City of Crestwood

1. Residential

The residential category is the principal use of land and buildings for dwelling units. The arrangement and extent of dwelling units depends on the zoning district, lot sizes, and building types, arranged in the following types

2. Civic institutional

The civic/institutional category is the use of land and buildings to serve public or community interest by enhancing the daily cultural, social, or recreation need for residents and neighborhoods, whether by way of open and public citizenship, by property ownership or residency, or by membership affiliation. It includes the following types

3. Retail

The retail category is the use of land and buildings for the sale of goods and/or food and beverages directly to the consumer, where these goods are available for immediate purchase or order, and where goods can be immediately removed from the premises, or immediately consumed on the premises by the purchaser, and where frequent interaction of patrons or consumers occurs on the premises. The types of uses in this category are dependent on the size of gross leasable area per tenancy, where the smaller formats (micro, limited, or small) are typically dependent on a target market of consumers within the neighborhood or one-mile area, and where the larger formats (general, large, and warehouse) are typically dependent on a target market beyond the one-mile area.

4. Office/service

The Office/service category is the use of land and buildings for businesses engaged in the exchange of professional and individual services. It includes the following types

5. Industrial

The industrial category is the use of land and buildings engaged in the production, processing, storage or distribution of goods with potential impacts beyond the site due to the types of activities, the physical needs of the site or facility, the types of materials used, or the delivery and access operations, and which in typical formats and operations may not be compatible with other business uses. It includes the following types

6. Special uses

These businesses are subject to special licensure, location, and permitting requirements.

3-/4-plex

A residential building designed to accommodate up to four primary dwelling units in single-ownership in a neighborhood. Units are arranged to maintain an outward design and appearance as a detached house.

Accessory dwelling

A dwelling unit, either in a detached accessory structure, or included within a principal structure, that is located on the same lot as a detached house and is incidental to the principal use of the lot for a principal dwelling. Examples include a garage apartment, basement apartment, or second level/attic apartment.

Animal care or clinic - general

A service use for the medical care of small domestic animals where outdoor pens or kennels are only used for exercise and recreational purposes, and no animals are kept outside. Examples include large veterinary offices, large grooming facilities, animal hospital, or commercial kennels.

Animal care or clinic - limited

A service use for the medical care of small domestic animals where treatment rooms, cages, or pens are completely enclosed and soundproof, and where any boarding of animals is accessory to the principal use, and where the gross leasable area is under 2,500 square feet. Examples include a small veterinary office, small pet day care, or grooming facility.

Apartment complex

A grouping of apartment buildings in a common development arranged around an internal system of streets/internal access, walkways, and common open space.

Assembly - event venue

Places of public assembly designed and located to serve community or civic needs of the City or region and typically designed for 1,001 or more. Examples include an auditorium or large event hall.

Assembly - event venue, religious

Places of religious assembly designed and located to serve community or civic needs of the City or region and typically designed for 1,001 or more.

Assembly - large

Places of public assembly designed and located to serve community or civic needs of a broad vicinity with regular or periodic organized services or events, and typically designed for 501 to 1,000 people. Examples include a community center or event hall.

Assembly - large, religious

Places of religious assembly designed and located to serve community or civic needs of a broad vicinity with regular or periodic organized services or events, and typically designed for 501 to 1,000 people.

Assembly - limited

Places of public assembly designed and located to serve community or civic needs for residents of nearby neighborhood(s) with regular or periodic organized services or events, and typically designed for no more than 250 people at maximum occupancy. Examples include a neighborhood association clubhouse or meeting hall.

Assembly - limited, religious

Places of religious assembly designed and located to serve community or civic needs for residents of nearby neighborhood(s) with regular or periodic organized services or events, and typically designed for no more than 250 people at maximum occupancy.

Assembly - small

Places of public assembly designed and located to serve community or civic needs of neighborhoods in the vicinity with regular or periodic organized services or events, and typically designed for 251 to 500 people. An example includes a small event hall.

Assembly - small, religious

Places of religious assembly designed and located to serve community or civic needs of neighborhoods in the vicinity with regular or periodic organized services or events, and typically designed for 251 to 500 people.

Car wash establishment

A facility primarily for the purpose of cleaning, washing, and/or waxing motor vehicles, such as passenger cars, trucks, and vans, and trailers, either by mechanical equipment with vehicles on a self-propelled wash rack, or where a patron washes a vehicle with a high-powered hose in a service bay.

Community and public service

A civic use offering education, arts and cultural materials, or attractions for the general public, including exhibits and events; or offering administrative, social, tourism, or charitable services to the general public. Examples include museums, libraries, public safety, post office, or recreation centers.

Detached house

A residential building designed as one primary dwelling unit in a neighborhood subdivision setting. Variations of this type are based primarily on lot size.

Duplex

A residential building designed to accommodate two primary dwelling units in a neighborhood setting. Duplex units share a single common wall or floor/ceiling, with an outward design and appearance as a detached house. A duplex may be on a single lot, or it may be platted as separate lots along the common wall line. Duplex units may be developed as rental properties or as condominiums.

Education - campus

A large public or private institution for primary or secondary education and typically serving more than 601 students on more than 10 acres and targeted to the broad vicinity, including neighborhoods beyond one mile.

Education - extension

A public or private institution for a wide variety of academic, vocational, or professional training and education services, but which provides services in a more mixed-use or commercial setting utilizing sites and buildings within that context.

Education - neighborhood school

A small public or private institution for primary or secondary education and typically serving up to 600 students on less than 10 acres, primarily targeted to neighborhoods within one mile. Special purpose schools that have a larger target area but are designed and scaled to perform similarly to a neighborhood school may be included in this type.

Gas station - general (five to 16 pumps)

A retail use engaged in the sale of fuel and other convenience goods to the general public, and may include accessory repair or maintenance services. The use is limited to no more than 16 fueling stations and no more than four garage service bays. Examples include a small convenience center or large gas station.

Gas station - large (16+ pumps)

A retail use engaged in the sale of fuel and other convenience goods to the general public, and may include accessory repair or maintenance services. The use may include more than 16 fueling stations. Examples include large convenience stores, gas stations or truck stops and travel centers.

Gas station - limited (one to four pumps)

A retail use engaged in the sale of fuel and other convenience goods to the general public, and may include accessory repair or maintenance services. The use is limited to no more than four fueling stations and no more than two garage service bays. Examples include a small, neighborhood gas and service station.

Grocery - convenience/market

A retail use selling food and produce or specialty food products for household consumption in a small-scale format under 10,000 square feet. Examples include a corner market, butcher shop, produce stand, or similar food store. This use may also be associated with gasoline sales.

Grocery - store (5,000 - 40,000)

A retail use selling food, produce, and other household products for household consumption in a small-scale format at least 6,000 but less than 40,000 square feet. Examples include a small grocery store that may serve as the anchor to a small-scale walkable center.

Grocery - supermarket (40,000+)

A retail use selling food, produce, and household products for household consumption in a large-scale format, at least 40,000 square feet. Examples include a large-format grocery or supermarket, or a similar function housed within a larger warehouse retail store.

Group homes

A "group home" is a single-family dwelling in which eight or fewer unrelated mentally or physically handicapped persons reside and live together functionally as a single housekeeping unit, and may include two additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: PD-R, R-1, R-2, R-3, R-4, R-5

Development Requirements:
General requirements.

1. No more than eight unrelated mentally or physically handicapped persons may reside in any individual group homes.
2. Not more than two additional persons acting as houseparents or guardians, who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home, may also reside on the premises. No additional employees, aside from up to two houseparents or guardians residing on the premises, shall be full-time or part-time employees stationed at such premises.
3. The exterior appearance of any group home and property shall be in reasonable conformance with scale, massing, appearance, site design, architecture, other characteristics and general neighborhood standards of the area within which the group home is located, as determined by the reasonable professional administrative judgment of the Director of Public Services. The exterior appearance of any group home and property shall be in reasonable conformance with the City's Property Maintenance Code as set forth in §§ 7-32 through 7-37 of this Code, and applicable provisions of the technical codes adopted pursuant to § 7-1 of this Code. Any person aggrieved by a decision of the Director of Public Services under this subsection may appeal that decision to the Board of Adjustment.
4. Each bedroom occupied by one person shall contain at least 80 square feet of floor space.
5. Each bedroom occupied by more than one person shall provide at least 60 square feet of floor space per person, and no more than four persons shall occupy each bedroom.
6. Each home shall provide 80 square feet of interior floor space, excluding bedrooms, kitchens, bathrooms, closets and basements, for each occupant, including staff.
7. Each group home shall provide sufficient off-street parking in conformity with the parking standards set forth in this chapter to accommodate the needs of the houseparents, residents and visitors to the premises.

a. The City Planner shall establish the required number of parking spaces for each group homes based upon:

(1) The number of houseparents or guardians to reside in the home;
(2) The reasonable needs and circumstances of the persons intended to reside in the home; and
(3) The reasonably anticipated frequency and duration of visitors to the home.

b. Any person aggrieved by a decision of the City Planner as to the number or necessity of parking spaces may appeal that decision to the Board of Adjustment.

District requirements; conditional use permit required.

1. No group home shall be located within 500 feet of any then-existing group home.
2. A separate conditional use permit shall be required for each premises used for group home.
3. A conditional use permit for a group home is not transferable or assignable, including, without limitation, not transferable or assignable to a different premises, to a different type of business, or to a different owner or licensee, without the permission of the Board of Aldermen. A conditional use permit for a group home is valid only for the owner(s) named thereon, the type of facility for which a conditional use permit has been granted, and the location for which the permit is issued.
4. An application for a conditional use permit for a group home shall be filed with the Department of Public Services, with an application fee in an amount established by the Board of Aldermen. The Department of Public Services may provide forms to applicants for that purpose.

Home-based business

An accessory use conducted in either the principal dwelling unit or an accessory dwelling or structure that does not change the residential character of the dwelling unit or accessory dwelling or adversely affect the character of the surrounding neighborhood.

See also: Office - home-based business & Service - home-based business

Districts Where Allowed Districts where this use is Permitted by Right: PD-MXD, PD-R, R-1, R-2, R-3, R-4, R-5

Development Requirements:
Based business as set forth in Section 26-5 of this Code, except that a daycare licensed by the State of Missouri shall be authorized to serve as many children as authorized by its license from the State. No-impact home-based businesses may be conducted without a permit, license, or prior approval from the City for use of the residence as a home-based business. No-impact home-based businesses shall annually register with the City on a form provided by the Director of Public Services. The registration form shall include, at a minimum, the following information:

(1) The name of the property owner or tenant;
(2) The address of the residence;
(3) The name of the business, and contact information for the business owner(s);
(4) The maximum number of employees on-site at any one time, and the total number of employees;
(5) The general nature of the business, including whether the business is subject to health inspection;
(6) An attestation or affirmation that the business qualifies as a no-impact home based business and will comply with all applicable regulations.

Home-based businesses shall comply with all applicable health and safety regulations of the City, including applicable fire and building codes, and all regulations governing health and sanitation, transportation or traffic control, solid or hazardous waste, pollution, and noise control. Home-based businesses shall pay all applicable taxes, and shall comply with all applicable State and Federal laws. All goods, materials, or commodities inventoried, stored, or displayed for sale or kept as inventory shall be stored indoors, or within a fenced rear yard and not visible from the street. Any deliveries or shipments of goods, materials, or commodities shall be conducted in volume, manner, and frequency that does not disrupt or affect the residential character of the surrounding neighborhood.

Licensed comprehensive marijuana cultivation facilities, comprehensive marijuana-infused products manufacturing facilities, testing facilities, and microbusiness wholesale facilities

MARIJUANA FACILITIES
As defined by Article XII, (Special Uses), § 26-76A (Medical Marijuana Facilities), of this chapter.

Licensed comprehensive marijuana dispensary facilities and microbusiness dispensary facilities

MARIJUANA FACILITIES
As defined by Article XII, (Special Uses), § 26-76A (Medical Marijuana Facilities), of this chapter.

Live/work unit

A mixed-use unit that contains a commercial, office or light industrial component. The work component does not exceed 50% of the dwelling area.

Lodging - bed-and-breakfast (up to five rooms)

A lodging use in a residential building type that has up to five guest rooms and a resident manager for accessory meals, operations, and cleaning services.

Lodging - hotel/motel

A lodging use in a large commercial building or complex designed for more than 20 guest rooms, as well as associated restaurant, event and conference services.

Lodging - inn (up to 20 rooms)

A lodging use in a small commercial building that accommodates up to 20 guest rooms which may include limited accessory service, such as a small restaurant or lounge.

Manufacturing - artisan

A small-scale industrial use where activities produce little or no by-products, such as smoke, odor, dust, or noise, discernible from outside of the building; where deliveries and distribution are made by general consumer delivery services requiring no special large truck access; and where products are made available for purchase or viewing to the general public. Uses typically occupy buildings or spaces under 5,000 square feet of gross leasable area. Examples include artists' studios, small wood or metal shops, craft manufacturing, small bakery, or other similar small-scale assembly of finished products.

Manufacturing - general

An industrial use where by-products, such as noise, dust, smoke, or odor, are produced, but are mitigated to limit impacts beyond the property boundary. Outside storage and activities may be necessary, and distribution and delivery needs involve frequent or large truck access. Examples include large-scale manufacturing or fabrication plants, food production and manufacturing plants, metal fabrication plants, chemical laboratories, or other similar high-intensity manufacturing or distribution operations.

Manufacturing - heavy

An industrial use capable of producing significant by-products, such as noise, dust, smoke, or odor, beyond the building or site, or where hazardous materials may be stored, used, or produced as a typical part of the business, and distribution involves heavy truck, freight and machinery access. Examples include chemical, wood or metal storage and production, pressing and dying plants, asphalt or cement production, animal processing, or other heavy or hazardous manufacturing operations.

Manufacturing - light

An industrial use where little or no by-products, such as smoke, odor, dust, or noise, are discernible from outside of the building and where distribution and delivery needs occur through light to moderate commercial truck access. Examples include research labs or facilities, small equipment or commodity assembly, warehousing or wholesaling of consumer products, commercial bakery, nonretail laundry services, or similar businesses that provide products for support of other businesses.

Marijuana facilities (distribution, cultivation, manufacturing, and testing)

As defined by Article XII, (Special Uses), § 26-76A (Medical Marijuana Facilities), of this chapter.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: M-1, PD-M

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

General requirements.

1. No medical facility, marijuana facility, or marijuana testing facility shall be operated within the City of Crestwood without a valid license issued by the Missouri Department of Health and Senior Services. No marijuana, marijuana-infused products, marijuana-infused preroll, or preroll shall be acquired, certified, conveyed with or without consideration, cultivated, delivered, dispensed, distributed, manufactured, processed, sold, stored, tested, or transported within the City of Crestwood, except by persons or entities licensed for such purposes by the Missouri Department of Health and Senior Services. All medical facilities, marijuana facilities, and marijuana testing facilities shall prominently display said license in a highly visible location, easily seen by patients on the dispensary's sales floor.

2. No person under the age of twenty-one (21) shall possess or consume marijuana or marijuana-infused products in the City of Crestwood unless such person is a qualifying patient under Article XIV of the Missouri Constitution. No marijuana, marijuana-infused product, preroll, or infused preroll may be smoked, ingested, or consumed in a public place, except those areas specifically designated by the owner or person/entity in control of such premises as being permitted for the smoking, ingestion, or consumption of marijuana or marijuana-infused products, preroll, or infused preroll, and where such smoking, ingestion, or consumption is otherwise lawful under Missouri law. No marijuana may be smoked in any place in which smoking tobacco is prohibited.

3. A medical facility, marijuana facility, or marijuana testing facility shall be operated in the manner provided by Article XIV, of the Missouri Constitution, regulations promulgated by the Missouri Department of Health and Senior Services, applicable State Statutes, and this section, including, but not limited to, those restrictions set forth in Article XIV, of the Missouri Constitution, Section 2.9(3) - (12), regarding packaging, marketing, display of products, security, and extraction. Failure to comply with any such restrictions required by Article XIV of the Missouri Constitution may result in reporting to DHSS, revocation of the entity's business license, and/or revocation of the entity's conditional use permit.

4. Medical facilities, marijuana facilities, and marijuana testing facilities shall annually obtain a business license from the City as required by Chapter 13 of this Code, and shall annually pay the applicable taxes and fees required by Chapter 13 of this Code.

5. Any person who violates this section is guilty of an offense and shall be assessed a penalty in accordance with § 1-6 of this Code. The City shall have the authority to maintain civil suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of this section. In addition to any other remedies, the City Attorney may institute an action for an injunction, mandamus or other appropriate action or proceeding to prevent violation of this section. Additionally, the City may notify appropriate officials at the Missouri Department of Health and Senior Services, or other law enforcement agencies, of violations of this section.

District regulations, conditional use permit required.

Licensed comprehensive marijuana dispensary facilities, microbusiness dispensary facilities, and medical marijuana dispensary facilities shall be permitted as a conditional uses in properties zoned C-1 or PD-C. Licensed comprehensive marijuana cultivation facilities, comprehensive marijuana-infused products manufacturing facilities, microbusiness wholesale facilities, medical marijuana cultivation facilities, medical marijuana-infused products manufacturing facilities and marijuana testing facilities shall be permitted as a conditional uses in properties zoned M-1 or PD-M. Marijuana facilities and medical facilities, as defined in Art. XIV, § 1.2(10), of the Missouri Constitution, shall not be permitted in any other zoning district within the City.

No medical facility, marijuana facility, or marijuana testing facility shall be initially sited within 500 feet of any then-existing elementary or secondary school, child day-care center, or church. Distances shall be measured in the manner described in Art. XIV, §§ 1.7(10)(a) and 2.5(4) of the Missouri Constitution.

No medical facility, marijuana facility, or marijuana testing facility shall be located on the same premises as a physician's office.

All marijuana sales, distribution, manufacturing, cultivation and testing facilities are subject to the following restrictions relating to hours of operation.

a. All sales or distribution of marijuana, marijuana-infused products, infused preroll, preroll and any other products sold to the public through a medical marijuana dispensary facility, comprehensive marijuana dispensary facility, or microbusiness dispensary facility, shall take place between the hours of 8:00 a.m. and 9:00 p.m., Sunday through Saturday. Medical marijuana dispensary facilities, comprehensive marijuana dispensary facilities, or microbusiness 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 may be present in such a facility at any time it is closed to the public.

b. All medical marijuana-infused products manufacturing facilities, medical marijuana cultivation facilities, comprehensive marijuana-infused products manufacturing facilities, comprehensive marijuana cultivation facilities, microbusiness wholesale facilities, and marijuana testing facilities shall be closed to the public between the hours of 7:00 p.m. and 7:00 a.m. No persons not employed by the business shall be on the premises at any time.

All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure. No outdoor storage shall be permitted on the property.

The review procedure for an application for a conditional use permit under this section shall be in the manner set forth in § 26-11 of this Code. The Board of Aldermen may impose such restrictions on the time, place, and manner of operation of such facilities as it deems appropriate for the protection of public health, safety, and welfare, and to ensure compliance with the Missouri Constitution, applicable statutes and regulations, and this section.

A separate conditional use permit shall be required for each premises used for a medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, comprehensive marijuana-infused products manufacturing facility, microbusiness dispensary facility, microbusiness wholesale facility, or a marijuana testing facility. No two medical marijuana cultivation facilities, medical marijuana dispensary facilities, medical marijuana-infused products manufacturing facilities, comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facilities, comprehensive marijuana-infused products manufacturing facilities, microbusiness dispensary facilities, microbusiness wholesale facilities, or marijuana testing facilities may be located within the same premises, except that a medical marijuana dispensary facility and a medical marijuana cultivation facility may be located on the same premises if both businesses are owned by the same entity. A comprehensive marijuana dispensary facility and a comprehensive marijuana cultivation facility or a comprehensive marijuana-infused products manufacturing facility may be located on the same premises if both businesses are owned by the same entity. A microbusiness marijuana dispensary facility and a microbusiness wholesale facility may be located on the same premises if both businesses are owned by the same entity.

A conditional use permit for a medical facility, marijuana facility, or marijuana testing facility is not transferable or assignable, including, without limitation, not transferable or assignable to a different premises, to a different type of business, or to a different owner or licensee, without the permission of the Board of Aldermen. A conditional use permit for a medical facility, marijuana facility, or marijuana testing facility is valid only for the owner(s) named thereon, the type of facility for which a conditional use permit has been granted, and the location for which the permit is issued.

An application for a conditional use permit for a medical facility, marijuana facility, or marijuana testing facility shall be filed with the Department of Public Services, with an application fee in an amount established by the Board of Aldermen. The Department of Public Services may provide forms to applicants for that purpose.

Signs.

1. A sign for a medical facility, marijuana facility, or marijuana testing facility shall comply with the requirements of Article VII (Sign Regulations) of this chapter, or any ordinance enacted hereafter regulating signs.

2. A sign for a medical facility, marijuana facility, or marijuana testing facility shall be located on the same premises as the facility.

Medical marijuana sale

Terms not expressly defined herein shall have the meaning set forth in the Missouri Constitution, Art. XIV, Section 1(2), enacted as Amendment 2(2018) to the Missouri Constitution and approved by Missouri voters on November 6, 2018, relating to access to medical marijuana, if defined therein.

MEDICAL MARIJUANA DISPENSARY FACILITY - A facility licensed by the Missouri Department of Health and Senior Services to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused products manufacturing facility.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C-1, PD-C

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

General requirements.

1. No medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall be operated within the City of Crestwood without a valid license issued by the Missouri Department of Health and Senior Services. No marijuana or marijuana-infused products shall be acquired, certified, cultivated, delivered, manufactured, processed, sold, stored, tested, or transported within the City of Crestwood, except by persons or entities licensed for such purposes by the Missouri Department of Health and Senior Services. All medical marijuana dispensaries, medical marijuana-infused products manufacturing facilities, medical marijuana cultivation facilities, and medical marijuana testing facilities shall prominently display said license in a highly visible location, easily seen by patients on the dispensary's sales floor.
2. No person shall possess or consume marijuana or marijuana-infused products in the City of Crestwood except qualifying patients. No qualifying patient shall consume marijuana in a public place, except public places where such consumption is expressly permitted by law.
3. A medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall be operated in the manner provided by Section 1 of Article XIV, Mo. Const., regulations promulgated by the Missouri Department of Health and Senior Services, applicable state statutes, and this section.
4. Medical marijuana cultivation facilities, medical marijuana dispensary facilities, medical marijuana-infused products manufacturing facilities, and medical marijuana testing facilities shall annually obtain a business license from the City as required by Chapter 13 of this Code, and shall annually pay the applicable taxes and fees required by Chapter 13 of this Code.
5. Any person who violates this section is guilty of an offense and shall be assessed a penalty in accordance with § 1-6 of this Code. The City shall have the authority to maintain civil suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of this section. In addition to any other remedies, the City Attorney may institute injunction, mandamus or other appropriate action or proceeding to prevent violation of this section. Additionally, the City may notify appropriate officials at the Missouri Department of Health and Senior Services, or other law enforcement agencies, of violations of this section.

District regulations, conditional use permit required.

1. A licensed medical marijuana dispensary facility shall be permitted as a conditional use in properties zoned C-1 or PD-C. A licensed medical marijuana cultivation facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall be permitted as a conditional use in properties zoned M-1 or PD-M. A medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall not be permitted in any other zoning district within the City.
2. No medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall be located within 500 feet of any then-existing elementary or secondary school, child day-care center, or church.
3. No medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall be located within 1,000 feet of another medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility.
4. No medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall be located on the same premises as a physician's office.
5. All medical marijuana sales, distribution, manufacturing, cultivation and testing facilities are subject to the following restrictions relating to hours of operation.
a. All sales or distribution of medical marijuana and any other products sold to the public through a medical marijuana dispensary shall take place between the hours of 8:00 a.m. and 9:00 p.m., Sunday through Saturday. Medical marijuana dispensaries shall be secured and closed to the public after the hours listed in this subsection, and no persons not employed by the medical marijuana dispensary may be present in such a facility at any time it is closed to the public.
b. All medical marijuana-infused products manufacturing facilities, medical marijuana cultivation facilities, and medical marijuana testing facilities shall be closed to the public between the hours of 7:00 p.m. and 7:00 a.m. No persons not employed by the business shall be on the premises at any time.
6. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure. No outdoor storage shall be permitted on the property.
7. The review procedure for an application for a conditional use permit under this section shall be in the manner set forth in § 26-11 of this Code. The Board of Aldermen may impose such restrictions on the time, place, and manner of operation of such facilities as it deems appropriate for the protection of public health, safety, and welfare, and to ensure compliance with the Missouri Constitution, applicable statutes and regulations, and this section.
8. A separate conditional use permit shall be required for each premises used for a medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or a medical marijuana testing facility. No two medical marijuana cultivation facilities, medical marijuana dispensary facilities, medical marijuana-infused products manufacturing facilities, or a medical marijuana testing facility may be located within the same premises, except that a medical marijuana dispensary facility and a medical marijuana cultivation facility may be located on the same premises if both businesses are owned by the same entity.
9. A conditional use permit for a medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility is not transferable or assignable, including, without limitation, not transferable or assignable to a different premises, to a different type of business, or to a different owner or licensee, without the permission of the Board of Aldermen. A conditional use permit for a medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility is valid only for the owner(s) named thereon, the type of facility for which a conditional use permit has been granted, and the location for which the permit is issued.
10. An application for a conditional use permit for a medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall be filed with the Department of Public Services, with an application fee in an amount established by the Board of Aldermen. The Department of Public Services may provide forms to applicants for that purpose.

Signs.

1. A sign for a medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall comply with the requirements of Article VII (Sign Regulations) of this chapter, or any ordinance enacted hereafter regulating signs.
2. A sign for a medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall be located on the same premises as the facility.

Mixed use (apartment over commercial/service)

A residential use in a building designed primarily for street level retail, service, or employment uses, and where dwelling units are accommodated on upper stories, or otherwise separated from the principal commercial function of the building.

Office - general

An employment use focusing on the administrative and management aspects of business or professional services, typically does not have a high rate of exchange with the general public, consumers, or patrons, but may involve regular interaction with clients or other business activities. This use type is broken into the following subclasses based on scale and intensity. An office use where the total gross leasable area is at least 10,000 square feet, and may include more than one building.

Office - Home-based business

An office use entirely within an owner-occupied residential dwelling and/or its accessory structures, when such activities are clearly incidental or subordinate in use to the dwelling and may involve limited on-premises interaction with customers. Such uses include office facilities for architects, engineers, lawyers, realtors, insurance agents, brokers and members of similar professions operating as sole practitioners; office facilities for ministers, rabbis, priests; and office facilities for salesmen, sales representatives, manufacturers' representatives, when no retail or wholesale sales are made or transacted on the premises or where no warehousing occurs.

Office - limited

An employment use focusing on the administrative and management aspects of business or professional services, typically does not have a high rate of exchange with the general public, consumers, or patrons, but may involve regular interaction with clients or other business activities. This use type is broken into the following subclasses based on scale and intensity. An office use where the total gross leasable area is less than 10,000 square feet.

Open/civic space

Areas preserved as primarily open land, except for accessory structures, and designed to serve a specific urban design function for natural, ecological, aesthetic, recreational or formal gathering purposes. This use includes parks, subdivision open space or common ground and buffers, trails, plazas associated with planned developments and government buildings, and other public spaces.

Recreation - indoor, general (10,000 or more)

A service use providing daily or regularly scheduled activities for entertainment, instruction, or exercise inside a building and open to the general public or through membership. This use type is broken into subclasses based on scale and intensity. Indoor recreation that involves a building 10,000 square feet or more. Examples include a large bowling alley, sports and recreation center, theater complex, large health club, or shooting range.

Recreation - indoor, limited (less than 10,000)

A service use providing daily or regularly scheduled activities for entertainment, instruction, or exercise inside a building and open to the general public or through membership. This use type is broken into subclasses based on scale and intensity. Indoor recreation that involves a building less than 10,000 square feet. Examples include a small bowling alley, fitness club, billiard hall, martial arts centers, yoga studio, or dance studio.

Recreation - outdoor, general

A service use providing daily or regularly scheduled activities for entertainment, recreation, or exercise outside and is open to the general public or through membership. This use includes accessory buildings for the transaction of business and accessory indoor services. This type is broken into "limited" and "general" based on the scale and intensity of the use. Examples include theme park, water park, fairground, zoo, drive-in theater, shooting range, skeet and trap range, racetrack.

Recreation - outdoor, limited

A service use providing daily or regularly scheduled activities for entertainment, recreation, or exercise outside and is open to the general public or through membership. This use includes accessory buildings for the transaction of business and accessory indoor services. This type is broken into "limited" and "general" based on the scale and intensity of the use. Examples include driving range, miniature golf, golf course, swimming pool, tennis, batting cage, small band shell, or amphitheater.

Residential care - general

A facility providing long-term care, health services, and residency that admits residents on medical referral, and where medical, behavioral, and rehabilitative care is necessary beyond normal business hours. Examples include nursing homes, hospice home, or other similar care facilities.

Residential care - institutional

A facility offering short- or long-term care for individuals residing on the site that need a high degree of services or monitoring, and where full-time staff are present on the premises at all times, and where the building(s) and site design emphasize the institutional function secondary to the residential accommodations. Examples include treatment centers, homeless shelters, or other facilities with a high intensity of care or supervision.

Residential care - limited

A facility providing residential living, social programs, and limited health care services for residents; where the social and health care services are accessory to the building(s) and site design emphasizing household living; where the social programs and health care services are limited accessory elements in terms of the function and extent; and where dedicated staff are present primarily during normal business hours. Examples include co-housing, retirement village, independent living, or assisted living apartment communities.

Restaurant - bar/tavern

An area primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

Restaurant - general

A food and beverage retail use that typically includes seating for 100 or more patrons and may include accessory off-premises consumption through carry-out or drive-through services, and may also include limited areas dedicated to consumption of alcoholic beverages and/or accessory indoor entertainment.

Restaurant - limited

A small-scale food and beverage retail use that typically includes seating for under 100 patrons and may include accessory off-premises consumption through carry-out services.

Restaurant - micro/mobile

A food and beverage retail use that utilizes any motorized or nonmotorized vehicle, trailer, or other device designed to be small-scale and portable and not permanently attached to the ground for preparing and selling food and beverages for on- or off-premises consumption.

Restaurant - microbrewery/microdistillery/winery

A food and beverage retail use where beer, wine, alcohol, or similar beverage is brewed and fermented on the premises; includes tasting or consumption on the premises; and is packaged for retail sales and distribution for consumption off of the premises. Production is limited to 10,000 barrels per year for beer, 15,000 gallons per year for alcohol, and 2,000 barrels per year for wine.

Retail - general

A retail use at least 8,000 square feet, but less than 50,000 square feet.

Retail - large

A large-scale retail use at least 50,000 square feet, but less than 100,000 square feet.

Retail - limited

A small-scale retail use less than 2,500 square feet.

Retail - outdoor sales, general

A retail use where the primary business, while operated out of a permanent building on-site, is associated with merchandise that can only be displayed or permanently stored outdoors year-round. Examples include a nursery, a lumberyard, machine or equipment sales or rentals, or vehicle sales or rentals.

Retail - outdoor sales, limited

The accessory display and sale of merchandise on a dedicated exterior area of a site associated with an otherwise permitted nonresidential use, where merchandise may be kept outdoors or where a portion of the site or area is designed and dedicated to facilities to support the display and sale, and where the primary business is conducted with an adjacent building. Examples include a garden center, lumber sales, or holiday event sale associated with retail uses.

Retail - outdoor sales, temporary

The limited accessory display of merchandise on a sidewalk or an exterior private area adjacent to the building housing the otherwise permitted nonresidential use. The display is further limited by the following

Retail - small

A small-scale retail use at least 2,500 square feet, but less than 8,000 square feet.

Retail - used

A retail use where more than 50% of the inventory is on consignment, has been donated, or bought from customers at a lower rate, including, but not limited to, antique shops, used household-type appliance stores, used bookstores, used merchandise thrift shops, and used clothing stores.

Retail - warehouse

A large-scale retail use at least 100,000 square feet.

Row house (three to eight units; two- to three-story)

A multiunit residential building designed for three to eight dwelling units within an urban and sometimes suburban development context. Row houses abut one another sharing a common wall. These units are conjoined; however, each unit has its own private entry. Units may be on a single lot subject to common ownership restrictions or platted on separate lots along the common wall with individual ownership of the unit.

Service - general

A service use providing professional or individual services and where frequent interaction with the general public, consumers, or patrons occurs on the premises. This use type is broken into subclasses based on scale and intensity. A service use where the gross leasable area is at least 2,500 square feet. Examples include a large spa or beauty complex, child-care center, large bank, equipment repair shop, tattoo shop, a copy center, large post office or mail center, or laundromat.

Service - home-based business

Service - limited

A service use providing professional or individual services and where frequent interaction with the general public, consumers, or patrons occurs on the premises. This use type is broken into subclasses based on scale and intensity. A personal service use where the gross leasable area is under 2,500 square feet. Examples include a neighborhood barbershop or hair salon, a small professional office (lawyer, accountant, or travel agent), small bank, small child-care center, dry cleaners, or tailor.

Sexually oriented businesses and massage businesses

"Sexually oriented business" is an inclusive term used to describe collectively: adult cabaret; adult motion-picture theater; adult media store; and/or sex shop which has as a primary purpose the sale, display or rental of goods that are designed for use in connection with specified sexual activities or that emphasize matters depicting, describing or relating to specified sexual activities or specified anatomical areas or has one of the following as a primary business purpose:

a. The provision of entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display specified anatomical areas or specified sexual activities; or
b. The provision of nonmedical services related to specified sexual activities or specified anatomical areas.

A "massage establishment" is any establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or applied with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparation commonly used in this practice.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C-1, M-1

Development Requirements:
Sexually oriented businesses and massage businesses are subject to the provisions of Chapter 13, Article II, Division 6, of the Crestwood Municipal Code.

Where permitted.
The uses as defined above are permitted in the C-1 and M-1 Zoning Districts, but are subject to the further location restrictions as provided for in Chapter 13, Article II, Division 6, § 13-173, and are further subject to the requirements of Article III (Applications and Procedures), § 26-11 (Conditional use permit), and § 26-13 (Minor site plan), of this chapter to ensure compliance with the requirements of Chapter 13, Article II, Division 6, of the Crestwood Municipal Code.

Where not permitted.
The uses provided for in this section are not permitted in any planned development district as provided for in Article III (Applications and Procedures), § 26-10 (Planned development), of this chapter created after the date of adoption of this chapter.

Storage and warehousing - indoor, general

Storage of commercial products inside a large building where regular shipments and distribution will occur by commercial vehicles. Examples include large warehouses, or distribution and processing centers.

Storage and warehousing - indoor, limited

Storage of consumer products or small-scale commercial products inside a small commercial building where only ordinary traffic and little or no truck traffic occurs. Examples include mini warehouses and self-storage facilities.

Storage and warehousing - outdoor

Storage of consumer commercial products or large-scale machinery on an outdoor lot. Examples include contractor's yard, mini storage warehouses, boat or RV storage, towing service storage yard, or similar large-scale storage lots and facilities.

Storage and warehousing - outdoor, junkyard

An outdoor storage use where discarded or inoperable items are stored for sale, salvage, or further processing as waste or other by-products.

Telecommunication towers and facilities

As defined in Article XII, § 26-77B of this chapter. Any term not expressly defined therein shall have the meaning set forth in Sections 67.5090 through 67.5104, RSMo.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C-1, M-1, PD-C, PD-M, PD-MXD, PD-R, R-1, R-2, R-3, R-4, R-5

Development Requirements:
Purposes. The purposes of these regulations are to regulate the placement and construction of wireless communications facilities and support structures in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City. Specifically, this section is intended to:

1. Provide for the appropriate location and development of wireless communications infrastructure to serve the citizens and businesses of the City;
2. Minimize adverse visual impacts of wireless facilities and support structures through careful design, siting, landscape screening and innovative camouflaging techniques;
3. Ensure that any new support structure is located in an area compatible with the neighborhood or surrounding community to the extent possible;
4. Encourage the use of disguised support structures so as to ensure the architectural integrity and the scenic qualities of areas within the City;
5. Ensure that regulation of wireless facilities does not have the effect of prohibiting the provision of personal wireless services and does not unreasonably discriminate among providers of functionally equivalent services; and
6. Comply with applicable law, including the Federal Telecommunications Act of 1996, 47 U.S.C. § 332, and the Missouri Uniform Wireless Communications Infrastructure Deployment Act, Section 67.5090, RSMo., et seq.

General requirements. The requirements set forth in this section shall be applicable to all wireless facilities, wireless support structures cabinets and shelters installed, built or modified after January 1, 2018, to the full extent permitted by law.

1. Principal or incidental use. Wireless facilities and wireless support structures may be either a principal use in all zoning districts or an accessory use to existing multifamily, institutional or nonresidential uses, subject to any applicable zoning district requirement relating to location or setback.
2. Building codes, safety standards and zoning compliance. To ensure the structural integrity of wireless facilities and wireless support structures, such facilities and support structures shall be constructed and maintained in compliance with all standards contained in any state or local building code, National Electric Safety Codes, as amended from time to time. In addition to any other approvals required hereunder, no wireless facilities and wireless support structures shall be erected prior to the issuance of a building permit.
3. Regulatory compliance. All wireless facilities and wireless support structures shall meet or exceed current standards and regulations of the FAA, FCC and any other governmental agency with the authority to regulate such facilities and support structures. Should such standards or regulations be amended, then the owner shall bring such facilities and support structures into compliance with the revised standards or regulations within six months of the effective date of the revision, unless an earlier date is mandated by the controlling agency.
4. Security. All wireless facilities and wireless support structures shall be protected from unauthorized access by appropriate security devices. A description of proposed security measures shall be provided as part of any application to install, build or modify wireless facilities and wireless support structures. Additional measures may be required as a condition of the issuance of a building permit or administrative permit as deemed necessary by the Director or the Board of Aldermen in the case of a conditional use permit.
5. Lighting. Wireless facilities and wireless support structures shall not be lighted unless required by the FAA or other governmental agency with authority to regulate. In such case, a description of the required lighting scheme shall be made a part of the application to install, build or modify the wireless facilities or wireless support structures.
6. Advertising. Unless a wireless facilities and/or wireless support structure is disguised in the form of an advertising device, such as a pylon sign or similar structure, the placement of advertising on support structures, cabinets or shelters regulated by this section is prohibited.
7. Design.

a. Wireless facilities and wireless support structures, except disguised support structures shall maintain a galvanized steel finish or, subject to the requirements of the FAA and/or any applicable governmental agency, be painted a neutral color consistent with the natural or built environment of the site.
b. Wireless facilities other than antennas shall have an exterior finish compatible with the natural or built environment of the site and shall also comply with such other reasonable design guidelines as may be required by the City.
c. Wireless facilities mounted on a building or a disguised support structure shall be of a color identical to or closely compatible with the surface to which they are mounted and should be made to appear as unobtrusive as possible by location as far away as feasible from the edge of a building. Wireless facilities and wireless support structures mounted on the ground shall not exceed 100 feet in height, except as provided in Subsection F3 of this section. Wireless facilities installed on a building shall not exceed 20 feet from the highest point of the building, other than for licensed amateur radio uses.
d. Wireless facilities, wireless support structures and cabinets mounted on the ground shall be surrounded by a landscape strip of not less than 10 feet in width and planted with materials which will provide a visual barrier to a minimum height of six feet at the time of installation. Such landscape strip shall be exterior to any security fencing. In lieu of the required landscape strip, a minimum six-foot-high decorative fence or wall may be approved by the Director of Public Services in the case of an application for a building permit or administrative permit, or by the Board of Aldermen in the case of a conditional use application, upon demonstration by the applicant that an equivalent degree of visual screening is achieved.
e. All wireless support structures shall be separated from any single- or two-family residential structure a distance equal to the height of the wireless support structures. Wireless support structures on parcels adjacent to residentially zoned property shall meet the setbacks of the applicable zoning districts required for a principal structure along the adjoining property line(s). Where adjacent to nonresidential zoned property, wireless support structures shall maintain setbacks as are required for accessory structures in such district.
f. Ground anchors of all guyed wireless support structures shall be located on the same parcel as the wireless support structures and meet the setbacks of the applicable zoning district.
g. Vehicle or outdoor storage on any of the site of any wireless facility or wireless support structure is prohibited.
h. On-site parking for periodic maintenance and service shall be provided at all locations as deemed necessary by the Director of Public Services or by the Board of Aldermen in the case of a conditional use permit.

8. Time limits. All applications regarding wireless facilities and wireless support structures shall be processed in accordance with the time limits established by Sections 67.5090 through 67.5103, RSMo.
9. Fees. Fees for applications regarding wireless facilities and wireless support structures shall not exceed the limits established by Sections 67.5090 through 67.5103, RSMo.
10. New wireless support structure/substantial modification. Prior to the issuance of a building permit, administrative permit, or a conditional use permit, the City shall require an applicant proposing to construct a new wireless support structure, or to make a substantial modification to a wireless support structure, to include a copy of a lease, letter of authorization, or other agreement from the property owner evidencing the applicant's right to pursue the application and shall require such applicant to comply with all applicable permitting and land use ordinances of the City. Any decision denying such application shall be provided in writing to the applicant. With regard to an application for a new wireless support structure, the applicant shall provide to the City a statement affirming that it conducted an analysis of available collocation opportunities on existing wireless towers within the same search ring defined by the applicant, solely for the purpose of confirming that an applicant undertook such an analysis.

Permitted use. The placement of the following is permitted in all zoning districts by issuance of a building permit by St. Louis County:

1. Collocation and replacement applications, provided that no permit may be issued for collocation to a certified historic structure as defined in Section 253.545, RSMo., until at least one public hearing has been held by the Director of Public Services within 30 days prior to issuance. The Director of Public Services shall post public notice of such hearing in a prominent location at the City Government Center at least 15 days in advance of such hearing and shall provide written notice to all property owners within the City limits whose property lies within 300 feet of the parcel for which an application has been submitted. Collocation and replacement applications shall be required to comply with all applicable state and local building codes, National Electric Safety Code, recognized industry standards for structural safety, capacity, reliability, and engineering, but shall not be required to comply with other zoning or land use requirements, including design or placement requirements or public hearing review.
2. The mounting of antennas on any building or structure such as a water tower, provided that the presence of the antennas is concealed by architectural elements or camouflaged by painting a color identical to the surface to which they are attached.
3. The installation of antennas or the construction of a wireless facility or wireless support structure on buildings or land owned by the City following the approval of a lease agreement by the Board of Aldermen.
4. The installation of antennas or the construction of a wireless facility or wireless support structure on buildings or land owned by the state or any agency of the federal government.

Administrative permit required. An administrative permit issued by the Director of Public Services is required as set forth below:

1. Permitted placement. The placement of the following is permitted in all zoning districts upon issuance of an administrative permit approved by the Director of Public Services:

a. The construction of a disguised support structure, provided that all related equipment shall be placed underground when the structure is located on property zoned for residential use. Equipment may be placed in a cabinet if the disguised support structure is incidental to a multifamily, institutional, or nonresidential use.
b. The installation of wireless facilities or the construction of a wireless support structure on buildings or land owned by a political subdivision of the state.
c. The placement of dual solar panel antennas on wooden or steel utility poles, not to exceed 40 feet in height, provided that all related equipment is contained in a cabinet.
d. Wireless support structures erected and maintained for a period not to exceed 30 days for the purpose of replacing an existing tower, testing an existing or proposed network, or special events requiring mobile towers.

2. Application procedures.

a. Applications for administrative permits shall be made on the appropriate forms to the Director of Public Services, accompanied by payment of the prescribed fee.
b. A detailed site plan, based on a closed boundary survey of the host parcel, shall be submitted indicating all existing and proposed improvements, including buildings, drives, walkways, parking areas and other structures, public rights-of-way, the zoning categories of the subject and adjoining properties, the location of and distance to off-site residential structures, required setbacks, required buffer and landscape areas, hydrologic features, and the coordinates and height above ground level of the existing or proposed wireless facility and/or wireless support structure.
c. The application shall be reviewed by the Director of Public Services to determine compliance with the applicable standards and transmit the application for review and comment by other City departments as may be affected by the proposed wireless facilities and/or wireless support structures.
d. The Director of Public Services shall issue a decision on the permit within the applicable time limits. The Director of Public Services may consider the purposes of this section and the factors established herein for granting a conditional use permit as well as any other considerations consistent with this section and applicable law. A decision to deny an application shall be made in writing, and state the specific reasons for the denial.

Conditional use permit required. All proposals to install, build or modify a wireless facility or wireless support structure not covered under § 26-77D or E, above, shall require the approval of the Board of Aldermen by conditional use permit following receipt of recommendation by the Planning, Zoning, and Architectural Review Commission and a duly advertised public hearing by the Board of Aldermen.

1. Applications for a conditional use permit shall be filed and processed in the manner and time frame as established under the zoning code and, if applicable, Sections 67.5090 through 67.5103, RSMo.
2. The review procedure for an application for a conditional use permit under this section shall be in the manner set forth in Article III (Applications and Procedures), § 26-11 (Conditional use permit), of this Code. A decision by the Board on an application shall be accompanied by substantial evidence supporting the decision, which shall be made a part of the written record of the meeting at which a final decision on the application is rendered.
3. No wireless support structure shall be approved in excess of 100 feet in height unless the applicant clearly demonstrates that such height is required for the proper function of the applicant's system or that of a public safety communications system of a governmental entity sharing the support structure. Such showing must also be supported by the opinion of a telecommunications consultant hired by the City at the expense of the applicant. The report of the consultant shall include a statement that no available alternatives exist to exceeding the height limitation or the reason why such alternatives are not viable.

Removal of antenna support structures. Any wireless facility or support structure no longer used for its original communications purpose shall be removed at the owner's expense. The owner and applicable co-users shall provide the City with a copy of any notice to the FCC of intent to cease operations and shall have 90 days from the date of ceasing operations to remove the facility and/or support structure. In the case of co-use, this provision shall not become effective until all users cease operations. Any wireless support structure, or the upper portion of any wireless support structure, which is occupied by an inactive antenna for a period of six months shall be deemed a nuisance and shall be removed by the City at the owner's expense.

Filing of bond or other security prior to permit issuance. To the extent permitted by law, any applicant for a new wireless facility or wireless support structure not built as a disguised support structure shall file with the City a bond or other security satisfactory to the City prior to the issuance of any permit hereunder to ensure that such structure does not become unsafe or otherwise fail to comply with the requirements of this section, including without limitation, failure to remove such structure as required pursuant to Subsection G of this section, or any other applicable regulations. The bond or security shall be in the form approved by the Director of Public Services, in an amount not less than $15,000, or such additional amount as is determined by the Director of Public Services to protect the City in the event of noncompliance with the requirements hereof.

Unlawful operation of wireless facilities or support structures. Notwithstanding any right that may exist for a governmental entity to operate or construct a wireless facility or support structure, it shall be unlawful for any person to erect or operate for any private commercial purpose any new wireless facility or support structure in violation of this section, regardless of whether such facility or support structure is located on land owned by a governmental entity.

Vehicle service/repair - general

A service use engaged in equipment and motor vehicle maintenance and repair services, and accessory retail sale of supplies and accessories that involves four or more vehicle service bays, where all work and storage of equipment and supplies occurs indoors, but where on-site or overnight storage of vehicles may involve nine or more cars on the lot. Examples include large mechanic shop, lubricant center, tire store, auto glass installation, or audio or alarm installation; or an auto body shop where the likelihood of overnight storage, outdoor storage, and overnight or multiday drop off is more likely.

Vehicle service/repair - heavy

A service use engaged in the maintenance and repair of motor vehicles, commercial vehicles, or heavy equipment, and accessory retail sale of supplies and accessories, that is likely to involve larger outdoor storage areas for vehicles and supplies, and where larger multibay garages or warehouses are needed to conduct services.

Vehicle service/repair - limited

A service use engaged in motor vehicle maintenance and repair services, and accessory retail sale of supplies and accessories, but limited to small-scale operations that involve no more than three vehicle service bays, and where all work and storage of equipment and supplies occurs indoors, and where on-site or overnight storage of vehicles is limited to no more than eight cars on the lot. Examples include a small neighborhood mechanic shop, lubricant center, tire store, auto glass installation, or audio or alarm installation.

Walk-up apartment (three to 12 units; two- to three-story)

A small-scale, multiunit residential building designed on a small or moderate-sized lot in a compact walkable neighborhood or mixed-use setting. The building is accessed by a common lobby entrance at building frontage, and arranged to integrate into the block structure of a neighborhood.

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