§ 2. [Conditions.]

Granting of a special use exception for any of the uses set forth in section 1 hereof shall, in addition to the findings required by section 4(3) hereof, take into account the matters hereinafter set forth when applicable, and any one or more of such matters may be made a condition of the granting of the special use exception:

(1)

That the minimum yard requirements of the district in which the use is to be located are observed.

(2)

That provision is made for appropriate site illumination which will not disturb adjacent property or affect traffic on adjacent rights-of-way. Such lighting shall be of a nature that it does not shine directly toward any right-of-way and the lenses and lamps of any fixture cannot be viewed directly from any nearby residential use or district. Wall mounted luminaries shall be designed and mounted to cast illumination downward and not outward toward adjacent properties or uses.

(3)

That there is appropriate provision for landscaping and greenery and its maintenance, both for purposes of screening and blending with the character of the surrounding uses and neighborhoods. Plantings may be required to be as high as eight feet when for the purpose of screening between adjacent properties and uses. Unless required to be otherwise, these landscaped areas shall be a minimum of 25 feet wide where they adjoin a residential use or district and may be required to be wider or taller or required along property lines adjoining nonresidential uses if it is determined that this is necessary to protect the character, use and/or privacy of adjoining properties.

(4)

That the site or necessary portions thereof are adequately fenced for safety, screening or to prevent unauthorized persons from having access, which fencing may be required to be a height of six feet.

(5)

That there is adequate off-street parking in accordance with the requirements of Article XV Off-street Parking and Loading Requirements of the Ballwin Zoning Ordinance.

(6)

That appropriate provision is made for the paving of all parking and drive areas in accordance with the provisions of Article XV Off-street Parking and Loading Requirement of the Ballwin Zoning Ordinance.

(7)

That appropriate provision is made for sanitary sewers and stormwater runoff.

(8)

That adequate provision is made for off-street loading and unloading docks, spaces or other facilities.

(9)

That adequate provision is made for ingress and egress to abutting rights-of-way.

(10)

That there is adequate area for the intended use, which area may be greater than the minimum otherwise specified in this ordinance and which shall be sufficient to protect all surrounding properties, taking into account all aspects of the intended use.

(11)

In off-street parking for public use or for employees, no sales, dead storage, repair work nor dismantling of automobiles shall be permitted.

(12)

That adequate provision has been made for the placement of containers for the disposition of refuse, rubbish, garbage, grease or other materials and for architecturally compatible screening of such facilities.

(13)

In addition to all other requirements of this Code as may be applicable, the following apply to those businesses in the C-1 commercial district that provide entertainment.

(a)

Parking for customers and employees must be provided at a rate of two times that required for restaurants with respect to that area of operation where the entertainment or amusement is being provided, or 1.5 times that required for restaurants based upon the allowed occupancy of the entire facility as established by the fire marshal, whichever requirement is greater. Such additional parking requirement in excess of such minimum requirement must be located on the same physical site or within the same development in which the entertainment or amusement special use exception is approved. Other sites or developments may not be used for this additional parking. If the site or development is not under the ownership and/or control of the petitioner, then the written approval of the owner of the property within the same development authorizing the utilization of the excess parking capacity for this purpose must be provided. The time period of such authorization shall be commensurate with the time period of the special use exception granted under this section.

(b)

Any building within 100 feet of a structure housing a residential use located within a residential zoning district that is proposed for use pursuant to an entertainment or amusement special use exception shall be designed and built and/or retrofitted with appropriate acoustical insulation to prevent sound emanating from the entertainment or amusement from being heard beyond the perimeter of the site. Such sound insulation shall be described as part of the special use exception petition and a written statement from an engineer familiar with such issues shall be provided stating that the proposed insulation will provide the required sound attenuation. Upon submittal of final architectural plans, a statement bearing the engineers professional seal shall be provided stating that the sound insulation will attenuate the sound in accordance with this ordinance.

(c)

The sale [of] any intoxicating liquor in conjunction with a special use exception under this section, except malt liquor, in the original package, shall be deemed "sale by the drink" and when so made, the container in every case shall be emptied and the contents thereof served as other intoxicating liquors sold by the drink are served. The sale of intoxicating liquor in the original package for off-premises consumption shall not be allowed, and violation of this provision shall be grounds for revocation of the special use exception.

(d)

A petitioner may be required to provide security personnel during the time that performances or other entertainment is provided for which a special used exception has been granted under this section to patrol the premises and surrounding public areas to prevent illegal parking, traffic congestion, littering, noise and/or disorderly conduct as defined in this Code.

(e)

Grounds for revocation for a special use exception under this section shall include illegal parking, traffic congestion, littering, noise and inappropriate behavior caused or reasonably believed to be caused by operation of the business.

(f)

A special use exception is not required under this section for:

a.

The operation of televisions, radios or similar devices providing telecommunications broadcasts, or the operation of jukeboxes or similar music devices provided that there is no disc jockey or similar operator;

b.

Schools, churches, fraternal and/or philanthropic organizations and similar organizations that provide events on less than 12 days per year.

c.

Businesses which have offered entertainment to customers on a regular basis as an allowed use, provided such entertainment and/or use was offered or obtained prior to the enactment of this section.

(Ord. No. 08-26, § 1, 7-28-08)