Eureka City Zoning Code
ARTICLE XIV
"CUP" Community Unit Plan
Section 23-140 Submission and Review of Plans.
[Ord. No. 646 §2; Ord. No. 1265 §2, 11-19-1996; Ord. No. 1504 §1, 1-16-2001]
The owner of any tract of land comprising an area of not less than ten (10) acres may submit to the Board of Aldermen a preliminary development plan for the use and development of all of the tract of land, to be known as a "CUP" Community Unit Plan development, and in accordance with the "Eureka City Plan". The preliminary development plan, containing at a minimum that information specified in Section 23-182, shall be referred to the Zoning Commission for study and report and for public hearing. The Commission may recommend approval subject to appropriate conditions or denial. The Commission's recommendation shall be based upon the following:
(a)
That property adjacent to the area included in the plan will not be adversely affected.
(b)
That the plan is consistent with the intent and purpose of this Chapter to promote public health, safety, morals and general welfare.
(c)
That the buildings and land shall be used only for single-family dwellings, two-family dwellings or multiple dwellings and the usual accessory uses such as garages, storage space and community activities, including churches and schools.
A local business district containing any of the following commercial uses may be authorized to serve the need within the limits of the community unit plan presented; provided, that such uses are located within a separate structure or within a multiple-family residence building, and provided, that such uses occupy no more than five percent (5%) of the gross floor area of all residential buildings within the development excluding garages. All public entrances to such commercial uses shall be from roads and walkways within the development.
(1)
Food store or drugstore;
(2)
Barber and beauty shop;
(3)
Laundry, dry cleaning pick-up station or self-service laundry or dry cleaning facility;
(4)
Restaurant, excluding drive-in, drive-thru or curb service restaurants; and
(5)
Cigar or newspaper stand.
Provided further, that the business district is not authorized until after the public improvements such as streets, sewers, water lines, etc., are installed or the necessary bond or escrow posted to assure completion of development and habitation, and provided the location and size of the district is approved by the Zoning Commission. |
(d)
That the development shall not contain more dwelling units than would be permitted in the district in which the development is located, excluding therefrom the area used for streets. Land within the floodplain of the watercourses in the City other than the Meramec River may, when such land is part of a tract lying within a residential district, be considered as part of the gross acreage in computing the maximum number of dwelling units that may be constructed under this procedure. Land dedicated or to be dedicated for public park use under the provisions of this Code shall be included in the gross acreage in computing the maximum number of dwelling units permitted.
The Zoning Commission shall also consider the architectural, landscape and other relationships which may exist between the proposed development and the character of the surrounding neighborhood and shall prescribe and require such physical treatment or other limitations as will, in its opinion, enhance the neighborhood character. If the Commission approves the preliminary development plan, the plan, together with the recommendations of the Commission, shall be accompanied by a report to the Board of Aldermen stating the reason for approval of the application and specific evidence and facts showing that the proposed community unit plan meets the above conditions.
The Zoning Commission may recommend and the Board of Aldermen may impose special conditions relating to any development under this Section. These conditions may relate to, but need not be limited to, the following:
Section 23-140.1 Single-Family Residential Development Standards.
[Ord. No. 1294 §8, 6-17-1997; Ord. No. 1488 §25, 10-17-2000; Ord. No. 1731 §1, 11-4-2003]
(a)
Residences shall be situated on tracts of land providing at least seven thousand five hundred (7,500) square feet of lot area for each residence.
(b)
Every lot shall have a minimum frontage of seventy (70) feet.
(c)
No structure shall be erected within twenty-five (25) feet of any public roadway right- of-way line. However, farm buildings shall not be located within one hundred (100) feet of any property line.
(d)
There shall be a rear yard having a depth of not less than twenty (20) feet except as otherwise provided in this Chapter.
On interior lots there shall be a side yard on each side of a building having a width of not less than ten (10) feet except as otherwise provided in this Chapter. As approved by the Board of Aldermen, this required side yard may be reduced to a width of not less than six (6) feet.
Corner lots shall be considered to have a front yard along both street frontages.
On lots having double frontage, the front yard shall be along the street providing the main entrance to the lot.
Section 23-141 Appeal Procedure.
[Ord. No. 646, §2]
The appeal procedure for any petition for which the zoning commission has recommended denial shall be the same as that provided in section 23-181.
Section 23-142 Final Development Plan.
[Ord. No. 646, §2]
If the application for a community unit plan is approved by ordinance of the board of aldermen, the matter shall be returned to the zoning commission for consideration of a final development plan as prepared and submitted by the petitioner in accordance with procedures set forth in section 23-182. Upon approval of the final development plan by the zoning commission, the owner in fee simple shall record such plan and conditions with the county recorder of deeds as a community unit plan. A recorded final development plan shall constitute an approved preliminary plat for subdivision purposes. Failure to commence substantial construction within one year of approval of the final development plan by the zoning commission shall terminate the community unit plan, and the zoning commission shall initiate a resolution of intent to revert the property to its prior zoning classification. Where due cause is shown by the petitioner, the commission may extend the period to commence construction for one year. As used herein, substantial construction shall mean final grading for roadways necessary for the first approved plat or phase of construction and installation of sanitary and storm sewers.