A.

The uses permitted by right or conditionally in a residential "A" District are as provided for in Section 404.055 of this Chapter and as may be further controlled by Chapter 408, Section 408.020 of this Title.

B.

All development shall conform to the dimensional requirements as set forth below:

1.

No lot shall have an area of under forty-three thousand (43,000) square feet, nor a width of less than one hundred fifty (150) feet at its street line, or at the building line on a cul-de-sac.

2.

The front yard shall be at least fifty (50) feet deep.

3.

The side yard shall be not less than twenty (20) feet wide.

4.

The rear yard shall be at least fifty (50) feet deep.

5.

No building shall be erected or altered to exceed two and one-half (2½) stories or thirty-five (35) feet, whichever is less.

6.

No dwelling in this district shall have a main floor area, excluding porch, garage, breeze-way, and basement, of less than one thousand five hundred (1,500) square feet.

C.

All development shall conform to the following design standards:

1.

Paved driveways consisting of concrete or asphalt pavement, concrete paver blocks, or other hard surface approved by Director of Public Works are required on all new construction.

2.

Exterior finish materials including brick, stone and siding for all buildings, homes, garages and retaining walls shall extend to within one (1) foot of the finished grade it being the intention of the city to minimize the areas of exposed concrete foundation.

3.

No dwelling unit may be constructed after adoption of this section which does not contain a garage subject to the following general conditions:

a.

Garages must be sized to accommodate a minimum of two (2) cars. No front-facing garage shall exceed a maximum of three (3) vehicle bays.

b.

An attached garage may not exceed more than fifty (50) percent of the first-floor area of a house nor more than fifty-five (55) percent of the front width of the structure.

c.

Garages which face a street (front or side) which have more than two (2) parking bays, shall include a minimum set back of no less than one (1) foot from the setback of the house or the two (2) car garage for parking bays in excess of two (2) bays.

(Ord. No. 2800, § 1(Exh. A), 10-9-17; Ord. No. 3013, § 2, 2-12-24)

A.

The uses permitted by right or conditionally in a residential "AA" District are as provided for in Section 404.055 of this Chapter and as may be further controlled by Chapter 408, Section 408.020 of this Title.

B.

All development shall conform to the dimensional requirements as set forth below:

1.

No lot shall have an area of under thirty-two thousand (32,000) square feet, nor a width of less than one hundred twenty-five (125) feet at its street line, or at the building line on a cul-de-sac.

2.

The front yard shall be at least fifty (50) feet deep.

3.

The side yard shall be not less than twenty (20) feet wide.

4.

The rear yard shall be at least forty (40) feet deep.

5.

No building shall be erected or altered to exceed two and one-half (2½) stories or thirty-five (35) feet, whichever is less.

6.

No dwelling shall have a main floor area of less than one thousand five hundred (1,500) square feet, excluding basement, breezeway, porch and garage.

C.

All development shall conform to the following design standards:

1.

All residences shall be constructed with fifty (50) percent brick or stone veneer exterior, exclusive of windows or doors.

2.

Paved driveways consisting of concrete or asphalt pavement, concrete paver blocks, or other hard surface approved by Director of Public Works are required on all new construction.

3.

Exterior finish materials including brick, stone and siding for all buildings, homes, garages and retaining walls shall extend to within one (1) foot of the finished grade it being the intention of the city to minimize the areas of exposed concrete foundation.

4.

No dwelling unit may be constructed after adoption of this section which does not contain a garage subject to the following general conditions:

a.

Garages must be sized to accommodate a minimum of two (2) cars. No front-facing garage shall exceed a maximum of three (3) vehicle bays.

b.

An attached garage may not exceed more than fifty (50) percent of the first-floor area of a house nor more than fifty-five (55) percent of the front width of the structure.

c.

Garages which face a street (front or side) which have more than two (2) parking bays, shall include a minimum set back of no less than one (1) foot from the setback of the house or the two (2) car garage for parking bays in excess of two (2) bays.

(Ord. No. 2800, § 1(Exh. A), 10-9-17; Ord. No. 3013, § 3, 2-12-24)

A.

The uses permitted by right or conditionally in a residential "B" District are as provided for in Section 404.055 of this Chapter and as may be further controlled by Chapter 408, Section 408.020 of this Title.

B.

All development shall conform to the dimensional requirements as set forth below:

1.

No lot shall have an area of less than twenty-one thousand (21,000) square feet nor a width of less than one hundred (100) feet at its street line, or at the building line on a cul-de-sac.

2.

The front yard shall be at least forty (40) feet deep.

3.

The side yard shall be at least ten (10) feet wide.

4.

The rear yard shall be at least forty (40) feet deep.

5.

No building shall be erected or altered to exceed two and one-half (2½) stories or thirty-five (35) feet, whichever is less.

6.

No dwelling shall have a main floor area of less than one thousand five hundred (1,500) square feet, excluding basement, breezeway, porch and garage.

C.

All development shall conform to the following design standards:

1.

Paved driveways consisting of concrete or asphalt pavement, concrete paver blocks, or other hard surface approved by Director of Public Works are required on all new construction.

2.

Exterior finish materials including brick, stone and siding for all homes, garages and retaining walls shall extend to within one (1) foot of the finished grade it being the intention of the city to minimize the areas of exposed concrete foundation.

3.

No dwelling unit may be constructed after adoption of this section which does not contain a garage subject to the following general conditions:

a.

Garages must be sized to accommodate a minimum of two (2) cars. No front-facing garage shall exceed a maximum of three (3) vehicle bays.

b.

An attached garage may not exceed more than fifty (50) percent of the first-floor area of a house nor more than fifty-five (55) percent of the front width of the structure.

c.

Garages which face a street (front or side) which have more than two (2) parking bays, shall include a minimum set back of no less than one (1) foot from the setback of the house or the two (2) car garage for parking bays in excess of two (2) bays.

(Ord. No. 2800, § 1(Exh. A), 10-9-17; Ord. No. 3013, § 4, 2-12-24)

A.

The uses permitted by right or conditionally in a residential "D" District are as provided for in Section 404.055 of this Chapter and as may be further controlled by Chapter 408, Section 408.020 of this Title.

B.

All development shall conform to the dimensional requirements as set forth below:

1.

No lot shall have an area of less than fifteen thousand (15,000) square feet nor a width less than one hundred (100) feet frontage at the street line or, at a cul-de-sac, the building line.

2.

The front yard shall be at least thirty-five (35) feet deep.

3.

The side yard shall be at least ten (10) feet wide.

4.

The rear yard shall be at least forty (40) feet deep.

5.

No building shall be erected or altered to exceed two and one-half (2½) stories or thirty-five (35) feet, whichever is less.

6.

No dwelling shall have a main floor area of less than one thousand (1,000) square feet, excluding basement, breezeway, porch and garage.

C.

All development shall conform to the following design standards:

1.

Paved driveways consisting of concrete or asphalt pavement, concrete paver blocks, or other hard surface approved by Director of Public Works are required on all new construction.

2.

Exterior finish materials including brick, stone and siding for all buildings, homes, garages and retaining walls shall extend to within one (1) foot of the finished grade it being the intention of the city to minimize the areas of exposed concrete foundation.

3.

No dwelling unit may be constructed after adoption of this section which does not contain a garage subject to the following general conditions:

a.

Garages must be sized to accommodate a minimum of two (2) cars. No front-facing garage shall exceed a maximum of three (3) vehicle bays.

b.

An attached garage may not exceed more than fifty (50) percent of the first-floor area of a house nor more than fifty-five (55) percent of the front width of the structure.

c.

Garages which face a street (front or side) which have more than two (2) parking bays, shall include a minimum set back of no less than one (1) foot from the setback of the house or the two (2) car garage for parking bays in excess of two (2) bays.

(Ord. No. 2800, § 1(Exh. A), 10-9-17; Ord. No. 3013, § 5, 2-12-24)

A.

The uses permitted by right or conditionally in a residential "E" District are as provided for in Section 404.055 of this Chapter and as may be further controlled by Chapter 408, Section 408.020 of this Title.

B.

All development shall conform to the dimensional requirements as set forth below:

1.

No lot shall have an area of less than ten thousand (10,000) square feet nor a width less than seventy-five (75) feet frontage at its street line or at the building line on a cul-de-sac.

2.

The front yard shall be at least thirty (30) feet deep.

3.

The side yard shall be at least ten (10) feet wide.

4.

The rear yard shall be at least thirty (30) feet deep.

5.

No building shall be erected or altered to exceed two and one-half (2½) stories or thirty-five (35) feet, whichever is less.

6.

No dwelling shall have a main floor area of less than one thousand (1,000) square feet, excluding basement, breezeway, porch and garage.

C.

All development shall conform to the following design standards:

1.

Paved driveways consisting of concrete or asphalt pavement, concrete paver blocks, or other hard surface approved by Director of Public Works are required on all new construction.

2.

Exterior finish materials including brick, stone and siding for all homes, garages and retaining walls shall extend to within one (1) foot of the finished grade it being the intention of the city to minimize the areas of exposed concrete foundation.

3.

No dwelling unit may be constructed after adoption of this section which does not contain a garage subject to the following general conditions:

a.

Garages must be sized to accommodate a minimum of two (2) cars. No front-facing garage shall exceed a maximum of three (3) vehicle bays.

b.

An attached garage may not exceed more than fifty (50) percent of the first-floor area of a house nor more than fifty-five (55) percent of the front width of the structure.

c.

Garages which face a street (front or side) which have more than two (2) parking bays, shall include a minimum set back of no less than one (1) foot from the setback of the house or the two (2) car garage for parking bays in excess of two (2) bays.

(Ord. No. 2800, § 1(Exh. A), 10-9-17; Ord. No. 3013, § 6, 2-12-24)

A.

The uses permitted by right or conditionally in a residential "E" District are as provided for in Section 404.055 of this Chapter and as may be further controlled by Chapter 408, Section 408.020 of this Title.

B.

All development shall conform to the dimensional requirements as set forth below:

1.

No lot shall have an area of less than nine thousand (9,000) square feet nor less than a width of seventy-five (75) feet frontage at the street line or at the building line, or at a cul-de-sac.

2.

The front yard shall be at least twenty-five (25) feet deep.

3.

The side yard measured at the front building line shall be ten percent (10%) of the lot width or eight (8) feet, whichever is less, but in no case shall be less than five (5) feet wide.

4.

The rear yard shall be at least thirty (30) feet deep.

5.

No building shall be erected or altered to exceed two and one-half (2½) stories or thirty-five (35) feet, whichever is less.

6.

No dwelling shall have a main floor area of less than one thousand (1,000) square feet, excluding basement, breezeway, porch and garage.

C.

All development shall conform to the following design standards:

1.

Paved driveways consisting of concrete or asphalt pavement, concrete paver blocks, or other hard surface approved by Director of Public Works are required on all new construction.

2.

Exterior finish materials including brick, stone and siding for all homes, garages and retaining walls shall extend to within one (1) foot of the finished grade it being the intention of the city to minimize the areas of exposed concrete foundation.

3.

No dwelling unit may be constructed after adoption of this section which does not contain a garage subject to the following general conditions:

a.

Garages must be sized to accommodate a minimum of two (2) cars. No front-facing garage shall exceed a maximum of three (3) vehicle bays.

b.

An attached garage may not exceed more than fifty (50) percent of the first-floor area of a house nor more than fifty-five (55) percent of the front width of the structure.

c.

Garages which face a street (front or side) which have more than two (2) parking bays, shall include a minimum set back of no less than one (1) foot from the setback of the house or the two (2) car garage for parking bays in excess of two (2) bays.

(Ord. No. 2800, § 1(Exh. A), 10-9-17; Ord. No. 2900, § 1, 7-12-21; Ord. No. 3013, § 7, 2-12-24)

A.

The uses permitted in a "C-1" Commercial District are as provided for in Section 404.055 of this Chapter; however, property located in this district may be used for the permitted uses set forth in Section 404.055 only if said property fronts directly on Manchester Road and then only if said frontage is a minimum length of one hundred fifty (150) feet. Accessory uses to permitted uses are allowed subject to the provisions of Chapter 406, Section 406.020 of this Title.

B.

Subject to the conditions, restrictions and qualifications set forth in Chapter 408, Section 408.015 of this Title, the following uses may also be permitted in this District:

1.

Establishments for the sale of retail goods to the public with a gross floor area in excess of five thousand (5,000) square feet;

2.

Restaurants and fast-food restaurants as defined in Section 402.005 which:

a.

If qualifying as a "drive-in" or "drive-through establishment" as defined in Section 402.005, conform to the provisions of Section 408.015(A)(4).

b.

The sale of alcoholic beverages accounts for less than fifty (50) percent of gross income; and

Any restaurant or other such facility with a license to sell beer, wine, or liquor by the drink shall also be subject to the prohibitions under the provisions of Section 4-11 of Chapter 4 of the Municipal Code.

3.

Gasoline sales stations and such accessory uses as may be permitted by a conditional use permit issued for such facilities; provided, however, that due to the traffic-intensive nature of gasoline sales stations, such facilities may only be located on property which:

a.

has a minimum of one and two-tenths (1.2) acres in total lot area; and

b.

retains no less than forty (40) percent of the total lot area for landscaped greenspace and/or buffer; and

c.

does not adjoin any property not zoned for commercial use; and

d.

in addition to the required frontage on Manchester Road, the property also has frontage on and direct access to and from a major collector street, as defined in Section 420.010(B) of Appendix B, Subdivision Regulations, of the Municipal Code.

4.

Assisted living center licensed by the State of Missouri, provided that:

a.

The site is a minimum of four (4) acres in size; and

b.

The development contains a minimum of fifty (50) units, but shall not have a density in excess of twenty (20) units per acre; and

c.

The primary building shall not be located within two hundred (200) feet of any single-family residence in place at the time of construction; and

d.

The site may not be reasonably used for permitted retail commercial uses due to access or topographical limitations.

As to assisted living centers and skilled nursing facilities only, and only in the C-1 district, if the Board of Aldermen finds and determines that a proposed facility offers substantial public benefit and provides alternative measures so as to fit harmoniously with surrounding land uses, the board may, in its sole discretion, grant a waiver or variation to the side and/or rear setback, and/or landscaping, and/or buffer requirements otherwise applicable to the site to the extent specified in the ordinance granting a conditional use permit for such facility, and only to such extent.

5.

Skilled nursing facilities licensed by the State of Missouri provided that:

a.

The site is a minimum of four (4) acres; and

b.

The development contains a minimum of fifty (50) units but shall not have a density in excess of twenty- five (25) units per acre;

c.

The primary building shall not be located within two hundred (200) feet of the nearest single family residence in place at time of construction; and

d.

The site may not be reasonably expected to be developed for permitted retail or office uses due to access, topography or other size limitations.

e.

At all times, the operator shall maintain a valid license from the State of Missouri for operation of a skilled nursing facility.

For purposes of this section, the term "units" shall be defined as a room used for housing patients containing no more than two (2) beds.

C.

Any person owning an enterprise engaged in a use for which a conditional use permit is required under the terms of subsection B of this section, which use was in full operation as of the date of adoption of any ordinance designating the location of such enterprise to be in a "C-1" District, shall be granted a conditional use permit for such use as hereinafter provided.

1.

Application for a conditional use permit shall be made to the Planning and Zoning Commission in form and with such information as may be required by the Planning and Zoning Commission. The application shall be accompanied by plans showing the elevations and intensity and extent of the existing use. Such application must be submitted within one (1) year of the date of adoption of any Ordinance designating the location of such enterprise to be in a "C-1" District.

2.

Each application and accompanying plans shall be filed with the Director of Public Works. No filing fee will be required for this application.

3.

Upon receipt of the completed application the Director of Public Works shall notify the applicant in writing by First Class U.S. Mail, postage prepaid, of the date upon which the matter will be considered by the Planning and Zoning Commission.

4.

The Planning and Zoning Commission shall investigate the nature and extent of the existing use and may receive evidence on such subjects. Upon the conclusion of such hearing, the Planning and Zoning Commission shall state findings and conclusions on the following matters for the public record:

a.

The exact nature of the existing use;

b.

The gross square footage of space devoted to the use in question as of the date of the passage of the Ordinance placing such facility in the "C-1" District.

5.

Upon making such findings, a permit stating the nature and extent of the use permitted, shall be issued forthwith. Thereafter, such use may be continued as a conditional use only to the extent described in the findings described above. Any expansion or alteration of the use subsequent to the issuance of the permit described in this subsection shall require that the applicant request the issuance of a new conditional use permit under the terms of Chapter 408, Section 408.015 of this Code.

6.

Any use eligible for an automatic conditional use permit as provided in this subsection, but for which no such application has been made within one year after the adoption of any Ordinance designating the property containing such use in the "C-1" District, shall be subject to the requirements of Chapter 414 of this Title concerning nonconformities.

D.

Qualifications and limitations on the permitted uses:

1.

All lots in this District must adjoin Manchester Road (MO Route 100) for a minimum distance of one hundred fifty (150) feet.

2.

No use is allowed in the district which allows over an aggregate of five (5) percent of its total floor space, or 2,000 square feet of floor space of one (1) or a group of concessionaires, licensees, leased departments, demonstrators or permitted users. However, this does not prohibit the lease or transfer of a leasehold interest in a portion of a building which is completely and permanently separated from the remaining portion of the building.

3.

The total number of liquor stores or other establishments whose primary merchandise is wine, beer, or liquor, other than taverns, bars, restaurants, grocery or warehouse club stores which sell liquor by the drink, shall not exceed one (1) for every one thousand (1,000) residents of the city.

4.

The sale, display or storage of goods and merchandise in other than a completely enclosed building shall be permitted only upon issuance of a conditional use permit.

a.

Application for the permit shall be made in writing in form and with such information as is required by the Board of Aldermen.

b.

Within sixty (60) days of receipt of said application, the Board of Aldermen shall hold a public hearing and shall determine whether the outside storage will:

(1)

Adversely affect the character of the area,

(2)

Substantially increase fire hazards,

(3)

Create a nuisance,

(4)

Adversely affect vehicular or pedestrian traffic, or

(5)

Create additional burdens upon the government of the city.

c.

If the Board of Aldermen does not find that any of the objections under subparagraph b. of this paragraph are sustained, it shall issue the permit. Otherwise, the permit must be denied.

d.

Once granted, the permit shall be reviewed annually by the staff for any noncompliance, and those in compliance shall remain in effect until revoked by the Board of Aldermen. If revoked, the owner of the premises shall have ten (10) days to remove said outside storage.

5.

The buildable area and buffer requirements applicable to lots within the C-1 District shall be determined in accord with the following provisions.

a.

No building or structure may be erected or constructed within the C-1 District except within the buildable area of a lot. The buildable area of a lot shall be determined by the setback lines applicable to the property as hereinafter set forth.

b.

All buffer areas shall be depicted on a landscape plan subject to review by the Planning and Zoning Commission and approval of the Board of Aldermen as herein after set forth. Landscape Plans shall conform to the requirements set forth in Chapter 409, Landscape Design Standards.

c.

Approved buffer areas shall be subject to inspection by the City of Des Peres and maintained in a healthy state of growth and replaced where necessary by the property owner(s).

d.

The following setback and buffer requirements shall be applicable to the property; provided, however, that whenever property adjoins a public right-of-way other than Manchester Road (State Route 100), a minimum setback of forty (40) feet from the right-of-way line and a buffer of not less than ten (10) feet in depth shall be required alongside such right-of-way, any other provisions hereinafter notwithstanding:

(1)

The front setback line shall be a line parallel to and sixty (60) feet distant from the nearest right-of-way line of Manchester Road (State Route 100).

(a)

The front setback area shall be all areas between the front lot line and the front setback line across the full width of the lot.

(b)

At the front of lots, a buffer area of not less than ten (10) feet in depth shall be provided parallel to the front property line, exclusive of any right-of-way.

(2)

The rear setback shall be fifty (50) feet.

(3)

The rear setback area shall be all areas between the rear lot line and the rear setback line across the full width of the lot.

(4)

At the rear of lots a buffer area of not less than twenty-five (25) feet in depth shall be provided across the full extent of the lot.

(5)

The side setback lines shall be twenty-five (25) feet in depth and parallel to side lot line, except where any side lot line adjoins a residential district, in which case the side setback lines shall be fifty (50) fee in depth and parallel to the side lot lines closer to the center of the lot than are those portions of the side lot lines adjoining such a residential district.

(6)

The side setback areas shall be all areas between the side lot lines and the side setback lines throughout the full depth of the lot.

(7)

At the sides of lots, a buffer area of not less than five (5) feet in width shall be provided along the full depth of the lot, except where a side lot line adjoins a residential district, in which case a buffer area of not less than twenty-five (25) feet shall be provided.

(8)

All buffer areas shall be kept free of trash and other debris of any kind.

(9)

Buffer areas may be broken by traffic lanes between shared parking access

(10)

Buffer area depth at the sides and rear of lots may be varied according to the provisions set forth in Section 407.025(A)(5).

6.

Fencing shall be provided and maintained in accord with applicable fencing regulations adopted by the Planning and Zoning Commission pursuant to applicable provisions of this Title or other provisions of the Code.

E.

All development in this district shall be subject to site plan review incorporating a master development plan as provided for in Chapter 412 of this Title.

F.

Any person owning an enterprise engaged in a use for which a conditional use permit is required under the terms of this section, which use was in full operation as of the date of adoption of any ordinance designating the location of such enterprise to be in a "C-1" District, shall be granted a conditional use permit for such use as hereinafter provided.

1.

Application for a conditional use permit shall be made to the Planning and Zoning Commission in form and with such information as may be required by the Planning and Zoning Commission. The application shall be accompanied by plans showing the elevations and intensity and extent of the existing use. Such application must be submitted within one (1) year of the date of adoption of any Ordinance designating the location of such enterprise to be in a "C-1" District.

2.

Each application and accompanying plans shall be filed with the Director of Public Works. No filing fee will be required for this application.

3.

Upon receipt of the completed application the Director of Public Works shall notify the applicant in writing by First Class U.S. Mail, postage prepaid, of the date upon which the matter will be considered by the Planning and Zoning Commission.

4.

The Planning and Zoning Commission shall investigate the nature and extent of the existing use and may receive evidence on such subjects. Upon the conclusion of such hearing, the Planning and Zoning Commission shall state findings and conclusions on the following matters for the public record:

a.

The exact nature of the existing use;

b.

The gross square footage of space devoted to the use in question as of the date of the passage of the Ordinance placing such facility in the "C-1" District.

5.

Upon making such findings, a permit stating the nature and extent of the use permitted, shall be issued forthwith. Thereafter, such use may be continued as a conditional use only to the extent described in the findings described above. Any expansion or alteration of the use subsequent to the issuance of the permit described in this subsection shall require that the applicant request the issuance of a new conditional use permit under the terms of Chapter 408 of this Title.

6.

Any use eligible for an automatic conditional use permit as provided in this subsection, but for which no such application has been made within one year after the adoption of any Ordinance designating the property containing such use in the "C-1" District, shall be subject to the requirements of Chapter 414 of this Title concerning nonconformities.

G.

Height and Area Regulations.

1.

No building shall be erected or altered to exceed a height of thirty-five (35) feet. This height limitation shall also apply to Planned Commercial or Planned Mixed-Use Developments proposed for rezoning within this District, subject to the requirements of Section 404.050 of this Chapter and any exception that may be granted as part of the site plan review and master development plan process associated with the requirements of Chapter 412 of this Title.

2.

The maximum gross floor area of all buildings shall be fifteen thousand (15,000) square feet per acre of total lot area, except that the Board of Aldermen, after review by the Planning and Zoning Commission, may permit an increase of gross floor area per acre to a maximum of sixteen thousand five hundred (16,500) square feet where it finds that significant public benefit(s) directed toward alleviating the burden on public services incurred by such development are provided.

J.

Ancillary Uses. Those portions of any lot located between required buffer areas and designated setback lines may be utilized for ancillary uses as defined in this section if such ancillary uses are reflected on the Master Development Plan approved for the property.

(Ord. No. 2800, § 1(Exh. A), 10-9-17; Ord. No. 3055, § 1, 5-12-25)

A.

The uses permitted in a "C-2" Commercial District are as provided for in Section 404.055 of this Chapter only if said property fronts directly on Manchester Road. Subject to the foregoing, only the following uses are permitted in this district:

1.

Adult entertainment business or establishment subject to the definitions of such business as contained in Chapter 402 of this Code and subject to the requirements of Chapter 406, Section 406.045.

2.

Establishments for the retail sale of food at which no alcoholic beverages are sold and which: (a) are located completely within a single multitenant building; (b) are less than one thousand (1,000) square feet in total floor area; (c) contain seating for no more than ten (10) patrons; (d) have no customer access directly to the exterior of the building; and (e) have no signs on the exterior of the building or premises. Establishments satisfying the criteria specified herein shall not come within the definition of "restaurant" as used in Section 404.035 of this Chapter and shall not be required to obtain a conditional use permit pursuant to that section.

B.

Qualifications and limitations on permitted uses:

1.

Uses permitted in commercial "C-1" districts are permitted in the "C-2" district and therefore in this district, the qualifications and limitations set forth in Section 404.030, Chapter 406, Section 406.035 and Chapter 408, Section 408.015 apply here.

2.

No use other than a planned business center shall be permitted in this district unless approval has been granted with regard to the specific use by the Planning and Zoning Commission.

a.

No approval shall be granted unless an application therefore [therefor] has been filed with the Planning and Zoning Commission in form and including such information as is required by the Planning and Zoning Commission.

b.

Within sixty days after the submission of a complete application to the Planning and Zoning Commission, the Commission shall not grant its approval of the use unless it finds that:

(1)

The use will not substantially and adversely affect the character of the neighborhood around it or on which it borders; and

(2)

The use will not be of a quality below that of neighboring uses in any substantial way; and

(3)

There is reasonable certainty that the use will continue neither to have a substantial and adverse effect on the character of the neighborhood around it or on which it borders, nor depart from its high quality.

c.

If the Planning and Zoning Commission makes no determination within sixty days from the day on which the complete application has been submitted to it, and if the delay has not been consented to, caused or contributed to by the applicant, the approval shall be deemed granted on the day after the end of the sixty days.

d.

If the Planning and Zoning Commission grants or denies approval under this section, it shall state its findings and conclusions and make them part of its official minutes.

3.

Planned business centers in the Commercial "C-2" District shall contain at least twenty-five (25) acres of ground and may include all of the uses permitted in this district. Parking and common facilities shall be under unified control.

C.

No lot shall have a width of under one thousand feet.

D.

The depth of the front yard shall be at least one hundred seventy-five (175) feet from the center line of the facing street.

E.

The side yard shall be at least fifty (50) feet wide.

F.

The rear yard shall be at least seventy-five (75) feet deep.

G.

No building other than in a planned business center shall be erected or altered to exceed three stories or thirty-five (35) feet, whichever is higher.

H.

Except in a planned business center, floor area of no more than thirty (30) square feet shall be had for every one hundred (100) square feet of lot area.

I.

Buffer areas shall be provided for each commercially used lot and for each area used as a planned business center in addition to side and rear yard requirements.

1.

At the-rear of the lot or area, a buffer area of at least seventy-five (75) feet in width.

2.

At the side of the lot or area, wherever it adjoins a residential use, at least fifteen (15) feet of buffer area in width.

3.

Buffer areas are to be planted as required by the Planning and Zoning Commission, and the planting is to be maintained and when necessary, replaced by the owner or owners of the property.

4.

Fencing shall be provided where requested by adjacent residential property owners or if required for safety purposes.

5.

Buffer areas are to be kept free of trash and debris.

The regulations contained in this section shall be in addition to any and all regulations contained elsewhere in the Municipal Code or the Zoning Regulations.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

In this district, the following regulations shall apply:

A.

Use regulations. The C-3 District is a planned district intended for office campus use. The approval of a Master Development Plan as hereinafter provided shall serve to establish the specific permitted uses and structures for a subject site within the general parameters of the regulations hereinafter set forth. Review and approval of a Master Development Plan is a rezoning of the subject property within the legislative discretion of the Board of Aldermen by ordinance. Only the following uses are permitted in this district:

1.

Commercial office buildings for use only as general office space for business uses as specified in Section 404.055 of this Chapter, including approved ancillary uses also specified in Section 404.045, 2 below and Chapter 406, Section 406.020 operated in conjunction with the primary office uses including such uses such as cafeteria or other internal food service, training facilities and auditoria, and retail uses or service businesses operated as a convenience to the employees of the office buildings therein but not including retail or wholesale sales or service outlets intended to serve the general public. This category of zoning shall not be available to any property except that property lying within the intensive commercial and office building use area in the city and that area is herewith defined and designated as the area between Ballas Road on the east, Manchester Road on the south, Interstate 270 on the west and Nicholas Lane on the north. This category of zoning shall not be available on any property in use as a part of the "C-2" commercial category.

2.

Parking structures, but only as an ancillary use to the main office development. Anything to the contrary notwithstanding, parking structures in the C-3 District shall not be subject to the requirements of Section 406.020 of this Code regarding accessory structures if they are shown on, and constructed in accord with, a Master Development Plan approved pursuant to this Section.

B.

Height and area regulations.

1.

The maximum density of development on a lot shall not exceed forty-three thousand five hundred (43,500) square foot of gross building area per acre of land, excluding exterior balconies, basements and parking structures.

2.

No lot shall have a frontage of less than one thousand (1,000) feet along Manchester Road.

3.

The maximum height of buildings and parking structures shall be:

a.

One hundred twenty-five (125) feet for office buildings constructed prior to 2007.

b.

Ninety-eight (98) feet for office buildings constructed after 2007.

c.

Thirty-six (36) feet for parking structures.

4.

The minimum yard depth and building setbacks shall be:

a.

One hundred (100) feet from the centerline of Manchester Road.

b.

Fifty (50) feet from the edge of right-of-way of Ballas Road.

c.

Fifty (50) feet from the edge of right-of-way of Nicholas Lane.

d.

Ten (10) feet from the edge of right-of-way of JJ Kelley Memorial Drive.

C.

Parking, loading and special regulations. Off street parking, loading operations, sign location, design and other regulations shall be as follows:

1.

Notwithstanding the parking space requirements of any other sections of this code, (a) the parking space requirement for the "C-3" Office Building District shall be one parking space for every three hundred and fifty (350) square feet of gross floor area of the building, (b) minimum aisle width shall be twenty-two (22) feet and (c) parking space size shall be not less than nine (9) feet by nineteen (19) feet.

2.

Loading requirements in the "C-3" Office Building District shall be approved by the Planning and Zoning Commission.

3.

Further parking, sign and other special regulations shall be provided in accordance with the requirements set forth in Chapter 410 of this Title.

D.

Sanitary Sewers. All commercial property shall be provided with satisfactory disposal of sanitary sewage. All sanitary sewers, sanitary sewer connections, sewage treatment plants and similar sanitary installations shall be designed, constructed, supervised, and approved in accordance with the regulations of the St. Louis County Health Department and the Metropolitan St. Louis Sewer District and the Director of Public Works of the City of Des Peres.

E.

Buffer Areas. In a "C-3" Office Building District, a buffer area of a minimum of fifty (50) feet must be provided at the rear of lots on which there is commenced any lawful office building use. A buffer area of fifteen (15) feet must be provided on the sides of all lots, regardless of depth of commercial zoning, on which there is commenced any lawful office building use, at all points where such office building use adjoins land in residential use. Buffer areas shall be planted with the approval of the Planning and Zoning Commission. Plant material shall be maintained in a healthy state of growth and replaced where necessary by the owner of the property. In addition, fencing of a minimum height of six (6) feet shall be provided where adjoining a residential property. All buffer areas shall be maintained in a manner to be kept free of paper, trash and other loose particles.

F.

Procedures.

1.

No development or structure may be developed nor any permit of any kind issued with regard to that development or structure or any building on it, until the Board of Aldermen has approved a master development plan in accordance with the provisions of Chapter 412 of this Title.

2.

Application for approval of a master development plan shall be made to the Planning and Zoning Commission in such form and with such information as required by Chapter 412 of this Title.

3.

Each application and accompanying plans shall be filed with the City Clerk with a filing fee established by the City in accord with the provisions of Chapter 418, Section 418.015 of this Title and submitted as per Chapter 420, Section 420.015 of this Title.

4.

Upon receipt of a completion application and filing fee, the City Clerk shall notify in writing by first class mail, postage prepaid, the owners of all property located within an area determined by drawing lines parallel to the boundaries of the property included in said site plan and two hundred (200) feet from those boundaries. Such notice shall include a statement that the application was filed, the nature of the proposed use, the name of the applicant(s) and the date upon which such application is to be presented to the Planning and Zoning Commission.

5.

The Planning and Zoning Commission shall investigate the effect of the granting of the permit upon the public health, safety and welfare of the community and shall make a report to the Board of Aldermen within one hundred (100) days of the date of the date of the next regular meeting of the Planning and Zoning Commission following the filing of the application with the City Clerk. If no such report is made, the Planning and Zoning Commission shall be deemed to have approved the application. Provided, however, with the written consent of the applicant, the Planning and Zoning Commission may extend the one hundred-day period.

6.

Upon receipt of the report of the Planning and Zoning Commission, or upon the expiration of the one hundred-day period or the extensions thereof, the Board of Aldermen shall conduct a public hearing with a minimum of fifteen (15) days' notice of the time and place of that hearing in a newspaper of general circulation in the city.

7.

After said hearing, if the Board of Aldermen determines that the public health, safety and welfare are adequately served and protected it may approve the Master Development Plan as submitted or with such changes or revisions, if any, as the board may deem appropriate.

G.

Signage. Signage shall comply with Appendix A, "Signs," unless a "Special Signage Plan" is submitted. The Planning and Zoning Commission may recommend, and the Board of Aldermen may approve, a Special Signage Plan to allow for signs that are not otherwise permitted by Appendix A, "Signs", but may be reasonable and appropriate for the larger-scale development within a C-3 Zoning District. This approval may contain conditions, requirements or standards regarding signs that may be stipulated by the Board of Aldermen. Comprehensive Sign Plans approved under this Section shall be evaluated based upon, but not limited to, the following criteria:

1.

Placement. All signs shall be placed where they are sufficiently visible and readable for their function. Factors to be considered shall include the purpose of the sign, its location relative to traffic movement and access points, site features, structures, and sign orientation relative to viewing distances and viewing angles. However, no sign shall be placed in any manner that creates sight obstructions for roadway traffic or ingress or egress to and from a property and must comply with the provisions of Chapter 406, Section 406.010, D.

2.

Size. Factors to be considered in determining appropriate size shall include topography, volume of traffic, speed of traffic, visibility range, proximity to adjacent uses, amount of sign copy, placement of display (location and height), lettering style and the presence of distractive influences.

3.

Materials. Sign materials shall be compatible with architectural and/or natural features of the project. This may be accomplished through similarity of materials for sign structures and faces, the use of complementary colors, similarity of architectural style or the use of consistent lettering style and typography.

4.

Application Procedure. An applicant within a C-3 Zoning District may apply for a Special Signage Plan by submitting a written application and supporting documents required by Section 410.120(B)(2), as well as including the location, dimensions, and general appearance of all existing and proposed signs on site. The fee for this application shall be the same as the fee designated for Uniform Sign Standards review by Section 6-255. Fees. The application for a Special Signage Plan may be approved by the Board of Aldermen after review and recommendation by the Planning and Zoning Commission.

5.

Any Special Signage Plan approved by this Section shall be required to obtain a Sign permit as required by Section 410.120: Sign Permits prior to installation. Nothing in this Section is intended to exempt the applicant from any applicable building permit, electrical permit, or other required permitting process.

6.

Any Special Signage Plan approval granted under this section is non-transferrable and no sign receiving Special Signage Plan approval shall be replaced or altered for any reason without approval of the Board of Aldermen.

(Ord. No. 2800, § 1(Exh. A), 10-9-17; Ord. No. 3034, § 1, 10-28-24)

A.

Intent and purpose. The purpose of the Planned Development Districts is to provide a means of achieving greater flexibility in development of land in a manner not always possible in conventional zoning districts; to encourage a more imaginative and innovative design of land development; and to promote a more desirable community environment.

The Board of Aldermen, upon recommendation by the Planning and Zoning Commission, may, by an ordinance adopted in the same manner as a rezoning is approved, authorize a Planned Development district when the proposed development or use of a specific tract of land or area warrants greater flexibility, control and density than is afforded under the general regulations of standard zoning districts or where effective redevelopment of a property or area entails a mix of uses. These Planned Development regulations are not intended to allow excessive densities, or the development of incompatible land uses, either within the development, or as the development relates to the general neighborhood. The Board of Aldermen may, upon proper application, approve a Planned Development to facilitate the use of flexible techniques of land development and site design, by providing relief from conventional zoning standards to achieve one or more of the following objectives:

1.

Site planning that better adapts to site conditions and its relation to surrounding properties that would not otherwise be possible or would be inhibited under the district regulations applicable to the property.

2.

Functional and beneficial uses of open space areas.

3.

Preservation of natural features of a development site.

4.

Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program.

5.

Promotes the use of high-quality building materials for all structures and use types, employs architectural design compatible with the surrounding area, and avoids the use of design or color elements that are garish.

6.

Providing for housing types that are not presently found in the City and multi-family development as a component of development or redevelopment to provide a mixed-use environment in the City's commercial districts west of Ballas Road.

7.

Rational and economical in relation to public utilities and services.

8.

Efficient and effective traffic circulation, both within and adjacent o the development site.

B.

Relationship of planned development districts to zoning map.

1.

A Mapped District: The PD designation is not intended to be attached to existing zoning districts as an overlay. The PD designation, as detailed in this section, is a separate use district and may be attached to a parcel of land through the process of rezoning and zoning map amendment.

2.

Plan Approval Required: It is the intent of this ordinance that no development or redevelopment of the property encompassed by the PD designation take place until an acceptable development plan has been reviewed and approved in conformance with the requirements of this Chapter, Chapter 420, Amendments of this Title, and applicable sections of Appendix B, Subdivision Regulations, of the Municipal Code.

3.

Existing Approved Development: Certain developments designated under prior versions of the Zoning Code were designated under zoning district provisions that have since been eliminated but were approved by site plans and/or or master development plans adopted by ordinance. As a result of amendments to the Zoning Code, the zoning of some of these developments have been classified under one of the "PD" Planned Development District provisions provided for in this Section. Within these developments, the permitted and conditional uses, and all other provisions of the plans for such developments as approved by ordinance remain in full force and effect. However, changes in uses, building size, and other aspects of any such approved development shall constitute an amendment to the approved plan requiring review and approval under the requirement of this Section and other applicable sections of the Zoning Code existent at the time such changes are sought.

C.

Coordination with Appendix B, Subdivisions Regulations, of the municipal code.

1.

When a Planned Development involves any subdivision activity, the subdivision review and approval procedure requirements contained in Appendix B of the Municipal Code shall be carried out simultaneously with the review of a Planned Development under this Section of this ordinance. As applicable, reference is made to requirements in Appendix B of the Municipal Code within this Section. With regard to these references, said Title may contain the term "plat," which under the PD district requirements is intended to be synonymous with "plan" as appropriate.

2.

Since obtaining a PD district designation requires a map amendment (rezoning), the requirements and procedures of Chapter 420, Amendments, of this Title shall apply.

D.

Types of planned developments. An area approved for the PD designation shall be assigned one of the following district classifications which shall be considered a separate zoning district and subject to the specific restrictions and limitations outlined in this Section and is in keeping with the objectives as stated in [Section] 405.002, A above.

1.

Planned Development—Residential (PD-R): Planned developments involving owner-occupied residential single-family uses only on sites as identified for Planned Residential development in the City's Comprehensive Plan or on sites with frontage to an arterial roadway.

2.

Planned Development—Commercial (PD-C): Planned developments involving retail and office commercial uses only and located along and with frontage to Manchester Road.

3.

Planned Development—Mixed Use (PD-MXD): Planned developments involving owner-occupied residential uses or multi-family residential uses (rental or condominium) either of which may include commercial uses but only on property located in the C-1 or C-2 districts and with frontage to Manchester Road and/or 1-270.

E.

Permitted Uses. The permitted uses for all Planned Development Districts as provided for in (D) above are those as provided for in Chapter 404, Section 404.050 of this Title.

F.

Minimum planned development site size. The minimum site size for any of the Planned Development districts shall be as follows:

These minimum site sizes may be waived by the Board of Aldermen upon report by the Planning and Zoning Commission; if it is determined that the use proposed is desirable or necessary in relationship to the surrounding neighborhood; or, if the Board of Aldermen should determine such waiver to be in the public interest.

G.

Density and dimensional regulations and performance standards.

1.

General Standards: The approval of the Master Development Plan for such projects may provide for exceptions from the regulations associated with traditional zoning districts as may be necessary or desirable to achieve the objectives of the proposed planned development. No Planned Development shall be allowed which would result in:

a.

Inadequate or unsafe vehicular access to the development.

b.

Peak-hour traffic volumes exceeding the capacity of the adjoining or nearby streets. Capacity shall be based on a street providing "level of service D" as defined in the latest publication of Transportation and Traffic Engineers Handbook, Institute of Transportation Engineers.

c.

An undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development.

d.

A failure to comply with the standards contained in this Title or other provisions of the municipal code.

e.

Other detrimental impacts on the surrounding area including, but not limited to, visual pollution.

In addition to the above requirements, all planned developments shall be subject to the review criteria established in Chapter 412 of this Title. It shall be the responsibility of the applicant to clearly establish that the above requirements are met.

2.

Other Codes: All requirements of other codes and ordinances of the City (e.g., Building Code) shall be applicable.

3.

Planned Development—Residential (PD-R):

a.

Design and Density Requirements:

(1)

The density of any residential development shall begin with the density provided for in the existing district in which the development is proposed but, in any event, may not be greater in any PD-R development than that permitted in the Residential "D" District as set forth in Section 404.025 or as may result from the density calculations permitted by the process outlined below.

(2)

The side or rear yard requirements for the underlying existing residential district is required for any side of the development that abuts another residential district. For example, a planned residential development proposed within an "A" residential district may be approved for density development of the "D" residential district, but the side or rear yard requirements for the underlying "A" district shall apply to the portion of the development abutting any other residential district.

(3)

The density limits as permitted herein may be exceeded on portions of the site within a PD-R district if the total site density limit is not exceeded. This is referred to as "density transfer." Additionally, the total site density may be exceeded up to a limit, upon conclusion of the Planning and Zoning Commission and the Board of Aldermen that the density bonus provisions contained in paragraph c below have been satisfied. This is referred to as "density bonus."

b.

Calculation of Density:

(1)

The computation of density shall be based on dwelling units per net acre for the entire site.

(2)

To compute the number of dwelling units per net acre, fifteen (15) percent of the gross acreage of the parcel shall be deducted and the net acreage divided by the lowest minimum lot size (Residential "D" district 15,000 square feet). The following provides an example of density calculation for a 10-acre tract in any residential district:

10 acres × 43,560 square feet per acre = 435,600 sq. ft.

435,600 sq. ft. - (435,600 × 0.15) = 370,260 sq. ft.

372,260/15,000 sq. ft. min. lot size = 24.7 dwelling units

(3)

Unit density calculations resulting in partial unit numbers (as in the above example) shall be rounded up of the if resultant number is one-half (0.5) or greater and rounded down if the number is less than one-half (0.5).

Note that this example does not consider the side and/or rear yard setbacks requirements of Section 404.050, 3, a, (2) [Section 404.050.G.3.a.(2)] above which may reduce the density.

(4)

In situations where a proposed PD-R district overlaps two or more dwelling districts, density shall be calculated separately for the portions of the PD-R district in each of the original residential districts.

c.

Density Bonus: The Planning and Zoning Commission may recommend, and the Board of Aldermen may approve an increase in density within a PD-R district, up to a maximum of ten (10) percent, which shall be based on the precepts listed below. The density bonuses shall be treated as additives and not compounded.

If density bonuses (increases) are requested under this Section, the applicant shall document all site amenities or improvements for the City's review and consideration.

d.

Development Phasing: If the sequence of construction of various portions of the development is to occur in stages, then the open space and/or recreational facilities shall be developed, or legally provided for on a final plat, in reasonable proportion to the number of dwelling units intended to be developed during any given stage of construction as approved on a final plat by the Board of Aldermen. Furthermore, at no time during the construction of the project shall the number of constructed dwelling units per acre of developed land exceed the overall density per net acre established by the approved PD-R district.

e.

Non-Residential Uses in PD-R Developments: Non-residential uses are limited to those specifically listed in the dwelling zoning districts. Such non-residential uses shall be subject to all requirements for lot area, width, height, yards, and setbacks prescribed in the district in which the proposed PD-R development is located.

f.

Common Open Space Requirements:

(1)

Common open space shall comprise at least fifteen (15) percent of the gross area of the residential development or be of a size equivalent to one (1) acre for each one hundred (100) persons of expected population of the development, whichever is greater. For purposes of this paragraph, the expected population shall be determined by multiplying the total number of dwelling units times two and one-half (2.5) persons per dwelling unit.

(2)

Common open space shall be used for recreational, park or environmental amenity purposes for the collective enjoyment of the occupants of the development.

(3)

In addition to the above open space requirements, the following regulates the use of this common open space in terms of physical surface characteristics, size, location, and physical improvements therein.

(a)

Of the required common open space, up to one-half (0.5) of it may be covered by water, flood plain, storm water detention/retention facilities or left in a natural state.

(b)

The area of each parcel of open space shall not be less than six thousand (6,000) square feet in area nor less than thirty (30) feet in its smallest dimension. In addition, at least fifty (50) percent of the common open space shall be contiguous or connected via pedestrian/bicycle paths or sidewalks.

(c)

To the extent practicable, common open spaces should be distributed equitably throughout the development in relation to the dwelling units which such common open space is intended to serve. The open space shall not be isolated in one corner of a development but shall be highly accessible (physically and/or visually) to the residents of the development.

(4)

Where common open space is to be provided in a subdivided residential development, the use, operation, and maintenance of areas for common open space, common ground, and common buildings shall be guaranteed by the establishment of a trust indenture providing for such by a subdivision association or trustees. Said indenture shall be approved by the City Attorney prior to recording the indenture simultaneously with the recording of the final plat.

g.

Perimeter Buffer Requirements:

(1)

Where a PD-R development proposes residential development along the perimeter of the site, which is higher in density than that of an adjacent dwelling district, there shall be a minimum thirty (30) foot wide buffer area meeting the requirements of the adjacent district. The buffer area shall be kept free of buildings or structures and shall be landscaped or protected by natural features so that all higher-density residential buildings are effectively screened from the abutting lower density residential property.

(2)

Where a PD-R development abuts a commercial or industrial use or district, there shall be a minimum thirty (30) foot wide buffer area meeting the requirements of Section 404.035 F, 4, d, 8) [Section 404.035.D.5.d.(8)]. This buffer area shall be permanent and landscaped and/or otherwise provided with screening (i.e., sight proof fencing) to effectively screen the commercial or industrial use from the PD-R development.

4.

Planned Development—Commercial (PD-C):

a.

Site Coverage: Total site coverage by uses permitted in the PD-C or PD-I districts shall be seventy (70) percent, except as permitted to be exceeded in accordance with paragraph "b" below.

b.

Site Coverage Bonus: The Planning and Zoning Commission may recommend, and the Board of Aldermen may approve an increase in maximum site coverage from seventy (70) percent up to eighty (80) percent. To qualify for this bonus, the development plan must demonstrate compliance with four (4) or more of the following performance criteria:

(1)

Incorporate storm drainage retention facilities as a site amenity.

(2)

Install storm drainage detention facilities underground.

(3)

Increasing parking lot landscaping by fifty (50) percent more than otherwise required.

(4)

Submitting for approval developments on tracts that are five (5) or more acres in size.

(5)

Design of principal access to the development tract at an approved location that allows for shared access by an adjacent property.

(6)

Construction of separate-grade pedestrian and bicycle paths.

(7)

Providing for screened loading areas and screened trash/waste collection areas.

(8)

Demonstration of a development using innovative architectural, site planning and land use design and of such quality as to set an excellent example for subsequent development or redevelopment projects.

(9)

Any other performance criteria that further the goals, objectives, and policies of the Comprehensive Plan and that, in the opinion of the Planning and Zoning Commission and Board of Aldermen warrant the approval of development bonuses.

c.

Signage: Signage shall comply with Appendix A, "Signs," unless the applicant for a PD-C district designation elects to submit a "Comprehensive Sign Plan" in addition to the submission of other required development plan documents. The Planning and Zoning Commission may recommend, and the Board of Aldermen may approve, a Comprehensive Sign Plan and such plan shall be made part of the ordinance approving the PD district. This ordinance may contain conditions, requirements or standards regarding signs that may be stipulated by the Board of Aldermen. Comprehensive Sign Plans approved under this Section shall be evaluated based upon the following criteria:

(1)

Placement: All signs shall be placed where they are sufficiently visible and readable for their function. Factors to be considered shall include the purpose of the sign, its location relative to traffic movement and access points, site features, structures, and sign orientation relative to viewing distances and viewing angles. However, no sign shall be placed in any manner that creates sight obstructions for roadway traffic or ingress or egress to and from a property and must comply with the provisions of Chapter 406, Section 406.010, D.

(2)

Quantity: The number of signs that may be approved within any development shall be no greater than that required to provide project identification and entry signs, internal circulation and directional information to destinations and development sub-areas and business identification. Factors to be considered shall include the size of the development, the number of development sub-areas, and the division or integration of sign functions.

(3)

Size: All signs shall be no larger than necessary for visibility and readability. Factors to be considered in determining appropriate size shall include topography, volume of traffic, speed of traffic, visibility range, proximity to adjacent uses, amount of sign copy, placement of display (location and height), lettering style and the presence of distractive influences. In no event shall a plan contain a sign which exceeds by more than fifty (50) percent that of any maximum area standard contained in Appendix A, "Signs" unless otherwise waived by the Board of Aldermen.

(4)

Materials: Sign materials shall be compatible with architectural and/or natural features of the project. This may be accomplished through similarity of materials for sign structures and faces, the use of complementary colors, similarity of architectural style or the use of consistent lettering style and typography.

A request for approval for a Comprehensive Sign Plan shall accompany the request for PD-C zoning classification and shall include, but is not limited to, the following:

(1)

A site plan, depicting the proposed plan of development and illustration of proposed sign locations.

(2)

Descriptions and drawings indicating size, qualities, materials, and illumination; and

(3)

A narrative description of the common theme for signage within the development, how it relates to architectural and/or landscaping elements of the development, and how the Comprehensive Sign Plan relates to each of the criteria set forth in this Section.

d.

Perimeter Buffer Requirements: Where a PD-C development abuts a residential district, there shall be a minimum fifty (50) foot buffer area between any non-residential use and the adjacent residential district. This buffer area shall be landscaped in accordance with Section 404.035, F, 4, d, 8) [Section 404.035.D.5.d.(8)].

e.

Minimum Building Setbacks: Building setbacks shall be in accordance with the approved site plan for a PD-C or PD-1 development. Where a commercial or industrial use abuts a dwelling district, the minimum building setbacks established in the district regulations shall apply.

5.

Planned Development—Mixed Use (PD-MXD). The PD-MXD regulations are intended to provide for planned development that combines commercial, residential, and/or office uses within a parcel or an area. Multi-family development is permitted as part of a PD-MXD development but is limited to properties located west of Ballas Road within the City's existing C-1 or C-2 zoning districts. Multi-family development may be approved as a PD-MXD use as set forth below.

a.

Commercial uses are those as permitted under Chapter 404, Section 404.050 of this Title and shall comply with the requirements of Section (404.050.G.4).

b.

A multi-family development may consist of one structure or multiple structures used for residential purposes and are encouraged to provide some portion of the ground floor area dedicated to retail, service, or office businesses.

c.

No residential unit as part of a PD-MXD master development plan, whether leased to a tenant or owned in cooperative or condominium form shall be used for short-term rental purposes. Buildings developed for tenant occupancy shall require leases of not less than one year.

d.

Density: Villa, Townhouse, or Row House single-family owner-occupied residential density shall be calculated in accordance with the provisions of 404.050,3. However, multi-family development consisting of these types of units for renter occupancy shall be established in accord with the Master Development Plan approval process.

e.

Multi-Family residential (rental or condominium) density shall not exceed thirty (30) dwelling units per acre except upon recommendation of the Planning and Zoning Commission and approval of the Board of Aldermen as part of the site plan review and Master Development Plan approval process.

(1)

The density of any multi-family residential development shall begin with the site density, coverage and other site requirements provided for in the C-1 or C-2 district in which the development is proposed but will ultimately be established by the Master Development Plan as recommended by the Planning and Zoning Commission and approved by the Board of Aldermen. Unit density will be dictated by site size, setback requirements, and building height limitations.

(2)

Where abutting an existing residential district, the side or rear yard requirements shall be not less than those applicable to those in the abutting existing residential district and may be increased by the Planning and Zoning Commission in accord with the Master Development Plan approval process.

(3)

No building face, including parking garages, in the proposed development shall be closer than two hundred (200) feet to any abutting single-family residential district.

(4)

For proposed developments, building heights shall not be greater than five (5) stories. Heights shall be measured from the first floor of the building for tenant occupancy at the adjacent grade (on sloping sites, a parking garage under the first floor of the building would not count in determining building height). Building heights for proposed projects with frontage to Interstate 270 may exceed this height limitation if approved by the Planning and Zoning Commission in the site plan and Master Development Plan approval process.

(5)

Site coverage shall not be greater than seventy percent (70%) but an increase to seventy-five percent (75%) may be granted based on the criteria as established in 404.050, 3, c above.

(6)

Parking ratios shall not be less than one and one-half (1.5) spaces per unit (including required handicapped spaces) and a parking study may be requested by the Planning and Zoning Commission to ensure that adequate parking is provided for tenants and visitors.

(7)

Resident parking in multi-family developments should, to the extent possible given site conditions, be located below grade or within an attached structure. Surface parking may be allowed but surface parking in front of the building shall be limited to delivery and guest vehicles and may include drop-off or waiting areas.

f.

Signage: (see Section 404.050, G, "4, c").

H.

Other Development Regulations Applicable to PD Districts in this Title or the Municipal Code.

1.

Chapter 406, Supplementary Regulations.

2.

Chapter 410, Off-Street Parking and Loading Requirements.

3.

Appendix A, Signs, of the Municipal Code.

4.

Appendix B, Subdivision Regulations of the Municipal Code.

I.

Dedication and Reservation of Land.

Whenever a Planned Development embraces all or any part of an arterial street, collector street, drainage way or other public way which has been designated in the adopted Comprehensive Plan or other official plans of the City of Des Peres, sufficient land shall be dedicated or reserved on the development plan for said public improvements in a manner like that required of all subdivisions as specified in Chapter 410, "Subdivision Regulations," Des Peres Municipal Code.

J.

Site Plan Review and Master Development Plan. All Planned Development projects are subject to site plan review and approval of a master development plan as required under the provisions of Chapter 412 of this Title.

K.

Effect of Approval of Master Development Plan and Period of Validity.

1.

All conditions imposed as a part of any Planned Development shall run with the land and shall not lapse or be waived because of a subsequent change in ownership of any or all said area.

2.

Approval of the master development plan shall be valid for a period of two (2) years form the date of Board of Aldermen approval. If the development approved by the master development plan has not been initiated for all or a geographic portion of the plan designated as a phase of the development, then a resubmission of the master development plan shall be required if the applicant intends to construct the development as originally approved. The Board of Aldermen, upon recommendation from the Planning and Zoning Commission, may grant up to a one (1) year extension, from the date that the period of validity expired. The Board of Aldermen may reject such resubmission of the same development plan considering new facts and circumstances relating to the development plan.

3.

In no case shall a building permit be issued prior to master development plan approval.

4.

At such time the period of validity has expired, the Planning and Zoning Commission resolution approving the master development plan shall become null and void. The Board of Aldermen may initiate proceedings to rezone the property to its original or other appropriate zoning district, in accordance with the procedures and requirements of Chapter 420 of this Title.

L.

Recording of Master Development Plan.

After the final development plan (and subdivision plat, if applicable), and other associated documents have been approved by the Board of Aldermen, the applicant shall record the final development plan in accordance with provisions of Chapter 412, Section 412.015, J., of this Title.

M.

Amendments to the Master Development Plan.

1.

Minor Changes: Minor changes in the location, siting and height of buildings and structures may be authorized by the Director of Public Works if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this section shall cause any of the following:

a.

A change in the use or character of the development.

b.

An increase in building or site coverage.

c.

An increase in the intensity of use (e.g., number of dwelling units).

d.

An increase in vehicular traffic generation or significant changes in traffic access and circulation.

e.

A reduction in approved open space or required buffer areas; or

f.

A change in the record plat of any subdivision involved with the Planned Development.

2.

Plan Amendments: All proposed changes in use, or rearrangement of lots, blocks and building tracts, changes in the provision of common open spaces, and changes which would cause any of the situations listed under paragraph 1. above shall be subject to approval by the Board of Aldermen. In such event, the applicant shall file a revised development plan and be subject to the requirements of this Section as if it were an entirely new application.

(Ord. No. 2800, § 1(Exh. A), 10-9-17; Ord. No. 2963, § 3(Exh. A), 2-13-23)

A.

Intent and purpose. The intent and purpose of this section is to provide in a consolidate location a listing of the land uses permitted by right and conditionally permitted with the zoning districts established in Sections 404.010 through 404.055 of this Chapter.

B.

Permitted and special uses by district. The land uses permitted by right or subject to the Conditional Use Regulations of Chapter 408 of this Code within each district as set forth in this Chapter, Sections 404.010 through 404.055 above are listed in the Des Peres Zoning District Land Use Table that follows in this Section.

C.

Determination of uses not listed.

1.

If a particular land use is being requested by a property owner for development within a particular district and that use is not listed in the Table, then the North American Industry Classification System (NAICS) is intended to be the determining source for identifying the type of use by referring to the sub-sector data from the NAICS listing to make such determination. This procedure is provided in order to establish a recognized system of identification of land uses by both general and specific type, and to provide a way in which to determine the category or use type that a particular land use is within, the City of Des Peres.

The NAICS was jointly developed by the United State Office of Management and Budget through its Economic Classification Policy Committee and The Instituto Nacional de Estadistica y Geografia of Mexico and Statistics Canada. The most recent version of the NAICS is from 2012. However, as the nature of land uses change, this system is updated from time to time and therefore subject to change. The most recent published version of the NAICS will be the determining source for the purposes of this Section of the Zoning Code. However, the ultimate determination of the permission of a use by right or by conditional use permit will ultimately be controlled by the provisions of this Title and other related Chapters of the Municipal Code that may apply.

SECTION 404.055: PERMITTED AND CONDITIONAL USES LISTING BY ZONING DISTRICT

In the event that voters approve a ban on the operation of comprehensive marijuana dispensary facilities, this section shall be null and void as to any applications for such a use submitted on or after the date of such election.

(Ord. No. 2800, § 1(Exh. A), 10-9-17; Ord. No. 2828, § 1, 2-25-19; Ord. No. 2846, § 2, 8-12-19; Ord. No. 2963, § 2, 2-13-23; Ord. No. 2984, §§ 3, 4, 7-17-23; Ord. No. 2985, § 1(Exh. A), 7-17-23)