Clayton City Zoning Code
ARTICLE XX
"C-2" General Commercial District
Section 405.2990 Purpose Statement
[Ord. No. 5814 §1(22.1), 4-27-2004]
The "C-2" General Commercial District (hereinafter known in this Article as the "C-2" District) is designed to accommodate a variety of general commercial activities outside the Central Business District. The "C-2" Commercial District restricts the effects of intensification thereby maintaining the quality of life in established neighborhoods.
Section 405.3000 Permitted Uses
[Ord. No. 5814 §1(22.2), 4-27-2004]
A.
The uses permitted by right and by conditional use permit are listed in the Table of Permitted Uses found at the end of this Article. If a "P" (permitted by right) or a "C" (permitted by conditional use permit) is not indicated for a use in this table or a use is not included on the table, it is prohibited.
B.
For properties within the "C-2" Commercial District fronting on the north side of Maryland Avenue between Brentwood Boulevard and Meramec Avenue, all ground floor uses must be retail, personal care services, dry cleaning facilities, food and beverage service uses, consumer service offices (limited to financial institutions including banks, savings and loans and credit unions, real estate offices and travel agencies) or governmental offices. Additionally, such buildings and uses must incorporate street front windows creating interest at the street level. Furthermore, buildings should be sited in a manner so as to achieve a pedestrian friendly appearance and feel.
Section 405.3010 Maximum Building Height
[Ord. No. 5814 §1(22.3), 4-27-2004; Ord. No. 6022 §1(Att. B), 7-8-2008]
A.
The maximum building height in the "C-2" District is seven (7) stories or ninety (90) feet, whichever is less, with the exception of the following:
1.
For the area fronting the north side of Maryland Avenue from Meramec Avenue on the east to Brentwood Boulevard on the west and for properties fronting Clayton Road from Big Bend Boulevard to the eastern City limits, the maximum allowable height is five (5) stories or sixty-five (65) feet, whichever is less.
2.
The maximum building height within the "C-2" Commercial District may be modified subject to the provisions and requirements of the planned unit development process outlined in Article X or the special development district process outlined in Article IX of this Chapter; except for those properties fronting along Clayton Road from Big Bend Boulevard to the eastern City limits.
Section 405.3020 Maximum Floor Area
[Ord. No. 5814 §1(22.4), 4-27-2004; Ord. No. 6022 §1(Att. B), 7-8-2008]
Section 405.3030 Stepback Requirements
[Ord. No. 5814 §1(22.5), 4-27-2004; Ord. No. 6022 §1(Att. B), 7-8-2008]
For buildings permitted to exceed the maximum height through the planned unit development or special development district procedures, a fifteen (15) foot stepback (upper story building setback) shall be provided beginning at the third (3rd) story level or thirty (30) feet above grade, whichever is less. However, the Plan Commission shall have the authority to require a different stepback(s) for buildings dependent upon building height, lot size and other relevant factors. Stepbacks shall be proportional to the amount of building height. The upper story stepback shall be provided along all building elevations with street frontage, excluding alleys.
Section 405.3040 Setback Requirements
[Ord. No. 5814 §1(22.6), 4-27-2004]
A.
The following are setback requirements for a principal building in the "C-2" District and modifications to those requirements when certain conditions exist.
1.
Front yard setbacks. The required setback in a "C-2" Commercial District is to maintain the average of existing structures along the street frontage. The following uses are permitted under the following conditions:
a.
For the area fronting on the north side of Forsyth Boulevard between the easternmost City limits and Lee Avenue, surface parking lots and parking structures with parking at ground level are not permitted along the street frontage.
b.
Restaurants may offer customer seating and food service only as authorized by the City Plan Commission and upon receipt or renewal of the annual outdoor dining permit.
c.
Where lots have double frontages, or are corner lots, the required front yard setback provisions shall be provided on all streets.
d.
Pumps and pump islands for retail gasoline service stations may project or be located in the required front yard, provided they are at least fifteen (15) feet from any street line and at least fifty (50) feet from the boundary of a residential district.
e.
Basements/cellars and parking facilities which are completely underground may encroach into the required front yard setback, but may not transverse the property line.
2.
Rear yard. The required setback in a "C-2" District is a minimum of ten (10) feet from the rear property line to the closest rear wall of the principal structure or ten percent (10%) of the lot depth (measured from the front to the rear property line), whichever is greater. Modifications to the required rear yard setback are permitted under the following conditions:
a.
For the area fronting Forsyth Boulevard from the eastern City limits to Lee Avenue on the west, a minimum fifteen (15) foot rear yard setback shall be required.
b.
For the area fronting Maryland Avenue, a minimum fifteen (15) foot rear yard setback is required.
c.
Open, uncovered porches, patios and above ground decks may project not more than twelve (12) feet into a required rear yard, provided the floor level of any such structure is at or below the level of the first (1st) floor of the building. Balconies may project into the required rear yard a maximum distance of five (5) feet.
d.
Where a corner lot exists and thereby two (2) front yards, the property line opposite to the front yard line with the greater street frontage shall be considered the side yard and the property line opposite to the front yard line with the lesser street frontage shall be considered the rear yard.
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e.
One (1) or more accessory buildings may be located in the rear yard. However, the combined footprint may not occupy more than thirty-five percent (35%) of the required rear yard area and no accessory building shall be closer than ten (10) feet to the principal building nor closer than five (5) feet to any rear property line. Additionally, accessory buildings may not exceed twenty (20) feet in height.
f.
Outside stairways, deck stairs, tower balconies and fire escapes may project up to four (4) feet into the required rear yard setback.
g.
Roof eaves may project no more than three (3) feet beyond the face of the wall.
h.
Window sills, bay windows, belt courses and similar architectural features, as well as rain leaders and chimneys, may project no more than two (2) feet beyond the face of the wall.
i.
Basements/cellars and parking facilities which are completely underground may encroach into the required rear yard setback, but may not transverse the property line.
3.
Side yard setbacks.
a.
There are no minimum or maximum side yard setbacks provisions in this district except where a lot abuts a dwelling district, a side yard of at least five (5) feet shall be provided.
b.
Basements/cellars and parking facilities which are completely underground may encroach into the required side yard setback, but may not transverse the property line.
Section 405.3050 General Non-Conformance With The Setback Provisions
[Ord. No. 5814 §1(22.7), 4-27-2004]
Those parts of existing building that violate yard regulations may be repaired and remodeled but not reconstructed or structurally altered.
Section 405.3060 Site Plan Review
[Ord. No. 5814 §1(22.8), 4-27-2004]
A.
Site plan review, pursuant to the procedures and standards outlined in Article VIII, is required for any development or redevelopment proposal over ten thousand (10,000) square feet in gross floor area. In addition to the site plan review requirement for development or redevelopment throughout the "C-2" District, there are specific factors to be considered by the Plan Commission for certain geographic locations within the "C-2" District. These provisions are as follows:
1.
For the area fronting the north side of Forsyth Boulevard from the east City limits to Lee Avenue on the west:
a.
The architectural style of a proposed development must incorporate a Central Business District "entryway" design concept and greenspace provisions should reinforce that concept.
b.
No new surface parking shall be permitted on properties abutting Forsyth Boulevard, unless surface parking is already in existence at the proposed site.
2.
For the area abutting Maryland Avenue on the north, Brentwood Boulevard from Meramec Avenue on the east to Brentwood Boulevard on the west:
a.
Redevelopment should be compatible with surrounding neighborhoods and traffic circulation and parking should minimize adverse impact on the surrounding area.
b.
Redevelopment, particularly at the corner of Brentwood Boulevard and Maryland Avenue, should provide adequate buffers from neighboring residences and a pedestrian way that establishes a link between the retail shops to the west of the retail/mixed use core area as defined in the Master Plan.
c.
Any building constructed at the corner of Brentwood Boulevard and Maryland Avenue should be placed at the front of the site in order to produce an urban streetfront appearance.
B.
In applying these guidelines, the Plan Commission shall have the discretion to consider alternatives and modifications if their strict application will result in unusual practical difficulties or particular hardship or if the Plan Commission determines that such alternatives or modifications to these guidelines will serve the best interests of the City.
Section 405.3070 Planned Unit Development
[Ord. No. 5814 §1(22.9), 4-27-2004; Ord. No. 6025 §1, 8-12-2008]
A.
A development proposal shall be eligible for consideration under the planned unit development option per the provisions of Article X when the development incorporates two (2) of the following four (4) categories of use:
B.
Limitation. No change, alteration, modification or waiver authorized by Article X shall authorize a change in the uses permitted in any district or a modification with respect to any zoning district standard made specifically applicable to planned unit developments, unless such district regulations expressly authorize such a change, alteration, modification or waiver.
Section 405.3080 Special Planned Unit Development Areas
[Ord. No. 5814 §1(22.10), 4-27-2004]
For the area fronting both the north and south sides of Forsyth Boulevard from Lee Avenue on the east to Hanley Road on the west and on Hanley Road from the alley on the south to Forsyth Boulevard on the north, planned unit development review and approval is required for all new construction and major renovation.
Section 405.3090 Off-Street Parking and Loading Requirements
[Ord. No. 5814 §1(22.11), 4-27-2004]
Every principal commercial structure must provide off-street parking in accordance with Article XXV of this Chapter.
Section 405.3100 Resubdivision of Lots
[Ord. No. 5814 §1(22.12), 4-27-2004]
No existing lot of record within the "C-2" District shall be resubdivided unless the resubdivided lots are in conformance with all applicable regulations and are consistent with the lots located in the immediate area with regard to size, frontage and arrangement so as to provide an orderly pattern of development. No flag lot(s) shall be created as a result of a resubdivision.
Section 405.3110 Compliance With Other Plans or Regulations
[Ord. No. 5814 §1(22.13), 4-27-2004]
Any development proposed within the "C-2" Zoning District shall be reviewed for compliance with other plans and/or regulations of the City of Clayton. Compliance with other plans and/or regulations shall include, but not be limited to, the master plan, overlay district regulations, urban design district regulations, any other land use plan or relevant standards and guidelines to the specific site which have been accepted or adopted by the Board of Aldermen.
Section 405.3120 Permitted Uses For The "C-2" Commercial District
[Ord. No. 5814 §1(22.14), 4-27-2004; Ord. No. 6010 §3, 1-22-2008; Ord. No. 6159 §2, 9-13-2011; Ord. No. 6191 §4, 2-28-2012; Ord. No. 6289 §1, 9-24-2013; Ord. No. 6333 §1, 8-26-2014; Ord. No. 6527, 3-13-2018; Ord. No. 6597, 6-11-2019; Ord. No. 6822, 3-28-2023]
PERMITTED USES FOR THE "C-2" ZONING DISTRICT | "C-2" |
|---|---|
Accessory uses and buildings incidental to permitted uses. | P |
Amateur radio, home antennas and associated equipment (subject to Article XXVI). | P |
Art gallery or studio. | P |
Bakeries limited to the processing of bakery goods for sale only on the premises and consumption off the premises. | P |
Banks, savings and loans, credit unions and other financial institutions. | P |
Commercial antennas (subject to Article XXVI). | P |
P | |
Medical or dental clinic. | P |
Messenger and telephone exchange building. | P |
Offices — Business or professional. | P |
Package liquor store. | C |
Parking lots and multi-level parking structures. | P |
Personal care services. | P |
Pharmacies. | P |
Place of religious worship. | P |
Recreation building or structure or grounds. | P |
Retail establishments. | P |
Academy (including dancing, painting, theater, karate and similar disciplines). | C |
Automobile agencies. | C |
Banquet facilities. | C |
Car wash establishments. | C |
Catering establishment. | C |
Church spires, belfries, monuments, ornamental towers and spires and chimneys exceeding the maximum height in the zoning district may be erected to such height authorized by the Board of Aldermen of the City by conditional use permit or general ordinance. | C |
Day care, nursery, pre-kindergarten, play and special schools and kindergarten. | C |
Drive-through establishments for financial institutions. | C |
Drive-through establishments for pharmacies, subject to the Rules, Standards, Guidelines and Mandatory Design Criteria for Drive-through Facilities. | C |
Facilities (subject to Article XXVII) | P |
Funeral homes, mortuaries and undertaking establishments. | C |
Gasoline and oil service stations. | C |
Grocery stores. | C |
Health clubs. | C |
Hotel. | C |
Institution — Public buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding 110 feet if the building is set back from each yard line at least 1 foot for each foot of additional building height above the height limit otherwise permitted in the district in which the building is built. | C |
Lodge hall or club. | C |
Marijuana dispensary facility (subject to the performance standards set forth in Section 405.350). | C |
Marijuana testing facility (subject to the performance standards set forth in Section 405.350). | C |
Microbreweries. | C |
Mixed use buildings including the use of a portion of the building for residential occupancy providing that each residential unit contain a floor area no less than 750 square feet. | C |
Nursing and convalescent home. | C |
Public buildings erected or used by any department of the City, County, State or Federal Government. Public buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding 110 feet if the building is set back from each yard line at least 1 foot for each foot of additional building height above the height limit otherwise permitted in the district in which the building is built. | C |
Public interest signs. | C |
Restaurants, including carry-out, self-seating, full-service, and wine bars (subject to the cumulative numeric limitation on wine bars found in Section 600.035 of this Code of Ordinances), and prepared food dispensing uses. | C |
Schools for business, professional and technical training, but not including outdoor areas for driving or heavy equipment training. | C |
Solar energy systems, building-mounted (subject to the provisions of Article XXVIII) | P |
Solar energy systems, ground-mounted (subject to the provisions of Article XXVIII) | C |
Theaters, both live performance and movies. | C |
Utility, utility station or substation. | C |
Veterinary Hospital/Clinic | C |
Wind energy systems, building-mounted (subject to the provisions of Article XXVIII) | C |
P = Permitted by right C = Permitted with conditional use permit Note: Uses not appearing in this table are prohibited. | |