APPENDIX A
ZONING*
Art. I. Title, §§ A-1—A-2
Art. II. Rules and Definitions, § A-3—A-5
Art. III. Establishment of Districts, §§ A-6—A-20
Art. IV. Application of Regulations, §§ A-21—A-30
Art. V. Provisions Governing Residential Districts, §§ A-31—A-40
Art. VI. Provisions Governing Business Districts, §§ A-41—A-50
Art. VII. Provisions Governing Industrial Districts, § A-51
Art. VIII. Provisions Governing Special Districts, §§ A-52—A-60
Art. IX. Supplementary Regulations, §§ A-61—A-62
Art. X. Communication Antennae and Support Structures, §§ A-63—A-70
Art. XI. Off‑Street Parking and Loading Requirements, §§ A-71—A-80
Art. XII. Community Unit Plans, §§ A-81—A-90
Art. XIII. Nonconforming Uses and Buildings, §§ A-91—A-100
Art. XIV. Administration and Enforcement, §§ A-101—A-102
Art. XV. Interpretation of Ordinance, § A-103—A-110
Art. XVI. Board of Adjustment, §§ A-111—A-120
Art. XVI‑A. Amendments, §§ A-121—A-130
Art. XVII. Violations and Penalties, §§ A-131—A-140
Art. XVIII. Validity, § A-141
Art. XIX. Conflicting Ordinances Repealed, § A-142
Art. XX. § A-143
BILL NO. 5097
ORDINANCE NO. 5085
AN ORDINANCE TO PROVIDE COMPREHENSIVE ZONING REGULATIONS FOR THE HEALTH, SAFETY, MORALS AND THE GENERAL WELFARE OF THE INHABITANTS OF THE CITY OF KIRKWOOD, MISSOURI; TO REGULATE THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, COMMERCE, INDUSTRY, RESIDENCE AND OTHER PURPOSES; TO REGULATE AND RESTRICT THE ERECTION, CONSTRUCTION, RECONSTRUCTION OR ALTERATION OF BUILDINGS OR STRUCTURES; TO REGULATE AND RESTRICT THE HEIGHT, NUMBER OF STORIES AND SIZE OF ALL BUILDINGS AND STRUCTURES AND THE SIZE OF YARDS AND OTHER OPEN SPACES SURROUNDING BUILDINGS OR STRUCTURES; TO PROVIDE FOR PARKING AND LOADING SPACES; TO REGULATE AND RESTRICT THE DENSITY OF POPULATION WITHIN THE CITY; AND FOR ALL OF SAID PURPOSES TO DIVIDE THE CITY INTO DISTRICTS; TO PROVIDE FOR CHANGES AND AMENDMENTS; TO PROVIDE FOR THE SEVERABILITY OF PROVISIONS; TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THE VARIOUS REGULATIONS AND RESTRICTIONS; TO PRESCRIBE PENALTIES AND REMEDIES FOR THE VIOLATION OF ITS PROVISIONS; TO PROVIDE FOR A BOARD OF ADJUSTMENT AND THE CONTINUATION OF THE EXISTING BOARD OF ADJUSTMENT AND FOR ITS POWERS, DUTIES, AND JURISDICTION; TO ADOPT AS A PART HEREOF A DISTRICT MAP; AND REPEALING ORDINANCE NUMBER 4517 AND ALL AMENDMENTS THERETO AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, the Planning and Zoning Commission of the City of Kirkwood, Missouri did file on November 9, 1966 a preliminary report encompassing proposed comprehensive zoning regulations and a proposed District Map to implement the Master Plan of the City prepared in 1962, and
WHEREAS, on November 30, 1966 and December 6, 1966 after due and legal notice, the Planning and Zoning Commission did hold and conduct Public Hearings on its preliminary report, and
WHEREAS, thereafter the Planning and Zoning Commission did file with this Council its final report and recommendations, and
WHEREAS, this Council did on the 2nd day of February hold and conduct a Public Hearing after due and legal notice as to the said final report.
NOW
THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
ARTICLE I. TITLE
Sec. A-1. Short title.
This ordinance, and ordinances supplemental or amendatory thereto, shall be known as and may be cited as "The Zoning Ordinance of Kirkwood, Missouri."
Sec. A-2. Reserved.
ARTICLE II. RULES AND DEFINITIONS
Sec. A-3.
In the construction and interpretation of this ordinance, the rules and definitions contained in this Article shall be observed and applied except when the context clearly indicates otherwise.
(a) Rules for construction of language:
(1) Rules applying to text of ordinance. The following rules of construction apply to the text of this ordinance and supplements and amendments thereto.
a. The particular shall control the general.
b. In case of any difference of meaning or implication between the text of this ordinance and any caption or illustration, the text shall control.
c. The word "shall" is mandatory and not discretionary. The word "may" is permissive.
d. Words used in the present tense shall include the future. Words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
e. The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for", or "occupied for".
(b) Definitions
(1) Accessory Use or Structure: A structure or use that (a) is subordinate to and serves a principal building or a principal use; (b) is subordinate in area, extent, and purpose to the principal structure; (c) contributes to the comfort, convenience, or necessity of the occupants, business, or industry of the principal structure or use served; and (d) is located on the same lot as the principal structure or use served. An accessory structure attached to a principal building in a substantial manner by a wall or roof shall be considered part of the principal building.
(2) Alley: A narrow serviceway providing a secondary public means of access to abutting properties.
(3) Alterations: As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another, or any change in use from that of one district classification to another.
(4) Alterations, structural: Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
(5) Antenna: Any device that transmits and/or receives electromagnetic signals for voice, data or video communications purposes including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications.
(6) Antenna equipment cabinet: A structure for the protection and security of communications equipment associated with one or more antennae where direct access to equipment is provided from the exterior and that has horizontal dimensions that do not exceed four feet by six feet and vertical height that does not exceed six feet.
(7) Antenna equipment shelter: A building for the protection and security of communications equipment associated with one or more antennae and where access to equipment is gained from the interior of the building. Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected antenna is prohibited.
(8) Antenna support structure: A tower or disguised support structure but excluding those support structures under fifty-five (55) feet in height owned and operated by an amateur radio operator licensed by the FCC.
(9) Apartment: A room or suite of rooms in a multiple‑family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit, and which contains a complete kitchen, bath, and toilet facilities, permanently installed.
(10) Apartment house: A building arranged, intended or designed for three (3) or more apartments.
(11) Area, building: The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
(12) Automobiles, antique and classic: Automobiles over twenty‑five (25) years old, and/or that are classified "classic" by the official Classic Car Club of America, which are owned solely as collector's items and intended to be used for exhibition and educational purposes.
(13) Automobile and other motor vehicle repair major: Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; and overall painting of vehicles.
(14) Automobile repair minor: Incidental repairs, replacement of parts, and motor service to automobiles, but not including any operation specified under "automobile and other motor vehicle repair, major."
(15) Bakery shop: An establishment whose principal business is the sale of bakery goods in a ready‑to‑consume state. These products may be prepared on the premises but the establishment shall have no area for seating or consumption. These shops shall be exceptions to the definition of restaurant and are to be considered food stores.
(16) Balcony: A platform enclosed by a parapet or a railing projecting from a wall or a building.
(17) Basement: A story partly underground but having at least one‑half (1/2) of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five (5) feet or if used for business or dwelling purposes.
(18) Bed and breakfast establishment: A one‑family detached dwelling in which the operator resides and in which up to four (4) rooms are rented to no more than eight (8) overnight guests at any particular time. Rooms shall be rented on a daily basis and for no more than fourteen (14) consecutive days to any particular guests. Meals may be provided to overnight guests without compliance with regulations pertaining to restaurants. There shall be no exterior evidence of such establishment except a nonilluminated sign not exceeding two (2) square feet may be attached to the building. There shall be no accessory uses, structures or buildings other than those that are customarily incidental and subordinate to a one‑family dwelling.
(19) Boardinghouse: A building other than a hotel where for compensation and by prearrangement for definite periods, meals or lodging or both, are provided for three (3) or more persons, but not exceeding twenty (20) persons.
(20) Buildable lot. The following tracts of land shall be considered a "buildable lot" as that term is used herein:
a. A lot of record which satisfies the minimum width and size requirements of the current zoning laws.
b. A lot of record which was developed with a single family residential structure on or after February 24, 1967.
c. A legally created existing residential lot of record at least 40 feet wide and with a minimum area of 4,000 square feet shall permit the construction of one single-family dwelling. However, the construction shall conform to all regulations of the residential zoning district, such as yard areas, height, percentage of lot coverage, dwelling standards, off-street parking, and other applicable provisions.
(21) Building: A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels, or property. When separated by party walls, each portion of such building shall be considered a separate structure.
(22) Building, front line of: The line of that face of the building nearest the front line of the lot.
(23) Building, height (excluding R-1, R-2, R-3, and R-4 zoning districts): The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
(24) Building, height (R-1, R-2, R-3, & R-4 zoning districts only): The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the building. This measurement shall include flat, mansard, gable, hip and gambrel roofs, and all other architectural features of the building. The ordinary elevation of chimneys and flues may extend above the allowed building height, as regulated by the Building Code.
(25) Building lines: The lines along the interior side of required front, rear and side yards.
(26) Camp: Any one or more of the following, other than a hospital, place of detention or school offering general instruction.
a. Type 1—Any area of land or water on which are located two (2) or more cabins, tents, trailers, shelters, houseboats or other accommodations of a design or character suitable for seasonal or other more or less temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise; or
b. Type 2—Any land, including any building thereon, used for any assembly of persons for what is commonly known as "day camp" purposes; and any of the foregoing establishments whether or not conducted for profit and whether or not occupied by adults or by children, either as individuals, families or groups.
(27) Candy shop: An establishment whose principal business is the sale of candy in a ready‑to‑consume state. These products may be prepared on the premises but the establishment shall have no area for seating or consumption. These shops shall be exceptions to the definition of restaurant and are to be considered food stores.
(28) Catering establishment: An establishment whose sole business is the preparation and delivery of food for private parties, receptions, banquets, and similar functions whose attendance is in excess of fifteen (15) individuals; and no food is served or consumed on the premises.
(29) Cellar: A story having more than one‑half (1/2) of its height below grade. A cellar shall not be counted as a story for the purpose of height measurement or restriction.
(30) City:
The City of
(31) Commercial school: A school supported primarily by student fees, which offers instruction in one or more specialized skills and which is not accessory to a permitted retail use.
(32) Continuing Care Retirement Facility: A building or complex of buildings that provides elderly housing, catered living, and/or assisted living dwelling units, skilled and intermediate care nursing units and accessory services for residents of the facility; and programs, outpatient care, and rehabilitation services provided by the facility to the general public.
(33) Convenience store: A food store, as defined, having a gross area of five thousand (5,000) square feet or less. Motor fuel shall not be sold or dispensed on the premises and shall not be considered a secondary use to a convenience store. Convenience stores which dispense or sell motor fuel on the premises are defined as convenience/gas stores.
(34) Coverage, lot: The percentage of lot area covered by all buildings or structures on the lot (footprint) divided by the lot area. Buildings include any structure or part of a structure covered by a roof including, but not limited to, residences, unenclosed porches, garages, gazebos, sheds, breezeways, carports, etc. An area not to exceed 300 square feet of an unenclosed front porch shall be deducted from the lot area coverage. The area of lot coverage is calculated from the foundation footprint at grade of all buildings.
(35) Coverage: The percentage of the lot area covered by the building area obtained by dividing the building area by the lot area.
(36) Day care center: A day care center is a group program providing for more than ten (10) children in a family home or more than four (4) children in a facility other than a family home.
(37) Director: The Director of Public Works or his/her designee.
(38) Disguised support structure: Any free-standing man-made structure designed for the support of antennas, the presence of which is camouflaged or concealed as an appropriately-placed architectural or natural feature. Such structures may include, but are not limited to, clock towers, campaniles, observation towers, signs, light standards, flag poles, and artificial trees.
(39) District: A section of the city for which uniform regulations governing the use, height, area, and intensity of use of buildings and land, and open spaces about buildings, are herein established.
(40) Domiciliary home: An institution which furnishes food, shelter and other nonmedical services, together with personal services such as assistance in normal daily activity, help with dressing, and supervision of medications only for three (3) or more individuals not related to the operator, and does not furnish or provide skilled nursing care, (and does] not admit and maintain bed patients.
(41) Dwelling: A building designed or used exclusively as the living quarters for one or more families.
(42) Dwelling, one‑family: A detached building designed for or occupied exclusively by one (1) family.
(43) Dwelling, two‑family: A building designed for or occupied exclusively by two (2) families living independently of each other.
(44) Dwelling, multifamily: A dwelling or group of dwellings on one (1) lot containing separate living units for three (3) or more families, but which may have joint services or facilities or both.
(45) Dwelling group: A group of two (2) or more one‑family, two‑family or multiple dwellings occupying a lot in one (1) ownership and having any yard in common.
(46) Dwelling, row: A dwelling, the walls on one (1) or two (2) sides of which are in common with the walls of adjoining dwellings and are party or lot line walls.
(47) Dwelling unit: A building or portion thereof providing complete housekeeping facilities for one family.
(48) FAA: The Federal Aviation Administration.
(49) Family: An individual or married couple and the children thereof and no more than two (2) other persons related directly to the individual or married couple by blood or marriage and not more than one (1) unrelated person (excluding servants) or otherwise a group of not more than four (4) persons living together as a single housekeeping unit in a dwelling unit.
(50) Family day care home: A family home in which family-like care is given to six children or less, not related to the day care provider, for any part of the 24-hour day: A family day care home which shall conform to the following minimum standards and restrictions:
a. That each family day care home shall not provide for more than six (6) children not related to the day care operator.
b. That no such home shall be permitted unless it is licensed by the Department of Public Health and Welfare, Division of Welfare, State of Missouri.
c. That not more than one (1) such
home shall be permitted on each block. That the term "block" as used
herein means on both sides of the street between two intersecting streets, or
from an intersecting street to the dead end of a street. That in no instance
shall there be more than thirty (30) such family day care homes established and
permitted within the City of
d. That no family day care home shall be permitted unless the yard in which the home would operate meets the minimum requirements of the zoning district in which the home is located.
e. That a permitted family day care home shall operate only within the hours of 7 a.m. to 7 p.m. for the care of children not related to the day care operator.
f. That the occupancy permit for a family day care home shall be granted for twelve (12) months, at the end of which time the operator shall be required to apply for a renewal of the occupancy permit for said permitted use. At the time of so applying, the operator must demonstrate and show to the Building Commissioner that the family day care home complies with all of the minimum standards herein set forth before the occupancy permit for said permitted use may be renewed.
g. There shall be no advertisement or any signs whatsoever displayed on or about a family day care home, nor shall there be any advertisement in any publication or media advertising the home as a family day care home.
h. A family day care home shall only be
permitted in the residential districts of the City of
(51) FCC: The Federal Communication Commission.
(52) Floor: The bottom or lower part of a room on which one stands or the horizontal structure which divides a building into stories.
(53) Floor area ratio: The total floor area of the building determined by adding each of the stories including second floor areas open to the floor below and 50% of the attached garage, divided by the total lot area. Basement areas, unenclosed porches, and half-story (attic) living areas are excluded. Floor area for the first and full second floor shall be measured from the exterior of the building.
(54) Floor area ratio (F.A.R.): The total floor area of the building or buildings on a lot divided by the area of such lot, or in the case of a "multiple‑ dwelling plan" as herein defined, by the net site area.
(55) Food store: An establishment having a gross area of over five thousand (5,000) square feet whose principal business is the sale of prepackaged food items not for consumption on the premise and other household items. The sale of ready‑to‑consume foods and non-alcoholic beverages are permitted as a secondary use when less than 10 percent of the interior space of the establishment is used for a serving area, seating/consumption area or any combination thereof. This shall include, but not be limited to, grocery stores, supermarkets, bakery shops, candy shops, and convenience stores. Motor fuel shall not be sold or dispensed on the premises are defined as food/gas stores.
(56) Food/gas stores: Same as food store, except includes sale or dispensing of motor fuel on premises.
(57) Frontage: All of the property abutting on one (1) side of a street or places (crossing or terminating) or, if the street or place is dead‑ended, then all of the property abutting on one (1) side between an intersecting street or place and the dead end of the street or place.
(58) Garage, private: An accessory building, housing not to exceed four (4) motor‑driven vehicles, for the first dwelling unit plus two (2) additional motor‑driven vehicles for each additional dwelling unit, the property of and for the use of the occupants of the lot or the site area on which the private garage is located.
(59) Garage, public: Any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
(60) Group day care home: A group day care home is a family home in which family‑like care is given to [at least] seven (7), but not more than ten (10) children, not related to the day care provider, for any part of the twenty‑four‑hour day.
(61) Height, Towers: The vertical distance measured from the average grade to its highest point and including the main structure and all attachments thereto.
(62) Home occupation: An accessory use of a service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small nameplate not more than one (1) square foot in area, and in connection therewith there is not involved the keeping, storing or maintaining of an inventory, equipment or machinery; there is no commodity sold upon or from the premises; nor more than one (1) person is employed, other than a member of the immediate family residing on the premises; no mechanical equipment is used except such as is normally used for purely domestic or household purposes and vehicles in connection with the home occupation shall comply with Article XI, Section 2, paragraph (a)(1) of the Zoning Ordinance. The offices of a physician, surgeon, dentist or other professional person, including an instructor in violin, piano or other individual musical instrument limited to a single pupil at a time, who offers skilled services to clients, and is not professionally engaged in the purchase or sale of economic goods, shall be deemed to be home occupations so long as they are within the requirements herein set forth.
(63) Hospital: Unless otherwise specified, the term "hospital" shall be deemed to include sanitarium, sanitorium, preventorium, clinic, rest home, convalescent home and any other place for the diagnosis, treatment or other care of ailments, and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments, and shall not be deemed to include domiciliary homes. The term "hospital" may include medical clinics, medical or surgical facilities, or medical, dental or physician office buildings when such buildings or facilities are situated on the same zoning lot or on a zoning lot immediately contiguous to the zoning lot upon which an above‑defined institution is located and are owned by said institution.
(64) Hotel or motel: A building or group of buildings in which lodging is provided and offered to the public for compensation and in which ingress and egress to and from rooms is controlled or regulated through an inside lobby or office supervised by a person in charge at all hours, and which is open to transient guests, in contradistinction to a boardinghouse or lodging house. A restaurant and other accessory services may also be provided on the same premises.
(65) Laundromat: A business that provides home‑type washing, drying and/or ironing machines and/or dry cleaning machines for hire to be used by customers on the premises.
(66) Line, building: (See "building lines")
(67) Loading space: A space within the main building or on the same lot therewith providing for the standing, loading or unloading of trucks.
(68) Lodging house: A building where lodging only is provided for compensation to three (3) or more, but not exceeding twenty (20) persons, in contradistinction to hotels open to transients.
(69)
(70)
(71)
(72)
(73)
(74)
(75) Lot of record: A full and undivided lot which is part of a subdivision, the plat of which has been recorded in the office of the recorder of deeds; or a parcel of property described by metes and bounds, the description of which was recorded in the office of the recorder of deeds prior to incorporation or annexation by the City of Kirkwood or prior to February 24, 1967; or a developed parcel of property recorded in the office of the recorder of deeds.
(76) Lot, through: A lot having frontage on two (2) parallel or approximately parallel streets, and which is not a corner lot.
(77)
(78) Mezzanine: An intermediate or fractional story between the floor and ceiling of a main story extending over part of the next floor below.
(79) Net site area: The total area of a lot being developed as a single or unified development, less areas to be dedicated for public use.
(80) Nonconforming use: Any building or land lawfully occupied by a use which was in accordance with the zoning regulations, if any, in existence when the use commenced and which through subsequent enactments or changes of zoning regulations, either prior to the passage of this ordinance or by the passage of this ordinance, or amendments thereto, which does not conform or did not conform thereafter, with the use regulations of the district in which it is situated.
(81) Nursing home: A facility in which all nursing care shall be under the direction of a registered professional nurse or licensed practical nurse who shall assume responsibility for all nursing care within the facility and who shall perform duties under the general direction of a person licensed to practice medicine and surgery in the State of Missouri. A nursing home is one so equipped and designed that it may accommodate convalescent or other persons who are not acutely ill and not in need of hospital care but who do require skilled nursing care under the direction of a licensed physician. The term "nursing home" means a private home, institution, building, residence or other place whether operated for profit or not which provides through its ownership or management, personal and nursing care for three or more individuals not related to the operator.
(82) Parabolic antennae: Also referred to as "earth stations," "disk type satellite signal‑receiving antennae," "ground stations," "microwave antennae," or "microwave repeater":
a. A signal‑receiving device, the purpose of which is to receive communication or other signals from satellites in earth orbit and other extraterrestrial sources, or
b. A reflector used for receiving, transmitting, or amplifying microwave signal beams.
Editor's
note—Section 1 of Ordinance No.
7452 purported to amend App. A, Art. II, § 1(b) by adding subsection
(62) and renumbering the existing subsections; however, to conform to existing
format, subsection (62) has been redesignated as (62a) at the discretion of the
editor.
(83) Parking lot: Any place, lot, parcel or yard used in whole or in part for the storage or parking of two (2) or more vehicles where such usage is not incidental to or in conjunction with a dwelling, or other usage permissible in dwelling districts and located on the same tract.
(84) Parking space: An off‑street space available for the parking of one motor vehicle, and having an area of not less than one hundred sixty‑two (162) square feet exclusive of passageways and driveways appurtenant thereto and giving access thereto and having direct access to a street or alley.
(85) Place: An open unoccupied space other than a street or alley, permanently reserved as the principal means of access to abutting property.
(86) Residential hotel: A dwelling occupied by permanent guests only and not by transients. It may include restaurants, newsstands and other accessory services primarily for serving its occupants and only incidentally the public.
(87) Reserved.
(88) Restaurant: An establishment or any portion thereof whose business includes the sale of food, frozen desserts, or beverages in a ready‑to‑consume state for (1) consumption on the premises; (2) carry out; (3) delivery or any combination thereof. The interior space of such an establishment can be used for (the] preparation of food, [as a] serving area, seating/consumption area, or any and all combinations thereof. Except as otherwise limited herein, this shall include, but not be limited to, deli's; fast‑food restaurants; pizza restaurants; pizza delivery establishments; sit‑down restaurants; ice cream and frozen dessert stores; banquet halls; bakery shops which serve food to be eaten on the premises; and candy shops which serve food to be eaten on the premises. Drive‑thru restaurants and drive‑in restaurants are not included in this definition and are defined hereinbelow as Restaurants, drive‑thru/drive‑in.
(89) Restaurants, drive‑thru/drive‑in. An establishment or any portion thereof whose business includes the sale of food, frozen desserts, or beverages in a ready‑to‑consume state for service to vehicle occupants while they remain in the vehicle. The interior space of such an establishment can be used for [the] preparation of food, (as a] serving area, seating/consumption area, or any and all combinations thereof. This shall include, but not be limited to, deli's; fast‑food restaurants; pizza restaurants; sit‑down restaurants; ice cream and frozen dessert stores; bakery shops; and candy shops which serve food in a ready‑to‑consume state to vehicle occupants while they remain in the vehicle.
(90) Restaurant, outdoor seating, accessory use: Restaurants in commercial districts may have outdoor seating or private property contiguous to the restaurant facility when meeting the following provisions:
a. Outdoor seating for twelve or less on pavement or decking.
b. No additional permanent structures to be installed.
c. No outdoor speakers or music.
d. Outdoor tables, chairs, umbrellas, furniture and decorative items shall be of uniform design.
e. Provisions are made for adequate litter and trash control including the providing and maintenance of trash receptacles. The outdoor area shall be kept clean and free of debris at all times.
f. Service equipment shall not be permitted outdoors.
g. Hours of use are limited from 6 a.m. to midnight except in B‑1, where it shall be limited from 7 a.m. to 10 p.m.
h. The seating shall not obstruct any entry or exit of the building or adjacent buildings.
i. An unobstructed pedestrian walkway at least six feet wide shall be maintained between the tables and the vehicle traffic way.
j. Provision shall be made for appropriate lighting which will not disturb adjacent property or affect traffic.
(91) Restaurant, outdoor seating: Outdoor restaurant seating on private property not meeting the criteria in subparagraph (68b) above for accessory outdoor seating. This Special Use Exception shall only be considered for outdoor seating contiguous to the restaurant facility and as part of (1) a restaurant or drive-in/drive thru restaurant Special Use Exception; or (2) an amendment to an existing restaurant or drive-in-drive/ thru restaurant Special Use Exception or; (3) a Special Use Exception for the expansion, extension, enlargement, of a legally non-conforming (restaurant) use. There shall be no additional fee for this part of the Special Use Exception. Granting of a Special Use Exception for this category shall take into account the matters set forth in the Special Use procedure as applicable, and the following conditions:
a. Parking. That adequate off-street parking exists for the increased restaurant use or that additional adequate off-street parking is provided. The Council may require additional off-street parking.
b. Outdoor Speakers. The use of outdoor speakers shall be determined by the City Council.
c. Outdoor tables, chairs, umbrellas, furniture or decorative items shall be of uniform design.
d. Litter Control. Provisions shall be made for adequate litter and trash control including the providing of maintenance of trash receptacles. The outdoor area shall be kept clean and free of debris at all times.
e. Hours. The hours of operation shall be as determined by the City Council.
f. Pedestrian Traffic. An unobstructed pedestrian walkway of at least six feet wide shall be maintained between the tables and the vehicle traffic way.
g. Lighting. Provision shall be made for appropriate lighting which will not disturb adjacent property or affect traffic on adjacent rights-of-way.
h. The seating shall not obstruct any entry or exist of the building or adjacent buildings.
(92) Riding academy: Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.
(93) School: An establishment for instruction in a branch or branches of knowledge.
(94) Service station A building, buildings, premises, or portion thereof, which are used, arranged, designed, or intended to be used for the dispensing or retail sale of vehicle fuel; or for the maintenance, lubrication, or minor repair of vehicles, including tire and battery sales and service.
(95) Stable, private: An accessory building in which horses are kept for private use and not for hire, remuneration or sale.
(96) Story, half: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is used for residential living purposes. Floor areas with a ceiling height of five (5) feet or greater shall be included in the computation of allowed living space. A half-story shall not contain cantilevered areas, or more than twenty-five (25) percent open dormer floor area. In single-family residences, a half-story shall not contain independent apartment or living quarters.
(97) Street: A public or private way which affords the principal means of access to abutting properties.
(98) Street grade: The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the street grade.
(99) Street, major:
(100) Street, secondary: All streets not designated as major streets.
(101) Structure: Anything constructed or erected, the use of which requires location on the ground, attachment to something having location on the ground.
(102) Tower: A structure designed for the support of one (1) or more antennae and including guyed towers, self-supporting (lattice) towers or monopoles but not disguised support structures or buildings. The term shall also not include any support structure under fifty-five (55) feet in height owned and operated by an amateur radio operator licensed by the Federal Communication Commission.
(103) Use: The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
(104) Vehicle: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
(105) Yard: A space on the same lot with a principal building, open, unoccupied, and unobstructed by structures, except as otherwise provided in this ordinance.
(106) Yard, rear: A yard extending across the full width of the lot between the rear of the principal building and the rear lot line unoccupied other than by steps, walks, terraces, driveways, lampposts, and similar structures, the depth of which is the least distance between the rear lot line and the rear of such principal building.
(107) Yard, rear: A yard extending across the full width of the lot between the rear of the principal building and the rear lot line unoccupied other than by accessory buildings which do not occupy more than thirty (30) per cent of the required space and steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the rear lot line and the rear of such principal building.
(108) Yard, side: A yard between the principal building and the side lot line, extending from the front yard or from the front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at ninety (90) degrees with the side lot line, from the nearest part of the principal building.
(109) Zoning district map: A map entitled "
Secs. A-4.—A-5. Reserved.
(Ord. No. 5370, §1(a), 1‑12‑70; Ord. No. 5603, §1(b), 6‑7‑73; Ord. No. 5834, §1,6‑12‑75; Ord. No. 5872, §1,10‑2‑75; Ord. No. 6141, §1, 6‑2‑77; Ord. No. 6160, §1, 7‑21‑77; Ord. No. 6223, §1, 1‑19‑78; Ord. No. 6306, §1,8‑3‑78; Ord. No. 6570, §§1,2,3‑20‑80; Ord. No. 6837, §1,3‑4‑82; Ord. No. 7116, §1, 11‑3‑83; Ord. No. 7451, §1,1‑2‑86; Ord. No. 7452, §1,11‑3‑83; Ord. No. 7461, §§ 1, 3, 2‑6‑86; Ord. No. 7710, §1, 11‑19‑87; Ord. No. 7768, §§1, 2, 6‑2‑88; Ord. No. 7938, §1, 1‑18‑90; Ord. No. 8043, §1,2‑21‑91; Ord.
No. 8504, §§1-3, 4-18-96; Ord. No. 8513, §1, 5-16-96; Ord. No. 9410, §§1-2, 7-1-04; Ord. No. 9700, §1, 9-20-07; Ord. No. 9738, §§7-10, 1-17-08)
ARTICLE
III. ESTABLISHMENT OF DISTRICTS*
Sec. A-6. Establishment of use districts and zoning map.
(a) The City of
Residential Districts
R‑1 One‑Family Dwelling District
R‑2 One‑Family Dwelling District
R-3 One‑Family Dwelling District
R‑4 One‑Family Dwelling District
R‑5 Multiple‑Family Dwelling District
R‑6 Multiple‑Family Dwelling District
Business districts
B‑I Neighborhood Business District
B‑2 General Business District
B‑3 Highway Business District
Manufacturing district
I‑1 Light Industrial District
Special district
F‑1 Flood Plain District
(b) Zoning District Map. The zoning district map which accompanies and is hereby declared to be a part of this ordinance**, shows the boundaries of the areas covered by the districts listed in Paragraph (a) of this Section. Notations, references, indications and other matters shown on the zone map are hereby declared to be as much a part of this ordinance as if they were fully described herein. The said zoning district map is properly attested and is on file with the administrative director/city clerk of the City of Kirkwood, Missouri. (Ord. No. 6110, §1, 4‑14‑77)
Sec. A-7. Interpretation of district boundaries.
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply:
(a) Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines, or highway right‑of‑way lines, such center lines, street lines, or highway right‑of‑way lines shall be construed to be such boundaries.
(b) Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.
(c) Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right‑of‑way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown on said zoning district map.
(d) Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the center of the right‑of‑way of said railroad line unless otherwise indicated.
(e) Where the boundary of a district follows
a stream, lake or other body of water, said boundary line shall be deemed to be
at the center of such stream, lake or other body of water or at the limit of
the jurisdiction of the City of
Sec. A-8. Procedure relating to annexed or vacated areas.
(a) Whenever an area is annexed to the City of Kirkwood, or any other city shall merge with the City of Kirkwood, the annexed area or the merged area shall have continued in force the zoning in force over said annexed area or merged area at the time of such annexation or merger, whether the same complies with the provisions of the Zoning Ordinance and regulations of the City of Kirkwood or not; or, if no such zoning regulations were in force, the annexed area or merged area shall be zoned as R‑1 One‑Family Dwelling District pursuant to the provisions of this Zoning Ordinance for a period of six (6) months from the date of the annexation or the date of the merger, after which time only zoning regulations enacted after the date of annexation or merger shall be applicable.
(b) Whenever any street, alley, public way, railroad right‑ of‑way, waterway or other similar area is vacated by proper authority, the districts adjoining each side of such street, alley, public way, railroad right‑of‑way, or similar area shall be extended automatically to the center of such vacation and all areas included in the vacation shall then and thenceforth be subject to all appropriate regulations of the extended districts. In the event of a partial vacation, the adjoining district, or district nearest the portion vacated, shall be extended automatically to include all the vacated area.
Secs. A-9.—A-20. Reserved.
ARTICLE
IV. APPLICATION OF REGULATIONS
Sec. A-21. General regulations.
Except as provided elsewhere in this ordinance:
(a) No building or structure or land shall hereafter b