§ 1. [Generally.]

In addition to the buildings, structures, or uses permitted by this ordinance in each of the zoning districts, the board of aldermen may authorize the following additional uses by special use exception in the various districts specified for each particular type of use under the conditions set out in section 2 and section 3 of this article XIV; and provided that such building, structure or use is to be on a lot or tract of land of the area specified as a minimum when so specified; however, in accordance with the provisions of section 2 of this article XIV, approval may be conditioned upon a larger lot or tract of land being used:

(1)

Any public building erected or used by any department of, county, state or federal government or any political subdivision of the state in the C-1 district.

(2)

Sales of new motor driven vehicles, recreational vehicles and trailers and utility trailers subject to all of the following restrictions and regulations:

a.

Dealerships must be franchised by the manufacturer of the new products sold.

b.

Dealerships may sell only new and used motor vehicles and related parts and accessories.

c.

Dealerships may include facilities for the indoor servicing of vehicles including a body and paint shop.

d.

An indoor wash facility that is not available to the public shall be considered a customary accessory use to a dealership.

e.

The rental and leasing of motor vehicles and recreational trailers shall be considered a customary accessory use for a dealership.

f.

The sale or rental of recreational trailers shall only be allowed in conjunction with the sale of new motor vehicles.

g.

The outdoor storage of inventory and serviced vehicles provided that such vehicles are parked on a paved surface shall be considered a customary accessory use for a dealership.

h.

The total paved land area dedicated to all types of outdoor vehicle storage shall not exceed 85% of the total land area of the site exclusive of required green spaces, detention facilities and pollution mitigation areas. Facilities existing in violation of this provision at the time of the adoption of this ordinance may continue to operate with their current percentage of land utilized for vehicle storage, but such nonconforming site must be brought into compliance with this requirement upon the addition of any new land to a site.

i.

No satellite facility or other noncontiguous land may be added to or made a part of an automobile dealership.

(3)

Automobile and motor vehicle service and/or repair facility including body work and painting facilities in the C-1 commercial district, provided that no work activities shall be done outside the building, and no motor vehicle shall be stored unless enclosed within a building or parked and stored outdoors only subject to the following restrictions and regulations:

a.

All motor vehicles shall be parked on a paved parking lot that has been paint striped to show designated parking areas;

b.

No motor vehicle may be parked outdoors unless it has a current license issued by a state government;

c.

No motor vehicle may be parked outdoors for more than 45 consecutive days or more than 50 days during any 12-month period;

d.

The aggregate number of motor vehicles parked outdoors for more than 24 hours shall not exceed the greater of six motor vehicles per enclosed service bay or 12 motor vehicles per acre of the premises of the shop; and

e)

Such other restrictions and regulations as the board of aldermen may require due to unique physical or cultural characteristics, proximity to uses and facilities that may be negatively impacted by this use, access limitations, traffic impact or other special issues which make the site atypical of the city or neighborhood.

(4)

Carwash establishment, except coin-operated self-service establishment, provided it is enclosed in a separate building, attended by employees during operating hours, and provides on site queuing room for a minimum of 15 vehicles in the C-1 commercial district.

(5)

Banks, savings and loan associations, short term loan establishments and other financial businesses that are regulated by the Missouri Division of Finance subject to the following regulations:

a.

Such facilities shall provide and utilize digital video and audio surveillance equipment that observes all interior portions of the unit that are accessible or visible to the general public, all private offices and all exterior perimeters of the building or site including parking lots, alleys, service areas, all exterior windows and doors and similar spaces. Such equipment shall operate 24 hours a day seven days a week and shall be connected to a recording device(s) that permanently retain the recorded data for at least 30 days before the data is erased or recorded over. Such recording devices must be able to have the data downloaded to another device for long term permanent storage as needed.

b.

Such facilities shall be designed to have their public lobby areas fully visible from the adjoining parking lots. No interior or exterior improvements, window tinting and treatment, draperies, blinds, signage, landscaping or other devices shall be utilized to block such visibility.

c.

Such facilities shall provide a vault or safe to protect cash or other liquid assets. Such vault or safe shall have a UL rating of TRTL-15 or better. Such safe or vault shall be installed in such a manner that the area near the safe/vault shall be visible from the parking lot and the surveillance system.

d.

Such facilities shall be equipped with an interior illumination system that fully illuminates the area around the vault or safe during all times of darkness.

e.

Such facilities shall be equipped with an alarm system that monitors all exterior doors and windows, cash drawers and the vault/safe. The system shall include "hold up" alarm/panic buttons at all teller and manager positions that promptly notify the police department when activated. Such an alarm system must be installed and operated in accordance with the established standards and requirements of the City of Ballwin for such equipment. Such systems shall be tested monthly and a record of such tests maintained on the premises for review.

(6)

Cemeteries, memorial gardens columbariums, mausoleums and similar facilities for the burial or other internment or entombment of human remains in the C-1 district.

(7)

College or university in the C-1 district.

(8)

Athletic fields or community building owned and operated by a governmental or a not for profit entity in the R-1A, R-1, R-2, R-3 or R-4 districts.

(9)

Motor vehicle fuel filling stations in the C-1 commercial district; provided however that no tank or receptacle used for storage of gasoline or motor vehicle fuel shall be permitted unless it is located below the surface of the ground or grade on a proper foundation. Filling station pumps, pump islands and canopies may be within a required front yard, provided they are not less than 20 feet from any street lines except for land lying along and adjacent to Manchester Road where they cannot be less than 40 feet from any street line, and each pump and pump island shall be surrounded by a curb or other appropriate barrier. No tank or receptacle used for storage of gasoline or motor vehicle fuel and no filling station pumps, pump islands or canopies shall be located within 50 feet of the boundaries with any residential use or any residential dwelling district.

(10)

Motels, hotels and similar operations offering sleeping facilities on a single night rental basis provided that such use:

a.

Is located in the C-1 district;

b.

Provides sleeping facilities for no more than four people per room;

c.

Provides 1,250 square feet of lot area for each unit;

d.

Provides at least 30 feet of open space between buildings;

e.

Provides individual units, each of which shall contain at least 200 square feet of floor area, and provide heating/cooling, lavatory, toilet and tub or shower with hot and cold water; and

f.

That such a special use exception may include any additional regulations and/or site development and operational requirements deemed necessary for the construction, operation and maintenance of the use.

(11)

Nurseries and greenhouses including the outdoor storage, sales and display only of plants and landscaping materials in the C-1 District provided that any structures shall be no less than 100 feet from all adjoining properties with a residential use or zoning classification.

(12)

Nursery, pre-kindergarten, day care schools and play schools not operated on the same premises as a residential use or in conjunction with a residential use serving five or more children during any 14-hour period of any day of the week, except those that are conducted in a church in connection with religious services not exceeding three hours at a time, in the R-1A single-family dwelling district, R-1 single-family dwelling district, R-2 single-family dwelling district, R-3 single-family dwelling district, R-4 planned multiple-dwelling district, R-5 planned infill multiple dwelling district, and PSD planned single-family dwelling development district provided that:

a.

A minimum of a 25-foot wide landscaping buffer is provided along all sides of the site adjoining all residential or recreationally zoned land or use;

b.

Such landscaping buffer shall be planted with sufficient native planting materials to provide a 75 percent visual screen to a height of six feet above the ground level;

c.

Shall be limited to a single ingress/egress point which shall be located no less than 100 feet from the centerline of any intersection;

d.

All parking and drop-off facilities shall be located in side and rear yard areas;

e.

The building footprint shall not exceed four times the average footprint of all residential structures within a 500-foot radius of the proposed site exclusive of rights-of-way;

f.

Shall not be located on a parcel of ground of less than one acre in area;

g.

Shall have all exterior equipment such as HVAC facilities and generators installed such that it is fully screened from surrounding properties;

h.

Shall provide a traffic study completed by an engineer qualified by experience and/or education to conduct such studies. Such study shall analyze all aspects of the proposed development's impact and function from a traffic perspective and shall demonstrate that the additional traffic impact of the proposed use will not negatively impact the level of service on nearby roadway segments and intersection movements by more than one second of delay per vehicle; and

i.

Shall provide parking at a rate of not less than one space per 225 square feet of gross building floor area.

(13)

Nursery, pre-kindergarten, day care schools and play schools operated as an accessory and subordinate use to the primary residential use of the property and serving five or more children in total during any 14-hour period of any day of the week in the R-1A single-family dwelling district, R-1 single-family dwelling district, R-2 single-family dwelling district, R-3 single-family dwelling district, R-4 planned multiple-dwelling district, R-5 planned infill multiple dwelling district, and PSD planned single-family dwelling development district provided that:

a.

A maximum of ten children are enrolled and present on the premises during any 14-hour period of any day of the week;

b.

Such use shall be limited to a single ingress/egress point which shall be located no less than 100 feet from the centerline of any intersection;

c.

Such use shall not be located on a parcel of ground of less than 10,000 square feet; and

d.

Such use shall provide simultaneous off-street parking for at least three vehicles not including the vehicles of the owner.

e.

Such use shall only be permitted in the residence of the petitioner and no individual not a resident of the dwelling for which the use is petitioned shall be employed at said use.

(14)

Parking within any front yard for all allowed uses in the C-1, C-3, PA and S-1 districts and for all nonresidential uses in the R-1A, R-1, R-2, R-3, R-4, R-5 and PSD districts.

(15)

Public utility uses, facilities or stations other than an office or salesroom not in a dedicated utility easement in any district.

(16)

Reserved.

(17)

Batting cages, bowling alleys, tennis, racquetball and handball facilities, miniature golf, skating rinks and similar recreational and entertainment uses in the C-1 districts provided that any outdoor recreational or entertainment facility or use shall be no less than 100 feet from an adjoining residential use or zoning district and that a 50-foot wide landscaped buffer providing a 75 percent visual screening to a height of six feet is established within this setback and no luminary is installed on the site the lens or lamp of which is directly visible from any place on any nearby residential property.

(18)

Shop for the sale at retail of antiques including consignment items but not including a pawn shop or similar use in the C-1 commercial district.

(19)

Storage, display and/or sale of residential lawn and gardening supplies, materials, fixtures, equipment and similar residential lawn and garden items not kept within a completely enclosed building in the C-1 commercial district, but not including building and construction materials or supplies, fixtures or equipment having a design, quantity or nature for commercial or business purposes.

(20)

Shop where food is served for consumption on the premises on which prepared or to be consumed at a place other than on the premises on which prepared, including the use of a drive-up window for pickup purposes. If the use described herein is to be placed on a site that has been previously approved pursuant to the special use exception site development plan approval process and no changes to the exterior footprint of the building or the approved site development plan are proposed, this special use exception requirement does not apply and the special use exception does not have to be obtained. For the purposes of this ordinance, consumption on the premises on which prepared shall mean and include consumption in an exterior garden or sidewalk type dining area, provided, however that such exterior dining area is accessible to the building in which the food is prepared, is controlled by the business preparing the food and does not interfere with the intended use of the area occupied by such dining.

(21)

Establishments for the distilling, brewing, preparation and sale of beverages containing alcohol of any kind by the drink for consumption on the premises where sold in the R-4 and C-1 districts.

(22)

Rental and associated open storage of motor driven vehicles and utility trailers in the C-1 commercial district provided that parking spaces used for such storage are in excess of the minimum parking required for the site as provided in appendix A, article XV of the Ballwin Code of Ordinances.

(23)

Theaters presenting performances by casts of live performers in the C-1 district; provided, however, that:

a.

Such use may be in conjunction with the operation of a restaurant; and

b.

There be provided for such use one parking space for each four seats or 60 square feet of gross floor area, whichever requirement is the greater; and

c.

A traffic study prepared by a professional engineer qualified by experience and/or education to conduct such studies is submitted. Such study shall analyze all aspects of the proposed use's impact and function from a traffic perspective and shall demonstrate that the additional traffic impact of the proposed use will not negatively impact the level of service on nearby roadway segments and intersection movements by more than one second of delay per vehicle.

(24)

Indoor motion picture theaters on tracts of land containing five acres or more in the C-1 commercial district provided that a traffic study prepared by a professional engineer qualified by experience and/or education to conduct such studies is submitted. Such study shall analyze all aspects of the proposed use's impact and function from a traffic perspective and shall demonstrate that the additional traffic impact of the proposed use will not negatively impact the level of service on nearby roadway segments and intersection movements by more than one second of delay per vehicle.

(25)

Private retirement community, and/or nursing home offering living facilities and associated services for independent living, assisted living and /or skilled nursing arranged in single and/or multiple family building configurations, in the R-1, R-2, R-3, PSD and C-1 zoning districts provided that:

a.

A minimum of a 50-foot wide landscaping buffer is provided along all sides of the site adjoining all residential or recreationally zoned land or use;

b.

Such landscaping buffer shall be planted with sufficient native planting materials to provide a 75 percent visual screen to a height of six feet above the ground level;

c.

It shall be located on a parcel of land not less that one acre in size nor more than five acres in size;

d.

It shall be limited to a single ingress/egress point per roadway frontage of the site provided that no curb cut shall be located less than 100 feet from the centerline of any intersection;

e.

All parking, and drop-off facilities shall be located in side and rear yard areas;

f.

It shall have all exterior equipment such as but not limited to HVAC facilities and generators installed such that it is fully screened from surrounding properties; and

g.

It shall provide parking at a rate of not less than .3 spaces per resident room plus 1.5 spaces per independent living unit.

h.

The design and bulk of the building is compatible with the scale and character of the surrounding neighborhood and complies with the applicable recommendations of the comprehensive plan for infill developments.

(26)

Drive-through facilities in the C-1, C-3 and S-1 districts.

(27)

Temporary mobile diagnostic or medical treatment equipment for a period in excess of three days per calendar year in the C-1 and C-3 districts, provided that:

a.

Such facility is not used for the treatment of persons having contagious or infectious diseases;

b.

Off-street parking and loading facilities shall be provided upon the lot or tract adequate to accommodate employees and visitors;

c.

Except in emergencies declared by the Mayor of the City of Ballwin, no mobile diagnostic or medical treatment equipment shall be allowed on the permitted location more than three days per week or more than 15 days per calendar month;

d.

Proper and adequate facilities are provided for the disposal of waste, trash or garbage generated at the facility; and

e.

Each special use exception shall be for a definite period, not to exceed one year, unless extended by approval of the board of aldermen at a meeting of the board of aldermen on such conditions as determined to be in the public interest.

(28)

Residential and outpatient alcohol, drug and substance treatment centers certified by the State of Missouri are allowed in C-1 commercial district, provided:

a.

The operator of the facility has a current certification from the Division of Alcohol and Drug Abuse of the Department of Mental Health for the State of Missouri for the operation of the facility;

b.

That no other alcohol and drug treatment center is located within 2,600 feet of the building housing the facility;

c.

That the building housing the facility is not located within 300 feet of the property line of any school, church or building regularly used as a place of religious worship or education; and

d.

That the building housing the facility is not located within 50 feet of any district zoned residential dwelling district.

(29)

Single-family residences in which eight or fewer unrelated mentally or physically handicapped persons reside in any district.

(30)

Indoor entertainment facilities offering performances or amusement in the C-1 commercial district, provided that the other provisions of this section relating to such uses under this ordinance are met.

(31)

Trailers, not to exceed 24 feet in length, in the C-1 zoning districts which would not otherwise comply with the restrictions in chapters 15 and 28 of the Code of Ordinances provided that said trailer shall be owned and utilized by the holder of a Ballwin business license, operating its business on the same property where the trailer shall be stored. Such trailer shall be parked at all times behind the building line of the structure located on the property, but may be moved or removed and replaced without forfeiture of this special use exception.

(32)

Indoor shooting ranges in the C-1 zoning district.

(Ord. No. 08-26, § 1, 7-28-08; Ord. No. 11-19, § 1, 5-23-11; Ord. No. 13-04, § 1, 1-28-13; Ord. No. 13-25, § 1, 6-17-13)