Clayton City Zoning Code
ARTICLE VIII
Site Plan Review
Section 405.990 Purpose Statement
[Ord. No. 5814 §1(10.1), 4-27-2004]
A.
In order to maintain the high quality of Clayton's residential neighborhoods and commercial districts and assure the compatibility of new development, a site plan review process is hereby established. A site plan is an accurate, legible drawing which is drawn to scale and clearly depicts the dimensions and angles of the lot boundary lines, landscaping, contours, drainage flow, location of trash and HVAC units, impervious coverage and any existing and proposed improvements to the property.
B.
The purpose of the site plan review process is to provide for a review of:
1.
A project's compatibility with its environment and with other land uses and buildings existing in the surrounding area.
2.
The quantity, quality, utility, size and type of a project's required open space and proposed landscaping improvements.
3.
The ability of a project's traffic circulation system to provide for the convenient and safe internal and external movement of vehicles and pedestrians.
4.
The type and location of parking provisions.
5.
The quantity, quality, utility and type of a project's required facilities, where applicable.
6.
The location and screening of a project's air-conditioning units and other associated equipment.
7.
The location, adequacy and screening for trash.
8.
The location and adequacy of a project's provision for drainage and utilities.
9.
The promotion of public safety and benefit to the general welfare, as evidence that the project is in compliance with good planning practices and principles.
10.
A project's impact will not overtax public utilities, services or other municipal facilities.
Section 405.1000 Requirements
[Ord. No. 5814 §1(10.2), 4-27-2004; Ord. No. 6191 §5, 2-28-2012; Ord. No. 6802, 1-24-2023]
A.
The requirements of this Section shall apply to the review of all site plans meeting the following parameters:
1.
Principal Uses — Residential. Site plan review will be required for all new residential construction within all residential zoning districts. Site plan review is also required for large residential additions within residential zoning districts, where the total square footage of the proposed addition is fifty percent (50%) or greater than the total square footage of the existing principal structure. Site plan review may also be required for conditional use permits and other residential additions within residential zoning districts when, in the judgment of the Director of Planning and Development Services, the location of the property and/or character of the proposed conditional use or addition are such that site plan review would be advisable.
2.
Principal Uses — Commercial. Site plan review approval shall be required as a condition to receiving a building permit involving new construction or substantial renovation to buildings or structures over ten thousand (10,000) square feet for all principal uses permitted by right in all commercial zoning districts located in the City of Clayton. Site plan review may also be required for conditional use permits and other commercial additions within commercial zoning districts when, in the judgment of the Director of Planning and Development Services, the location of the property and/or character of the proposed conditional use or addition are such that site plan review would be advisable.
3.
Accessory Structures. Site plan review may be required, at the discretion of the Director of Planning and Development Services, for all (commercial and residential) accessory structures whenever such structures exceed twenty-five percent (25%) of the total square footage of the existing principal structure. Additionally, site plan review may be required, at the discretion of the Director of Planning and Development Services, for residential accessory structures, whenever such structures exceed six hundred (600) square feet in size and/or exceed fifteen (15) feet in height. Site plan review is required for all ground-mounted wind energy renewable energy systems pursuant to Article XXVIII; however, such systems may be reviewed in conjunction with the review of principal structures.
4.
Accessory Uses. Site plan review may be required, at the discretion of the Director of Planning and Development Services, for accessory uses, such as accessory dwelling units, whenever such uses occur within a detached accessory structure.
5.
Additional Parking. Where a change of use, an increase in density or additional parking is added to an existing structure, a site plan and landscape plan shall be submitted for review to ensure that the change of use, increase in density or additional parking can be accomplished within the purpose and intent of this Chapter.
6.
Excessive Grading. Site plan review may be required, at the discretion of the Director of Planning and Development Services, for any projects involving massive grading or excessive changes in existing topography, whenever such grading requires review by the St. Louis Metropolitan Sewer District.
Section 405.1010 Application and Plan Requirements
[Ord. No. 5814 §1(10.3), 4-27-2004; Ord. No. 6067 §1, 4-14-2009]
A.
Thirteen (13) copies of a site plan, drawn to a minimum scale of one (1) inch equals twenty (20) feet (1 inch = 20 feet) or such other scale as the Director of Planning and Development Services shall deem appropriate and prepared, stamped and endorsed by a qualified architect, landscape architect, planner or engineer, shall be submitted with every application for site plan approval. At the time that an application is filed, the applicant shall pay a fee as required by the fee schedule approved by the Board of Aldermen. The fee shall be paid to the City of Clayton to the credit of the General Revenue Fund of the City. For a site plan to be accepted for review, the following information shall be either placed on the site plan or on a separate sheet accompanying the plan as appropriate:
1.
Name, address and telephone number of the person or firm submitting the plan and the person or firm to whom the review comments should be forwarded.
2.
The current owner's name, name of all owners under contract, address and telephone number, if different than the applicant, and the owner's signed consent to the filing of the application.
3.
The street address and legal description of the subject property.
4.
Zoning district, subdivision name, lot number, dimensions, area and zoning of adjacent parcels where different than site.
5.
A vicinity map with north point, scale and date, indicating the zoning classifications and current uses of properties within two hundred fifty (250) feet of the subject property or as deemed necessary by City staff or other agency.
6.
The proposed title of the project and the names, addresses and telephone numbers of the architect, landscape architect, planner or engineer on the project and a signature panel for approval by the Plan Commission.
7.
The boundaries of the subject property, all existing property lines, setback lines, existing streets, buildings, watercourses, water ways or lakes, wetlands and other existing physical features in or adjoining the project.
8.
Location and identification of all easements (existing and proposed).
9.
Dimensions of existing and proposed roadway pavements, sidewalks and right-of-way width for streets abutting the site.
10.
The location and size of sanitary and storm sewers, water, gas, telephone, electric and other utility lines, culverts and other underground structures in or affecting the project, including existing and proposed facilities and easements for these facilities. The natural drainage pattern of the site shall also be described in the site plan. In the case of City-owned utilities, such information shall be provided to the applicant by the Public Works Department.
11.
Existing and proposed contour lines or elevations based on mean sea level data, unless otherwise waived by the Department of Planning and Development Services. The topographic survey shall depict the elevation of streets, alleys, buildings, structures, watercourses and their names. The topography shall be shown by adequate spot elevations.
a.
Significant topographical or physical features of the site, including any existing or proposed water features.
b.
The elevation of the curb (if existing or proposed) in front of each lot shall be indicated.
c.
Elevations of the top of bank and toe of slope, slope ratio of fill and limits of fill, including access, shall be indicated.
d.
The proposed nature and manner of grading of the site, including proposed treatment of slopes in excess of ten percent (10%) to prevent soil erosion and excessive runoff.
12.
Type, location, height and degree of brightness of all exterior lighting.
13.
Overall dimensions of all structures and the gross floor plans of each floor within the proposed building.
14.
A separate landscape plan prepared in accordance with Article XXX: Trees and Landscaping Regulations.
[Ord. No. 6430 §1, 6-14-2016]
15.
Location and screening of trash containers and HVAC units to meet ARB guidelines.
16.
The location, height, type and material of all fences and walls.
17.
The materials, architectural style and distance from adjacent property lines of all proposed structures.
18.
The location of all proposed buildings and structures, accessory and principal, and a tabulation of the total number of stories and height, number of dwelling units and type and the overall project density in dwelling units per gross acre, where applicable.
19.
The location, dimensions and a tabulation of the total square footage in the project and the percentage and square footage thereof proposed to be allocated to any commercial uses, recreation areas, off-street parking, open spaces, parks, other required amenities and improvements, where applicable.
20.
Parking and loading facilities, required and proposed, including the number, size and location, including those facilities for the handicapped, as specified in the Building Code adopted by the City, as amended and as in force at the time of approval of the site plan.
21.
Each site plan shall bear the seal, signed and dated, of the licensed entity who prepared the drawing or under whose immediate personal supervision the site plan has been prepared. Revised plans and amended or modified approved plans shall also be so authenticated by the licensed entity who prepared the revision, amendment or modification to the drawing or under whose immediate personal supervision the site plan has been revised, amended or modified.
22.
Where necessary to meet the purposes and intent of this Chapter, such information shall be provided for the site itself and for an area within fifty (50) feet, or as required, of any property line of the site; except, that additional area may be required to be shown to indicate connections or proposed connections to major utilities.
23.
The location, character, size, height and orientation of proposed signs, as proposed to be erected in accordance with the sign ordinance of the City of Clayton, and elevations of buildings showing signs to be placed on exterior walls. Signs which are approved in accordance with this Article shall be considered a part of the approved site plan. Thereafter, signs shall not be erected, painted, constructed, structurally altered, hung, rehung or replaced except in conformity with the approved site plan. Any changes in signs from the approved site plan (except for changes in sign copy to reflect a change in tenancy) or any additions to the number of signs as shown on the site plan shall be allowed only after approval of an amendment of the site plan by the Plan Commission.
24.
Additional information to be included in the site plan may be requested based on a joint review of the plans by authorized department representatives of the City of Clayton, when such information is required to assist in the assessment of the proposed site plan and its impact on adjacent properties.
25.
Other professional or technical studies or reports as may be required by the Director of Planning and Development Services to clearly understand the project. The applicant shall be responsible for any costs and/or expenses incurred as a result of engaging such outside professional assistance.
Section 405.1020 Scope of Modifications Authorized
[Ord. No. 5814 §1(10.4), 4-27-2004]
A.
The authority of the Plan Commission through the site plan review process to require modification of a proposed site development shall have a principal emphasis on conformity with good planning practices and compatibility with the existing built and natural environment including, but not limited to, the following:
1.
Traffic and parking.
a.
Minimizing dangerous traffic movements.
b.
Promoting the smooth and efficient flow of traffic in accordance with standards in the current Institute of Traffic Engineers' Transportation and Traffic Engineering Handbook and other credible professional authorities.
c.
Optimizing the efficient use of parking facilities through provisions for adequate interior circulation, parking stalls and travel aisles.
d.
Providing driveway and garage entrances that are compatible and efficient with the structure and surrounding neighborhood.
2.
Site layout.
a.
Promoting compatibility with adjacent and nearby properties.
b.
Preserving and protecting valuable natural features and amenities to the greatest extent practical.
c.
Facilitating the collection of refuse by placing trash enclosures/alcoves in easily accessible locations and in accordance with the Architectural Review Board guidelines.
d.
Promoting neighborhood aesthetics by placing air-conditioning units and other associated equipment away from public view and screening.
e.
Promoting a pedestrian oriented environment, within scale of the existing surroundings, under applicable district standards.
f.
Promoting the efficient provision of public services and utilizing available public utilities.
g.
Promoting development which respects and protects the general welfare and public safety of our community.
4.
Landscaping.
a.
Promoting the use of plant material compatible with the climate of the region and specific conditions on the site.
b.
Promoting the use of plant material compatible and complementary to the surrounding neighborhood and as deemed appropriate by the City staff, Plan Commission and outside professionals contracted by the City.
c.
Replacing those trees to be removed with comparable or better species.
d.
Promoting tree replacement on site.
e.
Promoting tree replacement to equal or exceed the caliper inches or tree canopy coverage lost due to the project.
[Ord. No. 6430 §1, 6-14-2016]
f.
Ensuring that plant material can be maintained for long-term health and continued growth.
g.
Ensuring that the arrangement of required landscaping produces the optimal visual effect.
5.
Signage (where applicable).
a.
Ensuring that all signage complies with all provisions of the sign ordinance.
b.
Ensuring that the location, size and orientation of signage does not impair visibility or distract motorists.
c.
Ensuring that the location, size and orientation of signage minimize obstructions and hazards to pedestrians.
d.
Ensuring that signage contributes to the special ambiance, quality of life and general welfare of the community.
7.
General conformance. The site plan review process shall also ensure that proposed site development conforms to all applicable requirements of this Chapter and other ordinances and regulations.
Section 405.1030 Specific Requirements
[Ord. No. 5814 §1(10.5), 4-27-2004]
A.
Driveways, Sidewalks, Curbs And Gutters. The site plan must state that all driveways, sidewalks, curbs and gutters are to be installed in accordance with the standards prescribed by the Public Works Department.
B.
Lighting. All developments shall provide adequate lighting so as to assure safety and security. Lighting installations shall not have an adverse impact on traffic safety or on the surrounding area. Light sources shall be shielded and there shall be no spillover onto adjacent properties. The site plan must reflect compliance with this requirement.
C.
Stormwater Drainage. Provisions for storm surface drainage shall be in accordance with the design standards of the Public Works Department indicating location, size, types and grades of sewers, drainage structures, ditches and connection to existing drainage system. Stormwater drainage shall be connected to a storm sewer whenever one is available as determined by the City. Disposal of storm or natural waters both on and off the site shall be provided in such a manner as not to have a detrimental effect on the property of others or the public right-of-way and in keeping with the above standards. The site plan must reflect compliance with this requirement.
D.
Utilities. Provision of hookups to public utilities shall be the responsibility of the applicant and connections shall be installed in accordance with the standards of the Public Works Department. All connections shall be shown on the site plan.
E.
Public Safety. The Public Works Department shall be invited to review all site plans for treatment of bulk trash disposal and other environmental health matters. The Fire Department shall review all site plans to determine adequacy of access and other aspects of public safety.
F.
Site Specific Recommendations In The City Master Plan. If any City Master Plan contains recommendations that are specific to the area defined by the site plan, the Plan Commission shall review the site plan to determine its consistency with all applicable recommendations.
G.
Landscaping. The applicant is required to submit a separate landscape plan in accordance with Article XXX: Trees and Landscaping Regulations.
[Ord. No. 6430 §1, 6-14-2016]
H.
Waiver Of Site Plan Review Submittal Requirements. The Director of Planning and Development Services may waive any of the submittal requirements defined in Subsections of this Section 405.1030 upon making a determination that such requirements are unnecessary due to the scope and nature of the proposed development.
Section 405.1040 Procedures For Site Plan Review
[Ord. No. 5814 §1(10.6), 4-27-2004]
A.
Pre-Application Conference. Before filing an application for approval of a site plan, the applicant may, at its election, confer with the Director of Planning and Development Services and representatives of any other City departments regarding his/her potential proposal. Such action does not require formal application fees or filing of a site development plan or landscape plan and is not to be construed as an application for formal approval and shall not be in lieu of the same. Comments made by staff during such conferences shall not constitute representations or warranties with respect to any matter discussed and shall not be binding upon staff members or members of the Plan Commission, Architectural Review Board or Board of Aldermen.
B.
Fees. Every site plan submitted for review shall be accompanied by processing fee. The applicant shall pay a fee as required by the fee schedule approved by the Board of Aldermen. The fee shall be paid the City of Clayton to the credit of the General Revenue Fund of the City.
C.
Review By City Staff.
1.
Upon receipt by the Director of Planning and Development Services or his/her designee of a complete site plan in compliance with the site plan requirements stated in Sections 405.1010 through 405.1030, the plan shall be reviewed at the next regularly scheduled site plan review meeting. At such meeting, joint review of the plans by the departments listed below shall occur. Such meetings shall be held regularly at a time agreed upon by the departments concerned. Within seven (7) calendar days of the meeting date, a letter shall be forwarded to the person or firm submitting the plan stating the comments of the reviewing departments. Sixty (60) days from the date on the comment letter, revised plans addressing the listed comments and concerns must be submitted for further review. If revised plans are not submitted within the said time limit, review of the site plan will be suspended. If there are no comments, then within seven (7) calendar days of the meeting, a letter shall be forwarded to the person or firm submitting the plan requesting that plans be submitted as per Section 405.1010 above, which can then be forwarded to the Plan Commission.
2.
Site plans may be reviewed for completeness by one (1) or more of the following departments: Public Works, Planning and Development Services and Clayton Fire in accordance with the following:
a.
Department of Public Works review.
(1)
The Department of Public Works shall review and approve the right-of-way, pavement required, curb cuts and other design features to abutting public streets or private or new streets (other than multiple-family access drives within the development connecting the development with a major street or streets).
(2)
Plans shall be reviewed and approved for conceptual compliance with the various codes and ordinances relating to grading, drainage, silt control, storm sewer services, floodplain (as it affects the development), topographical changes and other applicable requirements.
(3)
At such times as a development is proposed adjacent to a public right-of-way and that development imposes an additional burden on the said public right-of-way due to an increase in vehicular and/or pedestrian traffic, then the proponent shall be required to improve that portion of the said public right-of-way adjacent to the development in accordance with the City of Clayton, Department of Public Works standards or cause the same to be done. Additionally, the proponent may be required to improve any portion of the said public right-of-way not immediately adjacent to the development, which the Director of Public Works deems to have been negatively impacted as a result of the development in accordance with the City of Clayton Department of Public Works standards or cause the same to be done. At the conclusion of the construction of any proposed development, the applicant shall restore the adjacent public right-of-way in accordance with the City of Clayton, Department of Public Works standards or shall cause the same to be done.
(4)
The Department of Public Works shall review and approve the plans for compliance with the various codes and ordinances relating to sanitary sewers.
b.
Department of Planning and Development Services review.
(1)
The Department of Planning and Development Services shall review and approve the internal vehicular and pedestrian circulation system, landscaping, parking areas and additional characteristics of site design as deemed appropriate. Landscaping may include recontouring, earth berms, vegetative covering, existing and proposed trees, screening or other material alteration of the site as deemed appropriate to enhance areas outside the public right-of-way or to preserve the integrity of the subject properties and/or adjacent properties. Internal circulation shall include the location, nature, extent, construction and design of internal driveway lanes, parking lots, driveways to or through parking lots and any other facilities that provide vehicular access to buildings, structures and improvements upon a given lot or tract.
(2)
The Department of Planning and Development Services shall review the architectural design of the project in regard to the location, size and design of the structures, parking areas, driveways, landscaping, topography and any other feature determined to affect the site or the adjacent properties. The Department of Planning and Development Services shall also review all components of the project in relation to the adjacent structures and compatibility with the neighborhood. This review will include but not limited to: height, density, design of structures, landscaping, buffer zones, drainage and topographical features as they relate to adjacent properties and the surrounding neighborhood.
c.
The City of Clayton Fire Department shall review and approve the site plans for compliance with the all currently adopted fire codes as modified.
d.
All departments shall review and approve the plans for compliance with all applicable requirements of the adopted Building Code, Plumbing Code, Mechanical Code, Electrical Code, Zoning Ordinance, Subdivision Ordinance, Public Right-Of-Way Standards and any other applicable City ordinances, codes, standards, guidelines and good planning practices. This site plan review shall not constitute, or substitute for, compliance with applicable technical codes and the application and approval process required for issuance of building and other required permits.
3.
The Director of Planning and Development Services or his/her designee shall submit the site plan to the Plan Commission, at such time the plan is complete and satisfactory to the staff. Developer and staff may confer until the plan is determined to be complete and satisfactory. City staff will make every effort to insure the site plan is processed in a timely manner.
D.
Review By Plan Commission.
1.
The Plan Commission shall render a decision on a site plan review application within sixty (60) days from the date first considered by the Plan Commission. "First considered" shall mean that the application request appears on the Plan Commission agenda and is discussed. The site plan shall be deemed approved if the Plan Commission fails to render a decision within the sixty (60) day period, unless said time period is extended by mutual agreement, in writing, of the Plan Commission and the applicant to extend the sixty (60) day deadline.
2.
In considering and acting upon site plans, landscape plans and other applicable plans, the Plan Commission shall take the following objectives into consideration through the site plan review process:
a.
Creation of a desirable environment.
b.
Promotion of a creative approach to the use of land and related physical facilities resulting in better design and development, including aesthetic amenities.
c.
Combination and coordination of architectural styles, building forms and building relationships.
d.
Preservation and enhancement of desirable site characteristics such as natural topography, vegetation and geologic features and the prevention of soil erosion.
e.
Preservation of buildings which are architecturally or historically significant or contribute to the character of the City.
f.
Use of design, landscape or architectural features to create a pleasing environment.
g.
Inclusion of special features.
h.
Elimination of deteriorated structures or incompatible uses through redevelopment or rehabilitation.
E.
Certification By Plan Commission. The action of the Plan Commission approving the application shall be noted on all copies of the site plan, landscape plan and other applicable plans to be retained in the record, referenced and attached to any changes or condition determined. One (1) such copy shall be returned to the applicant and others retained as required for records or further action by the Plan Commission or other appropriate department of the City.
Section 405.1050 Amendments or Modifications
[Ord. No. 5814 §1(10.7), 4-27-2004]
A.
Proposed amendments or modifications to approved site plans and/or landscape plans must be submitted to the Director of Planning and Development Services or his/her designee in writing with a copy of the original plan depicting the amendment(s) thereon.
B.
Such amendments or modifications shall be submitted in accordance with the procedures and requirements of this Article and shall be distributed to the appropriate departments for review.
C.
The City Manager or his/her designee may waive review by other departments where the City Manager or his/her designee has determined that such modification of the original site plan and/or landscaping plan has no impact on the original proposal and still remains in conformance with City standards and regulations. Such determination shall be made in writing to the applicant.
Section 405.1060 Time Limit On Approval
[Ord. No. 5814 §1(10.8), 4-27-2004]
Approval of the site plan, landscape plan and other applicable plans shall be void unless a building permit has been issued within one (1) year from the date of approval. A written request for an extension must be received by the Director of Planning and Development Services not less than forty-five (45) days prior to the expiration of the original one (1) year period. The applicant shall bear the burden of providing just cause for delay, proof that the project remains the same and proof that no circumstances bearing on the suitability of the project have changed. Approval of a request for an extension is at the sole discretion of the Plan Commission.
Section 405.1070 Reapplication
[Ord. No. 5814 §1(10.9), 4-27-2004]
In the event that the City Plan Commission denies an application, no request for a hearing upon the same application or substantially similar application will be accepted for a period of at least one (1) year from date of denial by the City Plan Commission.
Section 405.1080 Building Permit Issuance
[Ord. No. 5814 §1(10.10), 4-27-2004]
Building permits shall be issued in accordance with approved site plans. A copy of an approved site plan shall be retained in the records of the office of the Department of Planning and Development Services and all building and occupancy permits issued by the Director of Planning and Development Services or his/her designee shall conform to the provisions of the approved site plan.
Section 405.1090 Appeals
[Ord. No. 5814 §1(10.11), 4-27-2004]
An aggrieved party may, within fifteen (15) days of the decision for which redress is sought, file with the Board of Aldermen a written request for reconsideration and appeal of any decision of the Plan Commission under this Article. The written request must set forth in a concise manner the decision being appealed and all grounds known to the appellant as to wherein and why the decision is allegedly in error. The request for reconsideration and appeal must be filed with the City Clerk within the time specified above. A copy of the request and any supporting documents or materials filed by the aggrieved party must be served by the aggrieved party on the applicant (if different than the aggrieved party) by certified U.S. mail, return receipt requested, within three (3) days of filing with the City Clerk. Proof of service on the applicant must be filed with the City Clerk within six (6) days of filing of the request. The Board of Aldermen may consider the appeal on the record of the prior decision by the Plan Commission or may, at its sole discretion, receive additional evidence in such manner as it deems appropriate in light of the circumstances.
Section 405.1100 Action By The Board of Aldermen
[Ord. No. 5814 §1(10.12), 4-27-2004]
The Board of Aldermen shall hear such interested parties as may desire to be heard and after said hearing shall approve, modify or disapprove the application. If the Board of Aldermen approves the application, the Director of Planning and Development Services or his/her designee shall promptly issue the requested permit. If the application is approved with modifications, the Director of Planning and Development Services or his/her designee will issue a permit after the applicant submits the appropriate revisions to the plans and/or specifications required by the Board of Aldermen.
Section 405.1110 Stop Work Order
[Ord. No. 5814 §1(10.13), 4-27-2004]
A stop work order shall be put on the project if any or all provisions of the approved site plan, landscape plan or other applicable plans are not adhered to during the development of the site.