This section contains the Airport District regulations, which shall apply to that part of the City designated and zoned by the governing body of the City as "Airport District ("AD")" as shown on the zoning map of the City.

(Ord. No. 2005-3240, 6-28-05)

This section is adopted by the governing body of the City pursuant to RSMo § 89.010 et seq. (2002).

(Ord. No. 2005-3240, 6-28-05)

The intent and purpose of this section is to promote and protect the public health, safety and welfare, to recognize and protect those areas devoted to public-use aviation and associated activities from airspace obstructions or hazards, to impose land use controls within the Airport District that will protect Airport operations and ensure a compatible relationship between Airport operations and other land uses in the vicinity of such Airport operations, and to ensure comprehensive, uniform Development of the Airport District.

(Ord. No. 2005-3240, 6-28-05)

A.

For the purpose of this section, certain words and phrases are herein defined. Words and phrases defined herein shall be given the defined meaning. Words and phrases which are not defined in this section shall be given the meaning as defined in the Zoning Ordinance of the City. Words not defined herein or elsewhere in the Zoning Ordinance of the City shall be given their usual meaning except where the context clearly indicates a different or specified meaning.

B.

Words used in the present tense shall include the future; the singular number includes the plural and the plural includes the singular; the word "shall" is mandatory and not permissive.

C.

The following words and phrases are defined:

(1)

AC 150/5300-13. FAA Advisory Circular 150/5300-13, "Airport Design," dated September 30, 2000, as may be amended from time to time.

(2)

Accessory Building. Any Building, the use of which is incidental to the principal use of another Structure on the same premises.

(3)

Accessory Structure. Any Structure, the use of which is incidental to the principal use of another Structure on the same premises.

(4)

Accessory Use. A subordinate use which is incidental to that of the main Building and which is located in the same Lot with such main Building, and as further defined in this section.

(5)

Aircraft. Any device now known or hereafter invented, used or designed for navigation of or flight through the air.

(6)

Airport. Lambert-St. Louis International Airport.

(7)

Airport Authority. The St. Louis Airport Authority as created by the City of St. Louis Board of Alderman, which Airport Authority is responsible for the planning, development, management and operation of the Airport.

(8)

Airport Elevation. 605 feet above mean sea level, being the highest point of the Airport's usable landing area with respect to the Runways.

(9)

Approach Surface. An imaginary surface established and defined pursuant to FAR Part 77, Section 77.25(d), as may be amended, and longitudinally centered on the extended Runway center line, extending outward and upward from the end of the Primary Surface and at the same slope as the Height limitation slope of the Approach Zone. The perimeter of an Approach Surface coincides with the perimeter of an Approach Zone.

(10)

Approach Zone. A zone established and defined in accordance with FAR Part 77, Section 77.25(d), and as further defined in this section.

(11)

Aviation. The handling and guidance of Aircraft in the air or on the Airport.

(12)

Back Office. An Office in which administrative, clerical and operational functions of a company are performed, which functions do not involve face-to-face interaction with such company's customers.

(13)

Building. A Structure that is affixed to the land has one (1) or more floors, one (1) or more exterior walls and a roof, and is designed or intended for use as a shelter.

(14)

CFR. Section of Federal Regulations.

(15)

Child Care Center. Facility providing care for five (5) or more children under the age of thirteen (13), not including children of a family residing on the premises, for any part of a twenty-four-hour day.

(16)

Community Center. A facility maintained by a public agency or by a not-for-profit community or neighborhood association primarily for social, recreational, or educational needs of the community or neighborhood.

(17)

Conical Surface. An imaginary surface established pursuant to FAR Part 77, Section 77.25(b), as may be amended, and extending outward and upward from the periphery of the Horizontal Surface at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet.

(18)

Conical Zone. A zone established and defined in accordance with FAR Part 77, Section 77.25(b), and as further defined in this section.

(19)

Convenience Store. A Retail establishment having a Gross Floor Area of five thousand (5,000) square feet or less, primarily selling automobile fuel, or foods as well as other household goods customarily sold in larger food markets and supermarkets.

(20)

Day-night Average Sound Level (DNL). The 24-hour average sound level, in decibels, for the period from midnight to midnight, obtained after the addition of ten decibels to sound levels for the periods between midnight and 7:00 a.m., and between 10:00 p.m. and midnight, local time.

(21)

Development. The act of changing and the state of a tract of land after its function has been purposefully changed by man including, but not limited to, Structures on the land and/or other alterations to the land.

(22)

FAA. The Federal Aviation Administration.

(23)

FAR. Federal Aviation Regulations set forth in Title 14 of the Section of Federal Regulations, as may be amended from time to time.

(24)

Fast Food Restaurant. Any establishment whose principal business is the sale of foods, frozen desserts, or beverages in ready-to-consume individual servings, for consumption either within the Restaurant Building or for carry-out, and where either (1) foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable containers, and where customers are not served their food, frozen desserts or beverages by a Restaurant employee at the same table or counter where the items are consumed, or (2) the establishment includes a drive-up or drive-through service facility or offers curb service.

(25)

Fence, Sight-proof. A fence with an opaque value of seventy (70) percent or greater. Such Structure may be a chain link fence in combination with slat or lattice materials.

(26)

Filling Station (service station). Any Structure or premises used for dispensing or sale, at Retail, of vehicle fuels or lubricants, including lubrication of vehicles and replacement or installation of minor parts and accessories, but not primarily engaged in major repair work such as engine replacement, body and fender repair or spray painting.

(27)

Financial Institution. A state or federally chartered bank, savings association, credit union, or industrial land company located in a Building which provides for the custody, loan, exchange or issue of money, the extension of credit, or facilitating the transmission of funds, and which may include accessory drive-up units on the same premises, but does not include Small Loan Businesses. A Financial Institution may include an automated teller machine (ATM) as part of its accessory drive-up units on the same premises.

(28)

Frontage. That edge of a Lot bordering a street.

(29)

Gross Floor Area. The sum of the gross horizontal area of all floors of a Building including basement areas, as measured from the interior perimeter of exterior walls. Such area shall not include the following: interior loading and Parking Areas, atriums except the first floor area, rooftop mechanical equipment enclosures, and the enclosed Mall areas of shopping centers.

(30)

Gymnasium. A Building or portion thereof used for athletic training or sports activities, including accessory seating for spectators.

(31)

Hazard to Aviation. An Obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace of the Airport.

(32)

Hazardous Wildlife. Wildlife species that are commonly associated with Wildlife-Aircraft strike problems that are capable of causing structural damage to Aircraft and Airport facilities, or that act as attractants to other Wildlife that pose a Wildlife-Aircraft strike hazard.

(33)

Home Improvement Center. A Retail store of at least twenty thousand (20,000) square feet selling only building materials, floor and wall coverings, and items designed for installation in the home, and associated tools.

(34)

Horizontal Surface. An imaginary horizontal plane established pursuant to FAR Part 77, Section 77.25(a), as may be amended, one hundred fifty (150) feet above the established Airport Elevation, the perimeter of which coincides with the perimeter of the Horizontal Surface Area as established herein.

(35)

Horizontal Zone. A zone established and defined in accordance with FAR Part 77, Section 77.25(a), and as further defined in this Section.

(36)

Hotel. A Building in which lodging is provided and offered to the public for compensation, usually on a transient basis, and in which ingress and egress to and from all rooms is made through an inside office or lobby supervised at all hours.

(37)

Intergovernmental Commission. The Lambert Airport Eastern Perimeter Joint Development Commission created pursuant to that certain Intergovernmental Joint Cooperation and Development Assistance Agreement, dated January 10, 2004.

(38)

Loading Space. A durably dust proofed, properly graded for drainage, off-street space used for the loading and unloading of vehicles, except passenger vehicles, in connection with the use of the property on which such space is located. Each such designated space shall comply with the dimensional requirements set forth herein, as the "AD Airport District Off-Street Parking and Loading Requirements."

(39)

Lot. A platted Parcel of Land intended to be separately owned, developed, and otherwise used as a unit.

(40)

Lot, Corner. A platted Parcel of Land abutting two (2) road rights-of-way at their intersection.

(41)

Mall. An enclosed public way upon which business establishments have direct access and which serves primarily for the movement of pedestrians, with trees, benches, or other furnishings provided and with vehicular access prohibited, restricted, or reduced so as to emphasize pedestrian use.

(42)

Material Improvement. Any repair, reconstruction, or improvement of a Structure, the cost of which equals or exceeds fifty (50) percent of the market value of the Structure either (1) before the improvement or repair is started, or (2) if the Structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "material improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the Structure.

(43)

Maneuvering Space. The unobstructed area needed for a truck to back, in a single movement, directly from the access street into a Loading Space, the depth of which is measured perpendicularly to and from the front of said Loading Space to the curb side of the most remote traffic lane in the access street.

(44)

Manufacturing. Making, fabricating, assembling, processing or packaging any commodity from raw or semi-finished materials, except from explosives or flammable gases or liquids.

(45)

Medical or Dental Office (clinic). A facility for the practice of medicine or dentistry for humans, including accessory diagnostic laboratories, but not including in-patient or overnight care, or operating rooms for major surgery.

(46)

Natural Area. An area that is substantially undisturbed by Development.

(47)

Noise Contour Map. A noise contour map encompassing the Airport District pursuant to the FAR Part 150 Noise Compatibility Program for the Airport and in accordance with FAR Part 150, "Airport Noise Compatibility Planning," which map details the different DNL levels within the Airport District.

(48)

Nonconforming Use. Any land use, Structure or Object which existed lawfully on or before the effective date of this section or any amendment thereto and which fails to conform to one (1) or more of the applicable regulations in this section or other regulations contained in the Municipal Code, except minimum Lot area, Yard and Setback requirements.

(49)

Object. A Structure, including a mobile Structure, constructed or installed by man, or a product of nature, including but without limitation, Buildings, towers, cranes, smokestacks, earth formations, trees, overhead transmission lines and utility poles. The term Object shall include all types of signs and/or banners.

(50)

Object Free Area. An area centered on the centerline of a Runway and extending there from, which is to be clear of Objects protruding above the "runway safety area edge elevation," as such elevation is determined in AC 150/5300-13. The Object Free Area is more particularly defined in AC 150/5300-13, which definition is incorporated herein by reference. The precise location and dimensions of the Object Free Area shall be those determined by the Airport Authority pursuant to AC 150/5300-13.

(51)

Obstruction. Any Structure, growth, or other Object, including a mobile Object, which exceeds a limiting Height as set forth herein.

(52)

Office. A Building or portion of a Building wherein services are performed involving predominantly administrative, professional, or clerical operations. This does not include Financial Institutions or Small Loan Businesses.

(53)

Open Space(s). Active outdoor recreation facilities and playing fields, hiking and bicycling trails, pedestrian and bicycling paths, Natural Areas and forests, and Parks, for public use and enjoyment.

(54)

Parcel (tract) of Land. A separately designated area of land delineated by identifiable legally recorded boundary lines.

(55)

Park. An area open to the general public and reserved for recreational, educational or scenic purposes.

(56)

Parking Area. An area of land used or intended for off-street parking facilities for motor vehicles.

(57)

Parking Space. A durably surfaced area, enclosed in the main Building, in an Accessory Building, or unenclosed, sufficient in size to store one (1) standard automobile, and if the space is unenclosed comprising an area of not less than two hundred fifty (250) square feet, including the necessary access driveways exclusive of a durable surfaced driveway connecting the parking space with a street or alley, and permitting satisfactory ingress and egress of an automobile.

(58)

Person. An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative thereof.

(59)

Precision Instrument Runway. A Runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or precision approach radar (PAR). It also means a Runway for which a precision approach system is planned and is so indicated on an approved Airport layout plan or any other planning document.

(60)

Primary Surface. An imaginary surface established pursuant to FAR Part 77, Section 77.25(c), as may be amended, longitudinally centered on a Runway, extending two hundred (200) feet beyond each end of the Runway where the Runway has a specially prepared hard surface, or ending at each end of the Runway where the Runway has no specially prepared hard surface.

(61)

Public Use Areas. All public highways, streets, alleys, sidewalks, walkways, paths, trails, recreational areas, Parks, Open Spaces, waterways, utilities and any other area within the Airport District intended for general public use.

(62)

Public Utility Facility, Local. A public utility facility serving a local area only, such as an electric substation, a water or gas pumping or regulating station, a telephone switching center, or a storage tank with a maximum capacity of one hundred thousand (100,000) cubic feet, except Telecommunication Towers.

(63)

Research. Systematic investigation undertaken to develop or increase knowledge and understanding of a subject for commercial, educational or scientific purposes.

(64)

Restaurant. A commercial establishment whose primary business is the provision of prepared food at Retail for consumption on or off the premises.

(65)

Retail. The selling of goods and personal services directly to consumers.

(66)

Runway(s). A defined portion of Airport having a surface constructed and maintained for the taking off and landing of Aircraft along its length.

(67)

Runway Protection Zone (RPZ). A trapezoidal shaped zone centered about the extended centerline of Airport Runway(s), which zone is more particularly defined in AC 150/5300-13, which definition is incorporated herein by reference. The precise location and dimensions of the RPZ shall be those determined by the Airport Authority. No Buildings or Structures shall be permitted within this zone, and the Airport Authority may regulate Height and density of natural growth within this zone pursuant to AC 150/5300-13.

(68)

Setback (building line). The required minimum distance from a road right-of-way or Lot line that establishes the area within which a Structure can be erected or placed, except as may be permitted elsewhere in this section.

(69)

Sight Distance Triangle. The triangular area of a Corner Lot bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.

(70)

Small Loan Businesses. Establishments which (a) engage in the business of providing money to customers on a temporary basis, wherein such loans are secured by post-dated check, paycheck or car title, or (b) are registered as lenders under state or federal law. This classification does not include a state or federally chartered bank, savings association, credit union, or industrial land company. Further, this classification does not include establishments selling consumer goods, including consumables, where the cashing of checks or money orders is incidental to the main purpose of the business. This classifications does include, but is not limited to, check cashing stores, payday loan stores, and car title loan stores. Small Loan Businesses shall not be permitted within the "AD" Airport District.

(71)

Street. As utilized in this section, "street" shall be defined as all property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to public or private easements therefore.

(72)

Road Right-of-Way. A dividing line between a Lot, tract or Parcel of Land, and a private or public roadway.

(73)

Structural Alterations. Any change in the supporting members of a Building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

(74)

Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, fences, sidewalks, retaining walls and utility poles. Structure shall be deemed to include a Parking Area.

(75)

Telecommunication Cabinet. A Building or Structure for the protection and security of communications equipment associated with one (1) or more antennae and where access to such equipment is gained from either the interior or exterior of the Building or Structure. Human occupancy for the office or other uses or the storage of other materials and equipment not in direct support of the connected antennae is prohibited.

(76)

Telecommunication Tower. A Structure designed for the support of one (1) or more antennae and including guyed towers, self-supporting (lattice) towers or monopoles but not Buildings. The term shall also exclude any support structure under sixty (60) feet in Height owned and operated at the residence of an amateur radio operator licensed by the Federal Communication Commission. The Height of a telecommunication tower shall be measured from the finished grade to the top of the tower, excluding any elements with a cross section of less than four (4) inches.

(77)

Transitional Surfaces. Imaginary surfaces established pursuant to FAR Part 77, Section 77.25(e), as may be amended, extending outward at ninety-degree angles to the Runway center line and the Runway center line extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the Primary and Approach Surfaces to where they intersect the Horizontal and Conical Surfaces. Transitional Surfaces for those portions of the Approach Surfaces, which project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the Approach Surface and at ninety-degree angles to the extended Runway center line.

(78)

Transitional Zone. A zone established and defined in accordance with FAR Part 77, Section 77.25(e), and as further defined in this section.

(79)

Use. As utilized in this section, "use" shall be defined as the purpose for which a Building, Lot, sign, or other Structure is arranged, intended, designed, occupied, or maintained.

(80)

Utility Runway. A Runway that is constructed for and intended to be used by propeller driven Aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less.

(81)

Visual Runway. A Runway intended solely for the operation of Aircraft using visual approach procedures.

(82)

Warehouse. A Structure used for receiving, storing, consolidating and/or distributing goods, materials or merchandise, other than live animals, explosives, or flammable gases or liquids.

(83)

Wildlife. Any wild animal, including without limitation any wild mammal, bird, reptile, fish, amphibian, mollusk, crustacean, arthropod, coelenterate, or other invertebrate, including any part, product, egg, or offspring thereof.

(84)

Yard. An open space on the same Lot with a Building, unoccupied and unobstructed by any portion of a Structure from the ground upward, except as otherwise provided herein. In measuring a Yard for the purpose of determining the width of a Side Yard, the depth of a Front Yard or the depth of a Rear Yard, the mean horizontal distance between the Lot line and the main Building shall be used.

(85)

Yard, Front. A Yard extending across the front of a Lot between the Side Yard lines and being the minimum horizontal distance between the Street Line and the main Building or any projection thereof, other than the projection of the usual steps or entrance way.

(86)

Yard, Rear. A Yard extending across the rear of a Lot measured between the rear Lot lines and being the minimum horizontal distance between the rear Lot line and the rear of the main Building, or any projections other than steps, unenclosed balconies or unenclosed porches. On Corner Lots the Rear Yard shall be considered as parallel to the street upon which the Lot has its least dimension. On both Corner Lots and interior Lots the Rear Yard shall in all cases be at the opposite end of the Lot from the Front Yard.

(87)

Yard, Side. A Yard between the main Building and the side line of the Lot, and extending from the Front Yard to the Rear Yard.

(Ord. No. 2005-3240, 6-28-05)

The Airport District shall be considered a separate zoning district of the City. The Airport District shall be subject to specific use restrictions and limitations pursuant to this section. Uses within the Airport District shall be compatible with Airport operations and shall be limited to the following:

A.

Permitted Uses.

(1)

Amphitheater.

(2)

Automobile and truck rental services.

(3)

Back Offices.

(4)

Beauty salons, barber shops.

(5)

Bowling Alley.

(6)

Child Care Centers.

(7)

Community Centers.

(8)

Convenience Stores.

(9)

Courier services.

(10)

Fast Food Restaurants.

(11)

Filling Stations, including emergency towing and repair services, provided that no automobile, truck, or other vehicle may be parked or stored in the open on the premises for longer than twenty-four (24) hours. A Convenience Store, limited in size to five thousand (5,000) square feet of Gross Floor Area, may be permitted in conjunction with such Filling Station.

(12)

Financial Institutions, including but not limited to banks, savings and loans, stockholders and title companies provided, however, small business loan, check-cashing, payday loan or cashing, or other similar stores shall not be permitted.

(13)

Gymnasiums, indoor and/or outdoor swimming pools, indoor handball and racquetball courts (public or private), and indoor and/or outdoor lighted tennis courts (public or private) and including other community recreational facilities such as basketball courts, playing fields, batting cages, roller rinks, ice rings or similar facilities.

(14)

Home Improvement Centers.

(15)

Hotels.

(16)

Laundering services; dry-cleaners.

(17)

Local Public Utility Facilities, provided that any installation, other than poles and equipment attached to the poles, shall be:

(i)

Adequately screened with landscaping, fencing or walls, or any combination thereof; or

(ii)

Placed underground; or

(iii)

Enclosed in a Structure in such a manner so as to blend with and complement the character of the surrounding area.

All plans for screening these facilities shall be submitted to the Intergovernmental Commission for review. No building permit or installation permit shall be issued until such plans have been approved by the Intergovernmental Commission.

(18)

Manufacturing facilities, except:

(i)

Facilities producing or processing explosives or flammable gases or liquids;

(ii)

Facilities for animal slaughtering, meat packing, or rendering;

(iii)

Sulphur plants, rubber reclamation plants, or cement plants; and

(iv)

Steel mills, foundries, or smelters.

(19)

Medical or Dental Offices; including urgent care centers, out-patient care centers and hospitals.

(20)

Offices.

(21)

Parking Areas, including garages, but not including the outdoor storage of wrecked or otherwise damaged or immobilized vehicles for a period in excess of seventy-two (72) hours.

(22)

Parks, private or public.

(23)

Plumbing, electrical, air conditioning, and heating equipment sales, warehousing and repair facilities.

(24)

Police, fire and postal stations.

(25)

Postal services; mail packaging services.

(26)

Printing and duplicating services.

(27)

Professional services.

(28)

Public facilities owned or leased by the City.

(29)

Radio and television studios or offices.

(30)

Research; Research laboratories or facilities.

(31)

Restaurants including drive-through Restaurants and banquet facilities.

(32)

Retail markets, shops and stores provided, however, re-sale used or pre-owned retail stores shall not be permitted.

(33)

Sales, rental, and leasing of new and used vehicles, including automobiles, trucks, trailers, construction equipment, agricultural equipment, and boats, as well as associated repairs and necessary outdoor storage of said vehicles.

(34)

Schools for business, professional, or technical training, but not including outdoor areas for driving or heavy equipment training.

(35)

Signs provided, however, no billboards or other advertisement signs shall be permitted.

(36)

Storage and repair garages for public mass transit vehicles.

(37)

Taxi-cabs and/or limousine services.

(38)

Telecommunication Towers, and co-used Telecommunication Towers or disguised support structures, provided, however, that the same do not exceed applicable Height limitations and restrictions as set forth herein.

(39)

Terminals for buses and other public mass transit vehicles.

(40)

Vehicle service, repair and/or washing facilities provided, however, that the same are appurtenant to a filling station and provided that no body ships shall be permitted.

(41)

Veterinary office; animal hospitals.

(42)

Warehouses.

(43)

Wholesaling or warehousing of manufactured commodities except explosives or flammable gases or liquids.

B.

Accessory Uses. Subject to compliance with the procedures of this section, Accessory Buildings, Accessory Structures and Accessory Uses are permitted in conjunction with a permitted land use or Development when such Accessory Building, Accessory Structure or Accessory Use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory Uses include the following:

(1)

Accessory Buildings and uses customarily incident to the above permitted uses, and approved as part of a Site Plan in accordance with the Site Plan review and approval procedure set forth herein;

(2)

Permitted signs;

(3)

Where a Lot is used for a commercial purpose (including Manufacturing, Office and industrial uses), more than one (1) main Building may be located upon the Lot provided such Buildings conform to the area requirements as set forth herein; and

(4)

Devices for the generation of energy, such as solar panels, wind generators, and similar devices.

C.

Prohibited Uses.

Generally. Notwithstanding any other provisions of this section, no use may be made of land or water in such a manner as to create electrical interference with navigational signals or radio communication between the Airport and Aircraft, make it difficult for pilots to distinguish between Airport lights and others, result in glare in the eyes of pilots using the Airport, impair visibility in the vicinity of the Airport, create a bird strike hazard, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of Aircraft intending to use the Airport.

No use shall be made of land in such a manner as to:

Release into the air any substance which would impair visibility or otherwise interfere with the operation of Aircraft;

Produce light emissions, either direct or indirect (reflective) which would interfere with the operation of Aircraft;

Produce electrical, magnetic or other emissions which would interfere with the operation of Aircraft, Aircraft communication or Aircraft guidance systems;

Attract birds, waterfowl, or Wildlife, in a manner that creates a Hazard to Avigation; or

Create a Hazard to Avigation in any other manner.

Lighting. No searchlight, beacon light, or other glaring light shall be used, maintained or operated within the Airport District in such a way as to cause a visual hazard to normal Aircraft operations. Street lights, pedestrian lights and accent lights shall be selected to have a consistent appearance in material, color, and lamp type throughout the Airport District. Exterior lighting shall be designed to provide security and identification. Unshielded wall mounted lighting fixtures shall be prohibited in parking and loading areas. Building accent lighting and signage lighting shall be shielded to control light pollution.

Smoke or Haze. Any land use or activity that produces smoke or haze to a degree that would interfere with normal Aircraft operations shall be prohibited.

All uses not listed specifically herein shall be prohibited.

D.

Nonconforming Uses.

(1)

Regulations Not Retroactive. The regulations prescribed in this section shall not be construed to require the removal, lowering, or other change or alteration of any Structure or Object existing and not conforming to such regulations as of the effective date of this section, or to otherwise interfere with the continuance of a Nonconforming Use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any Structure, the construction or alteration of which was begun prior to the effective date of this section, and is diligently prosecuted.

(2)

Marking and Lighting. Not withstanding the preceding provision of this section, the owner of any existing nonconforming Structure or Object is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Intergovernmental Commission to indicate to the operators of Aircraft in the vicinity of the Airport the presence of such Airport Obstructions. Such markers and lights shall be installed, operated, and maintained at the expense of the City.

(3)

No Expansion. Not withstanding anything to the contrary herein, except as required by Section 18.5.D(2), no nonconforming use shall be enlarged or magnified, and no structural Alterations that would result in an increase in size, height, density, and coverage, or other shall be permitted.

(Ord. No. 2005-3240, 6-28-05)

Not withstanding anything set forth in this section, no building or structure, and no use otherwise permitted pursuant to this section, shall be permitted within the RPZ. Only Objects that need to be located in the RPZ for air navigation purposes as determined by the Airport Authority may be placed in the RPZ. Other uses may be permitted in the RPZ, provided that such uses do not attract Wildlife, are outside of an Object Free Area, and do not interfere with navigational aids as shall be determined by the Airport Authority.

(Ord. No. 2005-3240, 6-28-05)

The minimum site requirements for land uses and Development in the Airport District are hereby established pursuant to the following regulations:

A.

Performance Standards. This subsection contains the zoning performance standard regulations for the "AD" Airport District. These regulations shall apply to all uses and Development within said district, unless otherwise indicated.

(1)

Statement of intent. The performance standard regulations shall establish standards for vibration, noise, odor, smoke, toxic gases, emissions, radiation, glare and heat to minimize negative effects on the Airport, and on adjacent land uses and Development.

(2)

Performance standards.

i.

Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on any Lot line of the Lot on which the use is located, except that vibration caused by blasting conducted in accordance with the requirements of the St. Louis County Section governing explosives may exceed these limitations.

ii.

Noise. Every use shall be so constructed and operated that the pressure level of sound or noise generated meets or exceeds the requirements for noise control set forth herein as the "Aircraft Noise Attenuation Requirements."

iii.

Odor. Every use shall be so operated that no offensive or objectionable odor is emitted in accordance with the requirements of the St. Louis County Section governing air pollution.

iv.

Smoke. Every use shall be so operated that no smoke from any source shall be emitted that exceeds the emission levels in the requirements of the St. Louis County Section governing air pollution.

v.

Toxic gases. Every use shall be so operated that there is no emission of toxic, noxious, or corrosive fumes or gases which exceed the emission levels of the St. Louis County Section governing air pollution.

vi.

Emission of dirt, dust, fly ash and other forms of particulate matter. The emission of dirt, dust, fly ash, and other forms of particulate matter shall not exceed the emission levels in the requirements of the St. Louis County Section governing air pollution.

vii.

Radiation. Every use shall be so operated that there is no dangerous amount of radioactive emissions.

viii.

Glare and heat. Any operation producing intense glare or heat shall be performed in an enclosure in such manner as to be imperceptible without instruments along any Lot line of the Lot upon which the building is constructed.

ix.

Fire and explosion hazard. The storage and use of any material, whether combustible or noncombustible, or which presents an explosion hazard, shall be stored and handled in accordance with the building code and fire prevention code of the City, the standards and regulations of the national fire protection association, and the regulations of the fire protection district which has jurisdiction.

B.

Any addition, modification or change in any regulations, code, section or other standard referred to in the performance standard regulations shall become a part of these regulations.

C.

Minimum Natural Area, Landscaped Area, and Open Space. (Reserved.)

D.

Lot area and Yard requirements. The Lot area, and Yard requirements for land uses and Development in the "AD" Airport District shall be as follows:

(1)

Minimum Lot area, width. No minimum Lot area or width is established for any use in this district, provided, however, Lot dimensions shall be sufficient to meet the requirements set forth in this section as determined by the Intergovernmental Commission, and shall not violate the City's Comprehensive Plan for the "AD" Airport District.

(2)

Front Yard, in general. No Building or Structure is allowed within thirty (30) feet of any roadway right-of-way line.

(3)

Front Yard, specific regulations and exceptions.

(i)

On Corner Lots, no Structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the Sight Distance Triangle.

(ii)

Boundary walls, six (6) feet in height or less, are permitted within the minimum Front Yard Setback.

(iii)

Permitted information signs, as approved by the Intergovernmental Commission, are allowed within the minimum Front Yard Setback.

(iv)

Permitted directional signs, three (3) feet in height or less, are allowed within the minimum Front Yard Setback.

(v)

Additional lighting at points of ingress and egress, or pathway lighting (and/or light standards) may be approved within the minimum Front Yard Setback.

(vi)

Light standards for parking Lot lighting, and Filling Station pumps Signs are allowed no closer than fifteen (15) feet from any roadway right-of-way line, or such other minimum setback as permitted by Section 18.8.C(5).

(vii)

Filling Station canopies are allowed no closer than fifteen (15) feet from any roadway right-of-way line.

(viii)

Sight Proofing (Sight-proof Fence) may be required if determined necessary for proper buffering by the Intergovernmental Commission on review of a Site Plan for a specific use. The Intergovernmental Commission may approve the use of topographic features, landscaping, or walls in lieu of fencing where such alternates are determined to be appropriate.

(4)

Side and Rear Yards, in general. No Structure or any storage or display of materials, equipment, or vehicles is allowed within fifteen (15) feet of an adjoining property line, and such Side and Rear Yard Setback may be increased as set forth below if the adjoining property is within a residential district.

(5)

Side and Rear Yards, specific regulations and exceptions.

(i)

Any Structure exceeding thirty (30) feet in Height located on a Lot which adjoins property in a residential district, other than a permitted public utility tower or broadcasting, transmitting, or relay towers for radio, television, and other communications, must be set back from such property line an additional one (1) foot for every two (2) feet in Height above thirty (30) feet.

(ii)

Any area used for the outdoor storage or display of materials, equipment, or vehicles which adjoins property in a residential district shall be effectively screened by a Sight-proof Fence (having a minimum height of five feet and a maximum height of eight feet)located no closer than ten (10) feet from said property line. The Setback shall be adequately landscaped as approved on a plan by the Intergovernmental Commission. When requested by the property owner, the Intergovernmental Commission may approve the use of topographic features, landscaping, or walls in lieu of fencing, where such alternates will achieve a comparable effect.

(iii)

All other boundary walls or fences, six (6) feet in Height or less, are permitted within the minimum Side and Rear Yard Setbacks.

(iv)

Light standards for parking Lot lighting are allowed no closer than ten (10) feet from any Side or Rear Yard line which adjoins property in a residential district.

(Ord. No. 2005-3240, 6-28-05)

"AD" Airport District Off-Street Parking and Loading Requirements shall be as set forth in this Section 18.8.

A.

Purpose and Scope.

(1)

For all buildings and structures erected and all uses of land established after the effective date of this section, off-street parking and loading facilities shall be provided as specified herein.

(2)

Whenever the intensity of use of any building, structure, or premises shall be increased through the addition of seating capacity or other units of measurement described herein, off-street parking and loading facilities as required in this section shall be provided for such increase in intensity of use.

(3)

Whenever the existing use of a building or structure shall hereafter be changed to a new use so as to increase the required parking and loading facilities in accordance with the requirements of this section, the specified number of parking or loading spaces shall be provided for such new use in full compliance with this section.

(4)

For any conforming or legally nonconforming building or use which was in existence on the effective date of this section, and which subsequent thereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, reestablished or repaired, off-street parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required in this section for such reconstructed or reestablished building or use.

B.

Dimensions. The regulations of this section shall govern the dimensions of off-street parking spaces.

(1)

Except as otherwise provided for in this section, the requirements for off-street parking shall be as set forth in the following table:

PARKING TABLE

*Additional width may be required where the aisle serves as the principal means of access to on-site buildings or structures.

(2)

In the event that the desired parking angle is not specified by the above table, the Intergovernmental Commission may specify other equivalent dimensions associated with the desired parking angle by interpolating from dimensions listed in the table.

(3)

On-site parallel parking stalls shall be 9.0' × 22.0' adjacent to a 22' two-way lane or 15' where adjacent to a one-way lane.

(4)

Curbed islands are required at ends of aisles where the City engineer determines they are necessary for traffic control or drainage.

(5)

Parking spaces designated for the handicapped persons.

(i)

Parking spaces designated for physically handicapped persons shall be at least eight (8) feet wide, with a five (5) foot access aisle immediately adjacent. Two handicapped parking spaces may share a common access aisle.

(ii)

Parking spaces designated for physically handicapped persons shall be located on the shortest possible accessible circulation route to an accessible entrance of the building. In separate parking structures or lots which do not serve a particular building, parking spaces for physically handicapped persons shall be located on the shortest possible pedestrian route to an accessible pedestrian entrance of the parking facility.

(iii)

Each parking space designated for physically handicapped persons shall be provided with a freestanding sign bearing the international symbol of accessibility in white on a blue background. Said sign shall be centered at the interior end of the parking space at a minimum height of forty-eight (48) inches from the bottom of the sign to the parking space finished grade.

(iv)

The required number of parking spaces for physically handicapped persons shall be as follows:

(v)

Said parking spaces for physically handicapped persons shall be inclusive of the total number required.

C.

Supplementary off-street parking and loading requirements. In addition to the above parking and loading requirements, the following standards shall apply:

(1)

All parking and loading areas, including driveways, shall be paved, except where the City engineer may approve an alternate dust proofing method.

(2)

All areas for off-street parking and loading shall be so arranged that vehicles at no time shall be required to back into any street or roadway to gain access thereto.

(3)

Off-street parking areas shall provide ingress and egress to any public right-of-way only at such location as approved by the Missouri Highway and Transportation Department, Saint Louis County department of highways and traffic and the City, depending on which has jurisdiction over the public right-of-way.

(4)

Off-street parking spaces and loading areas shall be located on the same Lot as the use to be served except as provided herein. Said spaces shall not encroach into any public right-of-way.

(5)

No unenclosed parking or loading space or internal drive, except for ingress and egress drives, shall be closer to the street right-of-way than fifteen (15) feet. The area within fifteen (15) feet of the street right-of-way shall be landscaped as approved by the Intergovernmental Commission and such landscaping shall be adequately maintained.

(6)

No unenclosed parking or loading space or internal drive shall be closer than five (5) feet to a side property line or ten (10) feet to a rear property line. All parking setbacks shall be landscaped as approved by the Intergovernmental Commission. Setbacks that adjoin any non-commercial use district shall be effectively screened by sight-proof materials such as topographic features, plantings, walls, decorative fencing, or a combination thereof. Such screening shall not be less than five (5) feet in height above the surface elevation of the parking area, except where sight distance regulations require other arrangements. Fences shall be constructed of solid wood, masonry, vinyl or other appropriate material as approved by the Intergovernmental Commission.

(7)

Parking for one or more uses may be provided on a separate Lot from the use or uses to be served when said separate Lot is within three hundred (300) feet of the use or uses to be served, as measured along a pedestrian pathway. When two (2) or more uses combine to provide the required parking space jointly, the parking space so provided shall equal the total spaces required if each were to provide parking space separately. Joint or remote parking areas provided in accordance with this paragraph shall be comprised of a minimum of twenty (20) stalls. Such parking must be approved by the Intergovernmental Commission. Subsequent to approval, said parking plan and an appropriate legal instrument of agreement between the owners of the various properties involved shall be recorded with the St. Louis County recorder of deeds. Such recorded plans and agreement shall be binding upon the owners of the properties involved and their successors and assigns and shall limit and control the use of land included in the plan to those uses and conditions approved by the Intergovernmental Commission and agreed to by the owners of the properties involved.

(8)

The minimum parking requirements for uses or centers having a gross floor area of 125,000 square feet or more (combined or single use or ownership) may be reduced by fifteen (15) percent when authorized by the Intergovernmental Commission and where it has been demonstrated by study of the combined uses and customary operation of the uses that adequate parking would be provided.

(9)

All screening and landscaping shall be approved by the Intergovernmental Commission.

(10)

All off-street spaces or loading areas shall be maintained in a clean, orderly and dust free condition. Parking and loading areas shall be provided with adequate storm water drainage in accordance with the requirements of the Metropolitan St. Louis Sewer District.

(11)

The illumination of off-street parking and loading areas shall be as approved by the City engineer.

(12)

All off-street parking and loading spaces shall be striped.

D.

Computation and interpretation of requirements. Except as otherwise provided, parking spaces in the "AD" District shall be based on the gross square area as measured from the interior walls or from the interior line of walls separating two (2) buildings or structures.

(1)

In calculating the number of spaces required, floor area shall not include any area used for the following:

(i)

Elevator shafts and stairwells;

(ii)

Floor spaces and shafts for mechanical or electrical equipment;

(iii)

Janitorial rooms and related storage;

(iv)

Show windows not accessible to the public;

(v)

Dressing rooms;

(vi)

Employee cafeteria and lounge areas;

(vii)

Restrooms;

(viii)

Entrance lobbies;

(ix)

Storage areas accessory to the main use;

(x)

Interior parking and loading areas for vehicles or equipment.

(2)

Where fractional spaces result, the parking spaces required shall be the next highest whole number.

(3)

Where no minimum requirement is specified, or when one or more parking requirements may be construed as applicable to the same use, Lot, or building, the final determination of required parking shall be made by the Intergovernmental Commission.

(4)

When the occupancy load of a building used for public assembly (i.e., restaurants, etc.) exceeds the available number of parking spaces, there shall be a corresponding reduction in the maximum occupancy of the building. A ratio of 2.5 persons per parking stall shall be used to calculate the reduction in occupancy.

(5)

Where a building is used for multiple uses, and where the floor area used for each use is below the minimum required for loading area, but the aggregate floor area used is greater than the minimum, then the l loading space shall be provided as if the entire building is used for that use which requires the most spaces.

(6)

Except as otherwise provided, the number of employees shall be compiled on the basis of maximum number of persons employed on the premises at one time on an average day or night, whichever is greater. Seasonal variations in employment may be recognized and used by the Intergovernmental Commission.

(7)

Where an addition to or change in use creates greater parking requirements than the amount being provided, additional parking shall be required in accordance with the provisions of this section.

(8)

No off-street parking or loading space required under this section shall be used for any other purpose.

(9)

Notwithstanding anything to the contrary herein, in addition to Sections 18.8.C(7) and 18.8.C(8), the number of off-street spaces for a specific use as set forth in Section 18.8.E may be varied to allow for a reduction in the number of spaces required if it can be demonstrated to the satisfaction of the Intergovernmental Commission that future parking requirements could be accommodated, as required.

E.

Schedule of required off-street parking spaces.

F.

Minimum loading requirements. When required in conjunction with uses specified elsewhere in this section, loading spaces shall be provided in accordance with the following tables:

TABLE A

TABLE B

*Each 10' × 40' loading space shall have a height clear of obstruction of not less than fourteen (14) feet.

G.

Additional Requirements.

(1)

All vehicles, except those hereafter set forth, shall be permitted to park in the Airport District. No vehicle may park in a Front Yard except in a paved driveway.

(2)

No inoperable or unlicensed vehicles and trailers shall be parked on the premises unless they are parked within an enclosed Structure.

(3)

Whenever an existing Building is changed as to use or is enlarged in floor area, the spaces provided shall comply with the minimum parking requirements set forth herein, based on such new use or enlarged floor area.

(4)

Supplemental parking requirements may be imposed by the Intergovernmental Commission pursuant to the Site Plan approval procedure as set forth in this section; provided, however, that such supplemental parking requirements shall be uniform throughout the Airport District and approved by the City after a public hearing.

(Ord. No. 2005-3240, 6-28-05)

A.

Purpose. It is the purpose of this section to regulate and control the location, erection, number, and maintenance of signs and matters relating thereto within the "AD" in order to promote public safety, health, and general welfare of the community. These regulations are specifically designed to:

(1)

Provide for uniform regulation and orderly development of signs consistent with established policies and ordinances of the City.

(2)

Prohibit hazardous and dangerous signs.

(3)

Provide a desirable and attractive living environment through harmonious and uniform signage.

B.

Scope.

(1)

The provisions of this section shall govern the erection, alteration, and maintenance of all signs and outdoor display structures, together with their appurtenant and auxiliary devices, with respect to location, size, content, construction, structure, and fire safety.

(2)

The provision of this section shall not apply to:

(i)

Flags of any nation, state, county, City or other governmental unit and any not-for-profit organization.

(ii)

Banners of any nation, state, county or City affixed to utility poles provided approvals are received from the utilities and governmental units having jurisdiction over the poles and adjacent rights-of-way respectively.

(iii)

Signs or other materials temporarily displayed in conjunction with traditionally accepted patriotic, religious or local holidays or events.

(iv)

The erection, construction, and maintenance of official traffic, fire and police signs, signals and devices and markings of the state, county or City.

(v)

Non-illuminated directional or informational signs of a public nature.

(vi)

Real estate signs not exceeding six (6) square feet in area, which advertise the sale, rental, or lease of the premises, upon which said signs are located only. These signs shall be removed within five (5) days following the sale or lease of the property being advertised for sale or lease.

(vii)

Bulletin boards not over thirty-two (32) square feet in area, for public, charitable, or religious institutions which are located on the premises of said institutions.

(viii)

Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.

(ix)

Professional name plates or occupational signs.

(x)

Signs erected inside a building not visible through windows.

C.

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section except when the context clearly indicates a different meaning:

(1)

Abandoned sign: A sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, project or activity conducted or product available on the premises where such sign is displayed.

(2)

Animated sign: Any sign which includes action or motion. For purposes of this section, this term does not refer to flashing or changing, all of which are separately defined.

(3)

Banner: A sign made of fabric, plastic, paper or other light pliable material, not enclosed in a rigid frame.

(4)

Building face or wall: All window and wall areas of a building in one plane or elevation.

(5)

Changeable copy sign (manual): A sign on which copy is changed manually in the field, i.e., reader boards with changeable letters or changeable pictorial panels.

(6)

Changing sign (automatic): A sign such as an electronically or electrically controlled public service time, temperature and date sign, message center or reader board, where different copy changes are shown on the same lamp bank.

(7)

Copy: The wording or graphics on a sign surface.

(8)

Erect: To build, construct, re-construct, attach, hang, re-hang, alter, place, affix, enlarge, move or relocate.

(9)

Facade: The front or main part of a building facing a street; for purposes of this section, the facade is defined as measured from the ground elevation to the head beam.

(10)

Flashing sign: Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. Automatic changing signs such as public service time, temperature and date signs or electronically controlled message centers are not defined as "flashing signs."

(11)

Filling station (service station): Any business which dispenses, or is designed to dispense gasoline and/or oil for use in motor vehicles or boats.

(12)

Ground level: Immediate surrounding grade.

(13)

Height of sign: The vertical distance measured from the surrounding grade to the highest point of a sign.

(14)

Illegal signs: A sign which contravenes this section, or a nonconforming sign for which a permit required under a previous section was not obtained.

(15)

Interchange: The system of interconnecting ramps between two (2) or more intersecting guide ways, rail lines, highways, and so on that are grade separated.

(16)

Interior property line: Property lines other than those forming a dedicated public right-of-way.

(17)

Intersection: The point at which two or more guide ways or roadways meet.

(18)

Logo: A letter, character, or symbol used to represent a person, corporation or business enterprise.

(19)

Owner: A person recorded as such on official records and including the duly authorized agent or notary, a purchase lessee; any person having a vested or contingent interest in the property or business in question.

(20)

Premises: An area of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.

(21)

Roof line: The highest point of the coping on a flat roof, false mansard, or parapet wall; the deck line of a true mansard roof; the ridge line between the upper and lower slopes of a gambrel roof; or the mean height level between the eaves and ridge for a gable or hip roof.

(22)

Seasonal or special occasion temporary signs: A sign which is not permanent and is limited to a specific activity or in the celebration of holidays or other special events.

(23)

Shopping center: A building containing four (4) or more shops, stores, and other places of business, and providing off-street parking facilities in common for all of the businesses and their customers.

(24)

Show window signs: Any temporary sign advertising sales or specials attached to or within three (3) feet of the glass surface of any fixed window (glazing) visible from a public right-of-way.

(25)

Sign: Any identification, description, illustration or device illuminated or non-illuminated which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise or any emblem, painting, banner, pennant or placard designed to advertise, identify or convey information, with the exception of window displays and national flags. For the purpose of removal, signs shall also include all sign structures. Not included are decorative devices or emblems as may be displayed on a residential mailbox. For the purpose of this section, this definition shall include those signs painted directly upon a building or other structure.

(26)

Sign area: The area of the sign face. The sign area of a multi-faced sign is the sum of the sign areas of each face, including structural trim which can be seen from a single location on an adjacent street. If a sign is attached to a building or suspended in any manner whereby there is no apparent trim or confining border, the sign area shall be computed by drawing an imaginary straight line around a generally rectangular margin and measuring the area so encompassed upon a building or other structure.

(27)

Sign arm: The horizontal element of a pole sign from which the message area of the sign is attached.

(28)

Sign, attached: A sign erected or placed upon the wall of any building with the plane of the face parallel to the plane of the wall below the roof line.

(29)

Sign, automated teller machine: A sign that is painted or otherwise permanently affixed to a canopy whose principal function is to provide shelter to and identification of an automated teller machine (ATM).

(30)

Sign, awning: A sign that is painted or otherwise permanently affixed to an awning whose principal function is providing shelter to and identification of a building entrance.

(31)

Sign, commercial directory: A permanent pole sign designating the name of a commercial center and listing the various tenants of the center.

(32)

Sign, construction: A temporary sign used during the construction of new buildings or reconstruction of or additions to existing buildings, such as those identifying the project and denoting the owner, architect, engineer, contractor, and/or financing institutions of the project.

(33)

Sign, directional: A sign which indicates a direction for vehicular or pedestrian traffic or other movement.

(34)

Sign, fluttering: A sign which flutters and includes banners, flags, pennants, or other flexible material which moves with the wind or by some artificial means.

(35)

Sign, ground mounted: Any detached sign on the same Lot or parcel as the use it advertises which has its bottom portion erected upon or supported by the ground, a ground planter box, or other supports with an aggregate width of at least fifty (50) percent of the width of the sign.

(36)

Sign, hanging: Any sign hanging entirely beneath a canopy, portico, marquee, or below an arm on a residential pole sign.

(37)

Sign, illuminated: Any sign which is illuminated by light source mounted on or in the sign or at some other location.

(38)

Sign, memorial or tablets: The permanent part of a building which denotes the name of the building, date of erection, historical significance, dedication, or other similar information.

(39)

Sign, nonconforming: A sign legally erected prior to this section, but which does not conform to the provisions of this section.

(40)

Sign, occupational and/or identification: An attached wall sign not larger than .5 square feet in area identifying the name of a person occupying a building and mounted adjacent to the main entrance of the building.

(41)

Sign Permit: A license to proceed with erecting, construction, posting, altering, enlarging, maintaining, or relocating a sign. Said permit is issued by the City with prior review and approval by the Intergovernmental Commission, and must be constructed in accordance with all applicable building codes.

(42)

Sign, political: A temporary sign advocating or opposing any political proposition or candidate for public office.

(43)

Sign, pole: Any detached sign located on the same Lot or parcel as the use it advertises which is supported by one (1) or more stationary poles no taller than thirty (30) feet above the mean grade line of the ground at its base provided that this shall not include a permitted ground sign as set forth.

(44)

Sign, project identification: A permanent sign identifying a planned development, commercial/industrial subdivision or multi-family residential project.

(45)

Sign, projecting: Any sign which projects more than twelve (12) inches beyond the plane of the wall on which the sign is erected or attached.

(46)

Sign, property real estate: A sign pertaining only to the prospective rental, lease, or sale of the property upon which it is located. Real estate signs shall be excluded from the definition of pole signs.

(47)

Sign, roof: Any sign erected on a roof but excluding marquee and canopy signs and wall signs. The generally vertical plane of a mansard-type roof shall be interpreted as the same as a wall of a building.

(48)

Sign structure: The sign and all parts associated with its construction.

(49)

Sign supports: All structures by which a sign is held up, including, for example, poles, braces, guys, and anchors.

(50)

Sign, temporary: Any sign intended for a limited or intermittent period of display.

(51)

Sign, window: A temporary or permanent sign affixed to the interior or exterior of a window or placed immediately behind a window pane.

(52)

Special displays: Signs not exceeding thirty-two (32) square feet, used for holidays, public demonstrations, or promotion of civil welfare or charitable purposes.

(53)

Standard outdoor advertising structure and/or billboard: Any sign intended to attract general public interest concerning a commercial enterprise, product, service, industry, or other activity not conducted, sold or offered on the premises upon which the sign is erected. This includes billboards, detached pole signs on separate parcels, wall signs and signs otherwise attached to buildings and/or supported by uprights on braces on the ground. Real estate signs and political signs are excluded from this definition. Standard outdoor advertising structure and/or billboards shall not be permitted within the "AD" Airport District.

D.

Administration and enforcement.

(1)

Application/zoning approval. Except where herein otherwise stated, no sign subject to the regulations of this section shall be erected without obtaining a Sign Permit. To obtain a Sign Permit, the person(s) erecting the sign shall obtain zoning approval from the Intergovernmental Commission administrator. To obtain zoning approval, the person(s) shall complete an application form provided by said administrator. Applications for sign permits shall include, but not be limited to the following:

(i)

The names, addresses, and telephone numbers of the applicant, the owner of the property on which the sign is to be erected or affixed, the owner of the sign, the locator number, and the person to be erecting or affixing the sign.

(ii)

The location of the building, structure, or Lot on which the sign is to be erected or affixed.

(iii)

A site plan of the property involved, showing accurate placement thereon of the proposed sign.

(iv)

One (1) blueprint or ink drawing of the plans and specifications of the sign to be erected or affixed and method of construction and attachment to the building or in the ground. Such plans and specifications shall include details of dimensions, materials, color, and weight.

(v)

If required by the building commissioner, a copy of stress sheets and calculations prepared by or approved by a registered structural engineer licensed by the State of Missouri showing that the sign is designed for dead load and wind pressure in any direction in the amount required by this and all other applicable regulations.

(vi)

An easement of record from the owner of the building, structure, or property on which any off-site or project identification sign is to be erected or affixed.

(vii)

Commercial subdivision signs and/or project identification signs shall require written and graphic analysis of the sight lines along the public right-of-way. This study shall evaluate the visibility of the sign based on travel speed, reaction time, and distance.

(viii)

Such other information as the Intergovernmental Commission may be required to determine full compliance with this and other applicable ordinances of the City.

(2)

Compliance with building and electrical codes. The provisions of the applicable building code and electrical code adopted by the City for the Airport District shall govern the construction, alteration, and maintenance of all signs and outdoor display signs, with their permanent and auxiliary devices, so far as they do not conflict with the provisions of this section. The building commissioner shall enforce all provisions of these codes.

(3)

Removal of signs.

(i)

Unsafe signs shall be removed as provided in the building code.

(ii)

The building commissioner may cause the removal of any sign that is an immediate peril to persons or property summarily and without notice.

(iii)

If any sign is erected without a permit, the building commissioner shall order it removed.

(iv)

If a sign is erected or maintained so as to obstruct free ingress or egress from any door, window or fire escape, the building commissioner shall order it removed.

E.

Prohibited Signs. The following signs and advertising devices are hereby prohibited:

(1)

Animated signs;

(2)

Any sign erected in a public easement or right-of-way except as provided in this section;

(3)

Any sign erected so as to prevent free ingress to or egress from any door or window, or any other exit way required by the building or fire codes of the City;

(4)

Any sign attached to any public utility pole, tree, fire hydrant, curb, sidewalk or other surface located on public property;

(5)

Any sign erected in any location where, by reason of its location, it will obstruct the view of any authorized traffic sign, signal, or other traffic control device. Nor may any sign, by reason of its shape, position or color interfere with or be confused with any authorized traffic signal, sign or device. Further, no sign shall be erected in a location where it will obstruct vision of the public right-of-way to a vehicle operator during ingress to, egress from, or while traveling on the public right-of-way;

(6)

Any on-premises sign advertising an article or product not manufactured, assembled, processed, repaired or sold or a service not rendered upon the premises upon which the sign is located;

(7)

Any sign or advertising device such as banners and pennants affixed on poles, wires, ropes or streamers, wind-operated devices, fluttering signs, pinwheels, streamers, banners, street banners, and "A" frames or other portable signs of like nature, and other similar contractions or techniques;

(8)

Signs placed or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as permanent lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer;

(9)

Off-premises signs except as provided in this section;

(10)

Flashing signs including electronic message centers; however, not including digital time and temperature signs involving only that information and no further or additional information of an advertising nature. Such time/temperature signs shall be constant or steady in nature, and shall not grow, melt, x-ray, up or down scroll, write-on, travel, inverse, roll, twinkle, snow or present pictorials or other animation;

(11)

Portable signs, signs not permanently affixed to the ground;

(12)

Signs which contain characters, cartoons, statements, words or pictures of an obscene, indecent, prurient, or immoral character; and

(13)

Standard outdoor advertising structure and/or billboard.

F.

Nonconforming signs.

(1)

Any sign legally existing prior to enactment of this section but which shall violate any provision of this section, may continue to be maintained and used subject to the following provisions:

(i)

Enlargement. No nonconforming signs shall be enlarged, expanded, or extended to occupy a greater square footage or height than was occupied on the date of adoption or amendment of this section.

(ii)

Relocation. No nonconforming signs shall be moved in whole or in part to any other portion of the Lot, parcel or building not so occupied on the date of adoption of this section, except that any such sign which is hereafter required to be moved by a governmental body for the purpose of construction, relocation, widening, or improvement of a street, highway, or other public purpose, may be relocated once and allowed to be maintained and used as before.

(iii)

Discontinuance. If the business or service advertised or identified by a nonconforming sign ceases to be conducted for a period exceeding thirty (30) calendar days, the nonconforming sign shall be classified as an "abandoned sign," and removed.

(iv)

Destruction. Should any nonconforming sign be destroyed by any means to an extent of up to fifty (50) percent of its surface area or structure, it shall not be reconstructed, except in conformance with the requirements of this section.

(v)

If any existing sign is repainted or the sign panels be replaced for the purpose of changing the business, occupation, or tenant advertised or identified, it shall be considered a new sign. However, the repainting or replacement of panels on a billboard shall not be considered a new sign. Ordinary maintenance or repair of an existing sign to a safe condition shall not be cause to classify the sign as a new sign.

In cases of doubt or on a specific question rose whether a nonconforming sign exists, it shall be a question of fact decided by the Intergovernmental Commission administrator.

G.

Signage—Setbacks.

(1)

Permitted information signs, are allowed within the minimum Front Yard Setback.

(2)

Permitted directional signs, three (3) feet in height or less, are allowed within the minimum Front Yard Setback.

(3)

Other Signs may be permitted within the required setbacks as permitted by the Intergovernmental Commission.

(Ord. No. 2005-3240, 6-28-05)

Unless otherwise restricted by application of regulations and requirements set forth herein, the total height of any structure, not including rooftop mechanical equipment to such structure, shall not exceed forty-five (45) feet in height above the average finished ground elevation at the perimeter of such structure.

A.

Establishment of Certain Zones. Airport District zones ("Zone(s)") are hereby created and established in the City, which Zones include all of the land lying beneath Approach Surfaces, Transitional Surfaces, Horizontal Surfaces and/or Conical Surfaces (as such terms are defined herein) as they apply to the Airport District, and to the City in general. Such Zones are created pursuant to FAR Part 77, Subpart C (2004), and shall be amended from time to time in accordance with any amendments to FAR Part 77, as applicable to the Airport.

B.

Airport Zone Height Limitations. Except as otherwise provided for in this section, no Structure shall be erected, altered, or maintained, and no tree or other object of natural growth shall be allowed to grow in any Zone created by this section to a Height in excess of the applicable Height herein established for such Zone. Other regulations appearing in this section that are inconsistent herewith are superseded to the extent of such inconsistency. An area located in more than one of the above defined Zones shall be deemed to be in the Zone with the more restrictive Height limitation.

C.

Zone Height Limitations Established. The various Zones and their Height limitations are hereby established and defined as follows:

(1)

Approach zone shall have a width at its inner edge of one thousand (1,000) feet and expanding outwardly to a width of sixteen thousand (16,000) feet at a horizontal distance of fifty thousand (50,000) feet from the Primary Surface. The center line of the Approach Zone shall be the continuation of the center line of the Runway. The Height limitations shall be established by an imaginary plane sloping fifty (50) feet outward for each foot upward commencing at the end of and at the same elevation as the Primary Surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended Runway centerline; thence sloping upward one foot vertically for each forty (40) feet horizontally to an additional distance of forty thousand (40,000) feet along the extended Runway center line.

(2)

Transitional zones shall be the areas beneath the Transitional Surfaces. The Height limitations shall be established by an imaginary plane sloping seven (7) feet outward for each foot upward, commencing at the sides of and at the same elevation as the Primary Surface and the Approach Surface, and extending to a Height of one hundred fifty (150) feet above the Airport Elevation, as specified in subsection (5) of this section. In addition to the foregoing there are established Height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the Approach Surface, and extending to where they intersect the Conical Surface. Where the Approach Zone projects beyond the Conical Zone, there are established Height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the Approach Surface, and extending a horizontal distance of five thousand (5,000) feet measured at ninety-degree angles to the extended Runway center line.

(3)

Horizontal zone is established by swinging arcs of ten thousand (10,000) feet radii from the center of each end of the Primary Surface of each Runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The Horizontal Zone does not include the Approach and Transitional Zones. The Height limitation shall be established by an imaginary plane lying one hundred fifty (150) feet above the Airport Elevation, as designated in subsection (5) of this section.

(4)

Conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of four thousand (4,000) feet. The Height limitation shall be established by an imaginary plane sloping twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred fifty (150) feet above the Airport Elevation, as designated in subsection (5) of this section, and extending to a Height of three hundred fifty (350) feet above the said Airport Elevation.

(5)

Nothing in this section shall be construed to prohibit the emplacement, construction, maintenance or growth of any Object not exceeding a Height of thirty-five (35) feet above the Airport Elevation at the base of such Object.

(6)

Notwithstanding any other provisions of this Ordinance no use may be made of land or water within any Zone established by this section in such a manner as to create electrical interference with navigational signals or radio communication between the Airport and Aircraft, make it difficult for pilots to distinguish between Airport lights and others, result in glare in the eyes of pilots using the Airport, impair visibility in the vicinity of the Airport, create a bird strike hazard, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of Aircraft intending to use the Airport.

(7)

The regulations prescribed by this section shall not be construed to require the removal, lowering, or other change or alteration of any Object not conforming to such regulations as of the effective date of this section, or to otherwise interfere with the continuance of a Nonconforming Use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any Object, the construction or alteration of which was begun prior to the effective date of this section, and is diligently prosecuted. Notwithstanding the preceding provision of this paragraph, the owner of any existing nonconforming Structure or Object is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Intergovernmental Commission to indicate to the operators of Aircraft in the vicinity of the Airport of the presence of such Airport Obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the City to be protected thereby.

D.

Permitting. The following regulations regarding permitting are hereby adopted for the purpose of preventing the creation or establishment of Obstructions that are a Hazard to Avigation. It is hereby determined that it is necessary and in the interest of the public health, public safety and general welfare that the creation or establishment of Obstructions that are a Hazard to Avigation be prevented, and that the prevention of these Obstructions should be accomplished to the extent possible, by the exercise of the police power without compensation.

(1)

Future Uses. Except as specifically provided for in (1), (2) and (3) hereunder, no material change shall be made in the use of land, no Structure shall be erected or otherwise established, and no tree or other object of natural growth shall be planted in any Zone hereby created unless a permit therefore shall have been applied for and granted by the Intergovernmental Commission. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity on which to base a determination whether the resulting use, Structure, tree or object of natural growth would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been approved by the Board of Adjustment.

(Ord. No. 2005-3240, 6-28-05)

A.

Intent and Purpose. The site development plan ("Site Plan") approval procedure for the Airport District as set forth herein is intended to ensure the adequate review and consideration of potential impacts of proposed Development within the Airport District upon the Airport, and upon surrounding uses and activities. In addition, the Site Plan approval procedure for the Airport District as set forth herein is intended to encourage and enforce a high standard of site, Building and other improvement design and Development, and which are consistent and compatible with Airport operations. Other regulations appearing in this chapter that are inconsistent herewith are superseded to the extent of such inconsistency.

B.

Principles and Standards. In reviewing the Site Plan, the Intergovernmental Commission shall ascertain whether it is consistent with all regulations of the Zoning Section, including, but not limited to, this section. Further, in consideration of each application and Site Plan, the applicant shall demonstrate to the satisfaction of the Intergovernmental Commission that the street, parcel, and Development pattern proposed is specifically adapted to the uses anticipated. The following principles and standards shall be observed:

(1)

Traffic. The movement of vehicular and pedestrian traffic, including pedestrian access to open-space and recreational areas, within the site to be developed and in relation to access streets shall be safe and convenient. A traffic study may be required, as appropriate.

(2)

Surrounding Uses. The proposed Development will not be harmful to the existing and future uses in the immediate area or the Airport.

(3)

Buffer Yards. Public Use Areas that buffer Lots shall be landscaped to screen views of the service and functional needs of such Lots. Particular attention should be paid to views from public streets, nearby Structures, adjoining properties, and adjoining recreational areas.

(4)

Street and Driveway Intersections. Planting design for intersections shall not impede safe sight lines for vehicles, bicyclists and pedestrians. Generally, plantings should be shrubs, annuals, perennials and ground covers of low height.

(5)

Irrigation. Automatic underground irrigation systems shall be installed in all landscaped areas.

(6)

Parking Areas. Landscaping shall be integrated into the Parking Areas to interrupt large masses of paving, to provide shade, and to emphasize pedestrian corridors within the Parking Areas. Canopy trees shall be provided on the ends of parking rows, within parking rows, and surrounding Parking Areas, and shall be planted with a minimum of 160 square feet per tree.

(7)

Prohibited Plants. Plants known to produce material which interferes with modern mechanical devices (such as cottonwood or sycamore) or which cause other mechanical maintenance problems shall be prohibited.

(8)

Recreational Areas. Plantings shall be installed in conjunction with recreational uses. Plantings should be used to define edges, screen views, and provide shade for users.

(9)

Relation to Architecture. Landscape elements shall relate to architectural design elements and shall reflect the physical and functional qualities of the Airport District.

(10)

Screening. Landscaping shall screen views to loading zones, dumpsters and large trash receptacles, and mechanical equipment.

(11)

Street Trees. Where Public Use Areas adjoin public streets, there shall be trees planted within the right-of-way at a minimum spacing of fifty (50) feet on center. Such trees shall be of a species and variety consistent with the plantings already planned or installed along the street. Street trees shall have a minimum caliper of 2.5 inches.

(12)

Trees and shrubs. Ornamental trees and shrubs shall be utilized in all landscaped areas to create color and variety. Evergreen trees shall be utilized in landscaped areas to create year-round screening and color.

(13)

Unpaved Ground. All unpaved ground (including vacant lots) shall be landscaped in a manner that is complementary to surrounding architecture, provides the required screening, and forms a transition to natural and other landscape features.

(14)

Yards—Front, Side and Rear. Landscaping shall frame desirable views of Buildings and identify vehicular and pedestrian entries.

(15)

Environmental Art. Environmental art, including public art, fountains, and earthworks, shall be incorporated throughout Public Use Areas, including signage node locations.

(16)

Lighting. Street lights, pedestrian lights and accent lights shall be selected to have a consistent appearance in material, color, and lamp type throughout the Airport District. Exterior lighting shall be designed to provide security and identification. Unshielded wall mounted lighting fixtures shall be prohibited in parking and loading areas. Building accent lighting and signage lighting shall be shielded to control light pollution. Under Canopy lighting shall be flush with the bottom surface of the canopy.

(17)

Hazardous Wildlife. Land uses and Development in the Airport District shall be restricted to those uses which do not enhance the attractiveness of the Airport District to Hazardous Wildlife. Specifically, storm water detention ponds shall hold storm water for short periods of time, rather than indefinitely. Such detention ponds shall be steep-sided, narrow, linearly-shaped, riprap lined, water detention basins. All vegetation in or around such detention ponds that provides food or cover for Hazardous Wildlife shall be eliminated. Where possible, the use of underground storm water infiltration systems shall be used.

(18)

Open Spaces. Pedestrian access points shall be provided adjacent to Open Spaces. Drives and vehicular circulation patterns shall allow for emergency vehicles to easily access Open Spaces.

(19)

Pedestrian Circulation. A linked system of sidewalks, walkways, paths and trails shall be developed, allowing pedestrians and bicyclists to travel throughout the Airport District and to access Open Spaces, Natural Areas, recreational areas and Public Use Areas. Parking Areas and Building entrances shall be connected to the larger pedestrian network.

(20)

Perimeter Buffer. Public Use Areas located around the perimeter of the Airport District, but not adjacent to similar neighboring airport districts, shall be developed to separate and screen commercial uses in the Airport District from existing residential uses outside thereof. These perimeter Public Use Areas shall be used as corridors for hiking and biking trails.

(21)

Public Streets. All public streets shall be constructed in accordance with the Airport District Subdivision Regulations.

(22)

Sanitary Sewers. Sanitary sewers shall be constructed to Metropolitan St. Louis Sewer District (MSD) standards and dedicated to MSD.

(23)

Service and Loading. Service and loading areas shall be located to avoid direct views thereof from Public Use Areas and Open Spaces. Building elements and landscaping shall be used to screen such areas and vehicles that may be located therein.

C.

Application and Submission Requirements.

(1)

All new construction or Development within the Airport District shall be required to receive Site Plan review and approval from the Intergovernmental Commission.

(2)

Any Person with a financial, contractual or proprietary interest in the property to be developed may file a request for Site Plan review by the Intergovernmental Commission by filing with the Intergovernmental Commission the completed application upon the forms provided for by said body and payment of the review fee, if any. As an integral part of said application, the applicant shall file at least fifteen (15) copies of a Site Plan in the office of the Intergovernmental Commission.

(3)

Any such Site Plan application shall contain the following information, as well as such additional information as the Intergovernmental Commission may require.

(i)

All applications shall be signed by the applicant and shall state the applicant's name and current mailing address.

(ii)

The Site Plan shall include all necessary data and drawings to enable the Intergovernmental Commission to determine whether the proposed use and Development complies with the Airport District requirements.

(4)

Every Site Plan submitted to the Intergovernmental Commission shall be in accordance with the following requirements of this section:

(i)

The Site Plan shall be of a scale not to be greater than one (1) inch equals twenty (20) feet nor less than one (1) inch equals one hundred (100) feet, and of such accuracy that the Intergovernmental Commission can readily interpret the Plan, and shall include more than one (1) drawing where required for clarity.

(ii)

The property shall be identified by Lot lines and location, including dimensions, angles, and size, correlated with the legal description of said property. The Site Plan shall be designed and prepared by a qualified land planner, registered professional architect, engineer or land surveyor. It shall also include the name and address of the property owner(s), developer(s), and designer(s) (and their seal).

(iii)

It shall show the scale, north point, boundary dimensions, and natural features such as woodlots, streams, rivers, lakes, drains, topography (at least two (2) foot contour intervals; when terrain is irregular or drainage critical, contour interval shall be two (2) foot) and similar features.

(iv)

It shall show existing manmade features such as Buildings, Structures, easements, high tension towers, pipe lines, existing utilities such as water and sewer lines, etc., excavations, bridges, culverts, and drains and shall identify adjacent properties within one hundred (100) yards and their existing zoning and uses.

(v)

It shall show the location, proposed finished floor and grade line elevations, size of proposed main and Accessory Buildings, their relation to one another and to any existing Structures to remain on the site, and the Height of all Buildings and Structures, as well as Building elevations and materials proposed for the Structures under consideration.

(vi)

It shall show the proposed streets, driveways, sidewalks and other vehicular and pedestrian circulation features within and adjacent to the site; also the location, size and number of Parking Spaces in the off-street Parking Areas and identification of service lanes, service parking and loading zones, in conformance with the requirements set forth herein.

(vii)

It shall show the location and size of all existing utilities (public and private) serving the property as well as the location and size of all proposed utilities to serve the property. All necessary utilities (public and private) will be available, functioning, and usable at the time any stage of the project or the total project is ready for occupancy.

(viii)

Any proposed alterations to the topography and other natural features shall be indicated.

(ix)

The location, height, and intensity of all exterior lighting.

(x)

The location and type of trash pick-up proposed must be designated.

(xi)

The location of the site and its relationship to surrounding uses, Buildings and zoning;

(xii)

The location and size of each Building on the site;

(xiii)

The dimensions and area of the Lot or site;

(xiv)

The location of all existing trees over six (6) inches caliper if deciduous or over six (6) feet in height if evergreens and an indication of all such trees to be removed and all to remain;

(xv)

Landscape plan, including a detailed drawing to scale and schedule of all plant material to be provided or preserved by the plan including the size, location, type and method of planting for trees, shrubs, and ground covers as well as related site improvements such as walls, berms, fences, walkways, street furniture and lighting elements;

(xvi)

The location, general design and width of driveways, curb cuts and sidewalks;

(xvii)

Existing and proposed site grades at a minimum two (2) feet contour intervals;

(xviii)

Erosion and storm water management plan as required;

(xix)

The general use and Development of the site, including all recreation and Open Space areas, plazas, all major landscaping and all buffering from adjacent activities or uses;

(xx)

Existing and proposed on-site utilities including storm water collection and detention, gas, electricity and telephone lines or substations;

(xxi)

The location and identification of any other proposed facilities or site improvements;

(xxii)

An architect's rendering of the proposed Structure or facility to be provided; and

(xxiii)

The location, size and height of all free standing Signs.

(5)

More specific submission requirements may be separately published as administrative regulations passed and approved by the Intergovernmental Commission and filed with the City Clerk.

D.

Review Procedure.

(1)

An application for Site Plan review shall be submitted for any new construction or Development within the Airport District.

(2)

The Intergovernmental Commission shall coordinate the review and analysis of the application for Site Plan review by its staff, which may contract with local governing authorities for such review and analysis, before final action may be taken by the Intergovernmental Commission on the application. The Intergovernmental Commission shall undertake review and shall approve or deny the Site Plan and application therefore at its scheduled meeting. Written notice will be sent at least five (5) days prior to the applicant stating the time and place of review of the Site Plan by the Intergovernmental Commission. This coordinated administrative review of the application shall be completed within sixty (60) days of the date of filing.

E.

Preliminary Site Plan Review. At the applicant's discretion, he/she may choose, following the submission of the report to the Intergovernmental Commission, to regard his/her initial application as a preliminary Site Plan. He/she may then respond to the review of the Intergovernmental Commission and submit a revised final Site Plan to the Intergovernmental Commission for its consideration and final action within an additional forty-five (45) days thereafter.

F.

Approval of Site Plan. Upon Intergovernmental Commission approval of a Site Plan the applicant shall file with the Intergovernmental Commission six (6) copies thereof. The Secretary of the Intergovernmental Commission shall sign and certify that each copy conforms to the provisions of the Zoning Section as determined and approved by the Intergovernmental Commission. If the Site Plan is denied by the Intergovernmental Commission, explanation and notification of denial shall be given to the applicant(s).

G.

Effect of Denial of Site Plan. No application which has been denied (either wholly or in part) shall be resubmitted for a period of eight (8) months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by resolution of the Board of Directors of Intergovernmental Commission.

H.

Expiration of Site Plan Certificate. The Site Plan Certificate shall expire, and be of no effect, one hundred eighty (180) days after the date of issuance thereof, unless within such time a Building Permit for any proposed work authorized under the said site certificate has been applied for or issued. The Site Plan certificate shall expire and be of no effect three hundred and sixty (360) days after the date of its issuance, if construction has not begun and been pursued diligently on the property.

I.

Revision of Site Plan. A Site Plan may be amended or revised by the Intergovernmental Commission so far as the Intergovernmental Commission-approved Site Plan is concerned, for which the City has not issued a Building Permit, or the work authorized under an issued Building Permit has not been completed. Such amendment shall be made upon application and in accordance with the procedure provided herein for Site Plan approval.

J.

Violations. The filing of a Site Plan shall constitute an agreement by the owner and applicant, their heirs, successors, and assigns, that if the Site Plan is approved by the Intergovernmental Commission, permits issued for the improvement of such property and activities subsequent thereto shall be in conformance with the approved Site Plan for the property in question. The approved Site Plan shall have the full force and effect of the Zoning Section. Any violations shall be grounds for the Section Enforcement Officer to issue stop work orders, withhold further permits, and take all actions necessary for the assessment of all penalties and fines as may be permitted by law.

K.

Site Plan Bond. As a condition of approval of the Site Plan, the Intergovernmental Commission may require a deposit by the applicant with the City Clerk in the form of cash, certified check, or letter of credit acceptable to the Intergovernmental Commission, to insure performance of any obligations of the applicant to make improvements shown upon the detailed Site Plan. The deposit shall be in an amount sufficient to insure completion of the improvements within the time specified by the Intergovernmental Commission in accordance with regulations and standards established by the same. The Clerk shall rebate to the applicant, as the work progresses, amounts of any cash deposits equal to the ratio of the work completed to the entire improvements shown upon the detailed Site Plan as verified by the Intergovernmental Commission, and authorized by the City.

L.

Conditions and Restrictions.

(1)

In approving a Site Plan application, the Intergovernmental Commission may impose conditions and restrictions and may vary the standards and prescribe Development standards within the range of such discretion as set forth herein and further, as may be approved by the City so long as the general intent of this section is carried out.

(2)

If the Intergovernmental Commission imposes conditions or restrictions, it shall designate specific requirements which must be met before an applicant may be granted formal approval of a Site Plan and Building occupancy permits

(Ord. No. 2005-3240, 6-28-05)

Where there exists a conflict between any of the regulations or limitations prescribed in this Airport District and any other regulations applicable to the same area, whether the conflict be with respect to the height of Structures, trees, or other Objects, and the use of land, or any other matter, the regulations contained herein as they apply to the Airport District shall govern and prevail.

(Ord. No. 2005-3240, 6-28-05)