City of Pevely, MO Article III District Regulations

Section 405.100 "A" Agricultural District Regulations.

[R.O. 2004 §§410.010 — 410.050; Ord. No. 571 §4, 6-3-1985; Ord. No. 745 §§1 — 3(410.010 — 410.050), 10-22-1992; Ord. No. 882 §§1 — 4, 12-2-1997; Ord. No. 1213 §1, 2-1-2010]

A. Purpose Of "A" Agricultural District. The purpose of the "A" Agricultural District is to zone residences and areas primarily used for agricultural uses and prevent uses in discord with community objectives.

B. Permitted Uses. A building or premises shall be used only for the following purposes. Under no circumstances shall a farm be operated for the disposal of garbage, rubbish or offal.

1. Detached single-family dwellings, but not including mobile homes.

2. Farms, truck gardens and nurseries, including the sale and distribution of agricultural products and farm machinery.

3. Farm animal lots, with the exception of confined feeding operations for cattle, sheep, poultry or swine.

4. Grain elevators or similar storage structures, including buildings for seasonal or temporary storage of grain.

5. Roadside stands, offering for sale only farm products which are produced on the premises.

6. Customary home occupations, provided that there shall be no external evidence of such occupations except a small sign not over two (2) square feet in area.

7. Accessory buildings or uses customarily incidental to any of the above uses and not involving the conduct of a business such as a private garage, parking area or private swimming pool.

C. Special Uses. The following uses are also permitted within the "A" Agricultural District, but only upon the granting of a special use permit.

1. Riding stables, veterinary hospitals.

2. Church or temple.

3. All public parks, playgrounds, private parks or non-profit recreational areas.

4. Public schools and institutions of higher education, public libraries and municipal buildings.

5. Public utilities, including water treatment plants, wells, sewage treatment plants and electrical distribution plants.

6. Private clubs, except skeet and gun clubs, and services which are operated as businesses.

7. Campgrounds.

8. Hospital or nursing homes.

9. Cemetery or mausoleum; provided that mausoleums shall be distant at least two hundred (200) feet from every street line and adjoining lot lines. Furthermore, any new cemetery shall contain an area of twenty (20) acres or more.

10. Airport or heliport.

11. Extraction of minerals, oil or gas including quarrying and sand and gravel pits.

12. Wind energy facilities, commercial wind turbines, small wind turbines and solar energy systems.

D. Parking Regulations. Parking spaces shall satisfy the requirements established in Article VII of this Chapter.

E. Height And Area Regulations.

1. Maximum height limitations for structures. Detached single-family dwellings and all buildings other than churches and similar places of worship, forty-five (45) feet or three (3) stories. Steeples of churches and similar places of worship may not exceed seventy-five (75) feet.

2. Area lot restrictions and minimum yard requirements.

Minimum Lot Area in Square Feet	Lot Width in Feet	Minimum Yard Requirements in Feet
		Front	Side	Rear
5 acres	250 feet	50 feet	20 feet	50 feet

3. Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than thirty percent (30%) of the area of the lot.

Section 405.110 "R-1" Low Density Residential District Regulations.

[R.O. 2004 §§412.010 — 412.050; Ord. No. 571 §5, 6-3-1985; Ord. No. 639 §1, 12-8-1987; Ord. No. 745 §§1 — 3(415.010 — 415.050), 10-22-1992; Ord. No. 882 §§1 — 4, 12-2-1997; Ord. No. 1213 §1, 2-1-2010]

A. Purpose Of "R-1" Low Density Residential District. The purpose of the "R-1" Low Density Residential District is to provide coherent zoning for low density, high quality residential housing and prevent uses not in accordance with community objectives.

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

1. Detached single-family homes, not including manufactured homes, mobile homes, modular structures or home occupations.

2. Temporary buildings, the use of which are incidental to construction operations or sale of lots during development on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction or upon the expiration of a period of two (2) years from the time of erection of such temporary buildings, whichever is sooner.

C. Special Uses. The following uses are also permitted within the "R-1" Low Density Residential District but only upon the granting of a special use permit under the provisions of Article IX of this Chapter:

1. Church or temple.

2. Public schools and non-boarding private educational institutions.

3. Publicly operated parks, playgrounds, libraries or art galleries and public facilities necessary for the furnishing of adequate service to the area but not including a garage, general office, outdoor storage yard or warehouse.

4. Golf courses, excluding miniature golf courses and driving ranges.

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

6. Wind energy facilities, commercial wind turbines, small wind turbines and solar energy systems.

D. Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Article VII of this Chapter.

E. Height And Area Regulations.

1. Height. The maximum height of buildings permitted shall be as follows:

a. All buildings or dwellings, forty-five (45) feet or three (3) stories, and the steeples of places of worship not more than seventy-five (75) feet.

2. Area lot restrictions and minimum lot requirements.

Type of Structure	Lot Area in Square Feet	Lot Width in Feet	Minimum Yard Requirements in Feet
			Front	Side	Rear
Single-family dwelling	1 acre	100	40	20	40
All special uses	5 acres	200	50	20	50

3. Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than twenty-five percent (25%) of the area of the lot.

4. Landscaping requirements listed under the "B-1" Medium Density Business District must be observed by all non-residential uses adjacent to residential property. In addition, for corner lots, no plant material may exceed a height of thirty-six (36) inches above the elevation of the street inside a diagonal line between at least two (2) posts thirty (30) feet from the intersection of the road right-of-way line.

Section 405.120 "R-2" Medium Density Residential District Regulations.

[R.O. 2004 §§415.010 — 415.050; Ord. No. 571 §5, 6-3-1985; Ord. No. 639 §1, 12-8-1987; Ord. No. 745 §§1 — 3(420.010 — 420.050), 10-22-1992; Ord. No. 882 §§1 — 4, 12-2-1997; Ord. No. 1185 §1, 3-2-2009]

A. Purpose Of "R-2" Medium Density Residential District. The purpose of the "R-2" Medium Density Residential District is to provide coherent zoning for medium density residential neighborhoods and prevent uses in discord with community objectives.

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

1. Any uses permitted in the "R-1" Low Density Residential District.

C. Special Uses. The following uses are also permitted within the "R-2" Medium Density Residential District but only upon the granting of a special use permit under the provisions of Article IX of this Chapter.

1. Any special use permitted in the "R-1" Low Density Residential District.

2. A modular structure on a permanent foundation. (See Definitions — Section 405.050.)

3. Customary home occupation provided that not over one-fourth (¼) the area of one (1) floor is devoted to such use and, further provided, that there shall be no external evidence of such occupation, except a small professional sign not over two (2) square feet in area.

D. Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Article VII of this Chapter.

E. Height And Area Regulations.

1. Height. The maximum height of buildings permitted shall be as follows:

a. All buildings or dwellings, forty-five (45) feet or three (3) stories and the steeples of churches or other of places of worship, not more than seventy-five (75) feet.

2. Area lot restrictions and minimum lot requirements.

Type of Structure	Lot Area in Square Feet	Lot Width in Feet	Minimum Yard Requirements in Feet
			Front	Side	Rear
Single-family dwelling	10,000	75	30	10	30
All special uses	24,000	140	30	30	30

3. Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than thirty percent (30%) of the area of the lot.

Section 405.130 "R-3" Two-Family Residential District Regulations.

[R.O. 2004 §§420.010 — 420.050; Ord. No. 571 §§5 — 6, 6-3-1985; Ord. No. 639 §1, 12-8-1987; Ord. No. 745 §§1 — 3(425.010 — 425.040, 425.050), 10-22-1992; Ord. No. 882 §§1 — 4, 12-2-1997; Ord. No. 1185 §2, 3-2-2009]

A. Purpose Of "R-3" Two-Family Residential District. The purpose of the "R-3" Two-Family Residential District is to provide coherent zoning for a medium density residential area and discourage uses which are not in accordance with community objectives.

B. Permitted Uses. Permitted uses shall include any use permitted in the "R-2" Medium Density Residential District, to include any restrictions imposed upon such use in the "R-2" Medium Density Residential District.

C. Special Uses. The following uses are also permitted within the "R-3" Two-Family Residential District but only upon the granting of a special use permit under the provisions of Article IX of this Chapter.

1. Any special use permitted in the "R-2" Medium Density Residential District, to include any restrictions imposed upon such use in said district.

2. Two-family dwellings.

3. (Reserved)

4. Rooming house, boarding house, lodging house, tourist home when located on an officially designated State highway.

5. Child or day care center, subject to the following conditions:

a. Child care center is located only in "R-3" Two-Family or "R-4" Multi-Family Residential Districts. The center shall be located in a residential dwelling unit which is the permanent residence of the operator.

b. The dwelling shall contain not less than one thousand (1,000) square feet of gross floor area where three (3) children, not members of the family, are provided for; and the dwelling shall be increased by one hundred (100) square feet of gross floor area for each additional child provided for within the dwelling. The floor area of an attached garage shall not be included in determining gross floor area of the dwelling.

c. The dwelling shall meet all City, County or State Health Department requirements as to safety, design, facilities and equipment and other features.

d. The dwelling shall be located on a lot having not less than ten thousand (10,000) square feet of area and all portions of said lot used for outdoor play space shall be fenced with cyclone or chain-linked fence not less than forty-two (42) inches in height.

e. The center shall be operated in a manner that will not adversely affect other properties and uses in the area.

D. Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements of specific uses set forth in Article VII of this Chapter.

E. Height And Area Regulations.

1. Maximum height limitations for structures.

a. All buildings or dwellings, forty-five (45) feet or three (3) stories.

b. Churches and similar places of worship, seventy-five (75) feet for towers or steeples and forty-five (45) feet for the principal building.

2. Area lot restrictions and minimum lot requirements.

Type of Structure	Lot Area in Square Feet	Lot Width in Feet	Minimum Yard Requirements in Feet
			Front	Side	Rear
Single-family dwelling	7,500	60	30	10	25
Two-family dwelling	15,000	100	30	10	30
Condominiums	See Planned Residential Development Regulations
All special uses	15,000	100	30	20	35

3. Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than thirty percent (30%) of the area of the lot.

Section 405.140 "R-4" Multi-Family Residential District Regulations.

[R.O. 2004 §§425.010 — 425.050; Ord. No. 882 §§1 — 4, 12-2-1997]

A. Purpose Of "R-4" Multi-Family Residential District. The purpose of the "R-4" Multi-Family Residential District is to provide coherent zoning for higher density residential neighborhoods and prevent uses not in accordance with community objectives.

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

1. Any use permitted in the "R-3" Two-Family Residential District, to include any restrictions imposed upon such use in said district.

2. Multiple-family dwellings.

3. Planned Residential Development (PRD).

4. Name plate not exceeding five (5) square feet in area attached to the wall at the entrance to be lighted only with indirect non-intermittent light.

C. Special Uses. The following uses are also permitted within the "R-2" Medium Density Residential District but only upon the granting of a special use permit under the provisions of Article IX of this Chapter.

1. Any special use permitted in the "R-3" Two-Family Residential District (except two-family dwellings which are a permitted use within the "R-4" Multi-Family Residential District).

2. Condominiums which comply with the Planned Residential Development regulations.

3. Rooming house, boarding house or lodging house.

4. Manufactured home on a permanent foundation.

D. Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements of specific uses set forth in Article VII of this Chapter.

E. Height And Area Regulations.

1. Maximum height limitations for structures.

a. Single-family dwellings, condominiums and two-family dwellings, forty-five (45) feet or (3) stories. Steeples of churches or other places of worship may not exceed seventy-five (75) feet.

2. Area lot restrictions and minimum lot requirements.

Type of Structure	Lot Area in Square Feet	Lot Area per Family Square Feet	Lot Width in Feet	Minimum Yard Requirements in Feet
				Front	Side	Rear
Single-family dwelling	7,000	7,000	60	30	10	25
Two-family dwelling	12,000	6,000	80	30	10	30
Condominiums	See Planned Residential Development Regulations
Multiple-family dwelling	18,000	3,000	100	30	15	30
All special uses	17,000	N/A	100	30	20	35

3. Any part of the lot area not used for buildings or other structures or for parking, loading or access ways shall be landscaped with grass, trees, shrubs and pedestrian walks in accordance with those standards established in the "B-1" Medium Density Business District.

4. Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than thirty percent (30%) of the area of the lot.

Section 405.150 "PRD" Planned Residential Development District Regulations.

[R.O. 2004 §§428.010 — 428.030; Ord. No. 745 §§1 — 3(426.010 — 426.026), 10-22-1992; Ord. No. 882 §§1 — 4, 12-2-1997]

A. Purpose Of "PRD" Planned Residential Development District. The purpose of this Article is to provide flexible zoning for "A" and "R" districts and emphasize the importance of approved site and development plans.

B. Applicable District, Planned Residential Development Permit Required. In an "R-4" Multi-Family Residential District, a tract of land may be developed as a Planned Residential Development, provided that the relevant bodies approve the planned residential development permit in compliance with the following procedure.

1. After a public hearing, the Planning and Zoning Commission may grant a planned residential development permit if it finds that the designed residential development complies with good planning practice, complies with good site planning, does not constitute a public nuisance and is conducive to the welfare of the City of Pevely.

2. The owner(s) or relevant parties shall file a verified application of the property requesting that the said property be developed as a "PRD" District. Applications shall be addressed to the City of Pevely Planning and Zoning Commission and filed with the City Clerk, accompanied by such data and information as may be prescribed for that purpose by the Planning and Zoning Commission. If the Planning and Zoning Commission gives preliminary approval to the application, the matter shall be forwarded to the Board of Aldermen. If the application is approved by the Board of Aldermen, the matter shall then be returned to the Planning and Zoning Commission for consideration of a final development plan. The applicant shall submit the final development plan to the Planning and Zoning Commission for approval within one hundred twenty (120) days from the time of the application's preliminary approval. Upon the approval of a final development plan by the Planning and Zoning Commission, the plan shall be on record with the Recorder of Deeds of Jefferson County. No building permit shall be issued for construction that is not in conformity with the recorded planned residential development permit. Unless otherwise stated, substantial work or construction under the permit shall commence within one (1) year or the permit shall terminate. If the permit is not reinstated within a period of six (6) months of said termination, the Board of Aldermen may order the planned residential development permit to be vacated.

C. Appeal Or Protest.

1. When the Planning and Zoning Commission recommends denial of a planned residential development permit application, the applicant may file an appeal with the Board of Aldermen requesting a determination from that body. A notice of appeal shall be filed within ten (10) days after the Planning and Zoning Commission's report is received by the Board of Aldermen at a regular meeting. Notice of appeal to the Board of Aldermen shall be in writing and shall be filed in duplicate with the City Clerk. The applicant shall have an additional thirty (30) days to file the appeal. The appeal shall set forth specifically wherein the application or the final development plan complies with good general planning practice, good site planning and visually blends with the permitted uses in the surrounding area and promotes the general welfare of the City of Pevely.

2. Upon receipt of an appeal or protest, the Board of Aldermen shall refer it to the Planning and Zoning Commission. The Planning and Zoning Commission shall then report to the Board of Aldermen disclosing in what respect the application succeeded or failed to meet the aforementioned requirements. The Board of Aldermen may affirm, reverse or modify any action previously taken regarding an application or protest by the Planning and Zoning Commission. Before acting on any appeal or protest, the Board of Aldermen shall give written notice of a hearing to the applicant and all those persons in opposition to the application at the initial public hearing as well as any other persons who, in the discretion of the Board of Aldermen, will be aggrieved by any action. An affirmative vote of two-thirds (⅔) of the members of the Board of Aldermen shall be required to reverse, modify or amend any determination of the Planning and Zoning Commission. A majority vote of the Board of Aldermen shall be sufficient to affirm any determination of the Planning and Zoning Commission.

D. Conditions For Permit Issuance.

1. Each application for a planned residential development permit shall encompass not less than four (4) dwelling units. It shall not contain more dwelling units than would be permitted in the residence district or districts in which the development lies.

2. The Planning and Zoning Commission shall consider architectural, landscape and other relationships which may exist between the proposed development and the surrounding neighborhood and shall require such physical treatment or other limitations as will preserve the character of the neighborhood.

3. Height limitations for structures may be modified by the Planning and Zoning Commission in an application for a planned residential development permit. Moreover, the requirements for open areas on the premises shall be met: Any residential structure exceeding three (3) stories in height shall be set back from all property lines at least one (1) additional foot for each foot of height above thirty-five (35) feet above the average ground elevation.

4. The Planning and Zoning Commission shall not modify the off-street parking regulations applicable in any district. However, the Planning and Zoning Commission may require additional parking regulations be enforced, such as the depression of open parking spaces below the grade of the property or the screening of spaces by walls, fences or plant material.

5. The Planning and Zoning Commission may explicitly impose special conditions relating to any development under this Article. These conditions include, but need not be limited to, the following:

a. Conditions relative to the type and extent of improvement and landscaping.

b. Conditions concerning development, improvements and maintenance of common ground.

c. Conditions relative to the maximum or minimum gross floor area per dwelling unit.

d. Conditions prohibiting the development of the property except in accordance with the provisions of the ordinance of the City of Pevely approving the preliminary development plan and prohibiting the issuance of a building permit for any other use not in compliance with the City ordinance.

e. The acreage of any open spaces, recreational areas or other common lands shall be considered part of the gross acreage, which is used to determine the maximum number of allowable dwelling units in the development. Any common land shall be conveyed by the developer in fee simple absolute title by warranty deed to a Board of Trustees. The trustees shall make provision by trust indenture for the sole benefit, use and enjoyment of the lot owners, present and future, of each subdivision authorized under the planned residential development regulation for term of years certain. The term of years certain shall extend for a period of at least twenty (20) years or for the duration of the subdivisions or development, whichever period of time is less. Thereafter, fee simple absolute title shall vest in the then lot owners or owners of other real property as joint owners. The rights of said joint tenants shall only be exercisable appurtenant to and in conjunction with their lot ownership or ownership of other real property. Any conveyance or change of ownership of any lot or other real property shall convey with it ownership in the common property. No lot owner or owner of other real property shall have the right to convey his/her interest in the common property except as an incident of the ownership of a regularly platted lot or ownership of other real property in the development. The sale of any lot or other real property in the development shall carry with it all the incidents of ownership of the common property although such is not expressly mentioned in the deeds; provided however, that no right or power conferred upon the trustees shall be abrogated. Warranty deeds and trust indentures complying with the aforementioned provisions shall have attached thereto a written legal opinion prepared and signed by an attorney licensed to practice law in the State of Missouri, setting forth the attorney's legal opinion as to the legal form and effect of the deeds and trust indentures. The deeds and indentures shall be approved by the City Attorney as to legal form and be filed with the Recorder of Deeds of Jefferson County simultaneously with recording of the final subdivision plat or development plan.

E. Procedures. Procedures shall comply with regulations established in Section 405.090 of this Chapter.

Section 405.160 "MH" Manufactured Housing Park District Regulations.

[R.O. 2004 §§430.010 — 430.070; Ord. No. 175 §§1 — 3, 3-4-1974; Ord. No. 177 §1, 5-1-1974; Ord. No. 745 §§1 — 3(430.010 — 430.050), 10-22-1992; Ord. No. 822 §1, 10-3-1995; Ord. No. 882 §§1 — 4, 12-2-1997; Ord. No. 1213 §1, 2-1-2010; Ord. No. 1527, 10-19-2020]

A. Purpose Of "MH" Manufactured Housing Park District. The "MH" Manufactured Housing Park District is designed to encourage the creation and maintenance of stable and enduring mobile home residential neighborhoods. To avoid conflicts with natural topography and existing community objectives, limitations will be placed on the use of land. This district encompasses the use of both manufactured houses and mobile homes.

B. Permitted Land Uses And Developments. For this district, permitted land uses and developments are as follows:

1. Manufactured homes, mobile homes, and modular structures.

2. Public and private not-for-profit parks, parkways, and playgrounds.

3. Local public utility facilities, provided that any installation, other than poles and equipment attached, shall be adequately screened with landscaping, fencing, walls, or any similar combination. These facilities shall be placed underground or shall be enclosed in a structure which blends with the character of the surrounding area. The Planning and Zoning Commission may review plans for screening facilities and until said Commission approves these plans, no building or installation permits shall be issued.

4. Portable carport/structure. A proposal for the use of a carport/structure shall be accompanied by a letter from the operator of the mobile home park explaining where this use will take place and granting permission for this use. Said carport/structure shall not encroach upon any public right-of-way. When no longer in use, the said carport/structure shall be removed. If the carport becomes dilapidated, it must be removed or repaired.

5. One (1) single-family residence per mobile home park.

C. Special Uses. For this district, all special uses require the approval of the Planning and Zoning Commission.

1. All public utilities.

2. Accessory buildings and land uses incidental to any of the permitted uses.

3. Radio, television, and communications transmitting on relay towers and facilities.

4. Wind energy facilities, commercial wind turbines, and small wind turbines.

D. Off-Street Parking And Loading Requirements. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Article VII of this Chapter.

E. Height Limitations For Structures.

1. Maximum Height Limitations For Structures.

a. Manufactured house or mobile home, twenty-five (25) feet.

b. Communications tower or public utility, fifty (50) feet.

2. The height of structures may be further restricted as provided in Article VI of this Chapter.

F. Lot Dimensions, Lot Area, And Yard Requirements. The following chart shall set out the lot dimensions, lot area, and yard requirements for this district:

Type of Structure	Lot Area in Square Feet	Lot Width in Feet	Minimum Yard Requirements in Feet
			Front	Side	Rear
Single-family	7,000	60	25	10	15
Manufactured housing	5,0001	50	252	10	15

1	One hundred (100) feet minimum lot depth.
2	Carports, both permanent and portable, shall be permitted behind the lot line.

1. Minimum lot size for non-residential permitted land uses shall be at least five (5) acres, with the except of public utility facilities.

2. Unless otherwise specified, all special land uses in this district shall encompass at least five (5) acres in area.

3. The minimum side yard setback for structures shall be six (6) feet.

4. No structure shall be erected within fifteen (15) feet of a rear property line.

5. Any non-residential structure permitted in this district which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.

6. Fences and boundary walls of less than six (6) feet are exempted from side and rear yard setback requirements.

7. No structure shall be less than thirty (30) feet from the roadway right-of-way line.

8. All mobile homes shall at least meet the tie-down requirements of the BOCA Building Code and the Dunklin Fire Protection District.

9. Placement of a manufactured home, mobile home, and modular structure shall be uniformly placed to meet minimum front yard setbacks.

10. All mobile homes and modular structures shall be placed on a minimum of four (4) inch thick concrete pad comparable to the size of the unit.

G. Permit Required For Placing Of Housing And Facilities.

1. Prior to beginning any construction on a manufactured house or mobile home, the parties involved in completing any of the work shall apply for a building permit from the Building Official of the City of Pevely, showing in detail the location and type of construction intended, and the provision for water, sewers, and electricity. The relevant parties must also estimate the cost and the construction time of the project. At the time of building permit issuance, a building permit fee shall be tendered as required by the City.

2. A separate building permit shall be issued for each manufactured house location and upon request by any City Official.

3. Anyone, including any party involved in the construction process, who commences construction without first obtaining a building permit shall be deemed guilty of a misdemeanor. The fine for this offense shall be as stated in Section 405.690 of this Chapter. Each day of construction, after charges have been filed, shall be deemed a separate violation. In addition, the Board of Aldermen shall have the authority to deny any additional building permits to an individual who has pending charges for violation of any provisions of this Section.

Section 405.170 "B-1" Medium Density Business District Regulations.

[R.O. 2004 §§435.010 — 435.050; Ord. No. 571 §§5, 9, 6-3-1985; Ord. No. 659 §1, 8-1-1988; Ord. No. 745 §§1 — 3(435.010 — 435.050), 10-22-1992; Ord. No. 882 §§1 — 4, 12-2-1997; Ord. No. 1213 §1, 2-1-2010]

A. Purpose Of "B-1" Medium Density Business District. The purpose of the "B-1" Medium Density Business District is to provide appropriate zoning for low density commercial uses and to prevent those uses not in accordance with community objectives.

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

1. Appliance repair shop employing not more than five (5) persons.

2. Automobile washing, including the use of mechanical conveyors, blowers and steam cleaning.

3. Bank, including drive-in bank; savings and loan association.

4. Barbershop; beauty shop.

5. Business or professional office, provided that no more than seven (7) persons are engaged or employed in each such use and not including office buildings.

6. Christmas tree sales.

7. Drug stores and medical prescription centers.

8. Dry cleaning and pressing establishments and self-service laundromats, using not more than two (2) clothes-cleaning units, neither of which shall have a rated capacity of more than sixty (60) pounds and which use non-explosive and non-flammable cleaning fluids.

9. Flower shop.

10. Hardware store; shoe repair store.

11. Newspaper offices.

12. Photographic studios; music studios; artist studios.

13. Public parking lot.

14. Restaurants, cafes and lunch rooms, excluding drive-in facilities.

15. Retail food stores, including grocery stores, meat markets or delicatessens; ice cream or candy stores; and bakeries with baking and processing for retail trade on the premises.

16. Any other retail or service use of similar character, when authorized by the Board of Aldermen after review by the City Planning and Zoning Commission.

17. Medical marijuana dispensary as defined in Section 405.050.

[Ord. No. 1498, 10-7-2019[1]]

[1] Editor's Note: This ordinance provided for the renumbering of former Subsection (B)(17) as Subsection (B)(18).

18. Accessory buildings and accessory uses customarily incidental to the above uses. All exterior solid waste containers and container racks or stands shall be suitably screened with a privacy fence or any other material approved by the Planning and Zoning Commission. No permanent outdoor storage shall be allowed.

C. Special Uses.

1. The following uses are also permitted within the "B-1" Medium Density Business District but only upon the granting of a special use permit under the provisions of Article IX of this Chapter.

a. Any permitted and special use permitted in the "R-4" Multi-Family Residential District except accessory buildings and accessory uses customarily incidental to the principal use.

b. Auto parts stores, excluding the dismantling or resale of used auto parts.

c. Funeral homes or mortuaries.

d. Homeless shelter.

e. Planned parenthood.

f. Self-service storage facilities.

g. Soda fountain or ice cream parlor.

h. Taverns; liquor sales subject to applicable regulations and permits.

i. Theaters, assembly halls.

j. Directional signs, not exceeding thirty-six (36) inches in height, which provide instruction or direction and are located on the property to which they pertain, to identify rest rooms, public telephones, walkways, parking lot entrances and exits and features of a similar nature.

k. Radio, television or telephonic communication transmitting tower. All towers will be required to have a continuous blinking warning light. A tower shall not be erected closer than the apex of the tower to any other structure.

l. Child or day care center.

m. Wind energy facilities, commercial wind turbines, small wind turbines and solar energy systems.

2. Plans/drawings for all proposed development in this Section shall be submitted to the Planning and Zoning Commission at least ten (10) working days prior to the meeting when said plans/drawings will be reviewed. The Planning and Zoning Commission may require a thirty (30) day review period before granting approval or denial of the proposal. The applicant shall present a receipt from the City Clerk showing that a filing fee of one hundred dollars ($100.00), plus two dollars ($2.00) for each lot or unit shown on the plot plan, has been paid.

D. Access, Parking And Loading Requirements. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in Article VII of this Chapter.

E. Performance Standards. All uses established in a "B-1" Medium Density Business District shall operate in accordance with the appropriate performance standards contained in Article V of this Chapter.

F. Height And Area Regulations. In addition to the specific requirements for the "B-1" Medium Density Business District, all height and area regulations and exceptions set forth in Article VI of this Chapter, as they apply to uses in the "B-1" Medium Density Business District, shall be observed.

1. Maximum height limitation for structures. All buildings other than churches and similar places of worship, thirty (30) feet or two (2) stories. Steeples of churches or other places of worship, seventy-five (75) feet.

2. Lot area minimum and minimum yard requirements.

Type of Structure	Lot Area in Square Feet	Lot Width in Feet	Minimum Yard Requirements in Feet
			Front	Side	Rear
All residential dwellings	Same as "R-3"		Same as "R-3"
All other permitted and special uses	5,000	50	30*	10	25

*	Parking and permanent signs permitted within this area.

3. Any part of the lot area not used for buildings or other structures or for parking, loading or access ways shall be landscaped with grass, trees, shrubs and pedestrian walks in accordance with the following requirements:

Minimum Caliper for Deciduous Trees: Two (2) inches.

Minimum Height for Coniferous Trees: Six (6) feet.

Tree Mix: Maximum of forty percent (40%) of one (1) species.

Distribution: One (1) tree per ten (10) parking spaces with seventy-five percent (75%) of those trees within the parking area.

One (1) foundation plant (shrub or bush) per twenty (20) feet of street exposed wall area.

A fifteen (15) foot wide buffer shall be required on any non-residential zoned property which abuts a residential zoned property and shall be located along the abutting property line or lines between the differently zoned properties. The buffer strip shall meet the following minimum requirements:

a. Natural vegetation.

Minimum species mixture: One hundred percent (100%) coniferous.

Minimum species height: Six (6) feet.

Minimum species spacing: Eight (8) feet on center.

b. Fencing.

Minimum height: Six (6) feet.

Sightproofing: Cyclone style.

The Planning and Zoning Commission may approve the use of topographic features in lieu of fences where such alternatives will achieve comparable effect.

The developer shall be required to submit a landscaping plan and to post a two (2) year bond covering the costs of all required landscaping to guarantee to the City of Pevely, Missouri, that said landscaping will be completed according to plan. Should the developer fail to complete the landscaping according to plan within the two (2) year period, proceeds from the bond shall be paid to the City of Pevely in the amount required for completion of the landscaping according to plan.

4. Percentage of lot coverage. All residential buildings or structures, including accessory buildings, shall not cover more than forty percent (40%) of the area of the lot. There are no coverage requirements for commercial structures.

Section 405.180 "B-2" High Density Business District Regulations.

[R.O. 2004 §§440.010 — 440.050; Ord. No. 571 §10, 6-3-1985; Ord. No. 639 §1, 12-8-1987; Ord. No. 745 §§1 — 3(440.010 — 440.050), 10-22-1992; Ord. No. 882 §§1 — 4, 12-2-1997; Ord. No. 1227 §1, 5-17-2010]

A. Purpose Of "B-2" High Density Business District. The purpose of the "B-2" High Density Business District is to provide coherent zoning for the medium and high density commercial uses and to prevent those uses not in accordance with community objectives.

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

1. Any use permitted in the "B-1" Medium Density Business District except as modified herein.

2. Apparel shop, shoe store, millinery shop, tailer's shop.

3. Appliance repair shop.

4. Billiard room or pool hall, but not within one hundred (100) feet of any "R" Residential District.

5. Bowling alley.

6. Building material yard wholly within an enclosed structure with no mill work done out-of-doors.

7. Business or professional office.

8. Bus terminal or taxi station.

9. Department or variety store.

10. Furniture and home furnishings store.

11. Gift shop, artists supply store or art shop, antique shop, office supply store and equipment store.

12. Hotel or motel.

13. Jewelry store.

14. Laboratories, research, experimental or testing.

15. Mail order office; toy store; dry goods store.

16. Motor vehicle service station, but not including body or fender work or commercial garages.

17. Painting or plumbing shop.

18. Printing, publishing and engraving.

19. Radio or television broadcasting station or studio.

20. Sporting goods or photo supply store.

21. Tire sales and service, including vulcanizing.

22. Temporary fireworks stands.

23. Outdoor advertising sign or structure displayed under the same conditions prescribed in the "B-1" Medium Density Business District.

24. Any other similar type of retail, general service or repair establishment, when authorized by the Board of Aldermen after review and recommendations from the City Planning and Zoning Commission and only when such use is consistent with the intent and purpose of the "B-2" High Density Business District regulations.

25. Medical marijuana facilities, as defined in Section 405.050.

[Ord. No. 1498, 10-7-2019[1]]

[1] Editor's Note: This ordinance provided for the renumbering of former Subsection (B)(25) as Subsection (B)(26).

26. Accessory buildings and accessory uses customarily incidental to the above uses.

C. Special Uses.

1. The following uses are also permitted within the "B-2" High Density Business District but only upon the granting of a special use permit under the provisions of Article IX of this Chapter.

[Ord. No. 1555, 11-1-2021]

a. Any special use permitted in the "B-1" Medium Density Business District, to include any restriction imposed upon such use in said district.

b. Arena (i.e., an enclosed area or building for public spectator activity).

c. Amusement center/facility.

d. Automobile sales office, including used car sales or storage lot.

e. Athletic stadium.

f. Auto-body shop; commercial garage.

g. Campground.

h. Golf course.

i. Public swimming pool.

j. Multiuse facility.

k. Racetrack.

l. Tent structure.

m. Trailer sales office, including trailer sales or storage lot.

n. Wholesale or distributing establishment or warehouse or wholesale market.

o. Tattoo establishment.

2. Plans/drawings for all proposed development in this Section shall be submitted to the Planning and Zoning Commission at least ten (10) working days prior to the meeting when said plans/drawings will be reviewed. The Planning and Zoning Commission may require a thirty (30) day review period before granting approval or denial to the proposal. The applicant shall present a receipt from the City Clerk showing that a filing fee of one hundred dollars ($100.00), plus two dollars ($2.00) for each lot or unit shown on the plot plan, has been paid.

D. Access, Parking And Loading Regulations.

1. Access requirements shall be the same as those for the "B-1" Medium Density Business District.

2. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Article VII of this Chapter.

E. Performance Standards. All uses established in a "B-2" High Density Business District shall operate in accordance with the appropriate performance standards contained in Article V of this Chapter.

F. Height And Area Regulations. In addition to the specific requirements for the "B-2" High Density Business District, all regulations set forth in Article VI of this Chapter as they apply to uses in the "B-2" High Density Business District shall be observed.

1. Height. The maximum height of buildings permitted shall be as follows:

All buildings, forty-five (45) feet or three (3) stories. Steeples on churches or other places of worship may not exceed seventy-five (75) feet. Buildings or structures may be erected or altered to a height of more than forty-five (45) feet, upon the written approval of the Fire Chief and the Board of Aldermen.

2. Minimum lot area and minimum yard requirements.

	Structure	Lot Area	Lot Width	Minimum Yard Requirements
	Residential	Same as "B-1"	Same as "B-1"	Same as "B-1"
	All other permitted and special uses	Same as "B-1"	Same as "B-1"	Same as "B-1"

Any part of the lot area not used for buildings or other structures or for parking, loading or access ways shall be landscaped and developed according to the same standards as those established for the "B-1" Medium Density Business District.

3. Percentage of lot coverage. All residential buildings or structures, including accessory buildings, shall not cover more than forty percent (40%) of the area of the lot. There are no lot coverage requirements for commercial structures.

Section 405.190 "B-3" Planned Business District Regulations.

[R.O. 2004 §§445.010 — 445.070; Ord. No. 571 §11, 6-3-1985; Ord. No. 745 §§1 — 3(445.020 — 445.055), 10-22-1992; Ord. No. 882 §§1 — 4, 12-2-1997]

A. Purpose Of "B-3" Planned Business District. The purpose of these regulations is to provide coherent zoning for planned commercial uses. This district facilitates combinations of developments not permitted within the "B-1" or "B-2" Business Districts. This district shall be laid out and developed as a unit according to an approved plan. The "B-3" Planned Business District facilitates combinations of developments not permitted within the "B-1" or "B-2" Business Districts. Uses permitted in other "B" Business Districts may also be found in the Planned Business District.

B. Use And Development Plan. The owner or owners of any tract of land shall submit a plan to the Board of Aldermen for the development of all or part of such tract. The Board of Aldermen shall refer the plan to the Planning and Zoning Commission for examination. The Planning and Zoning Commission shall then submit their report and recommendations to the Board of Aldermen. The Planning and Zoning Commission's recommendations shall be accompanied by a report stating the reasons for such recommendations. If no report is transmitted by the Planning and Zoning Commission within ninety (90) days of notification, the Board of Aldermen may take action without further delay, subject to the provisions for public hearings set forth in Article X of this Chapter.

C. Single Ownership Or Central Management Required. In order that the purpose of this district may be realized, the land and buildings and appurtenant facilities shall be in single ownership or under the management or supervision of a central authority.

D. Establishment Of District. A Planned Business District may be established by ordinance of the Board of Aldermen in the same manner as other districts, however, because of potential conflicts with adjoining uses, the City shall exercise more control over development in "B-3" Planned Business Districts than in "B-1" or "B-2" Business Districts.

E. Uses Permitted.

1. Within the "B-3" Planned Business District, the uses permitted shall only be those designated as a permitted use or special use in any of the "B" Business Districts. However, any ordinance authorizing the establishment of a particular Planned Business District may further limit the uses permitted on a given lot.

2. The Planned Business District shall be designed as a unified single project in compliance with the following requirements and, if built in stages, each stage shall conform with the approved plan.

F. Height Limitations For Structures. Unless otherwise stated in Article VI of this Chapter, the total height of any structure shall be limited by the conditions in the ordinance established for the particular Planned Business District.

G. Lot Area And Yard Requirements.

1. The lot area for any use or building in a Planned Business District shall be more than one (1) acre, unless this lot is adjacent to an existing "B" Business District or "I" Industrial District. A tract of land in a Planned Business District shall have an area (exclusive of any area dedicated as a public roadway) comprising no less than one (1) acre.

2. The minimum setback from all streets shall be thirty (30) feet. In addition, any structure in a Planned Business District exceeding thirty (30) feet in height adjacent to a "R" Residential District shall be set back from such lot line, in addition to the minimum fifteen (15) feet, a distance of one (1) foot for every two (2) feet in height above thirty (30) feet. If deemed necessary, greater setbacks may be required to ensure compatibility with adjoining uses.

3. The maximum lot coverage of any lot in this district shall be no greater than twenty-five percent (25%) of the total lot area or twenty percent (20%) of the total lot area in the case of lots with multiple floor buildings.

4. Any part of the lot area not used for structures, parking, loading or access ways shall be landscaped and developed according to the same standards as those established for the "B-1" Medium Density Business District.

H. Off-Street Parking And Loading Requirements. All parking regulations in this Section shall be governed by Article VII of this Chapter.

I. Performance Standards. All uses established in a Planned Business District shall operate in accordance with the standards contained in Article V of this Chapter. These performance standards are minimum requirements and, at the Board of Aldermen's discretion, may be made more restrictive at any time.

J. Procedures. Procedures shall comply with regulations established in Section 405.090 of this Chapter.

Section 405.200 "I-1" Light Industrial District Regulations.

[R.O. 2004 §§450.010 — 450.070; Ord. No. 571 §12, 6-3-1985; Ord. No. 745 §§1 — 3(450.010 — 450.070), 10-22-1992; Ord. No. 882 §§1 — 4, 12-2-1997; Ord. No. 1213 §1, 2-1-2010]

A. Purpose Of "I-1" Light Industrial District. The purpose of the "I-1" Light Industrial District is to provide coherent zoning for low density and low pollution industrial uses and to encourage uses in accordance with community objectives.

B. Permitted Uses. A building or premises shall be used only for the following purposes subject to the provisions of Subsection (G) of this Section.

1. Warehouse, wholesale merchandise or distributing establishment.

2. Freighting, transportation storage and trucking yard or terminal.

3. Building material or storage yard, but not including mixing plants for concrete.

4. Coal, coke or wood storage yard.

5. Sheet metal, plumbing, welding, machine shop or blacksmith shop.

6. Public utility service yard or electrical station.

7. Assembly and manufacture of pre-fabricated parts of appliances or similar products and processing or assembling of parts for the production of finished equipment.

8. The manufacture, compounding or treatment of goods, materials and products such as the following:

a. Bakery goods, bottling works, candy, cosmetics, pharmaceutical, toiletries, food products except for fish and meat products, sauerkraut, vinegar and the rendering of fats and oils.

b. Articles made from previously prepared materials such as bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stone, shells, textiles, wire, yarns and the like.

c. Musical instruments, toys, novelties, rubber or metal stamps and other small molded products.

d. Fabrication and repair of light sheet metal products.

9. Auto body shop including assembling, painting, upholstering, rebuilding, reconditioning, truck repairing, overhauling, tire retreading or recapping and battery manufacturers.

10. Any other industrial use of a similar character, when authorized by the Board of Aldermen after receipt, review and recommendations from the Planning and Zoning Commission, shall be consistent with the intent and purpose of the "I-1" Light Industrial District.

11. Adult book and video stores.

12. Drug rehabilitation centers.

13. Accessory buildings and accessory uses customarily incidental to the above uses.

14. Any structures or land used as residential or outpatient facilities for the treatment of substance abuse shall meet all of the following conditions.

a. If a residential facility, not more than five (5) persons residing in the building at one time.

b. If an outpatient treatment facility, the hours of operation shall not begin prior to 9:00 A.M. on any day nor extend beyond 6:00 P.M. on any day.

c. The exterior appearance of the treatment facility shall conform to the exterior appearance of other buildings in the area.

d. The treatment facility shall not be located closer than five (5) miles to any other substance abuse treatment facility.

e. The treatment facility property line shall not be located closer than one (1) mile to any residentially zoned area within the City.

f. The treatment facility shall not be located closer than one (1) mile to any church, school, government building, hospital, nursing home or public park.

C. Special Uses. The following uses are also permitted within the "I-1" Light Industrial District but only upon the granting of a special use permit under the provisions of Article IX of this Chapter.

1. Petroleum storage factory.

2. Any non-residential use permitted in the "B-2" High Density Business District but only if such use will not alter or disrupt the intent of the "I-1" Light Industrial District.

3. Wind energy facilities, commercial wind turbines, small wind turbines and solar energy systems.

D. Storage Of Products, Materials And Equipment. The storage of products, materials or equipment incidental to the above uses shall be permitted under the following conditions:

1. Areas for open storage outside the confines of a building or similar structure shall not constitute more than ten percent (10%) of the area of the lot.

2. When a use permitted herein adjoins or is adjacent to a residential or commercial district or use, all products, materials and equipment used in connection with the use shall be enclosed within a building or enclosed by a structural screen, fence, wall or planting sufficient to screen the storage area from view from adjoining or adjacent district.

E. Access, Parking And Loading Regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in Article VII of this Chapter.

F. Performance Standards. All uses established in the "I-1" Light Industrial District shall operate in accordance with the appropriate performance standards contained in Article V of this Chapter.

G. Plan Requirements And Review. Written applications for all uses within the "I-1" Light Industrial District shall be filed with the City Planning and Zoning Commission for approval.

1. Application. The application shall be accompanied by the following information:

a. A plot plan indicating the location of present and proposed buildings, driveways, parking lots and other necessary appurtenances and facilities.

b. Preliminary architectural plans for the proposed building or buildings.

c. An estimate of the maximum number of employees for the development and the number of shifts during which they would work.

d. Proposed water and sewer service demand including peak and minimum loads.

e. The type and chemical composition of any and all wastes which may be generated by the facility including, but not limited to, those which will be entering the municipal sewerage system and pre-treatment requirements.

f. The type and composition of any fumes, dusts, odors or other air-borne emissions which may be produced by the use considered.

g. Any and all other information as may be required by the City Planning and Zoning Commission.

h. A receipt from the City Clerk showing that a filing fee of one hundred dollars ($100.00), plus two dollars ($2.00) for each lot or unit shown on the plot plan, has been paid.

2. Review. Upon receipt of all information required in this Section 405.200, the Planning and Zoning Commission and the City Engineer shall review all materials within ninety (90) days of its submission. If no review has taken place within this ninety (90) day period, then it shall be considered accepted by the City of Pevely. At a minimum, the proposed use must meet the following review criteria:

a. It is consistent with the intent and purpose of the "I-1" Light Industrial District regulations.

b. It will not overload the existing municipal sewerage collection and treatment facilities.

c. It will not generate wastes into the municipal sewerage collection system which cannot be treated by available wastewater treatment facilities.

d. It will not emit noxious fumes, odors, dusts, gases, etc., which are not in compliance with any and all local, State or Federal regulations governing the same.

3. Upon the review and recommendation of the City Engineer and the Planning and Zoning Commission, the Chairman of the Planning and Zoning Commission shall submit, in writing, its findings on all review criteria to the Mayor and Board of Aldermen for their final consideration and approval and issuance of necessary permits.

H. Height And Area Regulations. In addition to the specific requirements for the "I-1" Light Industrial District, all height and area regulations and exceptions set forth in Article VI of this Chapter, as they apply to uses in the "I-1" Light Industrial District, shall be observed.

1. Maximum height lot requirements. For all buildings, forty-five (45) feet or three (3) stories.

2. Minimum area lot and minimum yard requirements.

Uses	Lot Area in Square Feet	Lot Width in Feet	Minimum Yard Requirements in Feet
			Front	Side	Rear
All uses	None	None	25	10	25

Any part of the lot area not used for buildings or other structures or for parking, loading or access ways shall be landscaped according to the same standards as those established in the "B-1" Medium Density Business District. Except that the necessary buffer shall be twenty-five (25) foot wide and shall be required on any non-residential zoned property which abuts a residential zoned property and shall be located along the abutting property line or lines between the differently zoned properties.

3. Percentage of lot coverage. There are no lot coverage requirements for uses permitted in the "I-1" Light Industrial District, other than those specified in this Chapter.

Section 405.210 "I-2" Heavy Industrial District Regulations.

[R.O. 2004 §§455.010 — 455.070; Ord. No. 571 §13, 6-3-1985; Ord. No. 745 §§1 — 3(455.010 — 455.070), 10-22-1992; Ord. No. 882 §§1 — 4, 12-2-1997; Ord. No. 888 §1, 3-2-1998]

A. Purpose Of "I-2" Heavy Industrial District. The purpose of the "I-2" Heavy Industrial District is to provide coherent zoning for high density industrial uses and to prevent uses not in accordance with community objectives. In addition, zoning regulations for this district shall also prevent any and all pollution which exceeds Federal, State or local standards.

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

1. Any industrial use permitted in the "I-1" Light Industrial District.

2. Manufacture of clay, stone and glass products.

3. Grain processing and/or milling.

4. Manufacture of bolts, nuts, screws, tools dies, machinery and hardware products and vitreous-enameled products.

5. Manufacture of boxes, crates, furniture, baskets, veneer and other wood products of a similar nature.

6. Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics and printing and finishing of textiles and fibers into fabric goods.

7. Office and office buildings customarily incidental to the above uses.

8. Cement, lime, gypsum or plaster manufacturer.

9. Automobile wrecking, cars and parts, storage and sales.

10. Veterinary hospital.

11. Any other industrial use of similar character which is not specifically permitted herein, when authorized by the Board of Aldermen after review and recommendations from the City Planning and Zoning Commission and only when such use is consistent with the purpose of the "I-2" Heavy Industrial District.

C. Special Uses. The following uses are also permitted within the "I-2" Heavy Industrial District after the granting of a special use permit under the provisions of Article IX of this Chapter.

1. Public buildings and public service facilities.

2. Central mixing plants for cement, mortar, plaster or paving materials. No mixing plant shall be located within six hundred (600) feet of any "R" or "B" district boundary.

3. Acid manufacturer.

4. Explosives manufacture or storage.

5. Fertilizer manufacture.

6. Refining or storage of petroleum or petroleum products.

7. Refining or smelting of ores.

8. Auto salvage yard (metal, paper, rags, wastes or glass) storage, treatment or bailing.

9. Animal stables and kennels.

10. Mining and quarrying.

D. Storage Of Products, Materials And Equipment. The storage of products, materials or equipment incidental to the above uses shall be permitted under the following conditions:

1. All products, materials and equipment used in connection with the use shall be enclosed within a building or enclosed by a structural screen, fence, wall or planting sufficient to screen the storage area from view.

E. Auto Salvage Yard.

1. Any person operating and maintaining an auto salvage yard shall construct and maintain a blind fence on the premises of such establishment.

2. Non-combustible blind fence requirements.

a. Non-combustible blind fence shall be of a constant height throughout the premises and shall be no less than ten (10) feet high nor greater than fifteen (15) feet.

b. Such fencing shall be of sufficient height to screen any and all wrecked or disabled automobiles kept therein from public view.

c. Any such fence constructed parallel to the line of a street, alley or any public thoroughfare shall be subject to annual maintenance inspection by the Code Enforcement Officer. Where applicable, protective coatings such as paint shall be of a color that is residentially accepted.

F. Access, Parking And Loading Requirements. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in Article VII of this Chapter.

G. Performance Standards. All uses established in the "I-2" Heavy Industrial District shall operate in accordance with the appropriate performance standards contained in Article V of this Chapter.

H. Plan Requirements And Review. Written applications for all uses within the "I-2" Heavy Industrial District shall be filed and reviewed in accordance with Section 405.200(G), "I-1" Light Industrial District.

I. Height And Area Regulations. In addition to the specific requirements for the "I-2" Heavy Industrial District, all height and area regulations and exceptions set forth in Article VI of this Chapter, as they apply to uses in the "I-2" Heavy Industrial District, shall be observed.

1. Height. Maximum height of buildings shall be ninety (90) feet or six (6) stories.

2. Minimum area lot and minimum yard requirements.

Uses	Lot Area in Square Feet	Lot Width in Feet	Minimum Yard Requirements in Feet
			Front	Side	Rear
All uses	None	None	25	10	25

	Except that a side yard of ten (10) feet in addition to the twenty-five (25) feet buffer shall be provided where such use abuts a "R" Residential District.
	Any part of the lot area not used for buildings or other structures or for parking, loading or access ways shall be landscaped and developed according to the same standards as those established for the "I-1" Light Industrial District.

3. Percentage of lot coverage. There are no lot coverage requirements for uses permitted in the "I-2" Heavy Industrial District, other than those specified in this Chapter.

Section 405.220 "PID" Planned Industrial District.

[R.O. 2004 §§457.010 — 457.060; Ord. No. 745 §§1 — 3(457.010 — 457.040), 10-22-1992; Ord. No. 882 §§1 — 4, 12-2-1997]

A. Purpose Of Planned Industrial District.

1. The Planned Industrial District of the City of Pevely, Missouri, encompasses areas wherein may be located developments and uses permitted in any of the other "I" Industrial Districts and such development and uses designated in the "B" Business Districts as may be specifically related to a particular industrial activity or complex. Within the Planned Industrial District, it is the purpose of these regulations to facilitate the establishment of combinations of developments and uses for which no provision is made in any other single "I" Industrial District or the establishment of industrial developments and uses in locations where it would be appropriate to the area if they were to take place under approved site plans and such conditions as to assure said developments and uses would be consistent with good planning practice and operated in a manner compatible with permitted developments and uses in adjoining districts, as necessary to protect the general welfare.

2. A Planned Industrial District may be established on a tract of land in single ownership or management control, provided that the preliminary development plan and the application for change of zoning are approved by the Board of Aldermen and the final development plan is approved by the Planning and Zoning Commission and recorded in the office of the Recorder of Deeds of Jefferson County, Missouri, in accordance with the requirements of this Chapter and provided that the schedule of construction is complied with in accordance with the requirements of this Chapter.

3. A Planned Industrial District may be established by ordinance of the Board of Aldermen in the same manner that other mapped districts are established where the Board of Aldermen determines that any particular tracts or areas should be developed for industrial use, but because of potential conflicts with adjoining uses, existing or potential, a greater degree of control of the manner of development is necessary to protect the general welfare than is possible under the regulations of the other "I" Districts.

B. Permitted Land Uses And Developments. In a Planned Industrial District, the uses permitted shall only be those designated as a permitted use or special use in any of the "I" Industrial Districts and "B" Business Districts as may be specifically related to a particular industrial activity or complex; however, the specific ordinance authorizing the establishment of a particular Planned Industrial District related to a specific tract of land may further limit the uses permitted on the tract.

C. Off-Street Parking And Loading Requirements. The minimum off-street parking and loading requirements for any use or building in a Planned Industrial District shall not be reduced below that required for the same use in any other "I" Industrial District or "B" Business District, except where the Planned Industrial District includes two (2) or more uses, then the Planning and Zoning Commission may recommend and the Board of Aldermen may approve a total reduction of combined required parking and off-street loading space by not more than twenty percent (20%), where it has been demonstrated by study of the combined uses and customary hours of operation or peak use, that adequate parking would be so provided. Where determined necessary, parking and off-street loading requirements in excess of minimum standards may be required.

D. Height And Area Regulations.

1. Height limitations for structures. Unless otherwise restricted by application of regulations of Section 405.320 of this Chapter, the total height of any structure shall be limited by the conditions in the ordinance authorizing the establishment of the particular Planned Industrial District.

2. Lot area and yard requirements.

a. Subsequent to the date of this Chapter (December 2, 1997), the lot area for any use or building in a Planned Industrial District shall not be less than one (1) acre, unless said lot or parcel is adjacent to an existing "I" Industrial District or except as may be established by the Board of Aldermen and Planning and Zoning Commission as part of the Comprehensive Zoning Plan of the City.

b. Setbacks for parking areas and structures shall be established by the conditions governing the particular Planned Industrial District so as to ensure compatibility with adjoining developments, uses and zoning but no parking area or structure shall be permitted within thirty-five (35) feet of a property line adjoining property in an "R" Residential District.

c. Any structure in a Planned Industrial District exceeding thirty (30) feet in height which adjoins property in an "R" Residential District shall be set back from such property line, in addition to the minimum thirty-five (35) feet, a distance of one (1) foot for every two (2) feet in height above thirty (30) feet; greater setbacks may be required if deemed necessary to ensure compatibility with adjoining developments or uses.

d. Any part of the project area not used for buildings or other structures or for parking, loading or access ways shall be landscaped and developed according to the same standards as those established for the "I-1" Industrial District.

E. Performance Standards. All uses established in a Planned Industrial District shall operate in accordance with the appropriate performance standards contained in Article V of this Chapter. These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance authorizing the establishment of a particular Planned Industrial District where the Board of Aldermen determines that such restrictions are necessary to protect the general welfare.

F. Procedures. Procedures shall comply with regulations established in Section 405.090 of this Chapter.

Section 405.230 "WF" Waterfront District.

[R.O. 2004 §§458.010 — 458.070; Ord. No. 819 §§458.010 — 458.070, 9-5-1995; Ord. No. 882 §§1 — 4, 12-2-1997]

A. Purpose.

1. The purpose of the Waterfront District (hereinafter referred to as the "WF" District) is to create a unique environment that is attuned to the promotion and generation of tourists, regional trade, recreational and commercial waterfront development and other indirectly related uses that are closely compatible.

2. It is the intent of this district to locate and permit uses that encourage tourism and related commercial activities within its boundary.

3. The district shall accommodate specific land uses that will complement and encourage tourism, retail trade, entertainment, recreation and service activities, as herein provided for, as permitted or conditional uses.

B. Permitted Uses And Accessory Uses. In the "WF" District, a building or land shall be used for the following purposes:

1. Floating casinos and gaming establishments in the form of excursion gambling boats and continuously docked excursion gambling boats, as permitted by State Statutes, and any necessary and incidental land side support facilities and parking.

2. Public, semi-public or private commercial or non-for-profit recreation facilities.

3. Floating restaurants, floating bars and floating entertainment facilities, excluding gaming operations.

4. Excursion boats including those providing restaurant, bar or other entertainment facilities, excluding gaming operations.

5. Public parks and open spaces.

6. Restaurants, cafes, coffee shops and delicatessens.

7. Retail or specialty food stores.

8. Retail business involved in the sale of tourist items or other form of merchandise.

9. Convention centers and public meeting and exhibition facilities.

10. Personal and business service establishments including:

a. Banks and savings and loan associations.

b. ATM machines, cash machines or other electronic financial services.

c. Travel bureaus/offices.

d. Entertainment ticket offices.

e. Hotels, motels, inns and facilities associated with their use.

f. Day care facilities.

11. Commercial or club fishing lakes or sites on rivers.

12. Utility substation or pumping station for electric, gas, water or telephone utilities.

13. Permitted accessory uses. Game and arcade areas where the operations and activities are accessory to a primary use.

C. Authorized Special Uses. The following special uses are authorized provided they comply with all regulations set forth in this Section for a Waterfront District:

1. All uses for which special use permits are required by other Sections of this Chapter.

2. Any public building erected and used by any department of the City of Pevely, Jefferson County, State of Missouri or U.S. Government in any district.

3. Any facilities such as marinas, boat docks and piers.

4. Boat docks, ferry landings, wharves, piers and ramps exclusively for the use of pleasure craft, including boat and yacht clubs.

5. Taverns, bars and nightclubs, including floating or moving nightclubs.

D. Parking Regulations.

1. Access requirements shall be the same as those for the "B-1" Medium Density Business District.

2. Off-street parking spaces shall be provided in accordance with the requirement for specific uses set forth in Article VII of this Chapter.

E. Performance Standards. All uses established in a Waterfront District shall operate in accordance with the appropriate performance standards contained in Article V of this Chapter.

F. Handicapped Requirements. All handicapped requirements outlined in the City of Pevely Zoning Code will be applicable to the Waterfront District.

G. Plan Requirements And Review. Written applications for all uses within the "WF" Waterfront District shall be filed with the City Planning and Zoning Commission for approval.

1. Application. The application shall be accompanied by the following information:

a. A plot plan indicating the location of present and proposed buildings, parking facilities and any other additional structures or appurtenances.

b. Preliminary architectural plans for the proposed building or buildings.

c. An estimate of the maximum number of employees for the enterprise, including the number of shifts and the times of shift changes.

d. Proposed water and sewer service including peak and minimum loads.

e. The type and composition of any fumes, dusts, odors or other airborne emissions, including those released by cigarette smoke.

f. Proposed revenue generated from the uses proposed.

g. A receipt from the City Clerk showing that a filing fee, in addition to a lot fee, has been paid.

h. Any and all other information requested by the City Planning and Zoning Commission.

2. Review. Upon receipt of all information required in Subsection (F) of this Section, the Planning and Zoning Commission and the City Administrator shall review all materials within ninety (90) days of its submission. If no review takes place within this ninety (90) day period, then the application shall be automatically accepted by the City of Pevely. The proposed use must meet these criteria for review:

a. The proposed use is consistent with the intent and purpose of the "WF" Waterfront District regulations.

b. It will not overload the existing municipal sewerage collection and treatment facilities.

c. It will not generate noxious fumes, odors, dusts, gases, etc., either on land, in water or into air, which violate any local, State or Federal regulations governing the same.

d. It will not violate existing building codes or be deemed aesthetically inappropriate or offensive.

3. Upon the review and recommendation of the Planning and Zoning Committee, the Chairman of the Planning and Zoning Commission shall submit in writing its findings on all review criteria to the Mayor and Board of Aldermen for their final consideration and approval and issuance of necessary permits.

H. Height And Area Regulations. The specific requirements contained in the "I-2" Heavy Industrial District, and all height and area regulations and exceptions set forth in Article VI of this Chapter that apply to uses in the "I-2" Heavy Industrial District shall be required and observed in the Waterfront District.