City of Crestwood

Access and parking Intent and applicability.
A. Intent. The provisions of this article are intended to provide for adequate off-street parking within all of the zoning districts within the City in order to ensure appropriate and safe traffic circulation, access for emergency services vehicles, and appropriate levels of off-street parking for residential, commercial, and industrial areas that ensure the safety of residents, patrons, and workers.

B. Applicability. For every use, activity or structure permitted by this chapter and for all buildings or structures erected in accordance therewith, there shall be provided sufficient space for access and off-street standing, parking, circulation, unloading and loading of motor vehicles that may be expected to transport its occupants, whether as patrons, residents, customers, employees, guests or otherwise, to an establishment, activity or place of residence at any time under normal conditions of any purpose. When a use is expanded, accessory off-street parking and loading shall be provided in accordance with the regulations herein for the area or capacity of such expansion, and including that which would be required for the previously existing uses, structures or activity.

Site plan required.
Every building permit application for a new, enlarged, or remodeled building, structure, or use, other than a single-family residence, shall include therewith a parking site and landscape plan. In addition, such parking site and landscape plan requirements shall also apply to new, enlarged, or remodeled parking facilities serving existing buildings, structures, or uses. Approval of such a plan shall include, for review and approval by the Planning Commission, any and all existing parking facilities currently serving the buildings, structures and uses for conformity with these regulations as well.

A. Parking plan requirements. In addition to the requirements of Article III (Applications and Procedures), § 26-12 (Major site plan and design review) or § 26-13 (Minor site plan), the plan shall also specifically include the following: see § 26-26A for a detailed list.

Design requirements.
The following design requirements are applicable to all off-street parking areas.

A. Surface material. Areas used for standing and maneuvering of vehicles shall have concrete or asphaltic concrete surfaces, and be maintained adequately for all-weather use.

B. Access to parking areas. All off-street parking spaces, except for single-family residential uses, that make it necessary to back out directly into a public road are prohibited. Also, no driveway or parking areas of an industrial, commercial, or multiple-family use that will lie adjacent to a one- or two-family use or zoning district shall be located closer than 10 feet to the common property line.

C. Access near street corners. No entrance or exit for any off-street parking area with over four parking spaces, nor any loading berth, shall be located within 75 feet of the intersection of any two street right-of-way lines.

D. Drainage. All off-street parking areas shall be drained so as to prevent drainage onto abutting properties or across sidewalks.

E. Lighting. Any lighting fixtures used to illuminate any off-street parking area shall be so arranged as to reflect the light away from any adjoining residential lot, institutional premises, or adjacent streets and shall comply with the provisions of Article V, § 26-23 (Site lighting), or within the Watson Road Overlay Area, the provisions of Article IV (Zoning Districts and Use Standards), § 26-18 (Watson Road Overlay Area), Subsection E2k (Development requirements, guidelines and standards; Site design; Lighting).

F. Setback.

1. All required parking spaces may be located in a required front yard, side yard or rear yard, provided, that a minimum five-foot setback shall be maintained between the parking space(s) and any property line; however, in no instance shall a parking lot be located in a required landscape buffer. [See Article V (Site and Landscape Design Standards), § 26-21 (Landscaping Design Standards).]

2. Exception. Where the proposed parking area will be located within the side yard or front yard adjacent to a C-1 or M-1 zoned property and where internal access will be provided between the two properties, the five-foot setback requirement shall not apply.

3. Note: Within the Watson Road Overlay Area, other provisions of Article IV, § 26-18, may apply.

G. Striping required. Parking spaces for multiple-family dwellings (containing three or more dwelling units) and nonresidential uses shall be delineated by pavement striping and must meet minimal parking stall sizes as described below in Subsection H of this section.

H. Minimum off-street parking space dimensions. The regulations of this subsection shall govern the dimensions of off-street parking spaces, including those provided in developments approved in planned districts or by special procedure. Except as otherwise provided for in this subsection, all uses, except for single-family residential, shall comply with the following parking requirements in Table 26-27A .

Administrative provisions and special requirements. See § 26-28: Administrative provisions and special requirements for detailed information.

Schedule of required parking and loading spaces. See § 26-29: Schedule of required parking and loading spaces for details.
Alternative parking plans. See § 26-30: Alternative parking plans for detailed information.

Access regulations

1. Access to business and industrial district. No land which is located in a residential district shall be used for a major access route to any land which is located in any business or industrial district; provided, however, that this section shall not prohibit pedestrian walks and driveway connections between residential districts and neighborhood shops when incorporated as a part of a mixed-use development district.
2. Street access. All lots shall abut a street other than an alley.

Accessory buildings and structures
Accessory buildings or structures must conform to all provisions of this chapter. On a corner lot, accessory buildings and structures cannot be located in a required front or side yard.

1. Timing.

a. No accessory building or structure shall be used prior to the principal building or use, except as a construction facility for the principal building.
b. Plans for the principal building must be submitted within six months of construction of an accessory building or structure to be used as a construction facility. If additional time is needed. reapplication can be made and approved administratively where the contractor is proceeding in good faith and encounters unanticipated delays or complications.

2. Attached accessory buildings. Any accessory building which is structurally attached to the principal building of a lot shall be considered part of the principal building and shall comply with all provisions of this chapter pertaining thereto.

3. Detached garages.

a. Height. No detached garage shall be higher than the principal building or 15 feet, whichever is lower, as measured from the ground to the highest point of the structure. In addition, no detached garage shall have an exterior wall height in excess of 10 feet as measured from the ground to the top of the wall.
b. Yard and area requirements. No detached garage shall be erected in any required front or side yard. Detached garages may be located in the rear yard, but shall not occupy more than 30% of the rear yard area. No detached building or structure may be erected closer than five feet to the rear lot line, nor closer to the side lot line than the required minimum side yard setback of the district. In addition, any detached garage must be at least 10 feet away from the primary structure.
c. Erection and use. No accessory building shall be constructed upon a lot until the construction of the main building has been commenced. No detached garage shall be used for dwelling purposes.
d. Architectural compatibility. All detached garages must be of an architectural composition and style which is compatible with the main structure located on the premises.

4. Other accessory structures or outbuildings.

a. Height. No detached accessory structure or outbuilding shall be higher than the principal building or 10 feet.
b. Yard and area requirements. No detached accessory building or structure shall be erected in any required front or side yard. A detached accessory building may be located in the rear yard, but shall not occupy more than 30% of the rear yard area. No detached building or structure may be erected closer than five feet to the rear lot line nor closer to the side lot line than the required minimum side yard setback of the district.
c. Erection and use. No accessory building shall be constructed upon a lot until the construction of the main building has been commenced. No accessory building shall be used for dwelling purposes.
d. No detached accessory building shall be erected within the City unless a permit has been issued by the Director of Public Services or his or her designee.

(1) An application for such permit shall be filed along with a site plan containing the following information:

(a) The address of the property.
(b) The name of all streets bounding the property.
(c) The size and location of all buildings on the property, as dimensioned from the property lines.
(d) The location of the proposed detached accessory building, as dimensioned from the property lines.
(e) The location of the driveways and parking areas.
(f) A description of the adjacent properties.
(g) A North arrow.
(h) A drawing scale.

(2) The application and/or site plan shall clearly show the location of the detached accessory building to be erected and the material which is to be used. Denial of a permit for the erection of a detached accessory building shall be subject to review by the Board of Adjustment. No permit shall be required to repair an existing detached accessory building.

5. Carports.

a. Code requirements. Carports are subject to the requirements for attached or detached structures except as otherwise provided for in this section.
b. Carport storage restrictions. It is unlawful to store within a carport any construction material, indoor furniture/appliances, or waste material of any kind, except in approved waste receptacles. Any storage which would render the area unclean or unsafe is prohibited. Orderly storage of outdoor equipment, such as patio furniture, lawn care equipment, outdoor recreation/sport equipment, grills, or firewood is acceptable. Storage of additional items is permitted within enclosed portions of the carport or within plastic, wood, or metal storage containers. It is the duty of the occupant and property owner to ensure that the carport is maintained in a safe and sanitary condition.

6. Other prohibited structures and items. Notwithstanding any other provision of the Code to the contrary, the following are prohibited in the front yard: swing sets, batting cages, trampolines, playgrounds, forts, tree houses, inflatable bounce houses, playhouses, and indoor furniture/appliances/fixtures. However, such items that are securely fastened, anchored, or affixed to the ground or a tree located in a front yard as of the effective date of this chapter may remain as a nonconforming building or structure, subject to the regulations of Article IV (Zoning Districts and Use Standards), § 26-19 (Nonconforming situations), of this chapter. Notwithstanding the foregoing, inflatable bounce houses may be erected in a front yard for a temporary period not to exceed 72 hours at a time; provided, however, that no inflatable bounce houses may be erected in a front yard on a particular parcel for more than seven days in a calendar year in the aggregate. For purposes of this subsection only, any area in front of the front building line of the principal building on a parcel shall be considered a front yard.

7. On-site residential unit accessory to self-storage facilities.

a. Notwithstanding any other provision of this Code to the contrary, one (1) on-site residential unit may be authorized as a conditional accessory use to any self-storage facility permitted in an M-1, Light Industrial District.
b. An on-site residential unit shall only be permitted as an accessory use upon the approval of a conditional use permit according to the procedure set forth in Section 26-11 of this Chapter.
c. An on-site residential unit may only be occupied by an employee of the operator of the self-storage facility whose job description requires that employee to be on-site during night hours, as well as members of that employee's immediate family to the first degree of consanguinity.
d. An on-site residential unit shall be subject to re-occupancy permit requirements set forth in Article V, Sections 7-122 through 7-131.
e. On-site residential units must comply with other applicable provisions of this Code, including, but not limited to, Chapter 7, Buildings and Building Regulations, and Chapter 9, Fire Prevention and Protection.

Area regulations; maximum lot coverage calculation
In computing the amount of lot coverage, the amount of coverage shall include the total area of all principal and accessory buildings as measured along the outside wall at ground level or above as viewed from above and includes all projections other than open porches, fire escapes, canopies, or the first three feet of a roof overhang. Roads, driveways, parking lots, and swimming pools shall not be included in maximum lot coverage requirements.

Child-care centers/preschools in residential districts
In residential districts, including PD-R districts and PD-MXD districts in which residential uses have been authorized, child-care centers, nursery schools, pre-primary schools, and day care schools may be permitted as an accessory use to any authorized nonresidential permitted or conditional use allowed in such district under the following conditions:

1. No more than thirty (30) children may be under the care and supervision of the facility at any one time.
2. Hours of operation shall be limited to those between 6:00 A.M. to 7:00 P.M.

Child-care centers, nursery schools, pre-primary schools, and day care schools which do not adhere to these limitations may be allowed in the above-described residential districts as a conditional use, subject to the provisions of Article III, § 26-11 (Conditional Use Permit).

Computations of time
The following rules apply to any computation of time, unless a specific section of these regulations indicates otherwise:

1. The day the act commences shall not be counted.
2. The last day of the time period shall be included unless it is a Saturday, Sunday, or legal City holiday, in which case the next working day shall end the time period.
3. Whenever any time period is expressed for a formal submittal to the City, the time period shall end at 4:00 p.m. on the last day of that time period.
4. Any time period expressed in years shall include a full calendar year from the act that commences the time period.
5. The time period legally required by law for public notices shall include all calendar days, unless specified otherwise by law.
6. Unless otherwise specifically provided, whenever a person has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him/her and the notice or paper is served by mail, three days shall be added to the prescribed period.

Conflicts
In case of a conflict between these regulations and any other adopted regulation of the City, the more restrictive standard shall apply. In making a determination of which standard is more restrictive, the administrative official may consider which is more specific; which is more consistent with the Comprehensive Plan; which is more consistent with the purposes, intent, and objectives of these regulations; and which best promotes public health, safety, and welfare.

Drive-in or drive-through establishments
1. Where permitted. A drive-in or drive-through window may be implemented at any commercial use, subject to the approval of a conditional use permit (Article III, Section 26-11 (Conditional Use Permit)). If the underlying commercial use requires a conditional use permit, such drive-in/drive-through may be considered as a component of such conditional use permit application.
2. Stacking. A minimum of five (5) vehicle stacking spaces, meeting the dimensions of a parking space as defined within this Chapter, shall be provided on premises behind the ordering station. If no ordering station is present, a minimum of five (5) vehicle stacking spaces shall be provided on premises behind the first drive-through service window. Additional or fewer stacking spaces may be required or allowed by the Planning Commission during the conditional use permit review process (Article III, Section 26-11 (Conditional Use Permit)) if deemed necessary for the provision of safe and efficient vehicular and pedestrian transportation both within the development, and the community. Stacking lanes shall not impede necessary access and circulation within internal drive aisles and for emergency response vehicles.
3. Ingress and egress. The minimum distance of driveways into the site from a street intersection and the angle of a driveway intersection with the street shall be based upon reasonable criteria for safe traffic movement, as determined by the Director of Public Works.
4. Buffer. All drive-through lanes, service windows, and ordering stations shall be located a minimum of fifty (50) feet from single-family residential uses and shall also adhere to all landscaping buffer requirements in Article V of this Chapter.
5. Noise. All activities shall adhere to the Noise Control Code of St. Louis County.

Electric vehicle charging stations
Electric vehicle charging stations, in general.

1. Except as provided below, electric vehicle charging stations may be permitted as accessory uses upon issuance of a building permit in all zoning districts.

2. Public electric vehicle charging stations shall not be permitted at single-family residential uses.

3. Property owners may charge a service fee for the use of a public electric vehicle charging station.

4. Up to six (6) public electric vehicle charging stations may be permitted per nonresidential parcel. Additional public electric vehicle charging stations may be authorized, subject to the approval of a conditional use permit (Article III, § 26-11 (Conditional Use Permit)).

5. Areas designated for electric vehicle charging shall adhere to the parking space design requirements, as described in Article VI, § 26-27 of this code.

6. Areas designated for electric vehicle charging will not count towards the maximum parking space ratio of a use, as described in Article VI, § 26-29 of this code. The dedication of an area for electric vehicle charging shall not reduce the number of parking spaces available to a use below its minimum required parking ratio described in Article VI, § 26-29, except as authorized by the Planning Commission through the alternative parking plan procedure described in Article VI, § 26-30.

For up to six (6) spaces which are designated as public electric vehicle charging stations, one (1) space shall be designated for the physically disabled, and shall comply with the standards set forth by the American National Standards Institute (ANSI) Code. For every six (6) spaces added thereafter, at least one (1) space shall be designated for the physically disabled, and shall comply with the standards set forth by the American National Standards Institute (ANSI) Code.

Signage of electric vehicle charging stations.

1. All vehicle charging stations, whether public or private, shall have information posted identifying voltage and amperage levels and any type of use, fees, or safety information related to the electric vehicle charging station.
2. Each public electric vehicle charging station shall be posted with signage indicating the space is only for electric vehicle charging purposes.
3. The following information shall be posted at all public electric vehicle charging stations:

a. Hours of operation, if time limits or tow-away provisions are to be enforced by the property owner;
b. Usage fees, if applicable; and
c. Contact information for reporting when the equipment is not operating or other problems.

4. No additional exterior signage in excess of two (2) square feet at each electric vehicle charging station shall be allowed, except as authorized by a conditional use permit (Article III, § 26-11 (Conditional Use Permit)). If the underlying electric vehicle charging station use requires a conditional use permit, a request for additional signage may be considered as a component of such conditional use permit application.

Landscaping and maintenance.

1. Equipment mounted on pedestals, lighting posts, bollards, or other devices for charging stations shall be designed and located as to not impede pedestrian travel or create trip hazards within the right-of-way.

2. Charging station outlets and connectors shall be no less than thirty-six (36) inches and no higher than forty-eight (48) inches from the top of the surface where mounted, and shall contain a retraction device or a place to hang cords and connectors above the ground surface.

3. Equipment of both private and public electric vehicle charging stations shall be protected by wheel stops or concrete-filled bollards.

4. All supporting electrical equipment, cabinets, and transformers for both private and public vehicle charging stations shall be screened from public view by dense landscaping or any other such material that is found compatible and approved as part of the site plan approval process. Said landscaping or other material shall be no less than thirty (30) inches from the sides and back of said equipment and no less than ten (10) feet from the front of said equipment.

5. Electric vehicle charging stations shall be maintained in all respects, including the functioning of the equipment.

6. Any inoperable equipment of an electric vehicle charging station shall be repaired or replaced immediately. In no event shall inoperable equipment be allowed to remain in place for longer than one (1) year.

7. Any person who shall violate any provision of this section shall, upon conviction, be subject to the penalties provided in § 1-6 of this Code.

Parking in electric vehicle charging stations.

1. Whenever authorized signs are erected designating an area for public electric vehicle charging, no person shall stop a vehicle within that marked area unless that vehicle is an electric vehicle and connected to an electric vehicle charging station. No person shall stop a vehicle within an area designated as a private electric vehicle charging station without the expressed permission of the operator of the private electric vehicle charging station and/or the owner of the property on which the private electric charging station is located.

2. It shall be unlawful for any person to cause or allow any vehicle registered in his name or that is under his control that is not an electric vehicle connected to an electric vehicle charging station, to be parked or standing in a space that is designated as an area for public electric vehicle parking or charging.

3. The provisions of this section may be enforced on property that is not public property only when the owner or other person in possession or control of the properly has requested enforcement of these provisions of this section.

4. Any person who shall violate any provision of this section shall, upon conviction, be subject to the penalties provided in § 1-6 of this Code.

Compliance with applicable law and ordinances. All electric vehicle charging stations are subject to the requirements of this chapter and shall also comply with zoning, building, construction, and other applicable City ordinances and regulations.

Environmental performance standards
Scope of provisions. Every use, activity, process or operation located or occurring in the City shall comply with the environmental performance standards prescribed in this section, and no existing use, activity, process or operation shall be hereafter altered or modified so as to conflict with, or further conflict with, such environmental performance standards. If, as of the date of adoption of this article, the operations of any lawful existing use violates these environmental performance standards, such operations shall not be varied or changed in any way as to increase the degree of such violation. The operation of any existing conforming use in violation of the environmental performance standards shall not in itself make such use subject to Article IV (Zoning Districts and Use Standards), § 26-19, (Nonconforming situations).

Administration and enforcement.

1. All topics covered in Subsection C below are subject to all relevant adopted City codes and ordinances and Article I (General Provisions) § 26-2, Subsection B (Conflicts), and Subsection G (Resources, guides, and industry standards). Whenever, in the opinion of the Director of Public Services, there is a reasonable probability that any use or occupancy violates these environmental performance standards, he shall give written notice of at least seven days' duration that the use or occupancy must be corrected. In case of an emergency he may take such immediate action as he deems appropriate to correct the violations. He is hereby authorized to employ a qualified technician or technicians, such as the Fire Chief or Fire Marshal or other trained professional to perform whatever investigations and analyses as are necessary to determine whether or not they are, in fact, being violated.
2. In the event that a violation is found to exist, the violator shall be liable for the reasonable fee of the technicians employed to perform such investigations and analysis. Such fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in Article I (General Provisions), § 26-4 (Enforcement; violations and penalties), Subsection C (Penalties), of this chapter.

Performance standards.

1. Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line of the lot on which the use is located, except that vibration caused by blasting conducted in accordance with the requirements of the Explosives Code, Chapter 711, St. Louis County Revised Ordinances (SLCRO), may exceed these limitations.
2. Noise. Every use shall be so operated that the pressure level of sound or noise generated does not exceed the limitations of the Noise Control Code, Chapter 625, SLCRO.
3. Odor. Every use shall be so operated that no offensive or objectionable odor is emitted in accordance with the requirements of the Air Pollution Code, Chapter 612, SLCRO.
4. Smoke. Every use shall be so operated that no smoke from any source shall be emitted that exceeds the emission levels in the requirements of the Air Pollution Code, Chapter 612, SLCRO.
5. Toxic gases. Every use shall be so operated that there is no emission of toxic, noxious, or corrosive fumes or gases which exceed the emission levels, of the Air Pollution Code, Chapter 612, SLCRO.
6. Emission of dirt, dust, fly ash, and other forms of particulate matter. The emission of dirt, dust, fly ash and other forms of particulate matter shall not exceed the emission levels in the requirements of the Air Pollution Code, Chapter 612, SLCRO.
7. Radiation. Every use shall be so operated that there is no dangerous amount of radioactive emissions.
8. Glare and heat. Any operation producing intense glare or heat shall be performed in an enclosure in such manner as to be imperceptible along any lot line without instruments.
9. Fire and explosion hazard.

a. The storage or utilization of solid materials ranging from incombustible to moderate burning is permitted.
b. The storage or utilization of solid materials ranging from free or active burning to intense burning is permitted, provided that the following conditions are met:

(1) The materials shall be stored or utilized within completely enclosed buildings or structures having incombustible exterior walls and handled in accordance with the standards and regulations of the fire protection district and the National Fire Protection Association or its successors.
(2) All such buildings shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the fire protection district and the National Fire Protection Association or its successors.
(3) Such materials, if stored outdoors, shall be no closer than 150 feet to the nearest lot line or in conformance with the standards and regulations of the fire protection district and the National Fire Protection Association or its successors.

c. The storage or utilization of flammable liquids or materials which produce flammable or explosive vapors shall be permitted in accordance with the following limitations, exclusive of storage in underground tanks and storage of finished products in original sealed containers:

(1) Such materials or products shall be stored or utilized within completely enclosed buildings having incombustible exterior walls and handled in accordance with the standards and regulations of the fire protection district and the National Fire Protection Association or its successors, and, in addition, all such buildings shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the fire protection district and the National Fire Protection Association or its successors.
(2) The above-ground outdoor storage of flammable liquids is prohibited.
(3) The total of the flammable liquids permitted on any tract shall not exceed 5,000 gallons.

10. Grease traps. Food service businesses within the City must comply with the following conditions in connection with their use of grease traps.

a. Except as provided for in Subsection C10d below, grease traps shall be physically cleaned and the grease disposed of off-site at least once every three months, and the business must notify the City Health Inspector as to the date and time of each cleaning; and
b. Each business shall maintain records documenting grease trap cleanings which include the date(s) of cleaning, time(s) of cleaning and disposal method. The records shall be maintained for a period of 24 months from the date of any given manual cleaning, and shall be available for review by the Health Inspector during the restaurant's normal business hours; and
c. If the City Health Inspector determines that any grease trap is not functioning properly or is undersized, the business shall correct any such inadequacy in a manner deemed satisfactory to the Health Inspector. The Health Inspector shall make a record of any inadequacies so determined and the corrective measures taken; and
d. Upon a finding of documented continuous adequacy and sufficient capacity, the Health Inspector shall be authorized to reduce the frequency of manual cleaning as required herein to not less than once every six months; and
e. Any business violating any of the provisions of this section shall be guilty of an offense.

Future revisions. Any addition, modification or change in any regulations, code, ordinance or other standard referred to in the performance standard regulations shall become a part of these regulations.

Fencing
Fences may be erected on residential lots and in commercially and industrially zoned districts in the City subject to the following provisions of this section and any other applicable provision of this chapter.

A. General standards.

1. Every new or replacement fence shall be constructed with its decorative side facing outward from the lot and the area to be enclosed, and shall have its posts, framing and other structural support within or facing toward the interior of the lot and the area to be enclosed.
2. Except as otherwise provided in this section, no new fence shall be constructed of materials such as chicken coop wire, barbed wire, bamboo or any readily flammable material such as paper, cloth, canvas, or like material.
3. No fence shall encroach within the sight distance triangle of an intersection.
4. For the purpose of this section, each yard facing the right-of-way shall be deemed a front yard.

B. Where erected.

1. Residential uses. At detached houses, duplexes, 3-/4-plex houses, row houses, and group homes, as described in Article II, § 26-7 (Description of Uses) of this chapter, fences shall be erected as follows:

a. No fence shall exceed six (6) feet in height.
b. Chain link fences shall be vinyl-coated or powder-coated in black or earth-toned colors such as brown, tan, or dark green.
c. In side and rear yards. A durable fence may be installed within a side or rear yard.
d. In front yards. Fences shall not be installed in front yards except as described below.

(1) Fall protection barriers. Fences may be installed in a front yard where serving as a required barrier for fall protection above retaining walls, elevated walking surfaces, etc. Such fences shall consist of an open-spaced, decorative wood picket or decorative rail design and shall not exceed four (4) feet in height.
(2) On corner lots, fences of any type may not be located in front of the building lines along the side street in order to preserve a sight triangle as required by Article II (Definitions), § 26-5 (Defined terms), of this chapter.

Fences in the side street front yard of a corner lot shall be set back a minimum of one (1) foot from the front lot line. However, where there is a driveway on the same side of the street within sixty (60) feet of the corner lot, fences in a side street front yard shall be set back a minimum of ten (10) feet from the front lot line.

Figure 26-22A, below, identifies where fences may be installed within the side street front yard of a corner lot.

Figure 26-22A. Side street front yard fence setbacks on residential corner lots.

(3) On through lots. On residential through lots, fences may be installed along front lines in the following locations, if set back a minimum of one (1) foot from the front lot line:

(a) Facing S Sappington Road, south of Elmont Lane to Grant's Trail.
(b) Facing Old Sappington Road, north of the intersection with New Sappington Road to Sappington Villa Court.
(c) Facing Pardee Road, for up to 550 linear feet south of Grant Farm Trail.
(d) Facing Rayburn Avenue, west of Dublin Drive to the city boundary.
(e) Facing S Holmes Avenue, for up to 300 feet east of Oak Ridge Avenue.

2. Commercial uses and multi-family residential uses.

a. No fence shall exceed eight (8) feet in height.
b. No fence shall be constructed of vinyl or chain link.
c. In side and rear yards.

(1) A durable fence may be installed within a side or rear yard.
(2) Where a side or rear lot line coincides with the side or rear lot line of an adjacent detached house, duplex, industrial or civic/institutional use, a durable sight-proof fence of at least six (6) feet in height shall be required within two (2) feet of the lot line. Fence height may be reduced if used in conjunction with a berm, as described in Article V, § 26-21B.4 (Landscape Standards, Landscape Buffer Requirements).

d. In front yards. Fences shall not be permitted in front yards except as described below:

(1) Landscape buffer. Fences maybe installed where serving as a required fence in a required Landscape Buffer Type A or B, as described in Article V: Site and Landscape Design Standards, § 26-21B.4 (Landscape Standards, Landscape Buffer Requirements). Fences installed as part of a required landscape buffer shall be set back a minimum of ten (10) feet from the front lot line.

(2) Fall protection barriers. Fences may be installed in a front yard where serving as a required barrier for fall protection above retaining walls, elevated walking surfaces, etc. Fences serving as a required fall protection barrier within a front yard shall be of an open-spaced, decorative black, tan, or dark green metal rail design and shall not exceed four (4) feet in height.

3. Industrial uses.

a. No fence shall exceed eight (8) feet in height.
b. No fence shall be constructed of vinyl.

c. No fence shall include razor wire or barbed wire, except as approved by the Planning, Zoning, and Architectural Review Commission through the fence exceptions process described below.
d. In side and rear yards.

(1) A durable fence may be installed within a side or rear yard.
(2) Where a side or rear lot line coincides with the side or rear lot line of any non-industrial use, a durable sight-proof fence of at least six (6) feet in height shall be required within two (2) feet of the lot line. Said fences shall not be constructed of chain link. Fence height may be reduced if used in conjunction with a berm, as described in Article V, § 26-21B.4 (Landscape Standards, Landscape Buffer Requirements).

e. In front yards. Fences shall not be permitted in front yards except as described below:

(1) Fences maybe installed in a front yard where facing another industrial use immediately across the street. Said fences shall not be sight-proof. Front yard fences shall be set back a minimum of one (1) foot from the right-of-way line.
(2) Landscape buffer. Fences may be installed where serving as a required fence in a required Landscape Buffer Type A or B, as described in Article V, § 26-21B.4 (Landscape Standards, Landscape Buffer Requirements). Fences installed as part of a required landscape buffer shall be set back a minimum of ten (10) feet from the right-of-way line
(3) Fall protection barrier. Fences may be installed in a front yard where serving as a required barrier for fall protection above retaining walls, elevated walking surfaces, etc.

C. Enforcement. It shall be the duty of the Director of Public Services, or his/her designee, to enforce the provisions of this section. Whenever the Director of Public Services or designee determines that a person is violating the provisions of this section, he shall give notice of such alleged violation which shall:

1. Be in writing;
2. Be served upon the person, his agent, or a member of his immediate family personally, or delivered by registered or certified mail to his last known address;
3. Contain a statement of the reason why it is being issued;
4. Contain a statement concerning what action should be taken to effect compliance with this section; and
5. Allow a reasonable time for the performance of any act necessary to effect compliance.

D. Fence exceptions.

1. When a person subject to the provisions of this section can show that the strict application of the terms hereof will substantially impair the reasonable use and enjoyment of property, such person may apply for an exception to the provisions of this section by filing a written application with the Planning Commission. The Planning Commission shall conduct a hearing on said application after written notice is sent by first class mail to the owners of all property abutting the property upon which the fence is sought to be erected.
2. The Planning Commission may consider and allow exceptions from the strict application of this section if such exceptions are in harmony with the purpose and intent of this section, and if they will not be injurious to the surrounding property or otherwise detrimental to the public welfare, taking into account the location of the property, the permitted uses of the property and nearby properties, the prevailing traffic conditions on adjoining roadways and in the vicinity, and the configuration of the property and improvements thereon.
3. Exceptions shall not be granted to allow fences which have been already installed or partially installed in violation of the provisions of this Municipal Code.
4. In granting an exception, the Planning Commission or the designated committee may attach such conditions as it deems necessary relating to location, design and landscaping to mitigate the impact of the fence exception on the adjoining property or general neighborhood.

Height exceptions
Public and semipublic buildings. In any district, except residential districts, public or semipublic buildings, such as hospitals, churches, sanitariums or schools, either public or private, may be erected to a height not exceeding 60 feet, provided that such buildings shall have yards which shall be increased one foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the regulations of the district in which such buildings are situated.

Amateur radio antennas and towers and parabolic reflector antennas.

(1) Effective as of July 25, 1995, a permit, as provided for herein, shall be required for the construction or installation of a ground-mounted or roof-mounted antenna or antenna tower for the operation of an amateur radio facility within the City.
(2) An application for a permit for the construction or installation of an amateur radio antenna and/or antenna tower for operation of a licensed amateur radio facility shall be filed on forms provided by the Director of Public Services and shall contain such information as may be required therein, including:

(a) Detailed construction and installation plans.
(b) Site plan of the parcel upon which the installation is to be made showing the specific location of the proposed installation, all improvements on the parcel and, where the application requires consideration by the Board of Aldermen, the site plan shall include the location of trees on such parcel, the general location of the improvements on all adjoining properties and such other information as the Director of Public Services deems appropriate to provide adequate information for the Board of Aldermen. Such application shall be accompanied by satisfactory evidence that the applicant or any occupant of the property for which the antenna or antenna tower is proposed to be installed holds an existing amateur radio license issued by the Federal Communications Commission.

(3) Issuance of permits.

(a) A permit for a ground-mounted antenna not extending more than 40 feet above grade, an antenna mounted on a roof not extending more than 18 feet above the point of mounting, an antenna mounted on a fixed antenna tower which does not extend more than 40 feet above grade at the point of installation, or an antenna mounted on a retractable or crank-up antenna tower which does not extend more than 65 feet above grade at the point of installation when fully extended shall be issued by the Director of Public Services upon the determination that the location, structural and wiring requirements hereof are satisfied.
(b) A permit for a ground-mounted antenna extending more than 40 feet above grade, an antenna mounted on a fixed antenna tower which extends more than 40 feet above grade at the point of installation, or an antenna mounted on a retractable or crank-up antenna tower which extends more than 65 feet above grade at the point of installation when fully extended shall be issued or denied in accordance with the following:

(i) The application shall be referred to the Board of Aldermen for consideration of issuance of a special permit. A public hearing shall be held thereon, with at least 15 days' public notice being published and notice given to property owners within 300 feet of the parcel for which the installation is proposed.
(ii) Upon findings as to whether the proposed conditional use permit is required by topographical conditions or the operational parameters of the antenna or the associated radio equipment to be utilized and as to whether the proposed special permit conforms to the location, structural and wiring requirements hereof, the Board of Aldermen shall approve or deny the special permit and adopt findings and conclusions thereon.

(4) Location requirements.

(a) An antenna tower, ground-mounted antenna, and any portion of any base or support thereof may be erected or installed only in the rear yard of the parcel behind the principal building.

(i) On corner lots, each setback requirement along the street sides shall be observed.
(ii) Any antenna tower or ground-mounted tower which exceeds 40 feet in height shall be set back from all property lines at least one additional foot for every foot of height above 48 feet, unless the Board of Aldermen determines that reasonable provisions to protect adjoining properties exist or that such setback requirements are unnecessary to protect the public health, safety, or general welfare.

(b) Not more than one antenna tower may be erected on any parcel; provided, however, that an erected support used exclusively for the support of a wire antenna and being no wider than six inches at grade and having a height no greater than 40 feet above grade shall not be considered an antenna tower for the purposes of calculating the permitted number of such towers.
(c) No antenna tower may be erected on the roof of any building.
(d) Wire antennas utilizing existing building supports or natural supports, such as trees, may be installed within the property boundary.

(5) Installation. See § 26-17A.2.b.(5) for details.

(6) Parabolic reflector antennas. See § 26-17A.2.b.(6)

Structural projections. Except as hereinabove provided with respect to amateur radio antennas and towers and parabolic reflector antennas, any chimneys, cooling towers, elevator headhouses, monuments, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio towers, television towers, microwave towers, or necessary mechanical appurtenances usually required to be placed above the roof level are not subject to the height limitations contained in the district regulations with the following exceptions:

a. That such structural projections shall not exceed the height regulations of the district in which the structure is situated by more than 15%;
b. That structural projections exceeding the above-height limitations shall be considered as conditional uses and shall be processed in accordance with Article III (Applications and Procedures), § 26-11 (Conditional use permit), of this chapter;
c. Provided, further, that any such structural projections shall have yards which shall be increased one foot on all sides for each additional foot that such structures exceed the specified height limit as established by the regulations of the district in which such buildings are situated.

Height of dwellings. Residential structures in the dwelling districts may be increased in height by not more than 10 feet when the side and rear yards are increased over the yard requirements of the district in which they are located by not less than 10 feet, but they shall not exceed three stories in height.

Land and buildings
1. Number of buildings permitted per lot. Every single-family dwelling hereafter erected or structurally altered shall be located on a separate lot or tract. In no case shall there be more than one single-family dwelling on one lot or tract except for accessory buildings or uses, as defined herein, and except for any structure authorized as part of a special procedure requiring submission to the Planning Commission of any type of site development plan for review and approval. A residential lot must have frontage on a street.

2. Conversion or change in occupancy of single-family dwelling. In any district permitting uses other than single-family dwellings, single-family dwellings shall not be converted to another use without first obtaining a certificate of occupancy. No application for a building permit and/or a certificate of occupancy for such a conversion of a single-family residence shall be approved unless accompanied by a detailed site plan, as provided in Article III (Applications and Procedures), § 26-12 (Major site plan and design review), including a floor plan, showing full compliance with all other applicable regulations of this chapter.

Landscape scope, purpose, applicability, conflicts, and definitions
Scope. This article contains the performance standards and regulations pertaining to the landscape elements of residential, commercial, and industrial properties; requirements for the provision of trees along public rights-of-way; maintenance requirements for trees and other landscape components adjacent to public rights-of-way; and administration and enforcement of these regulations.

Purpose. The purpose of this division is to establish minimum standards for the provision, installation, maintenance, and removal of landscape plantings in order to achieve a healthy, visually pleasing, and safe community by the following means:

1. Preservation of vegetation. Preserve existing natural vegetation and the incorporation of native plants, plant communities, and ecosystems into landscape design, where possible.
2. Aesthetics. Improve the appearance of all areas through the incorporation of open space into development in ways that harmonize and enhance the natural and built environment.
3. Land values. Maintain and increase the value of land by requiring landscape improvements to be incorporated into development, thus becoming by itself a valuable capital asset.
4. Human values. Provide direct and important physical and psychological benefits to human beings through the use of landscape materials to reduce noise and glare, to provide visual diversity and seasonal interest, and visually soften the harsher aspects of urban development.
5. Improved design. Promote innovative and cost-conscious approaches to the design, installation, and maintenance of landscaping, encouraging water and energy conservation.

Applicability. Except where specifically exempt in this article, requirements stated herein are applicable to properties proposed for subdivision into four or more lots, properties applying for a planned development district properties applying for major site plan review, any proposed landscaping change in excess of 20% of the landscaped area of a site; maintenance and/or replacement of existing required trees and landscaping; and to the installation, maintenance, and/or replacement of trees in public rights-of-way or private streets within all zoning districts.

Conflicts. If the provisions of this article conflict with other sections of this article or other ordinances or regulations, the more stringent limitation or requirement shall govern or prevail to the extent of the conflict.

For more complete information please reference § 26-20: Landscape scope, purpose, applicability, conflicts, and definitions.
Procedural information can be found here.

Landscape standards
A. Landscape installation and material standards. See § 26-21A for details.

B. Landscape design standards.

1. Landscape points system. See § 26-21B.1 for details.
2. General landscape requirements.

a. Any part of the lot area not used for buildings, other structures, or for parking, loading, access ways, and other pavement areas shall be landscaped and maintained with turf, ground cover, trees, shrubs, or native planting areas.
b. Irrigation requirements.

(1) All required landscape on parcels with a commercial, industrial, and/or multi-family residential land use type must be automatically irrigated to properly establish and maintain the selected plant material with a minimum of overspray and without significant potential for causing erosion. Water-efficient irrigation components such as drip irrigation and weather sensors are encouraged to be used.
(2) Automatic irrigation systems are recommended although not required for single-family and two-family properties. It is the responsibility of the property owner to ensure that irrigation is provided to properly establish and maintain required landscape.
(3) Irrigation systems should be properly winterized prior to winter months to prevent freezing. It shall be the property owner's responsibility to properly prepare irrigation lines for months during which freezing may occur and perform testing of backflow equipment as required.
(4) Backflow equipment shall be located and/or screened in a manner that limits visibility of equipment from view of general public. Backflow equipment installed in areas with potential access by the general public should be installed in a lockable cage to prevent damage, theft, and vandalism.

c. The design standards for water discharge management contained in § 26-44N.4 of this Code shall be applicable.

3. Landscape plantings within or near street right-of-way. See § 26-21B.3 for details.
4. Landscape buffer requirements. See § 26-21B.4 for details.
5. Off-street parking landscape requirements. See § 26-21B.5 for details.
6. Open space tree plantings.

a. Description. Open space trees shall be planted, or acceptable existing trees shall be preserved in open spaces to promote healthy tree canopy within the City. Open lot area will be considered the lot area not covered with buildings or structures and shall be used to calculate open space tree planting requirements at the ratios noted below:
b. Point requirements.

(1) Residential districts: Thirty (30) points per every ten thousand (10,000) square feet of open lot area.
(2) Non-residential districts: Twenty (20) points per every ten thousand (10,000) square feet of open lot area.
(3) Watson road overlay area: Thirty (30) points per every ten thousand (10,000) square feet of open lot area.
(4) Points calculated to satisfy open space tree requirements must be canopy trees or large evergreen trees.

c. Trees used for parking lots/vehicular use areas, trees for landscape buffers, or street trees planted on private property can be counted towards open space tree requirements.
d. Existing trees saved, meeting minimum size, of acceptable species, and in good health may be counted toward open space tree totals.
e. Large open sports/play fields or native meadow plantings areas may be excluded from the calculation with approval from the Director of Public Services or his/her designee.

7. Foundation planting requirement.

a. Description. Building foundation landscaping is required on all properties within the Watson Road Overlay Area. Foundation landscaping shall be planted with a combination of shrubs, ornamental trees, and groundcover to accent architectural features and visually soften expanses of building walls, particularly those lacking windows.
b. Foundation landscaping shall be placed along the entire length of building facades facing rights-of-way and/or off-street parking areas, with the exception of areas where walkways and/or driveway crossings are located.
c. Layout and selection of foundation plantings shall be designed to be compatible with architectural materials, form of buildings, and care should be taken to prevent blocking views and light passage into building windows.
d. The minimum width of landscape area provided along building foundations shall be six (6) feet.
e. Point requirements. One hundred (100) points per one hundred (100) linear feet of building facade.
f. Intent diagrams. Reference diagram on the following page for design intent examples for foundation planting. See § 26-21B.7.f.

8. Screening. At commercial, industrial, multi-family, and civic/institutional uses, the following elements shall be screened as described below.

a. Ground-mounted equipment and storage. Where adjacent to nonindustrial uses, all mechanical equipment and storage of materials and equipment shall be within a fully enclosed building or in a side or rear yard so screened by berms, dense vegetative plantings, fences, walls, or combinations of these materials at least eight feet in height so that such materials and equipment are not visible at six feet above the grade of the adjacent street(s) and adjoining property lines.
b. Trash containers. Outside rubbish, garbage, and dumpster containers shall be permanently screened from view from all four sides by an enclosure with masonry walls and a workable privacy gate or door of durable solid metal, vinyl, or wood. Enclosure walls shall have a minimum height of six feet and a maximum height of eight feet. Enclosures shall not be located in a front yard and shall be located a minimum of one hundred twenty-five (125) feet from front lot lines. Materials other than masonry may be permitted upon approval by the Planning, Zoning and Architectural Review Commission. Enclosures shall be comprised of a color and composition compatible with that of the main structure of the premises.
c. Loading areas. Loading and service areas shall be screened with sight-proof fences, walls, or dense vegetative plantings or a combination of these materials at least eight (8) feet in height where adjacent to residential areas. In all instances, views into loading and service areas from the adjacent right of way shall be minimized by site placement and/or means of screening.
d. Ground-mounted equipment, storage, trash containers, and loading areas shall not be located in a required landscape buffer.

For more complete information on Landscape standards including Non-conforming conditions, Maintenance standards and Modifications, please reference § 26-21: Landscape standards.

Measurements
The following rules shall apply to the interpretation of measurements and dimensional standards:

1. General calculations. When calculations result in a fraction, it shall be rounded up to the nearest whole number if the standard is expressed as a minimum requirement, and rounded down to the nearest whole number if the standard is expressed as maximum allowance.
2. Buildings. The following shall be used in interpreting dimensional standards for buildings:

a. Building coverage: the percentage of the total area of the lot covered by buildings or roofed areas of principal and accessory buildings, measured along the wall at ground level, excluding the first four feet of any unenclosed roof overhangs. Building coverage may control the scale, mass, or orientation of the building more than is established within the setback lines. It does not include any unroofed projections, surface parking, uncovered patios, stoops, or plazas.
b. Building height. Building height, when expressed as a dimension, is measured from the average grade to highest point of a roof. Average grade is determined by calculating the average of the highest and lowest elevation of the proposed development or existing development grade along the perimeter of the building footprint. Where significant development is proposed in association with a grading plan, post-development grades may be used subject to a grading plan approved with development review. Building heights expressed in both dimension and stories shall use the additional story limits to impact the scale, form, and mass of the building within the permitted overall height.

Figure 26-2-1. Building Height and Building Stories
Nonresidential and residential buildings are depicting the measurement of building height from the average grade at the front building line to the top of the roof. Story heights are also illustrated demonstrating the typical story heights of stories depending on their use.

c. Building setbacks: the minimum required distance between any lot line and the building. When front building setbacks are expressed as a range (i.e., 10 feet to 25 feet), it shall be interpreted as a build-to range, within which distance the front building line of the principal structure shall be established.
d. Story: the part of a building included between the surface of one floor and the surface of the floor next above, or if there is no floor above, that part of the building which is above the surface of a floor and the ceiling next above.

(1) Story heights shall be eight feet to 12 feet, generally;
(2) The first story for residential buildings should be nine feet to 14 feet;
(3) The first story in nonresidential buildings should be 12 feet to 20 feet;
(4) Any story that has less than four feet of its height exposed above finished grade on the front elevation, or which has more than 50% of its perimeter wall area measured from the finished floor elevation surrounded by finished grade shall not count as a story for the purpose of measuring building height.

e. Story, half. The space under a sloping roof that has a line of intersection of the roof and wall face not more than two feet above the floor level and in which the possible floor area with head room of five feet or more is greater than 40% of the total floor area of the story directly beneath.

3. Lots. The following shall be used in interpreting dimensional standards for lots:

a. Lot area: the minimum required area of a horizontal plane bounded by the vertical planes through front, rear, and side lot lines, or when expressed as a range shall be interpreted as a minimum and a maximum.
b. Lot depth: the horizontal distance between the front and rear lot lines measured at right angles to the front right-of-way lines. Where the front and rear lines are not approximately parallel, the lot depth shall be the average when measured from at least three different points along the front lot line, including the two corners at the front lot line.
c. Lot frontage: the portion of the lot that establishes the relationship between the building, other site elements, and the public realm or street upon which the lot fronts. When expressed as a linear dimension: the horizontal distance between side lot lines, measured at the front lot line. When expressed as a percentage: the maximum percentage of that frontage width applied to the entire depth of the frontage area. Where the front lot line abuts a curved right-of-way, the lot frontage requirement may be applied at the front building line for purposes of regulating the dimensions of lots.
d. Lot width: the horizontal distance between the side lot lines, typically measured at the front lot line, but for irregular lots may be measured at the front building line.
e. Corner lots. When applying building, lot, and frontage standards to corner lots, lots can be arranged in one of three patterns based on the context of the block and abutting lots. (See Figure 26-2-2, Corner Lot Orientation, below.)

026 Fig 26-2-2 Corner Lot Orientation.tif

Figure 26-2-2. Corner Lot Orientation
Corner lots are unique in that they are able to front on two different streets or in some cases both. The figure illustrates the different options for property owner to face their building and how this effects the setbacks used.

(1) Standard corner. The building orients to the front of all other buildings fronting on the same street, and an expanded street-side setback may apply. Side and rear setbacks apply to the remaining sides.
(2) Reverse corner. The building orients to the end-grain of the block, and the front setback and frontage design applies to that side, and the street-side setback can be the greater of a) the stated street-side setback for that building type or b) 10 feet in front of the forward most point of the front building line of the abutting lot. Side and rear setbacks apply to the remaining sides.
(3) Corner orientation. The building orients to both streets, with the front setback and frontage design applying on both street sides. The two remaining sides are treated as side setbacks and there is no rear setback.

Nonconformances - Additional requirements
Conditional uses. Any use existing at the time of adoption or amendment to this chapter and which is permitted as a conditional use in a district under the terms of this chapter or amendment thereto shall be deemed a conforming use in such district and shall without further action be considered a conforming use.

Nonconforming lots of record. If through dedication of street right-of-way, the area of any lot or parcel already established via the provisions of the subdivision regulations is decreased below the minimum area required in the applicable zoning district, development rights shall not be denied.

Existence of nonconforming use.

1. A nonconformity shall not be deemed to have existed on the date this chapter or any amendment thereto became effective; unless:

a. It was in being on a continuous basis and to its fullest extent on such date.
b. If such nonconformity is a use, such use had not been abandoned.

2. In cases of doubt, and on specific questions raised, whether a nonconforming use exists shall be a question of fact and shall be decided by the Board of Aldermen after notice, a public hearing, and receipt of a report and recommendation of the Planning Commission.

Nonconformity as basis for variance. The existence of any present nonconformity anywhere in the City shall not itself be considered grounds for the issuance of a variance for other property.

Eventual removal or correction of nonconforming use. Within five years of the date of the adoption of this chapter or the date of adoption of any applicable amendments to this chapter, any use which is or becomes a nonconforming use shall be brought into conformance with the environmental performance standards established in Article VIII (Supplemental Standards), § 26-38 (Environmental performance standards). Any use listed in this subsection need not be discontinued in the event that the adoption of this chapter or amendments to this chapter changes the status of such use from that of a nonconforming use to that of a permitted use in the district in which it is located.

Nonconforming buildings and structures
Where, on the date of adoption or amendment of this chapter, a lawful building or structure exists that could not be built under the regulations of this chapter or amendment thereto by reason of restrictions upon lot area, lot width, lot coverage, height, open spaces, off-street parking, loading spaces and setbacks, or other characteristics, such building or structure may be continued so long as it remains otherwise lawful subject to the following provisions:

1. Enlargement. Such building or structure may be enlarged, expanded, extended, or altered only if nonconformity is removed.
2. Damage. Should any such building or structure be damaged by any means to an extent of more than 50% of its replacement cost at the time of damage, it shall not be reconstructed except in conformity with the provisions of this chapter.
3. Relocation. Should any such building or structure be moved for any reason for any distance, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

Nonconforming uses of lots
Where, on the date of adoption or amendment of this chapter, a lawful use of a parcel or lot exists that is no longer permissible under the provisions of this chapter or amendment thereto, such principal use may be continued so long as it remains otherwise lawful subject to the following provisions:

1. Enlargement. No such nonconforming use of a parcel or lot shall be enlarged, expanded, or extended to occupy a greater area of land than was occupied on the date of adoption or amendment of this chapter and no additional accessory use, building, or structure shall be established thereon.
2. Relocation. No such nonconforming use of a parcel or lot shall be moved in whole or in part to any other portion of such parcel or lot not so occupied on the date of adoption of this chapter or amendment thereto or to a parcel or lot not in conformance with this chapter.
3. Discontinuance. If such nonconforming use of a parcel or lot ceases for any reason for a period of more than 180 consecutive days (except where government action causes such cessation) the subsequent use of such parcel or lot shall conform to the regulations and provisions set by this chapter for the district in which such parcel or lot is located.

Nonregulatory provisions
Intent statements, graphics, and commentary, such as captions to graphics or notes in tables, are an aid to interpretation of the standards. In the event of any conflict or ambiguity between the intent statements, graphics, or commentary and a specific standard, the specific standard shall control.

Purpose and Intent & Scope of Provisions
The general policy of the City is to allow uses, buildings, and lots that were created legally and in conformance with then-applicable requirements, but that do not conform to the current applicable requirements of these regulations to continue. However, it is also the policy of the City to bring such uses, buildings, and lots into conformance with current regulations as is reasonably practical. Nonconformities are not to be expanded, and they should be abolished or become conforming as quickly as the fair interest to the parties will permit. The intent of this section is to balance the interests of property owners in past investments, discourage investment that expands or reinforces nonconforming situations, and promote investment consistent with the Comprehensive Plan and these regulations.

The provisions of this section shall apply to all nonconforming uses, lands, and structures. A nonconforming land use or structure is one which existed lawfully whether by variance or otherwise, on the date this chapter or article or any amendment thereto became effective, and which fails to conform to one or more of the applicable regulations of this chapter or such amendment thereto. Such nonconformities may be incompatible with and detrimental to permitted land uses and structures in the zoning districts in which they are situated; they inhibit present and future development of nearby properties; and they confer upon their owners and users a position of unfair advantage.

Repairs and maintenance, change ownership, & completion of pending construction
Repairs and maintenance.

1. Nothing in this chapter shall be deemed to prohibit the restoration of any structure and its use where such structure has been damaged by any means out of the control of the owner to an extent less than 50% of its replacement value (excluding the value of the land, the cost of preparation of land, and the value of any foundation adaptable to a conforming use) at the time of damage, provided that the restoration of such structure and its use in no way increases any former nonconformity, and provided further that restoration of such structure is begun within 180 days of such damage and diligently prosecuted to completion within two years following such damage.
2. Whenever such structure has been damaged to an extent of more than 50% of its replacement value (excluding the value of the land, the cost of preparation of land and the value of any foundation adaptable to a conforming use) at the time of damage, as determined by the Director of Public Services, or by any means within the control of the owner to any extent whatsoever, the structure shall not be restored except in full conformity with all regulations of the district in which such structure is situated.
3. When a structure is determined to be in violation of any applicable health or safety code by the Director of Public Services under any applicable ordinance of the City and the cost of placing the structure in condition to satisfy the standards under such ordinance shall exceed 50% of the reconstruction cost of the entire structure, such nonconforming structure shall not be restored for the purpose of continuing a nonconforming use.
4. None of the restrictions contained in this section shall limit the authority of the Board of Zoning Adjustment to grant relief for reconstruction of a nonconforming structure, as provided in Article I (General Provisions), § 26-3 (Administration and review bodies) Subsection D (Board of Adjustment).

Change of tenancy or ownership. Provided that there is no change in the nature or character, extent or intensity of such nonconforming use, building, or structure, other than signage, there may be a change of tenancy, ownership, or management of an existing nonconforming use, building, or structure.

Completion of pending construction and building permits. To avoid undue hardships, nothing in this chapter shall be deemed to require a change in plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been carried on diligently. Nothing herein contained shall require any change in the site plan or designated use of a building for which a building permit had been heretofore issued or plans or final subdivision plats which have been approved by the City at the time of the passage of this chapter or amendment, provided that actual construction is begun within 180 days of such permit issuance of approval thereto.

Resources, guides, and industry standards
Resources, guides, and industry standards that are recognized as reputable authority in the planning, development, and urban design professions may be used to supplement interpretation of this Code. They shall be subject to the approval of the City Administrator or his or her designee (designees) responsible for administering this chapter as defined in § 26-3, (Administration and review bodies) below and upon a determination that the content is consistent with the purposes, intent, and design objectives of these regulations and the policies of the Comprehensive Plan. Any resource, guide, or industry standard approved by the City Planner shall be listed in Appendix A and at least one copy shall be kept on file with the Public Works Department. Use of these guides shall only be to the extent that it is consistent with the purposes, intent, and design objectives expressed in these regulations, and shall not be used to otherwise modify, contradict, or in any way conflict with any specific standard in these regulations.

Site lighting
In addition to the regulations established for the Watson Road Overlay Area as set forth in Article IV (Zoning Districts and Use Standards), § 26-18(Watson Road Overlay Area), Subsection E2k (Development requirements, guidelines and standards; Site design; Lighting) the following site lighting standards and shall apply to all uses within the Watson Road Overlay Area, C-1 and M-1 Districts and to all PD-C, and PD-MXD developments, including all new developments, amendment of an approved site plan, amendment of a conditional use permit, or any lighting change to an existing development, involving new fixtures, standards, heads or luminaires.

General standards.

1. Site lighting shall include all lighting on property, other than lighting within a fully enclosed building, provided that site lighting shall include interior lighting when used as accent lighting, as provided in Subsection A8 of this section.
2. Site lighting fixtures shall be compatible with the building design and the adjoining landscape and shall not be used in such a manner as to turn the building itself into signage.
3. Excessive brightness of site lighting shall be avoided.
4. Site lighting shall not spill over to adjacent sites or properties.
5. Site lighting shall not create glare which is directed toward or reflected onto adjoining properties.
6. Site lighting shall not create glare which is directed toward or reflected onto streets, or interior drives where such glare could negatively impact vehicular or pedestrian safety.
7. Except as may be provided elsewhere in this section, site lighting shall at no time be directed upward, in a radiating and/or moving or sweeping pattern, or at any angle which will light surfaces other than building walls, parking or pedestrian areas, and landscaped areas, and shall not create lighting patterns which will direct light toward residential areas.
8. Except as may be authorized in Article VII (Sign Regulations), of this chapter, the use of tube lighting of any singular static color may be utilized as accent lighting in any location on the site, including the exterior of a building or around any window as long as the lighting is recessed and the tubing would not be visible from the street.
9. At the time of filing any application for any use, development, amendment or change as set out in § 26-23 hereof, a lighting plan for site lighting shall be provided on a separate sheet. The following information shall be submitted as part of the lighting plan:

a. Manufacturer's catalog cut sheet or other graphic and narrative description of the light standards, fixture heads, and/or luminaires with specification data.
b. Photometric curves indicating both vertical and horizontal candle-power distribution.
c. A plan of the site superimposed with a grid of not more than 20 feet between light sources showing the calculated footcandle levels at average site grade at the center of each twenty-foot grid.

10. All site lighting shall be installed utilizing underground cable.

Illumination standards.

1. Except as otherwise provided in the following provisions of this section, all parking and loading areas and walkways shall be illuminated so as to produce a uniform minimum average illumination within such areas of two footcandles of illumination, measured at the ground level.
2. Lighting fixtures or standards without cutoff-type luminaires or with globe-style luminaires shall be no higher than 15 feet and shall have a maximum illumination output of not more than 10,000 lumens.
3. Lighting fixtures or standards with a cutoff-type luminaire shall be no higher than 25 feet with a maximum average illumination of the property, measured at ground level over the site, of five footcandles.
4. Except as may be otherwise approved by the Planning and Zoning Commission, where parking and loading areas are adjacent to residential areas, the maximum average illumination of the area between the rear building wall line and the property line abutting a residential area shall be one footcandle, measured at ground level over the site, provided that at the property line abutting a residential area, the maximum illumination of the property shall be no higher than 0.1 footcandle.
5. Where parking or loading areas abut residential property, the fixture head shall be of an appropriate type which controls the lighting pattern and shields such residential property from direct view of the light source. In order to achieve this end, reflector shields may be required for fixture heads.
6. Globe-style fixture heads (including other shapes, such as acorn or cylinder styles) may only be used as decorative accents along the front of properties or buildings which face bordering streets which are occupied by, or zoned for, commercial or light industrial uses and where adjoining uses on the same side of the street are not residential. No such fixtures shall be located in any side or rear yard. Globe-style fixture heads shall be of the types which are frosted or translucent so that the bulb lighting source is not visible and that emitted light is diffused.

Stream buffer protection
In addition to any applicable requirements of Article IX (Subdivisions and Land Development), § 26-44 (Land development standards) relating to stormwater drainage, regulations for providing stream buffer protection shall apply to all land development activity as provided for in this section.

Purposes. The purpose of this section is to protect the public health, safety, environment and general welfare; to minimize public and private losses due to erosion, siltation and water pollution; and to maintain stream water quality by provisions designed to:

1. Create buffer zones along the streams within the City for the protection of water resources;
2. Minimize land development within such buffers by establishing buffer zone requirements and by requiring authorization for any such activities;
3. Protect, restore, and maintain the chemical, physical and biological integrity of streams and their water resources;
4. Remove pollutants delivered in urban stormwater;
5. Reduce erosion and control sedimentation;
6. Protect and stabilize stream banks;
7. Provide for infiltration of stormwater runoff;
8. Maintain base flow of streams;
9. Contribute organic matter that is a source of food and energy for the aquatic ecosystem;
10. Provide tree canopy to shade streams and promote desirable aquatic habitat;
11. Provide riparian wildlife habitat;
12. Furnish scenic value and recreation opportunity; and
13. Provide opportunities for the protection and restoration of green space.

Applicability. This section shall apply to land development activity involving new subdividing and platting activities on property containing a stream protection area as defined in Subsection C of this section. These requirements are in addition to and do not replace or supersede any other applicable buffer or floodplain requirements established under state law, this chapter, or City ordinance, and approval or exemption from these requirements does not constitute approval or exemption from buffer requirements established under state law or City ordinance or from other applicable local, state or federal regulations.

1. Exceptions. See § 26-24B.1 for details.

2. Exemptions. See § 26-24B.2 for details.

Definitions. See § 26-24C for a list of terms associated with stream buffer protection.

Land development requirements. The land development requirement shall apply as set forth below:

1. Buffer and setback requirements. All land development activity subject to this section shall meet the following requirements:

a. For streams depicted as a solid blue line on the USGS Map, an undisturbed natural vegetative buffer shall be maintained for 50 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. For all other streams subject to this section, an undisturbed natural vegetative buffer shall be maintained for 25 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank.

b. An additional setback shall be maintained for 25 feet, measured horizontally, beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, filling and earthmoving shall be minimized within the setback.

c. No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback.

2. Variance procedures. Variances from the above buffer and setback requirements may be granted in accordance with the following provisions:

a. Where a parcel was platted prior to the effective date of this section, and its shape, topography or other existing physical condition prevents land development consistent with this section, and the Board of Adjustment of the City finds and determines that the requirements of this section prohibit the otherwise lawful use of the property by the owner, the Board of Adjustment of the City may grant a variance from the buffer and setback requirements hereunder, provided that such variance requires mitigation measures to offset the effects of any proposed land development on the parcel.

b. Except as provided above, the Board of Adjustment of the City shall grant no variance from any provision of this section without first conducting a public hearing on the application for variance and authorizing the granting of the variance by an affirmative vote of the Board of Adjustment. The City shall give public notice of each such public hearing in a newspaper of general circulation within the City. The City shall require that the applicant post a sign giving notice of the proposed variance and the public hearing. The sign shall be of a size and posted in such a location on the property as to be clearly visible from the primary adjacent road right-of-way.

3. Conditions for considering variances.

a. Variances will be considered only in the following cases:

(1) When a property's shape, topography or other physical conditions existing at the time of the adoption of this section prevents land development unless a buffer variance is granted.
(2) Unusual circumstances when strict adherence to the minimal buffer requirements in the chapter would create an extreme hardship.

b. Variances will not be considered when, following adoption of this section, actions of any property owner of a given property have created conditions of a hardship on that property.

4. Information required. See § 26-24D.4 for details.

5. Factors for determination. The following factors will be considered in determining whether to issue a variance:

a. The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;
b. The locations of all streams on the property, including along property boundaries;
c. The location and extent of the proposed buffer or setback intrusion; and
d. Whether alternative designs are possible which require less intrusion or no intrusion;
e. The long-term and construction water-quality impacts of the proposed variance;
f. Whether issuance of the variance is at least as protective of natural resources and the environment.

Additional information requirements for development on buffer zone properties. See § 26-24E for detailed information.

Responsibility. Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of this section shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon the City, its elected officials, boards, commissions, officers or employees, for injury or damage to persons or property.

Inspection.

1. The City may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the City in making such inspections. The City shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this section, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area.

2. No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties.

Violations, enforcement and penalties. See § 26-24H for detailed information.

Administrative appeal and judicial review.

1. Administrative appeal. Any person aggrieved by a decision or order of the City may appeal, in writing, within 15 days after the issuance of such decision or order to the Director of Public Services of the City and shall be entitled to a hearing before the Board of Adjustment of the City within 30 days of receipt of the written appeal.

2. Judicial review. Any person aggrieved by a decision or order of the City, after exhausting all administrative remedies, shall have the right to appeal de novo to the St. Louis County Circuit Court.

Temporary uses and structures

1. Temporary use permit. The Director of Public Services is authorized to issue a permit for the temporary uses identified in Subsection G2 of this section. Any such permit shall be issued for a specified period of time and shall contain such health, safety, and traffic restrictions deemed reasonable by the Director of Public Services and may require such assurances or guarantees of compliance with conditions as are deemed necessary by the Director of Public Services.

2. Temporary uses permitted. In addition to the uses approved subject to the restrictions of this article, the following temporary uses are authorized:

a. Christmas tree sales. Christmas tree sales in any business or industrial district for a period not to exceed 60 days. Display of Christmas trees need not comply with the applicable yard setback requirements, provided that no display will encroach within the required yard setback for any district by more than 50% and no display or equipment shall be located within the thirty-foot sight distance triangle of a street intersection as defined in this chapter.
b. Contractor's offices. Temporary buildings or trailers may be used as construction offices, field offices or for storage of materials to be used in connection with the development of the tract, provided that the temporary structures are removed from the tract within 30 days after completion of the project development. Temporary buildings or trailers must also be removed from the tract within 30 days after voluntary suspension of work on the project or development, or after revocation of building permits, or on order by the Director of Public Services upon a finding by him that the temporary structure is deemed hazardous to the public health and welfare. A bond in the amount of $1,000 for their removal shall be posted with the City.
c. Real estate offices. Temporary real estate offices or sales offices may be established in a display dwelling unit.
d. Seasonal sales. Seasonal sale of farm produce grown on the premises, in an R-1 District. Structures incidental to such sale need not comply with the applicable front yard requirements, provided that no such structure shall be located within the thirty-foot sight distance triangle of a street intersection as defined in this chapter. All such structures shall be removed at the end of the season during which they are used.
e. Special promotional events by businesses. Special promotional events involve the temporary display of merchandise or sales activities (including the provision of music, entertainment, food, and beverages) which are accessory to, or promoting, the existing permitted or conditionally permitted use(s) of a parcel.

(1) Any business conducting a special promotional event or events totaling more than 30 calendar days within a calendar year (either consecutive or in total) will require approval of the Crestwood Planning Commission.
(2) As part of the special event, the installation or erection of temporary facilities or temporary structures and approved signage may be included.
(3) All such promotional events shall be conducted within paved or enclosed areas of the parcel and shall not otherwise interfere with traffic circulation or emergency access.
(4) All temporary facilities and/or signs used for any such special promotional event shall conform to all applicable City ordinances.

3. Temporary dwelling structures. No cabin, garage, cellar, basement, or temporary structure, whether of a fixed or movable nature, may be erected, altered, or moved upon and used in whole or in part for any dwelling purposes whatsoever for any length of time whatsoever.

4. Temporary commercial structures. Except as provided for in Subsection F2b and e of this section, no cabin, garage, storage facility, cellar, basement, tent, or other temporary structure or facility, whether of a fixed or movable nature, may be erected, installed, altered, or moved upon and used in whole or in part for any commercial purposes whatsoever for any length of time whatsoever.

Traffic impact studies
The regulations of this section are intended to help ensure that the traffic and transportation impacts of proposed developments are identified, evaluated and mitigated as necessary. The purpose of a transportation impact study is to assess the effects that development will have on traffic conditions, transit users, pedestrians, bicyclists and neighborhood livability.

When required.

1. A traffic impact study, at the applicant's expense, is required at the time of application for approval of any residential or commercial development that qualifies as a major subdivision, as defined by Article IX (Subdivisions and Land Development), § 26-40 (Generally), Subsection C (Subdivisions: major), of this chapter. A traffic impact study shall also be required at the time of application for approval of any conditional use permit, unless waived by the Director of Public Services pursuant to Subsection A3 of this section. The Director of Public Services shall not waive the requirement for a traffic study for any application for approval of any conditional use permit that includes the demolition or construction of a new structure or structures, preliminary subdivision plat, or other similar site-specific development plan if, under the estimation of City staff:

a. The proposed development, or phases of development, or contiguous tracts under the same ownership would accommodate or could be expected to generate 100 or more added vehicle trips to or from the site during the peak traffic hour (based on the proposed development or the adjacent roads and intersections); or
b. The proposed development, or phases of development, or contiguous tracts under the same ownership would accommodate or could be expected to generate 1,000 or more added vehicle trips to or from the site during a twenty-four-hour period (based on the proposed development or the adjacent roads and intersections).

2. In calculating the number of added vehicle trips expected to be generated, trip generation rates must be obtained from the most recent editions of Trip Generation and Trip Generation Handbook, published by the Institute of Transportation Engineers (ITE). Only new vehicle trips will be counted; no pass-y or internal trip capture will be used in calculating added vehicle trips.
3. The Director of Public Services may waive the requirement for a traffic impact study, in whole or in part, when the applicant shows that the proposed development's impact on adjacent roads, intersections, pedestrian, bicycle and transit facilities will be minimal and insignificant, or will be no greater than those projected by a traffic impact study prepared and submitted within the past two years for the same site under the same or similar background conditions. The City Planner must document the reasons for any waiver.

Study area. The traffic impact study must address the proposed development's traffic impacts on at least:

1. Roads, sidewalks, bicycle routes, transit facilities and intersections within the development site, as designated by City staff;
2. Road segments, sidewalks, bicycle routes, transit facilities and intersections abutting the development site as designated by City staff; and
3. Off-site road segments and intersections where traffic from the proposed development is expected to account for at least 10% of the road's or intersection approach leg's average daily traffic.

Qualifications. Traffic impact studies must be prepared by a licensed professional civil engineer registered in the State of Missouri and certified as a transportation or traffic engineer.

Study contents. Traffic impact studies must include charts, graphics, photos and narrative presenting at least the following information:

1. A description of existing land uses and development intensities in the study area, the location and characteristics of roads, sidewalks, bicycle routes, transit facilities and intersections in the study area, and the existing traffic volumes and conditions (including levels of service) of those facilities;
2. A description of the location and traffic-related characteristics (land use, intensity, expected date of full build-out and occupancy, vehicular access points, pedestrian connections, bicycle routes and transit facilities and characteristics, etc.) of the proposed development and other developments in the study area that are under construction, approved, or pending approval, as well as roadway and other transportation facilities and improvements in the study area that are under construction, programmed or planned;
3. Projections of future background traffic (existing vehicular, pedestrian, bicycle and transit volumes forecasted to build-out year levels based on agreed upon traffic growth rate) plus traffic generated by other development in the study area that is under construction, approved, or pending approval, future site traffic and total future traffic (the sum of future background traffic and future site traffic);
4. Future background and site traffic projections must be made for the peak hours (as identified by the Director of Public Services staff) of the adjacent road segments and intersections and for the development's expected full build-out and occupancy date, and must include trip generation, trip distribution (using preapproved distribution by the Director of Public Services staff), and traffic assignment estimates;
5. Studies of the proposed development's incremental impacts on:

a. Road capacity during peak hours at all site access points and at road segments and intersections in the study area (including determination of the level of service for the road segments and intersections, queuing vs. existing/proposed storage);
b. The need for signalization of intersections in the study area;
c. Pedestrian, bicycle and transit-user safety and convenience; and
d. Existing or potential high accident areas (as determined by City staff).

6. A qualitative study/review of sight distance at access points, when required by the Director of Public Services staff;
7. A description of the location, nature, and extent of site access and transportation improvements and other measures recommended to mitigate any failure to meet traffic operation standards due to the proposed development's traffic impacts, including the expected effectiveness of each mitigation measure in addressing deficiencies, the feasibility of implementing the measures, suggested allocation of responsibility for funding and implementing the measures, the measures' relationship to planned public transportation improvements, and a suggested time schedule for the implementation of the measures;
8. Resumes of the preparers of the study, demonstrating specific education, training, and professional experience in traffic-related studies and, if the study involves roadway or traffic signal design, traffic engineering; and
9. Identification of all assumptions and data sources used in its projections, studies and recommendations.

Tree preservation and replacement standards
A. Purpose.

1. The purpose of this section is to encourage the preservation of desirable trees, woodlands, and natural features. The intent of the preservation of existing tree resources within the community is to:
a. Preserve and improve visual landscape character and aesthetics;
b. Promote filtering of air pollutants, oxygen regeneration, ground water recharge, reduce stormwater runoff, improve water quality, stabilize soil, attract wildlife, and prevent erosion;
c. Reduce the effects of urban heat island;
d. Protect tree plantings that provide functional traffic calming benefits; and
e. Protect property values.

B. Applicability. Except where specifically exempt in this section, requirements stated herein are applicable to all existing private and public properties, public rights-of-way, all vacant and undeveloped land, properties proposed for subdivision, properties applying for conditional use permit, properties applying for site plan review, properties applying for building permits, and all properties to be redeveloped including additions and alterations.

For more information see § 26-21.5: Tree preservation and replacement standards.

Uses prohibited near redevelopment areas
In any zoning district within the City, the following uses are prohibited within 300 feet of any area designated by the City, or any land clearance for redevelopment authority established by the City, as a blighted area or a redevelopment area pursuant to Chapter 99 or 353, RSMo., or this Code:

1. Sexually oriented businesses, as defined in § 13-162;
2. Automotive sales, rentals and lease;
3. Beer, wine, distilled alcoholic beverage merchant wholesalers, and liquor stores as a primary use, however retail outlets of greater than 10,000 square feet specializing in sales of wine and other spirits shall be permitted within such area;
4. Pawn shops;
5. Payday loan, car title loan, and other similar short-term loan establishments;
6. Thrift stores or secondhand stores; provided, however, that any entity organized pursuant to Sections 501(c)(3) or 501(c)(19) of the Internal Revenue Code may operate a retail business in the practice of reselling donated goods in areas zoned C-1, provided that at least 80% of all revenue generated by such entity is used to fund the charitable purpose of the organization; and
7. Retailers who engage primarily in buy-out or liquidation merchandise.

Vehicle service/repair uses and gasoline stations
1. No gasoline pumps, service islands, canopies, accessory buildings, and other service or pick-up facilities shall project beyond the front building setback line.
2. Oil storage. All used oils and other similar materials and products shall be stored underground or within an enclosed building.
3. All vehicle service and repair shall be conducted entirely within an enclosed building.
4. Such establishments adjacent to or integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.
5. When such establishments become vacant for a period exceeding one year, the property shall be required to remove or treat in a safe manner approved by the Department of Public Works, all flammable materials, storage tanks, or storage areas.

Yard and setback exceptions in C-1 and M-1 Districts

1. Generally. If a lot or tract of land has less area or width than required by the district regulations as applicable, and was of record on adoption of this chapter, that lot or tract may be used for any of the uses permitted by this section, including additions to existing structure and notwithstanding its nonconformance with this section, but in no instance shall there be a side yard of less than five feet on each side of the building.

2. Front yard. There shall be a front yard having a depth of not less than 30 feet, unless 40% or more of the frontage on one side of the street between two intersecting streets is improved with buildings that have observed a front yard line with a variation in depth of not more than six feet, in which case no building shall project beyond the average front yard so established. Front yards shall be measured according to future street and highway widenings as provided for in City, St. Louis County, or State of Missouri street and highway widening plans and shall comply with the setback lines herein provided for. Where lots have a double frontage, a required front yard shall be provided for on both streets, except that the buildable depth of such lot shall not be reduced to less than 40 feet, in which latter event the Director of Public Services may waive this requirement as to the street which will least affect surrounding property values.

3. Structural projection. Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, cornices, chimneys, buttresses, ornamental features, and eaves; provided, however, that none of the above projections shall extend into a minimum yard more than 30 inches; and provided, further, that canopies or open porches may project a maximum of 10 feet into the required front or rear yard, and existing open porches extending into the required yard shall not be enclosed. Slab type porches or paved terraces having a maximum height of not more than 12 inches above ground elevation at any point may project into any yard, except that the projection into the front yard shall not exceed 10 feet. For the purposes of this provision, mechanical units are not considered to be structures.

4. Fire escapes/balconies. An open fire escape may project into a required side yard not more than half the width of such yard, but not more than five feet from the building. Fire escapes, solid floored balconies, and enclosed outside stairways may project not more than four feet into a required rear yard.

5. Accessory buildings and structures. (See § 26-17F, Accessory buildings and structures.)

6. Sight distance triangle. On a corner lot in any district, site development and landscaping shall conform to the requirements of the sight distance triangle as provided for in Article V (Site and Landscape Design Standards), § 26-21B.3.a of this chapter.

7. Fences. A fence not more than six feet in height is permitted; however, fences shall not be permitted in front of the building line. [See Article V (Site and Landscape Design Standards), § 26-22 (Fencing)].

8. Commercial/industrial rear yards. No rear yard shall be required in Districts C-1 and M-1 or any lot used for business or industrial purposes, the rear line of which adjoins a railway right-of-way, or which has a rear railway right-of-way, or which has a rear railway track connection.

9. Through lots. A through lot having one end abutting a limited access highway, with no access permitted to that lot from the highway, shall be deemed to front upon the street which gives access to that lot.

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