Ellisville City Zoning Code
ARTICLE V
Commercial Zoning Districts
Section 400.270 "C-1" Open Space Commercial Zoning District.
[R.O. 2005 §30-41; CC 1997 §30-41; Ord. No. 1863 §2, 11-3-1993; Ord. No. 1872 §§2—3, 12-15-1993; Ord. No. 1905 §§7—8, 5-18-1994; Ord. No. 2248 §1, 5-6-1998; Ord. No. 2481 §1, 2-6-2002; Ord. No. 2932 §4, 2-4-2009; Ord. No. 2942 §3, 5-20-2009; Ord. No. 2948 §4, 7-15-2009; Ord. No. 3095 §1, 12-19-2012]
A.
Purpose. The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "C-1" Open Space Commercial Zoning District. The provisions contained in this Section are applicable only to "C-1" Open Space Commercial Zoning District uses unless specifically otherwise indicated.
C.
Conditional Uses.
1.
Alarm monitoring service.
2.
Animal clinic/hospital/grooming (excluding kennels or stables).
3.
Cell towers.
4.
Church or other non-denominational place of worship.
5.
Day care center.
6.
Day Spa.
[Ord. No. 3406, 12-19-2018]
7.
Financial institution.
8.
Hospital.
9.
Liquor sales in conjunction with permitted uses and conditional uses.
10.
Museum.
11.
Nursing home facility.
12.
Parking on a lot adjacent to or separated by a public street from primary commercial property for use by employees of said primary facility only.
13.
Post office.
14.
Private, civic, fraternal or charitable club.
15.
Public building—other agency.
16.
Recreation facility, public or private.
17.
Retail sales.
18.
School, college (other than public).
19.
Utility facility or substation.
E.
Parking Requirements.
1.
No motor vehicle licensed in excess of eighteen thousand (18,000) pounds gross vehicle weight may be parked in this zoning district with the exception of vehicles while making local deliveries.
F.
Area Requirements.[1]
1.
Minimum lot area. One-half (½) acre (twenty-one thousand seven hundred eighty (21,780) square feet).
2.
Maximum floor area. Twenty percent (20%) of total lot area.
3.
Minimum front building setback line. Consistent with the residential setback on the subject street except those fronting on Manchester Road, Clarkson Road, Clayton Road and Old State Road where the minimum front building setback line is to be one hundred ten (110) feet from the centerline of the road right-of-way.
Exception. The front building setback for properties within the Town Center, as defined in Section 400.090, shall be twenty (20) feet from the front property line, or as may be approved by the City Council. However, to make use of this exception, all parking shall be located behind the front building line. Pedestrian accommodations and amenities, including, but not limited to, sidewalks, street furniture, pedestrian level lighting, and landscaping, shall be provided within the front setback, between the building facade and street, as required by the City Council. |
4.
Minimum width of side yard. Ten (10) feet, except on the side of a lot abutting a residential zoning district in which case there shall be a side yard of not less than twenty-five (25) feet.
5.
Minimum depth of rear yard.
a.
Permitted uses. Thirty-five (35) feet which shall be a no build zone free of any structures and other surface or above surface infrastructural improvements exclusive of those required by the City or utility companies and not be utilized in any manner in conjunction with the operation of any business activity on the subject parcel. Landscaped buffer areas required by Section 400.485 may be within the rear yard.
b.
Conditional uses. Twenty-five percent (25%) of the subject parcel or fifty (50) feet, whichever is smaller, shall be a no build zone free of any structures and other surface or above surface infrastructural improvements exclusive of those required by the City or utility companies and not be utilized in any manner in conjunction with the operation of any business activity on the subject parcel. Landscaped buffer areas required by Section 400.485 may be within the rear yard.
6.
Maximum lot coverage. Buildings, drives, parking spaces and surfaced areas shall not exceed sixty percent (60%) of the lot area.
7.
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, in no case shall the front yard depth be less than established for that street.
8.
Structure height setback. Radio or television towers, water tanks and other necessary appurtenances shall be set back from all yard lines at least one (1) foot for each foot of height or in conformance with applicable provisions, whichever is greater.
G.
Height Requirements.
H.
Exterior Finish Requirements.
1.
When a structure is constructed, enlarged or remodeled in this zoning district, such a structure shall be approved by the Architectural Review Board.
2.
Any exterior construction material must be approved by a majority vote of the Architectural Review Board. Presentation of construction materials shall include renderings, photos, blueprints and other graphic aids as may be required to define the appearance of the finished product as well as its durability as to exterior construction.
Section 400.280 "C-2" General Office Zoning District.
[R.O. 2005 §30-42; CC 1997 §30-42; Ord. No. 1872 §§4—5, 12-15-1993; Ord. No. 1905 §§9—10, 5-18-1994; Ord. No. 2481 §2, 2-6-2002; Ord. No. 2853 §§1—2, 11-7-2007; Ord. No. 2932 §5, 2-4-2009; Ord. No. 2942 §§4—5, 5-20-2009; Ord. No. 2948 §4, 7-15-2009; Ord. No. 3095 §1, 12-19-2012]
A.
Purpose. The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "C-2" General Office Zoning District. The provisions contained in this Section are applicable only to "C-2" General Office Zoning District uses unless specifically otherwise indicated.
C.
Conditional Uses.
1.
Alarm monitoring service.
2.
Animal clinic/hospital/grooming (excluding kennels or stables).
3.
Cell towers.
4.
Church or other non-denominational place of worship.
5.
Day care center.
6.
Day Spa.
[Ord. No. 3406, 12-19-2018]
7.
Financial institution.
8.
Hospital.
9.
Liquor sales in conjunction with permitted uses and conditional uses.
10.
Museum.
11.
Nursing home facility.
12.
Post office.
13.
Private, civic, fraternal or charitable club.
14.
Public building—other agency.
15.
Recreation facility, public or private.
16.
Retail sales.
17.
Retirement complex.
18.
School, college (other than public).
19.
Utility facility or substation.
20.
Office use (including outdoor storage).
D.
Accessory Uses.
1.
Accessory uses customarily incidental to the above uses, located and operated only from within a principal structure, not exceeding ten thousand (10,000) square feet and consisting of no more than fifteen percent (15%) of the gross floor area may be operated in this zoning district.
2.
Any building used primarily for any of the above enumerated purposes may have not more than twenty-five percent (25%) of the floor area devoted to storage purposes incidental to such primary use.
E.
Parking Requirements. No motor vehicle licensed in excess of eighteen thousand (18,000) pounds gross vehicle weight may be parked in this zoning district with the exception of vehicles while making local deliveries.
Within the town center, as defined in Section 400.090, parking shall be located behind the front building line.
F.
Area Requirements.[1]
1.
Minimum lot area. One-half (½) acre (twenty-one thousand seven hundred eighty (21,780) square feet).
2.
Minimum front building setback line. Consistent with the residential setback on the subject street except those fronting on Manchester Road, Clarkson Road, Clayton Road and Old State Road where the minimum front building setback line is to be one hundred ten (110) feet from the centerline of the road right-of-way.
Exception. The front building setback for properties within the Town Center, as defined in Section 400.090, shall be twenty (20) feet from the front property line, or as may be approved by the City Council. However, to make use of this exception, all parking shall be located behind the front building line. Pedestrian accommodations and amenities, including, but not limited to, sidewalks, street furniture, pedestrian level lighting, and landscaping, shall be provided within the front setback, between the building facade and street, as required by the City Council.
3.
Minimum width of side yard. Ten (10) feet except on the side of a lot abutting a residential zoning district in which case there shall be a side yard of not less than twenty-five (25) feet.
4.
Minimum depth rear yard. Twenty-five (25) feet. Landscaped buffer areas required by Section 400.485 may be within the rear yard.
5.
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, in no case shall the front yard depth be less than established for that street.
6.
Building/structure height setback. A building or structure shall be set back from the property line at least one (1) foot for each foot of height when abutting a residential zoning district or in conformance with other applicable provisions, whichever is greater.
G.
Height Requirements.
1.
The maximum height for any structure in this district is two (2) stories or thirty (30) feet. Any structure in excess of two (2) stories or thirty (30) feet will not be allowed except as a conditional use.
2.
The maximum height of church and temple spires and steeples is seventy-five (75) feet, provided that the building is set back from all yard lines at least one (1) foot for each foot of height or in conformance with other applicable provisions, whichever is greater.
H.
Exterior Finish Requirements.
1.
When a structure is constructed, enlarged or remodeled in this zoning district, such a structure shall be approved by the Architectural Review Board.
2.
Any exterior construction material must be approved by a majority vote of the Architectural Review Board. Presentation of construction materials shall include renderings, photos, blueprints and other graphic aids as may be required to define the appearance of the finished product as well as its durability as to exterior construction.
Section 400.290 "C-3" Commercial Zoning District.
[R.O. 2005 §30-43; CC 1997 §30-43; Ord. No. 1872 §§6—7, 12-15-1993; Ord. No. 1905 §§11—12, 5-18-1994; Ord. No. 2138 §1, 2-5-1997; Ord. No. 2266 §3, 7-1-1998; Ord. No. 2481 §3, 2-6-2002; Ord. No. 2541 §1, 2-5-2003; Ord. No. 2932 §6, 2-4-2009; Ord. No. 2948 §4, 7-15-2009; Ord. No. 3095 §1, 12-19-2012; Ord. No. 3139 §1, 12-4-2013; Ord. No. 3171 §4, 8-20-2014; Ord. No. 3210 §2, 2-18-2015; Ord. No. 3213 §1, 3-23-2015; Ord. No. 3222 §1, 7-15-2015; Ord. No. 3249 §5, 12-16-2015; Ord. No. 3264 §1, 3-16-2016; Ord. No. 3312 § 2, 3-15-2017; Ord. No. 3331 § 2, 5-17-2017; Ord. No. 3345 § 2, 8-16-2017; Ord. No. 3370, 4-18-2018; Ord. No. 3372, 4-18-2018; Ord. No. 3377, 5-16-2018; Ord. No. 3406, 12-19-2018; Ord. No. 3415, 4-17-2019; Ord. No. 3428, 8-21-2019; Ord. No. 3531, 9-21-2022; Ord. No. 3542, 2-1-2023; Ord. No. 3562, 11-15-2023; Ord. No. 3604, 5-21-2025]
A.
Purpose. The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "C-3" Commercial Zoning District. The provisions contained in this Section are applicable only to "C-3" Commercial Zoning District uses unless specifically otherwise indicated.
B.
Permitted Uses. No permitted use shall exceed fifty thousand (50,000) square feet in gross floor area. The following are permitted uses within this zoning district:
Aerobic exercise facility. |
Alarm monitoring service. |
Animal clinic/hospital/grooming (excluding kennels or stables). |
Appliance/building component sales or service. |
Auto parts and accessory shops. |
Barbershop, beauty parlor and cosmetic services. |
Bicycle sales and repair. |
Bookstore/newsstand. |
Business clerical service. |
Card and gift shop. |
Christmas tree lot as defined in Section 400.090. |
Computer hardware, software and supplies. |
Cosmetic tattooing. |
Dance lesson studio. |
Day spa. |
Diet/nutrition center. |
Drive-through facilities (except drive-through for food and beverage). |
Dry cleaning/laundry/dyeing establishment and service. |
Electronic/radio and television sales and service. |
Eye care facility. |
Fabric store. |
Florist. |
Food/beverage specialty shop. |
General office and medical office. |
Grocery store. |
Hardware store. |
Heating and cooling sales office (excluding component fabrication). |
Hobby/arts and crafts store. |
Home and office maintenance services. |
Hotel/motel. |
Lawn and garden shop, including equipment sales and service. |
Mini-shop as defined in Section 400.090. |
Multitenant retail building. |
Museum. |
Musical instruments, sales and rental. |
No-impact home-based business in conjuction with any valid residential use. |
Outdoor dining (with and without table service). |
Pet shop. |
Pharmacy. |
Photography studio/film processing, photo sales and service. |
Print shop: an establishment in which the principal business consists of duplicating and printing services using photocopy, blueprint or offset printing equipment, including publishing, binding and engraving. |
Post office. |
Public building, City. |
Recreation facility, public or private. |
Rental or leasing of passenger motor vehicles facility, as defined in Section 400.090. |
Restaurant, cafeteria, catering service. |
Sales of wall or floor coverings, fixtures, furniture and upholstering. |
Sales of wearing apparel/jewelry. |
School, college (other than public). |
Shoe repair. |
Shopping center. |
Sporting goods store. |
Tailoring. |
Tanning, exercise facility. |
Toy store. |
Travel agency. |
Videocassettes, rental and sales. |
C.
Conditional Uses.
All permitted uses exceeding fifty thousand (50,000) square feet in gross floor area. |
Any retail sales business not specifically listed as "permitted" (exclusive of adult entertainment facility, and manufacturing or light industrial uses as determined by the Planning Director). |
Automobile repair. |
Automobile service. |
Automobile wash. |
Boarding kennel. |
Cell towers. |
Church or other non-denominational place of worship. |
Cigar bar. |
Comprehensive marijuana cultivation facility. |
Comprehensive marijuana dispensary facility. |
Comprehensive marijuana-infused products manufacturing facility. |
Convenience store. |
Craft/microbrewery, cidery, winery or distillery. |
Day-care center. |
Drive-through for food and beverage. |
Dwelling, multi-family. |
Dwelling, two-family. |
Gasoline filling station (as per Section 400.333). |
Hookah lounge. |
Liquor sales in conjunction with permitted uses and conditional uses. |
Marijuana microbusiness dispensary facility. |
Marijuana microbusiness wholesale facility. |
Marijuana testing facility. |
Massage therapy services. |
Medical marijuana cultivation facility (indoor). |
Medical marijuana dispensary facility. |
Medical marijuana-infused products manufacturing facility. |
Medical marijuana testing facility. |
Mortuary. |
Motor vehicle sales with or without ancillary rental or leasing. |
Nursing home and facilities. |
Pet day-care facility |
Pet training facility |
Private, civic, fraternal or charitable club. |
Resale/consignment shop. |
Retirement complex. |
Short-term residential rentals. |
Tattooing establishments |
Utility facility or substation. |
Vapor lounge. |
E.
Parking Requirements.
1.
No motor vehicle licensed in excess of eighteen thousand (18,000) pounds gross vehicle weight may be parked or allowed to otherwise stand or idle in this zoning district unless said vehicle is owned, leased or controlled by the entity authorized to operate at the location where said vehicle is to be parked. No trailer, storage or hauling portion of a truck or of any other motor vehicle may be parked or allowed to otherwise stand or operate in this zoning district unless said vehicle is owned, leased or controlled by the entity authorized to operate at the location where said vehicle is to be parked.
Within the Town Center, as defined in Section 400.090, parking shall be located behind the front building line.
F.
Area Requirements.[1]
1.
Minimum Lot Area. One-half (½) acre twenty-one thousand seven hundred eighty (21,780) square feet].
2.
Minimum Front Building Setback Line. One hundred ten (110) feet from the center line of the road right-of-way along Manchester Road, Clarkson Road, Clayton Road, Old State Road and Kiefer Creek Road. Where the front of a commercial lot and/or use abuts a residential side street, the minimum front yard setback from the residential street shall be consistent with the residential setback.
Exception. The front building setback for properties within the Town Center, as defined in Section 400.090, shall be twenty (20) feet from the front property line, or as may be approved by the City Council. However, to make use of this exception, all parking shall be located behind the front building line. Pedestrian accommodations and amenities, including, but not limited to, sidewalks, street furniture, pedestrian level lighting, and landscaping, shall be provided within the front setback, between the building facade and street, as required by the City Council. |
3.
Minimum Width Side Yard. Ten (10) feet, except on the side of a lot abutting a residential zoning district in which case there shall be a side yard of not less than twenty-five (25) feet.
Exception: When the side yard of a lot upon which a gasoline filling station use is conducted abuts residentially zoned lot(s) and/or residential use(s), the minimum side yard width [on the side abutting the residentially zoned lot(s) and/or residential use(s)] shall be one hundred fifty (150) feet. |
4.
Minimum Depth Rear Yard. Twenty-five (25) feet. Landscaped buffer areas required by Section 400.485 may be within the rear yard.
Exception: When the rear yard of a lot upon which a gasoline filling station use is conducted abuts residentially zoned lot(s) and/or residential use(s), the minimum rear yard width [on the side abutting the residentially zoned lot(s) and/or residential use(s)] shall be one hundred fifty (150) feet. |
5.
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot. In no case shall the front yard depth be less than established for that street.
6.
Building/Structure Height Setback. A building or structure shall be set back from the property line at least one (1) foot for each foot of height when abutting a residential zoning district or in conformance with other applicable provisions, whichever is greater.
7.
Exception. The area requirements for the Clarkson Clayton planned unified shopping center are set forth in Ordinance No. 876, as amended. In the event of a conflict with this area requirements Subsection, the site-specific provisions of Ordinance No. 876, as amended, shall control and prevail over any inconsistent provision in this area requirements Subsection.
G.
Height Requirements.
1.
The maximum height for any structure in this district is two (2) stories or thirty (30) feet. Any structure in excess of two (2) stories or thirty (30) feet will not be allowed except as a conditional use.
2.
The maximum height of church and temple spires and steeples is seventy-five (75) feet, provided that the building is set back from all yard lines at least one (1) foot for each foot of height or in conformance with applicable provisions, whichever is greater.
H.
Exterior Finish Requirements.
1.
When a structure is constructed, enlarged or remodeled in this zoning district, such a structure shall be approved by the Architectural Review Board.
2.
Any exterior wall construction material must be approved by a majority vote of the Architectural Review Board. Presentation of alternative construction materials as provided by the Section shall include renderings, photos, blueprints and other graphic aids as may be required to define the appearance of the finished product as well as its durability as to exterior wall construction.
I.
Site Design Requirements.
1.
All new construction within this zoning district shall require the dedication of road right-of-way or other improvements as prescribed by the City.
J.
When the rear or side yard of a residential use lot abuts any commercial use lot and no landscaped buffer area complying with the provisions of Section 400.170 of this Chapter exists or is required on the commercial use lot abutting the residential use lot, a minimum of a twenty-five-foot landscaped buffer area shall be established and maintained along all rear and side property lines or as is required by specific zoning district requirements, whichever is greater. The buffer area shall contain evergreen plant material, as specified by the City Planner, with a minimum height of six (6) feet, planted on ten-foot centers. A fence located within the buffer shall be provided and maintained as required by Section 400.360 unless otherwise specified by the Council. Landscaped buffer areas required by this Section may be located within the rear yard where allowed.
Section 400.300 "C-4" Ellisville Business Park Zoning District.
[R.O. 2005 §30-45; CC 1997 §30-45; Ord. No. 1905 §16, 5-18-1994; Ord. No. 2266 §5, 7-1-1998; Ord. No. 2481 §5, 2-6-2002; Ord. No. 2932 §7, 2-4-2009; Ord. No. 2948 §4, 7-15-2009; Ord. No. 3095 §1, 12-19-2012; Ord. No. 3169 §2, 8-20-2014; Ord. No. 3210 §3, 2-18-2015; Ord. No. 3222 §1, 7-15-2015; Ord. No. 3277 §2, 4-20-2016; Ord. No. 3312 § 2, 3-15-2017; Ord. No. 3331 § 3, 5-17-2017; Ord. No. 3345 § 3, 8-16-2017; Ord. No. 3372, 4-18-2018; Ord. No. 3406, 12-19-2018; Ord. No. 3415, 4-17-2019; Ord. No. 3428, 8-21-2019; Ord. No. 3531, 9-21-2022; Ord. No. 3542, 2-1-2023; Ord. No. 3604, 5-21-2025]
A.
Purpose. The regulations set forth in this Section or set forth elsewhere in the Chapter, when referred to in this Section, are the regulations in the "C-4" Ellisville Business Park Zoning District and are designed to maintain an established business park zoning classification as conforming for purposes of Section 400.120 with all site-specific development plans and regulations.
B.
Applicability Of Provisions Of This Section. The provisions of this Section are contained in Ordinance Numbers 1082, 1173, 1175, 1350, 1384 and 1461, with the exception of enumerated permitted and conditional uses and numbers thereof, as amended, in any of the aforesaid ordinances. In the event of a conflict with this Section or other provisions of this Chapter, the site-specific provisions of Ordinance Numbers 1082, 1173, 1175, 1350, 1384 and 1461 shall control and prevail over any inconsistent provision in this Chapter, with the exception of application requirements, development procedures and permitted or conditional uses enumerated in this Section, Chapter and Code.
C.
Permitted Uses.
Cosmetic tattooing. |
Day spa. |
General office and medical office. |
Hotel/motel. |
Mini-shop as defined in Section 400.090. |
Municipal open-air market. |
Outdoor dining without table service. |
Public building — City. |
Restaurant, cafeteria, catering service. |
Sporting goods store. |
Toy store. |
D.
Conditional Uses.
Alarm monitoring service. |
Animal clinic/hospital/grooming (excluding kennels or stables). |
Any retail sales business not set forth as a permitted use, exclusive of adult entertainment facility, manufacturing or light industrial uses as determined by the Planning Director. |
Automobile repair. |
Automobile service. |
Automobile wash. |
Cell towers. |
Church or other non-denominational place of worship. |
Circus. |
Comprehensive marijuana cultivation facility. |
Comprehensive marijuana dispensary facility. |
Comprehensive marijuana-infused products manufacturing facility. |
Craft/microbrewery, cidery, winery or distillery. |
Drive-through. |
Dwelling, two-family. |
Dwelling, multi-family. |
Florist. |
Food/beverage specialty shop. |
Grocery store. |
Liquor sales in conjunction with permitted uses and conditional uses. |
Marijuana microbusiness dispensary facility. |
Marijuana microbusiness wholesale facility. |
Marijuana testing facility. |
Massage therapy services. |
Medical marijuana cultivation facility (indoor). |
Medical marijuana cultivation facility (outdoor). |
Medical marijuana dispensary facility. |
Medical marijuana testing facility. |
Medical marijuana-infused products manufacturing facility. |
Motor vehicle sales with or without ancillary rental or leasing. |
Multi-tenant retail building. |
Museum. |
No-impact home-base businesses in conjunction with any valid residential use. |
Nursing home and facilities. |
Outdoor dining with table service. |
Post office. |
Private, civic, fraternal or charitable club. |
Recreation facility, public or private. |
Resale/consignment shop. |
Retail sales. |
Retirement complex. |
School, college (other than public). |
Shopping center. |
Short-term residential rentals. |
Storage facility. |
Temporary food vendor, on lots utilized for permitted or conditionally approved uses. |
Truck rental facility. |
Used motor vehicle sales. |
Utility facility or substation. |
E.
Height Requirements. No building or structure shall exceed three (3) stories or fifty-five (55) feet in height, this being in compliance with the Metro West Fire Protection District's regulations and requirements, except for those structures within five hundred (500) feet of the Sunnyridge Subdivision, which shall not exceed one (1) story or twenty (20) feet in height.
F.
Area Requirements.[1]
1.
The total area occupied by any building or storage area shall not cover more than seventy percent (70%) of the lot or tract on which same is erected or maintained.
2.
There shall be no open storage of any products or inventory, except as permitted pursuant to Section 400.420(E)(2).
3.
Minimum lot frontage for lots proposed shall be one hundred (100) feet and a minimum depth of one hundred fifty (150) feet. Irregular shaped lots may deviate from these requirements, provided the intent of this Section shall be satisfied.
4.
Front Yard. No structure or part of a structure shall be erected within thirty (30) feet of any public or private roadway right-of-way line.
Exception. The front building setback for properties within the Town Center, as defined in Section 400.090, shall be twenty (20) feet from the front property line, or as may be approved by the City Council. However, to make use of this exception, all parking shall be located behind the front building line. Pedestrian accommodations and amenities, including, but not limited to, sidewalks, street furniture, pedestrian-level lighting, and landscaping, shall be provided within the front setback, between the building facade and street, as required by the City Council.
5.
Side Yard. No structure or part of a structure shall be erected within twenty (20) feet of a side lot line or within one hundred (100) feet of a side lot line when a change in zoning causes the side of a lot to abut a residential lot and/or use already in existence at the time of the change in zoning.
6.
Rear Yard. No structure or part of a structure shall be erected within twenty-five (25) feet of a rear lot line or within one hundred (100) feet of a rear lot line when a change in zoning causes the side of a lot to abut a residential lot and/or use already in existence at the time of the change in zoning.
7.
When a change in zoning causes a lot to abut a residential lot and/or use already in existence at the time of the change in zoning, no structure or part of a structure shall be erected within one hundred (100) feet of any residential lot and/or use.
8.
No structure or part of a structure shall be erected within three hundred (300) feet of the Sunnyridge Subdivision unless Subsection (F)(7) above is more restrictive.
9.
A minimum of fifty (50) feet of the above buffer zones shall be planted with shade trees having a minimum diameter of six (6) inches at their base and spaced no more than twenty-five (25) feet apart. These trees shall be of the species listed in Section 405.420 of this Code. With regard to the area of property bordering residential property located in the City along the north property line of the area, the buffer zone requirement shall be as described above, but with the inclusion of an earthen berm fifteen (15) feet in height, with provisions for the natural flow of stormwater and with the option of providing comparably sized evergreen trees at suitable spacing subject to the specific approval of the Council after review of a landscape drawing adequately describing the proposed buffer. The buffer shall be continuous along this property line, unless the Council chooses to allow piecemeal development of the area.
H.
Signs And Advertising Devices. Specific sign regulations for this planned business park district shall be the same as those contained in Chapter 410, Signs and Advertising Devices, of this Code.
I.
Construction Materials. Materials selected for wall, floor and roof construction shall comply with provisions of the City Building Code. Any exterior construction material must be approved by a majority vote of the Architectural Review Board. Presentation of construction materials shall include renderings, photos, blueprints and other graphic aids as may be required to define the appearance of the finished product as well as its durability as to exterior construction.
J.
Performance Standards. All uses within this district shall be subject to and governed by the provisions of Section 400.170 of this Chapter.
K.
When the rear or side yard of a residential use lot abuts any commercial or institutional use lot and no landscaped buffer area complying with the provisions of Section 400.170 of this Chapter exists or is required on the commercial use lot abutting the residential use lot, a minimum of a twenty-five-foot landscaped buffer area shall be established and maintained along all rear and side property lines or as is required by specific zoning district requirements, whichever is greater. The buffer area shall contain evergreen plant material, as specified by the City Planner, with a minimum height of six (6) feet, planted on ten-foot centers. A fence located within the buffer shall be provided and maintained as required by Section 400.360 unless otherwise specified by the Council. Landscaped buffer areas required by this Section may be located within the rear yard where allowed. Additional buffering measures may be imposed by any conditional use permit for residential use to mitigate any negative impacts of abutting commercial or institutional uses.
L.
Construction To Comply With Building Code. Any construction within this planned business park district shall be in conformity with the Building Code of the City.
M.
Construction Fees. All construction fees as set out in this Code shall be applicable to this planned business park district.
N.
Trash Containers. Any trash containers located anywhere within this planned business park district shall be enclosed by brick enclosures and be sight-proof with sight-proof gates.
O.
Rooftop Machinery. No air conditioners or other mechanical devices which generate noise shall be placed on the roof of any structure within the planned business park district unless the units are completely buffered by an extension of the building roofline or buffered enclosure to reduce the noise emitted from said machinery.
P.
Creek Bank Stabilization. Developers shall incorporate creek bank stabilization as necessary along the banks of Caulks Creek with the goal of preventing undue stormwater erosion. Such stabilization shall be approved by the City Planner.
Section 400.310 "C-5" Planned Commercial District.
[R.O. 2005 §30-47; Ord. No. 2313 §1, 4-21-1999; Ord. No. 2481 §6, 2-6-2002; Ord. No. 2932 §8, 2-4-2009; Ord. No. 2948 §4, 7-15-2009; Ord. No. 3095 §1, 12-19-2012;Ord. No. 340112-19-2018]
A.
Purpose. This Section contains the district regulations of the "C-5" Planned Commercial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference. The Planned Commercial District may be described in the manner outlined below. The "C-5" Planned Commercial District encompasses areas where developments and uses authorized in any of the other "C" Commercial Districts may be located. It is the purpose of these regulations to facilitate the establishment of combinations of developments and uses for which no provision is made in any other single "C" Commercial District or the establishment of developments and uses in locations appropriate under approved site plans and conditions. Such approved plans and conditions shall be consistent with good planning practice and compatible with permitted developments and uses in adjoining districts, so as to protect the general welfare. Development and uses authorized in any Planned Commercial District will be based on guidance from the land use element narrative and land use plan contained in the currently adopted Ellisville Comprehensive Plan.
B.
Permitted Uses. The following land uses and developments are permitted in this district:
1.
Authorized land uses and developments shall be established in the conditions of the ordinance governing the particular Planned Commercial District; specific uses may include those uses designated as permitted, accessory or conditional uses in any of the "C" Commercial Districts.
C.
Performance Standards. All uses established in a Planned Commercial District shall operate in accord with "performance standards" as contained in Section 400.170. These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance governing the particular Planned Commercial District.
D.
Height Requirements. The total height of any structure shall be limited to thirty (30) feet unless higher heights are conditioned with setback, landscape buffer, fence and/or wall requirements.
E.
Area Requirements. The lot area, development limitation and yard requirements for land uses in this district shall be as follows:
1.
Minimum Lot Area. No minimum lot area shall be required for this district, but lot dimensions shall be sufficient to meet other requirements set forth in this Section or in the conditions of the ordinance governing the particular Planned Commercial District.
2.
Development Limitations. Not more than one (1) dwelling unit per each twelve thousand (12,000) square feet of lot area designated for such use shall be permitted in structures containing offices with affiliated dwelling units.
3.
Minimum Yard Requirements — General. Setbacks for parking areas, internal drives, loading spaces and structures shall be established in the conditions of the ordinance governing the particular Planned Commercial District. The required setbacks shall be of appropriate size to ensure compatibility with adjoining developments or uses, and to mitigate, to a reasonable degree, any negative impacts associated with the planned development.
Boundary walls or fences, six (6) feet in height or less, are permitted within the minimum yard requirements, unless otherwise restricted in the conditions of the ordinance governing the particular Planned Commercial District.
4.
Pedestrian Accommodations And Amenities. Pedestrian accommodations and amenities, including, but not limited to, sidewalks, street furniture, pedestrian level lighting, and landscaping, shall be provided within the front setback, between the building facade and street.
F.
Off-Street Parking And Loading Requirements. The required off-street parking and loading requirements for any use or building in a Planned Commercial District shall be as set forth in Section 400.490, Parking and Loading Requirements.
Within the Town Center, as defined in Section 400.090, parking shall be located behind the front building line.
G.
Sign Regulations. Specific sign regulations shall be the same as those contained in Chapter 410, Signs and Advertising Devices of the Municipal Code.
I.
Establishment. A "C-5" Planned Commercial District and approval of the associated site development concept plan may be established on a tract of land in single ownership or management control. A "C-5" Planned Commercial District is established by ordinance of the Council in the same manner that other mapped districts are established where the Council determines that any particular tracts or areas should be developed for commercial use, but because of possible conflicts with adjoining uses, more development control is necessary to protect the general welfare than is possible under the regulations of the other "C" Commercial Districts.
1.
Application. The owner or owners of record or owners under contract of a lot or tract of land or their authorized representatives shall petition the City on forms prescribed for this purpose. These forms are to be submitted to the City Planner and accompanied by the following:
a.
Filing fee per requirements;
b.
Legal description of the property;
c.
Outboundary plat of the property;
d.
Site development concept plan depicting, but not limited to, the following:
(1)
Proposed Uses. Permitted uses, conditional uses, accessory uses including maximum floor areas.
(2)
Structures And Parking Areas. In single-lot developments approximate location of buildings and other structures as well as parking areas shall be indicated. In multiple-lot developments, conceptual location and configuration of buildings, approximate locations of common ground areas, major utility easements and storm water retention areas shall be indicated.
(3)
Performance standards;
(4)
Height limitations;
(5)
Minimum yard requirements, including dimensions, for all structures, parking areas, internal drives, loading spaces and structures;
(6)
All fences and walls;
(7)
Off-street parking and loading facilities, including a table depicting proposed and required parking requirements;
(8)
Existing and proposed contours at vertical intervals of not more than five (5) feet referred to sea level datum. Floodplain areas shall be delineated;
(9)
Approximate location of all isolated trees having a trunk diameter of six (6) inches or more, all tree masses and proposed landscaping;
(10)
Two (2) section profiles through the site showing preliminary building form, existing natural grade and proposed final grade;
(11)
Proposed ingress and egress to the site, including adjacent streets and approximate alignments of internal roadway systems;
(12)
Preliminary plan for sanitation and storm drainage facilities.
2.
Staff Procedure. The City Planner shall review the submittal for deficiencies. Within fifteen (15) days of receipt of the application, the City Planner shall notify the applicant of any deficiencies or the application shall be accepted for consideration before the Planning and Zoning Commission, unless said timeframe is mutually waived. Applicant must respond to the City Planner's list of deficiencies within thirty (30) days or the application is deemed void, unless such timeframe is mutually waived. Applications are scheduled for consideration by Planning and Zoning when all submission requirements are met. Upon receipt of the application, which has been determined to be complete by the City Planner, the application shall be referred to the Planning and Zoning Commission. However, if staff determines an application to be incomplete, the applicant may request, in writing, that the application be forwarded to the Planning and Zoning Commission nonetheless.
3.
Planning And Zoning Commission Procedure. The Planning and Zoning Commission shall hold a public hearing before their body. The Planning and Zoning Commission shall investigate and make a report and recommendation on such proposed "C-5" Planned Commercial District and associated Site Development Concept Plan. The recommendation shall be based upon general planning considerations, including consistency with good planning practices and compatibility with adjoining permitted developments and uses. A recommendation of approval shall include recommended conditions to be included in the ordinance authorizing the establishment of the Planned Commercial District or approval of the site development concept plan in a Planned Commercial District. Such report and recommendation shall be filed with the Council within sixty (60) days of official submission to the Commission unless said time period is extended by mutual agreement in writing. The failure of the Commission to act within sixty (60) days after the date of official submission to it shall be deemed approval. The "date of official submission" shall mean the date of the first official Planning and Zoning Commission meeting during which the application is received and placed on the agenda for consideration.
4.
City Council Procedure. Upon receipt of the report and recommendation of the Planning and Zoning Commission, the Council shall hold a public hearing in relation to the application. The City Council may, at its discretion, add to or delete conditions recommended by the Planning and Zoning Commission. The City Council may refer the application back to the Planning and Zoning Commission for further study before making its final decision. The decision rendered by the City Council shall require a simple majority vote except that a vote of at least two-thirds (2/3) of all the members of the City Council will be required to approve any application which fails to receive a favorable Planning and Zoning Commission recommendation.
5.
Final Site Development Plan. After passage by the Council of an ordinance authorizing the establishment of a Planned Commercial District and approval of the site development concept plan, a final plan(s) shall be submitted to the City Planner for review and approval. The City Planner shall ascertain the final plan(s) complies with the minimum and maximum requirements established in the conditions of the specific ordinance governing the Planned Commercial District and, further, complies with provisions of the subdivision ordinance and other applicable City ordinances. Within sixty (60) days of approval, the final site development plan shall be recorded with the St. Louis County Recorder of Deeds and thereby authorize development as depicted thereon.
J.
Procedure For Amendment Of Conditions Or Recorded Plans. In order to amend the provisions of an existing "C-5" District ordinance or to amend the recorded site development plan approved for the Planned Commercial District, the procedure shall be as follows:
1.
The property owner or authorized representative shall submit a written request to amend ordinance conditions or to amend the recorded site development plan approved for the Planned Commercial District to the City Planner for review.
2.
Upon receipt of the City Planner's review, the Planning and Zoning Commission shall conduct a public hearing on the proposed amendment in accord with proceedings specified in Section 400.180, Zone Changes to the zoning ordinance. The Planning and Zoning Commission shall then review the proposed ordinance amendment and forward a recommendation to the Council.
3.
The Council will make the final determination of the matter after conducting a public hearing.
4.
All amendments to site development plans shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Council approval.
5.
Exception. Minor revisions to the recorded site development plan(s), which comply with the minimum and maximum requirements established in the conditions of the specific ordinance governing the Planned Commercial District, the provisions of the subdivision ordinance and other applicable City ordinances, may be approved by the City Manager.
K.
Guarantee Of Improvements. Unless otherwise provided for in the conditions of the ordinance governing a particular Planned Commercial District, no building permits or permits authorizing the occupancy or use of a building, facility, commercial establishment or service concern may be issued until required related off-site improvements are constructed or a performance bond, escrow or other acceptable instrument is posted covering their estimated cost as determined by the City Engineer. This requirement shall not apply to foundation permits or permits necessary for the installation of required related off-site improvements. Required related off-site improvements, shall include, but not be limited to, streets, sidewalks, sanitary and storm sewers, street lights and street trees. If a Planned Commercial District is developed in sections, the requirement shall also apply to all major improvements necessary to the proper operation and function of the section in question, even though such improvements may be located outside of the section in question.
L.
Failure To Commence Construction. Substantial construction shall commence within six (6) months of recording the final site development with the St. Louis County Recorder of Deeds, unless such time period is extended by the City Engineer. "Substantial construction" is defined as the completion of excavation for footings and foundations. If substantial construction or development does not begin within the time period specified in the conditions of the ordinance governing the district or extensions authorized therein, the Planning and Zoning Commission may within forty-five (45) days call for a new public hearing to revert the property to its prior zoning classification in accord with proceedings specified in Section 400.180, Zone Changes to the zoning ordinance. No building or occupancy permit shall be issued for the development or use of the property until completion of action by the Council on the proceedings to rezone the property in accord with the provisions of the above noted Section.