City of Shrewsbury, MO Chapter 405 Zoning Rules and Regulations

Section 405.010 General Regulations.

[CC 1976 §405.010; Ord. No. 1151 §4.60, 1-23-1974]

A. Except as hereinafter specifically provided:

1. No land shall be used except for a purpose permitted in the district in which it is located.

2. No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used, except for a use permitted in the district in which such building is located.

3. No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which such building is located.

4. No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which such building is located.

5. No building shall be erected or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of the district in which such building is located. Off-street parking space being maintained in connection with any existing main building or structure shall be maintained so long as said main building or structure remains unless an equivalent number of such spaces are provided conforming to the requirements of this Zoning Code; provided however, that this regulation shall not require the maintenance of more parking space than is required hereinafter for a new building or structure identical to said existing building or structure.

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

7. 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) main building on one (1) lot except as specifically provided hereinafter.

8. No donation receptacle shall be permitted to be placed, constructed, erected or maintained upon any property located within any commercial or industrial zone of the City of Shrewsbury.

[Ord. No. 2861 §II, 8-9-2016]

Section 405.020 Height and Area Regulations and Exceptions.

[CC 1976 §405.020; Ord. No. 1151 §4.70, 1-23-1974; Ord. No. 1658 §2, 8-26-1986; Ord. No. 1659 §2, 8-26-1986; Ord. No. 2176 §1, 10-29-1998; Ord. No. 2429 §1, 5-17-2005]

A. The following regulations and exceptions qualify or supplement, as the case may be, the regulations appearing elsewhere in this Title.

1. Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet, and churches and temples may be erected to a height not exceeding seventy-five (75) feet if the building is set back from each yard line at least one (1) foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is built.

2. Single-family dwellings may be increased in height by not more than ten (10) feet when the side and rear yards are increased over the yard requirements of the district in which they are located by not less than ten (10) feet, but they shall not contain more than two and one-half (2½) stories.

3. Television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator penthouses, stacks, conveyors and flag poles may be erected to such height as may be authorized by the Board of Aldermen by a special permit.

4. The open area and parking spaces provided on that portion of a lot or integrated development situated in a Residential District and used for parking under the provisions of a special permit granted pursuant to this Title shall not be included in computing the floor area ratio of the lot or development unless the special permit specifically authorizes inclusion of such open area and parking spaces in such computation.

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

6. An unenclosed porch or paved terrace may project into a required front yard for a distance not exceeding ten (10) feet.

[Ord. No. 2867 §1, 9-13-2016]

7. In a Residential District, no structure shall be erected, constructed or maintained within an established front yard.

Ord. No. 2848 §III, 5-10-2016]

8. No fence, structure or planting higher than two and one-half (2½) feet above the street grades shall be maintained within fifteen (15) feet of any street intersection.

9. No off-street parking facilities may be located within any required front yard.

10. On a corner lot the width of yard along the side street shall not be less than any required front yard on such street; provided, however, that the buildable width of such lot shall not be reduced to less than thirty (30) feet in the "R-1", "R-2" and "R-3" Single-Family Dwelling Districts nor to less than twenty-five (25) feet in any other district. No accessory building shall project beyond the front yard line on either street.

11. A porte-cochere or canopy may project into a required side yard provided every part of such porte-cochere or canopy is unenclosed and not less than five (5) feet from any side lot line.

12. No required side yard in any dwelling district shall be used for off-street parking except as provided by special permit or where there is a hard surfaced driveway.

13. Accessory buildings which are not part of the main building may be built in a rear yard within five (5) feet of the rear lot line, except in the case of a rear yard in the "C-1" and "C-2" Districts when such yard abuts a residence district. An accessory building shall not be closer than ten (10) feet to any main building, nor exceed sixteen (16) feet in height nor occupy more than thirty percent (30%) of the required rear yard. An accessory building shall not exceed sixty percent (60%) of the area of the footprint of the main building.

14. No more than two (2) accessory buildings shall be constructed on any one (1) lot. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used for dwelling purposes. No accessory building shall include an installed bathroom.

15. Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and except for open or lattice-enclosed fire escapes, fire-proof outside stairways, unenclosed porches, marquees, and balconies projecting into a yard not more than five (5) feet, and the ordinary projections of chimneys, flues, sills, cornices and ornamental features projecting into a yard not more than eighteen (18) inches.

16. Where lots comprising forty percent (40%) or more of the frontage in a block are developed with buildings having an average front yard with a variation in depth of not more than six (6) feet, no building hereafter erected or structurally altered shall project beyond the average front yard line so established, provided further, that this regulation shall not require a front yard of more than fifty (50) feet.

17. Except as otherwise provided for in this Title, every building shall be constructed or erected, upon a lot or parcel of land which abuts upon a public street or permanent easement of access to a public street, which easement shall have a minimum width of thirty (30) feet, unless an easement of lesser width was of record prior to the adoption of this Title.

18. Nothing in this Title shall be deemed to require any change in the plans, construction or designated use of any buildings upon which actual construction was lawfully begun prior to the adoption of this Title and upon which building or actual construction has been diligently carried on, and provided further, that such building shall be completed within one (1) year from the date of passage of this Title.

19. An area indicated on the Zoning Map as a public park, recreation area, public school site, cemetery, or other similar open space, shall not be used for any purpose other than that designated; and when the use of the area is discontinued, it shall automatically be zoned to the most restricted adjoining district until appropriate zoning is authorized by the Board of Aldermen.

20. A deck, whether free-standing or attached to a structure, may encroach into the required rear yard area provided that it shall not be constructed closer than twenty (20) feet to any rear lot line. A deck shall be at least eighteen (18) inches above grade level. No deck shall be constructed closer than ten (10) feet to the side lot lines in the "R-1" District, nor closer than seven (7) feet to the side lot lines in the "R-2" District. No deck shall project into the rear yard area more than fifteen (15) feet from the rear of the structure to which it is attached. A deck shall not be permitted in any required front yard or side yard area. When determining the allowable area to be covered in a rear yard, the area of decks shall be included with any and all areas of accessory buildings such that no more than thirty percent (30%) of the rear yard area required is occupied by accessory buildings plus decks and screened-in porches.

21. A screened-in porch must be attached to the main structure and may encroach into the required rear yard area provided it shall not be constructed closer than twenty (20) feet to any rear lot line. No screened-in porch shall project into the rear yard area more than fifteen (15) feet from the rear of the structure to which it is attached, nor shall any screened-in porch be constructed closer than ten (10) feet to the side lot lines in the "R-1" District, nor closer than seven (7) feet to the side lot lines in the "R-2" District. Screened-in porches shall not be permitted in any required front yard or side yard area. When determining the allowable area to be covered in a rear yard area, the screened-in porch shall be included with any and all areas of accessory buildings so that no more than thirty percent (30%) of the rear yard required is occupied by accessory buildings plus decks and screened-in porches.

Section 405.030 Permits and Certificates.

[CC 1976 §§405.030, 500.040; Ord. No. 1151 §5, 1-23-1974; Ord. No. 1879 §§1—3, 4-13-1993]

A. General. No application for a Building Permit or other permit or license, or for a Certificate of Occupancy, shall be approved by the Building Commissioner, and no permit or license shall be issued by any other City department, which would authorize the use or change in use of any land or building contrary to the provisions of this Title, or the erection, moving, alteration, enlargement or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this Title. Any permit, Zoning Certificate, or Certificate of Occupancy or other certificate issued in conflict with the provisions of this Title shall be null and void.

B. Zoning Certificates. Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by an officer, department or employee of this City unless the application of such permit has been examined by the Office of the Zoning Administrator and has affixed to it a certificate of his/her office that the proposed building or structure and use thereof complies with all the provisions of this Title. However, with respect to the performance standards of this Title for manufacturing and other specified uses the Zoning Administrator shall accept as proof of compliance with such standards, the certificate of an architect or professional engineer licensed by the State of Missouri, stating that the building or structure and proposed use thereof does conform with the said performance standards for the district in which it is located. Upon receipt of such certificate and if all other relevant requirements of this Title are met, the Zoning Administrator shall without further delay, approve and authorize the issuance of a Zoning Certificate, provided that within fifteen (15) days from the date of such approval, the Zoning Administrator shall examine said application and shall advise the architect or professional engineer in writing if the building, structure or use thereof does not in fact comply with the performance standards of this Title for the district in which it is or is to be located. Failure of the architect or professional engineer to show compliance within thirty (30) days of such notification shall be cause for revocation of the Zoning Certificate.

C. Plats. Every application for a Building Permit shall be accompanied by:

1. A plat of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale showing the actual dimensions and certified by the Land Surveyor or Civil Engineer licensed by the State of Missouri, as a true copy of the piece or parcel, lot, lots, block or blocks, or portions thereof, according to the registered or recorded plat of such land.

2. A plat drawn to scale in such form as may, from time to time be prescribed by the Zoning Administrator, showing the ground area, height, and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building or structure or land, and such other information as may be required by the Zoning Administrator for the proper enforcement of this Title.

Each of the two (2) plats shall be attached to the application for a Building Permit when it is submitted for a Zoning Certificate and shall be retained by the Zoning Administrator as a public record.

D. Certificates Of Occupancy.

1. Scope of permits—New buildings and uses:

a. No buildings, or addition thereto, constructed after the effective date of this Title and no addition to a previously existing building shall be occupied, and no land vacant of the effective date of this Title, shall be used for any purpose, until a Certificate of Occupancy has been issued by the Office of the Zoning Administrator. No change in use to the production, processing or storage of materials or goods, and no change in use from the production, processing, or storage of one kind of materials or goods to another kind, shall be made until a Certificate of Occupancy has been issued by the Office of the Zoning Administrator. Every Certificate of Occupancy shall state that the use or occupancy complies with all the provisions of this Title.

b. Application for occupancy certificate. Every application for a Building Permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy for a new use of land, where no Building Permit is required, shall be made directly to the Office of the Zoning Administrator.

c. Issuance of occupancy certificate. No certificate shall be issued until construction has been completed or the use established and has been inspected and certified by the Office of the Zoning Administrator to be in compliance with all the provisions of this Title provided that pending the issuance of a regular certificate, a temporary certificate may be issued to be valid for a period not to exceed six (6) months from its date during the completion of any addition or during the partial occupancy of the premises. An occupancy permit shall be issued or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued no later than fourteen (14) days after the Office of the Zoning Administrator is notified in writing that the building or premises is ready for occupancy.

2. Certificate of occupancy for non-conforming uses. Certificates of occupancy for non-conforming uses lawfully existing on the effective date of this Title shall be issued by the Zoning Administrator, and the certificate shall state that the use is a non-conforming use and does not conform with the provisions of this Title. The Zoning Administrator shall notify all occupants of the property being used as non-conforming uses and said occupants shall, within thirty (30) days of receipt of such notice, apply at the Office of the Zoning Administrator for a Certificate of Occupancy.

E. Change Of Electric User—Procedure.

1. For any month when there is a change of user of residential (rate 001) or non-residential (rate 043) electric service within the City of Shrewsbury, Union Electric Company shall notify the City Clerk, Housing Department (or other appropriate official) of the City in writing within seven (7) working days after the end of the month of said changes, indicating the address and apartment or unit number, and the name(s) of electric user(s) per service and address and apartment or unit number in whose name service is connected or billed.

2. Any person, firm or corporation violating any of the provisions of this Section shall, upon conviction thereof, be subject to the penalty provided in this Code.

3. Union Electric shall submit annually to the City an invoice for its cost associated with this Section. The initial cost of this service shall not exceed (amount to be determined by municipality - UE estimates one hundred fifty dollars ($150.00)). Future price increases, if any, will only reflect the actual cost incurred by Union Electric to provide this service. The City of Shrewsbury shall pay to Union Electric the amount of the invoice within thirty (30) days of receipt.

Section 405.040 Non-Conforming Buildings and Uses.

[CC 1976 §405.040; Ord. No. 1151 §6, 1-23-1974]

A. Continuance Of Use.

1. Any lawfully established use of a building or land, at the effective date of this Title, or of amendments thereto, that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal non-conforming use and may be continued, except as otherwise provided herein.

2. Any legal non-conforming building or structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

3. Any building for which a permit has been lawfully granted prior to the effective date of this Title, or of amendments thereto, may be completed in accordance with the approved plans; provided construction is started within six (6) months and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building.

B. Discontinuance Of Use.

1. Whenever any part of a building, structure or land occupied by a non-conforming use is changed to or replaced by a use conforming to the provisions of this Title, it shall not thereafter be used or occupied by a non-conforming use, even though the building may have been originally designed and constructed for the prior non-conforming use.

2. Whenever a non-conforming use of a building or structure, or part thereof, has been discontinued for a continuous period of six (6) months if the building was originally designed and constructed for a non-residential use, or whenever there is a clear intent on the part of the owner to abandon a non-conforming use, such shall not after being discontinued or abandoned, be re-established, and the use of the premises thereafter shall be in conformity with the regulations of the district.

3. Where no enclosed building is involved, discontinuance of a non-conforming use for a period of six (6) months shall constitute abandonment.

C. Change Of Use.

1. A non-conforming use of a building or structure, or part thereof, may be changed to a use of the same or of a more restricted classification, but may not thereafter be changed to any less restricted use.

2. Any part of a building, structure or land occupied by a non-conforming use which is changed to or replaced by a use conforming to the provisions of this Title shall not thereafter be used or occupied by a non-conforming use.

D. Termination And Removal Of Non-Conforming Uses. The period of time during which the following non-conforming uses of buildings, structures or land may continue or remain shall be limited to two (2) years from the effective date of this Title, or of any amendment thereto which causes the use to be non-conforming. Every such non-conforming use shall be completely removed from the premises at the expiration of the two (2) year period.

1. Any of the following non-conforming structures which are not attached to a building and existed lawfully on the effective date of this Title: Non-conforming signs, billboards, and outdoor advertising structures.

2. Any non-conforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building. However, public or private off-street parking lots lawfully established prior to the effective date of this Title shall not be affected by this provision.

E. Repairs And Alterations.

1. Normal maintenance of a building or other structure containing a non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use.

2. No structural alterations shall be made in a building or other structure containing a non-conforming use, except in the following situations:

a. When the alteration is required by law.

b. When the alteration will actually result in eliminating the non-conforming use.

c. When the alteration improves the appearance of a non-conforming building, such as a new store front or the elimination of a porch.

d. When a building containing residential non-conforming uses may be altered in any way to improve livability, provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.

F. Damage And Destruction. If a building or other structure containing a non-conforming use is damaged or destroyed by any means to the extent of sixty percent (60%) or more of its replacement value at that time, the building or other structure may be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than sixty percent (60%) of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building which existed at the time of such partial destruction may be continued. Restoration or repair of the building or other structure must be started within a period of one (1) year and diligently prosecuted to completion. The extent of the damage shall be established by certified estimates furnished to and subject to the approval of the Building Commissioner and/or the City Engineer. An appeal from the decision of the Building Commissioner and/or the City Engineer may be taken by the owner or agent of the property involved in the manner set forth in the Appeals Section of this Title.

G. Additions And Enlargements.

1. A non-conforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all the regulations of the district in which it is located.

2. No building partially occupied by a non-conforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such non-conforming use.

3. No non-conforming building in any Residential District shall be so altered as to increase the number of dwellings units therein and after the date of the passage of this Title who shall own a non-conforming lot and adjacent property to it that would enable him/her to bring it into compliance in accordance with the terms of this Section and who transfers any portion of such property so as to make it impossible for him/her to comply with the provisions of this Section, shall not nor shall any successor in Title thereto be granted a Building Permit to use the remaining portion of the lot or to use the lot of record remaining. Such transfer of property shall be considered illegal and void and against the provisions of this Title.

Section 405.050 Accessory Buildings.

[CC 1976 §405.050; Ord. No. 1151 §7, 1-23-1974; Ord. No. 2429 §2, 5-17-2005; Ord. No. 2546 §2, 10-25-2008]

A. No more than two (2) accessory buildings shall be constructed on any one (1) lot. An accessory building located in the rear yard may not be located within three (3) feet of the interior lot line, and not nearer than five (5) feet of the rear lot line, nor closer than ten (10) feet to the main building on the same lot or to a main building on an adjoining lot in any Residential District.

B. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used for dwelling purposes, nor contain a bathroom.

C. Accessory buildings shall not exceed sixteen (16) feet in height nor occupy more than thirty percent (30%) of the required rear yard, nor shall exceed sixty percent (60%) of the area of the footprint of the main building.

D. Subject to the discretion and professional review by the Building Commissioner, accessory buildings may be required to be anchored to the earth or foundation for wind and/or seismic stabilization. Structures serviced with underground utilities will require a foundation to the frost line.

Section 405.060 Special Uses.

[CC 1976 §405.060; Ord. No. 1151 §8, 1-23-1974; Ord. No. 1289 §1, 10-19-1977; Ord. No. 1299 §1, 12-13-1977; Ord. No. 1328 §1, 9-26-1978; Ord. No. 1396 §1, 10-14-1980; Ord. No. 1513 §1, 8-23-1983; Ord. No. 1792 §1-A, 1-23-1990; Ord. No. 1812 §1, 10-23-1990; Ord. No. 2150 §1, 3-24-1998; Ord. No. 2234 §1, 12-28-1999; Ord. No. 2430 §1, 5-17-2005; Ord. No. 2512 §§2—3, 11-13-2007]

A. Purpose. The principal objective of this Zoning Code is to provide for an orderly arrangement of compatible building and land uses, and for the proper location of all types of uses required for the social and economic welfare of the City and this Title is based on the division of the entire City into districts in each of which are permitted specified uses that are basically compatible. In addition to such permitted, compatible uses, however, there are certain other uses which it may be necessary or desirable to allow in a given district but which because of their potential impact upon neighboring uses or public facilities or the planned development of the community need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this Title as "Special Uses," and are established and controlled by the following provisions of this Section.

B. Authority. The Board of Aldermen shall have authority to issue Special Use Permits by ordinance, for the following uses of land or structures, or both, subject to conditions, standards and procedures contained in this Section if it finds that the proposed location and establishment of any such use will be desirable or necessary to the public convenience or welfare and will be harmonious and compatible with the other uses adjacent to and in the vicinity of the selected site or sites. No land or building may be used for any of the following uses unless the Special Use Permit is approved and issued.

[Ord. No. 2818 §2, 6-10-2015; Ord. No. 2968, 8-27-2019]

	Auction Sales in any Commercial or Industrial District.
	Automobile Service Stations in any Commercial or Industrial District, provided a front yard of ten (10) feet or more is maintained for gasoline or fuel tanks or pumps, and all driveways for ingress and egress to the station are approved by the State Highway Commission when located along State and Federal routes, by the St. Louis County Department of Highways and Traffic when fronting on a street that is part of the County arterial road system, and by the Zoning Administrator when fronting on a street maintained by the City; also provided that not more than two (2) such automobile service stations shall be granted permits in any four-way intersection and not more than one (1) at any intersection which is less than four-way and provided further that there shall be no more than one (1) permit granted for each one thousand (1,000) inhabitants, or major fraction thereof, residing within the City, according to the last Federal Decennial Census.
	Automobile wash in any Commercial or Industrial District.
	Billboards in any Industrial District.
	Boat showroom and sales in any Commercial or Industrial District.
	Bus terminal, railroad passenger station, freight terminal or any other public transportation terminal facilities, in any Commercial or Industrial District.
	Catering, off-premises in "C-1" Shopping District.
	Cemeteries and mausoleums, in any "C-2" or Industrial District.
	Churches, in any district.
	Clinic or medical center, in any Commercial or Industrial District.
	Day nurseries, in any Commercial or Industrial District.
	Garages, public, bus, or truck for storage of private passenger automobiles or commercial vehicles in any Commercial or Industrial District.
	Group homes for foster care.
	Hauling Contractor in an "M-1" Industrial District.
	High rise buildings, in any Commercial or Industrial District.
	Hospitals or sanitariums, public or private, in any Commercial or Industrial District.
	Hotel or motel, in any Commercial or Industrial District.
	Light manufacturing involving no more than four (4) employees without associated retail sales in any Commercial District.
	Medical marijuana cultivation facility, entirely within an enclosed building.
	Medical marijuana-infused products manufacturing facility.
	Medical marijuana dispensary facility.
	Medical marijuana testing facility.
	Municipal or privately-owned recreation facility or building or community center, in any use district.
	Nursing home in the "C-1" Shopping District; by Special Use Permit.
	Office uses affiliated with religious or charitable institutions in a residential district.
	Off-street public parking areas, in any Residential District, provided there is a need for this facility, and that no appropriate site is available in nearby business or manufacturing districts.
	Outdoor sales or outdoor displays, in any Commercial or Industrial District.
	Outdoor yard, garden and nursery shop, in any Commercial or Industrial District.
	Pawnshop or pawnbroker in the "C-2" Commercial District.
	Pizza parlors in any Commercial or Industrial District.
	Planned developments, subject to all provisions of this Title relating to planned developments.
	Plumbing showroom and shop, in any Commercial or Industrial District.
	Public buildings including art gallery, library, museum or similar structures, in any district.
	Public or private park or playground, in any district.
	Public or privately-owned and operated fairgrounds, carnivals, "kiddie parks" or other similar amusement centers temporary or permanent, in any Commercial or Industrial District.
	Radio and television transmitting or antenna towers (commercial) and other electronic equipment, requiring outdoor structures, and including antenna towers used for the sending of private messages, but not including private receiving aerials or antennas, in any district.
	Railroad spur track, lead track, siding or other similar railroad facility, in any Industrial District.
	Railroad tracks and associated structures, provided that the track bed fill required is approved by the City Engineer.
	Restaurant and/or cocktail lounge, in any Commercial or Industrial District.
	Retirement center, in the "C-1" Shopping District.
	Retreats owned and operated by religious, educational, or other not-for-profit establishments, in any Commercial or Industrial District.
	Schools, elementary and high, and colleges, public and private, including nursery schools, dance or music, and other schools in any district.
	Short-term loan establishments, in the "C-1" Commercial District, provided that there shall be no more than one (1) short-term loan establishment for each ten thousand (10,000) inhabitants residing in the City according to the last Federal Decennial Census, and further provided that no permit shall be issued for a short-term loan establishment that is proposed to be located within one thousand seven hundred sixty (1,760) yards of another short-term loan establishment or within three hundred (300) feet from any residence as measured from the nearest points of the lots on which such residences are located or proposed to be located.
	Theaters (but not drive-in) in any Commercial or Industrial District.
	Vehicle repair including body work, mechanical, restoration and professional clean-up and sale of late model pre-owned cars in any Commercial District.

C. Procedures For A Special Use Permit.

[Ord. No. 2985, 5-26-2020]

1. Applications. The application and the following documentation shall be submitted to the City Clerk who shall forthwith refer the application to the Plan Commission to review. Applications for special use permits, shall include, but not be limited to, the following items:

a. Legal substantiation of the entity making application for such permit;

b. A legal description of the real property to which the permit is proposed to apply;

c. The property's deed information for the subject real property;

d. A description of the intended uses of the real property, to which the permit is proposed, to apply;

e. A synopsis of the proposed site development project, if any;

f. A site plan, including renderings of all proposed site enhancements and adjustments, if any, including, but not limited to, a landscaping plan, a plan for addressing storm water and other water runoff, a lighting plan, and a proposal for how to address any off-street parking, ingress/egress, or access drive lane modifications;

g. All other information as shall be required by the Zoning Administrator.

2. Plan Commission Review And Public Hearing. The Plan Commission shall hold a public hearing of the application and shall give notice of the date, time, and place thereof by causing a notice thereof to be posted on the City website, circulated by electronic correspondence to those persons that have opted in to receive City-wide electronic correspondence, and published at least two (2) times in a legal publication or an official newspaper of general circulation (if available) in the City. The first publication of said notice shall be at least fifteen (15) calendar days prior to the date of such hearing. If the property, or properties, included within the application is zoned in whole, or in part, as commercial or industrial, and if such property abuts residentially zoned property, then the City shall make an attempt to provide notification to each resident within a five hundred (500) foot radius, measured from the perimeter of the site upon which the application is based. This notice will be issued by the City no later than fifteen (15) calendar days prior to the date of such hearing.

Once the Plan Commission's investigation and review of the application is concluded, it shall report to the Board of Aldermen on the effects of the proposed project, development, uses and buildings upon the following conditions, as well as upon any others that it may deem germane to the project.

a. The effect upon traffic conditions;

b. The creation of any potential public safety hazards, including fire hazards;

c. The effect upon the nature and character of the neighborhood;

d. Any effects upon the health of the surrounding community;

e. The effect upon public utilities;

f. The impact to the general welfare and the well-being of the community.

This report and recommendation of the Plan Commission shall be filed with the Board of Aldermen within eighty (80) days of the referral of said request to the Plan Commission, unless the Plan Commission, Board of Aldermen, or the applicant agrees to an extension of this timeframe.

3. Board Of Aldermen Public Hearing. Upon receipt of the report and the recommendation of the Plan Commission, the Board of Aldermen shall hold a public hearing upon the application and shall give notice of the date, time and place thereof by causing a notice thereof to be posted on the City's website, circulated by electronic correspondence to those persons that have opted in to receive City-wide electronic correspondence, and published at least two (2) times in a legal publication, or an official newspaper of general circulation (if available), in the City. The first publication of said notice shall be at least fifteen (15) calendar days prior to the date of such hearing.

If the property, or properties, included within the application is zoned in whole, or in part, as commercial or industrial, and if such property abuts residentially zoned property, then the City shall make an attempt to provide notification to each resident within a five hundred (500) foot radius, measured from the perimeter of the site upon which the application is based. This notice will be issued by the City no later than fifteen (15) calendar days prior to the date of such hearing.

4. Authorization. After such hearing, the Board of Aldermen shall determine whether such building, development, or use would promote the health, safety, morals, or general welfare of the people of the City in accordance with, and in the accomplishment of, the Comprehensive Plan of the City; and in making such determination, the Board of Aldermen consideration, shall include, but not be limited to, the effects of the following:

a. Traffic conditions;

b. The creation of any potential public safety hazards, including fire hazards;

c. The effect upon the nature and character of the neighborhood;

d. Any effects upon the health of the surrounding community;

e. The effect upon public utilities;

f. The impact to the general welfare and the wellbeing of the community.

If the Board of Aldermen shall make such determination in the affirmative, it shall grant such special use permit, and if the Board shall not make such determination in the affirmative, it shall not grant such permit. The affirmative votes of a majority of all members of the Board of Aldermen shall be required to grant the application for special use permit.

5. Conditions. Either the Plan Commission and/or the Board of Aldermen may recommend, and the Board of Aldermen may provide, such terms, conditions or restrictions upon the construction, location and operation of a special use permit, as the Plan Commission or the Board of Aldermen may determine in order to further the general objectives of this Title and to minimize the possibility of injury to the value of property in the neighborhood.

D. Revocation Of Special Use Permits.

1. Authorization. A Special Use Permit may be revoked by the Board of Aldermen if it is surrendered by the owner of the property for which it is issued or if the terms of the permit have been violated or if it has not been exercised within any period of one (1) year after the date it was granted.

2. Procedure.

a. In the event a Special Use Permit has been violated or has not been exercised within any period of one (1) year after its issue, a revocation of such permit may be initiated by the Plan Commission or the Board of Aldermen. Any proposition to revoke a Special Use Permit on the grounds that the terms of the permit have been violated or that the permit has not been used for one (1) year shall be referred to the Plan Commission, which shall give not less than fifteen (15) days' notice by certified mail to the owner of the property for which such permit was issued, of the date, time and place of the meeting at which it will consider revocation of such permit.

b. Such notice shall be directed to the property owner at his/her address shown on the tax records for said property in the City Offices, or if no such address is listed in the City Offices, in the offices of the Department of Revenue of St. Louis County. If no address of the property owner is indicated in the records of either of the City or County, no notice need be mailed to the property owner. In any event the failure of any party entitled to notice hereunder to receive the same, shall not invalidate any proceeding to revoke a Special Use Permit.

c. The Plan Commission shall offer the property owner and any interested party an opportunity to be heard at any meeting at which it shall consider a proposition for revocation of a Special Use Permit. The Plan Commission shall make its report and recommendation to the Board of Aldermen on the revocation of a Special Use Permit within eighty days after such proposed revocation is submitted to the Plan Commission.

d. Upon receipt of the report and recommendation of the Plan Commission, the Board of Aldermen shall hold a public hearing on the proposed revocation. At least fifteen (15) days notice of the date, time and place of such hearing shall be published in an official newspaper or a newspaper of general circulation in the City.

e. Any revocation of a Special Use Permit against the recommendation of the Plan Commission may be adopted only on the affirmative vote of three-fourths (¾) of the entire membership of the Board of Aldermen. A Special Use Permit revocation recommended by the Plan Commission may be affected by a majority vote of the members of the Board present at the hearing provided that a quorum is present.

Section 405.070 Planned Developments.

[CC 1976 §405.070; Ord. No. 1151 §9, 1-23-1974]

A. Authorization. The Board of Aldermen may by ordinance grant a special permit for a planned development authorized by this Section on such terms and conditions and with such restrictions as the Board may determine, subject to the provisions of this Section and Sections 410.030, 410.050; and 410.070.

B. Procedure. The owner of any tract of land may apply for a special permit for the planned development of such land. The procedure for the granting and revocation of a special permit for a planned development shall be the same as provided in this Title for Special Use Permits, subject to such additional requirements as may be imposed by this Section and by Section 410.030, 410.050, and 410.070.

C. Planned Residential District. A planned development for residential purposes, known as a "Planned Residential District" may be authorized in any use district as herein provided.

1. The owner or owners of any tract of land comprising an area of not less than five (5) acres may submit to the City Clerk, a plan for use and development of all the tract of land for residential purposes, or for the repair and alteration of any existing housing development of an area comprising five (5) acres or more.

2. The development or alteration plan shall be referred to the Plan Commission for its study and report. If the Commission approves the plan, it, together with the recommendation of the Commission, shall then be submitted to the Board of Aldermen for consideration and approval or disapproval. The recommendations of the Commission shall be accompanied by a report stating the reasons for the approval of the application and specific evidence and facts showing that the proposed "Planned Residential District" meets the following conditions:

a. That property adjacent to the area included in the plan will not be adversely affected.

b. The plan is consistent with the intent and purpose of this Title to promote public health, safety, morals, and general welfare.

c. The buildings shall be used only for single-family dwellings or multiple dwellings, and the usual accessory uses such as garages, storage space and community activities, including churches or such other uses as may be approved by the Board of Aldermen.

d. The average lot area per family contained in the site, exclusive of streets, will not be less than two thousand seven hundred (2,700) square feet per dwelling unit on the development.

e. That none of the buildings which are planned as part of the development shall be upon separate lots, but all of the said buildings constituting component parts of the "Planned Residential District" shall be and remain upon a single tract of land, unsubdivided, and that said tract of land shall be owned as a whole entity, or as an entirety; though said ownership may be by or through a single individual, a husband and wife, a corporation, a partnership or an associated or unassociated group of individuals, no owner other than those who are part owners of condominium property hereinabove defined and as developed under Section 448.010 of the Revised Statutes of Missouri, 1969, shall be permitted to own any dwelling or residential unit or units which shall comprise any less than the total whole, entity, or entirety of the "Planned Residential District."

3. No "Planned Residential District" shall be considered by the Board unless it shall be accompanied by a trust indenture which shall contain proposed deed restrictions and Trust provisions, which shall include but not be limited to the following items:

a. Provisions for designation of a "Common Element" or common facilities area upon which no residential buildings shall be constructed, but upon which there may be provided the following, among other possible facilities or common elements:

(1) Picnic areas

(2) Swimming Pool or Pools

(3) Playground areas and Playground Equipment

(4) Tennis Courts

(5) Nursery School or schools

b. Provision for the qualifications and for the election or selection of at least three (3) qualified persons to serve as trustees for the administration and enforcement of the trust provisions under the trust indenture; with further provisions for their terms of office, their method of election or selection after the first Board of Trustees' election or appointment; with further provisions for succession or replacement of trustees who die, resign, move from the community or who fail or refuse to carry out their duties under the trust indenture, with power in the City to enforce the trust provisions.

c. Provisions setting out the powers and duties of the trustees under the trust indenture with respect to the following:

(1) The reasonable minimum amount of money required to be expended yearly in maintaining the area where the common elements and facilities are located, and the common facilities, which said amount shall be related percentage wise to the total rents collectable from all residential units in the planned development.

(2) Provisions that the yearly minimum amount of money which is to be expended for maintenance of the common element or facilities area and the elements or facilities therein shall be paid to the trustees for such purposes, and that minimum yearly amount shall constitute a lien upon all of the real estate, including the improvements thereon, and the common element or facilities area.

(3) Provisions shall be made for the effective means of collection of the reasonable yearly minimum amount of money designated and required for the maintenance of the common element area, which shall be acceptable to the Board before approval of the planned development.

(4) Provisions that the planned development shall be maintained as a whole, an entity or as an entirety, unsubdivided, and that no part thereof shall ever be sold or transferred separately, except as herein provided in connection with condominium property.

4. No "Planned Residential District" shall be considered by the Board of Aldermen unless the plan shall contain:

a. Legal and general description of the area to be encompassed in said district,

b. Evidence of unified ownership or control of the area applied for,

c. Statement of petitioners experience and background in real estate development and residential or commercial construction, and

d. Preliminary site plan indicating the number and types of buildings, drainage, number of living units contemplated, topography, off-street parking, utility easements and entrance and exit driveways.

e. Provisions for off-street automobile parking spaces for each dwelling unit as provided in the off-street parking regulations (See Chapter 415).

f. Provisions that all roads and streets in "Planned Residential District" shall be planned and constructed in accordance with the standards applicable to at least the minimum standards applicable to at least the minimum standards for construction of public streets of the City of Shrewsbury, with adequate provisions for bond or escrowed funds conditioned upon the completion of said streets.

g. Provisions for bond or escrowed funds conditioned upon the completion as planned of the "Common Element" facilities.

h. Six (6) copies of a plat drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape, and location of the buildings and accessory buildings to be erected and locations of nearby streets.

5. After a receipt of findings, reports, and recommendations of the Plan Commission, the Board of Aldermen shall hold a public hearing at which protests and objections may be heard on the application. At least fifteen (15) days notice of the date, time and place of such hearing shall be published in an official newspaper or a newspaper of general circulation in the City.

6. If the Board of Aldermen approves the development by ordinance, Building Permits and certificates of occupancy may be issued even though the use of land, the location of the building to be erected in the area and the yards and open spaces contemplated by the plan do not conform in all respects to the district regulations of the district in which the development is located. The Board of Aldermen has the right to impose any conditions or restrictions it determines to be proper.

7. No "Planned Residential District" shall be effective to authorize issuance of any permits for construction thereunder, despite approval of the Board of Aldermen, until and unless the aforementioned trust indenture, deed restrictions, and the development plat approved by the Plan Commission and signed by the Mayor have been recorded in the Office of the St. Louis County Recorder of Deeds.

D. Planned Commercial District. In order to provide for modern retail shopping facilities of integrated design in appropriate locations to serve residential neighborhoods, a planned Commercial District may be authorized in any use district. Such district shall be laid out and developed as a unit according to an approved plan as provided herein.

1. Regulations. The owner of any tract of land comprising an area of not less than five (5) acres may submit to the City Clerk a plan for the use and development of all or part of such tract for the purpose of and meeting the requirements set forth in this Section and Section 410.050 either as a separate proposal or as a part of a "Planned Residential District" as provided for in Section 405.070. The plan shall be referred to the Plan Commission for study, hearing and report. The Plan Commission's report shall state the reasons why the application should be granted or denied and shall state whether the plan meets all the requirements of this Title. The plan, with the report and recommendations of the Plan Commission, shall then be submitted to the Board of Aldermen for their consideration and action.

2. The application for a Planned Commercial District shall include the following:

a. Legal description of the area to be encompassed in said district; and

b. Evidence of unified ownership or control of the area applied for; and

c. Statement of petitioner's experience and background in real estate development and residential or commercial construction; and

d. Preliminary site plan indicating the number and types of buildings, provisions for storm water drainage, number of living units contemplated, area to be devoted to uses other than residential, topography, off-street parking facilities, utility easements, sanitary sewer facilities and entrance and exit driveways; and

e. Be accompanied by six (6) copies of a plat drawn to scale, showing the actual dimensions of the lot to be built upon, the size and shape and location of the buildings and accessory buildings to be erected and locations of nearby streets.

3. The aggregate gross lot coverage of all buildings shall not exceed twenty-five percent (25%) of the entire lot area of the project and all buildings shall be set back at least thirty (30) feet from all lines of streets adjoining the shopping center site.

4. Off-street parking spaces shall be provided for as established in the off-street parking regulations (See Chapter 415).

5. All roads, parking and loading areas shall be paved and walks shall be paved with hard surface material meeting applicable specifications of the City Engineer.

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

7. Reasonable additional requirements as to landscaping, lighting, signs, or other advertising devices, screening, accessways and building setbacks and height limitations may be imposed by the Plan Commission and/or the Board of Aldermen for the protection of adjoining residential property.

E. Planned Industrial District. In order to provide sufficient space in appropriate locations for certain types of business and manufacturing, free from offense in modern landscaped buildings, to make available more attractive locations for those businesses and factories and to provide opportunities for employment closer to residence with corresponding reduction of travel time from home to work, a "Planned Industrial District" may be authorized in any use district. Such district shall be laid out and developed according to an approved plan so that the purpose of the district may be accomplished.

1. Regulations. The owner or owners of any tract of land comprising an area of not less than ten (10) acres may submit to the City Clerk a plan for the use and development of all or part of the tract for the purpose of and meeting the requirements set forth in this Section and Section 410.070. The plan shall be referred to the Plan Commission for study, public hearing and report. The Plan Commission's report shall state the reasons why the application should be granted or denied, and shall state whether the plan meets all the requirements of this Title. The report and recommendations of the Commission shall be submitted to the Board of Aldermen for their consideration and action.

2. The application for a "Planned Industrial District" shall include the following:

a. Legal description of the area to be encompassed in said district; and

b. Evidence of unified ownership or control of the area applied for; and

c. Statement of petitioner's experience and background in real estate development and industrial construction; and

d. Preliminary site plan indicating the number and types of buildings, provisions for storm water drainage, topography, off-street parking facilities, utility easements, sanitary sewer facilities and entrance and exit driveways; and

e. Be accompanied by six (6) copies of a plat drawn to scale, showing the actual dimensions of the lot to be built upon, the size and shape and location of the building and accessory building to be erected and location of nearby streets.

3. The plan for such an Industrial District shall show the requirements set forth in this Section and the district shall be developed according to such requirements.

4. No part of any building or accessory structure shall be located closer than one hundred (100) feet to any Residential District boundary or street line.

5. The aggregate lot coverage of the buildings shall not exceed fifty percent (50%) of the entire project area.

6. All road, parking and loading areas shall be paved and walks shall be paved with hard surface material meeting applicable specifications of the City Engineer.

7. Any part of a lot not used for buildings or other structures, parking or loading spaces and access thereto, shall be landscaped with grass, trees, shrubs, or pedestrian walks.

8. The permitted uses shall, except as otherwise specifically authorized by the Board of Aldermen be within completely enclosed buildings.

9. General. Before approving or before recommending approval of plans for developing a "Planned Industrial District", the Plan Commission and Board of Aldermen may make reasonable additional requirements as to landscaping, lighting, signs, or other advertising devices, screening, accessways and building setbacks, and height limitations for the protection of adjoining residential property.

F. Use Exceptions. In the case of Residential, Commercial or Industrial Planned Developments, the Plan Commission may recommend and the Board of Aldermen may authorize that there be in part of the area of such Development, and for the duration of such Development, specified uses not permitted by the use regulations for the Planned Development Districts, provided the Plan Commission shall find:

1. That the uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development.

2. That the uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood.

3. That not more than twenty (20%) percent of the ground area or of the gross floor area of such development shall be devoted to the uses permitted by said exception.

4. That in an "Industrial Planned Development", such additional uses allowed by exception shall conform with the performance standards of the most restrictive district adjacent to the Planned Development.

G. Bulk Regulations. In the case of any Planned Development, the Plan Commission may recommend and the Board of Aldermen may authorize exceptions to the applicable bulk regulations of this Title within the boundaries of such development, provided that the Plan Commission shall find:

1. That such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such Development as well as of neighboring properties that would obtain under the bulk regulations of this Title for buildings developed on separate zoning lots.

2. That the minimum lot area per dwelling unit requirements of this Title shall be adhered to in any such Development containing residential uses, and that there shall be available to each residential building and immediately adjacent thereto (including the land area upon which it is erected), the minimum amount of land area required for such building under the lot area per dwelling unit provisions of this Title.

3. The minimum spacing between principal buildings shall be as follows: On walls where there are windows or doors, such buildings shall be not less than fifteen (15) feet apart, but on walls which shall not contain windows or doors, buildings shall be not less than eight (8) feet apart.

4. Along the periphery of such Developments, yards shall be provided as required by the regulations of the District in which said development is located, and shall contain common elements or facilities for the use in common of all the inhabitants of such a Planned Development. In interpreting this provision the entire tract upon which the Development is located shall be treated as a single lot, notwithstanding the existence of intervening streets between buildings. Building lines otherwise established shall apply only insofar as they pertain to the boundaries of the tract so developed.

Section 405.080 Location of Condenser Unit or Water Cooling Tower Restricted — When.

[Ord. No. 944 §3, 10-10-1967; Ord. No. 1454 §1, 9-8-1981]

A. It shall be unlawful to place, locate, position or install any condenser unit or water cooling tower for any central air-conditioning system in any locations set forth as follows:

1. Front yard. In any front yard as defined in Section 400.030 of this Code.

2. Side yard. In any side yard, as defined in Section 400.030 of this Code, unless the distance from the condenser unit or water cooling tower and closest side property line shall be not less than five (5) feet and unless the distance from the condenser unit or water cooling tower to the outside wall of any adjoining dwelling, as defined in the zoning ordinances of the City of Shrewsbury, shall be not less twelve (12) feet.

3. In front of an established building line. It shall be unlawful to install or replace any central air-conditioning system utilizing mechanical means to discharge or dispel warm air from any condenser unit installed on the exterior of any building or utilizing any existing or planned wall opening to exhaust or expel warm air by mechanical means to the outside of a building so that the air to be discharged, dispelled, exhausted or expelled shall be directed towards any dwelling, as defined in Section 400.030 of this Code.

Section 405.090 Minimum Landscaping Standards In Commercial And Industrial Zones.

[Ord. No. 2733 § 1, 9-10-2013; Ord. No. 2889 § 1, 7-11-2017]

A. Purpose. It is the purpose of this Section to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting, protection, maintenance, and removal of trees, shrubs, and other plants within the C-1, C-2, M-1 and M-2 zoning districts of the City of Shrewsbury, Missouri.

B. Intent. It is the intent of the Board of Aldermen of the City of Shrewsbury that the terms of this Section shall be construed so as to promote:

1. The planting, maintenance, restoration, protection, preservation, and survival of desirable trees, shrubs, and other vegetative species within the City; and

2. The protection of community residents from personal injury and property damage, and the protection of the City of Shrewsbury from property damage, caused or threatened by inadequate buffering, as well as by the improper planting, pruning, maintenance, or removal of trees, shrubs, or other vegetative species located within the City; and

3. The establishment of minimum standards for the provision, installation, maintenance, and removal of landscape plantings in order to achieve a healthy, visually pleasing, and safe community.

C. Definitions. For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them:

BOARD OF ALDERMEN

The Board of Aldermen of the City of Shrewsbury, Missouri.

BUFFER

A continuous area of land set aside along the perimeter of a lot in which plant materials may be used to provide a transition between, and to reduce the environmental, aesthetic, and other impacts of, one type of land use upon another.

CANOPY TREE

A self-supporting woody plant or species normally growing in the St. Louis Metropolitan Area to a mature height of not less than 20 feet and a mature spread of not less than 15 feet.

CITY RIGHT-OF-WAY

Property within the City limits of the City of Shrewsbury, Missouri, impliedly or expressly dedicated to the public for present or future use for purposes of vehicular or pedestrian traffic.

CONSTRUCTION SITE

Any portion of property, including the public rights-of-way, within the City of Shrewsbury where demolition, construction, grading, or excavation activity of any kind occurs for work performed pursuant to a building, excavation, grading, or demolition permit related to construction or expansion of a primary or accessory building.

CULTIVATED LANDSCAPE AREA

Planted areas that receive routine maintenance, such as mowing, irrigating, pruning, fertilizing, and similar routine maintenance, so as to ensure healthy plants and a well-kept appearance.

DECIDUOUS TREE

Canopy deciduous trees planted to satisfy the standards of this Section shall have a minimum diameter of three inches, measured at a point that is at least four feet above ground level.

EVERGREEN TREE

A tree that retains its leaves throughout the year, and is always green.

FRONTAGE

Plantings along the streets or within any open space directly accessible from the street.

LANDSCAPE PLANTINGS

Any combination of cultivated and planned living plants (excluding turf grass), such as ground cover, shrubs, vines, hedges, or trees.

LIMIT OF DISTURBANCE

A line as shown on the site plan that identifies the limit of construction, demolition, grading, or excavation activity of any kind.

MAINTENANCE

Any measure considered vital or beneficial to the proper care and cultivation of any tree, shrub, or other plant material, or considered necessary to abate nuisances. This includes pruning, irrigating, fertilizing, spraying or otherwise applying pesticides, staking, bracing, guying, cabling, wrapping, mulching, and insect and disease control, and any other horticultural practices performed as seen necessary to promote the general health of plant material.

MULCH

Non-living organic materials customarily used in landscaping designed to retain moisture, stabilize soil temperatures, control weed growth, and retard erosion. Rubber mulch and rock are not an acceptable mulching material.

ORNAMENTAL TREES

Decorative trees having a minimum caliper of two inches.

PROPERTY OWNER

The record owner or contract purchaser of any parcel of land.

SHRUB

A self-supporting woody perennial plant of low to medium height characterized by multiple stems and branches continuous from the base, usually not more than 10 feet in height at full maturity.

STREET TREES

Trees on City-owned property within the right-of-way of all streets, avenues, or ways within the City.

TREE

A woody plant typically growing as a single stem (rarely a multiple stem) in an upright form that will attain a mature height of at least 10 feet.

ZONING ADMINISTRATOR

The Building Commissioner of the City of Shrewsbury or his/her designee assigned to enforce the provisions of this Section through site plan review.

D. Street Trees And Landscaping Planted In The Public Right-Of-Way. The following arboricultural specifications and standards of practice for street trees to be planted in the public right-of-way are hereby adopted by the City.

1. Acceptable street trees. The tree to be planted shall be at least five feet in height when planted and shall be selected from a list of acceptable street trees maintained by the Zoning Administrator as an approved species of street tree.

2. Minimum distance between street and sidewalk. In no event shall a tree be planted where the clear space between the curb and a sidewalk is less than three feet, except where authorized by the Zoning Administrator. Ornamental trees shall be exempt from this restriction. Such street trees shall be placed midway between the curb (or edge of pavement) and sidewalk wherever practical.

3. Improper planting. Whenever any tree or landscaping shall be planted or set out in conflict with the provisions of this Section, or otherwise without the approval of the Zoning Administrator, it shall be deemed a public nuisance, and it shall be lawful for the Zoning Administrator to remove or cause removal of the same according to the procedures set forth herein, and the exact cost thereof shall be assessed to the violator as provided by law in addition to any fines assessed as provided herein.

4. City's rights. The City shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the lines of all streets, alleys, avenues, lanes, squares, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. Additionally, the Zoning Administrator may remove, cause, or order to be removed any tree or landscaping or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, waterlines, curbs, sidewalks or other existing or proposed public improvements, or is infected with any injurious disease, fungus, insect or other pest.

E. Landscape Plan — When Required. A landscape plan shall be filed with and approved by the Zoning Administrator along with a site plan (if required) prior to issuance of a building permit for new construction, changes to existing development, or use as follows:

1. Parcels of land upon which there is proposed construction of a new primary structure, or any development involving an increase in the building footprint of an existing primary structure by 25% or more;

2. Construction of any parking lot for more than six vehicles;

3. Installation or replacement of ground-mounted mechanical equipment or trash enclosures;

4. Any development within a "C-1" Shopping District, "C-2" Planned Commercial District, "M-1" Industrial District, "M-2" Planned Industrial District, or pursuant to a special use permit (if required by the Board of Aldermen upon issuance of said permit).

F. Landscape Plan Content. A landscape plan for each lot or parcel involved in the proposed development shall contain the following elements as requested by the Zoning Administrator:

1. Be prepared and sealed by a licensed landscape architect if the footprint of the building will be increased by 25%. If the footprint of the building will not be changed or will be increased by less than 25%, non-sealed drawings are acceptable.

2. Be drawn to scale, including dimensions and distances. Elevations and plan views of proposed landscaping shall be provided. The landscape plan shall also identify the limits of disturbance.

3. The landscape plan shall show the location of any easements or utilities.

4. Delineate the existing and proposed location of all buildings, structures, stormwater requirements, parking spaces, or other vehicular areas, access aisles, driveways and similar features.

5. Designate by name, size and location the plant material to be installed or preserved in accordance with the requirements of this Subsection.

6. Identify and describe the location and characteristics of all other landscape materials, signs, walls, fences, berms, lights, fountains or sculptures to be used.

7. Show all landscape features, including areas of vegetation to be preserved, in context with the location and outline of existing and proposed buildings and other improvements on the site, if any.

8. Include a tabulation clearly displaying the relevant statistical information necessary for the City staff to evaluate compliance with the provisions of this Subsection, including:

a. The tabulation of the minimum landscaped area as required by these regulations, including impervious site coverage calculations.

b. The tabulation of the minimum number of plant material and planting units as required by these regulations.

c. A plant list that includes the botanical and common names, quantity of plants, plant size, and selective characteristics of the plants provided. Label which landscape requirement the plant material satisfies (i.e., buffer, frontage, etc.).

d. Gross acreage; open space available, percentage of area landscaped, percentage of area sodded or where ground cover is used.

9. An irrigation plan indicating the location of sprinklers or water outlets (C-1 and C-2 Zones only).

10. Estimated landscape installation cost (substantiating documentation required).

11. Contain such other information that may be required by City staff that is reasonable and necessary to determine that the landscape plan meets the requirements of this Subsection.

12. Delineate separately any stormwater management requirements and list plant material separately.

13. Plan review. The Zoning Administrator shall review all landscape plans for compliance with these regulations and either approve, approve with conditions, or disapprove within 30 calendar days of receipt. If approved with conditions, the applicant shall submit a revised landscape plan reflecting modifications to incorporate those conditions prior to issuance of a building permit. Any application not acted upon within 30 calendar days of the staff-certified receipt of a completed application shall be deemed approved.

14. Appeals. Any applicant whose landscape plan has been disapproved, or whose landscape plan has been approved with conditions, which the applicant declines to comply with, may appeal the determination to the Board of Adjustment within 10 calendar days of the Zoning Administrator's determination.

G. Landscape Design Standards. The following standards shall be considered the minimum requirements for the installation of all plant materials in accordance with an approved landscape plan, or within public rights-of-way:

1. Size; digging.

a. Size specifications. Unless otherwise stated in this Subsection, all size specifications for plant materials shall be based upon the American Standards for Nursery Stock specifications, put forth by the American Nursery & Landscape Association (ANLA). When minimum caliper is specified for tree plantings, the caliper of the tree trunk shall be taken at four feet above the ground level.

b. Digging in street rights-of-way or easements. It shall be the responsibility of the person planning to install plant materials pursuant to an approved landscape plan within a street right-of-way or a utility easement to notify the Zoning Administrator, and any utility company or public agency having any underground utilities within such right-of-way or easement prior to such installation.

2. Minimum tree and shrub planting or preservation requirements.

a. Existing landscaping. Unless a new site plan or landscape plan is required as described herein or otherwise by the City, existing landscaping to be retained in new developments or redevelopments may be credited as satisfying all or a portion of the requirements listed herein, provided they are determined by the Zoning Administrator to be acceptable species and in good condition.

b. Interference. Trees shall not be placed where they interfere with site drainage or any type of public infrastructure. Additionally, they may not be placed where they shall require frequent pruning in order to avoid interference with overhead utility lines.

c. Acceptable tree species or varieties. Trees planted on existing developed sites, in conjunction with new developments and within public rights-of-way within all zoning districts, shall be of the species, cultivars, or varieties listed in the City of Shrewsbury Tree List, except as otherwise provided herein. The Zoning Administrator may, from time to time, modify, delete or add to the species varieties listed in such list.

H. Landscape Materials.

1. Design objective. The landscape material standards have the design objective of complementing well-designed sites and buildings, providing seasonal color and interest along streetscapes, and screening intensive elements of sites from public view where better site design is not possible.

2. Frontage.

a. For C-1 and C-2 Zones: one canopy deciduous tree for every 35 feet of lot frontage and planted within 15 feet of the curb, but not closer than three feet to the curb.

b. For M-1 and M-2 Zones: one evergreen tree for every 20 feet of lot frontage, and planted within 10 feet of the curb, but not closer than three feet to the curb. The intent of this frontage planting is to provide a dense buffer between the M-1 or M-2 development and the adjoining parcels.

3. Building grounds (For C-1 and C-2 Zones Only).

a. One ornamental tree and 10 shrubs, perennials, ground cover or ornamental grasses shall be planted for every 20 feet of linear building wall frontage that faces any area that is viewed from either a sidewalk, parking lot, drive area or street.

b. If there is not enough open space available to meet this requirement, the Zoning Administrator will determine the minimum landscape requirement based on available open space.

4. Parking areas (For C-1 and C-2 Zones Only). All surface exterior parking shall meet the following landscape requirements:

a. One to six spaces: no requirement, subject to the Zoning Administrator's additional requirement.

b. Seven to 20 spaces: at least four feet of landscape planting buffer depth around the perimeter of the parking area; three shrubs and one ornamental tree for every four spaces.

c. Twenty-one or more spaces: at least six feet of buffer around the perimeter; five shrubs and one ornamental tree for every 10 spaces plus five shrubs and one ornamental tree for every 200 square feet of internal islands. Large deciduous trees may be substituted one-for-one for ornamental trees. This requirement may be waived in whole or in part by the Zoning Administrator if it is determined that there is not sufficient space to meet such a requirement while satisfying minimum parking requirements of the Zoning Code.

d. There shall be a minimum of one planting island within and up to every 100 linear feet of parking for each parking row. This requirement may be waived by the Zoning Administrator if it is determined that there is not sufficient space to meet such a requirement while satisfying minimum parking requirements of the Zoning Code. Such islands shall be spaced evenly wherever possible, and the ends of parking rows abutting a circulation aisle shall be defined by a planting island wherever feasible. These planting island areas shall be protected from vehicular encroachment by vertical, reinforced concrete curbing of a type specified by the Zoning Administrator. Rain garden inlets shall be an exception. The use of unreinforced extruded curbing of asphalt or other materials is prohibited.

e. Planting islands shall generally not be less than 90 square feet in area and six feet wide, as measured from back of curb to back of curb.

f. In instances where vehicle parking occurs perpendicular or parallel to parking islands, only low-profile ground cover (grass, ivy, creeping juniper, wood mulch, or similar materials), shall be installed within 42 inches of the back of the curb.

g. No landscape hedge, bushes, shrubs, or other low-growing plant material, wall or berm shall exceed three feet in height within five feet of any driveway opening.

5. Curbing. All curbing throughout the site must be constructed with concrete materials. Asphalt curbing is prohibited. All interior landscape areas shall be raised and curbed. Adequate scuppers and/or weep holes shall be provided through the curbing to permit drainage.

6. Tree species mix.

a. When more than 10 trees are to be planted to meet the requirements of this Subsection, at least three different species shall be provided. If more than 20 trees are planted, at least four different species shall be planted.

b. All shrubs planted must be a twenty-four-inch minimum height or spread and/or of a five-gallon pot size.

c. All perennial or ground cover planting must be a minimum of one-gallon pot size.

7. Planting materials. Planting materials shall be ornamented types found to be hardy in USDA Zones 5 and 6.

I. Requirements for Areas Adjacent To Streets. Where a building is set back from a public street or sidewalk at least 10 feet, a landscape planting strip between six feet and 10 feet in width shall be provided and maintained. The strip shall separate any off-street parking and drive areas from any public or private street.

J. Required Screening Of Mechanical Equipment And Loading Areas.

1. Ground-mounted equipment and loading areas. All mechanical equipment, ground-mounted equipment, storage of materials and equipment, and loading areas shall be adequately screened so as to protect all contiguous property against undesirable effects. For this purpose, all such equipment and loading zones shall be contained within a fully enclosed building or in a side or rear yard so screened by berms, dense vegetative plantings, wooden fences, or brick walls, or combinations of these materials subject to the approval of the Zoning Administrator at least six feet in height so that such materials and equipment are not visible at eight feet above the grade of the adjacent street(s) and adjoining property lines.

K. Buffer Requirements. Where any parcel abuts a residential district or development, a ten-foot-perimeter landscape buffer and a solid fence six feet in height shall be provided and maintained along all rear and side property lines where it abuts the residential district or development. Subject to the discretion of the Zoning Administrator, this solid fence shall be constructed with materials and in such a manner as to inhibit the transference of sound from the commercial site to the abutting residential district or development. The buffer area shall contain plant material with a minimum height of eight feet, planted in such a manner to act as a vegetative screen. Additional plant material shall be installed in front of the screening plants. The height of such fence and evergreen plant material may be reduced if used in conjunction with a berm whose height in combination with the fence will achieve the standard specified herein. The berm shall not exceed a slope of 30° and shall be completely covered with shrubs, grass, or other living ground cover, in addition to the screening plant material specified herein.

L. Sodding Requirements. All areas on the site which are not to be covered by buildings, parking and loading areas, and driveways, and which are not subject to other landscape treatment in accord with an approved site plan, shall be graded in accord with such corresponding site plan and landscape plan and covered with sod.

M. Irrigation (For C-1 and C-2 Zones Only). Landscaped areas shall be provided with adequate irrigation for the maintenance of grass, shrubs, ground cover and other plant materials by utilizing a sprinkler system, hose bibs, and/or such other method of providing water. An irrigation plan shall be provided as part of the landscape plan.

N. Maintenance Standards For Trees And Cultivated Landscape Areas. The following standards shall apply to the maintenance of cultivated landscape areas which are part of a landscape plan as required and as defined herein:

1. Maintenance responsibility. The owner of land shall be responsible for the maintenance of all landscape plantings located on his/her land and within the right-of-way to which the land abuts. All required landscape plantings shall be permanently maintained in good condition with at least the same quality and quantity of landscaping as initially approved.

2. Stump removal. The stumps of all removed trees shall be ground out to at least three inches below the ground level, the chips removed, the soil cavity filled with soil, and the area leveled. If the area where the tree is removed is to be paved, the top of the stump shall be ground out to at least six inches below the ground level.

3. Required replacement of trees and landscaping. If any trees or vegetation that satisfy the requirements of this Code die or are removed, they shall be replaced with plantings which are of acceptable type, size and species and in locations which comply with the provisions of this Section and any previously approved site and landscape plan. Such replacement shall take place within three weeks of notification from the Zoning Administrator, unless otherwise provided by the Zoning Administrator. A landscape plan shall not be required if the replacement plantings match a previously approved landscape plan. If replacement will significantly vary from an approved landscape plan, a new plan may be required.

O. Interference With City Officials. No person shall unreasonably hinder, prevent, delay, or interfere with the Director of Administration, Zoning Administrator, Code Enforcement Officer, Parks and Recreation Director, or any other City official, officer or designee engaged in the execution or enforcement of this Section.

P. Miscellaneous Prohibited Acts. It shall further be unlawful and a violation of this Section for any person or contractor to attach any rope, wire, nails, posters, or other contrivance to any tree on City-owned property or public right-of-way unless approved by the Zoning Administrator after consultation with the Parks and Recreation Director.

Q. Violation And Penalty. Any person who violates any provision of this Section or who fails to comply with any notice issued pursuant to the provisions of this Section, upon being found guilty of violation, shall be subject to a fine not to exceed $500 for each separate offense. Each day during which any violation of this provision of this Section shall occur or continue shall be a separate offense. If, as the result of the violation of any provision of this Section, the injury, mutilation, or death of a tree, shrub, or other plant located on City-owned property is caused, the cost of repair or replacement of such tree, shrub, or other plant shall be borne by the party in violation in addition to any fines described herein.

Section 405.100 Medical Marijuana.

[Ord. No. 2968, 8-27-2019]

A. The purpose of this Section is to regulate the placement and licensing of facilities for the dispensing, selling, cultivating, manufacturing, storing, and testing of marijuana and marijuana-infused products, to the extent permitted by the Missouri Constitution, applicable Statutes enacted by the General Assembly, and regulations promulgated by the Missouri Department of Health and Senior Services, and to protect the health, safety, and welfare of the residents, businesses, and property owners in the City.

1. For purposes of this Section, the following terms shall mean:

SCHOOL

Any public or private institution for elementary or secondary education but shall not include any home-based education facility.

CHILD DAY CARE CENTER

Shall include only those child day care facilities licensed by the Missouri Department of Health and Senior Services.

CHURCH

Shall include those buildings designed for an assembly of a large number of people that are actually and consistently used for religious worship.

2. Each medical marijuana cultivation facility, medical marijuana-infused products manufacturing facility, medical marijuana testing facility or medical marijuana dispensary facility shall be located on properties that meet the following distance requirements:

a. No marijuana related uses shall be operated or maintained within five hundred (500) feet of any school, child day care center, church or public library.

b. No marijuana related uses shall be operated or maintained within one thousand five hundred (1,500) feet of another marijuana related use except when marijuana sales represent less than five percent (5%) of the dollar volume of business in a State or Federally licensed pharmacy. Marijuana related uses under the same ownership and on the same property are exempt from this requirement.

c. No marijuana related uses shall be operated or maintained within five hundred (500) feet of a residentially zoned district.

d. The distances described in this Section shall be computed by direct measurement from any property line of land used for the above purposes to the nearest property line of the parcel used for a medical marijuana cultivation facility, medical marijuana testing facility, medical marijuana-infused products manufacturing facility or medical marijuana dispensary facility, using a straight line.

3. No marijuana or marijuana-infused product shall be displayed so as to be visible through glass, windows, or doors by a person of normal visual acuity standing at the outside perimeter of a facility.

4. The sale or consumption of alcohol within a facility is prohibited.

5. No person under the age of eighteen (18) shall be allowed in any portion of a medical marijuana cultivation facility, medical marijuana testing facility or medical marijuana-infused products manufacturing facility. The entrance to a facility shall be clearly and legibly posted with notice indicating that persons under the age of eighteen (18) are precluded from entering the premises.

6. A medical marijuana dispensary facility shall not dispense more than four (4) ounces of a usable form of medical marijuana per patient in a thirty-day period, except as otherwise allowed by law. All marijuana sold or otherwise distributed shall be in a sealed container. Such packaging shall have a label that indicates the quantity and advises the purchaser that the marijuana is intended for use solely by the patient, and that any resale or redistribution to any third person is a criminal violation.

7. The consumption, inhalation or other personal use of marijuana or medical marijuana-infused products on or within the premises of a medical marijuana cultivation facility, medical marijuana testing facility, medical marijuana-infused products manufacturing facility or medical marijuana dispensary facility is prohibited, except that a medical marijuana testing facility may consume marijuana during the testing process and only as the consumption relates to the testing process.

8. Security Plans. A medical marijuana cultivation facility, medical marijuana testing facility, medical marijuana-infused products manufacturing facility or medical marijuana dispensary facility shall provide adequate security on the premises, including, but not limited to, the following:

a. Surveillance. Security surveillance cameras installed to monitor each entrance to the facility along with the interior and exterior of the premises to discourage and to facilitate the reporting and investigation of criminal acts and nuisance activities occurring at the premises. Security video shall be preserved for at least ninety (90) days and be made available to Law Enforcement Officers upon demand.

b. Inventory. All salable inventory of marijuana must be kept and stored in a secured, locked manner.

c. Safe. A locking safe or secure vault permanently affixed or built into the premises to store any currency on-site.

d. Alarm System. Professionally monitored robbery alarm and burglary alarm systems shall be installed and maintained in good working condition within the facility at all times.

e. Emergency Contact. Each facility shall provide the Chief of Police with the name, cellular telephone number, electronic mail address, and facsimile number of at least two (2) on-site facility employees or authorized representatives to whom the City may provide notice of any operating problems associated with the facility. It shall be the responsibility of the licensee to keep up to date the contact information of the facility employee.

9. Operating Plans. As a condition of processing of a business license application, a facility operator shall provide at the time of filing the business license application a detailed operations plan and, upon issuance of a license, shall operate the facility in accordance with the plan. Such plan shall include:

a. Floor Plan. A plan showing the layout of the facility and the principal uses of the floor area depicted. A medical marijuana dispensary facility shall have a lobby waiting area at the entrance to the center to receive clients, and a separate and secure designated area for dispensing medical marijuana to qualified patients or designated primary caregivers. The primary entrance of any stand-alone facility shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways. All storage areas shall be shown and labeled.

b. Odor Controls. A facility shall provide a plan for the mitigation and control of odors and other environmental impacts which may emanate from a facility. Such plan shall describe the ventilation system for the premises. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises of a facility or other changes to a facility may be required to abate a public nuisance.

10. Signage.

a. A sign for a medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall comply any and all City ordinances regulating signs.

b. A sign for a medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall be located on the same premises as the facility.

11. Each facility shall at all times possess a current City business license. By obtaining a City business license, the facility licensee irrevocably consents to the immediate closure and cessation of operation of the facility in addition to all other penalties or remedies available by law for the failure to possess a current City business license.

12. It shall be unlawful for any person to distribute, transmit, give, dispense or otherwise provide medical marijuana as a home occupation.

13. No medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall be operated within the City without a valid license issued by the Missouri Department of Health and Senior Services. No marijuana or marijuana-infused products shall be acquired, certified, cultivated, delivered, manufactured, processed, sold, stored, tested, or transported within the City, except by persons or entities licensed for such purposes by the Missouri Department of Health and Senior Services.

B. All businesses engaging in marijuana related uses shall obtain a business license under the requirements of Chapter 610 of the Municipal Code.