[Ord. No. 4238 §2(604.3,A), 10-3-1988]
A.
Conditional
uses are those types of uses which are considered by the City to be
essentially desirable, necessary or convenient to the community, but
which by their nature or in their operation have:
1.
A tendency to generate traffic,
2.
A potential for attracting a number of persons to the area of the
use, thus creating noise or other pollutants,
3.
A detrimental effect upon the value or potential development of other
properties in the neighborhood, or
4.
A potential for accidents or danger to public health or safety.
B.
It
is hereby declared that certain land uses and developments present
unique problems with respect to their proper location and relationship
to other land uses. Therefore, analysis and judgment of the consequences
of each development and use is necessary to preserve and promote the
public health, safety and general welfare. Such land uses and developments
are identified in each particular zoning district under conditional
uses.
[Ord. No. 4238 §2(604.3,B), 10-3-1988; Ord. No. 4274 §14, 6-5-1989; Ord. No. 4313 §6, 3-5-1990; Ord. No. 4863 §1, 8-4-2003; Ord. No. 4890 §3, 3-1-2004; Ord. No. 4951 §1, 9-19-2005]
A.
General. The granting of a conditional use permit may be
initiated by a verified application of one or more of the owners of
record or owners under contract of a lot or tract of land, or their
authorized representatives, or by a resolution of intention by the
Planning and Zoning Commission or the City Council. Procedures for
application, review and approvals of a conditional use permit shall
be as follows.
B.
Application. Application for a conditional use permit for
a specific tract of land shall be addressed to the Planning and Zoning
Commission and filed in its public office. The application shall be
filed on forms prescribed for that purpose by the Commission and shall
be accompanied by the following:
1.
Filing fee per requirements of the City.
2.
Legal description of the property.
3.
Outboundary plat of the property.
5.
Site plan review criteria for existing buildings or structures:
a.
Site outboundary plat of a scale to allow all necessary detail to
be adequately displayed, showing existing buildings, structures, drives,
parking spaces, and identifying all adjacent properties, their uses,
and adjacent streets.
b.
A plan depicting existing and proposed landscaping, fencing, parking
lot lighting and location, type and nature of screening properties,
their uses, and adjacent streets.
c.
The property shall be identified by lot lines and location, including
dimensions, angles and size, correlated with the legal description,
include street address. It shall also include the name, address and
telephone number of the property owner and/or lessee.
d.
A brief narrative report shall be provided to include an explanation
of the character of the proposed use.
e.
Any other information deemed necessary by the Commission.
f.
All plans, architectural drawings, renderings or other materials
or visual aids, either submitted to the Planning and Zoning Commission
or presented at their meeting, shall become the property of the City
and part of the permanent record of any decision.
C.
Public Hearing. A public hearing on the application shall be held by the Commission in accordance with the provisions of Section 405.580 except that the public notice shall indicated that the public hearing is for conditional use permit. Owners of property within three hundred (300) feet of the property in question are to be notified by mail fifteen (15) days in advance of the public hearing.
The public hearing shall be held not later than the second (2nd)
regular monthly meeting of the Commission from the date of filing
after verification by the Zoning Administrator that the petition meets
the minimum application requirements. The public hearing requirements
shall be the same if a petition for a conditional use permit is initiated
by resolution of intention by the Commission or by the City Council.
D.
Burden Of Proof. In presenting any application for a conditional
use permit to the Planning and Zoning Commission for review and approval,
the burden of proof shall rest with the applicant to provide any necessary
evidence required by the Commission to support the required findings
of fact, such as:
2.
The impact of projected vehicular ingress and egress of the use and
whether it is detrimental with regard to the surrounding traffic flow,
pedestrian safety and accessibility of fire fighting equipment;
3.
Whether such building, development or use is consistent with good
planning practice;
4.
Whether such building, development or use can be operated in a manner
that is not detrimental to the permitted developments and uses in
the district;
5.
Whether such building, development or use can be developed and operated
in a manner that is visually compatible with the permitted uses in
the surrounding area;
6.
Whether, and in what respects, such building, development or use
would adversely affect the public health, safety or general welfare
of the residents of the City of Richmond Heights;
7.
Whether such building, development or use will cause substantial
injury to the value of neighboring property;
8.
Whether such building, development or use complies with the overall
neighborhood development plan and existing zoning district provisions
(not required for planned development);
10.
Whether such building, development or use complies with all applicable
provisions of this Chapter; and
11.
Whether such building, development or use has adequate access for
fire protection and emergency vehicles.
E.
Approval Or Denial Of Application By Findings Of Fact. After
receiving and considering the evidence submitted, if any, the Planning
and Zoning Commission, following its public hearing on the matter,
shall vote separately on whether such building, development or use:
1.
Will not adversely affect traffic safety;
2.
Will not substantially increase fire hazards;
3.
Will not substantially adversely affect the character of the neighborhood;
4.
Will not adversely affect the general welfare of the community;
5.
Will not overtax public utilities;
6.
Will not adversely affect public safety and health;
7.
Will not adversely affect stormwater runoff;
8.
Is consistent with good planning practice or conforms to the Master
Plan;
9.
Can be operated in a manner that is not substantially detrimental
to the permitted developments and uses in the district; and
10.
Can be developed and operated in a manner that is visually compatible
with the permitted uses in the surrounding area.
If the Commission's findings be affirmative as to any of the
subjects referred to in (1) through (7) or be negative as to any of
the subjects referred to in (8) through (10) above, then the petition
shall be denied. In approving such conditional uses, the Commission
shall impose such conditions as it determines necessary. Said conditions
shall include but not be limited to the following:
a.
Permitted uses, including maximum floor area.
b.
Performance standards.
c.
Height limitations.
d.
Minimum yard requirements.
e.
Off-street parking and loading requirements.
f.
Sign regulations.
g.
Minimum requirements for site development plans.
h.
Time limitations for duration of the use or subsequent review.
i.
Architectural elevations of any proposed structures.
j.
All proposed landscaping.
k.
Enhanced fire protection systems or features.
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These and any other conditions deemed necessary by the Commission
may be made more restrictive than the minimum requirements of the
respective zoning districts within which a conditional use may be
located.
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F.
Permit Effective, When. Unless the City Council exercises
its power of review, or a duly filed protest is received by the City
Clerk, a conditional use permit, or an amendment thereto, shall become
effective following the regularly scheduled meeting of the City Council
at which the report of the Planning and Zoning Commission concerning
the proposed conditional use permit is received. In the event that
a conditional use permit application is filed in conjunction with
a change of zoning, the permit shall not become effective until the
date of enactment of the ordinance authorizing the zoning change.
In the event that some additional approval is required by some other
governmental authority or agency, the permit shall not become effective
until that approval is received.
G.
Effect Of Denial. Upon denial by the Planning and Zoning
Commission of an application for a conditional use permit, the Commission
shall notify the applicant of the denial. If no appeal is filed from
the denial and if the City Council does not exercise its power of
review, no subsequent application with reference to the same property
or part thereof shall be filed by the same applicant for the same
use until the expiration of twelve (12) months after the denial. No
provision herein shall be construed to prevent the Planning and Zoning
Commission or the City Council from initiating the procedure provided
in this Section by a resolution of intention at any time.
H.
Written Report. A written report of the vote on each issue
approved by the Planning and Zoning Commission shall be transmitted
by the Chairman to the City Council within sixty (60) days of the
Commission's determination.
[Ord. No. 4238 §2(604.3,C), 10-3-1988]
A.
Appeal By Petitioner From Decision. Upon a decision having
been reached by the Planning and Zoning Commission concerning an application
for a conditional use permit, the applicant may file an appeal with
the City Council requesting a determination from that body. The appeal
shall specifically state how the application as initially filed or
subsequently modified meets the applicable criteria set forth in this
Chapter.
B.
Protest By Nearby Property Owners To Decision. Owners of
twenty percent (20%) (by area) of the property within one thousand
(1,000) feet of the property in question may file a protest with the
City Council concerning the decision of the Planning and Zoning Commission,
as specified herein. A Notice of Protest must be filed within twenty
(20) days following the Commission's decision, be in writing, filed
in duplicate with the City Clerk, and accompanied by the signatures
and addresses of the property owners involved. The Notice of Protest
shall include a notarized verification from the person(s) collecting
the protestants' signatures that all signatures are correct and authentic.
The protest shall specifically state how the application, as initially
filed or subsequently modified, meets (or fails to meet) the criteria
set forth in this Chapter.
C.
City Council Review Of Decision. The City Council may exercise
the power of review of any Planning and Zoning Commission decision
on an application for a conditional use permit, or an amendment thereto,
upon motion adopted by a majority vote at the regularly scheduled
meeting of the Council at which the report of the Commission on the
application is received.
D.
Public Hearing By The City Council. Before acting on any
appeal, review or protest, the City Council shall set the matter for
hearing. The City Council shall give written notice of such hearing
to the applicant and all other persons who appeared and spoke in opposition
to the application at the public hearing before the Planning and Zoning
Commission or to protestants in case of a protest.
E.
City Council Decision. Following the hearing by the City Council on an appeal, review or protest, the City Council may by motion affirm, reverse or modify, in whole or in part, any determination of the Planning and Zoning Commission. An affirmative vote of the City Council shall be required to pass a motion to reverse or modify any determination of the Commission. The City Council shall vote on the findings of fact as set out in Section 405.410(E).
[Ord. No. 4238 §2(604.3,D), 10-3-1988]
In order to amend an existing conditional use permit, the application
procedures, required materials, approval process, and appeal process
shall be the same as for a new permit.
[Ord. No. 4238 §2(604.3,E), 10-3-1988]
Prior to the issuance of any building permit, or permit authorizing
the use of the property in question, the property owner shall record
a copy of the approved conditional use permit, including all attached
conditions. The approved site plan, legal description of the property,
and outboundary survey, along with any subsequent amendments, shall
be recorded with the St. Louis County Recorder of Deeds.
[Ord. No. 4238 §2(604.3,F), 10-3-1988]
A.
No
conditional use permit granted by the Council shall be valid for a
period longer than one hundred eighty (180) days from the date such
permit is granted unless within such period:
[Ord. No. 4238 §2(604.3,G), 10-3-1988]
Upon a finding that an approved conditional use permit will
or has become unsuitable and/or incompatible in its location as a
result of any nuisance or activity generated by the use or basic changes
within the general neighborhood, or through non-compliance with any
of the conditions attached to its approval, the Planning and Zoning
Commission or City Council reserves full authority to revoke the approval
at any time.
[Ord. No. 4238 §2(604.3,H), 10-3-1988; Ord. No. 5294 §1, 6-15-2015]
A.
All conditional use permits shall be approved for the originating
applicant for a specific location.
B.
A conditional use permit may be transferred to another applicant
where the use of the property is substantially the same as the use
for which the original permit was issued and no substantial changes
are proposed for the property. The transfer may occur, provided that
the new applicant provides a written request to the Zoning Administrator
for the transfer; the applicant shall state in the request that he
or she is aware of all conditions of the conditional use permit and
will abide by all the conditions. The applicant shall then record
the reissued conditional use permit with the St. Louis County Recorder
of Deeds, and provide a copy of recording to the Zoning Administrator.
C.
Should the business or use for which the conditional use permit was
sought be transferred to a different ownership, a new conditional
use permit shall be required in those instances where:
D.
In all cases where the Zoning Administrator believes there is a substantial
change in use or the property, or if problems have been reported regarding
the property use a public hearing and new conditional use permit shall
be required.
[Ord. No. 4238 §2(604.3,I), 10-3-1988; Ord. No. 5014 §1, 3-5-2007; Ord.
No. 5212 §1, 10-15-2012]
A.
A motor
vehicle oriented business is a commercial business which, by design,
type of operation, or nature of business, has as one (1) of its functions
the provision of services to a number of motor vehicles in a short
time span for each, or the provision of services to the occupants
of motor vehicles while they remain in such vehicles. The list of
businesses subject to this Section includes gasoline service stations,
drive-in banks, drive-in restaurants, drive-in beverage sales and
car wash operations, which examples are not intended as a comprehensive
list of such businesses but are merely illustrative. Retail pharmacies
with drive-through facilities shall not be considered motor vehicle
oriented businesses.
B.
Motor-vehicle-oriented
business may only be permitted in the "C-1", " C-2" and "PD" Districts
and then only after review and report by the Planning and Zoning Commission
and approval by the City Council for the specific location and treatment
as shown on the approved site plan. Restriction: Motor-vehicle-oriented
businesses shall be prohibited on Clayton Road west of Hanley Road
and prohibited on Brentwood Boulevard, on the west side entirely,
and from Clayton Road to Antler Drive on the east side of Brentwood
Boulevard. The site plan shall be subject to the following conditions
and procedures:
[Ord. No. 5468, 9-7-2021]
1.
Permits issued, when.
a.
A building permit shall be issued for the construction of additions
to motor vehicle oriented businesses only when the plans have received
a conditional use permit approved by the City Council and such plans
comply with the approved site plan.
b.
An occupancy permit shall be issued when the provisions of this Section
have been met and the specified conditions of the City Council complied
with.
2.
Site plan required. A site plan and accompanying
information for a motor vehicle oriented business conditional use
permit shall be submitted and show the following:
a.
Structures. The location and dimensions of all structures
including buildings, pump islands, screened trash areas, fencing and
lighting (show direction and level of illumination).
b.
Parking and circulation. The location and dimensions
of all off-street parking and ingress and egress locations.
c.
Natural features. The location of all streams, rock
and stone outcropping, existing trees and other natural features,
and detail on the manner in which such features will be treated. Also,
include site topography showing contours at an interval no greater
than two (2) feet.
d.
Landscaping. A complete plan and schedule of landscaping
on the site and adjoining public rights-of-way with detail on the
number, location, size and name of each plant species (both scientific
and common name) together with detail on facilities required for maintenance
of such landscaping.
e.
Architectural elevations. A plan which indicates
the building height and roof line together with detail on exterior
materials to be used and lighting to be installed.
3.
Location limitations. All motor vehicle oriented
businesses must be a minimum of one hundred fifty (150) feet from
other motor vehicle oriented businesses, which distances shall be
computed as follows:
a.
For such businesses on the same side of the street, a minimum of one hundred fifty (150) feet between the two (2) closest property lines, said minimum distance, however, being subject to the effect of the additional requirements set forth in subparagraphs (b) and (c) of this Subsection (B)(3).
b.
For such businesses on opposite sides of the street, no such businesses
shall be allowed on a lot where a line, drawn from both or either
front corner of said proposed lot, across the street and perpendicular
to the street right-of-way on which the proposed lot fronts, crosses
the right-of-way on the opposite side of the street at a point less
than one hundred fifty (150) feet from the closest property corner
of an already existing or approved motor vehicle oriented business
lot on said opposite side of the street.
c.
For four-corner intersections, two (2) motor vehicle oriented businesses
may be allowed at such an intersection but only on diagonally opposite
corners, regardless of their distance from one another; however, no
other motor vehicle oriented businesses shall be allowed within one
hundred fifty (150) feet of those intersection corners that are unoccupied
nor within one hundred fifty (150) feet of the property lines of those
motor vehicle oriented businesses so situated on corner lots.
4.
Site design standards. The following site design
standards shall be met for all motor vehicle oriented businesses:
a.
Minimum lot area. Twenty thousand (20,000) square
feet.
b.
Minimum lot frontage. One hundred fifty (150) feet
(on corners, the frontage requirements shall apply to only one (1)
side.
c.
Lot area per pump island for gasoline service stations. Gasoline service stations shall be limited to two (2) service islands
and three (3) gasoline pumps per island for the minimum size lot.
One (1) service bay and three (3) pumps may be added for each one
thousand (1,000) square feet of site area exceeding the minimum; however,
in no case shall more than six (6) service islands be allowed at any
gasoline service station nor more than three (3) pumps permitted on
each island and no more than three (3) service bays shall be allowed
for each such station.
d.
Setbacks. From
public streets and property lines, setbacks shall be as follows:
1.
Front yard. There shall be a front yard having a
depth of not less than thirty (30) feet. Front yards shall conform
to minimum standard widths of streets and roads, and to future street
and highway widenings according to the setback lines herein provided
for. Front yards shall be measured from proposed right-of-way lines
where setback lines are herein established, and otherwise from an
actual or potential right-of-way of a fifty (50) foot wide road, street
or highway.
Where a lot is located at the intersection of two (2) or more
streets, the front yard requirements shall apply to each street. No
accessory building, service islands, and other service or pickup facilities
shall project beyond the front building setback line.
2.
Side yard. There shall be a side yard on each side
of the building of not less than five (5) feet. Side yard requirements
shall be twenty-five (25) feet where abutting any residential district.
3.
Rear yard. There shall be a rear yard having a depth
of not less than twenty-five (25) feet.
5.
Drainage. All sites shall provide for proper stormwater
runoff to prevent flooding and/or ponding subject to approval of the
Street Superintendent.
6.
Trash storage area. All motor vehicle oriented businesses
shall provide suitable storage of trash with areas which are so designed
and constructed as to allow no view of the trash storage from the
street, to prevent waste from blowing around the site or onto adjacent
properties or public rights-of-way, and to permit safe, easy removal
of trash by truck or hand.
7.
Used oil storage. All used oils and other similar
materials and products shall be stored only in underground or inside
areas.
8.
Vehicular areas.
a.
The entire area used by vehicles for parking, storage and service,
etc., shall be paved with bituminous concrete, Portland cement or
other material approved by the Street Superintendent.
b.
A raised Portland cement concrete curb shall be placed at the edge
of all pavement except at points of ingress and egress.
c.
All hydraulic hoists, pits, lubrication, washing, repair and service
not of an emergency nature shall be conducted entirely within a building.
9.
Ingress and egress.
a.
The minimum width of driveways at the property line shall be twenty-four
(24) feet, and not greater than thirty-six (36) feet.
b.
The minimum distance of any driveway to property line shall be fifteen
(15) feet.
c.
Driveway openings shall be limited to one (1) drive per one hundred
(100) feet of lot width.
d.
The minimum distance of a driveway into a site from a street intersection
shall be seventy-five (75) feet measured from the intersection of
the street right-of-way to the nearest end of the curb radius.
e.
The angle of driveway intersection with the street shall be based
upon reasonable criteria for safe traffic movements and shall be approved
by the Street Superintendent.
f.
Motor vehicle oriented businesses adjacent to or integrated into
a shopping center or cluster of commercial facilities shall use the
common access with other business establishments in that center.
11.
Landscaping and open space.
a.
All areas of the site not paved shall be landscaped with a mixture
of trees, shrubs, flowers, grass, or other living ground cover to
retard water runoff, restrict blowing trash, and deter improper and
unsafe access and site use by the public. Trees shall be no less than
three (3) inch caliper measured six (6) inches from the ground level.
Street areas not approved for driveways shall be planted in grass.
b.
Landscaped areas shall constitute at least thirty percent (30%) of
the site area.
c.
Pavement shall not be allowed in front or side yard street setbacks
except for driveways.
d.
All landscaping plant materials shall be kept alive and in excellent
condition.
e.
Landscaped areas shall not be used for the purpose of storing vehicles,
trailers or other equipment.
f.
All paved and landscaped areas shall, at all times, be kept in good
repair and in excellent condition in accordance with this and other
ordinances of the City of Richmond Heights, and the continuous maintenance
of said areas is to be the responsibility of the owner(s) and/or lessee(s)
of the property.
12.
Lighting. Exterior lighting proposed for use on
the site shall be planned, erected and maintained so the light is
confined to the property and will not cast direct light or glare upon
adjacent properties or public rights-of-way. The light source shall
not be higher than twenty (20) feet and shall not be visible from
adjacent properties or public rights-of-way.
13.
Parking. All motor vehicle oriented businesses shall provide for off-street parking in a manner which conforms to the regulations set forth in Article VI of this Chapter and to all other applicable ordinances of the City of Richmond Heights.
14.
Signs. All signs on the site shall conform to the
regulations set forth in the City of Richmond Heights Sign Ordinance.
15.
Storage of merchandise and material. All merchandise
and material for sale and all vending machines shall be displayed
within an enclosed building except for the following:
a.
Oil for use in motor vehicles may be displayed or sold from an appropriate
rack or compartment at the gasoline station pump islands for the convenience
of the customer and station attendant.
16.
Storage of flammable materials. Flammable materials
used in the conduct of motor vehicle oriented businesses shall be
stored within the building setback lines and in below ground storage
tanks. Proper care shall be exercised in the design of the proposed
storage containers to protect public safety.
17.
Other conditions. The Planning and Zoning Commission
may recommend, and the City Council may require, provisions for other
conditions which will tend to eliminate or reduce public nuisances
caused by noise, heat, odors, smoke, dust, vibration, glare, flooding
and traffic congestion, and which will promote the purpose of the
Zoning Ordinance.
18.
Building and structures compatibility. All proposed
motor vehicle oriented businesses' buildings and structures shall
be designed and planned to take advantage of and be compatible with
natural features of the site and area and shall not conflict with
the character of existing structures in areas where a definite pattern
or style has been established.
19.
Vacant motor vehicle oriented businesses' buildings. When a motor vehicle oriented business's building becomes vacant
for a period exceeding one (1) year, the property owner shall be required
to remove or treat in a safe manner approved by the Street Superintendent
or Fire Chief all flammable materials, storage tanks or areas.
20.
Termination or lapse of conditional use permit. When
a motor vehicle oriented business's conditional use permit is authorized
by the City Council, the continuation of such use shall be dependent
upon the conditions established under the permit and this Section;
and, in the event of a change of conditions or non-compliance with
such conditions, the City Council shall have the right to terminate
or revoke the conditional use permit.
When a motor vehicle oriented business's building becomes vacant
and its conditional use permit not utilized for a period of one (1)
year, the permit shall lapse and the use of the land thereafter shall
conform to the use permitted in the zoning district in which it is
located.
21.
Non-conforming motor vehicle oriented businesses. Existing motor vehicle oriented businesses which do not comply with
the regulations and conditions of this Section shall be considered
to be non-conforming and allowed to continue; however, all non-conforming
motor vehicle oriented businesses shall comply with the following
requirements within one (1) year after written notification by the
Zoning Administrator of items which must be corrected:
a.
Whenever a motor vehicle oriented business is located adjacent to a residential district or residential use on the ground floor, appropriate screening as provided for in Subsection (B)(11) hereof shall be installed.
b.
All exterior lighting shall conform to the lighting requirements in Subsection (B)(12) of this Section.
22.
Rental vehicles. When the rental of equipment, automobiles,
trucks and trailers is to be conducted on a motor vehicle oriented
business site, additional land area and paved area shall be provided
in addition to the driveway, parking area, and landscape areas required
by this Section for a normal motor vehicle oriented business operation.
An additional one thousand (1,000) square feet of site area shall
be provided for each five (5) rental units. No parking of rental units
shall be permitted on landscaped areas or driveways.
23.
Underground utilities. All utility lines on the
site shall be installed underground.
24.
Procedures for application for a motor vehicle oriented business
conditional use permit. The procedures for application for a motor vehicle oriented business conditional use permit shall be the same as for all other conditional use permits, as specified in Section 405.410.
25.
The provisions set forth in this Section provide for standards and
procedures to be complied with for all motor vehicle oriented businesses,
as permitted by this Chapter, and said provisions are to be followed
and complied with in lieu of conflicting conditional use permit and
land use procedures and standards provided elsewhere in this Chapter.
[Ord. No. 4895 §1, 4-19-2004]
A.
Certain
establishments and businesses are acknowledged to have special characteristics
which may affect the use and enjoyment of adjacent properties; and
it is the intent of these regulations to provide for the confinement
of these establishments and businesses to those areas in the City
in which these special impacts are judged to be least disruptive to
the use and enjoyment of adjacent properties; and these regulations
are further intended to require that these establishments and businesses
shall not be permitted to locate in such concentration that their
operational features may establish the dominant character of any commercial
area; and these regulations are further intended to protect and balance
lawful rights of expression with other lawful rights to the enjoyment
and use of properties; and these uses are recognized as having serious
objectionable operational characteristics, particularly if several
such uses are concentrated, thereby having a deleterious effect upon
adjacent areas and could contribute to blight and degradation of the
surrounding neighborhood; and the special regulation of these establishments
and businesses is necessary to insure that the secondary effects of
such uses will not contribute to the blighting of surrounding neighborhoods,
whether residential or non-residential but location or concentration,
and to insure the stability of such neighborhood.
B.
ADULT BOOKSTORE OR NOVELTY STORE
1.
2.
ADULT ENTERTAINMENT BUSINESS OR ESTABLISHMENT
ADULT ENTERTAINMENT FACILITY
1.
2.
BATHHOUSE
CHECK CASHING ESTABLISHMENT
MASSAGE PARLOR OR SHOP
PIERCING STUDIO OR ESTABLISHMENT
SHORT-TERM LOAN ESTABLISHMENT
TATTOO PARLOR OR ESTABLISHMENT
TATTOOING
The
following regulations shall apply to the businesses and establishments
as defined below:
An establishment having either ten percent (10%) or more
of:
Its stock in trade, in books, photographs, magazines, films
for sale or viewing on or off the premises by use of motion picture
devices, video players, DVD players, computers or coin-operated means
or other periodicals which are distinguished or characterized by their
principal emphasis on matters depicting, describing or relating to
sex or sexual activity or the principal purpose of which is to sexually
stimulate or sexually arouse the patron viewer or reader; or
Instruments, devices or paraphernalia that are designed or marketed
for use in connection with specified sexual activities. Specified
sexual activities: Sexual conduct, being actual or simulated; acts
of human masturbation; sexual intercourse; or physical contact, in
an act of apparent sexual stimulation or gratification, with a person's
clothed or unclothed genitals, pubic area, buttocks, or the breast
of a female; or any sadomasochistic abuse or acts including animals
or any latent objects in an act of apparent sexual stimulation or
gratification.
Any of the establishments, businesses, buildings, structures
or facilities which fit within the definition of adult bookstore,
adult entertainment facility, bathhouse, massage shop and/or modeling
studio.
Any building, structure or facility which contains or is
used entirely or partially for commercial entertainment, including
theaters used for presenting live presentations, video tapes, DVDs
or films predominantly distinguished or characterized by their principal
emphasis on matters depicting, describing or relating to specified
sexual activities and exotic dance facilities (regardless of whether
the theater or facility provides a live presentation, video tape,
DVD or film presentation), where the patrons either:
Engage in personal contact with or allow personal contact by
employees, devices or equipment, or by personnel provided by the establishment
which appeals to the prurient interest of the patrons; or
Observe any live presentation, video tape, DVD or film presentation
of persons wholly or partially nude, unless otherwise prohibited by
ordinance, with their genitals or pubic region exposed or covered
only with transparent or opaque covering, or in the case of female
persons with the areola and nipple of the breast exposed or covered
only with transparent or opaque covering or to observe specified sexual
activities. Specified sexual activities: Sexual conduct, being actual
or simulated; acts of human masturbation; sexual intercourse; or physical
contact, in an act of apparent sexual stimulation or gratification,
with a person's clothed or unclothed genitals, pubic area, buttocks,
or the breast of a female; or any sadomasochistic abuse or acts including
animals or any latent objects in an act of apparent sexual stimulation
or gratification.
An establishment or business which provides the services
of baths of all kinds, including all forms and methods of hydrotherapy,
unless operated or supervised by a medical or chiropractic practitioner
or professional physical therapist or healing arts practitioner licensed
by the State of Missouri.
A business engaged in check cashing operations for a fee
as a primary or substantial element of its business and which is not
licensed by the appropriate State or Federal agency as a banking or
savings and loan facility.
An establishment which has a fixed place of business having
a source of income or compensation which is derived from the practice
of any method of pressure on or friction against or stroking, kneading,
rubbing, tapping, pounding, vibrating or stimulation of external parts
of the human body with the hands or with the aid of any mechanical
electric apparatus or appliances with or without such supplementary
aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams,
lotion, ointment or other similar preparations commonly used in the
practice of massage under such circumstances that is reasonably expected
that the person to whom the treatment is provided or some person on
his or her behalf will pay money or give any other consideration or
gratuity; provided that this term shall not include any establishment
defined in this Code or operated or supervised by a medical or chiropractic
practitioner or professional physical or massage therapist licensed
by the State of Missouri.
Any place or facility where body piercing, including piercing
any part of the body or head, is performed as a primary or substantial
element of its business.
A business engaged in providing short-term loans to the public
as a primary or substantial element of its business and which is not
licensed by the appropriate State or Federal agency as a bank or savings
and loan facility. A licensed pawnbroker operating in conformity with
the provision of this City Code relating to pawnbrokers shall not
be considered to be a "short-term loan establishment" within the meaning of this definition and prohibition, but only
as to such licensee's pawn brokerage activities. Pawnbrokers are not
permitted to engage in any short-term lending other than by a pawn
transaction.
Any place or facility where tattooing is performed.
Any method of placing designs, letters, scrolls, figures
or symbols upon or under the skin with ink or colors by the aid of
needles or instruments. The provision of cosmetic micro-pigmentation
services by a licensed doctor, nurse or healing arts practitioner
licensed by the State of Missouri shall not be considered "tattooing"
as that term is used in this Chapter.
C.
In
the case of any establishment or business described in this Section,
the following special conditions shall apply:
1.
No adult bookstore or novelty store, adult entertainment facility
or establishment, bathhouse, check cashing establishment, massage
parlor or shop, pawnshop, piercing, tattoo parlor or establishment
or short-term loan establishment shall be permitted within seven hundred
fifty (750) feet of any religious institution, school, public park
or any property zoned for residential use or any City boundary. Such
distance shall be measured in a straight line without regard to intervening
properties from the closest exterior structural wall of the establishment
to the closest point on any property line of the religious institution,
school or public park, or the property zoned for residential use,
or to the closest point of the City boundary. These uses are only
permitted in a "PDC" or "C-2" zoning district.
2.
No such establishment shall be allowed to locate or expand within
one thousand (1,000) feet of any other described establishment or
of any business licensed to sell or serve alcoholic beverages whether
or not such business is also an establishment as defined in this Section.
The distance between any two (2) establishments or between a herein
described establishment and a business selling or serving alcoholic
beverages shall be measured in a straight line without regard to intervening
structures from the closest exterior structural wall of each business.
3.
All access to and from the herein described establishment shall be
provided from a street classified as a public right-of-way.
4.
The property on which such use is located shall have a minimum of
one hundred (100) feet of frontage on a public right-of-way.
5.
The facility on which the use is located and the parking for such
facility shall have a minimum front yard setback of thirty (30) feet,
a side yard setback of six (6) feet and a rear yard setback of ten
(10) feet.
6.
Off-street parking shall be provided pursuant to the City Code.
7.
All landscaping and screening requirements otherwise required by
the Richmond Heights Municipal City Code shall be observed.
8.
The facility in which the use is located shall be designed in such
a fashion that all openings, entries and windows prevent view into
such facilities from any pedestrian, sidewalk, walkway, street or
other public area. No activity shall take place partially or totally
outside the herein described establishment.
9.
The facility in which such a use is located shall be limited to one
(1) wall-mounted sign no greater than one (1) square foot of sign
per one (1) foot of wall length, not to exceed a total of fifty (50)
square feet; said sign shall not flash, blink or move by mechanical
means and shall not extend above the roof line of the building. Said
sign shall not exceed eight (8) feet in height from ground level.
Further, no merchandise, symbol or pictures of products or entertainment
on the premises shall be displayed in window areas or on any sign
or any area where such merchandise or pictures can be viewed from
the exterior of the building. No flashing lights and/or lighting which
leave the impression of motion or movement shall be permitted. No
temporary signs shall be allowed. All signage shall conform to the
Richmond Heights Sign Ordinance.
10.
Lighting of the parking area shall conform to the requirements of
the City Code.
D.
The
regulations contained in this Section shall be in addition to any
and all regulations contained elsewhere in the Municipal Code or the
Zoning Ordinance.
E.
All
uses described in this Section shall be permitted only by a conditional
use permit in accordance with the procedures set out in the City's
Zoning Ordinance.
[Ord. No. 4657 1, 12-16-1996; Ord. No. 5261 §1, 9-22-2014]
A.
Purposes. The purposes of this Section are to:
1.
Provide for the appropriate location and deployment of wireless
communications infrastructure to better serve the citizens and businesses
of the City of Richmond Heights and the metropolitan St. Louis area;
2.
Minimize adverse visual impacts of wireless facilities and support
structures through the careful design, siting, landscape screening
and innovative camouflaging techniques;
3.
Encourage the use of disguised support structures so as to protect
the architectural and scenic quality of the City;
4.
Comply with applicable law, including the Federal Telecommunications
Act of 1996, 47 U.S.C. § 332, and the Missouri Uniform Wireless
Communications Deployment Act, Section 67.5090 et seq., RSMo.
B.
ACCESSORY EQUIPMENT
ANTENNA
APPLICANT
APPLICATION
BUILDING PERMIT
COLLOCATION
COLLOCATION DIRECTOR
DISGUISED SUPPORT STRUCTURE
ELECTRICAL TRANSMISSION TOWER
EQUIPMENT COMPOUND
EXISTING STRUCTURE
FAA
FCC
HEIGHT
REPLACEMENT
STANDARD OUTDOOR ADVERTISING STRUCTURES
SUBSTANTIAL MODIFICATION
1.
2.
3.
4.
UTILITY
UTILITY POLE
WATER TOWER
WIRELESS COMMUNICATIONS SERVICE
WIRELESS FACILITY
WIRELESS SUPPORT STRUCTURE
Definitions. As used in this Section, the following terms shall have the following
meanings:
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term includes utility or transmission equipment, power supplies, generators,
batteries, cables, equipment buildings, cabinets and storage sheds,
shelters, or similar structures.
Communications equipment that transmits or receives electromagnetic
radio signals used in the provision of any type of wireless communications
services.
Any person engaged in the business of providing wireless
communications services or the wireless communications infrastructure
required for wireless communications services who submits an application.
A request submitted by an applicant to the City to construct
a new wireless support structure, for the substantial modification
of a wireless support structure, or for collocation of a wireless
facility or replacement of a wireless facility on an existing structure.
A permit issued by the City prior to commencement of work
on the collocation of wireless facilities on an existing structure,
the substantial modification of a wireless support structure, or the
commencement of construction of any new wireless support structure,
solely to ensure that the work to be performed by the applicant satisfies
the applicable building code.
The placement or installation of a new wireless facility
on a structure that already has an existing wireless facility, including
electrical transmission towers, water towers, buildings, and other
structures capable of structurally supporting the attachment of wireless
facilities in compliance with applicable codes.
The Director of Zoning of the City of Richmond Heights, Missouri,
or his/her designee.
Any freestanding, man-made structure designed for the support
of wireless facilities, the presence of which is camouflaged or concealed
as an architectural or natural feature. Such structures may include
but are not limited to clock towers, campaniles, observation towers,
pylon sign structures, water towers, artificial trees, flagpoles and
light standards.
An electrical transmission structure used to support high-voltage
overhead power lines. The term shall not include any utility pole.
An area surrounding or near a wireless support structure
within which are located wireless facilities.
A structure that exists at the time a request to place wireless
facilities on a structure is filed with an authority. The term includes
any structure that is capable of supporting the attachment of wireless
facilities in compliance with applicable building codes, National
Electric Safety Codes, and recognized industry standards for structural
safety, capacity, reliability, and engineering, including, but not
limited to, towers, buildings, and water towers. The term shall not
include any utility pole.
The Federal Aviation Administration.
The Federal Communications Commission.
The vertical distance measured from the base of a structure
at ground level to its highest point, including the main structure
and all attachments thereto.
Includes constructing a new wireless support structure of
equal proportions and of equal height or such other height that would
not constitute a substantial modification to an existing structure
in order to support wireless facilities or to accommodate collocation
and includes the associated removal of the preexisting wireless facilities
or wireless support structure.
All signs which advertise products, services or businesses
which are not located on the same premises as the sign, including
billboards, detached pole signs on separate parcels, wall signs and
signs otherwise attached to buildings and/or supported by uprights
or braces on the ground.
The mounting of a proposed wireless facility on a wireless
support structure which, as applied to the structure as it was originally
constructed:
Involves adding an appurtenance to the body of a wireless support
structure that protrudes horizontally from the edge of the wireless
support structure more than twenty (20) feet or more than the width
of the wireless support structure at the level of the appurtenance,
whichever is greater (except where necessary to shelter the antenna
from inclement weather or to connect the antenna to the tower via
cable);
Involves the installation of more than the standard number of
new outdoor equipment cabinets for the technology involved, not to
exceed four (4) new equipment cabinets; or
Increases the square footage of the existing equipment compound
by more than one thousand two hundred fifty (50) square feet;
Any person, corporation, County, municipality acting in its
capacity as a utility, municipal utility board, or other entity, or
department thereof or entity related thereto, providing retail or
wholesale electric, natural gas, water, wastewater, data, cable television,
or telecommunications or Internet protocol-related services.
A structure owned or operated by a utility that is designed
specifically for and used to carry lines, cables, or wires for telephony,
cable television, or electricity, or to provide lighting.
A water storage tank, or a standpipe or an elevated tank
situated on a support structure, originally constructed for use as
a reservoir or facility to store or deliver water.
Includes the wireless facilities of all services licensed
to use radio communications pursuant to Section 301 of the Communications
Act of 1934, 47 U.S.C. § 301.
The set of equipment and network components, exclusive of
the underlying wireless support structure, including, but not limited
to, antennas, accessory equipment, transmitters, receivers, power
supplies, cabling and associated equipment necessary to provide wireless
communications services;
A structure, such as a monopole, tower, or building capable
of supporting wireless facilities. This definition does not include
utility poles.
C.
Accessory Uses. Satellite earth stations less than
six (6) feet in diameter and that receive only home television antenna.
D.
Permitted Uses.
1.
Wireless facilities and support structures which meet any of
the following criteria may be constructed, repaired or modified upon
receipt of a building permit issued by the Director of Zoning:
a.
Collocation and replacement applications, provided that no permit may be issued for collocation to a certified historic structure as defined in Section 253.545, RSMo., until at least one (1) public hearing has been held by the Director within thirty (30) days prior to issuance. Such applications are subject to the general condition in Subsection (G)(1) of this Section, but no other zoning or land use requirements, including design or placement requirements, or public hearing review.
b.
The mounting of wireless facilities in or on the roof of any
existing building other than a single-family residence, provided that
the building was not constructed primarily for the support of antennas
and provided that the height of the facilities does not exceed twenty
(20) feet from its mounting and that such use is not otherwise prohibited
by ordinance.
c.
Wireless facilities or support structures for the operations
of a commercial or public radio or television station licensed by
the Federal Communications Commission or a local, State or Federal
Law Enforcement or emergency agency may be installed as permitted
by law.
d.
The installation or mounting of antennas on any electrical transmission
towers located in any commercial zoning district of the City.
e.
The installation of a disguised support structure and related
wireless facilities as part of a building or structure that is otherwise
allowed in the district in which located.
f.
Wireless facilities or support structures for the operation
of a licensed amateur radio facility within the City. The permit application
must be accompanied by proof that the applicant or an occupant of
the property is a licensed amateur radio operator.
(1)
The Director shall issue an amateur radio antenna/structure
permit if it is determined that any antenna(s) mounted on a roof shall
not extend more than sixty-eight (68) feet above grade; any tower-mounted
antenna(s) shall not extend more than sixty-two (62) feet above grade
when fully extended; and the requirements of this Section regarding
location, structural components and wiring are complied with. Permits
for ground-mounted antennas and supports intended exclusively for
the support of wire antennas which are so erected as to be readily
capable of being relocated from time to time shall describe the area
within which such an antenna or support may be positioned.
(2)
Any person desiring to install, erect or maintain
an amateur radio antenna at any height greater than set forth in the
preceding Subsection shall file an application therefor with the Board
of Adjustment. No fee shall be required for this application. The
Board of Adjustment may grant a permit to allow construction to such
height as it shall determine if it finds that topographical circumstances
or other operational parameters of the antenna(s) and the associated
radio equipment so require and that there are adequate provisions
to protect adjoining properties.
(3)
Wireless facilities or support structures for licensed
amateur radio uses that are ground mounted shall be located in the
rear of the lot between the rear line of the principal building on
the lot and six (6) feet from the rear lot line. No such antenna,
nor any portion of any base or support therefor, may be closer than
six (6) feet to any lot line; provided, further, that on corner lots
no antenna may be closer to any street than the principal building.
g.
The placement of dual polar panel antennas on wooden or steel
utility poles not to exceed a total height of forty (40) feet, provided
that all related equipment is contained within a cabinet which is
not placed within the right-of-way of any street or highway.
2.
In the event the Director shall refuse to issue a permit hereunder
due to non-compliance with the provisions of this Code, said decision
is subject to review by the Planning and Zoning Commission, in accordance
with this Section and the City Zoning Code.
E.
Conditional Uses. All wireless facilities and support structures to be installed, built or otherwise modified that are not expressly permitted by Subsection (D) herein, and not prohibited by Subsection (F), shall require a conditional use permit issued in accordance with the procedures for conditional use permits in the Municipal Code, as well as a building permit.
F.
Prohibited Uses. Except as otherwise expressly provided in Subsection (D):
1.
No wireless facilities or support structures shall be permitted
in residentially zoned districts, other than for licensed amateur
radio uses.
2.
No wireless facilities or support structures shall be permitted
to have a total height in excess of one hundred (100) feet.
3.
Wireless facilities installed on a building shall not exceed
twenty (20) feet from the highest point of the building, other than
for licensed amateur radio uses.
4.
Unless a disguised support structure is in the form of a standard
outdoor advertising structure, the placement of advertising or signs
on wireless support structures is prohibited.
G.
General Conditions. The general criteria and preferences
for approving wireless facilities and support structures under this
Section shall be as follows:
1.
Building codes and safety standards. All wireless
facilities and support structures shall meet or exceed the standards
and regulations contained in applicable State and local building codes,
National Electric Safety Codes, and recognized industry standards
for structural safety, capacity, reliability, and engineering.
2.
Regulatory compliance. All wireless facilities
and support structures shall meet or exceed current standards and
regulations of the FAA, FCC and any other Federal or State agency
with the authority to regulate such facilities and support structures.
Should such standards or regulations be amended, then the owner shall
bring such facilities and support structure into compliance with the
revised standards or regulations within six (6) months of the effective
date of the revision unless a different date is established by the
controlling agency.
3.
Number. No more than one (1) antenna tower
may be erected on any lot in the City; provided, however, that a support
used exclusively for the support of a wire antenna for a licensed
amateur radio facility and being no wider than six (6) inches at grade
and having a height no greater than fifty (50) feet above grade shall
not be considered as an antenna tower for purposes of calculating
the permitted number of such towers under this Subsection.
4.
Lighting. Wireless facilities and support structures
shall not be illuminated at night unless required by the FAA or other
Federal or State agencies, in which case, a description of the required
lighting scheme will be made a part of the application.
5.
Design.
a.
Wireless facilities and support structures should, to the extent
reasonably possible, be architecturally and visually compatible with
surrounding buildings, structures, vegetation and/or uses already
in the area or likely to exist under the regulations of the underlying
zoning district.
b.
Wireless support structures, except disguised support structures,
shall maintain a galvanized steel finish or, subject to the requirements
of the FAA, FCC or any other applicable Federal or State agency, be
painted a neutral color consistent with the natural or built environment
of the site.
c.
Wireless facilities other than antennas shall have an exterior
finish compatible with the natural or built environment of the site,
and shall also comply with such other reasonable design guidelines
as may be required by the City.
d.
Wireless facilities mounted on buildings should be made to appear
as unobtrusive as possible by location as far away as feasible from
the edge of the building and by making them a color consistent with
the natural or building backdrop.
e.
Wireless facilities shall be screened by appropriate landscaping
and/or fencing. Wireless support structures shall be surrounded by
a landscape strip of not less than ten (10) feet in width and planted
with materials which will provide a visual barrier to a minimum height
of six (6) feet. Evergreen trees shall be a minimum of six (6) feet
tall and deciduous trees not less than two and one-half (2 1/2)
inches in caliper at time of planting. Said landscape strip shall
be exterior to any security fencing. In lieu of the required landscape
strip, a minimum six-foot-high decorative masonry fence or wall may
be approved by the City upon demonstration by the applicant that an
equivalent degree of visual screening is achieved.
f.
All wiring to or from ground-mounted antennas or antenna towers
located more than five (5) feet from the nearest building wall shall
be underground; provided, however, that feed lines to and from antennas
for licensed amateur radio facilities which must be open to the air
in order to operate as designed (so called "open wire feed lines")
need not be enclosed or located underground.
6.
Location and setback.
a.
Wireless support structures, except disguised support structures,
shall not be located within two hundred (200) feet of any residential
structure.
b.
All wireless support structures, except disguised support structures,
shall be separated from any residential structure at least a distance
equal to the height of the support structure plus ten (10) feet. Support
structures on parcels adjacent to residentially zoned property shall,
at a minimum, meet the setbacks of the applicable zoning district
as required for the principal structure along the adjoining property
lines. No support structure may be placed on residentially zoned property
closer to any residential structures on adjoining properties than
the distance from the support structure to the principal structure
located on the lot on which the support structure is located.
H.
Miscellaneous.
1.
For any guyed wireless support structure, ground anchors shall
be located on the same parcel as the structure, and such anchors shall
meet the setbacks required for accessory buildings within the zoning
district.
2.
Vehicle or outdoor storage on the site of any wireless facilities
or support structure is prohibited.
3.
On-site parking for periodic maintenance and service shall be
provided at all locations of wireless facilities and support structures.
4.
Any wireless facility or support structure no longer used for
its original communications purpose shall be removed at the owner's
expense. The owner and applicable co-users shall provide the City
with a copy of any notice to the FCC of intent to cease operations
and shall have ninety (90) days from the date of ceasing operations
to remove the facility and/or support structure. In the case of co-use,
this provision shall not become effective until all users cease operations.
Any wireless support structure not in use for a period of one (1)
year shall be deemed a public nuisance and may be removed by the City
at the owner's expense. Removal of facilities shall not be a condition
of approval of any application.
5.
Prior to the issuance of a building or conditional use permit,
other than for a collocation or replacement application, the City
may require submittal of easement documents, lease agreements or other
documentation of evidence of the right to utilize the property for
location of wireless facilities and/or support structures.
I.
Time Limits. All applications regarding wireless
facilities and support structures shall be processed in accordance
with the time limits established by Sections 67.5090 to 67.5103, RSMo.
J.
Fees. Fees for applications regarding wireless facilities
and support structures shall be at the limits established by Sections
67.5090 to 67.5103, RSMo.
[Ord. No. 5413, 6-3-2019; Ord.
No. 5507, 2-21-2023]
B.
MARIJUANA BUSINESS OR ESTABLISHMENT
MARIJUANA CULTIVATION FACILITY
MARIJUANA DISPENSARY FACILITY
MARIJUANA FACILITY
MARIJUANA-INFUSED PRODUCTS
MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
MARIJUANA or MARIHUANA
MARIJUANA TESTING FACILITY
MEDICAL FACILITY
An establishment or business that cultivates, tests, manufactures
or dispenses marijuana, comprehensive marijuana, medical marijuana
or marijuana-infused products.
Includes any "medical marijuana cultivation facility" and "comprehensive marijuana cultivation facility," as those terms are defined in Article XIV of the Missouri Constitution and licensed by the State of Missouri.
Includes any "medical marijuana dispensary facility," "comprehensive marijuana dispensary facility" and "microbusiness dispensary facility," as those terms are defined in Article XIV of the Missouri Constitution and licensed by the State of Missouri.
Any "medical marijuana cultivation facility"; medical marijuana dispensary facility"; "medical marijuana-infused products manufacturing facility"; "comprehensive marijuana cultivation facility"; "comprehensive marijuana dispensary facility"; "marijuana testing facility"; "comprehensive marijuana-infused products manufacturing facility"; "microbusiness wholesale facility"; "microbusiness dispensary facility," as those terms are defined in Article XIV of the Missouri Constitution, and any other type of marijuana-related facility or business licensed or certified by the State of Missouri.
Products that are infused, dipped, coated, sprayed or mixed
with marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, suppositories, and infused prerolls.
Includes any "medical marijuana-infused products manufacturing facility" and "comprehensive marijuana-infused products manufacturing facility," as those terms are defined in Article XIV of the Missouri Constitution, and licensed or certified by the State of Missouri.
Cannabis indica, Cannabis saliva and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana or marihuana,
as well as the seed thereof and resin extracted from the plant and
marijuana-infused products. Marijuana or Marihuana does not include
industrial hemp as defined by Missouri Statute, or commodities or
products manufactured from industrial hemp.
A facility certified by the Missouri Department of Health
and Senior Services to acquire, test, certify, and transport marijuana.
An institution, place, building or agency that furnishes,
conducts, and operates health services for the prevention, diagnosis,
or treatment of human disease, pain, injury, deformity, or physical
condition; excluding assisted living facilities, nursing homes, substance
abuse treatment facilities, health resorts, spas and facilities similar
in nature.
C.
In
the case of any establishment or business described in this Section,
the following special conditions shall apply:
1.
Permitting.
a.
No marijuana business or establishment shall be permitted within
one thousand (1,000) feet of any church or similar religious institution,
elementary or secondary school, child day care or public library.
b.
Distances shall be measured in a straight line without regard to
intervening properties from the closest exterior structural wall of
the establishment to the closest point on any property line of the
church or similar religious institutions, elementary or secondary
school, child day care or public library.
c.
Such uses are only permitted in a "C-2," "PDC" or "PDM" Zoning Districts
and a comprehensive or medical marijuana dispensary facility shall
only be permitted within a medical facility building. Such a building
shall contain a minimum one-third (1/3) of its gross floor area dedicated
and used for the prevention, diagnosis or treatment of human disease,
pain, injury, deformity, or physical condition.
2.
No such business or establishment shall be allowed to locate or expand
within one thousand (1,000) feet of any other such business or establishment.
3.
All access to and from the herein described establishment shall be
provided from a public right-of-way.
4.
The property on which such use is located shall have a minimum of
one hundred (100) feet of frontage on a public right-of-way.
5.
The facility shall observe all setback requirements as established
by the Zoning Regulations.
6.
Off-street parking shall be provided pursuant to the Municipal Code.
7.
All landscaping and screening requirements otherwise required by
the Richmond Heights Municipal Code shall be observed.
8.
All signage shall comply with the Municipal Code.
9.
Lighting of the parking area shall conform to the requirements of
the Municipal Code.
10.
No marijuana business or establishment shall emit an odor or in any
way cause a public nuisance. Appropriate ventilation systems must
prevent any odor of marijuana or fumes from leaving the premises.
11.
Comprehensive or medical marijuana dispensaries shall not open to
the public or make any sales between the hours of 8: 00 P.M. and 8:00
A.M.
12.
No person under the age of eighteen (18) years old shall be allowed
into a comprehensive or medical marijuana dispensary except a medical
patient when accompanied by a parent or guardian.
13.
No marijuana, of any type, may be consumed on the premises or property
of any marijuana business or establishment, nor shall the licensee
permit such consumption.
D.
The
regulations contained in this Section shall be in addition to any
and all regulations contained elsewhere in the Municipal Code or the
Zoning Ordinance.
E.
All
uses described in this Section shall be permitted only by a conditional
use permit in accordance with the procedures set out in the City's
Zoning Ordinance.
F.
No
marijuana business or establishment may operate without a business
license, a merchants license and an occupancy permit and a license
has been issued by the Missouri Department of Health and Senior Services.
