Maryland Heights City Zoning Code
ARTICLE 11
- SCHEDULE OF DISTRICT REGULATIONS.
Sec. 25-11.1.- "NU" Non-urban district regulations.
A.
Purpose. This zoning district is composed of those areas of the city whose principal use is and ought to be agricultural and single-family dwellings on large sized lots. The regulations of this district are designed to ensure harmony with the principal uses of this district.
B.
Permitted uses. The listing of permitted uses is set out in appendix B, Land use and required parking matrix, of this chapter.
C.
Conditional uses. The listing of conditional uses is set out in appendix B, land use and required parking matrix, of this chapter.
D.
Regulations and performance standards. The following regulations shall apply in all "NU" non-urban districts.
1.
Lot area.
a.
Single-family dwellings shall be located on lots containing an area of not less than three (3) acres.
b.
Where a use is not connected to a public sewer, an engineer's report, by a registered engineer, for on-site disposal, shall be sufficient to meet current health standards, and shall require the review and approval of the Metropolitan Saint Louis Sewer District (MSD) and the city engineer upon application for a building permit.
2.
Lot width. The minimum lot width shall be two hundred twenty-five (225) feet at the building line.
3.
Lot coverage. The maximum lot coverage shall not exceed thirty (30) percent.
4.
Yard and setback requirements.
a.
Front yard—Not less than fifty (50) feet from the right-of-way.
b.
Side yard—Not less than thirty (30) feet except in the case of a corner lot where the side yard on the street side shall not be less than fifty (50) feet.
c.
Rear yard—Not less than fifty (50) feet.
d.
Where livestock is raised or kept, no structure or storage of hay, feed, or manure shall be located less than one hundred (100) feet from a property line.
e.
Additional setbacks from riparian corridors may be required as per the stream buffer protection requirements of this Code (section 6-397, land development requirements).
5.
Height requirements. Except as otherwise provided in article 13 of this chapter, the following height requirements shall apply in this district:
a.
No dwelling or non-farm building or structure shall exceed a height of thirty-five (35) feet.
b.
No general or specialized farm building or structures shall exceed a height of fifty (50) feet.
6.
Building design. All new non-residential buildings and/or projects shall be subject to article 13 of this chapter.
7.
Off-street parking. As required in article 14 of this chapter.
8.
Signs. As required in article 15 of this chapter.
9.
Landscaping. As required in article 16 of this chapter.
10.
Environmental standards. As required in article 17 of this chapter.
11.
Lighting. As required in article 18 of this chapter.
(Ord. No. 2008-3179, § 1, 12-18-08)
Sec. 25-11.2. - "R-1" Single-family residential district.
A.
Purpose. This zoning district is composed of those areas of the city whose principal use is and ought to be single-family dwellings on large sized lots. The regulations of this district are designed to create and preserve a predominantly suburban character as evidenced by lot sizes, street right-of-way, and drainage requirements. In addition to the dwellings permitted in this district, certain compatible recreational and public uses are conditionally allowed and strictly regulated to ensure harmony with the principal use of this district.
B.
Permitted uses. The listing of permitted uses is set out in appendix B, land use and required parking matrix, of this chapter.
C.
Conditional uses. The listing of conditional uses is set out in appendix B, land use and required parking matrix, of this chapter.
D.
Regulations and performance standards. The following regulations shall apply:
1.
Lot area.
a.
The minimum lot area for this district shall be not less than one (1) acre forty-three thousand five hundred and sixty (43,560) square feet.
b.
Subject to the provisions of subsection [D(1)c.] below, for uses other than dwellings, the lot area shall be adequate to provide the yard area required by this district and the off-street parking required by article 14 of this chapter, but shall in no case be less than one (1) acre.
c.
Where a use is not connected to a public sewer, the lot area shall be increased to the area determined as adequate by MSD and the city engineer.
2.
Minimum lot width and depth.
a.
The minimum lot width at the building line shall be one hundred twenty-five (125) feet.
b.
Where a lot fronts a cul-de-sac, a thirty-five-foot width at the street right-of-way is required.
c.
The minimum lot depth for this district shall be two hundred (200) feet.
3.
Lot coverage. No maximum lot coverage shall be required.
4.
Yard requirements.
a.
Front yard—Not less than forty (40) feet.
b.
Side yard—Not less than fifteen (15) feet on each side of the dwelling.
c.
Rear yard.
i.
Principal structure—Not less than forty (40) feet.
ii.
Unroofed and unenclosed deck, pool, or accessory structure—Not less than twenty-five (25) feet.
d.
Additional setbacks from riparian corridors may be required as per the stream buffer protection requirements of this Code, section 6-397, land development requirements.
e.
Exceptions to the minimum yard requirements for certain structures or improvements shall be permitted in accordance with section 25-12.10, yard exceptions.
5.
Height requirements.
a.
No building or structure shall exceed a height of thirty-five (35) feet.
b.
No detached accessory building shall be higher than the main building (see section 12.3, accessory buildings and structures, for additional information).
6.
Building design. All new non-residential buildings and/or projects shall be subject to article 13 of this chapter.
7.
Off-street parking. As required in article 14 of this chapter.
8.
Signs. As required in article 15 of this chapter.
9.
Landscaping. As required in article 16 of this chapter.
10.
Environmental standards. As required in article 17 of this chapter.
11.
Lighting. As required in article 18 of this chapter.
12.
Amenity incentives. The purpose of providing amenity incentives is to encourage the provision of specified amenities in connection with developments in exchange for higher permitted densities. The amenities can include provision of recreational facilities or preservation of natural features such as lakes, woods and common open space. An applicant who proposes an amenity shall be entitled to an amenity incentive in accordance with the following:
a.
An application for amenity incentive shall consist of the following information, which shall accompany the preliminary plan for the development:
i.
A written statement describing the amenity, and location of the development for which the incentive is requested.
ii.
Information including distances, dimensions, floor area, and any other information deemed appropriate in order to determine whether an amenity qualifies for an amenity incentive and the amount of such amenity incentive.
iii.
The type and amount of the amenity incentive the applicant is requesting along with the applicant's computation of such amount.
iv.
A site plan drawn to scale incorporating the amenity incentive requested and illustrating the location and type of amenity to be provided,
b.
The planning commission in connection with its review of the preliminary plan shall determine whether an amenity to be provided complies with the provisions of this section, and if so, shall approve the amenity incentive provided for in this section. If the amenity to be provided for which the amenity incentive is requested does not comply with the provisions of this section, the amenity incentive shall be disapproved,
c.
In determining the eligibility of a proposed amenity the planning commission shall consider the following:
i.
The type of amenity to be provided and its relevance to the overall concept and design of the development under consideration.
ii.
The size and/or extent of the proposed amenity.
iii.
The design and/or location of the proposed amenity from the standpoint of usability as it relates to the basic purpose of the amenity.
iv.
The location of the proposed amenity as it relates to the overall development from the standpoint of availability to the future residents of the development.
v.
The design and/or location of the proposed amenity as it relates to adjoining properties both within and outside of the development from the standpoint of potential adverse impacts, or other interference.
d.
The provision of the amenities shown in table 11.1, amenity incentives, in the proposed development will qualify the development for the following increases in density, provided that the total cumulative density increase does not exceed fifty (50) percent of the maximum density permitted in the district where the property is located.
(Ord. No. 2008-3179, § 1, 12-18-08; Ord. No. 2009-3290, § 9, 9-3-09; Ord. No. 2014-3849, § 1, 2-20-14; Ord. No. 2018-4308, § 1, 2-15-18)
Sec. 25-11.3. - "R-2" Single-family residential district.
A.
Purpose. This zoning district is composed of those areas of the city whose principal use is and ought to be single-family dwellings on large sized lots. The regulations of this district are designed to create and preserve a predominantly suburban character as evidenced by lot sizes, street right-of-way, and drainage requirements. In addition to the dwellings permitted in this district, certain compatible recreational and public uses are conditionally allowed and strictly regulated to ensure harmony with the principal use of this district.
B.
Permitted uses. The listing of permitted uses is set out in appendix B, land use and required parking matrix, of this chapter.
C.
Conditional uses. The listing of conditional uses is set out in appendix B, land use and required parking matrix, of this chapter.
D.
Regulations and performance standards. The following regulations shall apply:
1.
Lot area.
a.
The minimum lot area for this district shall be no less than one-half (½) acre twenty one thousand seven hundred and eighty (21,780) square feet.
b.
Subject to the provisions of subsection c below, uses other than dwellings, the lot area shall be adequate to provide the yard area required by this district and the off-street parking required by article 14 of this chapter but shall in no case be less than one-half (½) acre.
c.
Where a use is not connected to a public sewer, the lot area shall be increased to the area determined as adequate by MSD and the city engineer.
2.
Minimum lot width and depth.
a.
The minimum lot width at the building line shall be no less than one hundred (100) feet.
b.
Where a lot fronts a cul-de-sac, a thirty-five-foot width at the street right-of-way line is required.
c.
The minimum lot depth for this district shall be one hundred seventy (170) feet.
3.
Lot coverage. No maximum lot coverage shall be required.
4.
Yard requirements.
a.
Front yard—Not less than forty (40) feet.
b.
Side yards—Not less than twelve (12) feet on each side of the dwelling.
c.
Rear yard.
i.
Principal structure—Not less than forty (40) feet.
ii.
Unroofed and unenclosed deck, pool, or accessory structure—Not less than twenty (20) feet.
d.
Additional setbacks from riparian corridors may be required as per the stream buffer protection requirements of this Code (section 6-397, land development requirements).
e.
Exceptions to the minimum yard requirements for certain structures or improvements shall be permitted in accordance with section 25-12.10, yard exceptions.
5.
Height requirements.
a.
No building or structure shall exceed a height of thirty-five (35) feet.
b.
No detached accessory building shall be higher than the main building (see section [25-12.3], accessory buildings and structures, for additional information).
6.
Amenity incentives. Increases in density due to the provision of amenities within the development shall conform to the requirements of subsection 25-11.2.D.12, amenity incentives.
7.
Building design. All new nonresidential buildings and/or projects shall be subject to article 13 of this chapter.
8.
Off-street parking. As required in article 14, of this chapter.
9.
Signs. As required in article 15 of this chapter.
10.
Landscaping. As required in article 16 of this chapter.
11.
Environmental standards. As required in article 17 of this chapter.
12.
Lighting. As required in article 18 of this chapter.
(Ord. No. 2008-3179, § 1, 12-18-08; Ord. No. 2009-3290, § 9, 9-3-09; Ord. No. 2014-3849, § 2, 2-20-14; Ord. No. 2018-4308, § 2, 2-15-18)
Sec. 25-11.4. - "R-3" Single-family residential district.
A.
Purpose. This zoning district is composed of those areas of the city whose principal use is and ought to be single-family dwellings on large sized lots. The regulations of this district are designed to create and preserve a predominantly suburban character as evidenced by the lot sizes, street right-of-way and drainage requirements. In addition to the dwellings permitted in this district, certain compatible recreational and public uses are conditionally allowed and strictly regulated to ensure harmony with the principal use of this district.
B.
Permitted uses. The listing of permitted uses is set out in appendix B, land use and required parking matrix, of this chapter.
C.
Conditional uses. The listing of conditional uses is set out in appendix B, land use and required parking matrix, of this chapter.
D.
Regulations and performance standards. The following regulations shall apply:
1.
Lot area.
a.
The minimum lot area for this district is fourteen thousand five hundred twenty (14,520) square feet.
b.
Subject to the provisions of subsection c. below, uses other than dwellings, the lot area shall be adequate to provide the yard area required by this district and the off-street parking required by article 14 of this chapter, but shall in no case be less than fourteen thousand five hundred twenty (14,520) square feet.
c.
Where a use is not connected to a public sewer, the lot area shall be increased to the area determined as adequate by MSD and the city engineer.
2.
Minimum lot width and depth.
a.
The minimum lot width requirement at the building line is eighty (80) feet.
b.
Where a lot fronts a cul-de-sac, a thirty-five (35) foot width at the street right-of-way line is required.
c.
The minimum lot depth for this district shall be one hundred fifty (150) feet.
3.
Lot coverage. No maximum lot coverage shall be required.
4.
Yard requirements.
a.
Front yards—Not less than forty (40) feet.
b.
Side yards—Not less than ten (10) feet on each side of the dwelling.
c.
Rear yard.
i.
Principal structure—Not less than thirty (30) feet.
ii.
Unroofed and unenclosed deck, pool, or accessory structure—Not less than fifteen (15) feet.
d.
Additional setbacks from riparian corridors may be required as per the stream buffer protection requirements of this Code (section 6-397, land development requirements).
e.
Exceptions to the minimum yard requirements for certain structures or improvements shall be permitted in accordance with section 25-12.10, yard exceptions.
5.
Height requirements.
a.
No buildings or structures shall exceed a height of thirty-five (35) feet.
b.
No detached accessory building shall be higher than the main building (see section 25-12.3, accessory buildings and structures, for additional information).
6.
Amenity incentives. Increases in density due to the provision of amenities within the development shall conform to the requirements of subsection 25-11.2.D.12, amenity incentives.
7.
Building design. All new nonresidential buildings and/or projects shall be subject to article 13 of this chapter.
8.
Off-street parking. As required in article 14 of this chapter.
9.
Signs. As required in article 15 of this chapter.
10.
Landscaping. As required in article 16 of this chapter.
11.
Environmental standards. As required in article 17 of this chapter.
12.
Lighting. As required in article 18 of this chapter.
(Ord. No. 2008-3179, § 1, 12-18-08; Ord. No. 2009-3290, § 9, 9-3-09; Ord. No. 2014-3849, § 3, 2-20-14; Ord. No. 2018-4308, § 3, 2-15-18)
Sec. 25-11.5. - "R-4" Single-family residential district.
A.
Purpose. This zoning district is composed of those areas of the city whose principal use is and ought to be single-family dwellings on moderate to large sized lots. The regulations of this district are designed to create and preserve a predominantly urban character as evidenced by lot sizes, street right-of-way and drainage requirements. In addition to the dwellings permitted in this district, certain compatible recreational and public uses are conditionally allowed and strictly regulated to ensure harmony with the principal use of this district.
B.
Permitted uses. The listing of permitted uses is set out in appendix B, land use and required parking matrix, of this chapter.
C.
Conditional uses. The listing of conditional uses is set out in appendix B, land use and required parking matrix, of this chapter.
D.
Regulations and performance standards. The following regulations shall apply:
1.
Lot area.
a.
The minimum lot area for this district is ten thousand (10,000) square feet.
b.
Subject to provisions of subsection c. below, for uses other than dwellings, the lot area shall be adequate to provide the yard area required by this district and the off-street parking required by article 14 of this chapter, but shall in no case be less than ten thousand (10,000) square feet.
c.
Where a use is not connected to a public sewer, the lot area shall be increased to the area determined as adequate by MSD and the city engineer.
2.
Minimum lot width and depth.
a.
The minimum lot width at the building line is seventy (70) feet.
b.
Where a lot fronts a cul-de-sac, a thirty-five-foot width at the street right-of-way line is required.
c.
The minimum lot depth for this district shall be one hundred twenty-five (125) feet.
3.
Lot coverage. No maximum lot coverage shall be required.
4.
Yard requirements.
a.
Front yards—Not less than twenty-five (25) feet.
b.
Side yards—Not less than eight (8) feet on each side of the dwelling.
c.
Rear yard.
i.
Principal structure—Not less than thirty (30) feet.
ii.
Unroofed and unenclosed deck, pool, or accessory structure—Not less than fifteen (15) feet.
d.
Additional setbacks from riparian corridors may be required as per the stream buffer protection requirements of this Code (section 6-397, land development requirements).
e.
Exceptions to the minimum yard requirements for certain structures or improvements shall be permitted in accordance with section 25-12.10, yard exceptions.
5.
Height requirements.
a.
No buildings or structures shall exceed a height of thirty-five (35) feet.
b.
No detached accessory building shall be higher than the main building (see section [25-12.3], accessory buildings and structures, for additional information).
6.
Amenity incentives. Increases in density due to the provision of amenities within the development shall conform to the requirements of subsection 25-11.2.D.12, amenity incentives.
7.
Building design. All new non-residential buildings and/or projects shall be subject to article 13 of this chapter.
8.
Off-street parking. As required in article 14 of this chapter.
9.
Signs. As required in article 15 of this chapter.
10.
Landscaping. As required in article 16 of this chapter.
11.
Environmental standards. As required in article 17 of this chapter.
12.
Lighting. As required in article 18 of this chapter.
(Ord. No. 2008-3179, § 1, 12-18-08; Ord. No. 2009-3290, § 9, 9-3-09; Ord. No. 2014-3849, § 4, 2-20-14; Ord. No. 2018-4308, § 4, 2-15-18)
Sec. 25-11.6. - "R-5" Single-family residential district.
A.
Purpose. This zoning district is composed of those areas of the city whose principal use is and ought to be single-family dwellings on moderate sized lots. The regulations of this district are designed to create and preserve a predominantly urban character as evidenced by lot sizes, street right-of-way and drainage requirements. In addition to the dwellings permitted in this district, certain compatible recreational and public uses are conditionally allowed and strictly regulated to ensure harmony with the principal use of this district.
B.
Permitted uses. The listing of permitted uses is set out in appendix B, land use and required parking matrix, of this chapter.
C.
Conditional uses. The listing of conditional uses is set out in appendix B, land use and required parking matrix, of this chapter.
D.
Regulations and performance standards. The following regulations shall apply:
1.
Lot area.
a.
The minimum lot area for this district is seven thousand five hundred (7,500) square feet.
b.
Subject to the provisions of (c) below, for uses other than dwellings, the lot area shall be adequate to provide the yard area required by this district and the off-street parking required by article 14, parking and loading regulations, but shall in no case be less than seven thousand five hundred (7,500) square feet.
c.
Where a use is not connected to a public sewer, the lot area shall be increased to the area determined as adequate by MSD and the city engineer.
2.
Minimum lot width and depth.
a.
The minimum lot width at the building line is sixty (60) feet.
b.
Where a lot fronts a cul-de-sac, a thirty-five-foot width at the street right-of-way line is required.
c.
The minimum lot depth for this district shall be one hundred ten (110) feet.
3.
Lot coverage. No maximum lot coverage shall be required.
4.
Yard requirements.
a.
Front yard—Not less than twenty (20) feet.
b.
Side yard—Not less than six (6) feet on each side of the dwelling.
c.
Rear yard.
i.
Principal structure—Not less than thirty (30) feet.
ii.
Unroofed and unenclosed deck, pool, or accessory structure—Not less than fifteen (15) feet.
d.
Additional setbacks from riparian corridors may be required as per the stream buffer protection requirements of this Code (section 6-397, land development requirements).
e.
Exceptions to the minimum yard requirements for certain structures or improvements shall be permitted in accordance with section 25-12.10, yard exceptions.
5.
Height requirements.
a.
No buildings or structures shall exceed a height of thirty-five (35) feet.
b.
No detached accessory building shall be higher than the main building (see section [25-12.3], accessory buildings and structures, for additional information).
6.
Amenity incentives. Increases in density due to the provision of amenities within the development shall conform to the requirements of subsection 25-11.2.D.12, amenity incentives.
7.
Building design. All new non-residential buildings and/or projects shall be subject to article 13 of this chapter.
8.
Off-street parking. As required in article 14 of this chapter.
9.
Signs. As required in article 15 of this chapter.
10.
Landscaping. As required in article 16 of this chapter.
11.
Environmental standards. As required in article 17 of this chapter.
12.
Lighting. As required in article 18 of this chapter.
(Ord. No. 2008-3179, § 1, 12-18-08; Ord. No. 2009-3290, § 9, 9-3-09; Ord. No. 2014-3849, § 5, 2-20-14; Ord. No. 2018-4308, § 5, 2-15-18)
Sec. 25-11.7. - "R-6" Multi-family residential district.
A.
Purpose. This zoning district is composed of those areas of the city whose principal use is and ought to be multi-family dwellings. The regulations of this district are designed to permit a low density of population and a moderate intensity of land use in those areas which are served by a central water supply system and a central sanitary sewerage system, and which abut to such other uses, buildings, structures, or amenities which support, complement, or serve such a density and intensity. In addition to the dwellings permitted in this district, certain compatible recreational and public uses are conditionally allowed and strictly regulated to make them compatible with the principal use of this district to ensure harmony.
B.
Permitted uses. The listing of permitted uses is set out in appendix B, land use and required parking matrix, of this chapter.
C.
Conditional uses. The listing of conditional uses is set out in appendix B, land use and required parking matrix, of this chapter.
D.
Regulations and performance standards. The following regulations shall apply:
1.
Minimum district area. Any site zoned "R-6" multi-family residential district shall have a minimum area of not less than one (1) acre unless the site abuts an existing multifamily zone.
2.
Minimum lot area.
a.
Single-family—seventy-five hundred (7,500) square feet per unit;
b.
Two-family—five thousand (5,000) square feet per unit; or
c.
Multi-family—twenty-five hundred (2,500) square feet per unit.
d.
However, in no case shall the total number of units per acre exceed fifteen (15).
e.
For uses other than dwellings, the lot area shall be adequate to provide the yard areas required in this district and off-street parking as required in article 14 of this chapter, but in no case shall be less than seven thousand five hundred (7,500) square feet.
3.
Lot width (measured at the building line).
a.
Single-family—Sixty (60) feet;
b.
Two-family—Seventy (70) feet; or
c.
Multi-family—Seventy (70) feet.
d.
For uses other than dwellings, the lot width shall be adequate to provide the yard areas required in this district and the off-street parking required in article 14 of this chapter.
4.
Lot coverage. No maximum lot coverage shall be required for single and two-family dwellings. The maximum lot coverage shall not exceed thirty-five (35) percent for multi-family structures and non-residential uses.
5.
Yard requirements.
a.
Front yard—Not less than thirty-five (35) feet for multi-family and twenty (20) feet for single-family and two-family structures.
b.
Side yard—Not less than ten (10) feet for multi-family and six (6) feet for single-family and two-family structures except in the case of a corner lot or parcel where the side yard on the road or street side shall not be less than thirty (30) feet.
c.
Rear yard—Not less than thirty-five (35) feet for multi-family and thirty (30) feet for single-family and two-family structures.
d.
Additional setbacks from riparian corridors may be required as per the stream buffer protection requirements of this Code (section 6-397, land development requirements).
e.
Accessory structures shall meet the same yard requirements.
f.
Exceptions to the minimum yard requirements for certain structures or improvements shall be permitted in accordance with section 25-12.10, yard exceptions.
6.
Height requirements.
a.
No primary building or structure shall exceed forty-five (45) feet above finished grade.
b.
No accessory structure shall exceed twenty-five (25) feet above finished grade.
7.
Distance between grouped buildings.
a.
In addition to the required setback lines provided elsewhere in this chapter, the minimum distances contained in table 11.2, distance between grouped buildings, shall be required between each building.
b.
In no instance shall a dwelling unit face directly upon the rear of another residential building.
c.
In applying the above standards, the front of the building shall mean that face of the building having the greatest length with the rear being that face opposite the front. The side is the face having the smallest dimension. If the building has equal dimensions, the city planner shall determine the faces.
8.
Site plan review. As required by article 4 of this chapter.
9.
Off-street parking. As required in article 14 of this chapter.
10.
Utilities. Any area zoned "R-6" multi-family district shall be served by approved public water and sewer facilities prior to development.
11.
Signs. As required in article 15 of this chapter.
12.
Landscaping. As required in article 16 of this chapter. In addition:
a.
Where a side or rear lot line coincides with a side or rear lot line of any lot in an adjacent non-urban or residential zoning district ("NU" through "R-6"), then a landscaped yard of at least twenty-five (25) feet in width shall be provided along such a lot line in accordance with the requirements of section 25-16.10, landscaping requirements for buffer areas and screening.
13.
Accessory trash receptacles. Any property zoned "R-6" multi-family residential district shall have centralized trash collection areas of sufficient number and size to serve the residents within the development. Said receptacles (dumpsters) shall meet the requirements of section 25-25.4, screening of outdoor storage, mechanical equipment, and utilities.
14.
Building design. All new multi-family buildings and/or projects shall be subject to article 13 of this chapter.
15.
Accessory buildings—Covered parking. Any multi-family development may construct detached carports or private residential garages subject to the following:
a.
The number of parking spaces within either a carport or private residential garage shall not exceed fifteen (15) percent of the required parking spaces.
b.
The number of parking spaces within either a carport or private residential garage may exceed fifteen (15) percent of the required parking spaces, subject to the following:
i.
Review and approval of the planning commission;
ii.
Compliance with the design standards for carports or private residential garages; and
iii.
The number of spaces does not exceed one (1) per dwelling unit.
c.
The design of carports or private residential garages shall be subject to the review and approval of the city planner. The criteria considered shall include the following:
i.
The carport or private residential garage design shall be consistent with the architectural character of the multi-family units.
ii.
The architectural finish shall include materials either the same as or visually compatible with the multi-family units.
iii.
No storage units, closets, cabinets, or bins shall be built into the carport or private residential garage, whether freestanding or attached.
iv.
All four (4) sides of the carport shall remain open.
v.
A minimum setback of twenty (20) feet shall be provided between the residential structure and carport or private residential garage.
vi.
No carport or private residential garage shall be sited in a manner that obstructs the line of sight from the driveway.
vii.
The area covered by the carport or private residential garage shall be included as part of the lot coverage.
viii.
A carport or private residential garage shall be setback a minimum of thirty-five (35) feet from the public right-of-way.
16.
Accessory buildings and structures—Other. Any property zoned "R-6" multi-family residential may construct accessory buildings and structures subject to the following:
a.
A minimum of twenty (20) feet shall be provided between the principal residential structure and accessory structure.
b.
The total lot coverage does not exceed thirty-five (35) percent.
c.
The architectural finish shall include materials either the same as or visually compatible with principal residential structures.
d.
A finding by the city planner that the accessory structure is consistent with the architectural character of the residential structures.
17.
Lighting. As required in article 18 of this chapter.
(Ord. No. 2008-3179, § 1, 12-18-08; Ord. No. 2014-3849, § 6, 2-20-14; Ord. No. 2018-4308, § 6, 2-15-18)
Sec. 25-11.8. - "C-1" Neighborhood commercial district.
A.
Purpose. This zoning district is composed of those areas of the city whose principal use is and ought to be local retail, service and restricted repair business activities which serve surrounding residential neighborhoods.
B.
Permitted uses. The listing of permitted uses is set out in appendix B, land use and required parking matrix, of this chapter.
C.
Conditional uses. The listing of conditional uses is set out in appendix B, land use and required parking matrix, of this chapter.
D.
Regulations and performance standards. The following regulations shall apply:
1.
Minimum district area. Any site zoned "C-1" neighborhood commercial district shall have a minimum area of one (1) acre, unless the parcel abuts an existing commercial or industrial zoning district.
2.
Minimum lot width. Seventy (70) feet.
3.
Lot coverage. No limit.
4.
Yard and setback requirements.
a.
Front yard—Not less than twenty-five (25) feet.
b.
Side yard—Not required except where a side line of a "C-1" lot abuts the side line of a non-urban or residential zoning district; in that instance a side yard shall be provided of the same dimensions required in the zoning district it abuts. A side yard of twenty-five (25) feet shall be provided on the street side of a corner lot.
c.
Rear yard—Not less than twenty-five (25) feet.
d.
Additional setbacks from riparian corridors may be required as per the stream buffer protection requirements of this Code (section 6-397, land development requirements).
5.
Height requirements. No building or structure shall exceed a height of twenty (20) feet.
6.
Performance standards.
a.
Wholesale sales are prohibited.
b.
Outdoor storage or display of merchandise, materials, or equipment is prohibited.
c.
No separate business establishment shall occupy more than five thousand (5,000) square feet of floor space.
7.
Site plan review. As required in article 4 of this chapter.
8.
Building design.
a.
New construction. All new buildings and/or projects shall be subject to article 13 of this chapter.
b.
Renovation or remodeling projects. The standards of subsection 25-11.14.E.1, building design standards for expansion or remodeling projects, shall be met by any of the following projects:
i.
Any expansion of an existing building by more than one thousand (1,000) square feet.
ii.
Any remodeling of an existing use that alters at least seventy-five (75) percent of the floor area or site area.
iii.
Any remodeling or improvement with a value greater than fifty (50) of the existing county department of revenue total appraised valuation. This shall not include approved conditional uses already subject to design or architectural review in their conditional use permit ordinance.
iv.
Any remodeling or improvement of any commercial or industrial building or site which has been vacant for one (1) year or more and that requires a building permit.
9
Off-street parking. As required in article 14 of this chapter.
10.
Signs. As required in article 15 of this chapter.
11.
Landscaping. As required in article 16 of this chapter. In addition:
a.
Where a side or rear lot line coincides with a side or rear lot line of any lot in an adjacent non-urban or residential zoning district, a landscaped yard of at least twelve (12) feet in width shall be provided along such property line in accordance with the requirements of section 25-16-10, landscaping requirements for buffer areas and screening.
b.
Where the rear or side wall of any nonresidential structure is located directly across the street from the front yard of any residential structure located in a residential zoning district, a landscaped yard of at least ten (10) feet in width shall be provided along the entire length of such rear or side wall. Landscaping shall be in accordance with subsection [25-16.8.B], landscaping along parking lot perimeters. The transitional yard requirement may be modified by conditional use permit to impose more stringent requirements at the discretion of the city council.
c.
In no instance shall the landscaped yard requirements be considered to be met by driveways, parking lots, or other forms of impervious surface. At all times, the landscaped yard shall be maintained open to the sky and shall not be used for storage of vehicles or equipment, or for accessory buildings.
12.
Environmental standards. As required in article 17 of this chapter.
13.
Lighting. As required in article 18 of this chapter.
14.
Utilities. Any area zoned "C-1" shall be served by approved public water and sewer facilities prior to development.
15.
Screening. As required in section 25-25.4, screening of outdoor storage, mechanical equipment, and utilities.
(Ord. No. 2008-3179, § 1, 12-18-08)
Sec. 25-11.9. - "C-2" General commercial district.
A.
Purpose. This zoning district is composed of those areas of the city whose principal use is and ought to be general retail, service, and repair business activities which serve the entire city and surrounding area.
B.
Permitted uses. The listing of permitted uses is set out in appendix B, land use and required parking matrix, of this chapter.
C.
Conditional uses. The listing of conditional uses is set out in appendix B, land use and required parking matrix, of this chapter.
D.
Regulations and performance standards. The following regulations shall apply:
1.
Minimum district area. Two and one-half (2.5) acres unless the parcel abuts an existing commercial or industrial district.
2.
Minimum lot width. Seventy (70) feet.
3.
Maximum lot coverage. No limit.
4.
Yard and setback requirements.
a.
Front yard—Not less than twenty-five (25) feet, including all signs, pump islands, and canopies of gasoline service stations.
b.
Side yards—A minimum side yard of twelve (12) feet shall be provided except in those instances where commercial buildings are constructed simultaneously with party walls or fire walls or if the building side abuts a public alley. Where a side line of a lot abuts the side line of a lot in any residential zoning district, a side yard shall then be provided the same as required in the zoning district it abuts. A side yard of not less than twenty-five (25) feet shall be provided on the street side of a corner lot.
c.
Rear yard—No rear yard is required except that where a rear line of a lot abuts a lot in any non-urban or residential zoning district, a rear yard of not less than twenty-five (25) feet shall be provided.
d.
Additional setbacks from riparian corridors may be required as per the stream buffer protection requirements of this Code (section 6-397, land development requirements).
5.
Height requirements. No building or structure shall exceed a height of forty-five (45) feet.
6.
Site plan review. As required in article 4 of this chapter.
7.
Building design.
a.
New construction. All new buildings and/or projects shall be subject to article 13 of this chapter.
b.
Renovation or remodeling projects. The standards of subsection 25-11.14.E.1, building design standards for expansion or remodeling projects, shall be met by any of the following projects:
i.
Any expansion of an existing building by more than one thousand (1,000) square feet.
ii.
Any remodeling of an existing use that alters at least seventy-five (75) percent of the floor area or site area.
iii.
Any remodeling or improvement with a value greater than fifty (50) percent of the existing county department of revenue total appraised valuation. This shall not include approved conditional uses already subject to design or architectural review in their conditional use permit ordinance.
iv.
Any remodeling or improvement of any commercial or industrial building or site which has been vacant for one (1) year or more and that requires a building permit.
8.
Off-street parking. As required in article 14, parking and loading regulations.
9.
Signs. As required in article 15 of this chapter.
10.
Landscaping. As required in article 16 of this chapter. In addition:
a.
Where a side or rear lot line coincides with a side or rear lot line of any lot in an adjacent non-urban or residential zoning district, a landscaped yard of at least twelve (12) feet in width shall be provided along such lot lines in accordance with the requirements of section 25-16-10, landscaping requirements for buffer areas and screening.
b.
Where the rear or side wall of any nonresidential structure is located directly across the street from the front yard of any residential structure located in a non-urban or residential zoning district, a landscaped yard of at least ten (10) feet in width shall be provided along the entire length of such rear or side wall. Landscaping shall be installed in accordance with subsection [25-16.8.B], landscaping along parking lot perimeters. The transitional yard requirement may be modified by conditional use permit to impose more stringent requirements at the discretion of the city council.
c.
In no instance shall the landscaped yard requirements be considered to be met by driveways, parking lots, or other forms of impervious surface. At all times, the landscape yard shall be maintained open to the sky and shall not be used for storage of vehicles or equipment, or for accessory buildings.
11.
Environmental standards. As required in article 17 of this chapter.
12.
Lighting. As required in article 18 of this chapter.
13.
Utilities. Any area zoned "C-2" shall be served by approved public water and sewer facilities prior to development.
14.
Screening. As required in section 25-25.4, screening of outdoor storage, mechanical equipment, and utilities.
(Ord. No. 2008-3179, § 1, 12-18-08)
Sec. 25-11.10. - "M-1" Office, service, and light manufacturing district.
A.
Purpose. This zoning district is composed of those areas of the city whose principal use is or ought to be general office, hotel, entertainment, light manufacturing, warehousing, and other limited industrial uses. These uses generate a minimum of noise, glare, odor, dust, vibration, air and water pollutants, fire, explosive, radioactive and other hazards, and harmful or obnoxious matter.
B.
Permitted uses. The listing of permitted uses is set out in appendix B, land use and required parking matrix, of this chapter.
C.
Conditional uses. The listing of conditional uses is set out in appendix B, land use and required parking matrix, of this chapter.
D.
Regulations and performance standards. The following regulations shall apply:
1.
Minimum district area. Five (5) acres minimum unless the site abuts an existing industrial district.
2.
Lot width. The minimum lot width shall be one hundred fifty (150) feet.
3.
Lot coverage. No limit.
4.
Yard requirements.
a.
Front yard—Not less than thirty (30) feet.
b.
Side yard—Not less than ten (10) feet except if abutting a non-urban or residential zoning district when the side yard shall be a minimum of twenty-five (25) feet.
c.
Rear yard—Not less than ten (10) feet except if abutting a non-urban or residential zoning district when the rear yard shall be a minimum of fifty (50) feet.
d.
Additional setbacks from riparian corridors may be required as per the stream buffer protection requirements of the Municipal Code (section 6-397, Land development requirements).
5.
Height requirements. No building or structure shall exceed a height of one hundred twenty (120) feet. If any portion of a structure is over fifty (50) feet in height, that portion may not be located above a residential proximity slope.
6.
Site plan review. As required in article 4 of this chapter.
7.
Building design.
a.
All uses shall be conducted within a fully enclosed building.
b.
All new buildings and/or projects shall meet the criteria set forth in article 13 of this chapter.
8.
Off-street parking. As required in article 14 of this chapter.
9.
Signs. As required in article 15 of this chapter.
10.
Landscaping. As required in article 16 of this chapter. In addition:
a.
Where a side or rear lot line coincides with a side or rear lot line of any lot in an adjacent non-urban or residential zoning district, a landscaped yard of at least twenty-five (25) feet in width shall be provided along such property line in accordance with the requirements of section 25-16-10, landscaping requirements for buffer areas and screening.
b.
Where the rear or side wall of any nonresidential structure is located directly across the street from the front yard of any residential structure located in a non-urban or residential zoning district, a landscaped yard of at least ten (10) feet in width shall be provided along the entire length of such rear or side wall. Landscaping shall be installed in accordance with subsection [25-16.8.B], landscaping along parking lot perimeters. The transitional yard requirement may be modified by conditional use permit to impose more stringent requirements at the discretion of the city council.
c.
In no instance shall the landscaped yard requirements be considered to be met by driveways, parking lots, or other forms of impervious surface. At all times, the landscaped yard shall be maintained open to the sky and shall not be used for storage of vehicles or equipment, or for accessory buildings.
11.
Environmental standards. As required in article 17 of this chapter.
12.
Lighting. As required in article 18 of this chapter.
13.
Utilities. Any area zoned "M-1" shall be served by approved public water and sewer facilities prior to development.
14.
Screening. As required in section 25-25.4, screening of outdoor storage, mechanical equipment, and utilities.
(Ord. No. 2008-3179, § 1, 12-18-08; Ord. No. 2024-4847, § 1, 1-18-24)
Sec. 25-11.11. - "M-2" Office, service, and intensive manufacturing district.
A.
Purpose. This zoning district is composed of those areas of the city whose principal use is or ought to be intensive industrial uses, wholesale, commercial, and industrial storage facilities.
B.
Permitted uses. The listing of permitted uses is set out in appendix B, land use and required parking matrix, of this chapter.
C.
Conditional uses. The listing of conditional uses is set out in appendix B, land use and required parking matrix, of this chapter.
D.
Regulations and performance standards. The following regulations shall apply:
1.
Minimum district area. Five (5) acres unless the parcel abuts an existing industrial district.
2.
Lot width. Seventy-five (75) feet minimum.
3.
Lot coverage. The maximum lot coverage shall not exceed fifty (50) percent.
4.
Yard requirements.
a.
Front yard—Not less than thirty (30) feet.
b.
Side yard—Not less than ten (10) feet.
c.
Rear yard—Not less than fifty (50) feet.
d.
Additional setbacks from riparian corridors may be required as per the stream buffer protection requirements of this Code (section 6-397, land development requirements).
5.
Height requirements. No buildings or structures shall exceed a height of fifty (50) feet.
6.
Site plan review. As required in article 4 of this chapter.
7.
Building design.
a.
All industrial uses shall be conducted within a fully enclosed building.
b.
All new buildings and/or projects shall meet the criteria set forth in article 13 of this chapter.
8.
Off-street parking. As required in article 14 of this chapter.
9.
Signs. As required in article 15 of this chapter.
10.
Landscaping. As required in article 16 of this chapter. In addition:
a.
Where a side or rear lot line coincides with a side or rear lot line of any lot in an adjacent non-urban or residential zoning district, a landscaped yard of at least fifty (50) feet in width shall be provided along such a lot in accordance with the requirements of section 25-16-10, landscaping requirements for buffer areas and screening.
11.
Environmental standards. As required in article 17 of this chapter.
12.
Lighting. As required in article 18 of this chapter.
13.
Utilities. Any area zoned "M-2" shall be served by approved public water and sewer facilities prior to development.
14.
Screening. As required in section 25-25.4, screening of outdoor storage, mechanical equipment, and utilities.
(Ord. No. 2008-3179, § 1, 12-18-08)
Sec. 25-11.12. - "RD-MXD" Redevelopment—Mixed use district.
A.
Purpose. This zoning district is composed of those areas of the city identified for redevelopment by the comprehensive plan and whose principal uses are and ought to be single-family residential and commercial.
B.
Intent. The intent of these regulations is to:
1.
Protect and enhance existing single-family residential development.
2.
Provide minimum standards for design which are essential to establishing and mixing uses within the zoning district.
3.
Create both relationship and transition within the zoning district and to adjacent development sites and areas.
4.
Ensure the establishment of appropriate relationships between buildings, site improvements, open spaces, and public rights-of-way.
C.
Permitted uses. The listing of permitted uses is set out in appendix B, land use and required parking matrix, of this chapter.
D.
Conditional uses. The listing of conditional uses is set out in appendix B, land use and required parking matrix, of this chapter.
E.
Lot requirements for single-family dwellings. Lots for single-family detached dwellings, single-family attached dwellings, and two-family dwellings shall meet the following standards:
1.
Minimum lot area.
a.
The minimum lot area for single-family detached dwellings is seventy-five hundred (7,500) square feet.
b.
The minimum lot area for single-family attached dwellings and two-family dwellings is five thousand (5,000) square feet per unit.
c.
Where there is no public sewer, the required lot area shall be increased to the area determined as adequate by MSD and the city engineer.
2.
Minimum lot width.
a.
The minimum lot width at the building line for a detached structure is sixty (60) feet.
b.
The minimum lot width at the building line for an attached structure is forty-two (42) feet.
3.
Minimum lot depth.
a.
The minimum lot depth for a detached structure is one hundred ten (110) feet.
b.
The minimum lot depth for an attached structure is one hundred ten (110) feet.
4.
Lot coverage. No maximum lot coverage shall be required.
5.
Yard requirements.
a.
Front yards—Not less than thirty (30) feet.
b.
Side yards.
i.
Detached structures—not less than six (6) feet on each side of the dwelling.
ii.
Attached structures—not less than five (5) feet on one (1) side of the dwelling with zero (0) feet between attached units.
c.
Rear yard.
i.
Principal structure—not less than thirty (30) feet.
ii.
Deck, pool, or accessory structure—fifteen (15) feet.
d.
Additional setbacks from riparian corridors may be required as per the stream buffer protection requirements of this Code (section 6-397, land development requirements).
e.
Exceptions to the minimum yard requirements for certain structures or improvements shall be permitted in accordance with section 25-12.10, yard exceptions.
F.
Lot requirements for non-residential uses. Lots for buildings and/or projects other than single-family dwellings shall meet the following requirements:
1.
Minimum lot area. Two and one-half (2.5) acres unless the parcel abuts or is within an existing commercial or industrial district.
2.
Minimum lot width. One hundred (100) feet.
3.
Maximum lot coverage. Eighty (80) percent of the lot area.
4.
Yard requirements.
a.
Front yard—Not less than twenty-five (25) feet.
b.
Side yards. A minimum side yard of twelve (12) feet shall be provided except in those instances where commercial buildings are constructed simultaneously with party walls or fire walls or if the building side abuts a public alley. A side yard of not less than twenty-five (25) feet shall be provided on the street side of a corner lot.
c.
Rear yard—Not less than twenty-five (25) feet.
d.
Additional setbacks from riparian corridors may be required as per the stream buffer protection requirements of this Code (section 6-397, land development requirements).
G.
General development standards.
1.
Off-street parking. As required in article 14 of this chapter.
2.
Signs. As required in article 15 of this chapter.
3.
Landscaping. As required in article 16 of this chapter.
4.
Lighting. As required in article 18 of this chapter.
5.
Retaining walls. All retaining wall material installed on the site shall be constructed of decorative, masonry block such as Versalok, Keystone, Allenblock, or similar material. The maximum height of any retaining wall shall not exceed six (6) feet. Where greater heights are required, multiple retaining walls shall be used and offset a minimum distance of four (4) feet.
6.
Utilities. All utility, power and telephone lines, except those located in designated overhead utility corridors, shall be located underground.
7.
Screening. As required in section 25-25.4, screening of outdoor storage, mechanical equipment, and utilities.
H.
Development standards for new single-family dwellings. In addition to the general development standards in subsection G. of this section, new single-family dwellings constructed in the "RD-MXD" redevelopment mixed use district shall meet the following standards:
1.
Building height. No building or structure shall exceed a height of thirty-five (35) feet.
2.
Building design. All new single-family dwellings shall meet the criteria set forth in section 25-13.7, design standards for single-family dwellings.
I.
Development standards for non-residential uses. In addition to the general development standards in subsection G. of this section, buildings and/or projects other than single-family dwellings shall meet the following design standards.
1.
Building height. No building or structure shall exceed a height of forty-five (45) feet.
2.
New buildings and/or projects shall meet the criteria specified in article 13 of this chapter.
J.
Procedural requirements for permitted uses.
1.
Procedural requirements for those permitted uses shall be as required in article 4 of this chapter. However, the following additional items shall be submitted for review and approval by the city planner in conjunction with the site plan:
a.
Building elevations, renderings, illustrations, or photographs.
b.
Materials and colors exhibit.
c.
Proposed signage package (if applicable).
2.
The city planner shall review plans and additional items for compliance with the comprehensive plan and zoning code. Additional requirements may be imposed on development where it is determined, based on a review of the site plan by the city planner, that the additional requirements are necessary to fulfill the objectives of the comprehensive plan and the purpose and intent of the "RD-MXD" redevelopment district.
K.
Procedural requirements for conditional uses.
1.
Procedural requirements for conditional uses shall be as required in article 5 of this chapter. However, the items required in subsection J.1. of this section shall also be submitted for review and approval.
2.
Additional requirements may be imposed on development where it is determined, based on a review of the site plan by the city planner, that the additional requirements are necessary to fulfill the objectives of the comprehensive plan and the purpose and intent of the "RD-MXD" redevelopment mixed use district.
L.
Rezoning to planned district. The design standards and requirements of this section may be modified by the planning commission following a finding that the goals and objectives of the comprehensive plan, the purpose, intent, and design standards of this section, and the design standards of this chapter are met by the proposed planned district. Approval shall be granted as defined under article 6 of this chapter.
(Ord. No. 2008-3179, § 1, 12-18-08; Ord. No. 2014-3849, § 7, 2-20-14; Ord. No. 2018-4308, § 7, 2-15-18)
Sec. 25-11.13. - "RD-M" and "RD-C" Redevelopment districts.
A.
Purpose. These zoning districts are composed of those areas of the city exhibiting blighted conditions as defined in RMSo 353.020, as amended, and whose principal use is and ought to be commercial and light industrial. The regulations of these districts are designed to encourage high quality, aesthetically pleasing development, complimentary to existing nearby commercial and industrial uses.
B.
Districts:
1.
"RD-M" Redevelopment—Manufacturing. This zoning district is composed of those areas whose principal use is or ought to be light industrial including manufacturing, assembly, warehousing, wholesaling, distribution, and offices.
2.
"RD-C" Redevelopment—Commercial. This zoning district is composed of those areas whose principal use is or ought to be retail and service commercial, including motor vehicle oriented businesses (MVOB) and service center commercial mixed-use development and office/warehousing. Certain manufacturing or light industrial uses and wholesaling uses which may be associated with office/warehousing type uses and buildings shall require a conditional use permit.
C.
Permitted uses. The listing of permitted uses is set out in appendix B, land use and required parking matrix, of this chapter.
D.
Conditional Uses. The listing of conditional uses is set out in appendix B, land use and required parking matrix, of this chapter.
E.
Regulations and performance standards. The following regulations shall apply to and govern all uses in the "RD-M" and "RD-C" districts:
1.
Lot area, width and coverage. Requirements shall be as per table 11.3, lot area, width, and coverage.
2.
Height and yard requirements. Requirements shall be as per table 11.4, height and yard requirements.
a.
Corner lots shall be deemed to have front yards along all street frontages.
b.
Additional setbacks from riparian corridors may be required as per the stream buffer protection requirements of this Code (section 6-397, land development requirements).
3.
Site plan review. Procedural requirements for those permitted uses shall be as required in article 4 of this chapter. In addition:
a.
The city planner and city engineer shall review plans for compliance with the redevelopment plan for the district. During plan review, the city planner and city engineer shall consult with the appropriate redevelopment corporation designated for the area by the city council. In recognition of the blighted conditions and infrastructural requirements of these districts and the purposes of the "RD-M" and "RD-C" redevelopment districts, additional requirements consistent with the redevelopment plan and this section may be imposed on development where it is determined, based on a joint review of the site plan by the city planner and the city engineer, that the additional requirements are necessary to fulfill the objectives of the redevelopment plan and the purposes of the "RD-M" and "RD-C" redevelopment districts.
b.
Conditional uses. Procedural requirements for conditional uses shall be as required in article 5 of this chapter. Additional requirements as noted above may be imposed on the development where it is determined that the additional requirements are necessary to fulfill the objective of the redevelopment plan and the purposes of the "RD-M" and "RD-C" redevelopment districts.
4.
Building design. All new buildings and/or projects shall meet the criteria set forth in article 13 of this chapter.
5.
Off-street parking. As required in article 14 of this chapter. In addition:
a.
No off-street loading space shall be located within a front yard.
b.
Off-street parking spaces may be located within minimum front, side or rear yards.
c.
No off-street parking space or off-street loading space shall be located within:
i.
Five (5) feet of a side lot line in an "RD-M" district;
ii.
Fifteen (15) feet of a side lot line in an "RD-C" district;
iii.
Fifteen (15) feet of a rear lot line in an "RD-M" district; and/or
iv.
Ten (10) feet of a rear lot line in an "RD-C" district.
6.
Driveways:
a.
Width of driveways measured at the lot line shall be a minimum of twenty-four (24) feet and a maximum of thirty-six (36) feet.
b.
No driveway other than points of ingress and egress shall be located within fifteen (15) feet of a lot line.
c.
Driveway openings providing ingress and egress shall be limited to one (1) per one hundred (100) feet of lot width.
d.
The minimum distance between a driveway and a street intersection shall be thirty (30) feet measured between any right-of-way line of the intersecting street and the nearest end of the driveway curb radius.
e.
The angle of intersection of a driveway with a street shall be as approved by a city engineer and shall provide for visibility and traffic safety in accordance with recognized civil engineering practices.
f.
Motor vehicle oriented businesses located adjacent to or integrated in a shopping center or cluster of commercial facilities shall use the common ingress and egress of the shopping center or cluster of commercial facilities as approved by the city engineer to lessen congestion, and provide for visibility and traffic safety in accordance with recognized civil engineering practices.
7.
Signs. As required in article 15 of this chapter.
8.
Landscaping. As required in article 16 of this chapter.
9.
Environmental standards. As required in article 17 of this chapter.
10.
Lighting. As required in article 18 of this chapter.
11.
Utilities. All utility, power and telephone lines, except those located in designated overhead utility corridors, shall be located underground.
12.
Screening. As required in section 25-25.4, screening of outdoor storage, mechanical equipment, and utilities.
13.
Floodplain development. Performance standards provided in this paragraph shall apply in addition to all other applicable standards to lots located within the one hundred-year floodplain as designated on the flood elevation study approved by the United States Federal Emergency Management Agency (FEMA) and used as basic data for determining the boundaries of the flood hazard boundary map. A lot located within the one hundred-year floodplain may be developed and used, provided that the lot is placed in a condition which will effectively, and without increasing the flooding problems of other lots, remove the lot to be developed and used from flooding based on the elevations and data provided by the Federal Emergency Management Agency (FEMA) and the flood hazard boundary map. To assure compliance with these standards:
a.
A plan for flood protection shall be submitted to the flood plain administrator for review and approval as part of the site plan review required by article 4 of this chapter.
b.
The plan for flood protection shall include a report prepared by a registered professional engineer having demonstrated competence in hydrology. The report shall specify the adequacy of the proposed plan for flood protection relative to the elevation of the floodplain and the flood flow as determined by the flood elevation study approved by FEMA; the effect of the proposed development on flood problems of the other properties; and such other hydrological problems as may result from the proposed development.
(Ord. No. 2008-3179, § 1, 12-18-08; Ord. No. 2013-3783, § 1, 8-1-13)
Sec. 25-11.14. - "OD-C" Overlay District—Corridor.
A.
Purpose. The purpose of the Overlay District is primarily to address the stated goal of the comprehensive plan to promote improvements to all aspects of property development and redevelopment within the city's commercial corridors. More particularly, the district establishes additional development regulations that are applied in conjunction with those established by the underlying zoning districts. In so doing, it is intended that future development will advance a retail, office and service commercial use pattern characterized by pedestrian or customer oriented design and the use of more sophisticated architectural finishes than was typified by the warehouses and storage yards of the heavy commercial and light industrial uses built during the 1960s, '70s, and '80s.
B.
District definition. The Overlay District includes all parcels that lie, in whole or in part, within three hundred (300) feet of the centerline of Dorsett Road between the Lindbergh Boulevard right-of-way on the east and the Interstate 270 right-of-way on the west. The requirements of this district shall not be applied to any single family detached houses being utilized as dwelling units.
C.
Applicability. The standards and requirements of the Overlay District shall have preeminence over all underlying zoning districts, except where explicitly described within a conditional use permit or planned district ordinance. In the case of legally pre-existing non-conforming uses or structures, the applicability of this section shall be governed by article 7 of this chapter.
Where the standards of the Overlay District and the underlying zoning district appear to be in conflict, the more restrictive standard shall be applied. Where such determination is not clear, the city planner shall apply the standard that best meets the goals and strategies of the comprehensive plan.
D.
Administration. The listing of affected projects and the timing of review of the applicable standards is as follows:
1.
Projects subject to overlay district standards. The standards of the Dorsett Road Overlay District shall be met by any of the following multi-family residential, office, commercial, and industrial projects:
a.
Any new development or construction.
b.
Any expansion of an existing building by more than one thousand (1,000) square feet.
c.
Any remodeling of an existing use that alters at least seventy-five (75) percent of the floor area or site area.
d.
Any remodeling or improvement with a value greater than fifty (50) of the existing county department of revenue total appraised valuation. This shall not include approved conditional use permits or planned districts already subject to design or architectural review in their approval ordinance.
e.
Any remodeling or improvement of any commercial or industrial building or site which has been vacant for one (1) year or more and that requires a building permit.
2.
Application and approval process.
a.
Required materials. For any project subject to the requirements of the Overlay District, conformance with the standards and requirements of this section shall be demonstrated by submitting the following information, exhibits and/or materials:
i.
An appropriate site plan review, building permit, or special zoning application form, as described elsewhere in this chapter.
ii.
A site plan.
iii.
Building elevations.
iv.
A landscape plan and grading and drainage plan, in conformance with article [16] of this chapter.
v.
Materials and colors exhibit board.
vi.
Proposed signage package.
3.
Review of the proposed project shall occur as follows:
a.
Site plan review applications.
i.
Following a finding by the city planner that this section is applicable to the proposed development, the applicant shall submit the required materials in addition to any materials or documents already required for a site plan review application, according to article 4 of this chapter.
ii.
After finding that the proposed project is in compliance with the standards and requirements of the overlay district and any underlying zoning district, the city planner shall grant zoning approval to the site plan application and attach evidence of such approval to the application.
b.
Building permit applications for uses permitted by right.
i.
Following a finding city planner that this section is applicable to the proposed construction, the applicant shall submit the required materials in addition to any construction documents already required for a building permit application, according to the standards and practices of the department of community development.
ii.
After finding that the proposed construction is in compliance with the standards and requirements of the overlay district and any underlying zoning district, the city planner shall grant zoning approval to the building permit application and attach evidence of such approval to the application.
c.
Conditional use permit applications, new and existing. New uses seeking conditional use permit approval, or existing conditional uses that qualify under subsection 25-11.14.D.1, projects subject to overlay district standards, shall submit the materials required under this section, in addition to the application requirements under article 5 of this chapter. The design standards and requirements of this section may be modified by the planning commission following a finding that the purposes of this section are met by the proposed project. Approval shall be granted as defined under article 5 of this chapter.
d.
Planned district applications. Applicants seeking rezoning to a new planned district, or existing planned districts that qualify under subsection 25-11.14.D.1, projects subject to overlay district standards, shall submit the materials required under this section, in addition to the application requirements under article 6 of this chapter. The design standards and requirements of this section may be modified by the planning commission following a finding that the purposes of this section are met by the proposed project. Approval shall be granted as defined under article 6 of this chapter.
E.
Overlay district development standards. The following regulations shall apply in addition to the standards of the underlying zoning district:
1.
Building design standards for expansion or remodeling projects. Projects that qualify under subsection 25-11.14.D.1, Projects subject to overlay district standards (paragraphs b-e) shall be subject to the following building design standards:
a.
External trash receptacles, recycling storage areas, external emergency generators, mechanical equipment, building mounted utilities, utility boxes and facilities, and outdoor storage areas shall be situated and screened as per section 25-25.4, screening of outdoor storage, mechanical equipment, and utilities.
b.
Any building with a wall of more than seventy (70) feet facing the lot frontage shall incorporate differing setbacks to "break up" the wall plane facing the street. The difference in said setbacks shall be no less than two (2) feet. If the lot is situated such that it faces two (2) streets, each wall facing a street shall incorporate this technique.
c.
Buildings or projects shall not utilize corporate architecture (an architectural treatment utilized in more than three other locations in the St. Louis Metropolitan Statistical Area [MSA]).
d.
Buildings and accessory structures shall not include corrugated steel, smooth finish concrete block (cinder block), smooth finish poured concrete (tilt-up or cast-in-place), whether painted or unpainted, vertical rough-sawn wood siding (T-111/T-19), tensile fabrics or similarly single layer, uninsulated materials. Where the city planner finds that said materials are an integral and essential element in the ability of the overall design to meet the purpose of the overlay district, the city planner shall report the finding, in writing, to the planning commission. The planning commission shall either accept or reject the city planner's finding within thirty (30) days of receipt of the finding. If the planning commission rejects the city planner's finding on the proposed materials, they shall direct the city planner as to the minimum necessary modifications to the proposal.
e.
The exterior finish must include more than two (2) visible materials, including glazing (windows). Where a wall facing a street has a horizontal expanse greater than twenty-five (25) feet without glazing, the city planner must find that the overall visual character of the wall is an integral and essential element in the ability of the overall design to meet the purpose of the overlay district. The city planner's review shall include, but not be limited to a consideration of the adjacent landscape design, variations in materials, elevations, and/or changes in setback. The city planner shall report the finding, in writing, to the planning commission. The planning commission shall either accept or reject the city planner's finding within thirty (30) days of receipt of the finding. If the planning commission rejects the city planner's finding on the proposed materials, they shall direct the city planner as to the minimum necessary modifications to the proposal.
f.
The visible materials and general composition of the faandccedil;ade shall be repeated around all four (4) sides of the building to the maximum extent practicable.
2.
Building design standards for new buildings. New buildings shall be subject to the design standards of article 13 of this chapter.
3.
Parking and loading areas. Projects that qualify under subsection 25-11.14.D.1., projects subject to overlay district standards, shall be subject to the following requirements:
a.
At least sixty (60) percent of the overall parking requirement shall be located in the side or rear yard, behind the front plane of the forward most building. On corner lots, the front plane shall be the facade facing Dorsett Road.
b.
Access to all parking and loading areas shall be via shared driveways and/or cross-access easements to the maximum extent practicable. Where shared access is denied by a third party, documentation shall be submitted to the city planner demonstrating said denial.
4.
Signs. Projects that qualify under subsection 25-11.14.D.1, projects subject to overlay district standards shall submit a sign package for the review and approval of the city planner. The package shall demonstrate compliance with the following:
a.
Use of a common color scheme for the proposed buildings or structures and all signs in the package;
b.
Use of common materials between the proposed buildings and all ground mounted sign bases in the package;
c.
Use of matching lettering style for all signs in the package;
d.
All wall mounted signs shall feature individually raised (and internally illuminated if desired) letters rather than an illuminated panel;
e.
All wall mounted, ground mounted and pole signs in the package shall contain only the logo and trademark name of the business displaying the sign(s). No advertising copy or description of services may appear on the sign, except as may be permitted on a changeable copy sign;
f.
Permitted ground mounted signs for new and pre-existing development may contain changeable copy, subject to the review and approval of the planning commission. No other signs may contain changeable copy. Planning commission approval shall be upon:
i.
The changeable copy area not exceeding fifty (50) percent of the allowed maximum sign area;
ii.
The changeable copy area being located below or to the right of the fixed lettering on the sign; and
iii.
The changeable copy lettering style being the same or closely similar to the other fixed lettering on the sign.
5.
Site coverage. The maximum site coverage shall not exceed eighty (80) percent of the lot area.
F.
Administrative relief. To promote flexibility in the design process, the city planner may authorize minor modifications to city development standards upon a finding that all of the following are met:
1.
The proposed improvement is compatible with the character of the property requesting relief and the adjacent property;
2.
The proposed improvement requiring relief will not be detrimental to the property requesting relief, any adjacent property or the city;
3.
The relief granted is the minimum required to meet the needs of the proposed improvement, or in the case of a numeric standard, does not exceed five (5) percent of the required standard; and
4.
The relief shall not be contrary to the purpose and intent of this chapter.
G.
Waivers of overlay district standards. Some projects such as single residences, may not need a complete review even though one (1) of the five (5) preceding requirements is met. The city planner may waive full compliance with the requirements of the overlay district if it is determined that such compliance will not further the purposes of this section. If such a waiver is granted, the city planner shall provide written documentation of that decision, to the planning commission. The planning commission shall either accept or reject the city planner's finding within thirty (30) days of receipt of those findings. If the planning commission denies the waiver of overlay district standards, they shall direct the city planner in the application of said standards.
H.
Denial and appeal procedure.
1.
Denial by staff. If the city planner or his designee finds that the proposed project has not properly addressed one of the design criteria of this section, or there are other technical deficiencies identified by other city staff reviewers, and adequate resolution of the issue(s) can not be ensured by the applicant, the city planner or his designee shall deny the particular application (site plan review, building permit, or special zoning) and state the reasons for the denial in a letter to the applicant.
2.
Appeal to planning commission. The applicant may appeal the city planner's decision to the planning commission if that appeal, including appeal fee, is made in writing to the city planner within ten (10) days of the decision. The appeal letter shall describe the unresolved issues and describe what design solutions are proposed by the applicant. The applicant shall be notified of the date of the planning commission meeting to consider the appeal, a minimum of fifteen (15) days prior to the public meeting.
3.
Second appeal to city council. The decision of the planning commission shall be final unless a notice of appeal to the city council is made by the applicant in writing to the city planner within ten (10) days of the planning commission's decision. The appeal letter shall state the reasons for the appeal and be accompanied by the required fee. The applicant shall have an additional thirty (30) days to submit any additional appeal documents, after which the appeal shall be scheduled before the city council. The applicant shall be notified of the date of the city council meeting to consider the appeal a minimum of fifteen (15) days prior to the public meeting.
4.
Board of adjustment. The developer shall have the right to appeal the decision of the city council pursuant to section 25-9, variances, of the city zoning code and to subsequently pursue any other available legal or equitable remedy.
(Ord. No. 2008-3179, § 1, 12-18-08; Ord. No. 2009-3290, § 10, 9-3-09; Ord. No. 2013-3819, § 6, 11-21-13)
Secs. 25-11.15—25-11.20. - Reserved.
Editor's note— Ord. No. 2018-4388, § 8, adopted November 15, 2018, repealed §§ 25-11-15—25-11-20. Former §§ 25-11.15—25-11.20 pertained to, respectively, Riverside District, Crystal Springs District, Expressway District, River Valley District, Creve Coeur Lake District and Missouri River District and derived from Ord. No. 2008-3179, adopted December 18, 2008.