A.

This Title shall be known as the Zoning and Planning Code.

B.

The following general guides to construction are applicable:

1.

The particular controls the general.

2.

Text controls caption and illustration.

3.

Present tense includes future tense, singular includes plural and plural singular and masculine includes feminine, except where context requires otherwise.

4.

The whole includes the part unless context requires otherwise.

5.

"Used for" includes "intended for" or "designed for."

6.

"Person" includes individual, or any corporate or unincorporated entity.

7.

The provisions of this Title shall be interpreted to carry out purposes, and in particular to promote the public health, safety and welfare, and to eliminate nonconforming uses.

8.

In the case of contradictions or overlap between the provisions of this Title and any other ordinance or statute, the most restrictive or highest standard shall control.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

A.

These regulations apply to the erection of buildings and other structures on land not subject to the chapter on subdivision of land. (Appendix B, Chapter 420 of the Code)

B.

Every building shall be located on a lot.

1.

Except in planned business centers, a lot shall contain only one main building.

2.

Yards and open spaces for each building may not be encroached upon or used to satisfy yard or other space requirements for any other building. No land dedicated for roadway purposes or to be used for public or private street or place may be used to fulfill area requirements.

C.

The building or developer shall be responsible for the maintenance, repair and improvement of streets on which the building or development is to take place. When less than fifty percent of the length of a street between intersecting streets or between an intersection street and the terminus must be improved or repaired, the building or developer shall deposit with the Director of Public Works sufficient funds to complete the required improvements, or a bond to secure the completion of the improvement required.

1.

If a bond is executed, its amount, duration and conditions shall be determined according to the provisions of the Chapter on subdivision of land (Chapter 420) relating to completion bonds.

2.

If money is deposited, it shall be placed in an interest bearing account until they are required by the City of Des Peres to carry out the improvements.

3.

Where neither bond nor deposit has been obtained, the owners of the lots fronting on the street improved shall be assessed for the improvement according to the front foot.

4.

Improvements must be initiated by the City of Des Peres when eighty percent of the lots fronting a section of street between two intersections or between an intersection and the terminus of the street contain completed structures.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

A builder or developer shall be primarily responsible for the repair and maintenance of all existing streets within the City of Des Peres which are used by that person to transport materials for use in building or developing land. The maintenance and repair shall be carried out at the direction of the Director of Public Works after the building or development to which the transportation of materials relates is completed, or when the damage to the streets is such as to require immediate repair. The building or developer may inspect and list portions of streets in the City of Des Peres in need of repair or maintenance and submit that list to the Director of Public Works before the building or developer begins to use the streets. This list will serve as a basis for credit against the obligation of the developer or builder under this section. No other basis for credit against the obligations under this section on account of preexisting defects or other similar matters shall be allowed.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

A.

Whenever a building or occupancy permit or any other license, permit or approval is required under this Title, it may be conditioned upon bringing the use of structure involved into conformity with the requirements of this Title.

B.

Whenever, in any commercial zone, a building, occupancy or other permit, license or approval is required under this Title it may be conditioned upon assurances in form, including the requirement of a bond or deposit, approved by the Board of Aldermen that any street upon which the commercial use is situated will be widened along the full length of the lot as it abuts that street, to conform to the provisions of the city's official map. All grades shall conform to the standard section now on file with the City of Des Peres.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

A.

In order to carry out the purposes of this Title, there are established districts in which the utilization of land and the utilization and construction of buildings and other structures are regulated. The districts as established and provided for herein are as follows:

Residential Districts—A, AA, B, D, E, F

Commercial Districts—C-1, C-2, C-3

Planned Development Districts—PD-R. PD-C, PD-MXD

B.

Subject to the provisions of this Title relating to nonconforming uses, no building or other structure shall be erected, converted, enlarged, altered or reconstructed, nor shall any building or other structure or any land be used in any way other than in conformity with the applicable district regulations.

C.

The location and boundaries of districts established by this Title shall be marked on a zoning map which is part of this Title, and all amendments to that map shall be amendments to this Title, and have is much effect as if printed herein.

D.

Whenever a street or other public way is vacated by the City of Des Peres, the zoning districts adjoining each side of that way shall each extend to the center line of that vacated way.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

In concert with the reorganization of the Zoning and Planning Code of the City of Des Peres, certain commercial district zoning designations have been eliminated as of the date of adoption of this Ordinance (Oct. 9, 2017). These include the following previous district designations:

Commercial "C1-A District;

"C-4" Planned Commercial District; and

"C-5" Special Business District.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

As a result of the update and reorganization of the Zoning and Planning Code rezoning of certain parcels have resulted. Any existing developments or uses of property approved by the City of Des Peres within these districts in accord with the provisions of those districts in effect at the time, including approved conditional use permits and master development plans for such developments, shall remain in full force and effect.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)