Chesterfield City Zoning Code
ARTICLE 03
Zoning Districts And Uses
Section 405.03.010 Purpose.
[CC 1990 § 31-03-01; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
The purpose of this Article of the Unified Development Code (UDC) is to establish zoning districts within the municipal limits of the City of Chesterfield, allowable uses and dimensional and district requirements within districts, special procedures and overlay districts.
Section 405.03.020 Establishment Of Districts.
[CC 1990 § 31-03-02; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
Districts. For the purposes of this UDC, all land in the City of Chesterfield is zoned into districts. Changes of zoning, conditional use permits and special procedure applications not included in Section 405.03.020(D) of this Article may only be filed for one of the following districts on Table A-1. For purposes of this UDC, text amendments to existing planned district ordinances are referred to and treated as a special procedure.
Table A-1 | |
|---|---|
Agricultural | AG |
Park and Scenic | PS |
Large Lot Residential (3 acres) | LLR |
Estate Two Acre (2 acres) | E-2AC |
Estate One Acre (1 acre) | E-1AC |
Estate Half Acre (1/2 acre) | E-1/2AC |
R-2 Residence (15,000 square feet) | R2 |
R-3 Residence (10,000 square feet) | R3 |
R-4 Residence (7,500 square feet) | R4 |
R-5 Residence (6,000 square feet) | R5 |
R-6A Residence (4,000 square feet) | R6A |
R-6AA Residence (3,000 square feet) | R6AA |
R-6 Residence (2,000 square feet) | R6 |
R-7 Residence (1,750 square feet) | R7 |
R-8 Residence (500 square feet) | R8 |
Planned Commercial | PC |
C8 Planned Commercial (*for special procedure requests only)1 | C8 |
Neighborhood Business | NB |
Planned Industrial | PI |
M3 Planned Industrial (*for special procedure requests only)1 | M3 |
Light Industrial | LI |
Medical Use | MU |
Urban Core | UC |
Mixed Use | MXD |
Planned Commercial & Residential | PC&R |
Planned Unit Development | PUD |
NOTES: | |
|---|---|
1 | Requests for amendments to existing planned district ordinances in the C8 or M3 district, or other special procedures, such as obtaining a conditional use permit or LPA status, are permitted. However, additional or new parcels of land are prohibited from zoning to either of these districts. |
B.
Overlay Districts And Special Procedures. An overlay district or special procedure is an additional zoning requirement that is placed on a geographic area but does not change the zoning of the site. These zoning tools may add additional restrictions or provide certain incentives in specific geographic areas or for land with specific physical features or characteristics. The purpose of using an overlay district or special procedure is to address certain community interests, such as historic preservation or protection of environmentally sensitive areas. Requests for an overlay district or special procedure may only be sought for land zoned to one of the districts listed in Table A-1 above. Overlay districts and special procedures found in the City of Chesterfield are as listed in Table B-1 below:
[Ord. No. 2828, § 3 (Att. C), 1-5-2015]
Table B-1 | |
|---|---|
Museum and Arts Area | MAA |
Residential Business Use Procedure | RBU |
Wild Horse Subarea Overlay | WH |
Chesterfield Historic Register | H |
Landmarks Preservation Area | LPA |
C.
District Boundaries. The boundaries of these districts are hereby established as shown on the City of Chesterfield Zoning Map consisting of a series of maps at a scale of one (1) inch equals two hundred (200) feet, as adopted by Ordinance No. 624 (1991), together with all subsequent amendments thereto. All district classifications, however, need not appear on the Zoning Map at one time. Official copies of said map shall be maintained in the Director of Planning (the Department) and shall be public records. All subsequent amendments to the zoning maps shall be designated on said official copies. The Planning Commission may, at its discretion, cause the City of Chesterfield Zoning Map and its official copies thereof to be photographed, microphotographed, photostated or reproduced on file, which maps when so reproduced shall be deemed to be an original record for all purposes.
D.
Inactive Districts And Inactive Special Procedures List. Table C-1 provides a list of zoning district categories and special procedures which are inactive. While parcels do exist within the City of Chesterfield which are zoned to these districts or which have one of these special procedures applied to it, any changes, modifications, or amendments to any of these districts or special procedures is prohibited, except as described in Section 405.03.020(A) of this Article. Any site-specific ordinance establishing any of these districts or procedures on any given parcel enacted prior to the passage date of this UDC is still valid. See City of Chesterfield Zoning Ordinance dated November 17, 1997, for specific information on any inactive district or procedure.
[Ord. No. 2828[1] § 3 (Att. C), 1-5-2015]
Table C-1 | |
|---|---|
R-1 Residence | R1 |
R-1A Residence | R1A |
Estate Residential District (two-acre) | E1 |
Estate Residential District (one-acre) | E2 |
Estate Residential District (half-acre) | E3 |
Non-Urban | NU |
C2 Shopping | C2 |
C3 Shopping | C3 |
C4 Highway Service Commercial | C4 |
C6 Office and Research Service | C6 |
C7 General Extensive Commercial | C7 |
C8 Planned Commercial | C8 |
M1 Industrial | M1 |
M2 Industrial | M2 |
M3 Planned Industrial | M3 |
Commercial Service Procedure | CSP |
Planned Environment Unit | PEU |
Commercial Industrial Density Development | CIDD |
Flood Plain Overlay District | FP |
NOTE: | |
|---|---|
The E1, E2, and E3 Estate Residential Districts are now inactive and have been replaced with the E-2AC, E-1AC, and E-1/2AC Districts. The inactive Estate Districts, along with the special procedure known as the "Planned Environment Unit" or "PEU" and the Flood Plain Overlay District or FP Overlay District, may be found in the City of Chesterfield Zoning Ordinance dated November 17, 1997. |
[1]
Editor's Note: This ordinance also repealed former Subsection D, Floodplain and Floodway Map, and redesignated former Subsection E as Subsection D.
E.
(Reserved)
F.
Interpretation And Extension Of District Boundaries.
1.
The Board of Adjustment shall interpret the provisions of this Section of the UDC in accordance with the City of Chesterfield ordinances. Any area within the geographical boundaries which is added to or becomes a part of the City of Chesterfield shall be designated the appropriate zoning district upon review of the existing land use conditions and Comprehensive Plan.
2.
In the event that a zoning district boundary line is shown on a zoning district map as following a property line or a political boundary line, the actual location of such zoning district boundary line shall govern, as determined by survey, rather than the representation for the location of said boundary line on the district map, if there is a discrepancy between the two (2) locations.
3.
Zoning district boundary lines shall be construed to either follow the center lines of railroad, street, or highway rights-of-way, track or lot lines, or such lines extended, unless otherwise indicated.
G.
Use Regulations Applicable To All Districts.
1.
The use and development of land and structures within any zoning district are limited to those uses set forth in the Use Tables by Zoning District provided in this UDC.[2]
[2]
Editor's Note: The Use Tables are included as attachments to this Chapter.
2.
Permitted uses are those uses which are permitted by right in any straight zoning district or are permitted through a special procedure or zoning procedure in any planned district or overlay.
3.
Conditional uses are those uses which are permitted with a conditional use permit as listed and described throughout this Article of the UDC in the district in which the parcel of land is located.
4.
Accessory And Ancillary Uses. In addition to the permitted and conditional uses expressly permitted in the Use Tables at the end of this Article, each zoning district shall be deemed to include accessory and ancillary uses.
a.
Accessory uses are those uses that are incidental to and customarily found in connection with the principal use on the site. An accessory use must be conducted on the same zoning lot as the principal use to which it is related and does not occupy the majority of the space in the building or structure. Accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, or is a reasonably necessary incident to the primary use and is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. It shall be the responsibility of the Director of Planning to determine if a requested accessory use meets the definition and criteria of an accessory use as described above. Determinations of the Director of Planning may be subject to appeal as described in Section 405.02.190 of this UDC.
b.
Ancillary uses are accessory uses which do not have separate signage or separate access within the structure containing the principal use on the site. Ancillary uses are not open to the general public, but serve the guests, patrons, or individuals who are served by the primary use on the site. In addition, ancillary uses do not occupy the majority of the space in the building or structure. It shall be the responsibility of the Director of Planning to determine if a requested ancillary use meets the definition and criteria of an ancillary use as described above. Determinations of the Director of Planning may be subject to appeal as described in Section 405.02.190 of this UDC.
Section 405.03.030 Zoning Districts And Regulations.
[CC 1990 § 31-03-03; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
General Yard Requirements For All Districts.
1.
Parking shall be screened from any adjoining property in a PS, NU, or residential district using fences, berms, or landscaping.
2.
No structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.
3.
Signs six (6) feet or less in height are allowed within the minimum front yard setback.
4.
Boundary walls, retaining walls, or fences six (6) feet or less in height are allowed within the minimum yard requirements.
5.
Ordinary projections of skylights, sills, belt courses, cornices and ornamental features shall not project more than twelve (12) inches over the setback.
6.
Ordinary projections of chimneys and flues, not to exceed seventy-two (72) inches in width, shall not project more than twenty-four (24) inches over the setback.
7.
Roof overhangs shall not project over eighteen (18) inches over the setback, except that roof overhangs on the south side of a building may project forty-eight (48) inches to a property line.
8.
Slab-type porches or paved terraces having a maximum height of not more than twelve (12) inches above ground elevation at any point may project into any yard except that the projection into the front yard shall not exceed ten (10) feet.
9.
Air-conditioning units may extend into side or rear yards a maximum of thirty (30) inches, with air-conditioning units, including mounting pedestals, not to exceed forty-eight (48) inches in height above ground elevation within side or rear yards.
10.
Public utility facilities, provided that any installation other than poles and equipment attached to the poles, shall be adequately screened with landscaping, fencing or walls, or placed underground, or enclosed in such a manner as to blend with and complement the character of the surrounding area as approved by the City of Chesterfield.
11.
Sewage treatment facilities shall not exceed a flow of five thousand (5,000) gallons per day. However, where a treatment facility is wholly within and provides services exclusively for uses within a St. Louis County park, an individual sewage treatment facility exceeding a flow of five thousand (5,000) gallons per day may be approved as directed by the City of Chesterfield.
12.
The height for any telecommunications siting facility shall be authorized and regulated by the provisions of Article 06 of this UDC.
B.
AG Agricultural District.
1.
Purpose. The purpose of the AG Agricultural District is to provide agricultural uses and activities, and other compatible uses in areas where the normal provision of community infrastructure is not desirable or not feasible.
2.
Scope Of Provisions. This Section contains the regulations of the AG District which are supplemented and qualified by additional general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements in Article 04 of this UDC, the following performance standards are applicable to the AG District:
a.
Uses. Permitted and conditional uses for the AG District are found in Section 405.03.070 of this Article. In addition:
(1)
Livestock must be housed at least one hundred (100) feet from all property lines.
(2)
Animal pens associated with kennels must be at least two hundred (200) feet from all property lines.
(3)
Accessory uses may include, but are not limited to, the following:
(a)
Devices for the generation of energy or individual sewage treatment facilities serving an individual non-residential use. Sewage treatment facilities shall not exceed a flow of five thousand (5,000) gallons per day.
(b)
Detached single-family dwelling.
(c)
Private stables (which must be fenced and maintain a one-hundred-foot setback from all property lines).
b.
Lot Area.
Use | Minimum Lot Area |
|---|---|
Public utility facility | 10,000 square feet |
Mechanical sewage treatment facility | 1 acre |
All other uses | 10 acres |
d.
Stormwater. Open swales as opposed to enclosed systems shall be permitted where appropriate as directed by the Department.
e.
Lot Width. The minimum lot width for any structure, measured at the front building setback line, is three hundred (300) feet.
f.
Height. Maximum height is fifty (50) feet for all structures unless otherwise stated in a CUP. Church steeples may extend to one hundred (100) feet as measured from the average floor grade elevation of the first floor.
4.
The procedure for zoning to the AG District and site plan approval is established in Article 02 of this UDC.
C.
PS Park and Scenic District.
1.
Purpose. The PS Park and Scenic District encompasses land owned by public agencies or in which public agencies have some lesser legal interest, which has recreational, scenic, and health value. This district may also include land having recreational, scenic, and health value, when owned by not-for-profit organizations or other organizations. This district is established to preserve the community's cultural values by preserving this land in an essentially natural or native condition.
2.
Scope Of Provisions. This Section contains the district regulations of the PS Park and Scenic District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this UDC which are incorporated as part of this Section by reference.
3.
In addition to the development standards and district requirements in Article 04 of this UDC, the following performance standards are applicable to the PS District:
a.
Uses. Permitted and conditional uses for the PS District are found in Section 405.03.070 of this Article. In addition:
(1)
Accessory uses may include, but are not limited to, devices for the generation of energy or individual sewage treatment facilities serving an individual non-residential use.
b.
Yard Requirements.
(1)
No structure shall be allowed within twenty-five (25) feet of any roadway right-of-way line, except where a greater setback is required by the underlying district requirements.
(2)
No structure, sign or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.
(3)
Light standards are permitted in the front yard setback as directed by the Department.
4.
See Chapter 220, Parks and Recreation, of the City Code for additional information and regulations.
5.
The procedure for zoning to the PS District and site plan approval is established in Article 02 of this UDC.
D.
LLR Large Lot Residential District.
1.
Purpose. The purpose of the LLR Large Lot Residential District is to provide for residential uses and activities and other compatible uses and activities in areas where the normal provision of community infrastructure is not desirable or feasible.
2.
Scope Of Provisions. This Section contains the regulations of the LLR District which are supplemented and qualified by additional general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements found in Article 04 of this UDC, the following performance standards are applicable to the LLR District:
a.
Uses. Permitted and conditional uses for the LLR District are found in Section 405.03.060 of this Article. In addition:
(1)
Mortuary and cemetery uses must be adjacent to a commercial district and must have two hundred (200) feet of frontage onto a state road.
(2)
Mobile home parks must be on tracts of at least twenty (20) acres, provided that a landscape buffer of at least two hundred (200) feet surrounds the site and no structures other than directional signs are within said buffer. Any community building or sales or rental office or service building must be located internally within the park and must be screened from any pre-existing arterial or collector street by at least one (1) row of lot or pads for residential use.
(3)
Accessory uses may include, but are not limited to:
(a)
Devices for the generation of energy or individual sewage treatment facilities serving an individual non-residential use.
(b)
Sewage treatment facilities shall not exceed a flow of five thousand (5,000) gallons per day.
(c)
Private stables (which must be fenced and maintain a one-hundred-foot setback from all property lines).
b.
Lot Area.
Use | Minimum Lot Area | |
|---|---|---|
Cemetery or mortuary | 3 acres | |
Churches and other places of worship | 5 acres | |
Dwelling, single-family | 3 acres | |
Educational facility | ||
Primary | 5 acres | |
Junior high | 10 acres | |
Senior high | 20 acres | |
College/university | 10 acres | |
Golf course | 80 acres | |
Group residential facility | 5 acres | |
Group home | 3 acres | |
Library | 5 acres | |
Mechanical sewage treatment facility | 1 acre | |
Public utility facility | 10,000 square feet | |
Stables and kennels | 3 acres | |
All other non-residential uses | 5 acres | |
c.
Lot Width. The minimum lot width measured at the front building setback line shall be at least two-hundred (200) feet.
d.
Height. The maximum building height shall be fifty (50) feet for all residential and non-residential structures unless otherwise specified in a conditional use permit. Church spires may extend to one hundred (100) feet.
f.
Subdivision Requirements.
(1)
All public and private streets shall have standard right-of-way widths and shall be constructed to City of Chesterfield standard specifications. However, street design for interior streets within large-lot subdivisions is not required to meet the horizontal curvature and vertical profile standards of the City.
(2)
Pavement and right-of-way widths shall be as specified by the UDC or as directed by the Department.
(3)
Large-lot subdivisions are not required to provide sidewalks or street lights on interior streets.
g.
Natural Resource Protection. Natural features should be preserved at not less than the following levels:
4.
The procedure for zoning to the LLR District and site plan approval is established in Article 02 of this UDC.
E.
E-2AC Estate District.
1.
Purpose. The purpose of the E-2AC Estate District is to provide for the enhancement of residential development while preserving the community character of the area with well-buffered, well-landscaped neighborhoods, and to allow for such other residentially related uses which are compatible with the character of the district.
2.
In addition to the development standards and district requirements in Article 04 of this UDC, the following performance standards are applicable:
a.
Uses. Permitted and conditional uses for the E-2AC District are found in Section 405.03.060 of this Article.
(1)
Mortuary and cemetery uses must be adjacent to a commercial district and must have two hundred (200) feet of frontage onto a state road.
(2)
Accessory uses may include, but are not limited to, private stables, devices for the generation of energy or individual sewage treatment facilities serving an individual non-residential use. Sewage treatment facilities shall not exceed a flow of five thousand (5,000) gallons per day.
(a)
Private stables are not permitted within one hundred (100) feet of any property line. All pasture areas shall be fenced.
b.
Density. The density requirement for residential dwellings is two (2) acres per dwelling unit.
c.
Lot Area.
Use | Minimum Lot Size | |
|---|---|---|
Administrative offices for educational facilities or religious institutions | 3 acres | |
Cemetery or mortuary | 3 acres | |
Churches and other places of worship | 5 acres | |
Day-care center | 3 acres | |
Dwelling, single-family | 2 acres | |
Educational facility | ||
Kindergarten | 3 acres | |
Primary | 5 acres | |
Junior high | 10 acres | |
Senior high | 20 acres | |
College/university | 10 acres | |
Group home | 2 acres | |
Group residential facility | 5 acres | |
Library | 4 acres | |
Public utility facility | 10,000 square feet | |
Sewage treatment facility | 1 acre | |
Stables and kennels | 5 acres | |
All other non-residential uses | 5 acres | |
d.
Calculation Of Lot Size. Streets, public or private, rights-of-way, and access easements shall not be credited to the minimum lot size.
e.
Height. The maximum height for all structures shall be fifty (50) feet. Church spires may extend to one hundred (100) feet.
f.
Minimum Structure Setbacks.
Use | Setback (feet) | ||
|---|---|---|---|
Residential uses | |||
Front yard | — | ||
Side yard | 25 | ||
Rear yard | — | ||
Right-of-way | 25 | ||
Between structures | 50 | ||
Non-residential uses | |||
From any property line | 75 | ||
Right-of-way | |||
Collector or arterial | 150 | ||
Other streets | 100 | ||
NOTE: |
|---|
Setbacks for non-residential structures greater than thirty (30) feet in height, other than a public utility tower authorized by a CUP, shall be increased by one (1) additional foot for every two (2) feet or fraction thereof of building height in excess of thirty (30) feet. |
g.
Parking Areas. Parking lots shall maintain the same setbacks as the structure setbacks set forth in the table above. The minimum parking setback is fifty (50) feet from any road.
h.
Yard Requirements. Private stables shall maintain a minimum setback of one hundred (100) feet from all property lines, and pasture areas shall be fenced.
i.
Pavement and right-of-way widths shall be as required in Article 04 of this UDC.
j.
Dedications For Public Schools And Public Parks. Developments may include land designated for dedication for public school or public park use. Areas designated for public school or public park purposes may be considered part of the gross acreage of the development in computing the maximum number of lots that may be created or dwelling units that may be authorized, provided that:
(1)
The area of the proposed development shall be at least thirty (30) acres in the case of a public school dedication and sixty (60) acres in the case of a public park dedication, unless otherwise authorized or required by the City of Chesterfield.
(2)
The proposed school site is compatible with a generalized plan for school locations published by the school district.
(3)
Prior to approval of a site development concept plan, a written agreement between the petitioner and the school district shall be submitted to the City of Chesterfield for review. This agreement shall indicate who is responsible for the installation of required improvements adjacent to or affecting the school site and when the improvements will be installed.
(4)
The proposed site is dedicated to public school or park use in a manner approved by the City Attorney as to legal form prior to recording of the site development concept plan.
(5)
The site development concept plan identifies the boundaries of the dedicated tract within the development.
(6)
The deed of dedication for a public park(s) or public school use shall provide that in the event the property shall no longer be used for that purpose, it will revert to the trustees of the subdivision in which it is located as common land.
k.
Community Character Development Standards.
(1)
Easements for utility or access purposes may cross any required landscape easement or buffer. If a utility or access easement runs generally parallel to and overlays a required landscape easement or buffer, the minimum required width of said required landscape easement or buffer shall be increased by the width of the easement which overlays the required landscape easement or buffer.
(2)
Sidewalks may be required as directed by the City of Chesterfield when all lots are one (1) acre or greater; when any lots are less than one (1) acre, sidewalks shall be required on one (1) side of the street and shall be encouraged to meander from a straight path to reduce grading and save trees or to be provided in the form of pedestrian walkways linking primary activity centers or destinations. Sidewalks must be situated in a dedicated easement with access and working room to maintain the sidewalk and shall comply with all provisions of the Americans with Disabilities Act.
(3)
Jogging trails shall be allowed in any open space or buffer area but must be coordinated with any tree preservation plan.
l.
Natural features should be preserved at not less than the following levels:
m.
Right-Of-Way Grading.
(1)
Lots which slope down from the right-of-way must have a minimum platform of four (4) feet of ground immediately adjacent to the edge of pavement which drains perpendicular and toward the pavement. Said platform shall be constructed at a grade of not less than two percent (2%) perpendicular to the pavement, except in areas adjacent to a storm sewer, where there must be a platform of not less than seven (7) feet from the edge of pavement at a grade not in excess of two percent (2%). For the purposes of this requirement, "adjacent to a storm sewer" shall mean within ten (10) feet, measured along the curb, of a storm sewer intake.
(2)
Open swales, as opposed to enclosed systems, shall be permitted where appropriate as determined by the Department.
3.
The procedure for zoning to the E-2AC District and site plan approval is established in Article 02 of this UDC.
F.
E-1AC Estate District.
1.
Purpose. The purpose of the E-1AC Estate District is to provide for the enhancement of residential development while preserving the community character of the area with well-buffered, well-landscaped neighborhoods, and to allow for such other residentially related uses which are compatible with the character of the district.
2.
In addition to the development standards and district requirements in Article 04 of this UDC, the following performance standards are applicable:
a.
Uses. Permitted and conditional uses for the E-1AC District are found in Section 405.03.060 of this Article.
(1)
Mortuary and cemetery uses must be adjacent to a commercial district and must have two hundred (200) feet of frontage onto a state road.
(2)
Accessory uses may include, but are not limited to, private stables, devices for the generation of energy or individual sewage treatment facilities serving an individual non-residential use. Sewage treatment facilities shall not exceed a flow of five thousand (5,000) gallons per day.
(a)
Private stables are not permitted within one hundred (100) feet of any property line. All pasture areas shall be fenced.
b.
Density. The density requirement for residential dwellings is one (1) acre per dwelling unit.
c.
Lot Area.
Use | Minimum Lot Size | |
|---|---|---|
Cemetery or mortuary | 3 acres | |
Churches and other places of worship | 5 acres | |
Day-care center | 3 acres | |
Dwelling, single-family | 1 acre | |
Educational facility | ||
Kindergarten | 3 acres | |
Primary | 5 acres | |
Junior high | 10 acres | |
Senior high | 20 acres | |
College/university | 10 acres | |
Group home | 1 acre | |
Group residential facility | 5 acres | |
Library | 4 acres | |
Public utility facility | 10,000 square feet | |
Sewage treatment facility | 1 acre | |
Stables and kennels | 5 acres | |
All other non-residential uses | 5 acres | |
d.
Calculation Of Lot Size. Streets, public or private, rights-of-way, and access easements shall not be credited to the minimum lot size.
e.
Height. The maximum height for all structures shall be fifty (50) feet. Church spires may extend to one hundred (100) feet.
f.
Minimum Structure Setbacks.
Use | Setback (feet) | ||
|---|---|---|---|
Residential uses | |||
Front yard | — | ||
Side yard | 25 | ||
Rear yard | — | ||
Right-of-way | 25 | ||
Between structures | 40 | ||
Non-residential uses | |||
From any property line | 75 | ||
Right-of-way | |||
Collector or arterial | 150 | ||
Other streets | 100 | ||
NOTE: |
|---|
Setbacks for non-residential structures greater than thirty (30) feet in height, other than a public utility tower authorized by a CUP, shall be increased by one (1) additional foot for every two (2) feet or fraction thereof of building height in excess of thirty (30) feet. |
g.
Parking Areas. Parking lots shall maintain the same setbacks as the structure setbacks set forth in the table above. The minimum parking setback is fifty (50) feet from any road.
h.
Yard Requirements. Private stables shall maintain a minimum setback of one hundred (100) feet from all property lines, and pasture areas shall be fenced.
i.
Pavement and right-of-way widths shall be as required in Article 04 of this UDC.
j.
Dedications for public schools and public parks. Developments may include land designated for dedication for public school or public park use. Areas designated for public school or public park purposes may be considered part of the gross acreage of the development in computing the maximum number of lots that may be created or dwelling units that may be authorized, provided that:
(1)
The area of the proposed development shall be at least thirty (30) acres in the case of a public school dedication and sixty (60) acres in the case of a public park dedication, unless otherwise authorized or required by the City of Chesterfield.
(2)
The proposed school site is compatible with a generalized plan for school locations published by the school district.
(3)
Prior to approval of a site development concept plan, a written agreement between the petitioner and the school district shall be submitted to the City of Chesterfield for review. This agreement shall indicate who is responsible for the installation of required improvements adjacent to or affecting the school site and when the improvements will be installed.
(4)
The proposed site is dedicated to public school or park use in a manner approved by the City Attorney as to legal form prior to recording of the site development concept plan.
(5)
The site development concept plan identifies the boundaries of the dedicated tract within the development.
(6)
The deed of dedication for a public park(s) or public school use shall provide that in the event the property shall no longer be used for that purpose, it will revert to the trustees of the subdivision in which it is located as common land.
k.
Community character development standards.
(1)
Easements for utility or access purposes may cross any required landscape easement or buffer. If a utility or access easement runs generally parallel to and overlays a required landscape easement or buffer, the minimum required width of said required landscape easement or buffer shall be increased by the width of the easement which overlays the required landscape easement or buffer.
(2)
Sidewalks may be required as directed by the City of Chesterfield when all lots are one (1) acre or greater; when any lots are less than one (1) acre, sidewalks shall be required on one (1) side of the street and shall be encouraged to meander from a straight path to reduce grading and save trees or to be provided in the form of pedestrian walkways linking primary activity centers or destinations. Sidewalks must be situated in a dedicated easement with access and working room to maintain the sidewalk and shall comply with all provisions of the Americans with Disabilities Act.
(3)
Jogging trails shall be allowed in any open space or buffer area but must be coordinated with any tree preservation plan.
l.
Natural features should be preserved at not less than the following levels:
m.
Right-of-way grading.
(1)
Lots which slope down from the right-of-way must have a minimum platform of four (4) feet of ground immediately adjacent to the edge of pavement which drains perpendicular and toward the pavement. Said platform shall be constructed at a grade of not less than two percent (2%) perpendicular to the pavement, except in areas adjacent to a storm sewer, where there must be a platform of not less than seven (7) feet from the edge of pavement at a grade not in excess of two percent (2%). For the purposes of this requirement, "adjacent to a storm sewer" shall mean within ten (10) feet, measured along the curb, of a storm sewer intake.
(2)
Open swales, as opposed to enclosed systems, shall be permitted where appropriate as determined by the Department.
3.
The procedure for zoning to the E-1AC District and site plan approval is established in Article 02 of this UDC.
G.
E-1/2AC Estate District.
[Ord. No. 3098, 3-16-2020]
1.
Purpose. The purpose of the E-1/2AC Estate District is to provide for the enhancement of residential development while preserving the community character of the area with well-buffered, well-landscaped neighborhoods, and to allow for such other residentially related uses which are compatible with the character of the district.
2.
In addition to the development standards and district requirements in Article 04 of this UDC, the following performance standards are applicable:
a.
Uses. Permitted and conditional uses for the E-1/2AC District are found in Section 405.03.060 of this UDC.
(1)
Mortuary and cemetery uses must be adjacent to a commercial district and must have two hundred (200) feet of frontage onto a State road.
(2)
Accessory uses may include, but are not limited to, private stables, devices for the generation of energy or individual sewage treatment facilities serving an individual non-residential use. Sewage treatment facilities shall not exceed a flow of five thousand (5,000) gallons per day.
(a)
Private stables are not permitted within one hundred (100) feet of any property line. All pasture areas shall be fenced.
b.
Density. The density requirement for residential dwellings is one-half (1/2) acre per dwelling unit.
c.
Lot Area.
Use | Minimum Lot Size | |
|---|---|---|
Cemetery or mortuary | 3 acres | |
Churches and other places of worship | 3 acres | |
Day-care center | 3 acres | |
Dwelling, single-family | 1/2 acre | |
Educational facility | ||
Kindergarten | 3 acres | |
Primary | 5 acres | |
Junior high | 10 acres | |
Senior high | 20 acres | |
College/university | 10 acres | |
Group home | 1/2 acre | |
Group residential facility | 5 acres | |
Library | 4 acres | |
Public utility facility | 10,000 square feet | |
Sewage treatment facility | 1 acre | |
Stables and kennels | 5 acres | |
All other non-residential uses | 5 acres | |
d.
Calculation Of Lot Size. Streets, public or private, rights-of-way, and access easements shall not be credited to the minimum lot size.
e.
Height. The maximum height for all structures shall be fifty (50) feet. Church spires may extend to one hundred (100) feet.
f.
Minimum Structure Setbacks.
Setbacks — Residential Uses | Setback (feet) | |
|---|---|---|
Front (from property line) | — | |
Side (from property line) | 15 | |
Rear (from property line) | — | |
Right-of-way | 20 | |
Between structures | 30 | |
Setbacks — Non-Residential Uses | Setback (feet) | |
|---|---|---|
From any property line | 75 | |
Right-of-way | ||
Collector or arterial | 150 | |
Other streets | 100 | |
NOTE: |
|---|
Setbacks for non-residential structures greater than thirty (30) feet in height, other than a public utility tower authorized by a CUP, shall be increased by one (1) additional foot for every two (2) feet or fraction thereof of building height in excess of thirty (30) feet. |
g.
Parking Areas. Parking lots shall maintain the same setbacks as the structure setbacks set forth in the table above. The minimum parking setback is fifty (50) feet from any road.
h.
Yard Requirements. Private stables shall maintain a minimum setback of one hundred (100) feet from all property lines, and pasture areas shall be fenced.
i.
Pavement and right-of-way widths shall be as required in Article 04 of this UDC.
j.
Dedications For Public Schools And Public Parks. Developments may include land designated for dedication for public school or public park use. Areas designated for public school or public park purposes may be considered part of the gross acreage of the development in computing the maximum number of lots that may be created or dwelling units that may be authorized, provided that:
(1)
The area of the proposed development shall be at least thirty (30) acres in the case of a public school dedication and sixty (60) acres in the case of a public park dedication, unless otherwise authorized or required by the City of Chesterfield.
(2)
The proposed school site is compatible with a generalized plan for school locations published by the school district.
(3)
Prior to approval of a site development concept plan, a written agreement between the petitioner and the school district shall be submitted to the City of Chesterfield for review. This agreement shall indicate who is responsible for the installation of required improvements adjacent to or affecting the school site and when the improvements will be installed.
(4)
The proposed site is dedicated to public school or park use in a manner approved by the City Attorney as to legal form prior to recording of the site development concept plan.
(5)
The site development concept plan identifies the boundaries of the dedicated tract within the development.
(6)
The deed of dedication for a public park(s) or public school use shall provide that in the event the property shall no longer be used for that purpose, it will revert to the trustees of the subdivision in which it is located as common land.
k.
Community Character Development Standards.
(1)
Easements for utility or access purposes may cross any required landscape easement or buffer. If a utility or access easement runs generally parallel to and overlays a required landscape easement or buffer, the minimum required width of said required landscape easement or buffer shall be increased by the width of the easement which overlays the required landscape easement or buffer.
(2)
Sidewalks may be required as directed by the City of Chesterfield when all lots are one (1) acre or greater; when any lots are less than one (1) acre, sidewalks shall be required on one (1) side of the street and shall be encouraged to "meander" from a straight path to reduce grading and save trees or to be provided in the form of pedestrian walkways linking primary activity centers or destinations. Sidewalks must be situated in a dedicated easement with access and working room to maintain the sidewalk and shall comply with all provisions of the Americans with Disabilities Act.
(3)
Jogging trails shall be allowed in any open space or buffer area but must be coordinated with any Tree Preservation Plan.
l.
Natural features should be preserved at not less than the following levels:
m.
Right-Of-Way Grading.
(1)
Lots which slope down from the right-of-way must have a minimum platform of four (4) feet of ground immediately adjacent to the edge of pavement which drains perpendicular and toward the pavement. Said platform shall be constructed at a grade of not less than two percent (2%) perpendicular to the pavement, except in areas adjacent to a storm sewer, where there must be a platform of not less than seven (7) feet from the edge of pavement at a grade not in excess of two percent (2%). For the purposes of this requirement, "adjacent to a storm sewer" shall mean within ten (10) feet, measured along the curb, from a storm sewer intake.
(2)
Open swales, as opposed to enclosed systems, shall be permitted where appropriate as determined by the Department.
3.
The procedure for zoning to the E-1/2AC District and site plan approval is established in Article 02 of this UDC.
H.
R-2 Residential District.
1.
Purpose. The R-2 District is established to provide for residential dwellings and uses, to allow for such other related uses which are of a residential nature and are compatible with the character of the district, and to provide district regulations and development requirements.
2.
Scope Of Provisions. This Section contains the regulations of the R-2 District which are supplemented and qualified by additional general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements in Article 04 of this UDC, the following performance standards are applicable to the R-2 District:
a.
Uses. Permitted and conditional uses for the R-2 District are found in Section 405.03.060 of this UDC. In addition:
(1)
Individual sewage treatment facilities shall not exceed a flow of five thousand (5,000) gallons per day.
(2)
Public utility facilities over sixty (60) feet in height require a CUP.
(3)
Mortuary and cemetery uses require two hundred (200) feet of frontage and shall be adjacent to an existing commercial district.
(4)
Private stables shall maintain a minimum setback of one hundred (100) feet from all property lines, and pasture areas shall be fenced.
b.
Lot Area.
[Ord. No. 2814 § 2, 9-15-2014]
Use | Minimum Lot Area | |
|---|---|---|
Cemetery or mortuary | 3 acres | |
Churches and other places of worship | 3 acres | |
Day-care center | 30,000 square feet | |
Dwelling, single-family | 15,000 square feet | |
Group home | 15,000 square feet | |
Group residential facility | 3 acres | |
Library | 1 acre | |
Educational facilities | ||
Nursery school | 15,000 square feet | |
Kindergarten | 1 acre | |
Primary | 5 acres | |
Junior high | 10 acres | |
Senior high | 20 acres | |
Collegiate | 10 acres | |
Public utility facility | 10,000 square feet | |
All other non-residential uses | 5 acres | |
(1)
Any lot or tract of record on the effective date of this UDC which contains less than fifteen thousand (15,000) square feet may be used as a site for one (1) single-family dwelling, together with accessory structures and uses.
(2)
Clubs or community centers, as approved with a CUP, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings, and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than fifteen thousand (15,000) square feet.
(3)
Police and fire stations as approved with a CUP may be established on tracts of less than five (5) acres, where the related parking needs, outdoor facilities, and size of buildings are deemed consistent with the intensity of land use in the neighborhood of these uses.
(4)
No new lots shall be created of less than fifteen thousand (15,000) square feet in area except for police stations and public utility facilities. Lots of less than fifteen thousand (15,000) square feet, created for the above uses, shall not be used for any other use and, in the event the permitted use terminates, the lot shall be established as common ground for an adjacent development or combined with an adjacent parcel or parcels by means of a boundary adjustment. Prior to the approval of a subdivision record plat creating a lot of less than fifteen thousand (15,000) square feet, a deed or other legal instrument which guarantees the required transfer of the property in the event the permitted use is terminated must be approved by the City Attorney and recorded with the St. Louis County Recorder of Deeds, with a copy to be filed with the City of Chesterfield.
c.
Height.
(1)
No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three (3) stories or forty-five (45) feet in height, whichever is less.
(2)
All other structures, other than a public utility tower authorized by a CUP, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.04.060 of this UDC pertaining to air navigation space regulations.
(3)
Any non-residential structure, other than a public utility tower authorized by a CUP, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
d.
Minimum Structure Setbacks.
Use | Setback (feet) | |||
|---|---|---|---|---|
Front (from property line) | Side (from property line) | Rear (from property line) | Right-Of-Way (from front yard) | |
Residential and non-residential uses | — | 10 | 15 | 25 |
(1)
In the event that more than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet to any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.
e.
Lighting. Light standards for streetlighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department. Light standards for parking lot lighting are allowed no closer than ten (10) feet from any side or rear yard line which adjoins property in the NU Non-Urban, PS Park and Scenic, or any residential district.
f.
Development Standards For Nursing Homes.
(1)
Densities of self-care units shall not exceed fifteen (15) units per acre.
(2)
No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
(3)
No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.
(4)
Accessory commercial uses in the form of limited service and retail commercial uses, not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building, shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barbershop and beauty shop, food store or drugstore, laundry or dry-cleaning pickup, and newspaper stand and card shop.
g.
Development standards for group residential facility use, specifically residential substance abuse treatment centers.
(1)
Densities shall not exceed eight (8) resident patients and two (2) houseparents or support staff per facility for lots less than five (5) acres.
(2)
No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
(3)
No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.
(4)
Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.
4.
The procedure for zoning to the R-2 District and site plan approval is established in Article 02 of this UDC.
I.
R-3 Residential District.
1.
Purpose. The R-3 District is established to provide for residential dwellings and uses, to allow for such other related uses which are of a residential nature and are compatible with the character of the district, and to provide district regulations and development requirements.
2.
Scope Of Provisions. This Section contains the regulations of the R-3 District which are supplemented and qualified by additional general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements in Article 04 of this UDC, the following performance standards are applicable to the R-3 District:
a.
Uses. Permitted and conditional uses for the R-3 District are found in Section 405.03.060 of this UDC. In addition:
(1)
Individual sewage treatment facilities shall not exceed a flow of five thousand (5,000) gallons per day.
(2)
Mortuary and cemetery use requires two hundred (200) feet of frontage on a state roadway and must be adjacent to an existing commercial district.
(3)
Public utility facilities over sixty (60) feet in height require a CUP.
b.
Lot area.
Use | Minimum Lot Area | |
|---|---|---|
Cemetery or mortuary | 3 acres | |
Churches and other places of worship | 3 acres | |
Day-care center | 30,000 square feet | |
Dwelling, single-family | 10,000 square feet | |
Group home | 15,000 square feet | |
Group residential facility | 3 acres | |
Library | 1 acre | |
Educational facilities | ||
Nursery school | 15,000 square feet | |
Kindergarten | 1 acre | |
Primary | 5 acres | |
Junior high | 10 acres | |
Senior high | 20 acres | |
Collegiate | 10 acres | |
Public utility facility | 10,000 square feet | |
All other non-residential uses | 5 acres | |
(1)
Any lot or tract of record on the effective date of this UDC which contains less than ten thousand (10,000) square feet may be used as a site for one (1) single-family dwelling, together with accessory structures and uses.
(2)
Clubs or community centers, as approved with a CUP, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings, and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than 10,000 square feet.
(3)
Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the school land area requirements, as listed in the lot area chart above.
c.
Height.
(1)
No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three (3) stories or forty-five (45) feet in height, whichever is less.
(2)
All other structures, other than a public utility tower authorized by a CUP, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.04.060 of this UDC pertaining to air navigation space regulations.
(3)
Any non-residential structure, other than a public utility tower authorized by a CUP, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
d.
Minimum Structure Setbacks.
Use | Setback (feet) | |||
|---|---|---|---|---|
Front (from property line) | Side (from property line) | Rear (from property line) | Right-Of-Way (from front yard) | |
Residential and non-residential uses | — | 8 | 15 | 20 |
(1)
In the event that more than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet to any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.
(2)
If a lot of record existing on the effective date of this UDC has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.
(3)
Any non-residential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
e.
Lighting. Light standards for streetlighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department. Light standards for parking lot lighting are allowed no closer than ten (10) feet from any side or rear yard line which adjoins property in the NU Non-Urban, PS Park and Scenic, or any residential district.
f.
Development Standards For Nursing Homes.
(1)
Densities of self-care units shall not exceed fifteen (15) units per acre.
(2)
No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
(3)
No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.
(4)
Accessory commercial uses in the form of limited service and retail commercial uses, not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building, shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barbershop and beauty shop, food store or drugstore, laundry or dry-cleaning pickup, and newspaper stand and card shop.
g.
Development Standards For Group Residential Facility Use, Specifically Residential Substance Abuse Treatment Centers.
(1)
Densities shall not exceed eight (8) resident patients and two (2) houseparents or support staff per facility for lots less than five (5) acres.
(2)
No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
(3)
No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.
(4)
Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.
4.
The procedure for zoning to the R-3 District and site plan approval is established in Article 02 of this UDC.
J.
R-4 Residential District.
1.
Purpose. The R-4 District is established to provide for residential dwellings and uses, to allow for such other related uses which are of a residential nature and are compatible with the character of the district, and to provide district regulations and development requirements.
2.
Scope Of Provisions. This Section contains the regulations of the R-4 District which are supplemented and qualified by additional general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements in Article 04 of this UDC, the following performance standards are applicable to the R-4 District:
a.
Uses. Permitted and conditional uses for the R-4 District are found in Section 405.03.060 of this Article. In addition:
(1)
Individual sewage treatment facilities shall not exceed a flow of five thousand (5,000) gallons per day.
(2)
Mortuary and cemetery use requires two hundred (200) feet of frontage on a state roadway and must be adjacent to an existing commercial district.
(3)
Public utility facilities over sixty (60) feet in height require a CUP.
b.
Lot area.
Use | Minimum Lot Area | |
|---|---|---|
Cemetery or mortuary | 3 acres | |
Churches and other places of worship | 1/2 acre | |
Day-care center | 30,000 square feet | |
Dwelling, single-family | 7,500 square feet | |
Group home | 7,500 square feet | |
Group residential facility | 3 acres | |
Library | 1 acre | |
Public utility facility | 7,500 square feet | |
Educational facilities | ||
Nursery school | 15,000 square feet | |
Kindergarten | 1 acre | |
Primary | 5 acres | |
Junior high | 10 acres | |
Senior high | 20 acres | |
Collegiate | 10 acres | |
Public utility facility | 7,500 square feet | |
All other non-residential uses | 5 acres | |
(1)
Any lot or tract of record on the effective date of this UDC which contains less than 7,500 square feet may be used as a site for one (1) single-family dwelling, together with accessory structures and uses.
(2)
Clubs or community centers, as approved with a CUP, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings, and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than seven thousand five hundred (7,500) square feet.
c.
Height.
(1)
No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three (3) stories or forty-five (45) feet in height, whichever is less.
(2)
All other structures, other than a public utility tower authorized by a CUP, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.04.060 of this UDC pertaining to air navigation space regulations.
(3)
Any non-residential structure, other than a public utility tower authorized by a CUP, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
d.
Minimum Structure Setbacks.
Use | Setback (feet) | |||
|---|---|---|---|---|
Front (from property line) | Side (from property line) | Rear (from property line) | Right-of-way (from front yard) | |
Residential and non-residential uses | — | 6 | 15 | 20 |
(1)
In the event that more than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet to any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.
(2)
If a lot of record existing on the effective date of this UDC has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.
(3)
Parking lots for five (5) or more vehicles, loading spaces, or internal drives, except ingress and egress drives, shall be set back a minimum of twenty (20) feet from any roadway right-of-way and ten (10) feet from any adjoining property in a PS, NU, or any residential district. No setback is required from adjoining properties in a C or M District unless required by the conditions of a conditional use permit.
e.
Lighting. Light standards for streetlighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department. Light standards for parking lot lighting are allowed no closer than ten (10) feet from any side or rear yard line which adjoins property in the NU Non-Urban, PS Park and Scenic, or any residential district.
f.
Development standards for nursing homes.
(1)
Densities of self-care units shall not exceed twenty (20) units per acre.
(2)
No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
(3)
No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.
(4)
Accessory commercial uses in the form of limited service and retail commercial uses, not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building, shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber- and beauty shop, food store or drugstore, laundry or dry cleaning pickup, and newspaper stand and card shop.
g.
Development standards for group residential facility use, specifically residential substance abuse treatment centers.
(1)
Densities shall not exceed eight (8) resident patients and two (2) houseparents or support staff per facility for lots less than five (5) acres.
(2)
No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
(3)
No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.
(4)
Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.
4.
The procedure for zoning to the R-4 District and site plan approval is established in Article 02 of this UDC.
K.
R-5 Residential District.
1.
Purpose. The R-5 District is established to provide for residential dwellings and uses, to allow for such other related uses which are of a residential nature and are compatible with the character of the district, and to provide district regulations and development requirements.
2.
Scope Of Provisions. This Section contains the regulations of the R-5 District which are supplemented and qualified by additional general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements in Article 04 of this UDC, the following performance standards are applicable to the R-5 District:
a.
Uses. Permitted and conditional uses for the R-5 District are found in Section 405.03.060 of this Article. In addition:
(1)
Individual sewage treatment facilities shall not exceed a flow of five thousand (5,000) gallons per day.
(2)
Mortuary and cemetery use requires two hundred (200) feet of frontage on a state roadway and must be adjacent to an existing commercial district.
(3)
Public utility facilities over sixty (60) feet in height require a CUP.
b.
Lot area.
Use | Minimum Lot Area | |
|---|---|---|
Cemetery or mortuary | 3 acres | |
Churches and other places of worship | 1/2 acre | |
Day-care center | 30,000 square feet | |
Dwelling, single-family | 6,000 square feet | |
Group home | 6,000 square feet | |
Group residential facility | 3 acres | |
Library | 1 acre | |
Educational facilities | ||
Nursery school | 15,000 square feet | |
Kindergarten | 1 acre | |
Primary | 5 acres | |
Junior high | 10 acres | |
Senior high | 20 acres | |
Collegiate | 10 acres | |
Public safety facility | 10,000 square feet | |
Public utility facility | 6,000 square feet | |
All other non-residential uses | 5 acres | |
(1)
Any lot or tract of record on the effective date of this UDC which contains less than six thousand (6,000) square feet may be used as a site for one (1) single-family dwelling, together with accessory structures and uses.
(2)
Clubs or community centers, as approved with a CUP, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings, and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than six thousand (6,000) square feet.
c.
Height.
(1)
No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three (3) stories or forty-five (45) feet in height, whichever is less.
(2)
All other structures, other than a public utility tower authorized by a CUP, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.04.060 of this UDC pertaining to air navigation space regulations.
(3)
Any non-residential structure, other than a public utility tower authorized by a CUP, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
d.
Minimum Structure Setbacks For Residential And Non-Residential Uses.
(1)
The minimum front yard setback from any roadway right-of-way line shall be twenty (20) feet.
(2)
Side yard.
(a)
No structure except single-family attached dwellings and detached garages accessory to unattached single-family dwellings shall be allowed within six (6) feet of any side property line.
(b)
Unattached sides of single-family attached dwellings shall be a minimum of six (6) feet from any side property.
(c)
Detached garages accessory to unattached single-family dwellings shall be a minimum of three (3) feet from any side property line.
(3)
Rear yard.
(a)
No structure, except single-family attached dwellings and detached garages accessory to unattached single-family dwellings, shall be allowed within fifteen (15) feet of any rear property line.
(b)
Unattached sides of single-family attached dwellings shall be a minimum of fifteen (15) feet from any rear property line.
(c)
Detached garages accessory to unattached single-family dwellings shall be a minimum of three (3) feet from any rear property line.
e.
In the event that more than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet to any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.
f.
If a lot of record existing on the effective date of this UDC has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.
g.
Parking lots for five (5) or more vehicles, loading spaces, or internal drives, except ingress and egress drives, shall be set back a minimum of twenty (20) feet from any roadway right-of-way and ten (10) feet from any adjoining property in a PS, NU, or any residential district. No setback is required from adjoining properties in a C or M District unless required by the conditions of a conditional use permit.
h.
Lighting. Light standards for streetlighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department. Light standards for parking lot lighting are allowed no closer than ten (10) feet from any side or rear yard line which adjoins property in the NU Non-Urban, PS Park and Scenic, or any residential district.
i.
Development standards for nursing homes.
(1)
Densities of self-care units shall not exceed twenty (20) units per acre.
(2)
No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
(3)
No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.
(4)
Accessory commercial uses in the form of limited service and retail commercial uses, not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building, shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber- and beauty shop, food store or drugstore, laundry or dry cleaning pickup, and newspaper stand and card shop.
j.
Development standards for group residential facility use, specifically residential substance abuse treatment centers.
(1)
Densities shall not exceed eight (8) resident patients and two (2) houseparents or support staff per facility for lots less than five (5) acres.
(2)
No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
(3)
No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.
(4)
Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.
4.
The procedure for zoning to the R-5 District and site plan approval is established in Article 02 of this UDC.
L.
R-6A Residential District.
1.
Purpose. The R-6A District is established to provide for residential dwellings and uses, to allow for such other related uses which are of a residential nature and are compatible with the character of the district, and to provide district regulations and development requirements.
2.
Scope Of Provisions. This Section contains the regulations of the R-6A District which are supplemented and qualified by additional general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements in Article 04 of this UDC, the following performance standards are applicable to the R-6A District:
a.
Uses. Permitted and conditional uses for the R-6A District are found in Section 405.03.060 of this Article. In addition:
(1)
Individual sewage treatment facilities shall not exceed a flow of five thousand (5,000) gallons per day.
(2)
Mortuary and cemetery use requires two hundred (200) feet of frontage on a state roadway and must be adjacent to an existing commercial district.
(3)
Public utility facilities over sixty (60) feet in height require a CUP.
b.
Lot area.
Residential Dwelling Type | Minimum Lot Size (per unit) (square feet) | |
|---|---|---|
Dwelling, single-family | 4,500 | |
Dwelling, two-family | 4,500 | |
Dwelling, three-family | 4,000 | |
Dwelling, multifamily | 4,000 | |
Non-Residential Uses | Minimum Lot Size (per unit) (square feet) | |
|---|---|---|
Cemetery or mortuary | 3 acres | |
Churches and other places of worship | 1/2 acre | |
Day-care center | 4,500 square feet | |
Group home | 4,500 square feet | |
Group residential facility in general | 3 acres | |
Group residential facility for residential substance abuse treatment facility | 3 acres | |
For a facility with more than 8 resident patients | 5 acres | |
Educational facilities | ||
Nursery or day nursery | 15,000 square feet | |
Kindergarten | 1 acre | |
Primary | 5 acres | |
Junior high | 10 acres | |
Senior high | 20 acres | |
Collegiate | 10 acres | |
Library | 1/2 acre | |
Public safety facility | 10,000 square feet | |
Public utility facility | 10,000 square feet | |
All other non-residential uses | 5 acres | |
(1)
Any lot or tract of record on the effective date of this UDC which contains less than four thousand five hundred (4,500) square feet may be used as a site for one (1) single-family dwelling, together with accessory structures and uses.
(2)
Clubs or community centers, as approved with a CUP, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than ten thousand (10,000) square feet.
c.
Height.
(1)
No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed four (4) stories in height, including any basement dwelling space.
(2)
All other structures, other than a public utility tower authorized by a CUP, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.04.060 of this UDC pertaining to air navigation space regulations.
(3)
Any non-residential structure, other than a public utility tower authorized by a CUP, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
d.
Minimum Structure Setbacks For Residential And Non-Residential Uses.
(1)
The minimum front yard setback from any roadway right-of-way line shall be twenty (20) feet.
(2)
Side yard.
(a)
No single-family dwelling or unattached side of an attached single-family dwelling or structure accessory to a single-family or attached single-family dwelling, except as noted, shall be allowed within five (5) feet of any side property line.
(b)
Detached garages accessory to unattached single-family dwellings shall be a minimum of three (3) feet from any side property line.
(c)
No other structure shall be allowed within ten (10) feet of any side property line.
(3)
Rear yard.
(a)
No structure, except single-family attached dwellings and detached garages accessory to unattached single-family dwellings, shall be allowed within fifteen (15) feet of any rear property line.
(b)
Unattached sides of single-family attached dwellings shall be a minimum of fifteen (15) feet from any rear property line.
(c)
Detached garages accessory to unattached single-family dwellings shall be a minimum of three (3) feet from any rear property line.
(4)
Setback between buildings. No wall of any separate (detached) structure, other than a single-family dwelling or its accessory structure, shall be located closer to any wall of another structure than as set forth in the following table:
Setback Requirement (feet) | ||||
|---|---|---|---|---|
Wall | Front | Side | Rear | Detached Accessory Building Wall |
Front | 50, plus 10 for each story over 2 stories | 30; 20 if side wall has no windows | 100 | 30 |
Side | 30; 20 if side wall has no windows | 20 | 30 | 10 |
Rear | 100 | 30 | 50 | 20 |
NOTE: |
|---|
Any dimension given in the table above shall include the side yard required for a single-family dwelling when any described wall faces the side lot of any separately owned property, whether or not any structure is located on said property. |
e.
In the event that more than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet to any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.
f.
If a lot of record existing on the effective date of this UDC has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.
g.
Parking lots for five (5) or more vehicles, loading spaces, or internal drives, except ingress and egress drives, shall be set back a minimum of twenty (20) feet from any roadway right-of-way and ten (10) feet from any adjoining property in a PS, NU, or any residential district. No setback is required from adjoining properties in a C or M District unless required by the conditions of a conditional use permit.
h.
Lighting. Light standards for streetlighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department. Light standards for parking lot lighting are allowed no closer than ten (10) feet from any side or rear yard line which adjoins property in the NU Non-Urban, PS Park and Scenic, or any residential district.
i.
Multifamily, row house, or group home developments shall have a minimum common open space area of forty percent (40%.)
j.
Development standards for nursing homes.
(1)
Densities of self-care units shall not exceed twenty-five (25) units per acre.
(2)
No building within a nursing home development shall exceed a height of four (4) stories or sixty (60) feet above the average ground elevation at the perimeter of the building, whichever is less.
(3)
No building within a nursing home development shall be allowed within a minimum of thirty (30) feet of any property line.
(4)
Accessory commercial uses in the form of limited service and retail commercial uses, not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building, shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber- and beauty shop, food store or drugstore, laundry or dry cleaning pickup, and newspaper stand and card shop.
k.
Development standards for residential substance abuse treatment centers.
(1)
Densities shall not exceed eight (8) resident patients and two (2) houseparents or support staff, per facility for lots less than five (5) acres.
(2)
No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
(3)
No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.
(4)
Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.
4.
The procedure for zoning to the R-6A District and site plan approval is established in Article 02 of this UDC.
M.
R-6AA Residential District.
1.
Purpose. The R-6AA District is established to provide for residential dwellings and uses, to allow for such other related uses which are of a residential nature and are compatible with the character of the district, and to provide district regulations and development requirements.
2.
Scope Of Provisions. This Section contains the regulations of the R-6AA District which are supplemented and qualified by additional general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements in Article 04 of this UDC, the following performance standards are applicable to the R-6AA District:
a.
Uses. Permitted and conditional uses for the R-6AA District are found in Section 405.03.060 of this Article. In addition:
(1)
Individual sewage treatment facilities shall not exceed a flow of 5,000 gallons per day.
(2)
Mortuary and cemetery use requires two hundred (200) feet of frontage on a state roadway and must be adjacent to an existing commercial district.
(3)
Public utility facilities over sixty (60) feet in height require a CUP.
b.
Lot area.
Residential Dwelling Type | Minimum Lot Size (per unit) (square feet) |
|---|---|
Dwelling, single-family | 4,500 |
Dwelling, two-family | 4,500 |
Dwelling, three-family | 3,500 |
Dwelling, multifamily | 3,000 |
Other Uses | Minimum Lot Size | |
|---|---|---|
Cemetery or mortuary | 3 acres | |
Churches and other places of worship | 1/2 acre | |
Day-care center | 4,500 square feet | |
Group home | 4,500 square feet | |
Group residential facility | 3 acres | |
Educational facilities | ||
Nursery or day nursery | 15,000 square feet | |
Kindergarten | 1 acre | |
Primary | 5 acres | |
Junior high | 10 acres | |
Senior high | 20 acres | |
Collegiate | 10 acres | |
Library | 1/2 acre | |
Public safety facility | 10,000 square feet | |
Public utility facility | 10,000 square feet | |
All other non-residential uses | 5 acres | |
(1)
Any lot or tract of record on the effective date of this UDC which contains less than four thousand five hundred (4,500) square feet may be used as a site for one (1) single-family dwelling, together with accessory structures and uses.
(2)
Clubs or community centers, as approved with a CUP, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings, and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than ten thousand (10,000) square feet.
c.
Height.
(1)
No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed four (4) stories in height, including any basement dwelling space.
(2)
All other structures, other than a public utility tower authorized by a CUP, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.04.060 of this UDC pertaining to air navigation space regulations.
(3)
Any non-residential structure, other than a public utility tower authorized by a CUP, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
d.
Minimum Structure Setbacks For Residential And Non-Residential Uses.
(1)
The minimum front yard setback from any roadway right-of-way line shall be twenty (20) feet.
(2)
Side yard.
(a)
No single-family dwelling or unattached side of an attached single-family dwelling or structure accessory to a single-family or attached single-family dwelling, except as noted, shall be allowed within five (5) feet of any side property line.
(b)
Detached garages accessory to unattached single-family dwellings shall be a minimum of three (3) feet from any side property line.
(c)
No other structure shall be allowed within ten (10) feet of any side property line.
(3)
Rear yard.
(a)
No structure, except single-family attached dwellings and detached garages accessory to unattached single-family dwellings, shall be allowed within fifteen (15) feet of any rear property line.
(b)
Unattached sides of single-family attached dwellings shall be a minimum of fifteen (15) feet from any rear property line.
(c)
Detached garages accessory to unattached single-family dwellings shall be a minimum of three (3) feet from any rear property line.
(4)
Setback between buildings. No wall of any separate (detached) structure, other than a single-family dwelling or its accessory structure, shall be located closer to any wall of another structure than as set forth in the following table:
Setback Requirement (feet) | ||||
|---|---|---|---|---|
Wall | Front | Side | Rear | Detached accessory building wall |
Front | 50, plus 10 for each story over 2 stories | 30; 20 if side wall has no windows | 100 | 30 |
Side | 30; 20 if side wall has no windows | 20 | 30 | 10 |
Rear | 100 | 30 | 50 | 20 |
NOTE: |
|---|
Any dimension given in the table above shall include the side yard required for a single-family dwelling when any described wall faces the side lot of any separately owned property, whether or not any structure is located on said property. |
e.
In the event that more than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet to any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.
f.
If a lot of record existing on the effective date of this UDC has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.
g.
Parking lots for five (5) or more vehicles, loading spaces, or internal drives, except ingress and egress drives, shall be set back a minimum of twenty (20) feet from any roadway right-of-way and ten (10) feet from any adjoining property in a PS, NU, or any residential district. No setback is required from adjoining properties in a C or M District unless required by the conditions of a conditional use permit.
h.
Lighting. Light standards for streetlighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department. Light standards for parking lot lighting are allowed no closer than ten (10) feet from any side or rear yard line which adjoins property in the NU Non-Urban, PS Park and Scenic, or any residential district.
i.
Multifamily, row house, or group home developments shall have a minimum common open space area of forty (40%).
j.
Development standards for nursing homes.
(1)
Densities of self-care units shall not exceed twenty-five (25) units per acre.
(2)
No building within a nursing home development shall exceed a height of four (4) stories or sixty (60) feet above the average ground elevation at the perimeter of the building, whichever is less.
(3)
No building within a nursing home development shall be allowed within a minimum of thirty (30) feet of any property line.
(4)
Accessory commercial uses in the form of limited service and retail commercial uses, not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building, shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber- and beauty shop, food store or drugstore, laundry or dry cleaning pickup, and newspaper stand and card shop.
k.
Development standards for group residential facility use, specifically for residential substance abuse treatment centers.
(1)
Densities shall not exceed eight (8) resident patients and two (2) houseparents or support staff per facility for lots less than five (5) acres.
(2)
No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
(3)
No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.
(4)
Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.
4.
The procedure for zoning to the R-6AA District and site plan approval is established in Article 02 of this UDC.
N.
R-6 Residential District.
1.
Purpose. The R-6 District is established to provide for residential dwellings and uses, to allow for such other related uses which are of a residential nature and are compatible with the character of the district, and to provide district regulations and development requirements.
2.
Scope Of Provisions. This Section contains the regulations of the R-6 District which are supplemented and qualified by additional general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements in Article 04 of this UDC, the following performance standards are applicable to the R-6 District:
a.
Uses. Permitted and Conditional Uses for the R-6 District are found in Section 405.03.060 of this Article. In addition:
b.
Lot area.
Residential Dwelling Uses | Minimum Lot Size (per unit) (square feet) |
|---|---|
Dwelling, single-family | 4,500 |
Dwelling, two-family | 2,500 |
Dwelling, three-family | 2,000 |
Dwelling, multifamily | 2,000 |
Non-Residential Uses | Minimum Lot Size | |
|---|---|---|
Cemetery or mortuary | 3 acres | |
Churches and other places of worship | 1/2 acre | |
Day-care center | 4,500 square feet | |
Group home | 4,500 square feet | |
Group residential facilities: in general | 3 acres | |
Group residential facility for residential substance abuse treatment facilities | 3 acres | |
For a facility with more than 8 resident patients | 5 acres | |
Educational facilities | ||
Nursery school | 15,000 square feet | |
Kindergarten | 1 acre | |
Primary | 5 acres | |
Junior high | 10 acres | |
Senior high | 20 acres | |
Collegiate | 10 acres | |
Library | 1/2 acre | |
Public safety facility | 10,000 square feet | |
Public utility facility | 10,000 square feet | |
All other non-residential uses | 5 acres | |
(1)
Any lot or tract of record on the effective date of this UDC which contains less than four thousand five hundred (4,500) square feet may be used as a site for one (1) single-family dwelling, together with accessory structures and uses.
(2)
Clubs or community centers, as approved with a CUP, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings, and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than ten thousand (10,000) square feet.
c.
Height.
(1)
No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed four (4) stories in height, including any basement dwelling space.
(2)
All other structures, other than a public utility tower authorized by a CUP, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.04.060 of this UDC pertaining to air navigation space regulations.
(3)
Any non-residential structure, other than a public utility tower authorized by a CUP, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
d.
Minimum Structure Setbacks For Residential And Non-Residential Uses.
(1)
The minimum front yard setback from any roadway right-of-way line shall be twenty (20) feet.
(2)
Side yard.
(a)
No single-family dwelling or unattached side of an attached single-family dwelling or structure accessory to a single-family or attached single-family dwelling, except as noted, shall be allowed within five (5) feet of any side property line.
(b)
Detached garages accessory to unattached single-family dwellings shall be a minimum of three (3) feet from any side property line.
(c)
No other structure shall be allowed within ten (10) feet of any side property line.
(3)
Rear yard.
(a)
No structure, except single-family attached dwellings and detached garages accessory to unattached single-family dwellings, shall be allowed within fifteen (15) feet of any rear property line.
(b)
Unattached sides of single-family attached dwellings shall be a minimum of fifteen (15) feet from any rear property line.
(c)
Detached garages accessory to unattached single-family dwellings shall be a minimum of three (3) feet from any rear property line.
(4)
Setback between buildings. No wall of any separate (detached) structure, other than a single-family dwelling or its accessory structure, shall be located closer to any wall of another structure than as set forth in the following table:
Setback Requirement (feet) | ||||
|---|---|---|---|---|
Wall | Front | Side | Rear | Detached Accessory Building Wall |
Front | 50, plus 10 for each story over 2 stories | 30; 20 if side wall has no windows | 100 | 30 |
Side | 30; 20 if side wall has no windows | 20 | 30 | 10 |
Rear | 100 | 30 | 50 | 20 |
NOTE: |
|---|
Any dimension given in the table above shall include the side yard required for a single-family dwelling, when any described wall faces the side lot of any separately owned property, whether or not any structure is located on said property. |
e.
In the event that more than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet to any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.
f.
If a lot of record existing on the effective date of this UDC has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.
g.
Parking lots for five (5) or more vehicles, loading spaces, or internal drives, except ingress and egress drives, shall be set back a minimum of twenty (20) feet from any roadway right-of-way and ten (10) feet from any adjoining property in a PS, NU, or any residential district. No setback is required from adjoining properties in a C or M District unless required by the conditions of a conditional use permit.
h.
Lighting. Light standards for streetlighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department. Light standards for parking lot lighting are allowed no closer than ten (10) feet from any side or rear yard line which adjoins property in the NU Non-Urban, PS Park and Scenic, or any residential district.
i.
Multifamily, row house, or group home developments shall have a minimum common open space area of forty percent (40%).
j.
Development standards for nursing homes.
(1)
Densities of self-care units shall not exceed twenty-five (25) units per acre.
(2)
No building within a nursing home development shall exceed a height of four (4) stories or sixty (60) feet above the average ground elevation at the perimeter of the building, whichever is less.
(3)
No building within a nursing home development shall be allowed within a minimum of thirty (30) feet of any property line.
(4)
Accessory commercial uses in the form of limited service and retail commercial uses, not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building, shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber- and beauty shop, food store or drugstore, laundry or dry cleaning pickup, and newspaper stand and card shop.
k.
Development standards for residential substance abuse treatment centers.
(1)
Densities shall not exceed eight (8) resident patients and two (2) houseparents or support staff per facility for lots less than five (5) acres.
(2)
No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
(3)
No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.
(4)
Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.
4.
The procedure for zoning to the R-6 District and site plan approval is established in Article 02 of this UDC.
O.
R-7 Residential District.
1.
Purpose. The R-7 District is established to provide for residential dwellings and uses, to allow for such other related uses which are of a residential nature and are compatible with the character of the district, and to provide district regulations and development requirements.
2.
Scope Of Provisions. This Section contains the regulations of the R-7 District which are supplemented and qualified by additional general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements in Article 04 of this UDC, the following performance standards are applicable to the R-7 District:
a.
Uses. Permitted and conditional uses for the R-7 District are found in Section 405.03.060 of this Article. In addition:
(1)
Individual sewage treatment facilities shall not exceed a flow of five thousand (5,000) gallons per day.
(2)
Mortuary and cemetery use requires two hundred (200) feet of frontage on a state roadway and must be adjacent to an existing commercial district.
(3)
Public utility facilities over sixty (60) feet in height require a CUP.
b.
Lot area.
Residential Dwellings | Minimum Lot Area (per unit) (square feet) |
|---|---|
Dwelling, single-family | 4,500 |
Dwelling, two-family | 2,500 |
Dwelling, three-family | 2,000 |
Dwelling, multifamily | 1,750 |
Other Uses | Minimum Lot Area | |
|---|---|---|
Cemetery and mausoleum | 3 acres | |
Churches and other places of worship | 1/2 acre | |
Day-care center | 4,500 square feet | |
Group home | 4,500 square feet | |
Group residential facility: in general | 3 acres | |
Group residential facility for residential substance abuse treatment facility | 3 acres | |
For facility with more than 8 resident patients | 5 acres | |
Educational facilities | ||
Nursery school | 15,000 square feet | |
Kindergarten | 1 acre | |
Primary | 5 acres | |
Junior high | 10 acres | |
Senior high | 20 acres | |
Collegiate | 10 acres | |
Library | 1/2 acre | |
Public safety facility | 10,000 square feet | |
Public utility facility | 10,000 square feet | |
All other non-residential uses | 12,000 square feet | |
(1)
Any lot or tract of record on the effective date of this UDC which contains less than four thousand five hundred (4,500) square feet may be used as a site for one (1) single-family dwelling together with accessory structures and uses.
(2)
Foster homes for handicapped children and not-for-profit private clubs and recreational land uses, including community center, as approved by the Planning Commission via a conditional use permit, may be established on tracts of land less than twelve thousand (12,000) square feet where the related parking needs, outdoor facilities, size of buildings, and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than eight thousand (8,000) square feet.
(3)
Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the school land area requirements, as listed in the table above.
c.
Height. No structure, other than a public utility tower authorized by a conditional use permit, shall exceed a height of two hundred (200) feet above the average finished ground elevation at the perimeter of the structure; except that the height of structures may be further restricted as provided in Section 405.04.060 of this UDC pertaining to air navigation space regulations.
d.
Non-residential uses.
(1)
The minimum front yard setback from any roadway right-of-way line shall be twenty (20) feet.
(2)
Side yard.
(a)
No single-family dwelling or unattached side of an attached single-family dwelling or structure accessory to a single-family or attached single-family dwelling, except as noted, shall be allowed within five (5) feet of any side property line.
(b)
Detached garages accessory to unattached single-family dwellings shall be a minimum of three (3) feet from any side property line.
(c)
No other structure shall be allowed within ten (10) feet of any side property line.
(3)
Rear yard.
(a)
No structure, except single-family attached dwellings and detached garages accessory to unattached single-family dwellings, shall be allowed within fifteen (15) feet of any rear property line.
(b)
Unattached sides of single-family attached dwellings shall be a minimum of fifteen (15) feet from any rear property line.
(c)
Detached garages accessory to unattached single-family dwellings shall be a minimum of three (3) feet from any rear property line.
(4)
Setback between buildings. No wall of any separate (detached) structure, other than a single-family dwelling or its accessory structure, shall be located closer to any wall of another structure than as set forth in the following table:
Setback Requirement (feet) | ||||
|---|---|---|---|---|
Wall | Front | Side | Rear | Detached Accessory Building Wall |
Front | 50 plus 1 for each 2 feet above 45 feet | 30; 20 if side wall has no windows, plus 1 for each 3 feet of height above 45 feet | 30, except 20 if side wall has no windows; plus 1 for 3 feet of height above 45 feet for each building | 30, plus 1 for each 2 feet of height above 45 feet for each building |
Side | 30; 20 if side wall has no windows, plus 1 for 3 feet of height above 45 feet | 20, plus 1 for each 3 feet of height above 45 feet for each building | 20, plus 1 for each 3 feet of height above 45 feet for each building | 10, plus 1 for each 2 feet of height above 45 feet for each building |
Rear | 30; 20 if side wall has no windows, plus 1 for 3 feet of height above 45 feet | 20, plus 1 for each 3 feet of height above 45 feet for each building | 20, plus 1 for each 3 feet of height above 45 feet for each building | 10, plus 1 for each 2 feet of height above 45 feet for each building |
NOTE: |
|---|
Any dimension given in the table above shall include the side yard required for a single-family dwelling, when any described wall faces the side lot of any separately owned property, whether or not any structure is located on said property. |
e.
In the event that more than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.
f.
If a lot of record existing on the effective date of this UDC has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.
g.
Parking lots for five (5) or more vehicles, loading spaces, or internal drives, except ingress and egress drives, shall be set back a minimum of twenty (20) feet from any roadway right-of-way and ten (10) feet from any adjoining property in a PS, NU, or any residential district. No setback is required from adjoining properties in a C or M District unless required by the conditions of a conditional use permit.
h.
Lighting. Light standards for streetlighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department. Light standards for parking lot lighting are allowed no closer than ten (10) feet from any side or rear yard line which adjoins property in the NU Non-Urban, PS Park and Scenic, or any residential district.
i.
Multifamily, row houses, or group home developments shall have a minimum common open space area of forty percent (40%).
j.
Development standards for nursing homes.
(1)
Densities of self-care units shall not exceed thirty-five (35) units per acre.
(2)
No building within a nursing home development shall exceed two hundred (200) feet above the average ground elevation at the perimeter of the building.
(3)
No building within a nursing home development shall be allowed within twenty (20) feet of any property line.
(4)
Accessory commercial uses in the form of limited service and retail commercial uses, not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building, shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber- and beauty shop, food store or drugstore, laundry or dry cleaning pickup, and newspaper stand and card shop.
k.
Development standards for residential substance abuse treatment centers.
(1)
Densities shall not exceed eight (8) resident patients and two (2) houseparents or support staff per facility for lots less than five (5) acres.
(2)
No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
(3)
No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.
(4)
Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.
4.
The procedure for zoning to the R-7 District and site plan approval is established in Article 02 of this UDC.
P.
R-8 Residential District.
1.
Purpose. The R-8 District is established to provide for residential dwellings and uses, to allow for such other related uses which are of a residential nature and are compatible with the character of the district, and to provide district regulations and development requirements.
2.
Scope Of Provisions. This Section contains the regulations of the R-8 District which are supplemented and qualified by additional general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements in Article 04 of this UDC, the following performance standards are applicable to the R-8 District:
a.
Uses. Permitted and conditional uses for the R-8 District are found in Section 405.03.060 of this Article. In addition:
(1)
Individual sewage treatment facilities shall not exceed a flow of five thousand (5,000) gallons per day.
(2)
Mortuary and cemetery use requires two hundred (200) feet of frontage on a state roadway and must be adjacent to an existing commercial district.
(3)
Public utility facilities over sixty (60) feet in height require a CUP.
b.
Lot area.
Residential Dwellings | Minimum Lot Area (per unit) (square feet) |
|---|---|
Dwelling, single-family | 4,500 |
Dwelling, two-family | 2,500 |
Dwelling, three-family | 2,000 |
Dwelling, multifamily | 500 |
Other Uses | Minimum Lot Area | |
|---|---|---|
Cemetery or mortuary | 3 acres | |
Churches and other places of worship | 30,000 square feet | |
Day-care center | 4,500 square feet | |
Group home | 10,000 square feet | |
Group residential facilities: in general | 1/2 acre | |
Group residential facility for residential substance abuse treatment facilities | 3 acres | |
For facility with more than 8 resident patients | 5 acres | |
Library | 4,500 | |
Educational facilities | ||
Nursery school | 15,000 | |
Kindergarten | 1 acre | |
Primary | 5 acres | |
Junior high | 10 acres | |
Senior high | 20 acres | |
Collegiate | 10 acres | |
Public safety facility | 3 acres | |
Public utility facility | 4,500 square feet | |
All other non-residential uses | 12,000 square feet | |
(1)
Any lot or tract of record on the effective date of this UDC which contains less than 4,500 square feet may be used as a site for one (1) single-family dwelling, together with accessory structures and uses.
(2)
Clubs or community centers, as approved with a CUP, may be established on tracts of land less than twelve thousand (12,000) square feet where the related parking needs, outdoor facilities, size of buildings, and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than eight thousand (8,000) square feet.
(3)
Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the school land area requirements, as listed in the table above.
c.
Height. No structure, other than a public utility tower authorized by a conditional use permit, shall exceed a height of two hundred (200) feet above the average finished ground elevation at the perimeter of the structure; except that the height of structures may be further restricted as provided in Section 405.04.060 of this UDC pertaining to air navigation space regulations.
d.
Minimum Structure Setbacks For Residential And Non-Residential Uses.
(1)
The minimum front yard setback from any roadway right-of-way line shall be twenty (20) feet.
(2)
Side yard.
(a)
No single-family dwelling or unattached side of an attached single-family dwelling or structure accessory to a single-family or attached single-family dwelling except as noted shall be allowed within five (5) feet of any side property line.
(b)
Detached garages accessory to unattached single-family dwellings shall be a minimum of three (3) feet from any side property line.
(c)
No other structure shall be allowed within ten (10) feet of any side property line.
(3)
Rear yard.
(a)
No structure, except single-family attached dwellings and detached garages accessory to unattached single-family dwellings, shall be allowed within fifteen (15) feet of any rear property line.
(b)
Unattached sides of single-family attached dwellings shall be a minimum of fifteen (15) feet from any rear property line.
(c)
Detached garages accessory to unattached single-family dwellings shall be a minimum of three (3) feet from any rear property line.
(4)
Setback between buildings. No wall of any separate (detached) structure, other than a single-family or its accessory structure, shall be located closer to any wall of another structure than as set forth in the following table:
Setback Requirement (feet) | ||||
|---|---|---|---|---|
Wall | Front | Side | Rear | Detached Accessory Building Wall |
Front | 50, plus 1 for each 2 feet above 45 feet | 30; 20 if side wall has no windows, plus 1 for each 3 feet of height above 45 feet | 30; except 20 if side wall has no windows, plus 1 for 3 feet of height above 45 feet for each building | 30, plus 1 for each 2 feet of height above 45 feet for each building |
Side | 30; 20 if side wall has no windows, plus 1 for 3 feet of height above 45 feet | 20, plus 1 for each 3 feet of height above 45 feet for each building | 20, plus 1 for each 3 feet of height above 45 feet for each building | 10, plus 1 for each 2 feet of height above 45 feet for each building |
Rear | 30; 20 if side wall has no windows, plus 1 for 3 feet of height above 45 feet | 20, plus 1 for each 3 feet of height above 45 feet for each building | 20, plus 1 for each 3 feet of height above 45 feet for each building | 10, plus 1 for each 2 feet of height above 45 feet for each building |
NOTE: |
|---|
Any dimension given in the table above shall include the side yard required for a single-family dwelling, when any described wall faces the side lot of any separately owned property, whether or not any structure is located on said property. |
e.
In the event that more than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.
f.
If a lot of record existing on the effective date of this UDC has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.
g.
Parking lots for five (5) or more vehicles, loading spaces, or internal drives, except ingress and egress drives, shall be set back a minimum of twenty (20) feet from any roadway right-of-way and ten (10) feet from any adjoining property in a PS, NU, or any residential district. No setback is required from adjoining properties in a C or M District unless required by the conditions of a conditional use permit.
h.
Lighting. Light standards for streetlighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department. Light standards for parking lot lighting are allowed no closer than ten (10) feet of any side or rear yard line which adjoins property in the NU Non-Urban, PS Park and Scenic, or any residential district.
i.
Multifamily, row house, or group home developments shall have a minimum common open space area of forty percent (40%).
j.
Development standards for nursing homes.
(1)
Densities of self-care units shall not exceed ninety (90) units per acre.
(2)
No building within a nursing home development shall exceed two hundred (200) feet above the average ground elevation at the perimeter of the building.
(3)
No building within a nursing home development shall be allowed within twenty (20) feet of any property line.
(4)
Accessory commercial uses in the form of limited service and retail commercial uses, not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building, shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber- and beauty shop, food store or drugstore, laundry or dry cleaning pickup, and newspaper stand and card shop.
k.
Development standards for group residential facility use, specifically for residential substance abuse treatment centers.
(1)
Densities shall not exceed eight (8) resident patients and two (2) houseparents or support staff per facility for lots less than five (5) acres.
(2)
No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
(3)
No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.
(4)
Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.
4.
The procedure for zoning to the R-8 District and site plan approval is established in Article 02 of this UDC.
Section 405.03.040 Planned Zoning Districts And Regulations.
[CC 1990 § 31-03-04; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
General Requirements For All Planned Districts.
1.
Boundary walls, information signs or fences, six (6) feet in height or less, and directional signs less than three (3) feet in height are permitted within the minimum yard requirements, unless otherwise restricted in the conditions of any planned district ordinance.
2.
Where the City Council determines that any particular tracts or areas should be developed as limited office or limited commercial, a NB District may be established on a tract of land in single ownership or single management control, provided that:
a.
The proposed project shall be consistent with the purposes and intent of the Comprehensive Plan and UDC.
b.
The preliminary development plan and the application for change of zoning are approved by the City Council; and
c.
A site development plan is approved by the Planning Commission and recorded in compliance with requirements of this Section.
d.
The schedule of construction is complied with in accordance with the requirements of the City of Chesterfield.
e.
All utilities shall be installed underground.
f.
An opportunity for recycling shall be provided.
g.
A provision for pedestrianways, trails or bikeways beyond the standard sidewalk otherwise required shall be included where appropriate.
B.
Requests For Modification Of Standards. The standards for development within this Article of the UDC may be modified if it may be demonstrated that said modification is consistent with the Comprehensive Plan and it is found that no detriment to the public health, safety and welfare will be created. Additionally, site design features identified throughout this Section should be included in the development for projects requesting modifications to the above standards. Said modification shall require a two-thirds (2/3) vote of the Planning Commission. Notwithstanding the recommendation of the Planning Commission, the Council may modify the standards contained in this Section by a majority vote.
C.
PC Planned Commercial District.
1.
Purpose. The regulations of the PC District offer a method for commercial and limited light industrial development of land in the City of Chesterfield that allows flexibility in applying certain zoning standards. The PC District method allows innovative designs, meets market niches, and promotes well-designed developments. The PC District regulations should have the following outcomes:
a.
Ensure consistency with the Comprehensive Plan;
b.
Promote more efficient use of land;
c.
Incorporate site features, such as topography, views, vegetation, water features, and other factors into the design so they become assets to the development;
d.
Promote building styles and architectural styles that complement one another;
e.
Allow a mix of uses that are designed to negate potential conflicts that normally occur between incompatible land uses;
f.
Promote the most efficient arrangement of circulation systems, land use, and buildings;
g.
Promote environmentally sensitive developments; and
h.
Allow development under a specifically approved design concept and site plan.
2.
Scope Of Provisions. This Section contains the regulations of the PC Planned Commercial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in the UDC. Additional conditions may be established in the planned district ordinance authorizing the establishment of a PC District:
3.
Minimum Standards Of Design. In addition to the development standards and district requirements in Article 04 of this UDC, the following performance standards are applicable to the PC District:
a.
Uses. Permitted and conditional uses for the PC District are found in Section 405.03.070 of this Article.
(1)
The following light industrial type uses may be permitted and established in the site-specific ordinance within a PC District for properties within the area known as "Chesterfield Valley" and specifically located west of Long Road, bordered on the north by the City of Chesterfield City limits and bordered on the south by Central Midland Railroad:
(2)
Requests for uses identified as adult entertainment uses must first obtain approval of an adult entertainment area as described in Article 02 and shall adhere to all conditions of Section 405.03.050 of this Article.
b.
In order to promote reasonable and orderly development within the City of Chesterfield, the following standards shall be considered by the Planning Commission and City Council in consideration for a change in zoning to a PC District. These standards are minimum requirements and may be made more restrictive in the conditions of the planned district ordinance governing the particular PC District.
(1)
Density. The maximum floor area ratio is fifty-five hundredths (0.55).
(2)
Open space. A provision for common open space shall be provided in the district at a minimum of thirty-five percent (35%) of the total site acreage. Open space should be integrated into the development to provide aesthetic, recreational, or other public benefit.
(3)
Setbacks.
(a)
No structure shall be permitted within thirty-five (35) feet of a property line adjoining property designated on the Comprehensive Land Use Map as being residential or park/recreation.
(b)
No parking area, internal drive, loading space, or structure shall be permitted within twenty-five (25) feet of a property line adjoining property designated on the Comprehensive Land Use Map as being residential or park/recreation.
(c)
All other setbacks shall be established by the conditions of the planned district ordinance.
(4)
Hours of operation. The hours of operation, including hours open to the public and hours for the loading and unloading of deliveries, shall be established in the planned district ordinance.
4.
Site design features and flexibility.
a.
Any design features approved under this Section shall be assured and implemented through inclusion in the planned district ordinance. This ordinance shall be approved concurrently with the change in zoning to the PC District.
b.
While these features are not mandatory for approval, they are desirable to the City of Chesterfield and may increase the flexibility of design and the ability of the developer to negotiate the mitigation of other requirements.
(1)
Placement of structures on most suitable sites with consideration of topography, soils, vegetation, slope, etc.;
(2)
Preservation of natural and cultural areas, as well as the creation of open space through active and passive recreation areas to include greenways, walking and cycling trails that serve to connect significant areas and various land uses;
(3)
Enhanced landscaping, deeper and opaque buffers, and increased planting along public rights-of-way, open space/recreational areas, and the overall perimeter of the project;
(4)
Utilization of mixed use buildings;
(5)
Segregation of vehicular traffic from pedestrian/bicycle circulation networks, and other traffic mitigation measures;
(6)
Incorporation of transit-oriented development or direct access to public transportation;
(7)
Utilization of Leadership in Energy and Environmental Design (LEED) construction and development standards and the proposed LEED certification of buildings within the PC District;
(8)
Public benefits and community facilities and the access thereto; and
(9)
Sensitive treatment of perimeters to mitigate impact upon adjoining property.
5.
The procedure for zoning to the PC District and site development plan approval is established in Article 02 of this UDC.
D.
NB Neighborhood Business District.
1.
Purpose. The NB District is intended to provide a method for limited office or limited commercial development, which is compatible in scale and intensity with adjacent residential uses. The NB District is intended to provide for individual or small groups of office and customer service retail establishments. This planned district requires architectural design harmonious with the surrounding area and landscape screening from adjacent residential uses. The NB District is appropriate for areas not designated as residential, park/scenic, or industrial in the City of Chesterfield Comprehensive Plan.
2.
Scope Of Provisions. This Section contains the regulations of the NB Neighborhood Business District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in the UDC. Additional conditions may be established in the planned district ordinance authorizing the establishment of a NB District.
3.
The regulations for NB District offer a method that allows flexibility in applying certain zoning standards. The NB District allows innovative designs, meets market niches, and promotes well-designed developments. The NB District regulations should have the following outcomes:
a.
Ensure consistency with the Comprehensive Plan;
b.
Promote building styles and architectural styles that complement one another, as well as the surrounding area;
c.
Promote more efficient use of land;
d.
Incorporate site features such as topography, views, vegetation, water features, and other factors into the design so they become assets to the development;
e.
Promote the most efficient arrangement of circulation systems, land use, and buildings;
f.
Promote environmentally sensitive developments; and
g.
Allow development, under a specifically approved design concept and site plan.
4.
Minimum Standards Of Design. In addition to the development standards and district requirements in Article 04 of this UDC, the following performance standards are applicable to the NB District:
a.
Uses. Permitted and conditional uses for the NB District are found in Section 405.03.070 of this Article.
b.
In order to promote reasonable and orderly development within the City of Chesterfield, the following standards shall be considered by the Planning Commission and City Council in consideration for a change in zoning to a NB District. These standards are minimum requirements and may be made more restrictive in the conditions of the planned district ordinance governing the particular NB District.
(1)
Density. A maximum floor area ratio (FAR) of thirty-five hundredths (0.35) is allowed.
(2)
Height. The maximum height of any structure shall be thirty (30) feet from grade or two (2) stories, whichever is less, exclusive of mechanical equipment.
(3)
Open space. A minimum open space of forty percent (40%) is required. Open space should be integrated into the development to provide aesthetic, recreational, or other public benefit.
(4)
Hours of operation. The hours of operation, including hours open to the public and hours for the loading and unloading of deliveries, shall be established in the site-specific ordinance.
(5)
Outdoor storage or display of merchandise, materials, or equipment is prohibited.
(6)
No single building shall contain more than ten thousand (10,000) square feet of gross floor area.
(7)
Setbacks.
(a)
No structure shall be permitted within thirty (30) feet of any property line.
(b)
The minimum building setback shall be thirty-five (35) feet from any property adjoining property designated on the Comprehensive Land Use Map as being a residential district or PS District.
(c)
No parking area, internal drive, or loading space shall be permitted within twenty-five (25) feet of the front, side, and rear yard setbacks.
(d)
The minimum parking setback shall be thirty (30) feet from any property adjoining property designated on the Comprehensive Land Use Map as being a residential district or PS District.
5.
Site Design Features And Flexibility.
a.
Any design features approved under this Section shall be assured and implemented through inclusion in the planned district ordinance. This ordinance shall be approved concurrently with the change in zoning to the NB District.
b.
While these features are not mandatory for approval, they are desirable to the City of Chesterfield and may increase the flexibility of design and the ability of the developer to negotiate the mitigation of other requirements.
(1)
Incorporation of parking areas into the design of the development to minimize visual expanses of parking lots;
(2)
Placement of structures on most suitable sites with consideration of topography, soils, vegetation, slope, etc.;
(3)
Preservation of natural and cultural areas, as well as the creation of open space through active and passive recreation areas to include greenways, walking and cycling trails that serve to connect significant areas and various land uses;
(4)
Enhanced landscaping, deeper and opaque buffers, and increased planting along residential properties, public rights-of-way, open space/recreational areas, and the overall perimeter of the project;
(5)
Segregation of vehicular traffic from pedestrian/bicycle circulation networks, and other traffic mitigation measures;
(6)
Incorporation of transit-oriented development or direct access to public transportation;
(7)
Utilization of Leadership in Energy and Environmental Design (LEED) construction and development standards and the proposed LEED certification of buildings;
(8)
Public benefits and community facilities and the access thereto; and
(9)
Sensitive treatment of perimeters to mitigate impact upon adjoining property.
6.
The procedure for zoning to the NB District and site development plan approval is established in Article 02 of this UDC.
E.
PI Planned Industrial District.
1.
Purpose. The regulations of the PI District offer a method for the industrial and selected commercial development of land in the City of Chesterfield that allows flexibility in applying certain zoning standards. The requirements of this Section are designed to offset the impact of changes in development standards allowed through these provisions. The PI District regulations should have the following outcomes:
a.
Ensure consistency with the Comprehensive Plan;
b.
Promote building styles and architectural styles that complement one another, as well as the surrounding area;
c.
Promote more efficient use of land;
d.
Incorporate site features, such as topography, views, vegetation, water features, and other factors into the design so they become assets to the development;
e.
Promote the most efficient arrangement of circulation systems, land use, and buildings;
f.
Promote environmentally sensitive developments; and
g.
Allow development, under a specifically approved design concept and site plan.
2.
Scope Of Provisions. This Section contains the regulations of the PI Planned Industrial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in the UDC. Additional conditions may be established in the planned district ordinance authorizing the establishment of a PI District.
3.
Minimum Standards Of Design. In addition to the development standards and district requirements in Article 04 of this UDC, the following performance standards are applicable to the PI District:
a.
Uses. Permitted and conditional uses for the PI District are found in Section 405.03.070 of this UDC.
(1)
Requests for uses identified as adult entertainment uses must obtain approval of an adult entertainment use area as described in Article 02 and adhere to all requirements of Section 405.03.050 of this Article.
b.
In order to promote reasonable and orderly development within the City of Chesterfield, the following standards shall be considered by the Planning Commission and City Council in consideration for a change in zoning to a PI District. These standards are minimum requirements and may be made more restrictive in the conditions of the planned district ordinance governing the particular PI District.
(1)
Density. A maximum floor area Ratio (FAR) of fifty-five hundredths (0.55) is allowed.
(2)
Open space. A minimum open space of thirty-five percent (35%) is required. Open space should be integrated into the development to provide aesthetic, recreational, or other public benefit.
(3)
Hours of operation. The hours of operation, including hours open to the public and hours for the loading and unloading of deliveries, shall be established in the site-specific ordinance.
(4)
(Reserved)[1]
[1]
Editor's Note: Original Subsection (E)(3)(b)(4), which prohibited the outdoor storage or display of merchandise, materials or equipment, was repealed 9-15-2014 by § 1 of Ord. No. 2814.
(5)
Setbacks.
(a)
The minimum building setback shall be thirty-five (35) feet from any property adjoining property designated on the Comprehensive Land Use Map as being a residential district or PS District.
(b)
The minimum parking setback shall be twenty-five (25) feet from any property adjoining property designated on the Comprehensive Land Use Map as being a residential district or PS District.
4.
Site Design Features And Flexibility.
a.
Any design features approved under this Section shall be assured and implemented through inclusion in the planned district ordinance. This ordinance shall be approved concurrently with the change in zoning to the PI District.
b.
While these features are not mandatory for approval, they are desirable to the City of Chesterfield and may increase the flexibility of design and the ability of the developer to negotiate the mitigation of other requirements.
(1)
Incorporation of parking areas into the design of the development to minimize visual expanses of parking lots;
(2)
Placement of structures on most suitable sites with consideration of topography, soils, vegetation, slope, etc.;
(3)
Preservation of natural and cultural areas, as well as the creation of open space through active and passive recreation areas to include greenways, walking and cycling trails that serve to connect significant areas and various land uses;
(4)
Enhanced landscaping, deeper and opaque buffers, and increased planting along residential properties, public rights-of-way, open space/recreational areas, and the overall perimeter of the project;
(5)
Segregation of vehicular traffic from pedestrian/bicycle circulation networks, and other traffic mitigation measures;
(6)
Incorporation of transit-oriented development or direct access to public transportation;
(7)
Utilization of Leadership in Energy and Environmental Design (LEED) construction and development standards and the proposed LEED certification of buildings;
(8)
Public benefits and community facilities and the access thereto; and
(9)
Sensitive treatment of perimeters to mitigate impact upon adjoining property.
5.
The procedure for zoning to the PI District and site development plan approval is established in Article 02 of this UDC.
F.
LI Light Industrial District.
1.
Purpose. The purpose of the LI Light Industrial District is to provide for a variety of light industrial services that may be developed compatible with abutting commercial and/or industrial uses.
2.
In addition to the development standards and district requirements in Article 04 and elsewhere of this UDC, the following performance standards are applicable to the LI District:
a.
Uses. Permitted and conditional uses for the LI District are found in Section 405.03.070 of this Article. In addition the following use restrictions shall apply to this district:
(1)
No drive-through windows shall be allowed in conjunction with any of the permitted, accessory, or conditional uses.
(2)
Businesses shall only be open to the public between the hours of 7:00 A.M. and 8:00 P.M.
(3)
Loading or unloading of deliveries shall be permitted only between the hours of 7:00 A.M. and 7:00 P.M.
(4)
All principal uses shall be conducted within a fully enclosed building.
(5)
Outdoor storage or display of merchandise, materials, or equipment must be fully screened as approved by the City of Chesterfield on the site plan.
b.
Design standards.
(1)
Minimum lot area: forty-five thousand (45,000) square feet.
(2)
Minimum lot width: minimum road frontage of one hundred (100) feet or direct access by one-hundred-foot road easement, right-of-way or cross easement.
(3)
Height: thirty-five (35) feet from grade, exclusive of mechanical equipment.
(4)
Open space: thirty-five percent (35%).
(5)
Density: maximum forty hundredths (0.40) FAR
(6)
Utilities: installed underground.
(7)
Recycling: opportunity for recycling shall be provided.
c.
Minimum yard setbacks.
(1)
No building or structure, other than a freestanding project identification sign six (6) feet in height or less, light standards, flagpoles, or fences six (6) feet in height or less will be located within the following setbacks:
(2)
No parking area, internal drive, or loading space shall be permitted within the following setbacks:
3.
The procedure for zoning to the LI District and site plan approval is established in Article 02 of this UDC.
G.
MU Medical Use District.
1.
Purpose. The MU Medical Use District is designed for areas where a variety of medical developments and uses may be permitted. These district regulations and requirements are intended to facilitate the establishment of medical developments with ancillary commercial uses in locations appropriate under the terms and conditions set forth in the planned district ordinance establishing the district.
2.
Scope Of Provisions. This Section contains the regulations of the MU District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in the UDC. Additional conditions may be established in the planned district ordinance authorizing the establishment of a MU District.
3.
Minimum Standards Of Design. In addition to the development standards and district requirements in Article 04 of this UDC, the following performance standards are applicable to the MU District:
a.
Uses. Permitted land uses shall be established in the conditions of the ordinance governing the particular MU District. Uses may include those permitted and conditional uses for the MU District found in Section 405.03.070 of this Article.
b.
In order to promote reasonable and orderly development within the City of Chesterfield, the following standards shall be considered by the Planning Commission and City Council in consideration for a change in zoning to a MU District. These standards are minimum requirements and may be made more restrictive in the conditions of the planned district ordinance governing the particular MU District.
(1)
Lot area. The minimum lot area for this district is three (3) acres.
(2)
Density. A maximum floor area ratio (FAR) of fifty-five hundredths (0.55) is allowed.
(3)
Height. The total height of any structure shall not exceed eight (8) stories in height, excluding mechanical devices.
(4)
Open space. A minimum open space of thirty-five percent (35%) is required. Open space should be integrated into the development to provide aesthetic, recreational, or other public benefit.
(5)
Setbacks.
(a)
The minimum yard setback from the right-of-way for any structure, parking area, internal drive, or loading space shall be fifty (50) feet.
(b)
The minimum yard setback from any property line for any structure, parking area, internal drive or loading space shall be twenty-five (25) feet from any property adjoining property designated on the Comprehensive Land Use Map as being a residential district or PS District.
(c)
The minimum parking setback shall be 25 feet from any property adjoining property designated on the Comprehensive Land Use Map as a residential district or PS District.
4.
The procedure for zoning to the MU District and site development plan approval is established in Article 02 of this UDC.
H.
UC Urban Core District.
[Ord. No. 2830 § 1, 1-21-2015]
1.
Purpose. The UC Urban Core District is intended to provide a method for commercial or mixed commercial and residential development within the area known as the "Urban Core." The regulations for the UC District offer a method that allows flexibility in applying certain zoning standards. Such flexibility requires a review process and development plan to safeguard health, safety, and welfare concerns. In exchange for flexibility, UC Districts are required to provide exceptional design and amenities not otherwise required through traditional zoning techniques. These requirements are designed to offset the impact of changes in development standards allowed through these provisions. The UC District allows innovative designs, solves problems on difficult sites, meets market niches, encourages pedestrian access and connectivity between developments, and promotes well-designed developments. The UC District regulations should have the following outcomes:
a.
Implement the vision of the area of the City identified as the Urban Core in the Comprehensive Plan;
b.
Promote pedestrian access, connectivity and facilities between sites, between developments and to public facilities through inclusion of a variety of site and building design features, such as continuous pedestrian walkways between buildings and from parking areas, trails, bicycle paths, covered walkways between buildings, widened sidewalks at the entrance to commercial and office structures, bicycle parking and continuous walkways through parking areas to buildings within the development.
c.
Allow flexibility that is not available through standards and restrictions contained elsewhere in the Zoning Ordinance;
d.
Promote more efficient use of land;
e.
Incorporate site features, such as topography, views, vegetation, water features, and other factors into the design so they become assets to the development;
f.
Promote building styles and architectural styles that complement one another;
g.
Allow a mix of uses that is designed to negate potential conflicts that normally occur between incompatible land uses;
h.
Promote the most efficient arrangement of circulation systems, land use, and buildings;
i.
Promote environmentally sensitive developments; and
j.
Allow development, under a specifically approved design concept and site plan, which otherwise may not be permitted by the Zoning Ordinance.
2.
Scope Of Provisions. This Section contains the regulations of the UC District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in the UDC. Additional conditions may be established in the planned district ordinance authorizing the establishment of a UC District.
3.
Where the City Council determines that any particular tracts or areas should be developed for commercial use, a UC District may be established on a tract of land in single ownership or single management control, provided that:
4.
Minimum Standards Of Design. In addition to the development standards and district requirements in Article 04 of this UDC, the following performance standards are applicable to the UC District:
a.
Uses. Permitted land uses shall be established in the conditions of the ordinance governing the particular UC District. Uses may include those uses designated as permitted or conditional uses in any commercial or residential district listed in Table A-1 of Section 405.03.020(A) of this Article.
b.
In order to promote reasonable and orderly development within the City of Chesterfield, the following standards shall be considered by the Planning Commission and City Council in consideration for a change in zoning to the UC District. These standards are minimum requirements and may be made more restrictive in the conditions of the planned district ordinance governing the particular UC District.
(1)
Lot Area. The minimum lot area for this district is three (3) acres.
(2)
Density. A maximum floor area ratio (FAR) of fifty-five hundredths (0.55) is allowed.
(3)
Height. The total height of any structure shall not exceed eight (8) stories in height, excluding mechanical devices.
(4)
Open Space. A minimum open space of thirty percent (30%) is required. Open space should be integrated into the development to provide aesthetic, recreational, or other public benefit. Covered pedestrian walkways and bridges may be counted towards the open space requirement of thirty percent (30%).
5.
Site Design Features And Flexibility. Any design features approved under this Section shall be assured and implemented through inclusion in the planned district ordinance. This ordinance shall be approved concurrently with the change in zoning to the UC District.
a.
While these features are not mandatory for approval, they are desirable to the City of Chesterfield and may increase the flexibility of design and the ability of the developer to negotiate the mitigation of other requirements:
(1)
Incorporation of parking areas into the design of the development to minimize visual expanses of parking lots;
(2)
Placement of structures on most suitable sites with consideration of topography, soils, vegetation, slope, etc.;
(3)
Preservation of natural and cultural areas, as well as the creation of open space through active and passive recreation areas to include greenways, walking and cycling trails that serve to connect significant areas and various land uses;
(4)
Enhanced landscaping, deeper and opaque buffers, and increased planting along residential properties, public rights-of-way, open space/recreational areas, and the overall perimeter of the project;
(5)
Utilization of mixed use buildings;
(6)
Segregation of vehicular traffic from pedestrian/bicycle circulation networks, and other traffic mitigation measures;
(7)
Promotion of pedestrian access and connectivity throughout the development as well as between sites and developments and to public and community facilities;
(8)
Incorporation of transit oriented development or direct access to public transportation;
(9)
Utilization of Leadership in Energy and Environmental Design (LEED) construction and development standards and the proposed LEED certification of buildings;
(10)
Public benefits and community facilities and the access thereto; and
(11)
Sensitive treatment of perimeters to mitigate impact upon adjoining property.
6.
The procedure for zoning to the UC District and site development plan approval is established in Article 02 of this UDC.
I.
MXD Mixed Use District.
1.
Purpose. The MXD Mixed Use District is intended to provide a zoning classification which permits developments with a mixture of residential, commercial, industrial, cultural, and institutional uses in a single structure or multiple structures. It is the purpose of these regulations to encourage a diversification of uses in unified projects located in proximity to major roadways and intersections and through the interrelationship of uses and structures to promote innovative and energy-conscious design, efficient and effective circulation systems, a variety of housing types, and to encourage the conservation of land resources, minimization of auto travel, and the location of employment and retail centers in proximity to higher-density housing.
2.
Scope Of Provisions. This Section contains the regulations of the MXD District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in the UDC. Additional conditions may be established in the planned district ordinance authorizing the establishment of a MXD District.
3.
Minimum Standards Of Design. In addition to the development standards and district requirements in Article 04 of this UDC, the following performance standards are applicable to the MXD District:
a.
Uses. Permitted land uses shall be established in the conditions of the ordinance governing the particular MXD District. Uses may include those uses designated as permitted or conditional uses in any residential, commercial, or industrial districts listed in Table A-1 of Section 405.03.020 of this Article.
(1)
Each mixed use development district shall include a minimum of twenty percent (20%) of the total gross floor area in residential uses, twenty percent (20%) of the total gross floor area in retail commercial uses, and twenty percent (20%) of the total gross floor area in office or industrial uses. Gross floor area used for parking shall not be included in the above calculations.
(2)
Gross floor area of hotels may be used for up to fifty percent (50%) of the required floor area for residential uses. Gross floor area devoted to institutional, cultural, entertainment, or recreational uses may be used, on a one-to-one basis, to reduce the required minimum floor area of any of the three (3) main use categories up to a maximum reduction of twenty-five percent (25%).
(3)
In addition to this approach where residential development in a proposed MXD District is greater than fifty-one percent (51%) of the total gross floor area, the remainder of the development may consist of commercial uses or industrial uses or both without limitation as to percentages of gross floor area.
(4)
Uses requiring an adult entertainment area permit are not permitted.
b.
Residential density. Residential densities shall be established in the conditions of the planned district ordinance creating the MXD District, but in no event shall the density exceed sixty (60) units per acre of land in the total development, excluding land which is utilized for road right-of-way purposes, and excluding right-of-way dedication for widening existing roadways, and including land remaining within the 100-year floodplain elevation, as identified in Article 05. This density restriction, however, shall not apply to hotels.
c.
No parking areas, internal drives, loading spaces, and structures shall be permitted within ten (10) feet of a property line adjoining property in the NU Non-Urban, PS Park and Scenic, AG Agricultural or any residential district. In addition to the minimum ten (10) feet, any structure exceeding thirty (30) feet in height which adjoins property in the NU Non-Urban, PS Park and Scenic, AG Agricultural or any residential district shall be set back an additional one (1) foot for every two (2) feet in height above thirty (30) feet. Greater setbacks may be required by condition if necessary to ensure compatibility with adjoining developments or uses.
d.
A sign package is required for all developments in the MXD District.
e.
The Planning Commission may recommend, and the City Council may approve, a total reduction of not more than twenty percent (20%), or thirty percent (30%) for developments greater than five hundred thousand (500,000) square feet of gross floor area under single ownership or management control, of the required off-street parking and loading spaces, where it has been demonstrated by study of the combined uses and customary operation of the uses that adequate parking would be provided. The Planning Commission may recommend a further parking reduction beyond thirty percent (30%) for developments greater than seven hundred fifty thousand (750,000) square feet of gross floor area under single ownership or management control based upon a similar approved study as above.
f.
Other conditions, such as building height, open space, setbacks and minimum lot area, shall be established in the planned district ordinance.
(1)
Open space. A minimum common open space of thirty percent (30%) is required. Open space should be integrated into the development to provide aesthetic, recreational, or other public benefit.
4.
The procedure for zoning to the MXD District and site development plan approval is established in Article 02 of this UDC.
J.
PC&R Planned Commercial and Residential District.
1.
Purpose. The PC&R District is intended to provide development in the area of the City comprising a minimum of seventy (70) acres in size and located only in the area bounded on the east by State Route 340, on the west by Baxter Road, on the north by State Route 40/I-64, and on the south by Lydia Hill Drive/August Hill Drive. A PC&R District development is intended to create a diverse residential and commercial mixed use environment in which residential and commercial uses can be integrated pursuant to a downtown concept that encourages creative and coordinated design and architectural styles, efficient and effective pedestrian circulation, conservation of land resources, efficient and effective vehicular circulation, and where people can choose to live, work, eat, shop, enjoy cultural amenities and recreate. By definition, "downtown development" is mixed use, and usually follows one (1) of two (2) patterns (or an adaptation of both). First, as a vertical mix on a given parcel, land uses change from floor to floor within the same building. Typically, this pattern is residential above commercial (retail, professional services or office). The second pattern occurs when buildings or spaces of a single use are combined with those of other single uses. Examples are a street of residential buildings with commercial buildings occupying the corners or a commercial Main Street combined with residential side streets.
2.
Scope Of Provisions. This Section contains the regulations of the PC&R District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in the UDC. Additional conditions may be established in the planned district ordinance authorizing the establishment of a PC&R District.
3.
Where the City Council determines that any particular tracts or areas should be developed for commercial use, a PC&R District may be established on a tract of land in single ownership or single management control, provided that:
4.
Minimum Standards Of Design. In addition to the development standards and district requirements in Article 04 of this UDC, the following performance standards are applicable to the PC&R District:
a.
Uses. Permitted uses shall be established in the site-specific PC&R District ordinance governing a PC&R development and may include commercial uses permitted in the Planned Commercial (PC) District or any of the residential uses in any of the residential districts listed in Table A-1 in Section 405.03.020 of this Article.
(1)
Residential and commercial uses may be combined in the same building, combined on the same lot in separate buildings or on separate lots within a PC&R development. The permitted uses shall be combined within a PC&R development to create a downtown concept.
(2)
Uses which require an adult entertainment area permit are not permitted.
b.
Performance standards for the PC&R District are provided in the UDC for the PC (Commercial) and R (Residential) land uses. Conflicts between the commercial and residential performance standards shall be resolved in the planned district ordinance for the PC&R District, site development plan, site development concept plan, or site development section plan.
(1)
Specific performance standards may be provided in the planned district ordinance for the PC&R District or provided on the site development plan, site development concept plan, or site development section plan.
(2)
Said performance standards may supplement, modify, or alter performance standards provided elsewhere in the UDC.
(3)
Except where specifically stated otherwise in this Section, performance standards established in the planned district ordinance for the PC&R District or provided on the site development plan, site development concept plan, or site development section plan for a PC&R development shall supersede any performance standards required by any other district regulation or UDC.
5.
The procedure for zoning to the PC&R District and site development plan approval is established in Article 02 of this UDC.
K.
PUD Planned Unit District.
1.
Purpose. The purpose of the PUD District is to encourage flexibility in the density requirements and development standards of the Zoning Ordinance that will result in exceptional design, character, and quality of new homogenous and mixed-use developments; to promote the most appropriate use of land; to facilitate the provision of streets and utilities; and to preserve the natural and scenic features and open space.
2.
Scope Of Provisions. This Section contains the regulations of the PUD District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in the UDC. Additional conditions may be established in the planned district ordinance authorizing the establishment of a PUD District.
3.
General Requirements.
a.
All property that is at least four (4) contiguous acres shall be eligible for the PUD District designation.
b.
All property to be zoned PUD or an existing PUD Zoning District being amended shall be under single ownership, or if under multiple ownership, then by written consent of all owners who agree to be bound by the PUD District designation and regulations.
c.
The detailed standards set forth herein are minimum requirements, and it is the intent of this Section that the City of Chesterfield may impose conditions and safeguards in excess of, or in addition to, the specified minimal requirements. Satisfying the minimum standards set forth herein does not per se indicate that an application is entitled to a zoning change and notice is hereby given to that effect.
d.
All utilities shall be installed underground.
4.
General Considerations. The following is a list of general considerations to be reviewed by the City of Chesterfield when analyzing applications for PUD zoning:
a.
The applicant's narrative statement describing the character of and rationale for the proposed development.
b.
Land uses proposed are adopted as permitted uses within the residential zoning districts included in the City of Chesterfield Code.
c.
Proposed residential densities as they compare to current City of Chesterfield Comprehensive Plan designation, Zoning Map delineation, infrastructure capacity and the effect upon public services, and optimal usage of the land.
d.
Whether the major components of the PUD are properly located and should be able to continue to function if any of the other phases are not completed, taking into account factors such as the infrastructure guarantee procedures described within City of Chesterfield Subdivision Ordinance.[2]
[2]
Editor's Note: See Article 02, Development Review and Appeals Process.
e.
The compatibility of proposed land uses within the PUD with the surrounding land uses and the Land Use Map of the Comprehensive Plan.
f.
Effects upon public health, safety, and general welfare.
5.
Design Features. The following list includes design features suggested to be utilized by developers when applying for PUD zoning. Satisfaction of all or any of these design features is not mandatory, but the approval of PUD zoning will be predicated on the use of the below list or any other design feature deemed desirable by the City of Chesterfield. Proposed inclusion of these design features within a PUD can increase the flexibility of design standards and the ability of the developer to negotiate the mitigation of other requirements.
a.
Placement of structures on most suitable sites with consideration of maintaining existing site topography, soils, vegetation, slope, etc.;
b.
Preservation of natural and cultural areas, as well as the creation of open space through active and passive recreation areas to include greenways, landscape gardens, plazas, and walking and cycling trails that serve to connect significant areas and various land uses;
c.
Preservation of existing mature trees and trees deemed extraordinary by the City of Chesterfield Tree Specialist due to but not limited to the following: size, type, origin, grouping, or number of;
d.
Enhanced landscaping, deeper and opaque buffers, and increased planting along public rights-of-way, open space/recreational areas, and the overall perimeter to protect and ensure compatibility with adjacent land uses;
e.
Utilization of mixed-use buildings;
f.
Utilization of traditional neighborhood design (TND) techniques in the layout and spatial organization of the development;
g.
Structures designed and constructed of an architectural vernacular that exceeds the typical building design and materials within the City of Chesterfield;
h.
Segregation of vehicular traffic from pedestrian/bicycle circulation networks, and other traffic mitigation measures;
i.
Incorporation of transit-oriented development (TOD) or direct access to public transportation;
j.
Provision of affordable housing;
k.
Utilization of Leadership in Energy and Environmental Design (LEED) construction practices and development standards and the proposed LEED certification of buildings and grounds by the United States Green Building Council within the PUD; and
l.
Inclusion of community facilities and the access thereto.
6.
Uses. Permitted uses shall be established in the site-specific PUD District ordinance governing the PUD development and may include any permitted or conditional use found in any of the residential districts listed in Table A-1 in Section 405.03.020 of this Article.
7.
Minimum Design Requirements For A PUD. At a minimum, all requests for PUD zoning shall meet those general requirements as described in Subsection (K)(3) above and the following requirements:
a.
Maximum residential densities shall be determined by utilizing the following hierarchical order:
(1)
Existing zoning district maximum permitted density; and/or
(2)
Properties proposed for PUD zoning that are found to be currently zoned NU Non-Urban District shall be required to submit a petition for a change of zoning from the NU Non-Urban District to a residential zoning district. This petition shall be filed prior to that of the petition requesting PUD zoning.
b.
A provision for common open space shall be provided in the PUD at a minimum of thirty percent (30%) of the total site acreage, to be distributed throughout the PUD and not concentrated in one (1) area nor shall it contain only that portion of the proposed PUD that would be considered undevelopable due to topography or any other site-specific related matter. All common open space areas shall be shown on all preliminary plans, site development plans, site development concept plans, site development section plans, and record plats and shall be preserved and deed restricted as common open space.
c.
A PUD perimeter buffer shall be provided at a minimum of thirty (30) feet in width. The perimeter buffer shall be composed of a combination of existing trees (where applicable), trees selected from the approved tree list from the City of Chesterfield Tree Preservation and Landscape Requirements,[3] and any combination of low-lying shrubbery or other vegetation not including grassed turf.
[3]
Editor's Note: See Section 405.04.020, Tree Preservation And Landscape Requirements.
d.
The proposed project shall be consistent with the purposes and intent of the Comprehensive Plan and City of Chesterfield Code unless otherwise stipulated in the planned district ordinance.
8.
Dedication For Public Schools And Public Parks. A planned unit development may include land designated for dedication for public schools or public park use. Such land area may be considered part of the gross acreage of the development in computing the maximum number of lots that may be created or maximum dwelling units that may be approved, provided that:
a.
The area of the proposed development shall be at least thirty (30) acres in the case of a public school dedication and sixty (60) acres in the case of a public park dedication, unless otherwise authorized or required by the City of Chesterfield.
b.
The proposed school site is compatible with a generalized plan for school locations published by the school district.
c.
Prior to approval of a site development concept plan, a written agreement between the petitioner and the school district shall be submitted to the City of Chesterfield for review. This agreement shall indicate who is responsible for the installation of required improvements adjacent to or affecting the school site, and when the improvements will be installed.
d.
The proposed site is dedicated to public school or park use in a manner approved by the City Attorney as to legal form prior to recording of the site development concept plan.
e.
The site development concept plan identifies the boundaries of the dedicated tract within the development.
f.
The deed of dedication for a public park(s) or public school use shall provide that in the event the property shall no longer be used for that purpose, it will revert to the trustees of the subdivision in which it is located as common land.
9.
The procedure for zoning to the PUD District and site development plan approval is established in Article 02 of this UDC.
Section 405.03.050 Overlay Districts And Zoning Procedures.
[CC 1990 § 31-03-05; Ord. No. 2801 § 3 (Exh. A), 6-16-2014; Ord. No. 2816 § 1 (Att. A), 10-6-2014; Ord. No. 3322, 3-17-2025]
A.
FP Floodplain Overlay District.
1.
Purpose. The flood hazard areas of Chesterfield, Missouri, are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed, or otherwise protected from flood damages.
2.
This Section is therefore necessary to protect human life and health; to minimize expenditure of public money for costly flood control projects; to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; to minimize prolonged business interruptions; to minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges, located in floodplains; and to help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas.
3.
It is the purpose of this Section to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion or flood heights or velocities; to require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; to control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters; and to control filling, grading, dredging, and other development which may increase erosion or flood damage.
4.
Scope Of Provisions. This Section contains the regulations for the FP Floodplain Overlay District of Chesterfield. Property zoned FP is also zoned under another applicable district governed by this UDC. The FP Overlay District constitutes an overlay district, and the other applicable zoning district constitutes the underlying zoning.
a.
The FP Overlay District regulations and requirements herein control in the case of any conflict between the regulations contained in this Section and the regulations otherwise applicable to any property by virtue of its underlying zoning.
b.
A portion of the area within this district is designated as the floodway, as established by the maps applicable to this district. Property within the floodway is subject to those provisions of this UDC which so state.
5.
Minimum Standards Of Design. In addition to the development standards and district requirements in Article 04 and Article 05 of this UDC, the following performance standards are applicable to the FP Overlay District:
a.
Uses. Permitted and conditional uses for the FP Overlay District are found in Section 405.03.080 of this Article. In addition:
(1)
Public utility facilities, provided that any installation, other than poles and equipment attached to the poles, shall be adequately screened with landscaping, fencing or walls; or placed underground; or enclosed in such a manner as to blend with and complement the character of the surrounding area as approved by the City of Chesterfield.
(2)
Accessory uses may include, but are not limited to, devices for the generation of energy or individual sewage treatment facilities serving an individual non-residential use. Sewage treatment facilities shall not exceed a flow of five thousand (5,000) gallons per day.
b.
Lot area.
Use | Minimum Lot Area |
|---|---|
Farming | 20 acres |
Golf course | 5 acres |
All other uses | As required in the underlying zoning district |
c.
Height. The total height of any structure shall not exceed that permitted in the underlying zoning district.
d.
Yard Requirements.
(1)
No structure shall be allowed within twenty-five (25) feet of any roadway right-of-way line, except where a greater setback is required by the underlying district requirements.
(2)
No structure, sign or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.
(3)
Permitted information signs, six (6) feet or less in height, and directional signs are allowed within the minimum front yard setback.
(4)
Any structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
(5)
No residential building or structure attached thereto shall be allowed within thirty (30) feet of the limits of the 100-year floodplain.
e.
Floodway. All development or use of the floodway is prohibited involving any encroachment, including fill, new construction or material improvement of any existing structure unless certification by a registered professional engineer is provided to and approved by the Department that the development will not result in any increase in flood levels during occurrence of the base flood discharge. If and only if this Section is complied with, use or development of the floodway may be carried out subject to the restrictions of the remainder of this Section of the UDC.
6.
See Article 05, Flood Damage Prevention, of this Chapter, for additional information and regulations.
7.
District regulations and development requirements found in this UDC are minimum standards. Additional regulations and requirements may be established in the site-specific ordinance establishing the FP Overlay District.
8.
The procedure for establishing a FP Overlay District and site development plan approval is established in Article 02 of this UDC.
B.
MAA Museum and Arts Overlay District.
1.
Purpose. The purpose of this Section is to promote the general welfare, heritage, cultural education, and economic benefit of the City through the appreciation, instruction, exhibition and performance of the arts.
2.
In any zoning district, except NU Non-Urban Districts, a single parcel or geographic area may be designated as an MAA Museum and Arts area. The Planning Commission may recommend and the City Council, by ordinance, may approve designation for a specific parcel or area, provided that the area is characterized by one or more of the following delineated on a preliminary plan:
a.
A building (or part thereof) having public significance by reason of its architecture or former use or occupancy.
b.
A building (or part thereof) serving as a repository for works of art, collections of natural, scientific, or literary curiosities which are arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge.
c.
A building (or part thereof) devoted to live performances in front of a live audience.
d.
An outdoor theater.
3.
Scope Of Provisions. This Section contains the regulations of the MAA Overlay District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in the UDC. Additional conditions may be established in the district ordinance authorizing the establishment of a MAA Overlay District.
4.
Minimum Standards Of Design. In addition to the development standards and district requirements required for the site in accordance with the underlying zoning district, the following performance standards are applicable to the MAA Overlay District:
a.
Uses. Permitted and conditional uses for the MAA Overlay District are found in Section 405.03.080 of this Article. In addition:
(1)
Outdoor theaters are permitted, provided that:
(a)
The area is buffered on all sides by either a part of a principal structure or by a fence, wall or landscaping suitable to create a visual barrier or separation of space.
(b)
Outdoor theaters shall not be open for business between 12:00 Midnight and 6:00 A.M. unless otherwise specified by the conditions of the governing ordinance.
b.
Height.
(1)
For all structures: The total height of any structure shall not exceed seventy-five (75) feet (exclusive of mechanical equipment) from floor elevation at grade; however the building height may not exceed the front setback distance. For every foot over fifty (50) feet in height, up to the maximum of seventy-five (75) feet, the building must be moved back one (1) foot.
(2)
Theaters shall be allowed additional height to accommodate the fly space, which is the area above the stage in which scenery is stored. The amount of additional height permitted shall be determined at the time of site development plan review. The fly space shall not be reviewed as an independent structure, but rather as an integrated element of the overall architecture of the theater.
c.
Yard Setbacks. Minimum structure and parking setbacks shall be established in the conditions of the ordinance establishing the MAA Overlay District.
d.
Parking. Parking shall adhere to the requirements of Article 04 of this UDC.
e.
Sign Regulations. With the exceptions noted, specific sign regulations shall be established in the conditions of the ordinance governing the MAA Overlay District in accord with the provisions of the City of Chesterfield City Code.
(1)
No flashing signs shall be permitted. Illumination of signage shall be as approved by the City of Chesterfield with the site development plan.
(2)
Theaters' signage shall be as follows:
(a)
The gross area in square feet of all signs on a lot shall not exceed two (2) times the linear feet of frontage of said lot. This criterion is based on the provision that the gross surface area of all illuminated, non-flashing signs shall not exceed one (1) times the linear feet of frontage of the lot.
(b)
Marquee signage shall not project more than one (1) foot beyond the length of the building on either side. Said signage must be affixed flat to the marquee surface or be suspended within and below the outer marquee or canopy limits. No other sign shall be extended or suspended.
(c)
Awning signage shall be affixed flat, contain no illumination and shall indicate only the name and/or address of the establishment. No such sign shall extend vertically or horizontally beyond the limits of said awning.
(d)
Horizontal and vertical projection shall be as approved by the City on the preliminary plan.
(e)
No temporary signage shall be allowed in a museum and arts area except promotional decorative banners. A "promotional decorative banner" is defined as a banner which displays graphics and limited text regarding a special event. Promotional decorative banners are permitted for a maximum of six (6) months. The dimensions of promotional decorative banners shall be approved by the City. A sign permit application must be submitted prior to the erection of a promotional decorative banner.
5.
The procedure for zoning to the MAA Overlay District and site development plan approval is established in Article 02 of this UDC.
C.
WH Wild Horse Creek Road Overlay District.
1.
Purpose. The intent of the WH Wild Horse Creek Road Overlay District is to protect and maintain the scenic character of the Wild Horse Creek Road Subarea and the adjacent neighborhoods by ensuring compatibility through site design, site plan review, and the regulation of activity upon the designated sites so that the uses of the property will not adversely affect the character of the neighborhood or the general welfare of the City.
2.
Applicability. All properties located within the Wild Horse Study Subarea (also known as "the Bow Tie") are required to zone to the WH Overlay District prior to any development or redevelopment action. The properties included within this study area are as described and shown in the City of Chesterfield Comprehensive Plan and attached hereto marked as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file in the City offices.
3.
Zoning. Properties located within the Wild Horse Study Subarea may only seek a Zoning Map amendment to one of the estate district categories. As the WH Overlay District is required for all properties in this subarea, properties in the subarea do not qualify for a PUD Planned Unit Development zoning.
4.
Scope Of Provisions. This Section contains the regulations of the WH Overlay District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in the UDC and additional regulations as required in the underlying estate district zoning.
5.
Compatibility Of Residential Uses With Airport. Zoning of land near airports raises a unique set of challenges and issues to ensure that safety of both the aircraft and the general public is achieved. This includes, but is not limited to, items such as noise, lighting, and building height. The impacts of long-term noise exposure on the public's health and safety is of great importance to the City of Chesterfield. Therefore, the following airport and noise mitigation requirements shall apply to all residential development in the Wild Horse Subarea:
a.
Residential development shall not be permitted on parcels located in areas with a DNL of greater than sixty-five (65) as depicted on the Noise Disclosure Map. If a portion of a residential development is located above the sixty-five (65) DNL line, the area may be used as common ground, open space, or other such preservation area only.
b.
Comments from the Spirit of St. Louis Airport shall be required prior to approval of any zoning request and site development plan request.
c.
Provide an avigation easement or other such easement as required by the Spirit of St. Louis Airport.
d.
Sound attenuation methods through the use of site design and layout, architectural design and building materials shall be utilized and may be required in addition to other standards provided herein. This may include, but not be limited to, building height, room arrangement, window placement, building material, and orientation of residential structures.
6.
Minimum Standards Of Design. In addition to the development standards and district requirements required for the site in accordance with the underlying estate district zoning, the following performance standards are applicable to the WH Overlay District:
a.
Uses. Permitted and conditional uses for the WH Overlay District are found in Section 405.03.080 of this Article.
b.
Community amenities, such as a community center, nature preserve areas, park, lake, recreation areas, and other similar uses and amenities, are required for all residential development and shall be shown on any preliminary plan and/or site development plan.
c.
Specific design requirements are set forth in Table 1:
Table 1 | |
|---|---|
Specific Design Requirements | |
Building design | Rear and side facades shall be designed with similar detailing and be compatible with the principal facades of the building |
Internal roadway system | As development occurs in the area, an internal roadway system, complete with buffers, landscaping, pedestrian circulation, and cross access shall be required as directed by the City of Chesterfield |
Pedestrian circulation | To achieve pedestrian circulation, all development shall include sidewalks and/or trails |
Preservation of slopes and natural features | Development on slopes in excess of 20% shall be minimized to the greatest extent practicable except for necessary infrastructure and public improvements |
Protection of historic features | Future development shall minimize any impact to historic and heritage sites. Historic buildings and archeological sites shall be of utmost importance |
d.
Specific development criteria requirements are set forth in Table 2. In addition, any requests for modification to any of these requirements in Table 2 shall follow the procedure set forth below:
(1)
An applicant may submit to the Director of Planning a statement requesting modification to any criteria in Table 2. Said request shall include an explanation as to why the modification is being requested. Each modification request shall include an explanation statement.
(2)
Each modification request to criteria in Table 2 shall require a separate, super majority [two-thirds (2/3)] vote by the City Council for approval. Therefore, the preliminary plan submitted to the Planning Commission for consideration of the zoning request, shall include a note identifying the modification request that will be made to the City Council. Approval of the zoning request by the Planning Commission is conditional upon approval by the City Council.
(3)
If one (1) or more of the modification requests is denied by the City Council, the preliminary plan shall be amended so that it adheres to all criteria of Table 2 and sent back to the Planning Commission for consideration.
Table 2 | |
|---|---|
Development Criteria | |
Building height | The building height for residential structures shall not exceed 50 feet |
Structure setbacks | Structure setbacks shall be as established in the underlying zoning district |
Landscape buffering | The perimeter landscape buffer required in the underlying estate district zoning category shall not be located within any developed lot with a residential structure on it. The landscape buffer may include areas of common ground or conveyed park lands |
Protection of Wild Horse Creek Road character | To protect the scenic character of Wild Horse Creek Road, all developed lots must be set back at least 50 feet from Wild Horse Creek Road right-of-way and screened from view. In addition, when any residential structure's rear facade fronts Wild Horse Creek Road, additional landscape buffering and vegetative screening, such as landscape berms, shall be provided within a permanent landscape easement to screen the view of the structure from Wild Horse Creek Road |
Common ground | A minimum common ground of 30% shall be provided in the development. Common ground shall be deed restricted, not concentrated in one area of the development site, and not located within any developable lot. However, common ground may be concentrated in areas in a residential development which lie above the 65 DNL line. Any land conveyed for public park purposes may be counted toward the common ground requirement |
7.
Lot Size. In order to encourage minimum grading, preservation of open space and natural amenities and topography, and provide for trails, paths and other community amenities, the minimum lot sizes for developments may be reduced with the WH Overlay Zoning in accordance with Table 3 below:
Table 3 | ||
|---|---|---|
Minimum Lot Size Requirements | ||
Underlying Zoning District | Minimum Lot Size Required in Underlying Zoning District (acres) | Minimum Lot Size Permitted with WH Overlay |
E-2 | 2 | 1 acre |
E-1 | 1 | 22,000 square feet |
E-1/2 | 1/2 | 15,000 square feet |
8.
The procedure for zoning to the WH Overlay District and site development plan approval is established in Article 02 of this UDC.
D.
RBU Residential Business Use procedure.
1.
Purpose. The purpose of this Section is to provide an alternative use limited to one (1) or more service and limited commercial activities within existing single-family residential structures with driveways entering onto existing state highways of four (4) or more lanes at the time of application, which, due to certain site characteristics relative to adjacent roadways, lot size and the character of surrounding adjacent uses, may no longer be appropriate as residential dwellings.
2.
It is the intent of this procedure to protect and maintain the residential character of the City of Chesterfield and the adjacent neighborhoods by ensuring compatibility with the Comprehensive Plan, through site design, site plan review, and the regulation of activity upon the designated sites, so as to maintain the general welfare of the City and the public health and safety, as it relates to traffic, fire hazards and traffic congestion, so as the uses of the property will not adversely affect the character of the neighborhood or the general welfare of the City.
3.
Scope Of Provisions. This Section contains the regulations of the RBU procedure. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in the UDC. Additional conditions may be established in the district ordinance authorizing the establishment of a RBU.
4.
Applicable Zoning Districts And Roadway Designation. The RBU procedure may only be authorized in the R-1, R-1A, R-2, R-3, R-4 Districts and any of the estate districts, and shall only be permitted for existing single-family residential structures with driveways entering onto existing State highways of four (4) or more lanes at the time of application.
5.
Minimum Standards Of Design. In addition to the development standards and district requirements required for the site in accordance with the underlying zoning district, the following performance standards are applicable to the RBU procedure:
a.
Uses. Permitted and conditional uses for the RBU are found in Section 405.03.080 of this Article. In addition:
(1)
The residential business use is only transferable if the subsequent use is the same.
(2)
Property established as a commercial service procedure or residential business procedure that changes the use must adhere to the guidelines of the residential business use procedure.
(3)
Hours of operation for a residential business use area shall be approved by the City of Chesterfield Planning Commission.
(4)
The residential business use shall only be issued for an existing structure originally constructed for occupancy as a single-family dwelling. Said structure shall have been constructed not less than one (1) year prior to the application for the residential business use procedure.
(5)
No addition shall be permitted to any structure for which a residential business use is issued that will increase the area of office or commercial use.
b.
Lot Area. An RBU shall be permitted on stand-alone lots, not part of a platted subdivision, having a minimum lot size of two (2) acres. A minimum frontage of seventy-five (75) feet on and direct access to an existing State highway of four (4) or more lanes is required.
c.
Site Coverage. Buildings, driveways, parking and surface areas combined, shall not exceed fifty percent (50%) of the existing lot.
d.
Parking.
(1)
Maximum of six (6) parking spaces, including any spaces in a garage or covered structure area. Only two (2) of these spaces may be in front of the front building line. Required parking shall be determined by Section 405.04.040 of this UDC.
(2)
If the maximum amount of parking spaces permitted by this RBU area does not meet the minimum parking requirements of Section 405.04.040 for the proposed use, then the proposed use will be deemed to exceed the service and limited commercial activity requirement of the residential business use area and will not be eligible for this procedure.
(3)
Residential business use vehicles parked overnight shall be parked in the rear of the building.
(4)
Parking setback shall be a minimum of ten (10) feet from the side and rear property lines. Setbacks shall contain screening to consist of fencing, landscaping or topographic features as approved by the Planning Commission.
e.
Landscape Buffers.
(1)
Property adjacent to a single-family property (for side and rear yard) shall maintain a minimum landscape buffer strip of twenty (20) feet in width. Up to ten (10) feet may be satisfied by landscaping on the abutting property if provided.
(2)
Property adjacent to single-family property may request to waive this requirement when joint access is utilized.
(3)
Property adjacent to a single-family property (for front yard) and property adjacent to non-residential property shall have landscape buffers as approved by the Planning Commission on the site development plan.
f.
Signage.
(1)
One (1) business identification sign not to exceed eighteen (18) inches by twenty-four (24) inches in sign face area shall be permitted and shall be located either on the freestanding mailbox or on the structure.
(2)
Signage shall not exceed a total height of six (6) feet.
(3)
Lighting coverage shall not exceed the size of the signage, and the sign shall not be illuminated from the rear of the sign.
6.
Remodeling Of Existing Structures.
a.
Internal alterations will be permitted to accommodate the specified use. The residential business use procedure may apply to accessory buildings on the same property as the existing residential structure; however, only one (1) residential business use may be permitted on each site. The use shall also occupy no more than one (1) structure.
b.
Exterior remodeling. Exterior remodeling for appearance purposes only may be made. The appearance of the structure shall be compatible with the surrounding residential area. External remodeling and/or building additions to improve the appearance of the building, as well as architectural elevations, shall be reviewed and approved by the Planning Commission.
7.
The procedure for zoning to the RBU procedure and site development plan approval is established in Article 02 of this UDC.
E.
Landmark And Preservation Area (LPA).
1.
Purpose. The purpose of this Section is to promote the general welfare, heritage, education, and economic benefit of the City, through the preservation, protection, and regulation of buildings, sites, structures, monuments, neighborhoods and districts of historic, architectural, social, cultural or archeological significance. The intent of this Section is to encourage the rehabilitation, restoration, and adaptation of these historic elements for current use.
2.
Applicability. A single parcel or geographic area with at least one (1) of the criteria listed Section 405.02.060(B) Criteria for Consideration of Nomination.
3.
Minimum Standards Of Design. In addition to the development standards and district requirements required for the site in accordance with the underlying zoning district, the following performance standards are applicable to an LPA:
a.
Incentives.
(1)
In an effort to enhance and protect places and areas which represent important elements of the City's historical, cultural, and archeological history, the City may approve incentives, in the form of variances, in the following areas:
(2)
A request for one (1) or more of the incentives shall be made, in writing, by the petitioner. Said request shall demonstrate the need for any listed incentive and how the incentive will encourage, promote, enhance, preserve, and protect the historic significance of the site.
(3)
Requests can be made for more than one (1) incentive per site.
(4)
All requests for incentives shall be reviewed and approved by the City Council with recommendations from the Planning Commission.
(5)
All previously approved incentives shall expire upon a change in use and shall require reapplication for review and approval by the Planning Commission and City Council.
b.
Uses. Permitted uses shall be those permitted or conditional uses in the zoning district in which the property is located. Requests for permitted or conditional uses shall be reviewed and approved by the Planning Commission and City Council.
4.
Uses requiring an adult entertainment area permit shall not be permitted.
F.
Chesterfield Historic (H) Designation.
1.
Purpose. The H Chesterfield Historic Designation is intended to promote, preserve and educate the general public about Chesterfield's rich history by recognizing certain historic properties, structures or sites as having historical significance and placing them on the Chesterfield Historic Register. The City shall undertake the following actions to identify properties and sites for zoning to the H Designation.
2.
Scope Of Provisions. This Section contains the regulations of the H Designation. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in the UDC. Additional conditions may be established in the district ordinance authorizing the establishment of an H Designation.
3.
Minimum Standards Of Design. In addition to the development standards and district requirements required for the site in accordance with the zoning district for that site, the following performance standards are applicable to the H Designation:
a.
Survey and research.
(1)
The City shall undertake an ongoing survey and research effort to identify neighborhoods, areas, sites, structures, and objects that have historic, cultural, archaeological, architectural or aesthetic importance, interest or value.
(2)
Before the City shall on its own initiative nominate any landmark or property for historic designation, it shall develop a plan and schedule for conducting a comprehensive survey to identify significant resources. As part of the survey, the City shall review and evaluate any prior surveys and studies by any unit of government or private organization and compile appropriate descriptions, facts and photographs.
(3)
The City shall systematically identify potential H Designations and adopt procedures to nominate them based upon the following criteria:
(a)
The proposed H Designation in one (1) identifiable neighborhood or distinct geographical area.
(b)
The potential H Designation associated with a particular person, event or historical period.
(c)
The potential H Designation of a particular architectural style or school, or of a particular architect, engineer, builder, designer or craftsman.
(d)
The potential H Designation containing historic and prehistoric archaeological resources with the potential to contribute to the understanding of historic and prehistoric cultures.
(e)
Such other criteria as may be adopted by the City to assure systematic survey and nomination of all potential H Designations.
b.
Nominations shall be in accordance with Section 405.02.060 of this Unified Development Code (UDC).
c.
Criteria For Consideration Of Nomination is established in Section 405.02.060 of this Unified Development Code (UDC).
d.
In the case of a nominated H Designation found to meet the criteria for designation, the items required shall be in accordance with Section 405.02.060 of this Unified Development Code (UDC).
e.
Applications For Certificates Of Appropriateness shall be processed in accordance with Section 405.02.060 of this Unified Development Code (UDC).
f.
Uses. Permitted and conditional uses for any property or structure shall be those uses allowed in the zoning district for said property. Uses requiring an adult entertainment area permit shall not be permitted.
4.
The procedure for zoning to an H Designation and development plan approval is established in Article 02 of this UDC.
G.
AEA Adult Entertainment Area Procedure.
1.
Purpose. The purpose of this Section is to provide for regulation of adult entertainment establishments and businesses in order to insure that their secondary uses will not contribute to the blighting of surrounding areas and to insure stability of said areas.
2.
Scope Of Provisions. Adult entertainment uses and establishments may only be established in a PC or PI District with approval of an AEA adult entertainment area. See Section 405.02.040 of this UDC for information pertaining to the development review process.
3.
The regulations herein have three (3) major intentions:
a.
To provide for the confinement of adult entertainment establishments and businesses to those areas in the City in which the special impacts mentioned are judged to be least disruptive to the use and enjoyment of adjacent properties.
b.
To require that adult entertainment establishments and businesses shall not be permitted to locate in such concentration that their operation may establish the dominant character for the areas where they are located.
c.
To protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of properties.
4.
In addition to all other requirements applicable to the PC and PI districts, the following requirements apply to any use in an adult entertainment area:
a.
Permitted uses shall be established in the permit for the adult entertainment area and are found in Section 405.03.070 of this Article.
b.
Performance standards and other development requirements may be made more restrictive with the ordinance which establishes the AEA procedure.
c.
No adult use or adult establishment shall be permitted within one thousand two hundred (1,200) feet of a school, religious institution, residential use, child-care use, park or municipal boundary.
d.
No expansion or location of an adult use or adult establishment shall be permitted within one thousand (1,000) feet of any other adult use or adult establishment which serves alcohol.
f.
No minimum lot area shall be required for this district. However, the property on which such use is located shall have a minimum of one hundred (100) feet of frontage on a public right-of-way.
g.
Sign Regulations. The facility in which such a use is located shall be limited to one (1) wall-mounted sign in accordance with Article 04; said sign shall not flash, blink or move by mechanical means and shall not extend above the roofline of the building. Said sign shall not exceed eight (8) feet in height from ground level. Further, no merchandise, symbol, or pictures of products or entertainment on the premises shall be displayed in window areas or on any sign or any area where such merchandise or pictures can be viewed from the exterior of the building. No flashing lights and/or lighting which leaves the impression of motion or movement shall be permitted. No temporary signs shall be allowed.
h.
The facility in which the use is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian, sidewalk, walkway, street or other public area. No adult entertainment activity shall take place partially or totally outside the adult entertainment establishment.
i.
Adult use and adult use establishments shall adhere to all sign regulations as described in Article 04 of this UDC. Said uses and establishments shall be permitted one (1) attached wall sign, no more than eight (8) feet in height from ground elevation. Roof top signs, window signs, temporary signs, symbols, and displays are prohibited.
5.
The procedure for zoning to the AEA procedure and site development plan approval is established in Article 02 of this UDC.
Section 405.03.060 Use Table For Residential Districts.
[CC 1990 § 31-03-06]
The Use Table for Residential Districts is included as an attachment to this Chapter.
Section 405.03.070 Use Table For Non-Residential Districts.
[CC 1990 § 31-03-07]
The Use Table for Non-Residential Districts is included as an attachment to this Chapter.
Section 405.03.080 Use Table For Overlays And Special Procedures.
[CC 1990 § 31-03-08]
The Use Table for Overlays and Special Procedures is included as an attachment to this Chapter.