalks, or other pedestrian or vehicle ways:
The Height of all portions of the "Fast-Track" shall be located at least eight (8) feet
above ground level;
No ground equipment shall be permitted; and
No portions of the "Fast-Track" shall extend horizontally from the surface of the
Utility Pole or Existing Structure more than sixteen (16) inches.
Waiver For Good Cause Shown. Additionally, the Director may for good cause shown
increase any one (1) or more of the maximum volumetric specifications from the
definition of a "Fast-Track" by up to fifty percent (50%) if the applicant demonstrates that
it:
Does not in any location nationally use equipment capable of meeting the
specifications and the purpose of the equipment; and
Cannot feasibly meet the requirements as defined and described.
The Board of Aldermen may further waive one (1) or more of the requirements found in
the definition of "Fast-Track," or from: a. General Requirements, or b. Additional
Requirements When Sited Near Pedestrian or Vehicle Ways of this Subdivision, upon
good cause shown by the applicant, and provided a showing that the waiver is the
minimum necessary to accomplish the purposes of this Chapter. The burden of proof for
any waiver shall be wholly on the applicant and must be shown by clear and convincing
evidence.
Application Procedures. Applications for Administrative Permits shall be made on the appropriate
forms to the Director consistent with the requirements of this Chapter. Applications requesting any
information that is prohibited by Federal or State law under the applicable circumstance shall be
deemed inapplicable to the subject application.
General Application Requirements. Applicant shall submit along with its completed application
form:
An application fee of one hundred dollars ($100.00) per "Fast-Track" and an application
fee of not more than five hundred dollars ($500.00) for an application for a Disguised
Support Structure and collocation of a Small Wireless Facility thereon as required to
partly cover the City's actual costs, and not to exceed such amounts as may be limited by
law; any amount not used by the City shall be refunded to the applicant upon written
request after a final decision;
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b.
c.
d.
e.
f.
g.
a.
b.
2.
3.
4.
5.
A detailed site plan, based on a closed boundary survey of the host parcel, shall be
submitted indicating the exact location of the facility, all dimensions and orientations of
the facility and associated equipment, in addition to all existing and proposed
improvements including buildings, drives, walkway, parking areas, and other structures,
public right-of-way, the zoning categories of the subject and adjoining properties, the
location of and distance to off-site residential structures, required setbacks, required
buffer and landscape areas, hydrologic features, and the coordinates and Height AGL of
the Utility Pole, or Existing Structure, if applicable;
Specifications, dimensions, photos, or drawings of the completed installation;
Proof of owner consent as required by Section 491.030;
Certified structural analysis as required in the General Requirements of this Chapter;
If the applicant is not a Wireless Services Provider, as defined by Section 67.5111,
RSMo., then the applicant must submit evidence of agreements or plans, or otherwise
provide attestations to the same, which conclusively demonstrate to the City that the
proposed site(s) will become operational and used by a Wireless Services Provider within
one (1) year of the permit's issuance date; and
All other information necessary to show compliance with the applicable requirements of
this Chapter.
"Fast-Track" — Specific Application Requirements. In addition to the above General
application requirements, applications for a "Fast-Track" shall include the following:
An attestation that the proposed "Fast-Track" meets the volumetric and other
requirements to meet the definition of "Fast-Track" provided in this Chapter; and
Information demonstrating that the applicant's proposed plans are in compliance with
Section 67.5113.3(9), RSMo., to the satisfaction of the City.
Review. The application shall be reviewed by the Director to determine compliance with the
above standards, including specifically, design, location, safety, and appearance requirements
and transmit the application for review and comment by other departments and public
agencies as may be affected by the proposed facility.
Additional Information May Be Required. In reviewing an application, the Director may require
the applicant to provide additional information, including technical studies, to the extent
permitted by applicable law. An application shall not be deemed complete until satisfaction of
all application requirements and submission of all requested information as provided herein.
Decisions; Denials Required In Writing. The Director shall issue a decision on the permit
within the time-frame permitted by applicable law. The Director may deny the application or
approve the application as submitted or with such modifications or conditions as are, in
his/her judgment, reasonably necessary to protect the safety or general welfare of the citizens
and property values consistent with and to affect the purposes of this Chapter and subject to
applicable law. The Director may consider the purposes of this Chapter and the factors
established herein for granting a Special Use Permit as well as any other considerations
consistent with the Chapter. A decision to deny an application shall be made, in writing, and
state the specific reasons for the denial.
Section 491.070. Special Use Permit Required.
[Ord. No. 3883, 12-20-2018]
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1.
2.
3.
a.
b.
c.
d.
4.
A. Special Use Permit Required. All proposals to construct or modify a Wireless Communications
Facilities not permitted by Section 491.050 (Permitted Use) or Section 491.060 (Administrative
Approval) or not fully complying with the General Requirements of this Chapter, except for
modifications under 47 U.S.C. § 1455(a) which must be approved, shall be permitted only upon
the approval of a Special Use Permit authorized consistent with Section 420.020 following a duly
advertised public hearing by the Planning and Zoning Commission, subject to the following
additional requirements, procedures, and limitations:
Applications. Applications for Special Use Permits shall be filed on such forms required by the
Director and processed subject to the requirements of and in the manner established by
applicable law, herein, and for Special Use Permits in the Zoning Code and, in addition to
such other requirements, shall be accompanied by a deposit of one thousand five hundred
dollars ($1,500.00), to the extent permitted by applicable law to the specific Wireless
Communications Facility. Any amount not used by the City shall be refunded to the applicant
upon written request after a final decision. Except as otherwise provided by law, no
application for a Special Use Permit under this Section shall be deemed complete until the
applicant has paid all fees and deposits required under this Chapter, submitted certified
engineering plans, and provided proof of owner consent as required by Section 491.030.
Applications requesting any information that is prohibited by Federal or State law under the
applicable circumstance shall be deemed inapplicable to the subject application.
Decision And Findings Required. A decision shall be contemporaneously accompanied by
substantial evidence supporting the decision, which shall be made a part of the written record
of the meeting at which a final decision on the application is rendered. Evidence shall be
under oath and may be submitted with the application or thereafter or presented during the
public hearing by the applicant or others.
Additional Minimum Requirements. No Special Use Permit shall be issued unless the
applicant has clearly demonstrated by substantial evidence that placement of Wireless
Communications Facilities pursuant to Section 491.050 (Permitted Use) or Section 491.060
(Administrative Approval) of this Chapter is not technologically or economically feasible. The
City may consider current or emerging industry standards and practices, among other
information, in determining feasibility.
Findings Required. In addition to the determinations or limitations specified herein and by the
applicable provisions of Section 420.020 of this Zoning Code for the consideration of Special
Use Permits, no Special Use Permit shall be approved by the Board of Aldermen unless
findings in the affirmative are made that the following conditions exist:
That the design of the Wireless Communications Facilities, including ground layout,
maximally reduces visual degradation and otherwise complies with provisions and intent
of this Chapter;
That the design is visually compatible with the area, will not distract from the view of the
surrounding area, is maximally concealed or blended in with the environment, and will not
adversely affect property values;
That such use shall not be inconsistent or adversely affect the regular permitted uses in
the district in which the same is located; and
That the proposal fully complies with applicable law including the General Requirements
herein; provided that an exception to the General Requirements, other than building or
safety code compliance, may be approved upon evidence that compliance is not feasible
or is shown to be unreasonable under the specific circumstances shown.
Section 491.080. Commercial Operation Of Unlawful Wireless
Communications Facilities.
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[Ord. No. 3883, 12-20-2018]
Notwithstanding any right that may exist for a governmental entity to operate or construct Wireless
Communications Facilities, it shall be unlawful for any person to erect or operate for any private
commercial purpose any Wireless Communications Facilities in violation of any provision of this
Chapter, regardless of whether such Wireless Communications Facilities are located on land owned by
a governmental entity.
Section 491.090. Removal Of Support Structure.
[Ord. No. 3883, 12-20-2018]
Any Wireless Communications Facility or portion thereof that is no longer in use for its original
communications purpose shall be removed at the owner's expense. In the case of multiple operators
sharing use of a single Support Structure, this provision requiring removal of the Support Structure
shall not become effective until all users cease operations.
Section 491.100. Penalty.
[Ord. No. 3883, 12-20-2018]
Except as may otherwise be provided by law, any person violating any provision in this Chapter shall
be subject to penalties set forth in Section 100.060.
Section 491.110. Appeals.
[Ord. No. 3883, 12-20-2018]
The procedures of the Board of Adjustment, shall govern appeals by any aggrieved person of a final
action under this Chapter of any City Officer, employee, board, commission, or the Board of Aldermen
that are claimed by an aggrieved person to be unlawful or an unconstitutional taking of property without
compensation. To the fullest extent permitted by law, the review procedures of the Board of Adjustment
shall be exhausted before any action may be filed in any court against the City or its officers,
employees, boards, officials or commissions. Nothing herein shall be deemed to unlawfully limit any
remedy that is required to be available as a matter of law.
Chapter 495. Driveway Regulations
Editor's Note — Ordinance no. 3001 §1, adopted December 23, 2008, repealed title IV in its entirety.
See editor's note at beginning of title IV.
Section 495.010. Applicability.
[Ord. No. 3001 §1, 12-23-2008]
The provisions of this Chapter shall apply to the construction or reconstruction of all driveways and/or
curb cuts in the respective zoning districts.
Section 495.020. All Single-Family Residential Districts.
[Ord. No. 3001 §1, 12-23-2008]
Interior Lots.
On all lots up to two hundred (200) feet wide at the right-of-way, one (1) driveway not more
than thirty (30) feet or thirty-five percent (35%) of lot width, whichever is less, from the right-
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a.
b.
c.
d.
2.
1.
2.
B.
1.
2.
3.
4.
5.
6.
A.
1.
B.
of-way to the front building line shall be permitted. For radii, the width may be increased by
not more than ten (10) feet at the edge of the pavement.
On all lots in excess of two hundred (200) feet wide at the right-of-way, the following shall
apply:
One (1) driveway not to exceed twenty-four (24) feet in width from the right-of-way to the
front setback line. For radii, the width may be increased by not more than ten (10) feet at
the edge of pavement.
Two (2) driveways with an aggregate width from the right-of-way to the front setback line,
not to exceed forty-four (44) feet, shall be allowed, provided that a minimum of one
hundred (100) feet is required between driveways at the right-of-way. A maximum of ten
(10) feet may be added for radii of each driveway at the edge of the pavement.
A wider driveway may be permitted behind the front setback line to serve three-car
garages and turnarounds.
A circular driveway may be permitted if the pavement width is less than eighteen (18)
feet.
Corner Lots.
Corner lots may be considered as two (2) interior lots if the width at the right-of-way is greater
than two hundred (200) feet on each street in order to allow one (1) driveway on each
frontage, provided however, that not more than two (2) driveways shall be allowed per lot.
On any corner lot, no driveway shall be permitted to be closer than thirty (30) feet to the point
of intersection of the right-of-way tangents.
Section 495.030. Commercial, Multi-Family Residential Districts.
[Ord. No. 3001 §1, 12-23-2008]
Single Entrance And Exit Driveways.
The minimum width of entrance and exit driveways shall be fourteen (14) feet at the right-of-
way.
The maximum width of entrance driveways shall be eighteen (18) feet at the right-of-way.
The maximum width of exit driveways shall be twenty-four (24) feet at the right-of-way.
There shall be a minimum distance of eighty (80) feet between driveways measured at the
right-of-way.
The minimum distance from the point of intersection of the tangents of the right-of-way shall
be eighty (80) feet on corner lots.
All driveways shall be constructed with a minimum radius of twenty (20) feet. The maximum
radius shall be forty (40) feet unless it is determined by the Department of Public Works that a
larger radius is required to provide adequate turning movements.
Combined Entrance/Exit Driveways.
The minimum width of combination entrance/exit driveways shall be twenty-four (24) feet at
the right-of-way.
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2.
3.
4.
5.
A.
B.
C.
D.
E.
A.
1.
2.
B.
C.
D.
E.
The maximum width of combination entrance/exit driveways shall be thirty-six (36) feet at the
right-of-way, except that the maximum width may be increased to forty-two (42) feet in order
to allow one (1) island not to exceed six (6) feet in width between the entrance and exit.
The minimum distance from the point of intersection of the tangents of the right-of-way shall
be one hundred twenty (120) feet.
The minimum radius for all driveways shall be twenty (20) feet. The maximum radius shall be
forty (40) feet unless determined by the Department of Public Works that a larger radius is
required to provide adequate turning movements.
The minimum distance between driveways on the same lot shall be one hundred twenty (120)
feet at the right-of-way.
Section 495.040. Industrial Districts (Including Truck Ports).
[Ord. No. 3001 §1, 12-23-2008]
The minimum width of driveways shall be twenty-four (24) feet measured at the right-of-way.
The maximum width of driveways shall be thirty-six (36) feet measured at the right-of-way.
The minimum distance from the point of intersection of the right-of-way tangents shall be one
hundred fifty (150) feet.
The minimum distance between two (2) driveways on the same lot shall be two hundred (200) feet
measured at the right-of-way.
The minimum radii for all driveways shall be twenty (20) feet.
Note: The width, number of driveways or radii may be increased or decreased as determined by
the Department of Public Works to provide for high traffic volumes or movement of large trucks.
Section 495.050. General Regulations For All Driveways.
[Ord. No. 3001 §1, 12-23-2008]
All driveways must be paved with concrete or asphaltic materials.
Any portion of all driveways in right-of-way shall be paved with concrete.
Residential driveways shall be a minimum of six (6) inches of concrete within the right-of-way
on four (4) inches of compacted aggregate base.
Commercial and industrial driveways (including multi-family) shall be a minimum of eight (8)
inches of concrete within the right-of-way on four (4) inches of compacted aggregate base.
Residential driveways constructed of concrete shall be a minimum of four (4) inches on four (4)
inches of compacted aggregate base on private property.
Residential driveways constructed of asphaltic materials shall be a minimum of four (4) inches of
Type "C" asphalt on six (6) inches of compacted aggregate base on private property.
Commercial and industrial driveways (including multi-family) constructed of concrete shall be a
minimum of eight (8) inches in depth within the right-of-way on four (4) inches of compacted
aggregate base and a minimum of six (6) inches in depth on private property on four (4) inches of
compacted aggregate base.
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F.
[1]
A.
B.
C.
1.
2.
D.
A.
Commercial and industrial driveways (including multi-family) constructed of asphaltic materials
shall be a minimum of four (4) inches in depth on six (6) inches of compacted aggregate base on
private property.
Exception: Driveways in the "R-1" Single-Family Residential Districts shall be exempt from the
surface requirements on private property.
Chapter 496. Off-Street Parking and Loading Requirements
Section 496.010. Scope of Provisions.
[Ord. No. 4034, 5-28-2020[1]]
The regulations contained in this Chapter shall govern the size, number, location, and design of all Off-
Street Parking Areas in the City as required for each land use, activity, building, or structure permitted
by this Title.
Editor's Note: Former Chapter 496, Off-Street Parking and Loading Requirements, containing Sections
496.010 through 496.200, was repealed 5-28-2020 by Ord. No. 4034.
Section 496.020. General Requirements For Off-Street Parking
Areas.
[Ord. No. 4034, 5-28-2020]
No Off-Street Parking Space required under this Chapter shall be used for any other purpose.
No Off-Street Parking Area shall project beyond any required buffer area, building setback, or
building line, except as otherwise provided for in the specific regulations of that Zone District.
Driveways leading to an Off-Street Parking Area shall not be used for parking.
All required Off-Street Parking Areas shall be provided on the same parcel of land as the use to be
served, except as follows:
Alternate off-street parking location provisions specified in the regulations of that Zone
District.
Shared Off-Street Parking Areas for two (2) or more uses may be provided wherein said
Parking Areas are less than three hundred (300) feet from the property to be served. The total
required Off-Street Parking Spaces for all uses participating in an approved shared Off-Street
Parking Area shall not be less than the sum of the parking required for each use individually.
All requests for shared Off-Street Parking Area approval shall be submitted to the Community
Development Department and accompanied by a report with data and information setting
forth justification for such request, including signed agreements from all participants.
Section 496.030. Minimum Off-Street Parking Space
Dimensions.
[Ord. No. 4034, 5-28-2020]
The regulations of this Section shall govern the dimensions of the Off-Street Parking Spaces in all
Zone Districts.
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B.
C.
D.
E.
F.
G.
A.
B.
C.
The requirements for Off-Street Parking Spaces shall meet the minimum dimensions in the
following table:
A B C D E F G
45°9.0 19.7 14.0 12.7 53.4 47.1
*65° ±5°9.0 21.0 18.0 10.5 60.0 55.5
90°9.0 19.0 24.0 9.0 62.0
A Parking Space angle (degrees)
B Parking Space width (feet)
C 19 feet minimum stall to curb (feet)
D**Aisle width (feet)
E Curb length per car (feet)
F Curb to curb (feet)
G Center-to-center width of double row with aisle between (feet)
*Dimensions in columns C, E, F, and G will adjust, depending on the angle used.
**Additional width may be required where the aisle serves as the principal means of
access to on-site buildings or structures.
In the event that the desired Off-Street Parking Space angle is not specified by the above table,
the Director may specify other equivalent dimensions associated with the desired parking angle by
interpolating from dimensions listed in the table.
A dimension of eight and one-half (8 1/2) feet by eighteen (18) feet may be permitted for Off-Street
Parking Spaces provided in excess of the minimum requirements as set forth in this Chapter when
designated for compact car use.
On-site parallel Off-Street Parking Spaces shall be nine (9) feet by twenty-two (22) feet adjacent to
a twenty-two-foot two-way lane or a fifteen-foot one-way lane.
Curbed islands are required at the ends of aisles where necessary, as reasonable determined by
the Director, for traffic control or drainage.
The Director may approve the use of continuous curbs as wheel stops and thus measure the size
of Off-Street Parking Spaces to be two (2) feet less in length than otherwise required. In such
instances, the Off-Street Parking Space design shall allow for the vehicle to overhang the curb by
two (2) feet and such overhang area must be clear of all obstructions, signs, and trees and may
not encroach the required buffer area or setback.
Section 496.040. Procedure.
[Ord. No. 4034, 5-28-2020]
When a use is expanded or changed, Off-Street Parking Spaces and Loading Spaces shall be
provided in accordance with the regulations set forth in this Chapter for the area or capacity of
such expansion or change in combination with the previously existing use.
Every application for a new, enlarged, or remodeled building, structure, or use shall include a Site
Plan, in compliance with Chapter 447 and drawn to scale and fully dimensioned, showing the Off-
Street Parking Area, including all Off-Street Parking or Loading Spaces.
A Land Disturbance Permit is required for grading and stormwater runoff for construction of any
new, enlarged, or remodeled Off-Street Parking Areas. The application shall be accompanied by a
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A.
B.
C.
A.
B.
C.
Site Plan in compliance with Chapter 447, to be reviewed and approved, if appropriate, by the
Director. Any deviation from the approved Site Plan shall constitute a violation of this Chapter.
Section 496.050. Modified Parking Demand.
[Ord. No. 4034, 5-28-2020]
When any building or structure undergoes a change of use or any increase in gross floor area, or
seating capacity, Off-Street Parking and/or Loading Spaces shall be increased to equal or exceed
the required Off-Street Parking or Loading Space requirements of the Chapter. An Occupancy
Permit shall not be issued until provision is made for the increased amount of required off-street
parking.
If the building is being constructed as a shell for a future office/warehouse use, the number of
required Off-Street Parking Spaces shall be calculated based on a minimum of twenty-five percent
(25%) of the building being utilized for an office use and the remainder of the building being
utilized for warehouse use.
When a building or structure undergoes a decrease in gross floor area due to interior space re-
allotment or design, a decrease in seating capacity, a permanent decrease in number of
employees, or other unit of measurement, the available Off-Street Parking and Loading Spaces
may be reduced accordingly. Remaining Off-Street Parking Spaces or Loading Spaces must at
least equal or exceed the Off-Street Parking or Loading Space requirements of the entire building,
activity, or structure as modified.
Section 496.060. Driveway Regulations.
[Ord. No. 4034, 5-28-2020]
See Chapter 495 for driveway regulations.
Section 496.070. Ingress And Egress.
[Ord. No. 4034, 5-28-2020]
All Driveways to Off-Street Parking Areas from a public right-of-way shall be subject to specific
approval by the City in accordance with any additional requirements contained in appropriate
ordinances to ensure the smooth and safe circulation of vehicles to and from the public street system.
In no event shall any Off-Street Parking Areas, be designed in a manner requiring the backing out of
vehicles into public rights-of-way, except for detached or attached single-family dwellings.
Section 496.080. Design And Maintenance Of Off-Street Parking
Areas.
[Ord. No. 4034, 5-28-2020]
Except as otherwise provided for in this Chapter for Loading Spaces, all Off-Street Parking Areas
shall be a minimum of four (4) inches asphalt with not less than seven (7) inches crushed rock
base or not less than six (6) inches concrete with four (4) inches crushed rock base.
Alternate paving surfaces may be considered for approval under Site Plan Review when such
surface is an integral design element of the property and deemed consistent with sound planning
and construction standards
All Off-Street Parking Areas shall be designed to meet the ADA (American with Disabilities Act).
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D.
E.
F.
G.
H.
I.
Internal drives or aisles, pedestrian walks, open spaces, and Parking/Loading Spaces shall be
designed as integral parts of an overall Off-Street Parking Area design to achieve an adequate,
safe, and convenient arrangement for pedestrian and traffic circulation.
Landscaped, paved, and comfortably graded pedestrian walks shall be provided along the lines of
the most intense use, particularly from building entrances to streets, parking areas, and adjacent
buildings.
The materials used in the design of paving, lighting fixtures, retaining walls, fences, curbs, and
benches shall be of good appearance, easily maintained, and indicative of their function.
Off-Street Parking Areas shall be designed with adequate stormwater drainage facilities to prevent
damage or inconvenience to abutting property and/or public streets and alleys.
Off-Street Parking Areas shall be kept clear of trash and debris and shall be maintained free of
surfaces defects.
All Off-Street Parking and Loading Spaces shall be marked by durable painted lines at least four
(4) inches wide and extending the length of the space or by curbs or other means reasonably
approved by the Director to indicate individual Parking Spaces. Signs or markers located on the
surface within an Off-Street Parking Area shall be used as deemed necessary by the Director to
ensure efficient and safe traffic operation of the area.
Section 496.090. Repair, Service Or Sales Use Of Parking
Facilities.
[Ord. No. 4034, 5-28-2020]
It shall be unlawful for the owner, operator, lessee, or attendant of any Off-Street Parking Area to
permit motor vehicle repair work, service, vending, selling, offering for sale, or display of merchandise,
unless permitted otherwise in this Code.
Section 496.100. Reduction Of Required Parking Spaces.
[Ord. No. 4034, 5-28-2020]
The minimum Off-Street Parking Space requirements may be reduced in all Zone Districts, except for
detached and attached single-family dwellings, on approval of a Special Use Permit in compliance with
the provisions set forth in Section 420.020 of this Title. With each such Special Use Permit application,
the petitioner shall provide a parking study showing justification for a reduction in required Off-Street
Parking Spaces and that such reduction will not adversely impact future use of the subject or adjacent
properties.
Section 496.110. Lighting.
[Ord. No. 4034, 5-28-2020]
Lighting shall be provided to illuminate any Off-Street Parking Area to be used at night. Such lighting
shall be maintained, arranged, and installed to deflect, shade, and focus lights away from adjacent
properties. The height, type, spacing, and degree of light standard may be further regulated by the
Director in relation to specific site conditions or type of development. Parking lot lighting, when
provided, shall not exceed a maximum of five (5) foot-candles at a distance of fifteen (15) feet from the
base of a light standard, shall provide a minimum illumination of any parking area surface of not less
than one-half (1/2) foot-candle, and shall not be greater than one (1) foot-candle at any property line
adjoining a non-residential district. Illumination beyond the property line of any adjoining residential
district shall not exceed one-tenth (0.1) foot-candle.
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1.
2.
3.
A.
B.
C.
D.
Section 496.120. Off-Street Parking And Loading Space
Requirements.
[Ord. No. 4034, 5-28-2020]
Minimum parking space requirements in Section 496.120(D) do not include parking areas for the
following:
Paved areas used for storage and display of vehicles in conjunction with an approved
Automotive Sales and/or Services, Commercial Motor Vehicle Dealers or Commercial Motor
Vehicle Repair, or Recreational Vehicle Sales or Construction Equipment Dealer use on the
same premises.
Paved areas used for the storage of Automobiles and Commercial Motor Vehicles used in
support of the approved and permitted use on the same premises.
Outdoor Storage Areas related to a use on the same premises.
When the determination of the number of required Off-Street Parking Spaces results in a
requirement of a fractional space, any fraction of one-half (1/2) space or less should be
disregarded and any fraction over one-half (1/2) space shall count as one (1) space.
Off-Street Parking Spaces required on an employee basis shall be based on the number of
employees on the maximum shift.
The following uses shall provide Off-Street Parking and Loading Spaces as follows:
Use
Minimum Parking Space
Requirement
Minimum Loading Space
Requirement
Animal Hospital 3 spaces for every doctor, plus
1 space for every employee
on the maximum shift
None
Art Dealer or Artisan,
Craftsman, and Photography
Studio
1 space per 500 square feet of
floor area
None
ATM Facility See Chapter 450 — Drive-
Through Services
Automotive Collision Shop
Commercial Motor Vehicle
Repair
1 space for every employee
on the maximum shift, plus 3
spaces for every service bay
None
Automotive Convenience
Store
1 space for every fuel
dispenser, plus 3.5 spaces for
every 1,000 square feet of
retail floor area
None
Automotive Customizing Shop
Automotive Service Store
1 space for every employee
on the maximum shift, 3
spaces for every service bay,
and 3 spaces for every 1,000
square feet of retail sales area
None
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Use
Minimum Parking Space
Requirement
Minimum Loading Space
Requirement
Automotive Sales (New and
Used) Commercial Motor
Vehicle Dealer Recreational
Vehicle Sales
3 spaces for every 1,000
square feet of floor area of
sales and showroom/office
area and 3 spaces for every
service bay.
Table 1
Automotive Washing Facility See Chapter 450 — Drive-
Through Services
None
Places of Public Assembly,
including:
1 space for every 4 fixed seats
(1 seat equals 2 feet of bench
length) or 1 space for every 3
persons based on building
occupancy load.
Table 2
Banquet Facility
Convention Center
Club and Civic Lodge
Entertainment Facility or
Theater
Recreational Facility, Indoor
Unlimited (unless otherwise
noted herein)
Recreational Facility, Indoor
Limited (unless otherwise
noted herein)
Auditorium
Gymnasium
Bed and Breakfast Inn 2 spaces, plus 1 space for
every rentable bedroom
None
Church 1 space for every 4 seats (1
seat equals 2 feet of bench
length) in the main assembly
room
None
Financial Institution
4 spaces for every 1,000
square feet of floor area Table 1
Retail Store
Healing Arts Establishment
Liquor Store
Medical Marijuana Dispensary
Facility
Pet Supply Store
Pharmacy
Used Merchandise Store
Other Commercial, Retail or
Service Uses not otherwise
listed in this Section
Community Center 10 spaces, plus 1 additional
space for each 300 square
feet of floor area in excess of
2,000 square feet
Table 2
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Use
Minimum Parking Space
Requirement
Minimum Loading Space
Requirement
Construction Equipment
Dealer
3 spaces for every 1,000
square feet of floor area of
office, sales or showroom
area, plus 2 spaces for every
1,000 square feet of
warehouse area or 1 space for
each employee on the
maximum shift, whichever is
greater
Table 1
Day Care Facility 1 space per 5 children, plus 1
space per employee
None
Drive-Through Service See Chapter 450 None
Dwelling — Single-Family,
Single-Family Attached, Two-
Family
2 spaces for each dwelling
unit shall be provided behind
the building line
None
Dwelling — Multi-Family,
Condominium, Apartment, Loft
2 spaces for each dwelling
unit
None
Educational Facility 1 space for every classroom
and office and 1 space for
every 4 students over 16
years of age, plus required
spaces for places of public
assembly
None
Emergency Service Facility 1 space for every employee
on the maximum shift
None
Fitness Instruction Studio 5 spaces for every 1,000
square feet of floor area
None
General Service Contractor 4 spaces for every 1,000
square feet of floor area of
office and sales area, plus 2
spaces for every 1,000 square
feet of warehouse area or 1
space for each employee on
the maximum shift, whichever
is greater
Table 1
Government Administrative
Building
3.5 spaces for every 1,000
square feet of floor area
Table 2
Golf Course 10 spaces per each hole None
Grocery Store, Convenience 3.5 spaces for every 1,000
square feet of floor area
Table 1
Grocery Store, General 5 spaces for every 1,000
square feet of floor area
Table 1
Health Club 5 spaces for every 1,000
square feet of floor area
None
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Use
Minimum Parking Space
Requirement
Minimum Loading Space
Requirement
Hotel or Extended Stay Hotel 1 space for every guest room
or sleeping unit, plus 2 spaces
for every 3 employees on the
maximum shift, plus required
parking for affiliated uses
(banquet facility, restaurants,
etc.)
Table 2
Medical Office of Facility 4 spaces for every 1,000
square feet of floor area or 4
spaces for every doctor and 1
space for every additional
employee, whichever is
greater. A minimum of 10
spaces is required for a
Medical Facility
Table 2
Museum Library 10 spaces, plus 1 additional
space for each 300 square
feet of floor area in excess of
2,000 square feet
None
Nursery 2 spaces for every 3
employees on the maximum
shift, plus 4 spaces for every
1,000 square feet of sales
room area
Table 2
Office, General 3 spaces for every 1,000
square feet of floor area
Table 2
Personal and Business
Service Shop (unless
otherwise herein noted)
4 spaces for every 1,000
square feet of floor area or 1
space for every 2 employees,
whichever is greater
Table 2
Barber or Beauty Shops 3 spaces for every barber
chair
None
Laundromat 1 space for every 2 washing
machines
None
Dry Cleaning 3.5 spaces for every 1,000
square feet of floor area
Table 2
Pet Grooming Facility 1 space for every 2 employees
on the maximum shift, plus 1
space per grooming table
None
Handball, Racquetball, Tennis
Courts
2 spaces for every court, plus
auditorium seating
None
Soccer Hockey Basketball
Skating Rink
1 space per 100 square feet of
playing area, plus auditorium
seating
None
Bowling 4 spaces for every alley.
Additional spaces shall be
provided for affiliated uses
(restaurant, multi-function
room)
None
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Use
Minimum Parking Space
Requirement
Minimum Loading Space
Requirement
Recreational Facility, Outdoor
Limited (unless otherwise
noted herein)
1 space for every 3 persons of
the maximum number of
persons that may be
accommodated at any 1 time
None
Research Center 1 space per every employee
on the maximum shift.
Table 2
Restaurant or Tavern 1 space for every 3 seats, plus
2 spaces for every 3
employees on the maximum
shift. A restaurant or tavern
which provides an outdoor
dining area in which the
number of seats exceeds 20%
of the number of indoor seats
shall also provide parking
spaces for the outdoor dining
area at a ratio of 1 parking
space per 4 outdoor seats
provided
None
Restaurant — Fast Food 1 space for every 2 seats, plus
2 spaces for every 3
employees on the maximum
shift, in addition to 1 space for
every 3 seats of outdoor
seating area
None
Self-Storage Facility 5 spaces for the first 5,000
square feet of storage area,
plus 1 space for each
additional 5,000 square-foot of
storage area
None
Service Center, Repair 1 space for every employee
on the maximum shift, 3
spaces for every service bay,
plus 3 spaces for every 1,000
feet of retail sales area
None
Truck Terminal 1 space for every employee
on the maximum shift
Warehouse
Less than 1,000 square feet 1 space for every 1,000
square feet of warehouse
area, plus required parking for
affiliated use (i.e. office, retail
areas)
None
1,000 square feet to 4,999
square feet
1 space for every 1,000
square feet of warehouse
area, plus required parking for
affiliated use (i.e. office, retail
areas)
Table 2
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Use
Minimum Parking Space
Requirement
Minimum Loading Space
Requirement
5,000 square feet to 9,999
square feet
1 space for every 1,000
square feet of warehouse
area, plus required parking for
affiliated use (i.e. office, retail
areas)
Table 1
10,000 square feet or larger 1 space for every 1,000
square feet of warehouse
area, plus required parking for
affiliated use (i.e. office, retail
areas)
Table 1
Industrial (Heavy and Light),
Wholesale, and Fabrication
Less than 1,000 square feet 2 spaces per every 3
employees on the maximum
shift, plus required parking for
any affiliated use (i.e. office,
retail areas)
None
1,000 square feet to 4,999
square feet
2 spaces per every 3
employees on the maximum
shift, plus required parking for
any affiliated use (i.e. office,
retail areas)
Table 2
5,000 square feet to 9,999
square feet
2 spaces per every 3
employees on the maximum
shift, plus required parking for
any affiliated use (i.e. office,
retail areas)
Table 1
10,000 square feet or larger 2 spaces per every 3
employees on the maximum
shift, plus required parking for
any affiliated use (i.e. office,
retail areas)
Table 1
Warehouse Showroom Sales 1 space for every employee
on the maximum shift, and 3
spaces for every 1,000 feet of
retail sales area
Table 2
Other uses not specified in this
Section
Where no minimum
requirement is specified in this
Section or where any of the
parking requirements may be
construed as applicable to the
same use, lot or building, the
final determination of required
parking shall be made by the
Director
Section 496.130. Minimum Off-Street Loading Requirements.
[Ord. No. 4034, 5-28-2020]
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A.
1.
2.
3.
4.
5.
B.
Each Loading Space shall connect with an alley, driveway, or street and shall be laid out so that
trucks shall be able to maneuver into abutting loading docks or designated loading areas at the
side or rear of the building served, except that for commercial units of less than five thousand
(5,000) square feet, the City may approve a loading zone to accommodate ten-foot by twenty-five-
foot loading zone spaces in front of the building under Site Plan Review.
The Off-Street Loading Spaces shall be provided in accordance with the following tables:
Table 1
Floor Area
(square feet)
Number of Min. 10-foot X 40-foot Loading
Spaces
5,000 to 24,000 1
24,001 to 60,000 2
60,001 to 96,000 3
96,001 to 144,000 4
144,001 to 192,000 5
192,001 to 240,000 6
240,001 to 294,000 7
294,001 to 348,000 8
For each additional 54,000 1 additional loading space
Table 2
Floor Area
(square feet)
Number of Min. 10-foot X 25-
foot Loading Spaces
Number of Min. 10-foot X 40-
foot Loading Spaces
2,000 to 10,000 1
10,001 to 25,000 2
25,001 to 100,000 2 1
For each additional 100,000 1 additional loading space
All Off-Street Loading Spaces shall meet the following requirements:
Adequate space shall be provided within the site to accommodate the loading and unloading
of trucks, tractors, and trailers. A designated Off-Street Loading Space shall be provided for
the location of trash collection or compaction units, in addition to the Off-Street Loading
Space requirements provided herein.
The required Off-Street Loading Spaces shall have adequate means of access to a street,
alley, or highway in a manner that will least interfere with traffic movement.
The Director may require landscaping, fencing, or other materials to effectively screen Off-
Street Loading Spaces.
The Off-Street Loading Spaces must be paved with a minimum of nine (9) inches Portland
cement concrete or any other material approved by the Director when such alternate paving
surface is an integral design element of the property and deemed consistent with sound
planning and construction standards.
Each ten-foot by forty-foot Off-Street Loading Space required by Table 1 or 2 must have
seventy-five (75) feet of maneuvering space and shall have a vertical clearance of not less
than fourteen (14) feet.
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6.
1.
2.
A.
1.
2.
3.
4.
5.
B.
Off-Street Loading Spaces utilized for the location of trash collection shall be screened with a
privacy fence or any other material approved by the Director upon a showing that such
alternate material provides equivalent or better screening.
Section 496.140. Accessible Parking Regulations.
[Ord. No. 4034, 5-28-2020]
Accessible parking spaces shall be provided in accordance with the following table:
Accessible Parking Table.
Total Number of Parking Spaces Required
Minimum Number of Accessible Spaces
Required
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 or more 5 plus 1% of the total number of spaces
One (1) of every eight (8) accessible parking spaces shall be van accessible and shall be
designated "lift van accessible only" with signs that meet the requirements of the Federal
Americans with Disabilities Act, as amended, and any rules or regulations established
pursuant thereto. Off-Street Parking Areas containing less than eight (8) accessible parking
spaces shall provide at least one (1) van accessible parking space.
The accessible parking spaces shall meet the following requirements:
Accessible parking spaces shall be at least ten (10) feet wide with a five-foot access aisle
immediately adjacent thereto. Two (2) accessible parking spaces may share a common
access aisle.
Van accessible parking spaces shall be at least ten (10) feet wide with an eight-foot access
aisle immediately adjacent thereto; two (2) accessible parking spaces may share a common
access aisle.
Accessible parking spaces shall be located on the shortest possible accessible circulation
route to an accessible entrance of the building.
Each parking space designated for physically disabled persons shall be provided with a
freestanding sign bearing the international symbol of accessibility in white on a blue
background and may also include appropriate wording such as "Accessible Parking." In
addition, such freestanding sign must read "fifty dollars ($50.00) to three hundred dollars
($300.00) Fine" pursuant to H.B. 389 enacted by the State of Missouri. Non-conforming signs
in use prior to August 28, 1997, shall not be in violation of this Section during the useful life of
the sign so long as it is maintained in an appropriate manner as determined by the Director,
provided, however, that under no circumstances shall the useful life of the non-conforming
signs or spaces extended by means other than those means used to maintain any sign or
space of the owner's property which is not used for vehicles displaying a disabled plate.
Height Requirements. Accessible parking spaces shall be identified by a sign centered within
the space. The bottom of the sign shall not be less than four (4) feet or more than five (5) feet
above grade. The sign(s) will utilize the international symbol of access and include the
violation fine notice specified in this Section.
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a.
b.
6. Color Requirements.
All required accessible parking spaces shall be marked and maintained with blue space
lines on the parking area pavement. Ground painted symbols are not required, however,
if provided, shall be of the same blue color as the space marking.
Requirements of this Section shall apply to all new Off-Street Parking Areas and any
existing Off-Street Parking Area that is restriped or redesigned.