Arnold City Zoning Code
SECTION 405
090 Planned Developments.
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A.
Authorization.
1.
The City Council may by ordinance grant a special permit for a planned residential development authorized by this Section on such terms and conditions and with such restrictions as the Council may determine, subject to the provisions of this Section.
2.
The City Council may establish a planned commercial or industrial district by ordinance in the same manner that other mapped districts are established where the City Council determines that any particular tracts or areas should be developed for commercial or industrial use, but because of potential conflicts with adjoining uses, existing or potential, a greater degree of control of the manner of development is necessary to protect the general welfare than is possible under the regulations of the other "C" Commercial or "M" Industrial Districts.
3.
The City Council may establish a manufactured home district by ordinance in the same manner that other mapped districts are established where the City Council determines that any particular tracts or areas should be developed for manufactured home park, but because of natural topography, hydrology, existing or planned developments, and arrangements and location of existing or planned-community facilities, and social needs of the community, a greater degree of control of the manner of development is necessary to protect the general welfare than is possible under the regulations of the other districts.
B.
Planned Residential Development Procedure.
1.
Intent And Purpose.
a.
The purpose of this Subsection is to provide a progressive but controlled, creative zoning procedure in the "R-1," "R-2," "R-3," "R-4," and "R-5" Residence Districts in order to permit flexibility in building types, locations and subdivision design.
b.
In an "R-1," "R-2," "R-3," "R-4," or "R-5" Residence District, a tract of land may be developed for residential use in a variety of building types and designs to include, but not limited to, row houses, and other cluster arrangements of attached or detached buildings, provided that approval is obtained for a planned residential development plan in compliance with the following procedure.
2.
Preliminary Planned Residential Development Plan Process.
a.
The granting of a planned residential development plan shall be initiated by the filing of a verified application by one (1) or more of the owners or authorized representative of the owners of the property sought to be used for the planned residential development process.
b.
Applications shall be addressed to the City of Arnold Planning Commission and filed in the office of Community Development upon forms provided by the Community Development Department and accompanied by the required data and information as is prescribed by the Planning Commission so as to assure the fullest practicable presentation of facts for the permanent record and for adequate preliminary consideration of the proposal.
c.
If the Planning Commission gives preliminary approval to the application, the matter shall be forwarded to the City Council together with the approved plans for consideration by that body. If the application is approved by the City Council, the development will be processed as in the manner prescribed by the Subdivision Code with regard to grading and improvement plans.
3.
Final Planned Residential Development Plan Process. A final planned residential development plan shall be submitted, reviewed, and approved following the procedures for record plat approval. Once approved, the plan shall be recorded with the Recorder of Deeds as a planned residential development plan.
4.
Miscellaneous Requirements.
a.
The proposed planned residential development plan should comply with the intent of the density and setbacks outlined for the underlying residential zone district. However, increased density will only be considered when the development includes additional factors such as: usable open space and/or recreational amenities; architectural features/design for the structures that create a unique character for the entire development (this does not include typically designed residence found in standard subdivisions); streetscape features including unique street lights, pedestrian/bike paths, landscaping, etc.; substantial landscape packages for the individual lots and common areas; and other unique characteristics to the development.
b.
No building permit shall be issued for construction of any structure on the tract of land involved that is not in conformity with the approved preliminary development plan.
c.
Unless otherwise stated, substantial work or construction under the planned residential development plan must be commenced within one (1) year, or the plan shall terminate. If the plan is not reinstated within a period of six (6) months from the date, it shall becomes null and void, and the City Council may order the plan to be vacated.
d.
Each application for a planned residential development permit shall encompass not less than five (5) acres.
e.
The Planning Commission shall, in the instance of every application submitted under this regulation, especially consider architectural, landscape and other relationships which may exist between the proposed development, the character of the surrounding neighborhood, and the City of Arnold, and shall prescribe and require such physical treatment or other limitations as will, in its opinion, preserve said neighborhood or City character.
f.
Height limitations for structures may be modified by the Planning Commission, with respect to any structure proposed in an application for a planned residential development permit if the normal requirements for open areas on the premises are modified as follows: Any residential structure exceeding three (3) stories in height shall be set back from all property lines at least one (1) additional foot for each foot of height above thirty-five (35) feet above the average finished ground elevation at the perimeter of such structure.
g.
Off-street parking requirements applicable in any district shall in no event be diminished by the Planning Commission, but the Planning Commission may require that open parking areas be depressed below the grade of the remainder of the property, or screened by walls, fences, or plant material, or by both methods in order to preserve or complement the general character of any existing developments on adjacent properties.
h.
The Planning Commission may explicitly impose special conditions relating to any development under this Subsection. These conditions may relate to, but need not be limited to, the following:
(1)
Conditions relative to the type and extent of improvement and landscaping.
(2)
Conditions concerning development, improvements, and maintenance of common ground.
(3)
Conditions relative to the maximum or minimum gross floor area per dwelling unit.
(4)
Conditions relative to the architectural character of the structures.
(5)
Conditions prohibiting the development of the property except in accordance with the provisions of the ordinance of the City of Arnold approving the planned residential development plan, and prohibiting the issuance of a building permit for any other use or development not in compliance with the above-mentioned City ordinance for a period not to exceed five (5) years from date of ordinance, unless extended by City Council.
(6)
In developments wherein open spaces, recreational areas or other common lands are provided, the acreage of which is included in the available gross acreage used in the determination of the maximum number of allowable dwelling units in the development, said common land shall be conveyed by the developer in fee simple absolute title by warranty deed to a Board of Trustees. The Trustees shall make provision by trust indenture for the sole benefit, use, and enjoyment of the lot owners, present and future, of each subdivision authorized under the planned residential development procedure for a term of years certain. The term of years certain shall extend for a period of at least twenty (20) years, or for the duration of the subdivision or development, whichever period of time is less. Thereafter, fee simple absolute title shall vest in the then lot owners or owners of other real property as joint owners. The rights of said joint tenants shall only be exercisable appurtenant to and in conjunction with their lot ownership or ownership of other real property. Any conveyance or change of ownership of any lot or other real property shall convey with it ownership in the common property. No lot owner or owner of other real property shall have the right to convey his/her interest in the common property except as an incident of the ownership of a regularly platted lot or ownership of other real property in the development. The sale of any lot or other real property in the development shall carry with it all the incidents of ownership of the common property although such is not expressly mentioned in the deeds; provided, however, that no right or power conferred upon the trustees shall be abrogated. Warranty deeds and trust indentures complying with the aforementioned provisions shall have attached thereto a written legal opinion prepared and signed by an attorney licensed to practice law in the State of Missouri setting forth the attorney's legal opinion as to the legal form and effect of the deeds and trust indentures. The deeds and indentures shall be approved by the City Counselor as to legal form and filed with the Recorder of Deeds of Jefferson County simultaneously with recording of the final planned residential development plan.
5.
Criteria For Review Of Planned Residential Development Plan. The Planning Commission, after a public hearing, may grant a planned residential development plan when it finds that:
a.
The residential development proposal is consistent with good planning practice.
b.
The residential development proposal is consistent with good site planning.
c.
The residential development proposal can be operated in a manner that is not detrimental to the permitted uses in the surrounding area.
d.
The residential development proposal is complementary to the City of Arnold.
e.
The residential development proposal is deemed desirable to promote the general welfare of the City of Arnold.
6.
Protest. In case of a protest against such planned residential development plan duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the City Council.
The protest must be filed with the City Clerk no later than seven (7) days after the public hearing before the City Council.
Within thirty (30) days from the filing of the protest, the City Council must take action on the request.
Any decisions regarding changes in regulations, restrictions, and boundaries may be appealed to the Circuit Court. However such appeals are subject to strict time limitations and any person pursuing such appeal is advised to seek legal advise from an attorney licensed to practice law in the State of Missouri.
C.
"C-4" Planned Commercial District.
1.
Purpose.
a.
The "C-4" Planned Commercial District of City of Arnold, Missouri, encompasses areas wherein may be located developments and uses permitted in any of the other "C" Commercial Districts. Within the Planned Commercial District, it is the purpose of these regulations to facilitate the establishment of combinations of developments and uses for which no provision is made in any other single "C" Commercial District or the establishment of commercial developments and uses in locations where it would be appropriate to the area if they were to take place under approved site plans, and such conditions as to assure said developments and uses would be consistent with good planning practice and operated in a manner compatible with permitted developments and uses in adjoining districts, as necessary to protect the general welfare.
b.
A planned commercial district may be established on a tract of land in single ownership or management control, provided that the preliminary development plan and the application for change of zoning are approved by the City Council, and the final development plan is approved by the Planning Commission and recorded in accordance with the requirements of this Subsection, and provided that the schedule of construction is complied with in accordance with the requirements of this Subsection.
c.
A planned commercial district may be established by ordinance of the City Council in the same manner that other mapped districts are established where the City Council determines that any particular tracts or areas should be developed for commercial use, but because of potential conflicts with adjoining uses, existing or potential, a greater degree of control of the manner of development is necessary to protect the general welfare than is possible under the regulations of the other "C" Commercial Districts.
2.
3.
Height Limitations For Structures. Unless otherwise restricted by application of regulations of Section 405.050(B) of this Chapter, the total height of any structure shall be limited by the conditions in the ordinance authorizing the establishment of the particular planned commercial district.
4.
Lot Area And Yard Requirements.
a.
The lot area for any use or building in a planned commercial district shall not be less than one (1) acre, unless said lot or parcel is adjacent to an existing "C" Commercial District or "M" Industrial District or except as may be established by the City Council and Planning Commission as a part of the Comprehensive Zoning Plan of the City, except that no lot or tract of land in a planned commercial district shall have an area, exclusive of any area dedicated as a public roadway, comprising less than thirty-two and six hundred seventy thousandths (32.670) square feet.
b.
Setbacks for parking areas and structures shall be established by the conditions governing the particular planned commercial district so as to ensure compatibility with adjoining developments, uses and zoning, but no parking area or structure shall be permitted within fifteen (15) feet of a property line adjoining property in an "R" Residence District.
c.
Any structure in a planned commercial district exceeding thirty (30) feet in height which adjoins property in an "R" Residence District shall be set back from such property line, in addition to the minimum fifteen (15) feet, a distance of one (1) foot for every two (2) feet in height above thirty (30) feet; greater setbacks may be required if deemed necessary to ensure compatibility with adjoining developments or uses.
d.
The maximum lot coverage of any lot in this district shall be no greater than twenty-five percent (25%) of the total lot area, or twenty percent (20%) of the total lot area in the case of lots with multiple floor buildings.
e.
Any part of a lot area not used for buildings or other structures or for parking, loading, or accessways shall be landscaped with grass, ground cover, trees, shrubs, and pedestrian walks in accordance with the following minimum requirements:
Minimum caliper for deciduous trees: | 2 inches |
Minimum height for coniferous trees: | 6 feet |
Tree mix: | Maximum of 40% of one species |
Distribution: | 1 tree per 10 parking spaces with 75% of those trees within the parking area |
1 foundation plant (shrub or bush) per 20 feet of street exposed wall area |
f.
A fifteen-foot wide buffer shall be required on any non-residential zoned property which adjoins a residential zoned property and shall be located along the adjoining property line or lines between the differently zoned properties. The buffer strip shall meet the following minimum requirements:
(1)
Natural Vegetation.
Minimum species mixture | 100% coniferous |
Minimum species height | 6 feet |
Minimum species spacing | 8 feet on center |
(2)
Fencing.
Minimum height | 6 feet |
Sightproofing | stockade/slats in cyclone style |
The Planning Commission may require or allow the use of topographic features or the maintenance of the existing tree mass of a minimum depth of fifteen (15) feet or as required to not encroach on existing tree mass drip line in lieu of fences where such alternatives will achieve comparable effect. |
All buffering shall be established prior to the start of construction. |
5.
Off-Street Parking And Loading Requirements. The minimum off-street parking and loading requirements for any use or building in a planned commercial district shall not be reduced below that required for the same use in any other "C" Commercial District, except where the Planned Commercial District includes two (2) or more uses, then the Planning Commission may recommend and the City Council may approve a total reduction of combined required parking and off-street loading space by not more than twenty percent (20%) where it has been demonstrated by study of the combined uses and customary hours of operation or peak use, that adequate parking would be so provided. Where determined necessary, parking and off-street loading requirements in excess of minimum standards may be required.
6.
Performance Standards. All uses established in a planned commercial district shall operate in accordance with the appropriate performance standards contained in Section 405.150(B) of this Chapter. These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance authorizing the establishment of a particular planned commercial district where the City Council determined that such restrictions are necessary to protect the general welfare.
7.
Procedures.
a.
Petitions for establishment or development of a planned commercial district shall be made to the City Council and shall be filed with the Planning Commission. The petitioner shall pay the same fee as that required of any other change of zoning. The petition shall be made on forms prescribed for this purpose by the Planning Commission and shall be accompanied by a preliminary development plan and other information in such detail as to include the following:
(1)
Preliminary site plans showing proposed uses and structures.
(2)
Existing and proposed contours at intervals of two (2) feet or less referred to sea level datum.
(3)
Location of all isolated trees having a trunk diameter of six (6) inches or more and all tree masses.
(4)
Two (2) cross section profiles through the site showing preliminary building form.
(5)
The proposed ingress and egress to the site including adjacent streets.
(6)
A preliminary plan for provision of sanitation and drainage facilities.
b.
A public hearing shall be held by the Planning Commission and City Council on the petition in the same manner and with the same public notice procedure as is required for any other change of zoning. No action shall be taken by the City Council with respect to the petition until it has received the recommendation of the Planning Commission. In the case of an application for development permits where the property is already zoned "C-4," a public hearing shall be held by the Planning Commission but not by the City Council unless deemed necessary by the City Council.
c.
The Planning Commission's recommendation shall be transmitted to the City Council stating how the proposed development is consistent with good planning practice, compatible with permitted development and use in adjoining districts, and necessary to the general welfare. If the recommendation is one of approval, it shall contain recommended conditions to be included in an ordinance authorizing the establishment of the planned commercial district. The conditions shall include, but not be limited to:
(1)
Time limitations for submission of final development plans and commencement of construction as required by this Subsection.
(2)
Uses permitted in the district.
(3)
Yard requirements.
(4)
Off-street parking and loading requirements.
(5)
Performance standards for operation of the permitted uses.
(6)
Requirement that any transfer of ownership or lease of property in the district include in the transfer or lease agreement a provision that the purchaser or lessee agrees to be bound by the conditions of the ordinance authorizing the establishment of the district.
d.
After passage of an ordinance authorizing the establishment of a planned commercial district by the City Council, the developer shall submit the final development plans to the Planning Commission within the period of time specified in the ordinance. The plans shall include such information as is required by the Planning Commission for adequate consideration of the plan. The plans shall satisfy the subdivision regulations and other pertinent City ordinances where applicable. If in the opinion of the Planning Commission the submitted plan substantially deviates from the preliminary development plan approved by the City Council, the Commission shall report to the petitioner and the City Council on the manner in which said plan deviates from the approved preliminary plan, and if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with proceedings specified in Section 405.260 of the City of Arnold zoning ordinance.
e.
Within sixty (60) days of approval of the final development plan by the Planning Commission, the plan shall be recorded by the developer as a planned commercial district together with conditions of the ordinance authorizing the establishment of the district.
f.
No buildings, facilities, commercial establishments or service concerns may occupy or use any portion of the district until the required related on-site and off-site improvements including, but not limited to, streets, sidewalks, sanitary and storm sewers, street lights, street trees, landscaping, screening, and buffering are constructed or a performance bond on escrow posted covering the estimated cost of construction as determined by the Planning Commission. If the planned commercial district is to be developed in sections, all improvements necessary to the proper operations and functioning of the section, even though same may be located outside the section, must be constructed and installed or a performance bond or escrow posted covering the estimated cost of the improvements as determined by the Planning Commission.
g.
If substantial construction or development of the district does not begin within the period of time specified in the conditions of the ordinance authorizing the establishment of the district, the City Council may, on its motion or on a recommendation of the Planning Commission, rezone the property or any portion thereof to the zoning district classification that prevailed prior to the approval of the planned commercial district classification. A public hearing shall be required for this rezoning, and the owner shall be notified of the proposed rezoning prior to the introduction of any bill for said rezoning.
h.
The time limitations specified in the ordinance authorizing the establishment of a planned commercial district for submission of final development plans and for completion of construction may be extended by the City Council for cause.
i.
After recording of a final development plan for a planned commercial district, changes not inconsistent with the purpose or intent of this Subsection may be approved by the Planning Commission. Changes affecting the purpose or intent of this Subsection shall require a new petition for a planned commercial district.
D.
"M-3" Planned Industrial District.
1.
Purpose.
a.
The "M-3" Planned Industrial District of the City of Arnold, Missouri, encompasses areas wherein may be located developments and uses permitted in any of the other "M" Industrial Districts and such development and uses designated in the "C" Commercial Districts as may be specifically related to a particular industrial activity or complex. Within the planned industrial district, it is the purpose of these regulations to facilitate the establishment of combinations of developments and uses for which no provision is made in any other single "M" Industrial District or the establishment of industrial developments and uses in locations where it would be appropriate to the area if they were to take place under approved site plans, and such conditions as to assure said developments and uses would be consistent with good planning practice and operated in a manner compatible with permitted developments and uses in adjoining districts, as necessary to protect the general welfare.
b.
A planned industrial district may be established on a tract of land in single ownership or management control, provided that the preliminary development plan and the application for change of zoning are approved by the City Council, and the final development plan is approved by the Planning Commission and recorded in accordance with the requirements of this Subsection, and provided that the schedule of construction is complied with in accordance with the requirements of this Subsection.
c.
A planned industrial district may be established by ordinance of the City Council in the same manner that other mapped districts are established where the City Council determines that any particular tracts or areas should be developed for industrial use, but because of potential conflicts with adjoining uses, existing or potential, a greater degree of control of the manner of development is necessary to protect the general welfare than is possible under the regulations of the other "M" Planned Industrial Districts.
2.
Permitted Land Uses And Developments.
a.
In a planned industrial district, the uses permitted shall only be:
(1)
Those designated as a permitted use in any of the "M" Industrial Districts or "C" Commercial Districts as may be specifically related to a particular industrial activity or complex; and
b.
The specific ordinance authorizing the establishment of a particular planned industrial district related to a specific tract of land may further limit the uses permitted on the tract.
3.
Height Limitations For Structures. Unless otherwise restricted by application of regulations of Section 405.050(B) of this Chapter, the total height of any structure shall be limited by the conditions in the ordinance authorizing the establishment of the particular planned industrial district.
4.
Lot Area And Yard Requirements.
a.
Subsequent to the date of this Chapter, the lot area for any use or building in a planned industrial district shall not be less than one (1) acre, unless said lot or parcel is adjacent to an existing "M-3" Industrial District or "M" Industrial District or except as may be established by the City Council and Planning Commission as a part of the Comprehensive Zoning Plan of the City.
b.
Setbacks for parking areas and structures shall be established by the conditions governing the particular planned industrial district so as to ensure compatibility with adjoining developments, uses and zoning but no parking area or structure shall be permitted within ten (10) feet of a property line adjoining property in an "R" Residence District.
c.
Any structure in a planned industrial district exceeding thirty (30) feet in height which adjoins property in an "R" Residence District shall be set back from such property line, in addition to the minimum fifteen (15) feet, a distance of one (1) foot for every two (2) feet in height above thirty (30) feet; greater setbacks may be required if deemed necessary to ensure compatibility with adjoining developments or uses.
d.
Any part of a lot area not used for buildings or other structures or for parking, loading, or accessways shall be landscaped with grass, ground cover, trees, shrubs, and pedestrian walks in accordance with the following minimum requirements:
Minimum caliper for deciduous trees: | 2 inches |
Minimum height for coniferous trees: | 6 feet |
Tree mix: | Maximum of 40% of one species |
Distribution: | 1 tree per 10 parking spaces with 75% of those trees within the parking area |
1 foundation plant (shrub or bush) per 20 feet of street exposed wall area |
e.
A fifteen-foot wide buffer shall be required on any non-residential zoned property which adjoins a residential zoned property and shall be located along the adjoining property line or lines between the differently zoned properties. The buffer strip shall meet the following minimum requirements:
(1)
Natural Vegetation.
Minimum species mixture | 100% coniferous |
Minimum species height | 6 feet |
Minimum species spacing | 8 feet on center |
(2)
Fencing.
Minimum height | 6 feet |
Sightproofing | Stockade/slats in cyclone style |
The Planning Commission may require or allow the use of topographic features or the maintenance of the existing tree mass of a minimum depth of fifteen (15) feet or as required to not encroach on existing tree mass drip line in lieu of fences where such alternatives will achieve comparable effect. |
All buffering shall be established prior to the start of construction. |
5.
Off-Street Parking And Loading Requirements. The minimum off-street parking and loading requirements for any use or building in a planned industrial district shall not be reduced below that required for the same use in any other "M" Industrial District, or "C" Commercial District except where the planned industrial district includes two (2) or more uses, then the Planning Commission may recommend and the City Council may approve a total reduction of combined required parking and off-street loading space by not more than twenty percent (20%) where it has been demonstrated by study of the combined uses and customary hours of operation or peak use, that adequate parking would be so provided. Where determined necessary, parking and off-street loading requirements in excess of minimum standards may be required.
6.
Performance Standards. All uses established in a planned industrial district shall operate in accordance with the appropriate performance standards contained in Section 405.150(B) of this Chapter. These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance authorizing the establishment of a particular planned industrial district where the City Council determined that such restrictions are necessary to protect the general welfare.
7.
Procedures.
a.
Petitions for establishment or development of a planned industrial district shall be made to the City Council and shall be filed with the Planning Commission. The petitioner shall pay the same fee as that required of any other change of zoning. The petition shall be made on forms prescribed for this purpose by the Planning Commission and shall be accompanied by a preliminary development plan and other information in such detail as to include the following:
(1)
Preliminary site plans showing proposed uses and structures.
(2)
Existing and proposed contours at intervals of two (2) feet or less referred to sea level datum.
(3)
Location of all isolated trees having a trunk diameter of six (6) inches or more and all tree masses.
(4)
Two (2) cross section profiles through the site showing preliminary building form.
(5)
The proposed ingress and egress to the site including adjacent streets.
(6)
A preliminary plan for provision of sanitation and drainage facilities.
b.
A public hearing shall be held by the Planning Commission and City Council on the petition in the same manner and with the same public notice procedure as is required for any other change of zoning. No action shall be taken by the City Council with respect to the petition until it has received the recommendation of the Planning Commission. In the case of an application for development permits where the property is already zoned "M-3," a public hearing shall be held by the Planning Commission but not by the City Council unless deemed necessary by the City Council.
c.
The Planning Commission's recommendation shall be transmitted to the City Council stating how the proposed development is consistent with good planning practice, compatible with permitted development and use in adjoining districts, and necessary to the general welfare. If the recommendation is one of approval, it shall contain recommended conditions to be included in an ordinance authorizing the establishment of the planned industrial district. The conditions shall include, but not be limited to:
(1)
Time limitations for submission of final development plans and commencement of construction as required by this Subsection.
(2)
Uses permitted in the district.
(3)
Yard requirements.
(4)
Off-street parking and loading requirements.
(5)
Performance standards for operation of the permitted uses.
(6)
Requirement that any transfer of ownership or lease of property in the district include in the transfer or lease agreement a provision that the purchaser or lessee agrees to be bound by the conditions of the ordinance authorizing the establishment of the district.
d.
After passage of an ordinance authorizing the establishment of a planned industrial district by the City Council, the developer shall submit the final development plans to the Planning Commission within the period of time specified in the ordinance. The plans shall include such information as is required by the Planning Commission for adequate consideration of the plan. The plans shall satisfy the subdivision regulations and other pertinent City ordinances where applicable. If in the opinion of the Planning Commission the submitted plan substantially deviates from the preliminary development plan approved by the City Council, the Commission shall report to the petitioner and the City Council on the manner in which said plan deviates from the approved preliminary plan, and if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord proceedings specified in Section 405.260 of the City of Arnold zoning ordinance.
e.
Within sixty (60) days of approval of the final development plan by the Planning Commission, the plan shall be recorded by the developer as a planned industrial district together with conditions of the ordinance authorizing the establishment of the district.
f.
No buildings, facilities, commercial establishments or service concerns may occupy or use any portion of the district until the required related on-site and off-site improvements, including, but not limited to, streets, sidewalks, sanitary and storm sewers, street lights, street trees, landscaping, screening, and buffering are constructed or a performance bond or escrow posted covering the estimated cost of construction as determined by the Planning Commission. If the planned industrial district is to be developed in sections, all improvements necessary to the proper operations and functioning of the section, even though same may be located outside the section, must be constructed and installed or a performance bond or escrow posted covering the estimated cost of the improvements as determined by the Planning Commission.
g.
If substantial construction or development of the district does not begin within the period of time specified in the conditions of the ordinance authorizing the establishment of the district, the City Council may, on its motion or on a recommendation of the Planning Commission, rezone the property or any portion thereof to the zoning district classification that prevailed prior to the approval of the planned industrial district classification. A public hearing shall be required for this rezoning, and the owner shall be notified of the proposed rezoning prior to the introduction of any bill for said rezoning.
h.
The time limitations specified in the ordinance authorizing the establishment of a planned industrial district for submission of final development plans and for completion of construction may be extended by the City Council for cause.
i.
After recording of a final development plan for a planned industrial district, changes not inconsistent with the purpose or intent of this Subsection may be approved by the Planning Commission. Changes affecting the purpose or intent of this Subsection shall require a new petition for a planned industrial district.
E.
"MHD" Manufactured Home District.
[Ord. No. 14.550 (2790), 5-20-2021; Ord. No. 14.562 (Bill No. 2848), 1-19-2023]
1.
The "MHD" Manufactured Home District is designed to encourage the creation and maintenance of stable and enduring manufactured home residential neighborhoods by establishing limitations on the use and character of development of land, under an approved site plan, so as to take advantage of, or to avoid conflicts with, natural topography, hydrology, existing developments, and arrangements and location of existing or planned community facilities, and social needs of the community. This Subsection contains the district regulations of the "MHD" Manufactured Home District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in the Chapter which are incorporated as part of this Subsection by reference.
a.
Permitted Land Uses And Developments.
(1)
Farming, including the cultivations and sale of any plant crops.
(2)
Forests and wildlife reservations, and conservation projects.
(3)
Manufactured home parks, including accessory management offices, laundry facilities, storage facilities, clubhouses, pools, recreation facilities, or other accessory uses normally associated with the operation of a manufactured home park.
(4)
Commercial vegetable and flower gardening, plant nurseries, and greenhouses, not including any structure used as a salesroom.
(5)
Churches.
(6)
Public and private not-for-profit parks, parkways, and playgrounds.
(7)
Deleted.
(8)
Deleted.
(9)
Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing or walls, or any combination thereof, or shall be place underground, or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening said facilities shall be submitted to the Planning Commission for review. No building permit or installation permit shall be issued until said plans have been approved by the Planning Commission.
(10)
Deleted.
(11)
Fire stations.
(12)
Municipal buildings.
(13)
Accessory buildings, land uses and activities customarily incident to any of the above uses.
(14)
Public and private kindergarten, elementary, secondary, and collegiate schools.
b.
Conditional land use and development permits issued by the Commission, which may be permitted under the condition and requirements in Section 405.080 of this Chapter.
(1)
All public utilities not otherwise permitted per Section 405.090(E)(1)(a).
(2)
Salesrooms for commercial gardens, plant nurseries and greenhouses.
(3)
Deleted.
(4)
Nursing homes.
(5)
Not-for-profit private clubs and recreational land uses, including community centers.
(6)
Dairy farms.
(7)
Outdoor entertainment facilities.
(8)
Retreats owned and operated by religious, educational or other not-for-profit establishments.
(9)
Sewage treatment facilities.
(10)
Hospitals.
(11)
Foster homes for handicapped children.
(12)
Specialized private schools.
(13)
In-home day care.
(14)
Nursery schools and day nurseries.
c.
Site Plan Review. Development in the "MHD" District shall be subject to the requirements and procedures contained in Section 405.190, Site Plan Review.
d.
Height Limitations For Structures.
(1)
No building or manufactured home within a manufactured home park shall exceed the height of twenty-five (25) feet.
(2)
No structure, other than a radio, television, public utility or communications tower, shall exceed fifty (50) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.050(B).
e.
Street And Frontage Requirements.
(1)
Each manufactured home space shall front upon a street accepted by the City or improved to the standards and specifications of the City.
f.
Lot Dimension, Lot Area, And Yard Requirements.
(1)
At least five thousand (5,000) square feet of area shall be provided for each manufactured home space. The minimum depth shall be one hundred (100) feet and the minimum width shall be fifty (50) feet.
(2)
No manufactured home may be located less than twenty (20) feet from another manufactured home or structure.
(3)
Schools shall be situated on tracts of land providing areas not less than as set out in the following table:
Type of School | Minimum Acreage |
|---|---|
Nursery or day nursery | 21,780 square feet |
Kindergarten (separate) | 1 acre |
Primary | 5 acres |
Junior High | 10 acres |
Senior High | 20 acres |
Collegiate | 10 acres |
(4)
Deleted.
(5)
Fire stations shall be situated on tracts of land at least one (1) acre in area.
(6)
Public or private not-for-profit libraries shall be situated on tracts of at least one (1) acre.
(7)
All other land uses permitted in this district, except local public utility facilities, shall be situated or conducted on tracts of land at least five (5) acres in area; except as may be clearly indicated otherwise by the context of these regulations.
(8)
Except as otherwise provided in this Subsection, all conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area: provided, however, that the Planning Commission, when approving a conditional use permit for foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, may allow the establishment of said foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, on tracts of land less than five (5) acres where the developments and uses contemplated are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses of the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; are deemed essential or desirable to preserve and promote public health, safety, and general welfare of the City of Arnold; and where the related parking needs, outdoor facilities, size of buildings and potential membership of said developments and uses are deemed consistent with the intensity of land use in the neighborhood of said uses and developments. Provided, however, that the minimum tract area for said conditional developments and uses shall not be less than the minimum tract area for dwelling units permitted in this district.
(9)
No structure other than a permitted directional or information sign, or boundary walls or fences, higher than six (6) feet in height, shall be erected within twenty (20) feet of any roadway right-of-way line or road easement. In the case of corner lots, no structure exceeding thirty-six (36) inches in height may be erected within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines. Likewise, in the case of corner lots, no plant material exceeding a height of thirty-six (36) inches above the elevation of the street pavement may be planted or maintained within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.
(10)
No structure shall be erected within eight (8) feet of any side property lines; except that this requirement shall not apply to any boundary wall or fence less than six (6) feet in height.
(11)
No structure shall be erected within fifteen (15) feet of a rear property line; except that this requirement shall not apply to any boundary wall or fence less than six (6) feet in height.
(12)
Any non-residential structure permitted in this district, other than a public utility tower authorized by a conditional use permit, which exceed thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
(13)
In the event that forty percent (40%) or more of the frontage along one (1) side of a street between two (2) intersecting streets, or for a distance of at least five hundred (500) feet in either direction is developed with buildings set back from such street with a variation in setback of no more than ten (10) feet, a structure may be located so as to approach no closer to the roadway than the average of existing buildings, but in no case shall any building be located closer than fifteen (15) feet from the roadway right-of-way line.
(14)
Specialized private schools may be permitted in any residential district under a conditional use permit providing that they be located on a tract of land containing one (1) acre for every fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the public school system land area requirements. Further, no buildings or activity areas should be located closer than the allowable setback from the property line in each given residential district.
(15)
Any part of a lot area not used for buildings or other structures or for parking, loading, or accessways shall be landscaped with grass, ground cover, trees, shrubs, and pedestrian walks in accordance with the following minimum requirements:
Minimum caliper for deciduous trees: | 2 inches |
Minimum height for coniferous trees: | 6 feet |
Tree mix: | Maximum of 40% of one species |
Distribution: | 1 tree per 10 parking spaces with 75% of those trees within the parking area |
1 foundation plant (shrub or bush) per 20 feet of street exposed wall area |
(16)
All manufactured home parks shall be provided with a plant screening or other screening of at least five (5) feet in height along the property line separating the development and any adjacent zoning district. Said screening must be approved by the Planning Commission.
g.
Off-Street Parking And Loading Requirements.
(1)
Two (2) off-street parking spaces shall be provided for each manufactured home.
(2)
Public and private schools shall provide one (1) off-street parking space for each classroom and separate office in such school, plus one (1) space for every four (4) students over the age of sixteen (16) whom the school is designed to accommodate; for the purposes of calculating the number of secondary school pupils to whom this criteria refers, only pupils in the 11th and 12th grades shall be considered.
(3)
Churches shall provide one (1) off-street parking space for each four (4) seats in the main auditorium of the church.
(4)
Parks and golf courses shall provide parking areas equivalent to at least one percent (1%) of the total area of land in such park or golf course, except that parking area available on park roads or private drives may be used to fulfill this requirement.
(5)
Nursing homes, public utility facilities, swimming pools, clubs, recreational and community centers, and retreats shall provide sufficient parking spaces for employees' or visitors' motor vehicles as to assure that no such vehicles need be parked on any street.
(6)
Hospitals shall provide two and one-half (2.5) parking spaces for each bed in the hospital.
(7)
Public and private not-for-profit libraries shall provide parking areas of three (3) times the gross floor area of the library exclusive of auditoriums, plus one (1) additional parking spaces for each six (6) seats in an auditorium or meeting place accessory to a library.
(8)
Parking areas, including driveways, shall, in this district, be paved.