[R.O. 2012 §405.695; CC 1975 §31-79; Ord. No. 346 Art. 15, §1, 2-10-1969]
The District regulations set forth in this Article qualify or
supplement, as the case may be, the District regulations appearing
elsewhere in this Chapter.
[R.O. 2012 §405.700; Ord. No. 279 §2(31-79.1 — 31-79.9), 4-12-1988]
A.
Conditional Use Permits — Commercial Uses Limited To Specified
Hours Without Permit. Any business operating in any Zoning
District within the City may operate and be open for business only
between the hours of 6:00 A.M. and 1:30 A.M., unless a conditional
use permit in accord with this Article has been granted as hereinafter
set forth.
B.
Conditional Use Permits For Extended Hours Of Operation Available
In Certain Districts. Any person or business desiring to
operate or conduct a business or commercial enterprise between the
hours of 1:31 A.M. and 5:59 A.M. may apply for and be granted a conditional
use permit on the terms and conditions hereinafter set forth only
if the business or commercial enterprise is located in an "E" (Neighborhood
Shopping), "F" (Commercial) or "G" (Light Industrial) District.
C.
Application. Any person or business seeking a conditional
use permit as allowed by this Article shall file an application with
the Building Department in such form and with such information and
plans as may be required. At a minimum, in addition to any other required
information, the application shall provide detailed plans and information
relating to:
1.
The nature of the business involved;
2.
The proposed hours of operation;
3.
Any plan for area or facility illumination;
4.
How many personnel will be employed at the facility during extended
hours of operation;
5.
Anticipated customer traffic; and
6.
Any systems or facilities the applicant proposes to utilize to minimize
any impact on adjoining properties.
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An application fee in the amount of one hundred fifty dollars
($150.00) shall be paid at the time the application is filed. No application
shall be considered filed until all required information and materials,
as well as application fee, have been received.
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D.
Notice To Nearby Property Owners. Upon receipt of the completed
application and filing fee, the City Clerk shall notify in writing
by First Class U.S. mail, postage prepaid, the owners of all property
located within the area determined by drawing lines parallel to the
boundaries of the property for which an application has been filed
and one hundred eighty-five (185) feet from those boundaries. The
notice shall include the statement that the application was filed,
the nature of the proposed permit, the name of the applicant or applicants
and the date the application was filed.
E.
Planning And Zoning Commission. The Planning and Zoning
Commission shall investigate the effect of the granting of the permit
upon the neighborhood, with special emphasis on the general welfare
and character of the neighborhood and the community and the standards
hereinafter set forth. The Planning and Zoning Commission shall make
a report to the Council within ninety (90) days of the date of the
filing of the completed application with the Building Department.
If no such report is made, the Planning and Zoning Commission shall
be deemed to have approved the application, upon the expiration of
the ninety (90) day period.
F.
City Council — Public Hearing. Upon receipt of the
report of the Planning and Zoning Commission or upon the expiration
of the ninety (90) day period, the Council shall call a public hearing
and give reasonable notice of the time and place thereof at least
once in a newspaper of general circulation in the City. The first
(1st) publication shall be at least fifteen (15) days before the date
of the hearing.
G.
City Council — Standards For Consideration. After
the hearing the Council, in acting upon the application, shall state
findings and conclusions on the following matters for the public record:
1.
Whether issuance of the permit would be incompatible with surrounding
uses and with the surrounding neighborhood;
2.
Whether the frequency and/or duration of various indoor and outdoor
activities and any special events associated with the proposed permit
will have a deleterious impact on the surrounding area;
3.
Whether noise levels generated by activities associated with the
proposed permit will adversely impact the ambient night noise level
of the surrounding area and neighborhood;
4.
Whether the proposed permit will significantly increase demands on
public services in excess of current service levels and whether the
proposed permit will present any real or potential public safety hazard;
5.
Whether the proposed permit will adversely impact the general appearance
of the neighborhood due to extended commercial operations in close
proximity to non-commercial uses or the location of the proposed extended
use on the property for which the permit is sought;
6.
Whether the intensity, duration or frequency of lighting associated
with the proposed permit will adversely impact adjacent properties
or significantly increase the ambient level of night light in the
neighborhood;
7.
Whether a landscape plan or other reasonable provision for protection
of neighboring premises from any adverse impact which might reasonably
be anticipated from extended operation of the business is required.
H.
Approval — Conditions. After review of the application,
the Council may approve the application or may approve the application
conditionally upon compliance by the applicant with such terms or
conditions as the Council may deem necessary to reasonably assure
satisfaction of the standards set forth above. In the event that the
Council grants conditional approval, the permit shall not be issued
until the applicant has established to the satisfaction of the Building
Department that the stated conditions have been fulfilled.
I.
Revocation. A conditional use permit in accord with these
provisions may be revoked by the Council if the Council determines
that:
1.
Any conditions associated with such permit have not been satisfied;
or
2.
The business for which the permit was issued has altered its facilities,
premises, or business operations in such a fashion as to no longer
satisfy the standards set forth above or to no longer comply with
any of the conditions required at the time of issuance; or
3.
The applicant misstated or misrepresented any information presented
in support of the application.
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The person or business to which a conditional use permit has
been issued shall be given reasonable notice by First Class U.S. mail,
postage prepaid, of the time and place when the Council shall consider
revocation of such a permit and shall be given an opportunity to be
heard and present evidence relating thereto. Any notice required to
be given under this Section shall be addressed to the applicant at
the address listed in the application or addressed to "owner/manager"
at the address of the premises for which the permit was issued.
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[R.O. 2012 §405.702; CC 1975 §31-80; Ord. No. 346 Art. 15, §1, 2-10-1969; Ord. No. 458 §2, 5-2-2000]
A.
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; provided, that such
exceptions shall not be permitted where they would conflict with any
existing or hereafter adopted law or ordinance of the City or other
governmental regulations regarding the height of buildings surrounding
airports, landing fields or landing strips.
B.
Chimneys,
cooling towers, elevators, bulkheads, fire towers, monuments, stacks,
stage towers or scenery lofts, tanks, water towers, ornamental towers
and spires, church steeples, silos, farm buildings or necessary mechanical
appurtenances may be erected to any lawful and safe height, but such
structures shall not be permitted within one (1) mile of an airport,
landing field or landing strip, unless their location is approved
by the City Council.
C.
Single-family
dwellings and two-family dwellings in the dwelling Districts 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 exceed three (3) stories in height; provided, that such
additional heights shall not be permitted where they would conflict
with any existing or hereafter adopted law or ordinance of the City
or other governmental regulations regarding the height of buildings
surrounding airports, landing fields or landing strips.
[R.O. 2012 §405.705; CC 1975 §31-81; Ord. No. 346 Art. 15, §§2 — 3, 2-10-1969]
A.
Accessory
buildings which are not a part of the main building may be built in
a rear yard within six (6) feet of the rear and side lot lines. An
accessory building which is not a part of the main building shall
not occupy more than thirty percent (30%) of the required rear yard.
B.
Accessory
buildings which are to be used for storage purposes only may be erected
upon a lot prior to the construction of the main building, but no
accessory building shall be used for dwelling purposes, except by
domestic servants employed entirely on the premises.
[R.O. 2012 §405.710; CC 1975 §31-82; Ord. No. 362 §1, 9-15-1993]
A.
Yards — Generally. Every part of a required yard shall
be open to the sky unobstructed, except for accessory buildings in
a rear yard and except for the ordinary projections of skylights,
sills, belt courses, cornices, and ornamental features, not to exceed
twelve (12) inches. This requirement shall not prevent the construction
of fences not exceeding six (6) feet in height, except on that portion
of lots within thirty (30) feet of the intersection of two (2) or
more streets.
[Ord. No. 784, 7-11-2023]
B.
Sale, Display And/Or Storage Of Items In/On Exterior Commercial Areas. The sale, display or storage of goods, merchandise and personal
property in other than a completely enclosed building shall not be
permitted in the "E", "F" or "G" Commercial Districts, other than
in compliance with the terms and conditions provided in this Section,
unless such sale, display or storage is otherwise specifically authorized
in this Chapter.
C.
Seasonal And Special Event Permit. Subject to the issuance
of a permit as hereinafter provided, goods, merchandise and personal
property may be sold, stored and displayed other than in a completely
enclosed building, and special signs may be erected, in association
with special events of a temporary, seasonal, and infrequent nature,
including, by way of example but not limitation, opening celebrations,
sale of seasonal merchandise, holidays, and similar activities, only
in compliance with the following conditions:
1.
An application for a seasonal/special event permit shall be filed
by the person in charge of the premises. If the property is owned
by or leased to any party other than the applicant, the owner or lessee
of the property shall co-sign the application or otherwise authorize
the application in writing.
2.
The application shall state the reason why the applicant requests
the permit and describe in detail the nature and duration of the event
for which it is sought. The application shall be accompanied by a
site plan and description of the proposed event showing:
a.
The location on the property where any and all aspects of the special
event are to take place;
b.
Where any exterior storage, display or sales are to occur;
c.
A detailed description of the materials proposed to be stored, displayed
or sold;
d.
How the placement of materials and activities associated with the
event will impact vehicular and pedestrian circulation on the property
and on adjoining roadways;
e.
What arrangements are to be made for access to and within the property
by emergency equipment during the event;
f.
Any special lighting or sound devices to be utilized during the event
and the anticipated impact of such lights or sound on nearby properties;
g.
Exemplars showing any special signs, banners, or other public display
or devices proposed to be erected in association with the event, together
with the plans showing the dimensions and locations thereof;
h.
Such other information as the Building Commissioner may require in
order to assess whether issuance of the requested permit would adversely
affect public services or other properties or be inconsistent with
the nature of the activities intended to be authorized by this Subsection.
3.
If the Building Commissioner, after consultation with the Chief of
Police, finds that the requested permit and conduct of the special
event or seasonal activity would not adversely affect the provision
of public services, interfere with the peaceful use and enjoyment
of nearby properties, create a nuisance, adversely affect vehicular
or pedestrian traffic, or be contrary to the public health, welfare
or safety, and is consistent with the nature and extent of activities
provided for herein, a permit may be issued. The burden of proof with
respect to compliance with all relevant regulations and standards
shall be on the applicant. If the application is denied, the applicant
may appeal the Commissioner's decision to the City Council which may
review the matter on the basis of the application and related documents
and written comments or findings by City Staff.
4.
Special events may not exceed three (3) days in duration. Seasonal
activities may not exceed five (5) weeks in duration. No more than
two (2) special event permits and two (2) seasonal activities permits
may be issued for any lot or development within any twelve (12) month
period.
D.
Exterior Display Or Storage Permit. The owner of the property
located in a commercial District may apply for an exterior display
or storage permit to allow the storage, display or sale of merchandise
or personal property outside or in temporary structures, storage units
or other than in a completely enclosed building, subject to the following
requirements:
1.
Exterior storage areas and the total area of temporary or accessory
storage structures shall not be greater than twenty percent (20%)
of the area of the main floor of the principal building on the lot.
2.
An application for an exterior storage permit shall be filed by the
person in charge of the premises. If the property is owned by or leased
to any party other than the applicant, the owner or lessee of the
property shall co-sign the application or otherwise authorize the
application in writing.
3.
The application shall state the reason why the applicant requests
the permit and describe in detail the nature of the materials to be
stored or displayed under the terms of the permit. The application
shall be accompanied by a site plan and description of the proposed
use showing:
a.
The location on the property for which the permit is requested;
b.
Where any exterior storage, display or sales are to occur;
c.
A detailed description of the materials proposed to be stored, displayed
or sold;
d.
How the placement of materials and activities associated with the
event will impact vehicular and pedestrian traffic circulation on
the property and on adjoining roadways;
e.
What arrangements are to be made for access to and within the property
by emergency equipment;
f.
Any special lighting or sound devices to be installed and the anticipated
impact of such lights or sound on nearby properties;
g.
Such other information as may be required in order to assess whether
issuance of the requested permit would adversely affect public services
or other properties or be inconsistent with the nature of the activities
intended to be authorized by this Subsection.
4.
The application shall be accompanied by an application, review and
processing fee of fifty dollars ($50.00) and shall be filed with the
Building Commissioner and a copy of the application provided to the
Chief of Police. The application shall be forwarded to the City Council
for consideration. The City Council may refer the matter to the Planning
and Zoning Commission for review and recommendation, which review
shall be completed within one hundred (100) days of the first (1st)
meeting of the Commission after referral by the City Council. If the
matter is referred to the Planning and Zoning Commission, upon receipt
of the Commission's report or upon expiration of the time limit specified
above, the City Council shall hold a public hearing on the question
of issuance of the permit after having first given fifteen (15) days
published notice in a newspaper of general circulation in the City.
The hearing shall be held within sixty (60) days of the first (1st)
regular meeting of the City Council after filing of the application
or after receipt of the report of the Planning and Zoning Commission
or expiration of the time for Commission review, whichever is later.
5.
If the City Council finds that issuance of the requested permit will
not adversely affect the character of the area, substantially increase
fire or public safety hazards or the provision of public services,
create a nuisance or be unsightly, or adversely affect pedestrian
or vehicular traffic on the property and adjoining roadways, a permit
shall be issued. The City Council may condition the issuance of the
permit upon compliance with such reasonable terms and conditions as
may be necessary to assure that the permitted activity will not become
a nuisance or otherwise conflict with the standards provided herein.
6.
An exterior storage permit shall expire one (1) year after issuance.
Permits may be renewed annually by filing a renewal application with
the Building Commissioner. If the renewal application proposes no
changes to the existing activities or conditions on the subject property,
the Building Commissioner, after consultation with the Chief of Police,
may renew the permit if he/she determines that the applicant has complied
with the terms and conditions of the permit as previously issued.
Any new activities or changes to the existing conditions shall require
a new application in accord with the procedures provided above.
E.
Exceptions. The following goods and properties are exempt
from the permit requirements of this Subsection and may be stored,
displayed, or sold other than in a completely enclosed building:
[Ord. No. 784, 7-11-2023]
1.
Goods stored in rear or side yard areas not adjacent to public rights-of-way
which are enclosed by a sight-proof wooden or masonry fence five (5)
feet in height which has been lawfully erected. The fence shall be
securely and permanently anchored to the ground, maintained in a good
state of repair at all times, and equipped with a solid gate which
shall be kept closed except during use. Required landscaping and/or
buffer areas may not be used for exterior storage.
2.
Ice storage or dispensing containers and soft drink dispensers presently
located outside an existing business, provided that they are well
maintained and temporary signs are not attached.
3.
Oil containers and windshield wiper blade dispensers displayed by
service stations.
[R.O. 2012 §405.715; CC 1975 §31-83; Ord. No. 346 Art. 15, §5, 2-10-1969]
Open or lattice enclosed fire escapes, fire-proof outside stairways
and balconies opening upon fire towers projecting into a yard not
more than five (5) feet, and the ordinary projections of chimneys
and flues, are permitted.
[R.O. 2012 §405.720; CC 1975 §31-84; Ord. No. 346 Art. 15, §6, 2-10-1969]
Buildings on through lots and extending through from street
to street may waive the requirements for a rear yard by furnishing
a front yard upon both streets.
[R.O. 2012 §405.725; CC 1975 §31-85; Ord. No. 346 Art. 15, §7, 2-10-1969]
In computing the depth of a rear yard or the width of a side
yard, where the rear or side yard opens on an alley, one-half (½)
of the alley width may be included as a portion of the rear or side
yard, as the case may be.
[R.O. 2012 §405.730; CC 1975 §31-86; Ord. No. 346 Art. 15, §8, 2-10-1969]
An open, unenclosed or screened porch, or paved terrace, may
project into a front yard for a distance not exceeding ten (10) feet.
[R.O. 2012 §405.735; CC 1975 §31-87; Ord. No. 346 Art. 15, §9, 2-10-1969]
More than one (1) industrial, commercial, multiple dwelling
or institutional building may be erected upon a single lot or tract,
but the yards and open spaces required around the boundaries of the
lot or tract shall not be encroached upon by any such buildings, nor
shall there be any change in the intensity of the use requirements.
[R.O. 2012 §405.740; CC 1975 §31-88; Ord. No. 362 §3, 9-15-1993; Ord. No. 784, 7-11-2023]
It shall be unlawful to erect any fence in the City of Normandy
without first having filed with the Building Commissioner an application
for a fence permit, together with a sketch or diagram of the type
of fencing, design color, and location, and having obtained a permit
for its erection. There shall be a fee of ten dollars ($10.00) for
each residential fence, commercial fence, and replacement fence permit.
In addition, there will be a thirty dollar ($30.00) fee for each inspection
required.
[R.O. 2012 §405.745; CC 1975 §31-89; Ord. No. 379 §1, 10-11-1994; Ord. No. 784, 7-11-2023]
A.
Fences
are permitted only in the side and rear yards and areas of lots, except
that no fence may be constructed any closer to the front street line
than the front of the principal building, exclusive of steps or entrance
way.
B.
Provided,
however, that as to property which is located at an intersection of
two (2) or more streets or is otherwise within the definition of a
"corner lot" or a "double frontage lot" under this Chapter of these
Zoning Regulations, no fences of any type shall be constructed so
as to project into the required side or front yard areas required
by the regulations of the zoning district in which the property is
located.
[R.O. 2012 §405.750; CC 1975 §31-90; Ord. No. 263 §3, 3-10-1987; Ord. No. 784, 7-11-2023]
A.
Fences
cannot exceed six (6) feet in vertical height from the underlying
ground.
B.
For
property, which is used commercially, fences constructed of solid,
opaque materials may be required by the City Council or the Planning
and Zoning Commission as a part of plan review or as a condition for
issuance of permits.
C.
Fences
must be constructed of materials usually and customarily used for
residential fencing in the St. Louis area and must be installed and
maintained in such a fashion as to be structurally stable and secure.
[R.O. 2012 §405.755; CC 1975 §31-91; Ord. No. 263 §3, 3-10-1987; Ord. No. 784, 7-11-2023]
Every person owning land on which there is situated a swimming pool or other body of water which is capable of containing twenty-four (24) inches or more of water in depth at any point, shall erect and maintain on such land an adequate enclosure either surrounding the property and within the area permitted for the construction of the type of fence utilized in accord with Section 405.745, above, or surrounding the pool area and within the area permitted for the construction of the type of fence utilized in accord with Section 405.745, above, sufficient to make such body of water inaccessible to small children. Such enclosure, including gates therein, must extend not less than four (4) feet in vertical height from the underlying ground. All gates must be self-latching with latches placed no less than four (4) feet above the underlying ground or otherwise made inaccessible to small children from outside the enclosure.
[Ord. No. 785, 7-11-2023]
A.
Regulations Applicable To All Marijuana-Related Uses. In addition
to all other pertinent and applicable regulations, the following special
conditions shall apply to all businesses and establishments selling,
growing, acquiring, transporting, delivering, cultivating, harvesting,
processing, testing, manufacturing, extracting, and/or certifying
marijuana and/or marijuana-infused products, including, but not limited
to, comprehensive marijuana cultivation facilities, comprehensive
marijuana dispensary facilities, comprehensive marijuana-infused products
manufacturing facilities, comprehensive marijuana testing facilities,
marijuana microbusiness dispensary facilities, marijuana microbusiness
wholesale facilities, medical marijuana cultivation facilities, medical
marijuana dispensary facilities, and medical marijuana-infused products
manufacturing facilities ("marijuana-related uses"):
1.
Location Restrictions. No marijuana-related uses shall be operated
or maintained within one hundred (100) feet, measured property line
to property line, of a then-existing elementary or secondary school,
child day-care center, or church. "Then-existing" shall mean any elementary
or secondary school, or church with a written building permit from
the City to be constructed, or under construction, or completed and
in use, at the time the marijuana-related use first applies for either
zoning or a building permit, whichever comes first.
2.
Operations And Storage. All operations shall be within a fully
secured area inside the building structure. All storage of materials,
products, or equipment shall be within a fully secured area inside
the building structure.
3.
On-Site Usage Prohibited. No marijuana or marijuana-infused
product may be smoked, ingested, or otherwise consumed on the premises
of a property upon which marijuana-related use is conducted.
4.
Display Of License Required. The license issued by the State
of Missouri to conduct the marijuana-related use shall be displayed
prominently in a location visible from the front entrance to the facility.
5.
Hours Of Operation.
a.
Marijuana Dispensary Facilities. All sales or distribution of
marijuana and any other products sold to the public through a comprehensive
marijuana dispensary facility, marijuana microbusiness dispensary
facility, or medical marijuana dispensary facility (herein collectively
referred to as "marijuana dispensary facilities") may take place between
the hours of 10:00 A.M. and 10:00 P.M., Monday through Sunday. Marijuana
dispensary facilities shall be secured and closed to the public after
the hours listed in this Subsection and no persons not employed by
the marijuana dispensary facility may be present in such a facility
at any time it is closed to the public.
b.
All Marijuana-Related Uses Other Than Marijuana Dispensary Facilities.
Facilities shall be closed to the public between the hours of 10:00
P.M. and 8:00 A.M. No persons not employed by the business shall be
on the premises at any time without being logged in by building security
personnel and issued a visitor pass.
c.
Hours of operation other than the hours listed in this Subsection
will not be allowed except as a conditional use.
6.
Waste Disposal. Any excess or unusable marijuana or marijuana
byproduct of a marijuana-related use shall be stored securely before
final disposition, which may be done within the facility in areas
designated for disposal activities or, if necessary, outside the facility
in a locked, tamper-resistant receptacle.
7.
Drive-Through Facilities. Drive-through facilities for marijuana-related
uses shall be prohibited.
B.
Additional Regulations Applicable
To Marijuana Dispensary Facilities.
1.
Signage. All marijuana dispensary facilities shall display signage
that meets the following requirements:
a.
Includes the word "ATTENTION" in red capital letters with a
font at least one and one-half (1 1/2) inches in height or twice
the height of the font size used on other interior signage for marijuana
or marijuana-infused products distributed by the facility, whichever
is larger.
b.
Includes all of the following statements in capital letters
in a font size at least three-fourths (3/4) of an inch in height or
as large as the font size used on other interior signage or for marijuana
or marijuana-infused products distributed by the facility, whichever
is larger:
(1)
PLEASE SAFELY STORE MARIJUANA AND MARIJUANA-INFUSED PRODUCTS
IN ORIGINAL PACKAGING AND OUT OF THE REACH OF CHILDREN.
(2)
DRIVING WHILE UNDER THE INFLUENCE OF COGNITIVE OR PHYSICAL IMPAIRMENT
FROM THE USE OF MARIJUANA IS A CRIME.
(3)
IT IS A CRIME TO DISTRIBUTE OR ATTEMPT TO DISTRIBUTE MARIJUANA
TO AN INDIVIDUAL UNDER THE AGE OF 21 AND MEDICAL MARIJUANA TO ANY
INDIVIDUAL OTHER THAN A QUALIFIED PATIENT OR PRIMARY CAREGIVER.
(4)
THE U.S. FOOD AND DRUG ADMINISTRATION HAS NOT APPROVED CANNABIS
FOR THE TREATMENT OF ANY DISEASE OR CONDITION.
c.
Is displayed clearly visible to the customers within three (3)
feet of all points of sale of marijuana or marijuana-infused products.
