Glendale City Zoning Code
ARTICLE IX
Commercial District Regulations for All Commercial Districts
Section 400.570 Use Regulations.
[R.O. 2010 §400.570; CC 1970 §33-21.1; Ord. No. 6-71 §1, 6-22-1971; Ord. No. 6-92 §1, 7-6-1992; Ord. No. B22-04 §1, 11-15-2004]
A.
A building or premises shall be only used for the purpose for which a use permit was granted and which is a use permitted in the district in which it is located.
B.
All activities as permitted or required in the commercial districts shall be conducted wholly within an enclosed building with the exception of restaurants who receive a special use permit for outdoor dining under conditions required in the special use permit, permitted new and used car dealerships which may store automobiles outside of buildings, gasoline service stations which may maintain pumps, service automobiles and fill gasoline and oil into automobiles outside of a building.
Section 400.580 Off-Street Parking.
[R.O. 2010 §400.580; CC 1970 §33-21.5; Ord. No. 6-71 §1, 6-22-1971]
Off-street parking shall be as required in Chapter 410 of this Code.
Section 400.590 Loading Spaces.
[R.O. 2010 §400.590; CC 1970 §33-21.6; Ord. No. 6-71 §1, 6-22-1971]
Loading spaces shall comply with Chapter 410 of this Code.
Section 400.600 Screening.
[R.O. 2010 §400.600; CC 1970 §33-21.7; Ord. No. 6-71 §1, 6-22-1971]
Screening shall comply with Chapter 410 of this Code.
Section 400.610 Development Regulations.
[R.O. 2010 §400.610; CC 1970 §33-21.8; Ord. No. 6-71 §1, 6-22-1971]
A.
The owner of any tract of land seeking to zone the land to any type commercial district shall, at the time of filing of the petition for rezoning with the Board of Aldermen, file a preliminary development plan. In the case of land already zoned to commercial district, the preliminary development plan shall be filed by the petition of the owner or developer. The preliminary development plan hereinabove referred to shall include the following:
1.
Plot plan showing the size, dimensions and locations of the property.
2.
The proposed building lines.
3.
The proposed use.
4.
Location and approximate size of buildings.
5.
The tentative parking and circulation patterns.
6.
The approximate existing and proposed contours.
7.
The planting areas.
8.
The type, size and location of proposed signs not attached to the buildings.
B.
Upon the filing by the owner or developer of the application for the preliminary development plan with the Board of Aldermen, the Board shall refer the same to the Plan Commission for review, study and recommendations. Upon receipt of the report of the Plan Commission, the Board of Aldermen shall conduct a public hearing concerning the same after having given notice of the time, place and purpose of such public hearing by at least one (1) notice in a newspaper of general circulation within the City at least fifteen (15) days prior to the date of the public hearing, and by sending a copy of such notice by First Class Mail to all property owners shown by the City tax records within three hundred (300) feet of the boundaries of the area. After the public hearing, the Board of Aldermen may then either approve, disapprove or modify and then approve the application and the preliminary development plan, or it may return same to the Plan Commission for further study and report.
C.
Within twelve (12) months from the date of the approval by the Board of Aldermen of the application and the preliminary development plan, a final development plan shall be filed with the Board of Aldermen and the Board shall refer same to the Plan Commission for its study and review. Such final development plan, in addition to matters shown on the preliminary development plan, shall include the following:
1.
The existing and proposed contours.
2.
The landscape plan with the specific location of all plant material specifying size, species and location (Both as to buffer area around the perimeter as well as that in the parking lots).
3.
All proposed uses.
4.
All structures, present and future.
5.
Sidewalks.
6.
Parking spaces and moving traffic lanes.
7.
Loading and delivery zones.
8.
Ingress and egress facilities.
9.
Plan for the provision of water sanitary and storm drainage facilities.
10.
All easements and dedications.
11.
Signs.
12.
Details of lighting of parking lots and outside of buildings, including location, type and intensity.
13.
All other information which the Plan Commission or Board of Aldermen may designate.
No building permit shall be issued to construct any part or all of the development in the district until such time as the Metropolitan St. Louis Sewer District has approved the sanitary and storm sewers and drainage, the Plan Commission has made its recommendations and the Board of Aldermen has approved the final development plan and unless the construction plans meet all requirements of the City and the City's Building Code. However, nothing contained herein shall be construed to prohibit such grading and site work as shall be needed to prepare the tract for development; provided, that approval of the Plan Commission and the Board of Aldermen is received in writing from their authorized representative for such grading and site work and a grading permit is secured. |
D.
No improvements, buildings, facilities, commercial establishments or service concerns of any character may be constructed upon, or may occupy or use, any portion of a commercial district until a performance bond, or a performance escrow sufficient to insure to the City either the completion of all such improvements or, alternatively, to pay the estimated expenses of restoring the ground to its pre-existing condition if such improvements are undertaken but not completed, in an amount as determined by the Plan Commission and approved by the City Attorney and the Mayor and the Board of Aldermen, is posted and filed with the City Administrator. If any parcel of land is to be developed in sections, all improvements including parking facilities, necessary to the proper operation and functioning of the entire parcel even though such improvements may be located outside the section under development, must be constructed, installed or planted at the time of the development of the first section; provided, that on showing of hardship, this requirement may be waived by the Board of Aldermen. Within twenty-four (24) months of the date of approval of the final development plan by the Board of Aldermen, construction shall commence, or the permit shall be void. Any transfer of ownership or lease of the property shall include in the transfer or lease agreement a provision that the purchaser or lessee agrees to be bound by the conditions herein set forth and the approved development plan for the property.
There shall be adequate legal provisions to insure that the development plan approved will be actually constructed and completed and that any common areas will be properly protected and maintained, and in order to effectuate this Subsection it may be required as a condition of approval of the development plan that deed restrictions or a trust indenture be executed and recorded.
Section 400.620 Change of Use.
[R.O. 2010 §400.620; CC 1970 §33-21.9; Ord. No. 6-71 §1, 6-22-1971]
The use permitted in any area shall not be changed except with resubmission of the proposed use to be made of the property to the Plan Commission for its recommendations and to the Board of Aldermen for approval and compliance with all of the terms and conditions of this Article.
Section 400.630 Exceptions.
[R.O. 2010 §400.630; CC 1970 §33-21.10; Ord. No. 6-71 §1, 6-22-1971]
A.
In the event that any proposed use which is a designated use in a particular commercial area shall in the opinion of a majority of the Board of Aldermen be a questionable use of the particular property, by reason of its location and relationship to adjacent streets or residential property, the Board of Aldermen shall refer the matter to the Plan Commission.
B.
The City Plan Commission shall investigate and report as to the effect of such building or use upon traffic and fire hazards, the character of the neighborhood and the general welfare of the community. Such report and recommendation shall be filed with the Board of Aldermen within sixty (60) days of the day of reference to the Commission.
C.
Upon receipt of the report and recommendation of the City Plan Commission, the Board of Aldermen shall not grant a permit unless it shall hold a public hearing in relation to the matter. Notice shall be given of the time and place thereof by causing a notice thereof to be published at least two (2) times in a newspaper printed or published in the City. If no newspaper be printed or published in the City, then in a newspaper of general circulation in the City. The first publication of the notice shall be at least fifteen (15) days prior to the day of such hearing.
D.
After such hearing, the Board of Aldermen shall determine whether such building or use will:
E.
If the Board's findings are negative as to all provisions and requirements referred to hereinabove, then the application shall be granted; if the Board of Aldermen's findings should be affirmative as to any of the provisions and requirements of the foregoing Subsection (D)(1 — 5) inclusive, then such permit shall be denied.