Brentwood City Zoning Code

With parking in front of building, fifty (50) feet with a minimum ten (10) foot landscape buffer at the right-of-way.

Without parking in front of building, thirty (30) feet.

Minimum side or rear yard. No building built within this district shall be located closer than fifteen (15) feet from any side or rear property line. If any property adjacent to the site is zoned to an "A", "B" or "AR" zoning classification, all buildings less than three (3) stories or thirty-five (35) feet in height, whichever shall be greater, shall be set back a minimum of fifty (50) feet from the property line abutting such a district. All buildings taller than three (3) stories or thirty-five (35) feet shall be set back a minimum of one (1) additional foot for each additional foot in height from property zoned to an "A", "B" or "AR" category. Only landscaping and fences serving as a buffer may be located within the first twenty-five (25) feet of the resulting setbacks.

Maximum site coverage. Fifty-five percent (55%).

Off-street parking and loading. See Article IV.

Signs. See Chapter 410.

Development Standards — Single-Family Dwellings. The standards for development of all detached single-family dwellings within this district shall be governed by the requirements of Subsection (E).

Use Limitations.

Elevators shall be provided for vertical circulation in any instance where a resident would otherwise be required to walk up a vertical distance of two (2) stories or twenty (20) feet from the front or primary entrance of a building to the entrance of the apartment or dwelling.

All ingress and egress to property within the "MR" District from a public right-of-way shall be subject to specific approval by the Planning and Zoning Commission by site plan approval as provided in Article II, Division 9.

Section 400.1360 "RSC" Retail-Service Commercial District.

[R.O. 2009 §25-257; Ord. No. 2739 §§43-26.1 — 43-26.6, 5-20-1985; Ord. No. 3455 §2, 12-4-1995; Ord. No. 3543 §4, 6-16-1997; Ord. No. 3662 §4, 7-19-1999; Ord. No. 3752 §§1 — 2, 2-5-2001; Ord. No. 3847 §1, 10-21-2002; Ord. No. 3942 §2, 6-21-2004; Ord. No. 4115 §1, 2-4-2008]

Purpose. The "RSC" Retail-Service Commercial District is intended to primarily accommodate convenience retail shopping, services and professional offices which are compatible in scale and intensity of use with adjacent residential uses.

Permitted Uses. Any structure or land in the "RSC" Retail-Service Commercial District may be used for the following purposes, subject to all of the other provisions and limitations of this Chapter and of other applicable regulations, ordinances and Statutes of the City, County or State. Within the "RSC" District, permitted uses are prescribed for different classes of sites based on site size.

Class A: Less than one-half (½) acre. The following uses are permitted on sites of one-half (½) acre (21,780 square feet) or less in area:

Professional offices;

Accessory uses as provided in Article V, Division 3.

Class B: More than one-half (½) acre. The following uses are permitted on sites of one-half (½) acre (21,780 square feet) or greater provided that the total gross leasable floor area of any single store, shop, establishment or office facility shall not exceed five thousand (5,000) square feet in area.

Personal service businesses;

Bakery shops, including the processing of bakery goods for sale only on the premises;

Drugstores;

Grocery stores, delicatessens and specialty food sales;

Butcher shops;

Dry cleaning pickup stations but no plants or laundry facilities;

Books, stationery stores;

Ice cream and candy store;

Offices;

Churches and other houses of worship;

Financial institutions;

Private child day care centers;

Public or private non-commercial parks or open space;

Public or private not-for-profit schools;

Public facilities of an administrative, recreational, transportation or public safety function, but excluding maintenance, storage or service facilities;

Accessory uses as provided in Article V, Division 3;

Any use which in the judgment of the Planning and Zoning Commission is essentially identical or very similar to one (1) or more of the above listed uses and which conforms with the intent and purpose of this Section and with the use limitations provided in Subsection (F);

Barbershop;

Bicycle sales and repair shop;

Dance academy;

Electric radio and television repair shops;

Shoe repair shop;

Photography gallery;

Tailor shop.

[Ord. No. 4723 § 5, 8-15-2016]

Class A:

Public utility substations and transmission facilities;

Personal service businesses;

Retail sales;

Books and stationery stores;

Ice cream and candy stores;

Offices;

Dry cleaning pickup stations provided they do not involve plants or laundry facilities;

Public or private non-commercial parks and open spaces;

Any use, which in the judgment of the Zoning Administrator, is essentially identical to or, similar to, one (1) or more of the above listed uses and which conforms with the intent and purpose of this Section and with the use limitations provided in Subsection (F).

Class B:

All uses in Subsection (B) which exceed five thousand (5,000) square feet;

Motor vehicle filling and service stations, see Article V, Division 4;

Drive-in or carry-out sales of food or other goods or services including drive-in banking facilities;

Mortuary;

Motor vehicle repairs and washing, including the regular installation of accessories, tires or batteries;

Indoor or outdoor commercial entertainment or recreation facilities including, but not limited to, video games, theatres, bowling, swimming pools, miniature golf, etc.;

Sales, rental, leasing or storage of motor vehicles, trailers, boats or aircraft;

Public utility substations and transmission facilities;

Restaurant, tavern or cocktail lounge;

Orphanage or children's home;

Nursing or retirement home;

Commercial parking lot;

Residential use attached or on the same premises as a permitted use provided the permitted commercial use is the primary use;

Dry cleaning or laundry facility;

Sale of goods at wholesale;

Check-cashing business (classified under NAICS Code 522390) and personal credit institutions (all uses within NAICS Code 522210) based on the following special criteria:

All property lines of the lot on which the business is located shall be at least three hundred (300) feet from the nearest property line of any church, synagogue or similar place of worship, any school or any residentially zoned property;

All property lines of the lot on which the business is located shall be at least one thousand (1,000) feet from the nearest property line of any other use classified within NAICS Code 522390 or NAICS Code 522210 or any pawnshop, including such businesses or pawnshops located outside the Brentwood City limits;

The establishment shall not be open for business between the hours of 8:00 P.M. and 7:00 A.M.;

The establishment shall have an interior space for patrons to transact business and shall have no drive-up or walk-up window;

(5)

No bars, heavy mesh screens or similar material shall be allowed on the exterior of the building and no such material located on the interior of the building shall be visible from the outside of the building;

(6)

Such additional criteria deemed necessary by the Board of Aldermen to protect the public health, safety and welfare.

Pawnbrokers;

Tattoo, body piercing or branding establishments;

Coin-operated laundry.

Site Plan Required. A site plan shall be required for all proposed developments within the "RSC" District as provided in Article II, Division 9.

Use Regulations.

Lot size requirements.

Minimum lot area. Seven thousand five hundred (7,500) square feet.

Minimum lot width. Fifty (50) feet.

Minimum lot depth. One hundred (100) feet.

Building bulk regulation.

Maximum structure height. Two and one-half (2½) stories or thirty-five (35) feet.

Maximum site coverage. Seventy percent (70%).

Maximum floor area ratio. One-half (½).

Yard and setback requirements.

Minimum front yard. No building or structure shall be located closer than twenty-five (25) feet from a public right-of-way. If parking is to be located in front of a building or structure, the structure or building shall be set back a minimum of fifty (50) feet from the right-of-way. The provisions of Section 400.1840 shall prevail where applicable on major streets and highways. In every instance, the first ten (10) feet of the front yard setback from the right-of-way shall be provided with and maintained with sidewalks, unless improved sidewalks exist in the abutting public right-of-way, and with landscaping, including, but not limited to, deciduous trees at regular intervals.

Minimum side yard. None required where commercial buildings are constructed simultaneously with party walls or fire walls or, if abutting a public alley. If a side yard is provided or if the property abuts property of a different zoning classification, a minimum side yard of twelve (12) feet shall be provided.

Minimum rear yard. None required where property abuts "RSC" or "GC" commercial districts or the "LID" Light Industrial District. A twenty-five (25) foot rear yard shall be provided where property abuts a residential zoning district.

Transitional yards. Where a side or rear lot line coincides with a side or rear lot line of any lot in an adjacent residential zoning district ("A", "B", "AR" or "MR"), then a landscaped yard of at least fifteen (15) feet in width shall be provided along such a lot. In addition, for any use which involves the construction of a new structure or the expansion of an existing structure, a masonry wall or solid fence of at least six (6) feet but not more than eight (8) feet in height shall be provided in such transitional yard within two (2) feet of the property line.

Off-street parking and loading. See Article IV.

Environmental controls. All development shall conform with the environmental performance standards provided in Article V, Division 6 and with all other appropriate environmental controls, including Section 400.1880 and Article V, Division 7.

Signs. See Chapter 410.

Architectural standards. The following standards shall apply to construction in this district.

The use of metal siding is prohibited on any elevation of any building that is visible from Manchester Road, Brentwood Boulevard, Eager Road or Hanley Road and on any elevation that abuts property that is zoned or used for residential purposes. This requirement does not pertain to metal roofs.

If mechanical HVAC equipment that is installed on the roof of any structure in this district is visible from grade level in residential areas or is visible from Manchester Road, Brentwood Boulevard, Eager Road or Hanley Road, said equipment shall be screened by a wall with a finish surface compatible in design and color to that which is used as a finish building wall material. The purpose of the screen is to prevent said equipment from being visible from residential areas while serving as a deterrent to the transmission of sound into residential areas.

Use Limitations

All business establishments shall be retail or service establishments dealing directly with consumers primarily and all goods produced or treated on the premises shall be sold at retail on the premises where produced unless otherwise permitted by conditional use permit, see Article II, Division 6 to be sold at wholesale.

All businesses, services, storage, merchandise display, repairing and processing shall be conducted wholly within an enclosed building, except for accessory off-street motor vehicle parking for customers, employees, residents or visitors, and off-street loading, or unless expressly permitted by a conditional use permit, see Article II, Division 6 of this Chapter.

Processes and equipment employed and goods processed or sold should be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibration, refuse matter, water-carried waste, pollutants or matter which in any manner create or constitute a nuisance.

Section 400.1370 "GC" General Commercial District.

[R.O. 2009 §25-258; Ord. No. 2739 §§43-27.1 — 43-27.6, 5-20-1985; Ord. No. 2776 §1, 2-17-1986; Ord. No. 3099 §1, 11-19-1990; Ord. No. 3461 §2, 2-5-1996; Ord. No. 3543 §4, 6-16-1997; Ord. No. 3662 §5, 7-19-1999; Ord. No. 3752 §§1 — 2, 2-5-2001; Ord. No. 3847 §1, 10-21-2002; Ord. No. 4115 §1, 2-4-2008; Ord. No. 4175 §1, 4-6-2009]

Purpose. The "GC" General Commercial District is intended, by site plan approval and other procedures hereinafter set forth, to provide for the development of retail commercial, business service and office uses.

Permitted Uses. Any structure or land in the "GC" General Commercial District may be used for the following purposes, subject to all of the other provisions and limitations of this Chapter and of other applicable regulations, ordinances and Statutes of the City, County or State. Within the "GC" District, permitted uses are prescribed for different classes of sites based on site size.

Class A: Less than one-half (½) acre. The following uses are permitted on sites of one-half (½) acre (21,780 square feet) or less in area:

Professional offices;

Accessory uses as provided in Section Article V, Division 3.

Class B: More than one-half (½) acre. The following uses are permitted on sites of one-half (½) acre (21,780 square feet) or greater:

Stores in which beverages, pharmaceuticals, household supplies and personal use items are sold at retail;

Retail service establishments, including:

Barbershops;

Beauty shops;

Dry cleaning pickup stations but no plants or laundry facilities;

Self-service laundry and dry cleaning establishments;

Shoe repair shops;

Custom dressmaking;

Tailoring;

Photography studio;

Watch repair;

Opticians and optometrists.

Grocery stores, delicatessens and specialty food sales;

Bakeries, including the processing of bakery goods for sale only on the premises;

Household appliance sales and repair;

Home and office furniture and furnishings sales and repair, including antiques and interior decorations;

Pet shops, pet sales, food and supplies;

Garden supplies;

Hardware, paint, glass or wallpaper sales;

Medical or dental clinic or laboratory;

Printing, lithography and publishing, including office duplicating;

12.

Retail stores providing for the sale of consumer goods normally found in a shopping center, including the sale of clothing and apparel, equipment for hobbies and sports, gifts, plants, dry goods and toys;

13.

Auditoriums and other assembly halls;

14.

Offices;

15.

Private clubs, lodges or organizations of a fraternal or religious nature;

16.

Undertaking establishments and funeral parlors;

17.

Radio, television broadcasting studios;

18.

Private or public schools;

19.

Churches and other houses of worship;

20.

Financial institutions without separate, freestanding drive-in facilities;

21.

Public facilities of an administrative, recreational, transportation or public safety function, but excluding maintenance, storage or service facilities;

22.

Veterinarian or animal hospital.

[Ord. No. 4723 § 5, 8-15-2016; Ord. No. 5008, 3-7-2022]

Class A: [Less than one-half (1/2) acre.]

Public utility substations and transmission facilities;

Personal service businesses;

Retail sales;

Books and stationery stores;

Ice cream and candy stores;

Offices;

Dry cleaning pickup stations provided they do not involve plants or laundry facilities;

Public or private non-commercial parks and open spaces;

Any use, which in the judgment of the Zoning Administrator, is essentially identical to or, similar to one (1) or more of the above listed uses and which conforms with the intent and purpose of this Section and with the use limitations provided in Subsection (E).

Class B: [More than one-half (1/2) acre.]

Public utility substations and transmission facilities, collection facilities and processing plants;

Private child day care centers or nurseries;

Nursing or retirement homes;

Enclosed or open recreational uses, including, but not limited to, video games, tennis, handball or paddleball, swimming, skating, gymnasium or health club, bowling, etc., but excluding outdoor theaters;

Motels and hotels;

Restaurants;

Drive-in or carry-out sales of foods or of other goods or services, including freestanding drive-in banking facilities;

Taverns and cocktail lounges;

Dry cleaning or laundry facility;

Pet boarding facility, including day care and overnight boarding for domesticated dogs and cats.

Use Regulations.

Lot size requirements.

Minimum lot area. Seven thousand five hundred (7,500) square feet.

Minimum lot width. Fifty (50) feet.

Minimum lot depth. One hundred (100) feet.

Building bulk regulations.

Maximum structure height. Two and one-half (2½) stories or thirty-five (35) feet.

Maximum site coverage. Seventy percent (70%).

Maximum floor area ratio. One-half (½).

Yard and setback requirements:

Minimum front yard. No building or structure shall be located closer than twenty-five (25) feet from a public right-of-way. If parking is to be located in front of a building or structure, the structure or building shall be set back a minimum of fifty (50) feet from the right-of-way. The provisions of Section 400.1840 shall prevail where applicable on major streets and highways. In every instance, the first ten (10) feet of the front yard setback from the right-of-way shall be provided with and maintained with sidewalks, unless improved sidewalks exist in the abutting public right-of-way, and with landscaping including, but not limited to, deciduous trees at regular intervals.

Minimum rear yard. None required where property abuts an "RSC" or "GC" commercial district or a "LID" Light Industrial District. If any property adjacent to the site is zoned to an "A", "B", "AR" or, "MR" zoning classification, there shall be a twenty-five (25) foot rear yard.

Transitional yards, etc.

Where a side or rear lot line coincides with a side or rear lot line of any lot in an adjacent residential zoning district ("A", "B", "AR" or "MR"), then a landscaped yard of at least twelve (12) feet in width shall be provided along such a lot. In addition, for any use which involves the construction of a new structure or the expansion of an existing structure, a masonry wall or solid fence of at least six (6) feet but not more than eight (8) feet in height shall be provided in such transitional yard within two (2) feet of the property line.

Where the rear or side wall of any non-residential structure is located directly across the street from the front yard of any residential structure located in a residential district, a landscaped yard of at least twelve (12) feet in width shall be provided along the entire length of such rear or side wall. The transitional yard requirement may be modified by conditional use permit or by site plan approval as provided in Article II, Division 6. Such modifications may impose more stringent or less stringent requirements.

Off-street parking and loading. See Article IV.

Environmental controls. All development shall conform with the environmental performance standards provided in Article V, Division 6 and with all other appropriate environmental controls, including Section 400.1880 and Article V, Division 7.

Signs. See Chapter 410.

Architectural standards. The following standards shall apply to construction in this district.

If mechanical HVAC equipment that is installed on the roof of any structure in this district is visible from grade level in residential areas or, is visible from Manchester Road, Brentwood Boulevard, Eager Road or Hanley Road, said equipment shall be screened by a wall with a finish surface compatible in design and color to that which is used as a finish building wall material. The purpose of the screen is to prevent said equipment from being visible from residential areas while serving as a deterrent to the transmission of sound into residential areas.

Use Limitations.

All businesses, services, storage, merchandise display, repairing and processing shall be conducted wholly within an enclosed building, except for accessory off-street motor vehicle parking for customers, employees, residents or visitors and off-street loading or unless expressly permitted by conditional use permit (see Article II, Division 6).

Used motor vehicles, trailers, boats or recreation vehicles may be sold only in conjunction with and on the same lot or site as the sale of new vehicles of the same type and under the same business ownership or management.

Site plan approval by the Board of Aldermen on the recommendation of the Planning and Zoning Commission shall be required for all proposed developments in the "GC" General Commercial District.

Section 400.1375 "MC" Manchester Corridor Commercial District

[Ord. No. 4873, 4-1-2019]

Purpose. The "MC" Manchester Corridor Commercial District is intended, by site plan approval, design standards, supplemental standards, and other procedures hereinafter set forth, to provide for the development of retail commercial, office, business and personal service, and multi-family uses for an area along either side of the Manchester Road corridor in the City of Brentwood. It is intended to promote larger planned, mixed-use development with an emphasis on architecture and site design that creates a distinct character for the area and promotes property assembly to create unified land use development. The purposes of this district include the following goals and objectives:

Reduce vehicular access points for greater pedestrian and vehicular traffic safety;

Limit permitted uses for smaller parcels to encourage and promote property assembly for larger, planned mixed-use development;

Create a pedestrian-friendly, walkable environment with clear and ample access to the City and Great Rivers Greenway trail system and open-spaces along the flood mitigation areas;

Encourage building site placement and design that encourages creation of a "sense of place" and capitalizes on the trail and park-like areas that the flood mitigation project will create in the area;

Promote a mix of land uses and density that creates an identity for the area and can offer the potential to create a "live/work" environment that can take advantage of the District's proximity to public transit;

Encourage increased private investment that will more closely mirror the City's significant investment to mitigate/eliminate the recurrent flooding;

Provide benefit to existing property owners though flood mitigation and the increased value of land that these regulations promote.

Applicability. These provisions of this Section shall apply to all development within the "MC" District involving:

New construction on a vacant or cleared site;

Rehabilitation of existing structures which exceeds current market value of the land and improvements according to the most recent St. Louis County Assessor market valuation by more than fifty percent (50%);

Represents a change of use from its most recent or current use to a use not of the same type; or

Is no longer a legally non-conforming use in accord with the provisions of Article VI, Division 1 and Division 2 of this Chapter.

In addition, site plan approval by the Board of Aldermen on the recommendation of the Planning and Zoning Commission in accord with the provisions of Article II, Division 9 of this Chapter shall be required for all proposed developments in the "MC" Manchester Corridor Commercial District involving new construction on a cleared site or renovation/rehabilitation of an existing building requiring a building permit.

Permitted And Conditional Uses — General. Any structure or land in the "MC" Corridor Commercial District may be used for purposes as listed in Subsections (D) and (E) of this Section, subject to all other provisions and limitations of this Chapter and of other applicable regulations, ordinances and Statutes of the City, County or State. Within the "MC" District, permitted and conditional uses are prescribed for different sites based on site size; however, permitted uses and conditional uses are subject to the following additional requirements and restrictions:

All development shall be in accordance with the City's adopted Comprehensive Plan or parts thereof or applicable amendments, including proposed land use and public improvement elements.

All business, services, storage, merchandise display, repairing and processing shall be conducted wholly within an enclosed building, except for the following:

Accessory off-street motor vehicle parking for customers, employees, residents or visitors and off-street loading;

Outdoor area of display of seasonal merchandise or other uses defined as "special uses" in Article I, Section 400.020 and subject to the provisions thereof;

Other uses expressly permitted by conditional use permit (see Article II, Division 6).

Used motor vehicles (automobiles, light trucks, and motorcycles capable of being titled and licensed under Missouri law), may be sold only in conjunction with and on the same lot or site as the sale of new vehicles of the same type and under the same business ownership or management.

Processes and equipment employed, and goods processed or sold, should be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibration, refuse matter, water-carried waste, pollutants or matter which in any manner create or constitute a nuisance.

Permitted Uses. Depending on the site size as described below, the following uses are permitted in the "MC" District.

Class A: Two (2) Acres Or Greater. In addition to the permitted Class B and Class C uses, the following uses are permitted on sites of two (2) acres (87,120 square feet) or greater:

Professional offices;

Retail stores providing for the sale of new consumer goods (i.e., clothing and apparel, equipment for hobbies and sports, jewelry, books, candy, gifts, dry goods, toys, etc.) and including the sale of plants, pet shops, and bakeries;

Personal service establishments, including beauty shops, nail salons, dry cleaning pick-up stations but no plants or laundry facilities, custom dressmaking and tailoring, photography studio, spas and massage therapy (subject to definition of a massage therapy business);

Grocery stores, delicatessens and specialty food sales;

Home and office furniture and furnishings sales and repair, including antiques and interior decorations;

Hardware, paint, glass, wallpaper or flooring sales;

Garden supplies;

Medical or dental clinic or laboratory;

Printing, lithography and publishing;

Public facilities of an administrative, recreational, transportation or public safety function;

Public parks and open spaces, pedestrian and biking trails, and properties associated with stormwater and flood mitigation facilities;

Household appliance sales and repair;

Veterinarian or animal hospital;

Outdoor display and sale of merchandise as an accessory use to a permitted use subject to the provisions of Subsection (C)(2)(b) above.

Any use, which in the judgement of the Director of Planning and Development, is essentially identical to or, substantially similar to, one (1) or more of the above listed uses and which conforms with the intent and purpose of this Section and with the General Use limitations provided in Subsection (C) above.

Class B: At Least One (1) Acre But Less Than Two (2) Acres. The following uses are permitted on sites of at least one (1) acre (43,560 square feet) but less than two (2) acres (87,120 square feet):

Professional offices;

Public facilities of an administrative, recreational, transportation or public safety function;

Public parks and open spaces, pedestrian and biking trails, and properties associated with stormwater and flood mitigation facilities;

Outdoor display and sale of merchandise as an accessory use to a permitted use subject to the provisions of Subsection (C)(2)(b) above.

Any use, which in the judgement of the Director of Planning and Development, is essentially identical to, or substantially similar to, one (1) or more of the above listed uses and which conforms with the intent and purpose of this Section and with the General Use limitations provided in Subsection (C) above.

Class C: Less Than One (1) Acre. The following uses are permitted on sites of less than one (1) acre (43,560 square feet).

Professional offices;

Public parks and open spaces, pedestrian and biking trails, and properties associated with stormwater and flood mitigation facilities.

Conditional Uses. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Article II, Division 6, after receipt of the recommendation of the Planning and Zoning Commission and subject to such restrictions and conditions as are deemed necessary. The Board may add any restrictions or conditions it deems best serve the public interest after consideration of the circumstances of the use, the facility, the specific site and the surrounding environs.

Class A Or B Sites.

Public utility substations and transmission facilities, collection facilities and processing plants;

Commercial parking facilities and parking structures associated with multiple-building and mixed-use planned development;

Enclosed or open commercial recreational uses, including, but not limited to, video games, tennis, handball or paddleball, swimming, skating, gymnasium or health club, bowling, dance studios, etc., but excluding outdoor theaters;

Hotels;

Restaurants, micro-breweries, micro-distilleries, wine bars offering food, beverages and/or on-site entertainment and outdoor dining;

Drive-through facilities, drive-in or carry-out sales of foods or of other goods or services; including restaurants, financial institutions, drug stores and car washes;

Dry cleaning or laundry facility;

Pet boarding facility, including day care and overnight boarding for domesticated dogs and cats;

Manufacturer-franchised new-vehicle automobile dealership whose point-of-sale is within the District (including used car sales in proportion to annual average National Automobile Dealers Association (NADA) ratios between new and used vehicle sales based on published NADA data at a manufacturer-franchised dealership) and including vehicle service facilities;

Day care centers;

Any building or structure more than three (3) stories or forty-five (45) feet in height;

Apartment or condominium dwellings;

Warehouse or storage accessory to a permitted or conditional use but only to the extent that such use does not exceed more than thirty percent (30%) of the gross floor area of the primary use;

Any development containing a mix of the permitted uses specified in Subsection (D)(1) or (D)(2) above or conditional uses specified in this Subsection (E);

Single-tenant retail with a building footprint greater than twenty thousand (20,000) square feet;

Banks, credit unions, or other financial institutions (but not including check cashing businesses, short-term/payday loan operations, pawn shops, or rent to-own facilities);

Private non-commercial parks and open spaces.

Medical marijuana dispensary facility.

[Ord. No. 4885, 8-7-2019]

Class C Sites:

Public facilities of an administrative, recreational, transportation or public safety function;

Private non-commercial parks and open spaces.

Medical marijuana dispensary facility.

[Ord. No. 4885, 8-7-2019]

Use Regulations.

Lot Size Requirements.

Minimum Lot Area:

Class A — Two (2) acres (87,120 square feet).

Class B — One (1) acre (43,560 square feet);

Class C — One-half (1/2) acre (21,780 square feet).

Minimum Lot Width:

Class A — Two hundred fifty (250) feet.

Class B — One hundred fifty (150) feet.

Class C — One hundred twenty-five (125) feet.

Minimum Lot Depth:

Class A — Two hundred fifty (250) feet.

Class B — One hundred fifty (150) feet.

Class C — One hundred twenty-five (125) feet.

Maximum Floor Area Ratio. The regulations of Article III, Section 400.1400(E)(1), Use Regulations shall apply.

Building Bulk, Height, And Setback Regulations. The regulations of Article III, Section 400.1400(E)(3) and (E)(4), Building Regulations and Building Bulk Regulations shall apply; provided, however, that building height can be further limited during the site plan approval process to avoid circumstances where excessive height would result in structures in this District being substantially disproportion to the height of neighboring properties, especially residential properties, in other zoning districts so as to compromise access to light and air or lend the appearance that properties in this District loom over or appear to dominate uses on nearby properties.

Yard And Setback Requirements. In the "MC" Manchester Corridor Commercial District, building setback for all Class B and Class C uses, or a development approved by site plan review and in accordance with the procedures of Article III, Section 400.1380, yard and setback requirements will be determined as part of the site plan approval process. All proposed development and uses on individual lots must comply with the standards below:

Minimum Front Yard. Buildings shall be located at least five (5) feet from the right-of-way where the property line is coterminous with the right-of-way but in any event not closer than fifteen (15) feet from the back of curb line of Manchester Road. The provisions of Section 400.1840 shall prevail where applicable on Manchester Road. Where improved sidewalks exist in the abutting public right-of-way, the provisions of this Subparagraph (a) may be waived or modified as part of the site plan review process of Article II of this Chapter that is required for all development and uses within the "MC" District. See applicable example for setbacks on the north and south side of Manchester Road in Figure 5-1.

Minimum Side Yard. None required where commercial buildings are constructed simultaneously with party walls or firewalls, otherwise a minimum side yard of ten (10) feet shall be provided subject to the exceptions of Subsection (4)(c), below (See Figure 5-2):

Building Setbacks Along Streets Intersecting Manchester Road. Along any street intersecting Manchester Road and within any portion of the "MC" District wherever the MC District contains or adjoins a publicly maintained greenway, trail or park area, in order to provide viewsheds into the adjoining park-like scenes, the building setbacks show in Figure 5-3 shall apply.

In locations where the side yard is adjacent to an existing or proposed street connecting to Manchester Road generally on a north/south axis, the side yard or building setback line shall be not less than fifty (50) feet measured from the centerline of said street or not less than thirty-two (32) feet from the back curb line of either side of said street;

In locations where the front yard is adjacent to an existing or proposed street connecting to Manchester Road generally on a north/south axis, the front yard or building setback line shall be not less than fifty (50) feet measured from the centerline of said street or not less than thirty-two (32) feet from the back curb line of either side of said street;

Either of these standards may be modified during the site plan review process of Article II, Division 9 of this Chapter as required in Subsection (B)(5) of this Section but in any event the viewshed created by this standard shall not reduce the distance between buildings abutting either side of such street to less than one hundred (100) feet.

Minimum Rear Yard. A minimum rear yard of ten (10) feet shall be provided. If any property adjacent to the site is zoned to an "A," "B," "AR" or, "MR" zoning classification, there shall be a twenty-five (25) foot rear yard and a sight-proof fence complying with the provisions of Article V, Division 5, of this Chapter.

Transitional Yards, Etc.

Where a side or rear lot line coincides with a side or rear lot line of any lot in an adjacent residential zoning district ("A," "B," "AR" or "MR"), then a landscaped yard of at least twelve (12) feet in width shall be provided along such a lot. In addition, for any use that involves the construction of a new structure or the expansion of an existing structure, a masonry wall or solid fence complying with Article V, Division 5 of this Chapter of at least six (6) feet but not more than eight (8) feet in height shall be provided in such transitional yard within two (2) feet of the property line.

The transitional yard requirement may be modified by conditional use permit or by site plan approval as provided in Article II, Division 9. Such modifications may impose more stringent or less stringent requirements in order to mitigate the adverse effects of one (1) land use upon another or conflicts between two (2) different land uses.

Off-Street Parking And Loading. All off-street parking and loading is required to comply with Article IV of this Chapter, but those requirements may be modified in conjunction with the site plan review process to reduce parking requirements and minimize paved surfaces based on the standards outlined in Subsection (G)(3), of this Section. Access to off-street parking and loading must be accessed via controlled access points and may not allow for parking that provides direct pull-in and back-out parking to and from Manchester Road across the site frontage. To reduce curb-cuts onto Manchester Road, all off-street parking for new development or redevelopment of existing sites must have access to an adjoining street other than Manchester Road and must provide for cross-access to adjacent property.

Environmental, Stormwater Management, Grading And Erosion; And Flood Hazard Controls. All development shall conform with the environmental performance standards provided in Article V, Division 6; the stormwater management, grading and erosion control provisions of Article V, Division 7; and the flood hazard control requirements of Article V, Division 8.

Signs. In conjunction with site plan review, a comprehensive sign plan in accord with the provisions of Chapter 410 must be provided and approved as part of site plan approval.

Development Requirements, Guidelines, And Standards. To achieve the goals and objectives as outlined in Subsection (A) of this Section and achieve the City's vision for the Manchester Road Corridor, the following development standards are established for each class and use within the Manchester Road Corridor. It is recognized that not all of the standards may be attainable with particular property or uses. Therefore, the regulations in the "MC" District are intended to provide flexibility to property owners and developers for many types of development particularly for the Class A and B sites as provided for in Subsection (F) of this Section with respect to building height and development density. In addition, the regulations are meant to provide a certain degree of latitude to the Planning and Zoning Commission and the Board of Aldermen to vary from these or other regulations when reviewing site plans in order to achieve the goals and objectives of the Comprehensive Plan and these regulations. The degree to which a site plan for development meets or exceeds the design standards set forth in this Subsection shall be considered and will be evaluated when considering site plans for proposed development. A developer should be prepared to explain why certain development standards cannot be met or that alternatives serve the same purpose as the standard. The standards are intended to allow the Manchester Road Corridor to become another recognized location within the City as a live/work/relax location. Examples of the various standards and/or design features intended to be carried out within the "MC" District are included throughout this Section.

Building Design. New buildings should be designed to include common features and materials so that a sense of place and character is created for the "MC" District.

Exterior Building Materials. Building materials should be used and installed in keeping with the chosen architectural style. Building material colors should be varied and complementary and three (3) colors per elevation required. Except as minor accents for trim such as window frames or entry doors, primary or garish colors should be avoided. Materials should be of a scale appropriate to the pedestrian and complement adjacent structures. The table entitled "Exterior Material Legend" below provides a listing of approved/not approved materials. This table is intended to provide direction but is not intended to represent absolute approval or disapproval of any listed item and will depend on building architecture.

EXTERIOR MATERIAL LEGEND
Acceptable Exterior Materials	Generally Unacceptable Exterior Materials
Brick or brick veneer	Vinyl or aluminum siding
Natural Stone (limestone, brownstone, lannon stone, marble, granite)	Veneer based plywood siding
Metal panels (used as accent features, includes types such as Alucobond, Alpolic, or similar)	Plywood panels (such as T1-11)
Cement-fiber siding	Plexiglas
Decorative Concrete Masonry Units (CMU) or architectural cement block	Corrugated Metal with exposed fasteners (used as accent features and comprising no more than thirty percent (30%) of the exterior building materials used)
Concrete, including pre-cast panels (may be used when incorporating color, texture and architectural finish features)	Painted smooth concrete masonry units (unless used in locations behind screen walls)
Exterior grade wood (must be appropriate species for climate)	Exposed steel framing (unless integral to the design)
Composite siding	Corrugated tin roofing (unless dictated by the specific architectural style)
EIFS or Stucco (not on the first story and not more than thirty percent (30%) of the wall area exclusive of windows and doors)	Smooth-face concrete block
Vinyl trim (accent only)	Standing seam or batten seam metal roofing (unless dictated by the specific architectural style)
Glass block (may be used only as a feature element, not for glazing or windows)	Shake shingles
Brick and stone pavers
Manufactured stone
Commercial grade asphalt shingles
Slate roofing
Concrete tile roofing

Building Details. Each building shall incorporate several common architectural features, appropriate for the architectural style chosen. Examples include pilasters, piers, columns, friezes, cornices, and window surrounds. Building elements such as awnings, signs, doors, windows, and lighting should complement the architecture of the building facade and finishes (See Example 1).

Design Features And Structures. Use of awnings, canopies, or other design features should enhance main facades, especially at building entries. Attached structures such as covered arcades or porte cocheres shall be compatible with and complement the overall design of the building and its facade (See Example 2).

Building Entrances. Building entrances are required to be clearly delineated and indicate a clear transition from the exterior to the interior of the building. Every main entrance is required to have a special emphasis when compared to the other portions of the building. The building address should be clearly displayed in a readable typeface of sufficient size for reading from a vehicle at a reasonable distance and oriented to the street or drive frontage recognized by the US Postal Service and the City's Fire and Police Departments (See Example 3).

Facade Articulation. Buildings and parking structures of three (3) stories or less in height designed with completely flat facades and monotone color schemes are not permitted. All buildings and parking structures are required to have horizontal and vertical facade variations such as pop-outs, bays, recesses, arches banding, columns, or similar features. Buildings of more than three (3) stories may have a flat facade of uniform design above the third floor (See Example 4).

Height And Roofline. Single-story buildings should have varying roofline elevations to add architectural interest and avoid the appearance of long, monotonous roofline expanses. A variation such as a parapet or tower is required every fifty (50) feet of roofline. Also, if mechanical HVAC equipment that is installed on the roof of any structure in this district is visible from grade level in residential areas or, is visible from Manchester Road or any primary access road within a larger development, said equipment shall be screened by a wall with a finish surface compatible in design and color to that which is used as a finish building wall material. The back of parapets should also not be visible from Manchester Road or any primary access road within a larger development and must match the color and materials of the building (See Example 5).

Pedestrians/Bicycle Access. All buildings must be designed to encourage pedestrian activity and social interaction and create a walkable environment that encourages pedestrian access, as well as bicycle access, to and within the Manchester Road Corridor and connectivity to the adjacent greenway trail system.

Windows. Windows are key to the overall design of a building and the relationship between the exterior and interior. Eye level windows are required to relate to the scale of a person. Clear glass for storefronts, windows and doors, within the retail merchandising areas is required. Slightly tinted glass for energy efficiency purposes may be used. Window tints shall be grey, blue, or bronze. Mirrored glass is prohibited. Window signage is strongly discouraged (See Example 6).

Signs. Signs may only be located on buildings and will be planned for as part of the building's overall design and should integrate similar or complementary materials as the building, be harmonious in color, with controlled lighting and must include a comprehensive sign plan as provided for in Section 410.135 (See Example 7).

Corporate logos are any letter, character or symbol used to represent a person, corporation or business enterprise and are considered graphics which are defined as signage. Corporate logos may be incorporated into a sign so long as the sign is compliant with the provisions of Chapter 410 and is an integrated element of the building design and facade.

Signs, other than those indicating entry or exit locations, may not be located on parking structures or within parking lots except for instances where a parking structure contains ground floor retail uses.

Billboards are not permitted on any property within the "MC" District.

Site Design. New developments are required to match or complement surrounding new developments and landscapes to create a building and site design which follow the standards of this Chapter and adds positively to the overall "MC" District environment. Where applicable and appropriate site design should provide:

Outdoor seating at work places and restaurants that is:

•	Situated to provide a pleasant environment for users that is not adjacent to parked automobiles or other environmental detriments;
•	Located so as not to block or constrict entry and exit doors or impede pedestrian or bicycle movements;
•	Not located within the ten (10) foot shared sidewalk and bikeway on the south of Manchester Road.

Access to the Great Rivers Greenway and Flood Mitigation Greenway trail and park networks with a paved, ADA-accessible pathway of not less than six (6) feet in width from building entries and that is clearly delineated through parking areas or structures via changes in paving materials, texture, and/or color. Pedestrian easements and connections of appropriate width that can connect to other uses within the area shall also be provided where possible and appropriate with adjacent landscaping and lighting particularly where such connections are between buildings. To encourage and promote biking to and from the "MC" District bike racks shall be provided at appropriate locations at any building (See Example 8).

Elements such as plazas or large patio areas that can be used for occasional entertainment events and promote social interaction in pleasant environments.

Signage for wayfinding both within a development and the area overall that is of clear and consistent design.

Public art of appropriate type and scale that can help to create an identity for the "MC" District.

Other site design components related to building placement, screening, landscaping, and lighting and related standards are outlined below as follows:

Building Placement. Building placement must comply with the following standards:

The main facade of a building must be oriented to face the principal street on which it has frontage and for which it is addressed by the US Postal Service.

Buildings on corner lots must be oriented so that the main facade is giving equal treatment to each street on which it has frontage. Also, these buildings should include a prominent architectural feature of greater height than the rest of the roof, or emphasis at the corner where the two (2) public streets meet.

Utilities serving a site and the on-site structures must be located in underground easements that can serve multiple properties.

Screening. The following is required for screening:

Loading and service areas shall be screened with walls and landscaping. Where adjacent to residential areas, loading and service areas shall be located away from bordering residential property lines whenever possible and such areas must be completely screened and appropriately buffered with appropriate trees in accord with the standards set forth in Article IV, Section 400.1730. In all instances, views into loading and service areas from adjacent properties or uses must be minimized.

Mechanical equipment, whether ground level or roof top, shall be screened from ground-level view. Large trash receptacles, dumpsters, utility meters, satellite dishes, antennas, etc., shall be similarly treated and may not be located on the side of a building. Screening material shall consist of a masonry wall, sight-proof fencing of aluminum, steel, vinyl, dense landscaping, or any other such material that is found compatible and approved as part of the site plan approval process.

Chain-link fencing (including cloth, canvas, or vinyl-slat covered), smooth-face concrete block, and barb or razor wire topped fences and chain link are prohibited.

Landscaping. The landscaping requirements shall be as established by Article II, Division 10, Section 400.1210. In addition, the following requirements shall apply to all landscape plans:

A landscape plan sealed by a landscape architect registered in Missouri shall be submitted in conjunction with the development or site plan.

A landscape plan shall be drawn to scale, include dimensions and distances, and clearly delineate all existing and proposed vehicular movement and parking, and the location, size and description of all landscaping materials. All easements, transition buffer areas and setback areas shall be labeled and dimensioned. Outdoor furniture and fixtures for commercial and mixed-use development are encouraged and shall be considered part of the landscaping plan and identified on the landscape plan. The landscape plan must include an irrigation plan.

The property owner or designated agent shall be responsible for the maintenance, repair and replacement of all landscaping materials. All plant material and landscaped bed areas shall be tended and maintained in a healthy growing condition, free from refuse, debris and weeds.

Lighting. Proper layout, height, fixture selection and lighting level shall be incorporated as part of the site design requirements (See Examples 9 and 10). In addition, a lighting plan shall be submitted in conjunction with the site plan required by subsection (B) and Article VI, Division 1 and Division 2 of this Chapter based on the following standards unless varied as a result of the site plan review:

Site lighting (including parking and loading areas) shall use LED bulb technology from a concealed source and shall comply with, and shall have a color rendering index (CRI) of not less than sixty-five (65) and a correlated color temperature (CCT) of approximately 4,000 Kelvin (K) but not more than 4800 K so as to most closely represent daylight, not distort colors, but avoid the blue portion of the spectrum common to some LED lumens.

Site lighting and building lighting shall not spill over onto adjoining properties, highways, or in any way interfere with the vision of oncoming motorists.

Lighting fixtures shall be of a directional type capable of shielding the light source from direct view and aimed downward. The development plan or site plan must show the relationship of fixtures and the light patterns to each other, to the project site, to the buildings, and to the adjacent rights-of-way.

Site and parking lot lighting fixtures shall complement and harmonize with those of adjacent developments.

(5)

Fixtures used to accent architectural features, landscaping or art shall be located, aimed or shielded to minimize light spill into the surrounding environment.

(6)

Architectural lighting shall be recessed under roof overhangs or generated from a concealed source, low-level light fixture(s). Roof lights, lighted roof panels, and other methods of illuminating buildings, deemed inappropriate, are not allowed.

(7)

Decorative, low-level intensity, non-concealed source lighting that defines on-site vehicular and/or pedestrian ways are acceptable.

(8)

The lighting plan shall not conflict with the landscape plan, and the two (2) shall be submitted simultaneously for review.

(9)

Where developers are constructing public street improvements in conjunction with planned development projects, street lighting standards, luminaries, and fixture colors and styles shall be as established by the City and approved by the City's Director of Public Works or its traffic engineer.

Parking And Access. Developments which, in the opinion of the Planning and Zoning Commission and/or the Director of Planning and Development during site plan review, might generate a significant increase in traffic, vehicular turning movements, or alteration of traffic patterns, will require a traffic study by the City's traffic engineer. Site layout and design must address the needs of motorists, pedestrians, bicycles, and other forms of transportation. Access and safety on the site should be ensured for all users. In addition to the parking requirements established in Article IV, Sections 400.1470 through 400.1620, the following will be required:

Major internal circulation roadways must be separated from parking areas using curb and gutter, landscaping, pedestrian walkways, and lighting.

Separated cross-access for automobiles and pedestrians in parking lots is required. Cross-access for pedestrians shall consist of a dissimilar material from the parking lot.

Pedestrian cross-access within parking lots shall connect to sidewalks, bike paths, and/or multi-use paths within the public rights-of-way.

Loading and service areas should be located away from street edge and public circulation patterns.

Shared Off-Street Parking For Different Categories Of Uses: In order to minimize stormwater runoff through minimizing paved surfaces, development in the "MC" District should encourage situations where shared parking might be appropriate. Subject to site plan review by the Planning and Zoning Commission and written authorization of the Zoning Administrator, business establishments constituting different categories of use whose hours of operation have minimal overlap may share parking as follows:

Office use and a retail sales and service use. The parking requirement for the retail sales and service use may be reduced by twenty percent (20%), provided that the reduction does not exceed the minimum parking requirement for the office use.

Residential use and a retail sales and service use (other than eating and drinking establishments or entertainment uses). The parking requirement for the residential use may be reduced by thirty percent (30%), provided that the reduction does not exceed the minimum parking requirement for the retail sales and service use.

Office Use And A Residential Use. The parking requirement for the residential use may be reduced by fifty percent (50%), provided that the reduction does not exceed the minimum parking requirements for the office use.

Shared Off-Street Parking For Uses Of The Same Type: Subject to site plan review by the Planning and Zoning Commission and written authorization of the Zoning Administrator, business establishments constituting commercial uses of the same type having over-lapping operating hours may share parking allowing reductions in the total minimum number of required parking spaces as follows:

Up to a twenty percent (20%) reduction in the total minimum number of required parking spaces for four (4) or more separate establishments.

A fifteen percent (15%) reduction in the total minimum number of required spaces for three (3) separate establishments.

A ten percent (10%) reduction in the total minimum number of required spaces for two (2) establishments.

The establishments, for which the shared parking application is being made shall be located within eight hundred (800) feet of the parking facility. The parking facility shall be in a commercially zoned district.

(5)

The reduction to parking quantities allowed through shared parking shall be determined as a percentage of the minimum parking requirement as stated in Article V, Section 400.1570 of the City Code of Ordinances.

Clearance Of Existing Improvements. Properties within the "MC" District that are cleared for future redevelopment and are not subject to an approved site plan in accord with the provisions of Subsection (B)(5) above must have properly issued demolition and grading permits requiring all building and site improvements to be removed as part of the site clearance. In addition, the site must be properly graded and seeded with grass within sixty (60) days of the completion of the grading or within a time period specified by the permit (permits) in consideration of the time of the year. Proper maintenance of the cleared site will be required in accord the property maintenance provisions of the Municipal Code.

Section 400.1380 "PD" Planned Development Overlay District.

[R.O. 2009 §25-259; Ord. No. 2739 §§43-28.1 — 43-28.6, 5-20-1985; Ord. No. 2830 §1, 9-15-1986; Ord. No. 3543 §4, 6-16-1997; Ord. No. 3662 §6, 7-19-1999; Ord. No. 3847 §1, 10-21-2002; Ord. No. 4115 §1, 2-4-2008; Ord. No. 4175 §1, 4-6-2009]

Purpose. The "PD" Planned Development Overlay District is intended, by site plan approval and other procedures set forth in this Section, to encourage the appropriate development of retail, office and multi-family residential uses, or combinations thereof, in the best interests of the City. Specifically, the district is intended to:

Relate the development of retail, office and multi-family residential uses to the adopted development plan "Brentwood Boulevard/Manchester Road Commercial Study" for the major business corridors including land use and public improvements;

Provide for a scale and flexibility of development which could not otherwise be achieved through fixed single-use zoning districts;

Encourage site consolidation and planned mixed-use development;

Induce and ensure high quality future development through the use of site plan approval procedures which provide for the specific consideration of access, parking, drainage, landscaping and design factors.

Permitted Uses. Permitted uses by site plan approval procedures are as follows:

All uses permitted in the "MR" Multi-Family Residential District;

All uses permitted in the "RSC" Retail-Service Commercial District;

All uses permitted in the "GC" General Commercial District;

Motels and hotels.

[Ord. No. 4723 § 5, 8-15-2016; Ord. No. 4885, 8-7-2019; Ord. No. 5008, 3-7-2022]

Public utility substations and transmission facilities, collection facilities and processing plants;

Private child day care centers or nurseries;

Nursing or retirement homes;

Enclosed or open recreational uses, including, but not limited to, video games, tennis, handball, paddleball, swimming, skating, gymnasium or health club, bowling, indoor soccer, etc., but excluding outdoor theaters;

Restaurants;

Drive-in or carry-out sales of foods or of other goods or services, including freestanding drive-in banking facilities;

Taverns and cocktail lounges;

Any building or structure exceeding six (6) stories or seventy-five (75) feet in height;

Any display, storage or parking out-of-doors of equipment, vehicles or merchandise other than motor vehicles normally required by employees, customers or users of the site;

Dry cleaning plant or laundry;

Pet boarding facility, including day care and overnight boarding for domesticated dogs and cats;

12.

Medical marijuana dispensary facility.

Site Plan Approval Required. Site plan approval by the Board of Aldermen on the recommendation of the Planning and Zoning Commission shall be required by all proposed developments in the "PD" district (see Article II, Division 9); provided however, that existing detached single-family residences within the "PD" district shall be exempt from this requirement where the construction contemplated is the improvement of a single dwelling, such that the development standards included in Section 400.1350, Subsection (F) are met and the proposed improvement would not cause the violation of any pre-existing condition of approval for the overall "PD" project.

Use Regulations.

Intensity of development. Uses may be developed at the following densities based on the percentage of the total project that they represent:

Use	Percent of Project	Units per Acre	FAR
Residential	0 — 20	25	—
Residential	20 — 80	30	—
Residential	80 — 100	20	—
Retail	0 — 20		0.5
Retail	20 — 80		2.0
Retail	80 — 100		1.0
Office	0 — 20		0.5
Office	20 — 80		2.5
Office	80 — 100		1.0
Motel/hotel	0 — 20	100
Motel/hotel	20 — 80	200
Motel/hotel	80 — 100	150

Lot size requirements.

Minimum lot area. One (1) acre (43,560 square feet); provided however, that the minimum lot size may be waived by the Board of Aldermen if the parcel in question has certain unique characteristics such as, but not limited to, significant topographic change, significant trees or wooded areas, wet lands, flood plains or soil conditions, watercourses or utility easements, unusual shape or proportions or, if the Board should determine such waiver to be in the general public interest.

Minimum lot width. One hundred fifty (150) feet.

Minimum lot depth. One hundred fifty (150) feet.

Building bulk regulations. Any building or group of buildings constituting a development of one (1) or two (2) acres shall not exceed four (4) stories or fifty-two (52) feet in height and must satisfy conditions below. Any building or group of buildings constituting a development of two (2) acres or more shall not exceed six (6) stories or seventy-five (75) feet in height and must satisfy the conditions below. Any building exceeding six (6) stories or seventy-five (75) feet in height must receive a conditional use permit in accordance with Article II, Division 6, subject also to the conditions expressed in this Section.

Any building over two and one-half (2½) stories or thirty-five (35) feet in height and up to four (4) stories or fifty-two (52) feet in height shall have a minimum of fifty (50) feet of building setback between the building and any single-family residential district "A", "B" or "AR".

Any building over four (4) stories or fifty-two (52) feet in height and up to six (6) stories or seventy-five (75) feet in height shall have a minimum building setback of one hundred (100) feet between the building and any single-family residential district. The building height shall be measured from the lowest exposed finished grade elevation on the side nearest the single-family residential district to the highest point on the building directly above, excluding chimneys, ornamental spires and towers.

Maximum site coverage. The amount of gross site area covered by buildings and structures, surface parking, pavement for motor vehicle circulation or permitted exterior business services, storage, merchandise display, repair or processing shall not exceed the following:

Allowable Site Coverage
	Maximum Coverage Without Bonus	Bonus Coverage	Coverage With Bonus
Residential uses	50%	1 to 15%	Up to 65%
Offices, motels/hotels and institutional uses	60%	1 to 15%	Up to 75%
Businesses or commercial uses other than offices	65%	1 to 15%	Up to 80%

In a mixed use development, the maximum coverage will be an average of those uses which make up to twenty percent (20%) or more of the project, based on their percentage of the total development.

The Board of Aldermen may allow the permitted coverage to be increased as a bonus by an additional factor of up to fifteen percent (15%) as shown above in consideration of special or outstanding landscape and site planning features as demonstrated by a site plan submitted in accordance with Article II, Division 9. The features to be considered in the granting of any bonus coverage would include the provision of:

A high quality landscape plan with proper irrigation and intense planting and retention of mature plant materials;

Use of low walls, terraces, berms and earth sculpting;

Special pedestrian facilities and features such as plazas, covered walkways, foundations and seating areas and outdoor recreation facilities.

The balance of the site not covered by buildings and structures, surface parking, pavement for motor vehicle circulation or permitted exterior business services, storage, merchandise display, repair and processing shall be open space devoted to landscaping, pedestrian circulation, plazas and buffering.

Any landscaped plazas on the roof or deck of a building or parking garage which is publicly accessible by pedestrian from ground level may, at the discretion of the Board of Aldermen, be excluded from the calculation of site coverage.

Yard and setback requirements.

Front yard. No building or structure shall be located closer than twenty-five (25) feet from any right-of-way. If parking is to be located in front of a building or structure, the structure or building shall be set back a minimum of fifty (50) feet from the public right-of-way or planned right-of-way. The provisions of Section 400.1840 shall prevail where applicable on major streets and highways. In every instance, the first fifteen (15) feet of the front yard setback from the right-of-way shall be provided and maintained with sidewalks, unless improved sidewalks exist in the abutting public right-of-way, and with landscaping including, but not limited to, deciduous trees at regular intervals.

Side and rear yards. The site, landscape treatment and grading and any visual screening to be provided in any side or rear yard shall be determined by the recommendation of the Planning and Zoning Commission and the Board of Aldermen by site plan approval in accordance with Article II, Division 9. In no instance shall the setback and buffer be less than ten (10) feet at any side or rear property line. The Board of Aldermen may waive this requirement where the use and development of the abutting properties is defined and provided for in a site plan for approval. However, a side or rear yard which abuts property in any residential zoning district ("A", "B", "AR" or "MR") must be a minimum of fifty (50) feet in width. Twenty-five (25) feet of such side or rear yard adjacent to a residential district shall be provided with natural landscaping and there shall be no motor vehicle parking or driveways therein, except to cross the side or rear yard to give access to the property.

Off-street parking and loading. See Article IV.

Environmental controls. All site development shall conform with the environmental performance standard provided in Article V, Division 6 and with all other appropriate environmental controls including Section 400.1880 and Article V, Division 7.

Signs. See Chapter 410.

Architectural standards. The following standards shall apply to construction in this district.

Use Limitations.

All development shall be in accordance with an adopted Comprehensive Plan or parts thereof, including proposed land use and public improvement elements.

All business, services, storage, merchandise display and repairing and processing shall be conducted wholly within an enclosed building, except for off-street motor vehicle parking for customers, employees, residents or, visitors and off-street loading. Exceptions may be granted by obtaining a conditional use permit in accordance with Article II, Division 6.

Unless otherwise permitted in this Article for specified uses, goods sold on the premises shall be sold only at retail.

Section 400.1390 "LID" Light Industrial District.

[R.O. 2009 §25-260; Ord. No. 2739 §§43-29.1 — 43-29.5, 5-20-1985; Ord. No. 3033 §§9 — 10, 10-16-1989; Ord. No. 3263 §1, 2-1-1993; Ord. No. 3543 §4, 6-16-1997; Ord. No. 3662 §7, 7-19-1999; Ord. No. 3692 §1, 4-17-2000; Ord. No. 3847 §1, 10-21-2002; Ord. No. 4142 §1, 9-15-2008; Ord. No. 4175 §1, 4-6-2009; Ord. No. 4497 §1, 3-3-2014]

Purpose. The "LID" Light Industrial District is intended to accommodate light industrial manufacturing and warehousing activities at a scale and intensity of use that is compatible with the development in the City.

Permitted Uses. No building or structure shall be used and no building or structure shall be erected, structurally altered or enlarged except for any of the following uses, provided that such uses are in conformity with all applicable ordinances and laws regulating the emission of odor, smoke, toxic gases, dirt, dust, fly ash and other particulate matter, the generation of noise and vibration and relating to fire prevention and safety:

Manufacturing or fabrication of any commodity except explosives, flammable gases or liquids;

Warehousing or wholesaling of manufactured goods, except explosives, flammable gases or liquids as finished products;

Public utility facilities;

Research laboratories and facilities;

Retail activities conducted as an accessory to manufacturing, fabrication or warehousing of commodities. For the purpose of this provision, the term "accessory" shall mean a retail activity limited to not more than thirty percent (30%) of the floor area of a building or site;

Offices;

Enclosed or open recreational uses including, but not limited to, video games, tennis, handball or paddleball, swimming, skating, gymnasium or health club, bowling, miniature golf, outdoor theaters, etc.;

Any display, storage or parking out-of-doors of equipment, vehicle or merchandise;

Retail sale similar to sales via the Internet or mail order sales. Sales are to be the type that customers do not visit the premises for either selection or pickup of merchandise as a regular aspect of the sales activity;

Private or public schools;

Professional offices.

12.

Churches and other places of worship.

[Ord. No. 4588 §1, 11-17-2014]

13.

Medical marijuana cultivation facility, entirely within an enclosed building.

[Ord. No. 4885, 8-7-2019]

14.

Medical marijuana-infused products manufacturing facility.

[Ord. No. 4885, 8-7-2019]

15.

Medical marijuana testing facility.

[Ord. No. 4885, 8-7-2019]

16.

Medical marijuana dispensary facility.

[Ord. No. 4885, 8-7-2019]

Motor vehicle repair or washing;

Private child day care centers or nurseries;

Restaurants;

Drive-in or freestanding banking facilities;

Pet boarding facility, including day care and overnight boarding for domesticated dogs and cats.

The Board, by simple majority vote, may add any restrictions or conditions it feels appropriate.

[Ord. No. 4723 § 5, 8-15-2016]

Site Plan Approval. Site plan approval by the Board of Aldermen with recommendations from the Planning and Zoning Commission shall be required for all proposed developments within the "LID" Light Industrial District as provided for in Article II, Division 9.

Use Regulations.

Lot size requirements.

Minimum lot area. One (1) acre (43,560 square feet), except for public utility substations which may have a minimum area of five thousand (5,000) square feet.

Minimum lot width. One hundred fifty (150) feet.

Minimum lot depth. One hundred fifty (150) feet.

Building bulk regulations.

Maximum structure height. Three (3) stories or forty-five (45) feet.

Maximum site coverage. Eighty percent (80%).

Yard and setback requirements.

Minimum side yard. None required where industrial buildings are constructed simultaneously with party walls or fire walls. If a side yard is provided or if the property abuts property of a different zoning classification, a minimum side yard of twelve (12) feet shall be provided.

Minimum rear yard. Twenty-five (25) feet.

Transitional yards. Where a side or rear lot line coincides with a side or rear lot line of any lot in an adjacent residential zoning district ("A", "B", "AR" or "MR"), then a landscaped yard of at least twenty-five (25) feet in width shall be provided along such a lot. In addition, for any use which involves the construction of a new structure or the expansion of an existing structure, a masonry wall or solid fence of at least six (6) feet but not more than eight (8) feet in height shall be provided in such transitional yard within two (2) feet of the property line.

Off-street parking and loading. See Article IV.

Signs. See Chapter 410.

Architectural standards. The following standards shall apply to construction in this district.

Use Limitations. Processes and equipment employed and goods processed or sold should be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibration, refuse matter, water-carried waste, pollutants or matter which in any manner create or constitute a nuisance.

Section 400.1400 Urban Development.

[R.O. 2009 §25-261; Ord. No. 3662 §2(Exh. A), 7-19-1999; Ord. No. 3733 §1, 11-20-2000]

Purpose. The Urban Development ("UD") District is intended, by site plan approval and other procedures set forth in this Section, to encourage the development of multi-family residential, retail or office uses or combinations thereof, to foster co-existing mixed uses in the best interests of the City. Specifically, the district is intended to:

Facilitate the development of multi-family residential, retail, office and light industrial uses to accomplish the goals of the Comprehensive Plan, adopted in 1990 and amended from time to time, for specific areas of the City for which this type of mixed-use development is authorized by the Zoning District Map.

Provide for a scale and flexibility of development which could not otherwise be achieved through fixed single-use zoning districts;

Encourage site consolidation and allow for planned mixed-use development;

Induce and ensure high quality future development through the use of site plan approval procedures which provide for the specific considerations of traffic, parking, drainage, landscaping and design factors.

Permitted Uses. Permitted uses by site plan approval procedures are the following uses in buildings less than two (2) stories or thirty-five (35) feet in height as measured in accordance with the definition contained in Section 400.020:

Single-family attached residential dwellings used for residential purposes which shall not be construed to include short-term rental of any individual dwelling;

[Ord. No. 4831, 4-16-2018]

Multi-family residential dwellings used for residential purposes, regardless of ownership; which shall not be construed to include short-term rental of any individual dwelling unit;

[Ord. No. 4831, 4-16-2018]

A single building for office use occupied by one (1) or more tenants.

Conditional Uses. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Article II, Division 6, after receipt of the recommendation of the Planning and Zoning Commission and subject to such restrictions and conditions as are deemed reasonable or necessary. The Board, by simple majority vote, may add any restrictions or conditions it feels appropriate.

[Ord. No. 4723 § 5, 8-15-2016; Ord. No. 5013, 4-18-2022]

Public utility substations and transmission facilities;

Private child and elder day care centers or nurseries;

Skilled or assisted living facilities;

Retail sales;

Restaurants;

Drive-in or carry-out sales of foods or of other goods or services, including free standing drive-in banking facilities;

Any building or structure exceeding two (2) stories or thirty-five (35) feet in height;

Hotel including ancillary uses;

Animal rescue, shelter, and adoption services which provide custodial and veterinary care for domestic animal pets and pet owner resources, support and educational programming, but not including any services for farm, exotic, wild or other animals not normally kept as household pets;

Any use, which in the opinion of the Zoning Administrator, is similar to the above uses.

Site Plan Approval Required. Site plan approval by the Board of Aldermen utilizing the site plan approval process on the recommendation of the Planning and Zoning Commission shall be required for all proposed developments, alterations, expansions or changes in the " UD" District (see Article II, Division 9). Upon any rezoning to a "UD" District any existing buildings or improvements need not comply with applicable building setback restrictions set forth in this Section with respect to front yards, side yards, or rear yards but such non-compliance shall be considered by the Planning and Zoning Commission and the Board of Aldermen in determining the propriety of any alteration, expansion or change in use; further, the complete demolition and reconstruction of any such building or improvements shall comply with such setback provisions subject to any waiver of the same by the Board of Aldermen as authorized in this Section.

[Ord. No. 4777, 5-16-2017]

Use Regulations.

Intensity of development. Property may be developed at the following densities:

Single or Mixed Use	Percent of Project	Units Per Acre	FAR
Residential	Up to 100	80	2.5
Retail	Up to 100	N/A	2.0
Office	Up to 100	N/A	2.5
Motel/hotel	Up to 100	125	3.0
Manufacturing	Up to 100	N/A	1.5

Lot size requirements.

Minimum lot area. One (1) acre (43,560 square feet).

Minimum lot width. One hundred fifty (150) feet.

Minimum lot depth. One hundred fifty (150) feet.

However, the minimum lot size or dimension in this Section may be waived by the Board of Aldermen if the parcel in question has certain unique characteristics such as, but not limited to: significant topographic change, significant trees or wooded areas, wet lands, flood plains, soil conditions, watercourses, utility easements, unusual shape or proportions, or if the Board should determine such waiver to be in the general public interest.

Building regulations. The following table summarizes the pertinent building regulations. Specific descriptive language follows the table.

Regulation		1 — 2 Acres	2 — 4 Acres	Over 4 Acres
Building height		4 stories or 52 feet	6 stories or 75 feet	Unlimited
Front yard¹ setback		20 feet² or 25 feet³	30 feet² or 20 feet³	0.5 foot per 1 foot height Minimum of 20 feet
Side yard setback		15 feet³	15 feet³	15 feet³
Rear yard setback		15 feet³	15 feet³	15 feet³
Site coverage		80%⁴	80%⁴	80%⁴
¹	A front yard is defined as any yard between the building line and any public right-of-way.
²	If the property fronts on property zoned or used for residential purposes.
³	If the property fronts on property zoned for any use other than residential.
⁴	Subject to an optional increase to ninety percent (90%) provided certain conditions are met.

Building bulk, height and setback restrictions.

Building height restrictions. The building height shall be measured from the lowest exposed finished grade elevation to the highest point on the building directly above, excluding chimneys, ornamental spires and towers.

Any building or group of buildings constituting a development of one (1) or two (2) acres shall not exceed four (4) stories or fifty-two (52) feet in height.

Any building or group of buildings constituting a development of two (2) to four (4) acres shall not exceed six (6) stories or seventy-five (75) feet in height.

Any building or group of buildings on property exceeding four (4) acres is unlimited in height.

Building setback restrictions.

Front yards.

Any building up to four (4) stories or fifty-two (52) feet in height shall have a minimum building setback of twenty (20) feet between the building and the property line when the property abuts or is within one hundred (100) feet of property zoned "A", "B", "AR", "MR" or "UD" and is used residentially. If the front yard of the property faces property used for any other purpose or in any other zoning district, the building setback is fifteen (15) feet. Every portion of a lot between the building and a public street right-of-way shall be considered a front yard. In every instance, the first fifteen (15) feet of the front yard setback from the right-of-way shall be provided and maintained with sidewalks, unless improved sidewalks exist in the abutting public right-of-way; and with landscaping including, but not limited to, deciduous trees at thirty-five (35) foot intervals.

Any building over four (4) stories or fifty-two (52) feet in height and up to six (6) stories or seventy-five (75) feet in height shall have a minimum building setback of twenty-five (25) feet between the building and the property line when the property abuts or is within one hundred (100) feet of property zoned "A", "B", "AR", "MR" or "UD" and is used residentially. If the front yard of the property faces property used for any other purpose or in any other zoning district, the building setback is fifteen (15) feet. Every portion of a lot between the building and a public street right-of-way shall be considered a front yard. In every instance, the first fifteen (15) feet of the front yard setback from the right-of-way shall be provided and maintained with sidewalks, unless improved sidewalks exist in the abutting public right-of-way, and with landscaping including, but not limited to, deciduous trees at thirty-five (35) foot intervals.

Any building over six (6) stories or seventy-five (75) feet in height shall have a building setback of one-half (½) foot of building setback per foot of building height but in no case less than twenty (20) feet nor is it required to be greater than one hundred (100) feet between the building and the property line when the property abuts or is within one hundred (100) feet of property zoned "A", "B", "AR", "MR" or "UD" and is used residentially. If the front yard of the property faces property used for any other purpose or in any other zoning district, the building setback is fifteen (15) feet. Every portion of a lot between the building and a public street right-of-way shall be considered a front yard. In every instance, the first fifteen (15) feet of the front yard setback from the right-of-way shall be provided and maintained with sidewalks, unless improved sidewalks exist in the abutting public right-of-way, and with landscaping including, but not limited to, deciduous trees at thirty-five (35) foot intervals.

Side and rear yards.

The building setback shall not be less than fifteen (15) feet at any side or rear property line. The site landscape treatment and grading and any visual screening to be provided in any side or rear yard shall be determined by the recommendation of the Planning and Zoning Commission and the Board of Aldermen by site plan approval in accordance with Article II, Division 9. The Board of Aldermen may reduce this requirement to five (5) feet where the use and development of the abutting properties is defined and provided for in a previously approved site plan.

The building setback for a side or rear yard which abuts property in any residential zoning district ("A", "B", "AR", "MR" or "UD" used as residential) must be a minimum of twenty-five (25) feet. All of that twenty-five (25) foot side or rear yard adjacent to a residential district shall be provided with natural landscaping and there shall be no motor vehicle parking or driveways therein, except to cross the side or rear yard to give access to the property.

However, the minimum building setback set forth in this Section may be waived by the Board of Aldermen if the parcel in question has certain unique characteristics such as, but not limited to: significant topographic change, significant trees or wooded areas, wet lands, flood plains, soil conditions, watercourses, utility easements, unusual shape or proportions, or if the board should determine such waiver to be in the general public interest.

Maximum site coverage.

Unless the site qualifies for the bonus in site coverage under the regulations of Subsection 400.1400(E)(4)(d), the amount of gross site area covered by building and structures, surface parking, pavement for motor vehicle circulation or permitted exterior business services, storage, merchandise display, repair or processing shall not exceed eighty percent (80%) of the site.

Bonus site coverage.

For those uses falling under Section 400.1400(B)(2 — 3) or Section 400.1400(C)(2), (3), (4), (8), (9) or (10), the Board of Aldermen may, after receiving the recommendation of the Planning and Zoning Commission, authorize a bonus in the site coverage of up to ten percent (10%) if, in the opinion of the Board, the proposal has special or outstanding landscape, architectural and site planning features as demonstrated by the site plan submitted in accordance with Article II, Division 9. The features to be considered in the granting of any bonus coverage would include the provision of:

A high quality landscape plan with proper irrigation and intense planting and retention of mature plant materials;

Use of low walls, terraces, berms and earth sculpting;

Special pedestrian facilities and features such as plazas, covered walkways, foundations and seating areas and outdoor recreation facilities;

(d)

Water features;

(e)

Outstanding architectural aesthetics.

Off-street parking and loading. See Article IV.

The Board of Aldermen, upon the affirmative recommendation from the Planning and Zoning Commission, may authorize a reduction in the required parking to one and one-half (1½) parking spaces per unit in this district in consideration of the following:

Substantiation by the applicant that anticipated occupancy of the project will be tenants and/or owners that are not likely to require a parking ratio greater than three (3) parking spaces for each two (2) units (or one and one-half (1½) parking spaces per unit). In the event the occupancy mix changes to the point that the reduced parking ratio is not satisfactory for the development, the City may withhold issuance of occupancy permits until such time as the additional parking necessary is furnished.

Site planning features as demonstrated by a site plan submitted in accordance with Article II, Division 9. Site development features to be considered in the granting of any reduction in required parking would include:

A high quality landscape plan with proper irrigation and intense planting and retention of mature plant materials;

Use of low walls, terraces, berms and earth sculpting;