The regulations set forth in this article are the regulations set forth in the C-3 planned limited commercial district. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this ordinance and which are incorporated as part of this article by reference.

(1)

A building or premises shall be used only for the following purposes:

(1)

Business, charitable, finance, professional and consulting offices, including offices of industrial or commercial establishments, the plants or outlets of which are not permitted in the planned limited commercial district.

(2)

Hotel or motel.

(3)

Medical and dental clinic.

(4)

Private clubs and lodges, such as fraternal, civic and social.

(5)

Savings and loan associations.

[(6)

Reserved.]

(7)

Bank.

(8)

Drugstore, cigar or news stand, barber or beauty shop or florist shop when the combined uses of which occupy not more than ten percent of the total floor area of a building.

(9)

Multiple dwellings when in conjunction with commercial building.

(10)

Off-street parking facilities, including parking structures and storage garages.

(11)

Accessory building.

(12)

Reserved.

(13)

Establishments for the sale of lottery tickets as permitted by the laws of the State of Missouri, provided that it is only in conjunction with the operation of a commercial business at retail permitted in this district and the establishment has a minimum of 100 parking spaces of off-street parking. That sellers of lottery tickets, known as "instant game" (a game in which a preprinted ticket is purchased and upon removal of a covering on the ticket, the ticket bearer determines his or her winnings, if any) are exempt from the parking requirements of this provision.

(2)

None of the uses specified in subsection (1) above, except offices, private clubs, restaurants, cocktail lounges, when in conjunction with a private club or the business of a restaurant, or multiple dwelling units, shall be permitted above the first story of a building.

(Ord. No. 964, 6-26-72; Ord. No. 1798, §§ III, IV, 3-24-86; Ord. No. 1833, § IV, 7-14-86)

(1)

Where a building occupies all of the buildable portion of a lot, as determined by the front, side and rear yard requirements prescribed in section 4 of this article, the maximum height of the building shall not exceed 45 feet.

(2)

Where the building is located on a lot so as to provide additional open space over and above that required by section 4, the maximum building height may be increased by two feet for each foot by which the building is set back in addition to the required front, side and rear yards, provided that no part of the front wall of the structure shall be closer to the centerline of the abutting street than 50 percent of the height of such point above grade.

(1)

Front yard. There shall be a front yard having a depth of not less than 40 feet, except for land lying along and adjacent to Manchester Road, which shall have a front yard having a depth of not less than 60 feet.

(2)

Side yard. There shall be a side yard on each side of a building having a width of not less than ten feet.

(3)

Rear yard. There shall be a rear yard having a depth of not less than 20 feet.

(4)

Intensity of use and floor area.

(1)

A lot on which there is erected a multiple dwelling shall contain an area of not less than 500 square feet for each family.

(2)

Each dwelling unit or apartment shall contain no less than 500 square feet of floor space.

(1)

Whenever a building or any portion thereof is erected, converted or structurally altered for dwelling purposes, there shall be provided 1½ off-street parking spaces on the lot, either garage or surfaced area, for each dwelling unit in such building.

(2)

Whenever any building is erected and used for any of the other purposes permitted in section 2 of this article, there shall be provided and permanently maintained on the lot or within 300 feet of any lot line a surfaced area or structure for the parking of motor-driven vehicles, which area or structure shall be conveniently accessible to existing streets. The amount of area that is provided and permanently maintained for vehicular parking shall be in the ratio of 1½ parking spaces for each 300 square feet of floor space used for nonresidential purposes.

The owner or owners of any tract of land may petition the board of aldermen for the establishment of the planned limited commercial district. The application shall include the following:

(1)

Legal description of the area to be encompassed in said district; and

(2)

Evidence of unified ownership or control of the area applied for; and

(3)

Statement of petitioner's experience and background in real estate development and residential or commercial construction; and

(4)

Preliminary site plan indicating the number and types of buildings, provisions for stormwater drainage, number of living units contemplated, area to be devoted to uses other than residential, topography, off-street parking facilities, utility easements, sanitary sewer facilities and entrance and exit driveways; and

(5)

Be accompanied by a plat (in duplicate) drawn to scale, showing the actual dimensions of the lot to be built upon, the size and shape and location of the building and accessory building to be erected and locations of nearby streets.

(1)

Upon establishment of a planned limited commercial district by the board of aldermen, the petition shall be referred back to the zoning commission for consideration of the final development plan, which shall be submitted to the zoning commission by the applicant within 180 days after the establishment of the planned limited commercial district by the board of aldermen. The zoning commission shall recommend the approval or disapproval of the final development plan to the board of aldermen and shall refer such plan back to the board of aldermen for approval or disapproval.

(2)

Upon approval by the board of aldermen of the final development plan, three copies thereof shall be filed with the city clerk.

(3)

No building permit shall be issued by the building commissioner for any structure in a planned limited commercial district that does not conform to the final development plan as approved by the board of aldermen. During the course of construction, no changes shall be made in the final development plan unless approved by the board of aldermen.

(4)

If substantial work or construction is not started within one year of the date of the approval of a final development plan by the board of aldermen, no further building permit for the project shall be issued and the board of aldermen may move to rezone the property or any portion thereof to the zoning district classification that prevailed prior to the approval of the planned limited commercial district.

(5)

The reissuance of building permits may be authorized and the time limitations specified in this section may be extended by the board of aldermen for reason.

(6)

The final development plan submitted for approval by the applicant shall contain the following:

(1)

A drawing to scale, with contour lines at intervals not exceeding five feet, which shall show the following:

(a)

Location, use and heights of all buildings and structures on the tract.

(b)

The location of streets, off-street parking facilities, proposed landscaping, utility easements and storm and sanitary sewer facilities.

(c)

Ingress and egress facilities for all motor-driven vehicles entering or exiting the development.

(2)

Front, rear and side elevations of each structure contemplated in the development, including the type of construction proposed and the construction materials to be used.

(3)

Proposed construction schedule for the development.