Overland City Zoning Code
ARTICLE IV
Schedule of District Regulations
Section 400.160 "R-1" Single-Family Residential District.
[CC 1976 App. A §4.01; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2025-07, 1-27-2025]
A.
Purpose. This 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 urban character as evidenced by lot sizes, and street 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 A of this Title.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A of this Title.
D.
Regulations And Performance Standards. The following regulations shall apply:
1.
2.
Minimum lot width and depth.
3.
Lot coverage. The maximum lot coverage by buildings or structures shall not exceed forty percent (40%) of the lot area.
Section 400.170 "R-2" Single-Family Residential District.
[CC 1976 App. A §4.02; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2025-07, 1-27-2025]
A.
Purpose. This 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 and street 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 A of this Title.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A of this Title.
D.
Regulations And Performance Standards. The following regulations shall apply:
1.
2.
Minimum lot width and depth.
3.
Lot coverage. The maximum lot coverage by buildings or structures shall not exceed forty percent (40%) of the lot area.
Section 400.180 "R-3" Single-Family Residential District.
[CC 1976 App. A §4.03; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2025-07, 1-27-2025]
A.
Purpose. This 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 and street 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 A of this Title.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A of this Title.
D.
Regulations And Performance Standards. The following regulations shall apply:
1.
2.
Minimum lot width and depth.
3.
Lot coverage. The maximum lot coverage by buildings or structures shall not exceed forty percent (40%) of the lot area.
Section 400.190 "R-4" Two-Family Residential District.
[CC 1976 App. A §4.04; Ord. No. 2449 §1, 11-14-1988]
A.
Purpose. This District is intended to delineate areas in the City which are suitable for two (2) single-family attached dwellings occupying a common lot or parcel. This District is intended to create and preserve areas of essentially single-family residential character utilizing two (2) attached dwellings. It is intended to be similar to the "R-3" District, except for the different type and slightly higher density of dwelling units.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix A of this Title.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A of this Title.
D.
Regulations And Performance Standards. The regulations set forth in the "R-3" District, Section 400.180, shall apply, except for the following:
1.
Lot area. Every lot or parcel of land occupied by a two-family dwelling shall contain an area of not less than six thousand (6,000) square feet, with a minimum of three thousand (3,000) square feet per dwelling unit.
2.
Lot width. The minimum lot width for two-family dwellings shall be fifty (50) feet.
Section 400.200 "R-5" Apartment District.
[CC 1976 App. A §4.05; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2025-07, 1-27-2025]
A.
Purpose. This District is composed of those areas of the City whose principal use is or ought to be multiple-family dwellings at a moderate density. The regulations of this District are designed to permit a moderate 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 or are adjacent to such other uses, buildings, structures, or amenities which support, or complement or serve such a density and intensity.
In addition to the dwellings permitted in this Zoning District, there are permitted certain residential and public uses which have been strictly regulated to make them compatible with the principal use of this District.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix A of this Title.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A of this Title.
D.
Regulations And Performance Standards. The following regulations shall apply in all "R-5" Apartment Districts:
1.
Site area. Any site zoned "R-5" Apartment District shall have a minimum area of not less than one (1) acre unless the project abuts an existing multi-family zone.
2.
Minimum lot area.
a.
Single-family. Six thousand (6,000) square feet per dwelling unit.
b.
Two-family. Three thousand (3,000) square feet per dwelling unit.
c.
Multi-family (two and one-half (2½) stories or less). Two thousand five hundred (2,500) square feet per dwelling unit. However, in no case shall the total number of units per acre exceed fifteen (15).
d.
Multi-family (elevator buildings over two and one-half (2½) stories). One thousand eight hundred (1,800) square feet per dwelling unit; where approved by the Planning Commission during site plan review as being compatible with surrounding development.
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 VII, but in no case shall be less than twenty thousand (20,000) square feet in size. |
3.
4.
Lot coverage. The maximum lot coverage by buildings or structures shall not exceed forty percent (40%) of the lot area.
5.
Yard requirements.
a.
The yard requirements for single-family and duplex dwellings shall be governed by Section 400.180.
b.
Front yard. Not less than thirty-five (35) feet. On corner lots, a front yard setback of thirty-five (35) feet will be required on all street frontages.
c.
Side yard. Not less than ten (10) feet 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.
d.
Rear yard. Not less than thirty-five (35) feet.
e.
Accessory structures shall meet the same yard requirement.
f.
The above requirements shall apply to every lot, building, or structure.
6.
Height requirements. Except as is otherwise provided in Article V, no building or structure shall exceed four (4) stories above finished grade or fifty (50) feet, whichever is the lesser. Any building exceeding four (4) stories or fifty (50) feet in height must receive a conditional use permit from the Planning and Zoning Commission in accordance with requirements in this Section and Article X. The height requirement for single-family and duplex dwellings shall be governed by Section 400.180.
7.
Distance between grouped buildings. In addition to the required setback lines provided elsewhere in this Chapter, the following minimum distances shall be required between each multi-family structure two and one-half (2½) stories in height or less:
a.
Front to front. Fifty (50) feet.
b.
Back to back. Fifty (50) feet.
c.
Side to side. Twenty (20) feet.
d.
Front to side. Thirty-five (35) feet.
e.
Back to side. Thirty-five (35) feet.
f.
Corner to corner. Fifteen (15) feet.
The following minimum distances shall be required between multi-family structures in developments with buildings in excess of two and one-half (2½) stories in height. | ||
a. | Front to front. Sixty (60) feet. | |
b. | Front to back. Sixty (60) feet. | |
c. | Front to side. Sixty (60) feet. | |
d. | Side to side. Fifty (50) feet. | |
e. | Back to side. Forty-five (45) feet. | |
f. | Back to back. Sixty (60) feet. | |
g. | Corner to corner. Fifty (50) feet. | |
In no instance shall a dwelling unit less than four (4) stories in height face directly upon the rear of another residential building. | |
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 Code Enforcement Officer shall determine the faces. |
10.
Utilities. Any area zoned "R-5" Apartment District shall be served by approved public water and sewer facilities.
11.
Landscaping and screening. Where a side or rear lot line coincides with a side or rear lot line of any lot in an adjacent Residential Zoning District ("R-1" through "R-4"), then a landscaped yard of at least fifteen (15) feet in width shall be provided along such a lot. In addition, for any use which involves the construction of a new structure or the expansion of an existing structure, a masonry wall or solid fence of at least six (6) feet but not more than eight (8) feet in height shall be provided in such transitional yard within two (2) feet of the property line.
Section 400.210 "R-6" Condominium District.
[CC 1976 App. A §4.06; Ord. No. 2449 §1, 11-14-1988]
A.
Purpose. This District is composed of those areas of the City whose principal use is or ought to be multiple-family dwellings in which each dwelling unit has separate distinct owners who reside within the unit, as opposed to developments owned totally or in part by an individual owner, partnership, or corporation. 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 or are adjacent 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 Zoning District, there are permitted certain residential and public uses which have been strictly regulated to make them compatible with the principal use of this District.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix A of this Title.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A of this Title.
D.
Regulations And Performance Standards. The regulations in Section 400.190(D) shall apply to any site zoned "R-6" Condominium District.
Section 400.220 "C-1" Neighborhood Commercial District.
[CC 1976 App. A §4.07; Ord. No. 2449 §1, 11-14-1988]
A.
Purpose. This 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. This District has been located within the City to permit the development of these business activities, to protect adjacent areas against the encroachment of incompatible uses, and to lessen congestion on public streets. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these business activities and for the purposes of this District have been excluded.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix A of this Title.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A of this Title. See Article X for specific regulations pertaining to motor vehicle related businesses.
D.
Regulations And Performance Standards. The following regulations shall apply in all "C-1" Neighborhood Commercial Districts:
1.
Minimum site area. One (1) acre, unless the project abuts an existing commercial or industrial zone, in which instance the minimum shall be at least twenty thousand (20,000) square feet.
2.
Minimum lot width. Seventy (70) feet.
3.
Lot coverage. The maximum lot coverage by structures shall not exceed thirty-five percent (35%).
4.
Yard and setbacks requirements.
a.
Front yard. Not less than thirty (30) 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 firewalls or if the building side abuts a public alley. Where a side line of a lot in this District abuts the side line of a lot in any Residential District, a side yard shall then be provided the same as required in the district it abuts. A side yard of not less than thirty (30) feet shall be provided on the street side of a corner lot.
c.
Rear yards. Not less than twenty-five (25) feet.
5.
Height requirements. No building or structure shall exceed a height of thirty-five (35) feet or three (3) stories.
6.
Performance standards.
a.
Wholesale sales are prohibited.
b.
Outdoor storage or display of merchandise, materials, or equipment is prohibited.
d.
No separate business establishment shall occupy more than five thousand (5,000) square feet of floor space.
e.
Flea markets, both those held inside and outside of a structure, are prohibited.
9.
Landscaping and screening. Where a side or rear lot line coincides with a side or rear lot line of any lot in an adjacent Residential Zoning District ("R-1" through "R-6"), then a landscaped yard of at least ten (10) feet in width shall be provided along such a lot. In addition, for any use which involves the construction of a new structure or the expansion of an existing structure, a masonry wall or solid fence of at least six (6) feet, but not more than eight (8) feet in height shall be provided in such transitional yard at the property line.
Where the rear or side wall of any non-residential structure is located directly across the street from the front yard of any residential structure located in a residential 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. The transitional yard requirement may be modified by conditional use permit or by site plan approval, as provided in Article IX, to impose more stringent requirements, at the discretion of the Planning and Zoning Commission. See Article VII for the landscaping requirements for parking areas.
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 as a location for accessory buildings.
10.
Utilities. Any area zoned "C-1" Restricted Commercial District shall served by the Missouri-American Water Company and the Metropolitan Sewer District prior to development.
Section 400.230 "C-2" General Commercial District.
[CC 1976 App. A §4.08; Ord. No. 2449 §1, 11-14-1988]
A.
Purpose. This 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. This District has been located within the City to permit the development of these business activities, to protect adjacent areas against the encroachment of incompatible uses, and to lessen congestion on public streets. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these business activities and the purpose of this District have been excluded.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix A of this Title.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A of this Title. See Article X for specific regulations pertaining to motor vehicle related uses.
D.
Regulations And Performance Standards. The following regulations shall apply in all "C-2" General Commercial Districts:
1.
Minimum site area. One (1) acre, unless the project abuts an existing commercial or industrial zone, in which instance the minimum shall be twenty thousand (20,000) square feet.
2.
Minimum lot width. Seventy (70) feet.
3.
Maximum lot coverage. No limit.
4.
Yard and setbacks requirements.
a.
Front yard. Not less than thirty (30) 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 firewalls or if the building side abuts a public alley. Where a side line of a lot in this District abuts the side line of a lot in any Residential District, a side yard shall then be provided the same as required in the District it abuts. A side yard of not less than thirty (30) feet shall be provided on the street side of a corner lot.
c.
Rear yards. No rear yard is required except that where a rear line of a lot in this District abuts lots zoned residential a rear yard of not less than twenty-five (25) feet shall be provided.
5.
Height requirements. No building or structure shall exceed a height of fifty (50) feet.
8.
Businesses serving alcoholic beverages. Package liquor stores and businesses, other than restaurants, serving or selling alcoholic beverages shall be at least three hundred (300) feet from the nearest property line of an existing school, church, or library.
9.
Landscaping and screening. Where a side or rear lot line coincides with a side or rear lot line of any lot in an adjacent Residential Zoning District ("R-1" through "R-6"), then a landscaped yard of at least ten (10) feet in width shall be provided along such a lot. In addition, for any use which involves the construction of a new structure or the expansion of an existing structure, a masonry wall or solid fence of at least six (6) feet, but not more than eight (8) feet in height shall be provided in such transitional yard at the property line.
Where the rear or side wall of any non-residential structure is located directly across the street from the front yard of any residential structure located in a Residential 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. The transitional yard requirement may be modified by conditional use permit or by site plan approval, as provided in Article IX, to impose more stringent requirements at the discretion of the Planning and Zoning Commission. See Article VII for the landscaping requirements for parking areas.
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 as a location for accessory buildings.
10.
Utilities. Any area zoned "C-2" General Commercial District shall be served by the Missouri-American Water Company and the Metropolitan Sewer District prior to development.
Section 400.240 "M-1" Manufacturing District.
[CC 1976 App. A §4.09; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2542 §2, 12-11-1989; Ord. No. 99-32 §1, 4-14-1999]
A.
Purpose. This District is composed of the area of the City whose principal use is and ought to be 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. This District has been located within the City to permit the development of these industrial uses, to protect adjacent areas against the encroachment of incompatible uses, and to lessen congestion on public streets. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these industrial activities and the purpose of this District have been excluded.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix A of this Title.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A of this Title. See Article X for specific regulations pertaining to motor vehicle related uses.
D.
Regulations And Performance Standards. The following regulations shall apply in all "M-1" Manufacturing Districts:
1.
Site area. Two and one-half (2½) acres minimum unless the proposed project abuts an existing industrial zone, in which instance the minimum shall be one (1) acre.
2.
Lot width. The minimum lot width shall be one hundred fifty (150) feet.
3.
Lot coverage. The maximum lot coverage by structures shall not exceed eighty percent (80%).
4.
Requirements.
a.
Front yard. Not less than thirty (30) feet.
b.
Side yards. Least width of either yard shall not be less than twenty (20) feet, 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.
5.
Height requirements. Except as is otherwise provided in Article V of this Chapter, no building or structure shall exceed a height of fifty (50) feet or three (3) stories.
6.
Landscaping and screening. Where a side or rear lot line coincides with a side or rear lot line of any lot in an adjacent Residential Zoning District ("R-1" through "R-7"), then a landscaped yard of at least twenty-five (25) feet in width shall be provided along such a lot. In addition, for any use which involves the construction of a new structure or the expansion of an existing structure, a masonry wall or solid fence of at least six (6) feet, but not more than eight (8) feet in height shall be provided in such transitional yard at the property line. See Article VII for the landscaping requirements for parking areas.
Where the rear or side wall of any non-residential structure is located directly across the street from the front yard of any residential structure located in a residential 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. The transitional yard requirement may be modified by conditional use permit or by site plan approval, as provided in Article IX, to impose more stringent requirements, at the discretion of the Planning and Zoning Commission. See Article VII for the landscaping requirements for parking areas.
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 as a location for accessory buildings.
7.
Utilities. Any area zoned "M-1" Manufacturing District shall be served by the Missouri-American Water Company and the Metropolitan Sewer District prior to development.
10.
Performance standards.
a.
All industrial operations shall be conducted within a fully enclosed building.
b.
Storage of materials and equipment may be authorized, if at all, only upon issuance of a conditional use permit, provided that, such storage shall be within a fully enclosed building or in a side or rear yard so screened by berms, dents, vegetative plantings, wooden fences, brick walls, or combinations of these materials, at least eight (8) feet in height so that said materials and equipment are not visible at the grade of the nearest adjacent street and/or adjoining property lines.
Section 400.250 "PD" Planned Development District.
[CC 1976 App. A §4.10; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2542 §2, 12-11-1989; Ord. No. 99-53 §1, 7-13-1999: Ord. No. 2003-12 §1, 2-24-2003; Ord. No. 2003-13 §1, 2-24-2003; Ord. No. 2025-54, 12-8-2025]
A.
Intent And Purpose. The purpose of the Planned Development District is to provide a means of achieving greater flexibility in development of land in a manner not possible in conventional zones; to encourage a more imaginative and innovative design of projects; to promote a more desirable community environment; and to retain maximum control over both the structure and future operation of the development.
The City Council, upon recommendation by the Planning and Zoning Commission, may, by ordinance adopted in the same manner as Zoning Districts are created, authorize a Planned Development District when the proposed development or use of a specific tract of land or area warrants greater flexibility, control, and density than is afforded under the general regulations of standard zoning districts. However, it should be noted that these planned development regulations are not intended to allow excessive densities, or the development of incompatible land uses, either within the development, or as the development relates to the general neighborhood. The standards contained in the following provisions must be strictly adhered to by the applicant.
The City may, upon proper application, approve a planned development to facilitate the use of flexible techniques of land development and site design, by providing relief from zone requirements designed for conventional developments in order to obtain one (1) or more of the following objectives:
1.
Environmental design in the development of land that is of a higher quality than is possible under the regulations otherwise applicable to the property.
2.
Diversification in the uses permitted and variation in the relationship of uses, structures, open space and height of structures in developments intended as cohesive, unified projects.
3.
Functional and beneficial uses of open space areas.
4.
Preservation of natural features of a development site.
5.
Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program.
6.
Rational and economic development in relation to public services.
7.
Efficient and effective traffic circulation, both within and adjacent to the development site.
B.
Relationship Of Planned Development Districts To Zoning Map.
1.
A mapped district. The "PD" designation is not intended to be attached to existing use districts as an overlay. The "PD" designation as detailed in this Section is a separate use District and may be attached to a parcel of land as an original Zoning District, or it may be attached to a parcel of land through the process of Zoning Map amendment.
2.
Plan approval required. Although the "PD" designation may be applied to parcels of land as a mapped Zoning District, it is the intent of this Chapter that no development or redevelopment of the property encompassed by the "PD" designation take place until an acceptable development plan has been reviewed and approved in conformance with the requirements of this Section. Any pre-existing uses within the area encompassed by the "PD" designation shall have the status of non-conforming uses, as outlined in Article VIII, until such time as they are included in an approved development plan.
3.
Types of planned developments. All areas of the City subject to the "PD" designation shall be assigned one (1) of the following subclassifications which shall be considered a separate use district and subject to the specific restrictions and limitations outlined in this Section:
a.
Planned development-residential ("PD-R"). Planned developments involving residential uses only.
b.
Planned development-commercial ("PD-C"). Planned developments involving commercial uses only.
c.
Planned development-manufacturing ("PD-M"). Planned developments involving manufacturing uses only.
d.
Mixed use developments ("MXD"). Planned developments involving a mixture of residential and non-residential uses.
These subclassifications may be designated by the City at the time of the original zoning of the parcel in question, or the City may make the designation at the time of development plan application. In the instance of a request for Zoning Map amendment, the applicant may request a specific subclassification; however, it shall be at the discretion of the City, in light of the recommendations of the City's comprehensive plan, as well as the surrounding neighborhood to grant the requested subclassification or require a more restrictive one. |
4.
Exception. Notwithstanding anything herein to the contrary, any owner of the lot on which there is proposed to be constructed a structure having an estimated cost of less than one hundred thousand dollars ($100,000.00), exclusive of demolition and site preparation costs, shall not be required to comply with the requirements of this Section 400.250. The owner of the lot on which such construction is proposed shall comply with the district requirements as follows:
District Designation | Requirements | |
|---|---|---|
"PD-R" | "R-1" | |
"PD-C" | "C-2" | |
"PD-M" | "M-1" | |
"PD-MxD" | "R-4" | |
Any improvements so constructed shall be considered a conformed building. | ||
C.
Procedures For Planned Development Approval.
1.
Preapplication procedure. Not more than six (6) months prior to filing any application for planned development approval the prospective applicant shall request a preapplication conference with the City's staff. Such request shall include a brief and general narrative description of the nature, location and extent of the proposed planned development, and a list of any professional consultants advising the prospective applicant with respect to the proposed planned development. Upon receipt of such request the City planning staff shall schedule within ten (10) days such a conference.
2.
Preliminary development plan. A preliminary development plan shall be submitted to the Planning and Zoning Commission with the application for a planned development. The preliminary plan shall contain the following information:
a.
Site and landscape plan. One (1) or a series of maps shall be submitted indicating:
(1)
The location, size and height of all existing and proposed structures on the site.
(2)
The location and general design (width and materials) of all driveways, curb cuts and sidewalks including connections to building entrances; as well as the location and nature of construction of all curb guttering.
(3)
The location, area and number of proposed parking spaces.
(4)
Existing and proposed grades at an interval of five (5) feet or less, extended beyond the project site to include adjacent properties and structures.
(5)
The location and general type of all existing trees over six (6) inch caliper and, in addition, an indication of those to be retained.
(6)
The proposed general use and development of internal spaces, including all recreational and open space areas, plazas and major landscaped areas by function, and the general location and description of all proposed outdoor furniture (seating, lighting, telephones, etc.).
(7)
The location and approximate size of all proposed plant material by type, such as hardwood/deciduous trees, evergreen trees, flowering trees and shrub masses, and types of ground cover (grass, ivies, etc.). Planting in parking areas should be included.
(8)
The location of all retaining walls, fences (including privacy fences, etc.) and earth berms.
(9)
The definition and location of all refuse collection facilities, including screening to be provided.
(10)
Provisions for both on- and off-site stormwater drainage and detention related to the proposed development.
(11)
The limits of the one hundred (100) year floodplain boundary and floodway designations as they impact the site.
The scale of the drawing or drawings indicating the above shall be reasonably related to the site size and the complexity of the proposed development, and the scale shall in no event be smaller than one (1) inch equals fifty (50) feet. All drawings shall likewise indicate a project name, the names of adjoining streets, the applicant's name, a scale, a north arrow, and the date drawn. | |
The applicant may be required to provide, at applicant's expense, additional clarification and/or further detail of the preliminary plan, as deemed necessary by the Planning and Zoning Commission. |
b.
Site and building sections. Schematic or illustrative sections shall be drawn to a scale of one (1) inch equals eight (8) feet or larger, indicating both edge conditions and internal grade changes in relation to principal variations of internal building levels and site line relations to adjacent structures.
c.
Architectural elevations. Architectural elevations of proposed buildings shall be provided at a reasonable scale.
d.
Project data.
(1)
Site area (square feet and acres).
(2)
Allocation of site area by building coverage, parking, loading and driveways, and open space areas including total open space, recreation area, landscaped areas and others.
(3)
Total dwelling units and floor area distributed by general type (one (1) bedroom, two (2) bedroom, etc.).
(4)
Floor area in non-residential use by category.
(5)
Residential density distribution for the entire project.
(6)
Calculations of parking spaces and area in relation to dwelling units and non-residential floor area.
e.
Project report. A brief project report shall be provided to include an explanation of the character of the proposed development, verification of the applicant's ownership and contractual interest in the subject site, and anticipated development schedule. At the discretion of the Planning and Zoning Commission and/or City Council, analyses by qualified technical personnel or consultants may be required as to the market and financial feasibility, traffic impact, environmental impact, stormwater and erosion control, etc., of the proposed development at the applicant's expense.
f.
Phased development. If the planned development is proposed to be constructed in stages or units during a period extending a single construction season, a development schedule indicating:
(1)
The approximate date when construction of the project can be expected to begin;
(2)
The order in which the phases of the project will be built; and
(3)
The minimum area and the approximate location of common open space and public improvements that will be required at each stage.
(4)
If any stage or unit as proposed contains a share of open space or other public or private recreation or service facility less than that which its size, number of units or density would otherwise require, a statement shall be submitted setting forth what bond, credit, escrow or other assurance the applicant proposes in order to ensure that the difference between that which would otherwise be required and that which the applicant proposes to provide in the instant stage or unit is ultimately provided.
3.
Review procedure.
a.
An application together with a complete preliminary development plan, including information as required in Section 400.250(C)(2), shall be considered at the first (1st) regularly scheduled Planning and Zoning Commission meeting or as soon thereafter as is practical, but not sooner than twenty-one (21) days from the filing of the completed application. Notices of the Planning and Zoning Commission meeting shall be sent to owners of record of all properties within three hundred (300) feet of the parcel included in the application. The application shall be accompanied by a fee of one thousand dollars zero cents ($1,000.00).
b.
Staff review. The Director of Public Works shall coordinate a review of the application by appropriate affected City departments. A written report documenting the review and staff recommendations shall be prepared by the Director of Public Works or his/her designee and submitted to the Planning and Zoning Commission at the meeting at which it first considers the application.
c.
After consideration of the application and staff report, the Planning and Zoning Commission shall make a report to the City Council regarding the impacts of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities, and other matters pertaining to the general public health, safety and welfare of the City of Overland. The findings and recommendation of the Commission shall be transmitted to the City Council. If the Commission's recommendation is for approval, its report shall contain the conditions or restrictions recommended by the Commission with respect to the preliminary development plan.
d.
The City Council shall hold a public hearing thereon upon at least fifteen (15) days' public notice. If the preliminary development plan is approved by the City Council, it shall adopt an ordinance approving said preliminary development plan with conditions as specified therein. In those instances where the application involves a rezoning from a standard Zoning District to a planned district designation, approval of the preliminary development plan shall constitute approval of the rezoning request. The ordinance approving the preliminary development plan shall include the change in zoning designation as well as the specified conditions attached to approval of the plan as previously discussed. A three-fourths (¾) vote of the City Council shall be required to overrule the Planning and Zoning Commission's recommendations.
e.
The approval of a preliminary plan shall be valid for a period of nine (9) months from the date of its approval by the City Council. The Commission may grant extensions not exceeding six (6) months each upon written request of the original applicant if the application submitted is substantially the same as the initially approved application. At such time as the period of validity of an approved preliminary development plan lapses, the site shall revert back to its previous land use status prior to approval of the preliminary development plan.
Should a request for extension of an approved preliminary development plan contain substantial changes, as determined by the Commission, the Commission shall require the applicant to refile his/her application subject to the requirements of this Section, as if it were an entirely new application.
4.
Final plan. Within nine (9) months following passage of the ordinance approving the preliminary development plan, but at least twenty-one (21) days before a regularly scheduled meeting of the Planning and Zoning Commission, the petitioner shall submit a final development plan to the Director of Public Works (or the Planning and Zoning Commission upon appeal) for review and consideration to determine if said final development plan is in conformance with the approved preliminary development plan and with the imposed conditions of approval. The final development plan shall reflect the entire planned development if it is to be completed in one (1) phase, or a phase of the planned development if it consists of more than one (1) phase. The final development plan, in addition to the matters shown on the preliminary development plan shall include the following:
a.
The existing and proposed contours at two (2) foot intervals.
b.
The landscape plan with the specific location of all plant material, specifying size, species and location (both as to the buffer area around the perimeter as well as that in the parking lot).
c.
Nature of use, as single-family, condominium, or multi-family, and/or commercial or manufacturing uses.
d.
All structures, present and future, specifying location, size, elevation and design, none of which may deviate substantially from the approved preliminary development plan.
e.
Sidewalks.
f.
Parking spaces, including underground parking and moving traffic lanes.
g.
Method of disposal of trash and garbage.
h.
Ingress and egress facilities.
i.
Parking facilities for visitors.
j.
Plan for the provision of water and sanitary and stormwater drainage facilities.
k.
All easements and dedications.
l.
Any signs, location and size.
m.
Details of lighting of parking lots and outside of buildings, including location, type and intensity.
n.
All other information which the Planning and Zoning Commission and the City Council may designate.
5.
Review procedure.
a.
An application with a complete final development plan, conforming to the requirements of Section 400.250(C)(4), shall be submitted to the Director of Public Works for review and approval. The application shall be accompanied by a fee of one hundred fifty dollars ($150.00). If the Director of Public Works finds that the final development plan conforms to the approved preliminary development plan, he/she shall approve it, send written notice of the approval to the Planning and Zoning Commission, and transmit the plan to the Planning and Zoning Commission Chairman for his/her signature. If the Director of Public Works finds that the final development plan does not conform to the approved preliminary plan, he/she shall deny the final development plan and return it to the applicant with a written response concerning the reasons for denial. The applicant shall have thirty (30) days in which to file a written appeal of the denial to the Planning and Zoning Commission.
b.
Upon appeal, and after consideration of the application and staff report, the Planning and Zoning Commission shall approve, approve with conditions, or deny the final development plan. The final development plan shall conform to the preliminary development plan. If the final development plan does not conform to the preliminary development plan, or if the conditions of the preliminary development plan approval are not adequately met, the final development plan shall not be approved.
c.
Upon approval of the final development plan by either the Director of Public Works or the Planning and Zoning Commission upon appeal, the final development plan shall be transmitted to the City Council for their information.
d.
Within sixty (60) days following approval of the final development plan by the Planning and Zoning Commission, it shall be recorded at the applicant's expense with the St. Louis County Recorder of Deeds, and a reproducible mylar of such recorded plan furnished to the Director of Public Works. Any bonds required to insure completion of required improvements or open space shall be completed and in place prior to recording of the final development plan.
D.
Permitted Land Uses.
1.
The following land uses are permitted in this District and its subclassifications:
b.
Permitted land uses shall be as established in the conditions of the ordinance governing the particular planned district. Specific uses in a particular subclassification may be permitted if such use is permitted either conditionally or otherwise in the corresponding district(s) as referenced below:
"PD" Subclassification | Land Uses | |
|---|---|---|
Planned Development-"R" | "R-1" through "R-6" | |
Planned Development-"C" | "C-1" and "C-2" | |
Planned Development-"M" | "M-1" | |
Planned Development-"M" | "MxD" |
2.
A change in use of an existing building or structure located in a "PD" District subclassification not requiring any enlargement, expansion, extension or exterior alteration shall, if permitted either conditionally or otherwise in the corresponding Zoning District referenced below shall be similarly permitted either conditionally or otherwise.
District Designation | Requirements | |
|---|---|---|
"PD-R" | "R-1" | |
"PD-C" | "C-2" | |
"PD-M" | "M-1" | |
"PD-MxD" | "R-4" |
E.
Area Regulations And Performance Standards. The area regulations and performance standards applicable to the individual uses within each planned development by designated subclassification shall be as follows:
2.
Modifications. The approval of the preliminary development plan may provide for such exceptions from the above-referenced regulations as may be necessary or desirable to achieve the objectives of the proposed planned development, provided such exceptions are consistent with the standards and criteria contained in this Section and have been specifically requested in the application for a planned development; and further, that no modification of the above-referenced regulations would be allowed when such proposed modification would result in:
a.
Inadequate or unsafe access to the planned development.
b.
Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity.
c.
An undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development.
d.
A development which will be incompatible with the purposes of this Chapter.
e.
Detrimental impact on the surrounding area including, but not limited to, visual pollution.
The burden of proof that the criteria above are not being violated shall rest with the developer and not the staff or the Planning and Zoning Commission. |
F.
Period Of Validity. The period of validity of approval of a final development plan is as follows:
1.
No approval of a final development plan shall be valid for a period longer than twelve (12) months from the date of approval by the Director of Public Works, or the Planning and Zoning Commission if on appeal, unless within such period a building permit is obtained and construction is commenced. One (1) month prior to the expiration of the approval, the Director of Public Works shall notify the applicant in writing of the impending expiration date.
2.
The Commission may grant extensions not exceeding six (6) months each upon written request of the original applicant if the application submitted is substantially the same as the initially approved application. However, the Commission has the power in such cases to attach new conditions to the approval. At such time as the period of validity of an approved final development plan lapses, the site shall revert back to its previous status prior to approval of the final development plan.
3.
Should a request for extension of an approved final development plan contain substantial changes, as determined by the Commission, the Commission shall require the applicant to refile his/her application subject to the requirements of this Section as if it were an entirely new application.
Section 400.260 "DAR" Drug and Alcohol Rehabilitation District.
[CC 1976 App. A §4.11; Ord. No. 2449 §1, 11-14-1988; Ord. No. 90-75 §2, 12-10-1990]
A.
Purpose. This District is composed of the area in which residential or outpatient facilities for the treatment of alcohol or other drug abuse should be allowed as a conditional use.
B.
Permitted Uses. The listing of permitted uses is identical to that set forth in Appendix A of this Title with respect to the "M-1" Manufacturing District.
C.
Conditional Uses. The listing of conditional uses is identical to that set forth in Appendix A of this Title with respect to the "M-1" Manufacturing District except that residential or outpatient facilities for the treatment of alcohol or other drug abuse shall also be a conditional use in the "DAR" District. See Article X for specific regulations pertaining to motor vehicle related uses.
D.
Regulations And Performance Standards. The regulations and performance standards shall be identical to those set forth in Section 400.240(D), with respect to the "M-1" Manufacturing District.
Section 400.265 Adult Business - Restrictions.
[CC 1976 App. A §4.12; Ord. No. 95-13 §1, 4-5-1995]
A.
Restriction As To Location. Any business which deals in explicit sexual material shall be prohibited from locating a place of business within one thousand (1,000) feet of any residential zone, single- or multiple-family dwelling, church, park, or other business which deals in explicit sexual material, and within one (1) mile of any school. Any currently operating business engaged in other commercial activities is prohibited from operating as an adult business unless they are in compliance with this Section.
B.
Restriction As To Public Display Of Merchandise. Any business which deals with explicit sexual material shall be prohibited from exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its contents or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk, or from the property of others or from any portion of the person's store, or the exhibitor's store or property when items and material other than this material are offered for sale or rent to the public.
C.
Restriction As To Furnishing Merchandise To Minors. Any business which deals with explicit sexual material shall be prohibited from furnishing any explicit sexual material to minors knowing that the person to whom it is furnished is a minor or acting in reckless disregard of the likelihood that such a person is a minor, or allow a minor to enter the property or structure of the business.
D.
Definitions. The following definitions shall apply in interpretation and enforcement of this Section, unless otherwise specifically stated:
1.
Adult business. Any business, corporation, partnership, proprietorship, or other entity which holds itself out to the public as a commercial or wholesale distributor of explicit sexual material.
2.
Explicit sexual material. Any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of postpubertal human genitals; provided, however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition.
3.
Material. Anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any statue or other figure, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or anything which is or may be used as a means of communication.
Section 400.266 Tatoo Establishments - Restrictions.
[Ord. No. 2013-20 §1, 7-15-2013]
A.
Restriction As To Location. No tattoo establishment shall be permitted to locate within five thousand (5,000) feet of another tattoo establishment. No tattoo establishment shall be permitted to locate within one thousand (1,000) feet of any school.