St Charles County Unincorporated
City Zoning Code
City Zoning Code
PART 2
DISTRICT REGULATIONS
Section 405.065 Establishment of Districts.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 02-122 §1, 7-30-2002; Ord. No. 06-002 §1, 1-10-2006; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §2, 6-2-2010; Ord. No. 11-008 §3, 3-7-2011; Ord. No. 12-090 §2, 11-27-2012]
A.
For the purpose of regulating and restricting the use of land and the erection, construction, alteration, moving, or use of buildings or structures, all land which rests within St. Charles County and not within the corporate limits of cities, towns, or villages is hereby divided into twenty (20) zoning districts and five (5) overlay zoning districts as follows:
1.
Zoning Districts.
a.
"A" Agricultural District - 5 acres
b.
"AT" Agricultural Tourism District - 40 acres
c.
"RR" Single-Family Residential District - 3 acres
d.
"R1A" Single-Family Residential District - 1 acre
e.
"R1B" Single-Family Residential District - 20,000 square feet
f.
"R1C" Single-Family Residential District - 15,000 square feet
g.
"R1D" Single-Family Residential District - 10,000 square feet
h.
"R1E" Single-Family Residential District - 7,000 square feet
i.
"R2" Two-Family Residential District
j.
"R3A" Medium Density Residential District
k.
"R3B" Multi-Family Residential District
l.
"RM" Manufactured Home/Mobile Home Residential District
m.
"PR" Park Recreational District
n.
"RF" Riverfront District
o.
"CO" Office District
p.
"C1" Neighborhood Commercial District
q.
"C2" General Commercial District
r.
"HTCD" High Technology Corridor District
s.
"I1" Light Industrial District
t.
"I2" Heavy Industrial District
u.
"SWD" Solid Waste Disposal District
Section 405.070 Uses Not Permitted in Any District. [1]
[Ord. No. 99-99 §1, 7-12-1999]
Any use not listed herein shall be placed in a suitable district. Classification shall be made by the Director of the Division of Planning and Zoning, and consultation will be sought from the County Counselor, if needed.
Section 405.075 Boundaries of Districts. [1]
[Ord. No. 99-99 §1, 7-12-1999]
A.
Zoning District Maps. Boundaries of the districts, hereby established as shown on maps prepared for that purpose, are hereby designated as the Zoning District Maps; and said maps and all the notations, references, and information shown thereon are hereby made as much a part of this Chapter as if the same were set forth in full herein. The Division of Planning and Zoning shall keep on file an authentic copy of said maps and all changes, amendments, or additions thereto.
B.
Distances Not Shown On Zoning District Map. When definite distances in feet are not shown on the Zoning District Map, the district boundaries are intended to be along existing streets, platted lot lines, survey or land lines, or extensions of the same; and, if the exact location of such lines is not clear, it shall be determined by the Director of the Division of Planning and Zoning, due consideration being given to location as indicated by the scale of the Zoning District Map.
C.
Discrepancies Between Zoning District Map And Existing Streets, Railroad Right-of-Ways And/Or Other Physical Features. When streets, railroad right-of-ways, and/or other physical features on the ground differ from those shown on the Zoning District Map, the Director of the Division of Planning and Zoning shall apply the district designations on the map to the streets, railroad right-of-ways, and/or other physical features on the ground in such a manner as to conform to the intent and purpose of this Chapter and Chapter 410.
D.
Vacation Of Boundary Streets. When a street is vacated, the particular district in which the adjacent property lies shall automatically be extended to the centerline of any such street.
Section 405.077 Consistency With Comprehensive Plan.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 05-148 §3, 10-25-2005]
The Zoning District Maps adopted or amended, or to be adopted or amended, as parts of this Unified Development Ordinance, shall be in accordance with the Master Plan for St. Charles County adopted by the County Council.
Section 405.078 Compliance With The Regulations.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 04-158 §2, 9-29-2004; Ord. No. 05-148 §6, 10-25-2005; Ord. No. 10-041 §3, 6-2-2010]
A.
Except as hereinafter provided:
1.
No building or structure shall be erected, constructed, reconstructed, moved or altered; nor shall any building, structure or land be used for any purpose other than is permitted within the zoning district in which such building, structure or land is situated.
2.
No building or structure shall be erected, constructed, reconstructed, moved or altered to violate any requirement or regulation herein established for the zoning district in which such building or structure is located.
3.
No lot or parcel shall be reduced or diminished below the minimum requirements of the zoning district in which it is located.
4.
The number of dwelling units shall not exceed the density of dwelling units permitted in the zoning district in which it is located.
5.
Every building or structure hereafter erected, constructed, reconstructed, moved or altered shall be located on a lot or parcel of land as herein defined. In no case shall there be more than one (1) building on the lot, except as provided herein.
6.
No building shall be erected, converted from one use to another or structurally altered to the extent specifically provided hereinafter, except in conformity with the off-street parking and loading regulations of this Chapter.
7.
Group home facilities shall be treated as a form of single-family/single-household dwelling and shall be subject to maximum occupancy restrictions defined in the Building Code. The definition of group homes shall not include halfway houses.
8.
Group home facilities shall be a permissive use in "R" residential districts when the following conditions are met:
a.
Standards for group home facilities qualifying as a permissive use. A group home facility shall be approved by the Planning and Zoning Director as a permissive use if he finds all of the following standards are met:
(1)
The number of residents complies with requirements of this Zoning Ordinance.
(2)
The parking requirements as set by this Zoning Ordinance have been met.
(3)
The proposed group home facility is not within six hundred (600) feet of another existing group home which requires administrative approval, or one which has obtained a conditional use permit in lieu of a use with administrative approval. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the proposed use to the property line of the existing use.
(4)
In order to ensure that the structure and rooms therein are used as originally designed and intended, the proposed use will not require or include structural alterations except any structural alteration required to directly accommodate the disability of the residents with a disability recognized by the Americans with Disabilities Act.
(5)
The structure meets the requirements of the County's housing, building and fire codes as set forth in the County Code or the codes adopted by reference therein.
(6)
Users and/or service providers shall have received any and all required approvals from other governmental bodies which permit use of the premises in conformance with the approval for which they have applied.
Section 405.080 "A" Agricultural District.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 02-158 §1, 10-30-2002; Ord. No. 03-142 §1(15—16), 10-1-2003; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 06-002 §1, 1-10-2006; Ord. No. 06-004 §2, 1-31-2006; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 09-015 §1, 2-25-2009; Ord. No. 10-041 §4, 6-2-2010; Ord. No. 11-026 §6, 5-2-2011; Ord. No. 12-026 §1, 3-30-2012; Ord. No. 12-090 §3, 11-27-2012; Ord. No. 13-014 §1, 3-1-2013]
A.
Statement Of Intent. The intent of this district is to provide for agricultural, recreational, wildlife, open space, farming, river oriented uses and related uses and to discourage premature and disassociated urban development. The minimum lot size of five (5) acres is designed to support agricultural uses and home sites which require proper siting in a rural area.
B.
Permissive Uses.
1.
Except in platted subdivisions, agriculture, farming, dairy farming, livestock and poultry raising, forestry, farm stands and other uses commonly classified as agricultural with no restrictions to operation of such vehicles and machinery that are customarily incidental to such agricultural uses, provided that no feedlot, feeding floor, or structure for housing of livestock or poultry shall be permitted within one hundred fifty (150) feet of any property line. The platted subdivision exception as indicated above does not apply to any of the other permissive or conditional uses of the "A" Agricultural District.
2.
Apiaries, aviaries, fish hatcheries, and fur farming or the raising of fur-bearing animals.
3.
Buildings and other structures used as barns, utility sheds, unattached carports, or unattached garages, provided that such structures:
[Ord. No. 18-011 § 1, 1-29-2018]
a.
Are not used, designed to be used, or intended to be used as residences, housing, business, commercial, industrial, or office purposes, either temporary or permanently; and
b.
Comply with the size limits listed in Section 405.080(E), Accessory Structure below.
4.
Cemetery. Cemeteries with a crematory as an accessory use shall be on a site of not less than twenty (20) acres.
5.
Churches.
6.
Exotic or wild animal on a site of not less than ten (10) acres, provided feeding areas are located one hundred fifty (150) feet from all property lines.
7.
Ferry landings, boat docks and marinas.
8.
Forest or wildlife reservations or small conservation uses.
9.
Golf course and clubhouse, with a driving range (unlighted) as an accessory use.
11.
Hunting, fishing, and propagation of wildlife.
12.
Manufactured/mobile homes (except in subdivisions platted for residential use), modular structures.
13.
Public building or facility erected by a governmental agency.
14.
Public parks or playgrounds.
15.
Public school (elementary, middle, and high), or private school having a curriculum equivalent to a public elementary, middle, or high school.
16.
Railroad right-of-way.
17.
Sewage treatment plants and related facilities, including lift stations, water supply plants, pumps, reservoirs, wells, and elevated storage tanks with screening as approved on the site plan, for the purpose of providing services to the public.
18.
Single-family/single household dwellings and modular homes.
19.
Sod farms.
20.
Stable, boarding and/or private, provided said stables are fifty (50) feet from all property lines (one (1) horse or pony per one (1) acre).
21.
Utility substation or pumping station for electrical, water, gas or telephone utilities on a site of not less than ten thousand (10,000) square feet in size.
[Ord. No. 18-027, 4-19-2018]
22.
Accessory uses and buildings incidental to the above uses when located on the same lot; examples of which are vegetable and flower gardens, swimming pools, tennis courts, utility sheds, personal greenhouses and garden houses (non-commercial), unattached carports, unattached garages, and satellite dishes. If the satellite dishes are eighteen (18) inches or less in diameter and attached to a house, the dishes are allowed without setbacks.
C.
Conditional Uses.
[Ord. No. 14-072 § 2, 7-14-2014; Ord. No. 17-056 § 2, 6-15-2017; Ord. No. 17-092 § 2, 10-17-2017; Ord. No. 18-060, 6-25-2018]
1.
Adult day care.
2.
Airport or landing field.
3.
Animal feedlot in excess of one thousand (1,000) animal units.
4.
Bed and breakfast residence.
5.
Blacksmith operated only by a resident of the property.
7.
Boats; the rental, sale, storage, and repair of boats, and boating supplies, including marine gas in conjunction with a marina.
8.
Brewhouse, provided said brewhouse is located on a parcel forty (40) acres or larger in area, and subject to the agriculture or winery-related tourism development standards set forth in Sections 405.520(F)(2)(a, b, e) and 405.520(F)(4).
9.
Broadcast facility, provided that the distance from the center of the base of the tower to the nearest property line shall not be less than the height of the tower.
10.
Buildings, structures or open spaces for conducting weddings and/or wedding receptions or other private parties.
11.
Campgrounds, Including Cottages And Camping Cabins. The number of camping accommodations shall be limited to no more than one (1) per five (5) acres of the parcel size
[2]
Editor's Note: At the County's direction, the regulations set out herein were brought back to the amendments set out in Ord. No. 22-073 as a scribner's error.
12.
Centralized yard waste composting facility, with conditions regulated in Part 4, Section 405.520, Development Standards for Certain Conditional Uses.
14.
Extraction, quarrying, or mining of sand, gravel, top soil, or other material.
15.
Farm stands, commercial.
16.
General contracting services relating to building, electrical, heating and cooling, painting and plumbing, provided that materials, vehicles and trailers used in connection with such services shall be stored within an enclosed building, and provided that any site occupied by services permitted under this provision shall be a compact site having at least one hundred fifty (150) feet of frontage on a public road and an area no greater than two (2) acres.
17.
Historic sites.
19.
Institution (hospital, nursing, rest, or convalescent home, and educational or religious), provided that not more than fifty percent (50%) of the site area may be occupied by buildings, and provided further that the building shall be set back from all required yard lines a minimum of fifty (50) feet. Hospitals may include a helicopter landing pad area as an accessory use.
20.
Kennels, provided that the buildings and pens are one hundred fifty (150) feet from all property lines.
21.
Lawn care service and all lawn care materials; any related equipment or vehicles are required to be stored within an accessory structure.
22.
Logging operations, sawmills, and mill storage of lumber, not including any fabrication of timber structures.
24.
Nurseries.
25.
Preschool, daycare, special, or other private school.
26.
Private clubs, provided said private club is a minimum of one hundred (100) feet from all property lines.
27.
Recreation, commercial outdoor.
28.
Rural Recreational Activity.
29.
Restaurant in association with any permitted or conditional use (except single-family residence). Notwithstanding Section 405.510, any restaurant operating under a conditional use permit issued before November 27, 2012, and that has continuously operated as a restaurant from that date to July 14, 2014, shall be automatically eligible to reinstate the previous conditional use permit.
30.
Single-family/single household dwellings and manufactured/modular homes utilized as a second (2nd) dwelling on a temporary basis not to exceed five (5) years.
31.
Stable, riding.
32.
Taxidermy.
34.
Veterinary clinic.
35.
Wind turbines and wind turbine farm.
36.
Winery, subject to development standards set forth in Part 4, Section 405.520(F)(2-5).
D.
Height, Area And Lot Requirements.
2.
Minimum front yard. Fifty (50) feet.
3.
Minimum side yard. Forty (40) feet.
4.
Minimum rear yard. Fifty (50) feet.
5.
Minimum lot width. One hundred fifty (150) feet.
6.
Minimum lot area. Five (5) acres unless otherwise specified in this Section.
a.
Parcels or lots duly recorded in the County Recorder's office, as of, and unaltered since the date of adoption of this ordinance and those lots within subdivisions which have received preliminary plat approval prior to the date of adoption of this ordinance may be developed with any Agricultural District permitted use provided that all other requirements of the Unified Development Ordinance are met.
b.
The owner of a lot improved by a residential structure existing prior to February 13, 2006, may record in the County Recorder's office a deed or deeds establishing a three (3) acre tract as the site of that residential structure while leaving the remainder as a separate tract, provided however that such division of land meets all other applicable requirements of this Unified Development Ordinance, except that if the lot to be divided is within a plat recorded on or before November 2, 1959, a re-subdivision plat is not required for such divisions.
7.
Minimum dwelling size (living space). Eight hundred (800) square feet for single-family.
8.
Minimum front yard for lots of record less than one (1) acre in size. Twenty-five (25) feet.
9.
Minimum side yard for lots of record less than one (1) acre in size. Seven (7) feet.
10.
Minimum rear yard for lots of record less than one (1) acre in size. Twenty-five (25) feet.
E.
Accessory Structure.
1.
Maximum total size of an accessory structure or of more than one (1) accessory structures on any given parcel may not exceed the following limits.
[Ord. No. 18-011 § 1, 1-29-2018]
a.
For parcels less than one (1) acre in size, up to one thousand two hundred (1,200) square feet.
b.
For parcels at least one (1) but less than three (3) acres in size, two thousand four hundred (2,400) square feet.
c.
For parcels at least three (3) but less than five (5) acres in size, three thousand six hundred (3,600) square feet.
d.
For parcels at least five (5) acres but less than ten (10) acres in size, four thousand eight hundred (4,800) square feet.
e.
For parcels at least ten (10) acres, or more, in size, no maximum square footage.
f.
Any accessory structure that existed prior to the inception of the County Zoning Regulations by Order of the St. Charles County Court on November 2, 1959, shall be exempt from, and its size shall not be used in the calculation of, the maximum total size limitations provided in this Section 405.080(E)(1).
2.
Minimum front yard of accessory structure. Fifty (50) feet.
3.
Minimum side yard of accessory structure. Seven (7) feet.
4.
Minimum rear yard of accessory structure. Seven (7) feet.
5.
Minimum distance from main structure to accessory structure. Ten (10) feet (except swimming pools). Accessory structures that will be less than ten (10) feet from the main structure must meet the same setbacks as the main structure and meet applicable building code requirements. A detached garage may be located in the front yard, however, no part of the structure may be located directly in front of the main structure.
6.
Minimum setbacks for boarding and/or private stables. Fifty (50) feet from all property lines.
H.
Solid Waste Disposal Screening Regulations. Other than for agricultural uses and residential use, all exterior solid waste containers and container racks and stands shall be screened on at least three (3) sides by a six (6) foot solid fence and on the fourth (4th) side by a solid gate constructed of cedar, redwood, masonry or other compatible building material.
Section 405.085 "AT" Agricultural Tourism District.
[Ord. No. 12-090 §4, 11-27-2012]
A.
Statement Of Intent. The intent of this district is to provide for agricultural, recreational, wildlife, open space, and farming uses, as well as agriculture- or winery-related tourism uses and economic development in a way that protects and preserves agricultural land and open space, and discourages premature and disassociated urban development. Specifically, the intent is to authorize agriculture- and winery-related tourism as conditional uses in rural areas subject to a minimum lot size of forty (40) acres and special development standards to ensure low concentrations of such uses within the district and adjoining areas so that their rural agricultural character is maintained while allowing these more intensive uses within the district. Such uses are declared to be agriculture-related because sited on large tracts mostly dedicated to agricultural and open-space uses. The following are declared to be agriculture- or winery-related tourism uses: conference/events/lodging center, dinner theater, farm stands (commercial), gallery or museum, golf course clubhouse, microbrewery, outdoor theater, restaurant, rural recreational activity, winery, winery farmers' market, and winery lodging.
B.
Permissive Uses.
1.
Agriculture, farming, dairy farming, livestock and poultry raising, forestry, farm stands (but not commercial farm stands as defined in Section 405.050, OSCCMo) and other uses commonly classified as agricultural with no restrictions to operation of such vehicles and machinery that are customarily incidental to such agricultural uses, provided that no feedlot, feeding floor, or structure for housing of livestock or poultry shall be permitted within one hundred fifty (150) feet of any property line.
2.
Apiaries, aviaries.
3.
Forest or wildlife reservations or small conservation uses.
4.
Golf course with an outdoor driving range (unlighted) as an accessory use.
5.
Historic sites.
6.
Hunting, fishing, and propagation of wildlife.
7.
Open space, park land or playgrounds.
8.
Sod farms.
9.
Stable, riding, boarding and/or private, provided said stables are fifty (50) feet from all property lines (one (1) horse or pony per one (1) acre).
10.
Accessory uses and buildings incidental to the above uses when located on the same lot.
C.
Agriculture- Or Winery-Related Tourism Conditional Uses.
1.
Conference/event/lodging center, subject to development standards set forth in Part 4, Section 405.520(F).
2.
Dinner theater, subject to development standards set forth in Part 4, Section 405.520(F).
3.
Farm stands, commercial, subject to development standards set forth in Part 4, Section 405.520(F).
4.
Gallery or museum, subject to development standards set forth in Part 4, Section 405.520(F).
5.
Golf course clubhouse, in connection with a golf course on the same tract of land, subject to development standards set forth in Part 4, Section 405.520(F).
6.
Microbrewery, subject to development standards set forth in Part 4, Section 405.520(F), and subject to the existence and operation of a duly permitted winery on the tract.
[Ord. No. 14-072 §3, 7-14-2014]
7.
Outdoor theater (excluding movie or drive-in movie theater), subject to development standards set forth in Part 4, Section 405.520(F).
8.
Restaurant, subject to development standards set forth in Part 4, Section 405.520(F), and subject to 1) the existence and operation of a duly permitted winery on the tract or 2) the existence and operation of the restaurant as a conditional use predating July 14, 2014.
[Ord. No. 14-072 §3, 7-14-2014]
9.
Rural recreational activity, subject to development standards set forth in Part 4, Section 405.520(F).
10.
Winery, subject to development standards set forth in Part 4, Section 405.520(F).
11.
Winery farmers' market, subject to development standards set forth in Part 4, Section 405.520(F).
12.
Winery lodging, subject to development standards set forth in Part 4, Section 405.520(F).
D.
E.
Accessory Structures, except as provided in Part 3, Article I, Section 405.405 et seq., and in Part 4, Section 405.520(F), if and as applicable.
1.
Maximum total size of an accessory structure or of more than one (1) accessory structure on any given parcel may not exceed the following limits.
a.
For any agricultural use structure: No size restriction.
2.
Minimum setbacks for riding, boarding and/or private stables. Fifty (50) feet from all property lines.
H.
Solid Waste Disposal Screening Regulations. Other than for agricultural uses and residential use, all exterior solid waste containers and container racks and stands shall be screened on at least three (3) sides by a six (6) foot solid fence and on the fourth (4th) side by a solid gate constructed of cedar, redwood, masonry or other compatible building material.
Section 405.090 "RR," "R1A," "R1B," "R1C," "R1D" and "R1E" Single-Family Residential Districts.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(17), 10-1-2003; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 04-158 §3, 9-29-2004; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 06-002 §1, 1-10-2006; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 08-146 §§2—4, 12-17-2008; Ord. No. 10-041 §5, 6-2-2010; Ord. No. 15-112 §1, 12-7-2015; Ord. No. 18-012 § 1, 1-29-2018; Ord. No. 20-001, 1-13-2020; Ord. No. 25-006, 2-24-2025]
A.
Statement Of Intent. Except as provided in Subsection (C), paragraph (13) below, the intent of these districts is to provide for detached single-family residential development on minimum lot sizes varying from three (3) acres to seven thousand (7,000) square feet. Lots less than three (3) acres in size shall be served by sanitary sewers and a public water supply. These districts and their related minimum lot sizes are as follows:
1.
"RR" - three (3) acres;
2.
"R1A" - one (1) acre;
3.
"R1B" - twenty thousand (20,000) square feet;
4.
"R1C" - fifteen thousand (15,000) square feet;
5.
"R1D" - ten thousand (10,000) square feet; and
6.
"R1E" - seven thousand (7,000) square feet.
These districts also allow for land uses which are incidental or accessory thereto. |
B.
Permissive Uses.
1.
Cemetery on a site of not less than five (5) acres. Cemeteries with a crematory as an accessory use on a site of not less than twenty (20) acres.
2.
Churches.
3.
Cluster developments in accordance with Subsection 405.090(I).
4.
Golf course and clubhouse, driving range (unlighted) as an accessory use; no miniature golf course operated for commercial purposes.
6.
Horses and private stables as an accessory building on three (3) acres or more, provided said stables are fifty (50) feet from all property lines.
7.
Parks or playgrounds.
8.
Public building or facility erected by a governmental agency.
9.
Public school (elementary, middle, or high), or a private school having a curriculum equivalent to public elementary, middle, or high school.
10.
Railroad right-of-ways, not including railroad yards.
11.
Recreational areas for subdivision developments within common ground areas.
12.
Sewage treatment plants and related facilities, including lift stations, water supply plants, pumps, reservoirs, wells, and elevated storage tanks, for the purpose of providing services to the public.
13.
Single-family/single household dwellings, including modular structures to be used as dwellings, provided:
a.
That persons applying for land use permits for such modular structures voluntarily apply also for building permits for those structures,
b.
That such modular structures meet the requirements of Title V of the Ordinances of St. Charles County, Missouri, and
c.
That if a court of competent jurisdiction finds that either of the preceding provisos is unconstitutional or unlawful, that proviso shall not be severed from any other language herein beginning with "including modular structures to be used as dwellings" but all of that language shall likewise be deemed unconstitutional or unlawful.
14.
Two-family/two household dwellings designated at the time of platting in the "R1C", "R1D" and "R1E" districts.
15.
Accessory uses and buildings incidental to the above uses, when located on the same lot; examples of which are vegetable and flower gardens, the raising and keeping of pets on a non-commercial basis, swimming pools, tennis courts, utility sheds, personal greenhouses and garden houses (non-commercial), unattached carports, unattached garages, and satellite dishes. If the satellite dishes are eighteen (18) inches or less in diameter and attached to a house, the dishes are allowed without setbacks.
C.
Conditional Uses.
1.
Adult day care.
2.
Bed and breakfast residence.
4.
Historic sites.
6.
Housing unit or units in the "R1E" district with a minimum dwelling size (living space) of eight hundred (800) square feet, a minimum lot area of six thousand (6,000) square feet, and on lots sixty (60) feet wide and with side yards six (6) feet in width.
7.
Institution (hospital, nursing, rest, or convalescent home, and educational or religious) on a site of not less than five (5) acres, provided that not more than fifty percent (50%) of the site area may be occupied by buildings, and further provided that the buildings shall be set back from all required yard lines a minimum of fifty (50) feet. Hospitals may include a helicopter landing pad area as an accessory use.
8.
Kennels, on a site of not less than three (3) acres, provided all pens are one hundred fifty (150) feet from all property lines.
9.
Lawn care service, on a site of not less than one (1) acre, and all lawn care materials; any related equipment or vehicles are required to be stored within an accessory structure.
10.
Manufactured and modular structure(s) not utilized as a dwelling.
11.
Manufactured home subdivisions, manufactured homes and modular structures not meeting the provisions within Section 405.090(B)(13), with conditions regulated in Part 4, Section 405.520, Development Standards for Certain Conditional Uses.[2]
[2]
Editor's Note—In the original text of ord. no. 10-041, the reference "405.090(B)(13)" read "405.090(B)(12)". This was a typographical error and corrected at the direction of the County Counselor's office.
12.
Preschool, daycare, special, or other private school.
13.
Private clubs on a site of not less than two (2) acres.
14.
Private or commercial recreational facility, including a lake, swimming pool, tennis court, boarding stable, riding stable, or golf course on a site of not less than five (5) acres.
16.
Top soil removal operation.
17.
Utility substation for electric, gas or telephone utilities on a site of not less than ten thousand (10,000) square feet in size in the "RR", "R1A", "R1B" and "R1C" Districts and not less than six thousand (6,000) square feet in the "R1D" and "R1E" Districts.
18.
Wind turbines.
D.
Height, Area And Lot Requirements.
6.
Minimum lot area.
a.
One hundred thirty thousand six hundred eighty (130,680) square feet in "RR".
b.
Forty-three thousand five hundred sixty (43,560) square feet in "R1A".
c.
Twenty thousand (20,000) square feet in "R1B".
d.
Fifteen thousand (15,000) square feet in "R1C".
e.
Ten thousand (10,000) square feet in "R1D".
f.
Seven thousand (7,000) square feet in "R1E".
7.
Minimum dwelling size (living space). One thousand (1,000) square feet for single-family.
8.
Lots to be used for two-family/two household development. The developer of a proposed subdivision may work with the Director of the Division of Planning and Zoning or his/her assigns in locating lots with "R1C", "R1D" and "R1E" residential districts that are to be used for two-family/two household dwellings. These lots, if any are approved, shall be stated as such on both the preliminary and final plats and their number will not exceed ten percent (10%) of the total number of lots within each respective subdivision plat having ten (10) or more lots. Any fraction thereof will be considered the next lowest number. For subdivision plats having five (5) to nine (9) lots, one (1) two-family/two household lot may be granted. For subdivision plats having fewer than five (5) lots, no two-family/two household lots are permitted.
E.
Accessory Structure.
1.
Maximum total size of all accessory structures (except stables) on any given parcel may not exceed the following limits.
a.
For parcels less than one (1) acre in size, up to one thousand two hundred (1,200) square feet.
b.
For parcels at least one (1) acre but less than three (3) acres in size, two thousand four hundred (2,400) square feet.
c.
For parcels at least three (3) acres but less than five (5) acres in size, three thousand six hundred (3,600) square feet.
d.
For parcels at least five (5) acres but less than ten (10) acres in size, four thousand eight hundred (4,800) square feet.
e.
For parcels at least ten (10) acres, or more, in size, no maximum square footage.
2.
Maximum size of private stable. Three thousand (3,000) square feet for stables in "R1A" through "R1E" zoning districts. Such stables must be fifty (50) feet from all property lines.
3.
Minimum front yard of accessory structure. Fifty (50) feet.
4.
Minimum side yard of accessory structure. Seven (7) feet, except on lots of three (3) acres, or greater, in which case the minimum side yard shall be twenty-five (25) feet.
5.
Minimum rear yard of accessory structure. Seven (7) feet.
6.
Minimum distance from main structure to accessory structure. Ten (10) feet (except swimming pools). Accessory structures that will be less than ten (10) feet from the main structure must meet the same setbacks as the main structure and meet applicable building code requirements. A detached garage may be located in the front yard, however, no part of the structure may be located directly in front of the main structure.
7.
Design requirements. All accessory, non-residential buildings over two hundred (200) square feet, except accessory structures and stables in the "RR" District, must be constructed of building materials and designed architecturally to be in substantial compliance with the primary structure. The use of metal siding, including, but not limited to, aluminum and steel, in the construction of an accessory structure is prohibited, except when the accessory structure is located on a lot of three (3) acres, or greater.
H.
Solid Waste Disposal Screening Regulations. Other than for residential use, all exterior solid waste containers and container racks and stands shall be screened on at least three (3) sides by a six (6) foot solid fence and on the fourth (4th) side by a solid gate constructed of cedar, redwood, masonry or other compatible building material.
I.
Cluster Development. Cluster development shall be subject to the following regulations, but shall remain subject to all other applicable provisions of this Unified Development Ordinance not modified by the following regulations.
1.
Statement of intent. The intent of the following regulations is:
a.
To provide permissive, voluntary and alternate procedures within the "RR", "R1A", "R1B", "R1C", "R1D" and "R1E" Single-Family Residence Districts by permitting flexibility in lot requirements and dwelling unit types while maintaining the maximum dwelling unit density limitations of the particular parcel's zoning district.
b.
To encourage creative and flexible site design that is sensitive to the land's natural features and adapts to the natural topography.
c.
To protect environmentally sensitive areas of a development site and preserve on a permanent basis open space, natural features and agricultural lands.
d.
To promote cost savings in infrastructure installation and maintenance by such techniques as reducing the distance over which utilities, such as water and sewer lines, need to be extended or by reducing the length of streets.
e.
To protect the public health, safety and general welfare by avoiding surface and ground water pollution, contaminated run-off, air quality contamination and urban heat islands that result from pavement and the clearing of natural vegetation.
2.
Standards for cluster development.
a.
Minimum size of tract and number of lots or units. Cluster development is permitted on tracts containing five (5) or more acres and five (5) or more lots or units.
b.
Residential uses only. Cluster development may be utilized for developments of single-family attached or detached dwellings. Development plans and plats required by and submitted pursuant to these regulations shall note which types of units are utilized in the subdivision.
c.
Maximum lot sizes. Maximum lot sizes in a cluster development shall be as follows:
Zoning District | Maximum Lot Area in Cluster Development | Permitted Density of the Zoning District | |
|---|---|---|---|
"RR" | 1 acre | 1 unit per 3 acres | |
"R1A" | 14,500 square feet | 1 unit per 1 acre | |
"R1B" | 9,000 square feet | 2.1 units per 1 acre | |
"R1C" | 6,700 square feet | 2.9 units per 1 acre | |
"R1D" | 5,500 square feet | 4.3 units per 1 acre | |
"R1E" | 4,200 square feet | 6.2 units per 1 acre |
d.
Density calculations. The maximum number of lots or units allowable shall be calculated by dividing the net area of the development by the minimum lot area requirements of the residential district or districts in which the subdivision is located. The net area is the gross area of the development minus the following:
e.
Planning and platting or dedication of open space. Open space areas are the parks, natural features and passive open space that distinguish this use pattern from other types of development. Open space areas shall be designated on the development plan and on any preliminary or final plat and shall be subject to the following minimum requirements.
(1)
The minimum land area that shall be devoted to open space shall consist of an area equal to the net area of the development minus the maximum number of lots having the maximum lot size. Open space in excess of the minimum may also be included in open space.
(2)
Open space shall not be further subdivided.
(3)
Open space shall not be developed except as provided below.
(4)
Open space may be included in the net acreage of the development for density calculations only if it is used as:
(a)
Conservation of open space in its natural state.
(b)
Recreation including, but not limited to, trails, picnic areas, community gardens, playing fields, playgrounds and courts, lakes and ponds.
(c)
Water supply and sewage disposal systems for the development.
(d)
Pasture and stables for recreational horses on ten (10) acres or more of open space (if horses are pastured, the number of horses shall not exceed one (1) horse per acre of pasture).
(e)
Easements for drainage, access, sewer or water lines or other public purposes.
(f)
Stormwater management facilities.
(g)
Parking areas to serve recreational areas.
(h)
Agricultural area to be used for crops and the grazing of animals.
(5)
Open space areas shall to the extent possible abut existing conservation areas, parks, open space or farmland on adjacent parcels.
(6)
Open space may be designated for dedication for public use, and in such cases be considered part of the gross acreage of the development in computing the maximum number of lots that may be created or dwelling units that may be authorized, only if:
(a)
The area of the proposed cluster development is at least thirty (30) acres;
(b)
The proposed public use site is dedicated to the public in a manner approved by the County Counselor or legal counsel of the public agency prior to recording of the subdivision plat and the use on the site shall be in conformance with Section 405.090(I)(2)(e)(3) above;
(c)
Prior to the recording of the subdivision plat, a written agreement between the petitioner and the public agency shall be submitted to the Director of the Planning and Zoning Division for review and approval. This agreement shall indicate who is responsible for the installation of required improvements and indicate when the improvements will be installed;
(d)
The subdivision plat for record identifies the boundaries of the dedicated tract within the cluster development;
(e)
The deed of dedication for public use shall provide that in the event the property shall no longer be used for that purpose, it will revert to the trustees of the subdivision in which it is located as common land. The trust indenture required herein shall provide for the manner in which the common land shall be treated.
(7)
Open space not dedicated to the public shall be titled to subdivision trustees, as provided herein.
(a)
In developments where common ground which may include open spaces, recreational areas or other common ground are provided and the acreage of which is included in the gross acreage for density calculation purposes, a trust indenture shall be recorded simultaneously with the final plat. The indenture shall provide for the proper and continuous maintenance and supervision of said common land by trustees to be selected and to act in accordance with the terms of such indenture, and the common land shall be deeded to the trustees.
(b)
In addition, the trust indenture shall contain the following provisions:
(i)
That the common ground, including open spaces, recreational areas or other common ground, shall be for the sole benefit, use and enjoyment of the lot or unit owners, present and future, of the entire cluster development or that the common ground may also be used by residents outside the cluster development.
(ii)
If residents outside the cluster development are permitted to use the common ground, the indenture shall contain provisions which shall provide, in essence, the following:
i)
No resident of the cluster development shall be denied the use of the open space, recreational facilities or other common ground for any reason related to the extension of such privilege to non-residents of the cluster development;
ii)
All rules and regulations promulgated pursuant to the indenture with respect to residents of the cluster development shall be applied equally to the residents;
iii)
All rules and regulations promulgated pursuant to the indenture with respect to non-residents of the cluster development shall be applied equally to the non-residents;
iv)
At any time after the recording of the indenture, a majority of the residents of the cluster development, by election duly called, may elect to allow or disallow usage of the open space, recreational facilities or other common grounds by non-residents of the cluster development.
(8)
Trust indentures for cluster development shall also include:
3.
Application for approval of cluster development—preliminary review by Division of Planning and Zoning.
a.
Applications for a cluster development shall be filed with the Division of Planning and Zoning on a form supplied by the Division. The application shall include a statement regarding the proposed development's compliance with the intent of this Subsection and a development plan depicting the arrangement of buildings on the site, building elevations depicting the architectural character and design of the proposed buildings, proposed landscaping and open space design. The development plan may be combined with a preliminary plat submitted pursuant to Chapter 410 of this Unified Development Ordinance.
b.
Upon verification by the Division's staff that an application for a cluster development is complete, the application (along with the preliminary plat, if combined with the development plan) shall be submitted to the Planning and Zoning Commission for review and approval.
4.
Approval of cluster development by Planning and Zoning Commission—criteria. The Planning and Zoning Commission may approve an application for a cluster development if the Commission finds that it meets the following criteria for approval.
a.
In preparing a development plan the applicant must:
(1)
Investigate and address the impacts of the proposed development on the site to be developed, on adjacent tracts and on public infrastructure, and
(2)
Identify and plan for the density, intensity, land uses, pedestrian and bicycle ways, trails, parks, open space, lot configuration, street and drainage patterns established for a site in the platting process.
b.
Further, the Planning and Zoning Commission shall not approve a subdivision plat and development plan for a cluster development unless all of the following findings with respect to the proposed development are made:
(1)
The proposed land use is in accord with the adopted Master Plan and the official Zoning Map, or that the means for reconciling any differences have been addressed. A preliminary plat may be processed concurrently with a rezoning request.
(2)
The proposed cluster subdivision conforms to all relevant requirements of the County. The plat and plan shall:
(a)
Meet all requirements with respect to lot size, density and area as provided in this Subsection;
(b)
Meet all development standards of this Unified Development Ordinance not modified by this Subsection;
(c)
In no way creates a violation of any applicable current ordinances, Statutes or regulations.
(3)
The proposed development, including its lot sizes, density, design, access and circulation, is compatible with the existing and/or permissible future use of adjacent property.
(4)
The proposed public facilities are adequate to serve the normal and emergency demands of the proposed development and to provide for the efficient and timely extension to serve future development.
(5)
Rights-of-way and easements of adequate size and dimension are provided for the purpose of constructing the street, utility and drainage facilities needed to serve the development.
(6)
The proposed cluster subdivision provides the appropriate land and improvements necessary to satisfy the requirements of the open space standards provided in this Chapter.
(7)
The proposed subdivision provides adequate pedestrian access to parks and open space.
(8)
The soils, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes.
(9)
Any land located within Zone A, as shown on the currently adopted Flood Insurance Rate Maps, is determined to be suitable for its intended use and the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential or any other floodplain-related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with the provisions of this Unified Development Ordinance not modified by this Subsection.
c.
Approval of a development plan for a cluster development shall constitute acceptance of the land use, building and architectural character, development intensity, general street patterns, drainage patterns, lot patterns, parks and open space lands and the general layout of pedestrian and bicycle trails, provided that these may be modified by the Planning and Zoning Commission in conjunction with subsequent approvals if additional information reveals development constraints that are not evident during preliminary plat review.
5.
Denial of approval by Planning and Zoning Commission—approval by County Council by ordinance. If the Planning and Zoning Commission withholds approval of a cluster development, the application shall be forwarded to the County Council and such application must then be approved by an ordinance with approval of five (5) member of the County Council, and the reasons for approval or failure to approve such application shall be spread upon the records of the Governing Body and certified to the Planning and Zoning Commission.
6.
The Planning and Zoning Commission shall approve preliminary and final plats for cluster developments as provided in the regulations for the subdivision of land in Chapter 410 of this Unified Development Ordinance. However, no such plat may be approved unless it is in substantial conformity with an approved development plan for the cluster development and with these regulations.
Section 405.095 "R2" Two-Family Residential District.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(18—19), 10-1-2003; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §6, 6-2-2010; Ord. No. 25-006, 2-24-2025]
A.
Statement Of Intent. The intent of this district is to provide for medium density residential development of an urban character for one- and two-family homes on a minimum lot size area of seven thousand (7,000) square feet served by sanitary sewers and a public water supply. The district also allows for land uses which are incidental or accessory thereto.
B.
Permissive Uses.
1.
Cemetery on a site of not less than five (5) acres. Cemeteries with a crematory as an accessory use on a site of not less than twenty (20) acres.
2.
Churches.
3.
Golf course and clubhouse, driving range (unlighted) as an accessory use; no miniature golf course operated for commercial purposes.
5.
Public building or facility erected by a governmental agency.
6.
Public parks or playgrounds.
7.
Public school (elementary, middle, and high), or private school having curriculum equivalent to a public elementary, middle, or high school.
8.
Railroad right-of-ways, not including railroad yards.
9.
Sewage treatment plants and related facilities including lift stations, water supply plants, pumps, reservoirs, wells, and elevated storage tanks, for the purpose of providing services to the public.
10.
Single-family/single household dwelling.
11.
Two-family/two household dwelling, including duplexes and twin homes.
12.
Accessory uses and buildings incidental to the above uses, when located on the same lot; examples of which are vegetable and flower gardens, the raising and keeping of pets on a non-commercial basis, swimming pools, tennis courts, utility sheds, personal greenhouses and garden houses (non-commercial), community carports, community garages, unattached carports, unattached garages, and satellite dishes. If the satellite dishes are eighteen (18) inches or less in diameter and attached to a house, the dishes are allowed without setbacks.
C.
Conditional Uses.
1.
Adult day care.
2.
Historic sites.
3.
Institutional (hospital, nursing, rest, or convalescent home, and educational or religious) on site of not less than five (5) acres, provide that not more than fifty percent (50%) of the site area may be occupied by buildings, and further provided that the building shall be set back from all required yard lines a minimum of fifty (50) feet. Hospitals may include helicopter landing pad area as an accessory use.
4.
Preschool, daycare, special, or other private school.
5.
Private clubs on a site of not less than two (2) acres.
7.
Utility substation for electric, gas, or telephone utilities.
8.
Wind turbines.
D.
Height, Area And Lot Requirements.
2.
Minimum front yard. Twenty-five (25) feet.
3.
Minimum side yard. Seven (7) feet (zero lot line will be allowed as a common party wall between units).
4.
Minimum rear yard. Twenty-five (25) feet.
E.
Accessory Structure.
1.
Maximum size of accessory structure. Two hundred fifty (250) square feet per residential unit.
2.
Minimum front yard of accessory structure. Twenty-five (25) feet. Storage sheds less than two hundred (200) total square feet shall have a front yard of fifty (50) feet.
3.
Minimum side yard of accessory structure. Seven (7) feet except that where zero lot lines are allowed as a common party wall for the main structure, that setback shall apply for the accessory structure along the same property line as the common party wall.
4.
Minimum rear yard of accessory structure. Seven (7) feet.
5.
Minimum distance from main structure to accessory structure. Ten (10) feet. Accessory structures less than ten (10) feet from the main structure must meet the same setbacks as the main structure and meet current building code requirements.
6.
Design requirements. All accessory, non-residential buildings over two hundred (200) square feet must be constructed of building materials and designed architecturally to be in substantial compliance with the primary structure. The use of metal siding, including, but not limited to, aluminum and steel, in the construction of an accessory structure is prohibited.
H.
Solid Waste Disposal Screening Regulations. Other than for residential use, all exterior solid waste containers and container racks and stands shall be screened on at least three (3) sides by a six (6) foot solid fence and on the fourth (4th) side by a solid gate constructed of cedar, redwood, masonry or other compatible building material.
Section 405.100 "R3A" Medium Density Residential District.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(20—22), 10-1-2003; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 04-158 §4, 9-29-2004; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 10-041 §7, 6-2-2010; Ord. No. 25-006, 2-24-2025]
A.
Statement Of Intent. The intent of this district is to provide for medium density residential development in environments which will be compatible with surrounding land uses. Types of development permitted include apartments, townhouses, villas, condominiums, and cluster homes. Such developments must be served by sanitary sewers and a public water supply, and shall not exceed a housing unit density of ten (10) units per acre. The district also allows for land uses which are incidental or accessory thereto.
B.
Permissive Uses.
1.
Adult day care.
2.
Golf course and clubhouse, driving range (unlighted) as an accessory use; no miniature golf course operated for commercial purposes.
4.
Multi-family/multiple household dwellings, including apartments, cluster homes, condominiums, townhouses, and villas.
5.
Preschool, daycare, special, or other private school.
6.
Public building or facility erected by a governmental agency.
7.
Public parks or playgrounds.
8.
Public school (elementary, middle, or high), or private school having a curriculum equivalent to a public elementary, middle, or high school.
9.
Railroad right-of-ways, not including railroad yards.
10.
Sewage treatment plants and related facilities, including lift stations, water supply plants, pumps, reservoirs, wells, and elevated storage tanks, for the purpose of providing services to the public.
11.
Single-family/single household dwellings.
12.
Two-family/two household dwellings.
13.
Accessory uses and buildings incidental to the above uses, when located on the same lot; examples of which are vegetable and flower gardens, the raising and keeping of pets on a non-commercial basis, swimming pools, tennis courts, utility sheds, personal greenhouses and garden houses (non-commercial), community carports, community garages, unattached carports, unattached garages, and satellite dishes. If the satellite dishes are eighteen (18) inches or less in diameter and attached to a house, the dishes are allowed without setbacks.
D.
Height, Area And Lot Requirements.
1.
Maximum height. Forty-five (45) feet.
2.
Minimum front yard. Twenty (20) feet from the external limits of the development site.
3.
Minimum side yard. Ten (10) feet from the external limits of the development site.
4.
Minimum rear yard. Twenty-five (25) feet from the external limits of the development site.
5.
Minimum yards within a development site shall be as shown on the preliminary plat or site plan.
6.
Minimum lot area. Four thousand (4,000) square feet for detached single-family residences.
7.
Minimum dwelling size (living space).
a.
One thousand (1,000) square feet for single-family.
b.
Seven (700) square feet (per family) for two-family.
c.
Five hundred (500) square feet (two (2) or more bedrooms) for multi-family.
d.
Four hundred (400) square feet (one (1) bedroom) for multi-family.
e.
Three hundred (300) square feet (efficiency unit combination bedroom/living room) for multi-family.
E.
Accessory Structure.
1.
Maximum size of accessory structure. Two hundred fifty (250) square feet per residential unit.
2.
Minimum front yard of accessory structure. Twenty-five (25) feet.
3.
Minimum side yard of accessory structure. Seven (7) feet except that where zero lot lines are allowed as a common party wall for the main structure, that setback shall apply for the accessory structure along the same property line as the common party wall.
4.
Minimum rear yard of accessory structure. Seven (7) feet.
5.
Minimum distance from main structure to accessory structure. Ten (10) feet. Accessory structures less than ten (10) feet from the main structure must meet the same setbacks as the main structure and meet applicable building code requirements.
6.
Design requirements. All accessory, non-residential buildings over two hundred (200) square feet must be constructed of building materials and designed architecturally to be in substantial compliance with the primary structure. The use of metal siding, including, but not limited to, aluminum and steel, in the construction of an accessory structure is prohibited.
F.
Maximum Number Of Living Units. The maximum number of living units in the R3A District shall not exceed ten (10) living units per acre.
I.
Solid Waste Disposal Screening Regulations. Other than for single-family and two-family residential uses, all exterior solid waste containers and container racks and stands shall be screened on at least three (3) sides by a six (6) foot solid fence and on the fourth (4th) side by a solid gate constructed of cedar, redwood, masonry or other compatible building material.
Section 405.105 "R3B" Multi-Family Residential District.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(23—28), 10-1-2003; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §8, 6-2-2010; Ord. No. 25-006, 2-24-2025]
A.
Statement Of Intent. The intent of this district is to provide for medium and high density residential development; density of such development is not to exceed twenty (20) units per acre in environments which will be compatible with surrounding land uses. Such development must be served by sanitary sewers and a public water supply. The district also allows for land uses which are incidental or accessory thereto.
B.
Permissive Uses.
1.
Adult day care.
2.
Boarding houses.
3.
Cemetery on a site not less than five (5) acres. Cemeteries with a crematory as an accessory use on a site of not less than twenty (20) acres.
4.
Churches.
5.
Golf course and clubhouse, driving range (unlighted) as an accessory use; no miniature golf course operated for commercial purposes.
7.
Institution (hospital, nursing, rest, or convalescent home, and educational or religious) on a site not less than five (5) acres, provided that not more than fifty percent (50%) of the site area may be occupied by buildings, and further provided that the building shall be set back from all required yard lines a minimum of fifty (50) feet. Hospitals may include a helicopter landing pad area as an accessory use.
8.
Multi-family/multiple household dwellings, including apartments, cluster homes, condominiums, townhouses, and villas.
9.
Preschool, daycare, special, or other private school.
10.
Private clubs or fraternal orders, except those whose chief activity is carried on as a business.
11.
Public building or facility erected by a governmental agency.
12.
Public parks or playgrounds.
13.
Public school (elementary, middle, and high), or private school having a curriculum equivalent to a public elementary, middle, or high school.
14.
Railroad right-of-ways, not including railroad yards.
15.
Sewage treatment plants and related facilities, including water supply plants, pumps, reservoirs, wells, and elevated storage tanks, for the purpose of providing services to the public, including substations or pumping stations.
16.
Single-family/single household dwellings.
17.
Two-family/two household dwellings.
18.
Accessory uses and buildings incidental to the above uses, when located on the same lot; examples of which are vegetable and flower gardens, the raising and keeping of pets on a non-commercial basis, swimming pools, tennis courts, utility sheds, personal greenhouses and garden houses (non-commercial), community carports, community garages, unattached carports, unattached garages, and satellite dishes. If the satellite dishes are eighteen (18) inches or less in diameter and attached to a house, the dishes are allowed without setbacks.
D.
Height, Area And Lot Requirements.
1.
Maximum height. Forty-five (45) feet.
2.
Minimum front yard. Twenty (20) feet from the external limits of the development site.
3.
Minimum side yard. Ten (10) feet from the external limits of the development site.
4.
Minimum rear yard. Twenty-five (25) feet from the external limits of the development site.
5.
Minimum yards within a development site shall be as shown on the preliminary plat or site plan.
6.
Minimum lot area. Four thousand (4,000) square feet for detached single-family residences.
7.
Minimum dwelling size (living space).
a.
One thousand (1,000) square feet for single-family.
b.
Seven hundred (700) square feet (per family) for two-family.
c.
Five hundred (500) square feet (two (2) or more bedrooms) for multi-family.
d.
Four hundred (400) square feet (one (1) bedroom) for multi-family.
e.
Three hundred (300) square feet (efficiency unit combination bedroom/living room) for multi-family.
E.
Accessory Structure.
1.
Maximum size of accessory structure. Two hundred fifty (250) square feet per residential unit.
2.
Minimum front yard of accessory structure. Twenty-five (25) feet.
3.
Minimum side yard of accessory structure. Seven (7) feet except that where zero lot lines are allowed as a common party wall for the main structure, that setback shall apply for the accessory structure along the same property line as the common party wall.
4.
Minimum rear yard of accessory structure. Seven (7) feet.
5.
Minimum distance from main structure to accessory structure. Ten (10) feet. Accessory structures less than ten (10) feet from the main structure must meet the same setbacks as the main structure and meet applicable building code requirements.
6.
Design requirements. All accessory, non-residential buildings over two hundred (200) square feet must be constructed of building materials and designed architecturally to be in substantial compliance with the primary structure. The use of metal siding, including, but not limited to, aluminum and steel, in the construction of an accessory structure is prohibited.
F.
Maximum Number Of Living Units. The maximum number of living units in the R3B District shall not exceed twenty (20) living units per acre.
I.
Solid Waste Disposal Screening Regulations. Other than for two-family residential use, all exterior solid waste containers and container racks and stands shall be screened on at least three (3) sides by a six (6) foot solid fence and on the fourth (4th) side by a solid gate constructed of cedar, redwood, masonry or other compatible building material.
Section 405.110 "RM" Manufactured/Mobile Home Residential District.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(29), 10-1-2003; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 12-016 §§1—3, 3-2-2012]
A.
Statement Of Intent.
1.
The purpose of the "RM" District is to provide for well-designed mobile home and manufactured home parks and subdivisions which are adequately served by public utilities. An "RM" District may be established, provided both a preliminary and a final development plat has been prepared, submitted, and approved in accordance with the regulations of this Chapter and those embodied in the Land Subdivision Regulations, as found in Chapter 410 of this Code. The preliminary development plat shall be submitted in conjunction with the application for rezoning to an "RM" District.
2.
The total area of land to be included in an "RM" District and so designated shall be at least five (5) acres in size.
3.
The location of any "RM" District shall be on property which has an acceptable relationship to major thoroughfares, and the Planning and Zoning Commission must satisfy itself to the adequacy of the thoroughfare to carry the additional traffic generated by the development.
4.
The plat for the proposed development must present a unified and organized arrangement of sites and service facilities which shall have a fundamental relationship to the properties comprising the planned development.
B.
Permissive Uses. In an "RM" District, no building, structure, land, or premise shall be used, and no building shall be erected, constructed, reconstructed, or altered, except for one (1) or more of the following uses:
1.
Adult day care.
3.
Laundry facilities.
4.
Lift or pumping station for electric, gas, or telephone utilities.
5.
Manufactured/mobile homes.
6.
Off-street parking and storage areas.
7.
Preschool, daycare, special, or other private school.
8.
Recreational facilities and open space.
9.
Sewage treatment plants and related facilities, including lift stations, water supply plants, pumps, reservoirs, wells, and elevated storage tanks, for the purpose of providing services to the public.
10.
Accessory uses and buildings incidental to the above uses, when located on the same lot; examples of which are vegetable and flower gardens, the raising and keeping of pets on a non-commercial basis, swimming pools, tennis courts, utility sheds, personal greenhouses and garden houses (non-commercial), unattached carports, unattached garages, and satellite dishes. If the satellite dishes are eighteen (18) inches or less in diameter and attached to a house, the dishes are allowed without setbacks.
C.
Height, Area And Lot Requirements.
1.
No more than one (1) manufactured/mobile home shall be placed on any one (1) lot.
2.
Each manufactured/mobile home lot shall have a minimum width of sixty (60) feet.
3.
No manufactured/mobile home shall be placed, located, or permitted upon any lot less than six thousand (6,000) square feet.
4.
All manufactured/mobile homes shall be located or placed at a minimum of twenty (20) feet from any street right-of-way.
5.
No manufactured/mobile home nor extensions or additions thereto shall be placed upon any lot within a manufactured/mobile home park closer than ten (10) feet to the side and rear property lines of said lot. Any awnings, decks, or unenclosed porches may extend five (5) feet into the required side yard. The maximum height for any structure in this district shall be thirty-five (35) feet.
6.
No attached additions, detached carports, or any structure shall be allowed closer than twenty-five (25) feet from any street right-of-way.
D.
Additional Requirements.
1.
Each manufactured/mobile home park shall include a buffer strip, exclusive of lot area, around the outer boundary, except where the park is adjacent to an existing mobile home park, which shall be one (1) of the following types as determined after review of the park plan, streets, topography, and surrounding land use:
a.
A heavily landscaped buffer zone strip which shall be no less than fifty (50) feet in width, or a heavily landscaped buffer zone strip at least twenty-five (25) feet in width, with a fence or heavily landscaped berm of such a height as to screen the manufactured/mobile home park from adjoining properties. In no case shall a manufactured/mobile home be closer than seventy (70) feet to an existing dwelling.
2.
At least five hundred (500) square feet of recreational area shall be provided for each manufactured/mobile home lot contained within a manufactured/mobile home park. The improvements and equipment must be depicted on the preliminary plat.
3.
Two (2) paved parking spaces off the street right-of-way shall be provided for each manufactured/mobile home lot. If additional parking spaces are needed for residents or visitors, such spaces shall be located in off-street parking bays.
4.
Every manufactured/mobile home space shall be provided with devices for anchoring the unit, as required in the current Building Code of St. Charles County, Missouri.
5.
The minimum size of the manufactured/mobile home unit shall be six hundred (600) square feet.
E.
Accessory Structures.
1.
Maximum total size of any or all accessory structures on each manufactured/mobile home lot. Up to fifty percent (50%) of base area of main structure.
2.
Minimum front yard of accessory structure. Twenty-five (25) feet.
3.
Minimum side yard of accessory structure. Five (5) feet.
4.
Minimum rear yard of accessory structure. Five (5) feet.
G.
Solid Waste Disposal Screening Regulations. Other than for residential use, all exterior solid waste containers and container racks and stands shall be screened on at least three (3) sides by a six (6) foot solid fence and on the fourth (4th) side by a solid gate constructed of cedar, redwood, masonry or other compatible building material.
Section 405.115 "PR" Park Recreational District.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001]
A.
Statement Of Intent. The intent of this district is to provide for outdoor recreational uses in a natural setting. The district also allows for land uses, which are incidental or accessory thereto.
B.
Permissive Uses.
1.
Baseball/softball diamonds, soccer fields, and related uses without lights.
2.
Boat docks, marinas, ferry landings, wharves, piers, and ramps for the use of leisure craft only.
3.
Campgrounds, travel trailers, and recreational vehicle parks, in accordance with the requirements for site plans in Part 4, Section 405.525, Site Plan Review.
4.
Commercial fishing lakes or sites on rivers.
5.
Forest and wildlife reservations.
6.
Golf course, miniature golf course, and driving range, provided that all buildings are two hundred (200) feet from any residential zoned subdivision.
7.
Public building or facility erected by a governmental agency.
8.
Public parks or playgrounds.
9.
Railroad rights-of-ways, not including railroad yards.
10.
Rental, repair, and storage of boats and bicycles, boating, bicycling, and fishing supplies, and the sale of boating, bicycling, fishing, camping, picnicking, and pre-packaged food supplies.
11.
Restaurant, or the sale of food items prepared on the premises.
12.
Riding stables, tracks, and roping arenas (commercial), provided that no building or structure shall be located closer than fifty (50) feet from property lines.
13.
Sale of marine gasoline.
14.
Sewage treatment plants and related facilities, including lift stations, water supply plants, pumps, reservoirs, wells, and elevated storage tanks, for the purpose of providing services to the public.
C.
Conditional Uses.
1.
Commercial recreational uses, such as skeet shooting, swimming pools, baseball/softball diamonds with lights, soccer fields with lights, and related uses.
2.
Historic sites.
4.
Private boat, yacht, fishing, gun, skeet, duck, or social club.
5.
Sale of boats.
6.
Topsoil removal operation.
7.
Utility substation for electric, gas, or telephone utilities.
D.
Height, Area And Lot Requirements.
G.
Solid Waste Disposal Screening Regulations. All exterior solid waste containers and container racks and stands shall be screened on at least three (3) sides by a six (6) foot solid fence and on the fourth (4th) side by a solid gate constructed of cedar, redwood, masonry or other compatible building material.
Section 405.120 "RF" Riverfront District.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 06-003 §1, 1-10-2006]
A.
Statement Of Intent. The intent of this district is to provide for various entertainment, recreational, residential and commercial activities along the Missouri and Mississippi Rivers (major rivers). All development may also be subject to the requirements of the "FF", "FP" and "DF" overlay districts.
B.
Permissive Uses.
1.
Boat club.
2.
Boat docks, marinas and piers.
3.
Boat launching ramps, public and private.
4.
Boat storage, indoor and outdoor associated with a marina.
5.
Camping and recreational vehicle parks, in accordance with the requirements for site plans in Part 4, Section 405.525, Site Plan Review.
6.
Dock houses and houseboats, non-motorized.
7.
Excursion boats.
8.
Ferry boats and landings.
9.
Food and retail sales accessory to a marina.
10.
Marine sales, service and repair.
11.
Marine fuel sales.
12.
Outdoor recreation and entertainment, e.g. golf courses, tennis courts, swimming pools.
13.
Park and recreation facilities.
14.
Residential unit in conjunction with a marina for a required night watchman or harbor master.
15.
Restaurant accessory to a marina with over forty (40) slips.
C.
Conditional Uses.
1.
Commercial lodging in conjunction with a marina.
2.
Riverboat gambling vessels including associated boat support facilities, docking facilities, employee support facilities, ground transportation support facilities, passenger ticketing facilities, parking facilities and security facilities.
3.
Drinking establishments, nightclubs and floating operations of such uses which have at least six (6) transient boat docking facilities.
4.
Restaurants which have at least six (6) boat docking facilities for transient use.
D.
Height And Area Regulations.
1.
No minimum site area for all uses except for riverboat gambling vessels. The minimum site area for riverboat gambling vessels shall be no less than twenty-five (25) acres.
2.
The minimum frontage along a major river shall be three hundred (300) feet.
3.
The maximum height for permitted uses in this district shall be fifty (50) feet.
4.
The maximum height that may be considered for conditional uses shall be seventy-five (75) feet.
5.
The minimum building line setbacks, unless specified otherwise in this Section, shall be thirty (30) feet from all property lines, except for frontage along the river.
6.
The minimum building line setbacks from the waterfront for commercial lodging in conjunction with a marina shall be no less than one hundred fifty (150) feet.
7.
The minimum lot width shall be two hundred (200) feet at the front building line.
E.
Specific Provisions For Riverfront Development Plans. All development requiring a conditional use permit within an "RF" District shall conform to the approved riverfront development plan. Any riverfront development plan submitted for approval pursuant to this Section shall include, but not be limited to:
1.
Site layout plan showing:
a.
The location of buildings, parking facilities, loading docks, boats, barges, vessels, piers, slips, etc.;
b.
On site circulation;
c.
Existing vegetation and vegetation to be removed;
d.
Landscaping and screening;
e.
The location of outdoor lighting on the property. All outdoor lighting shall have an arrangement and a level of intensity which will not interfere with adjacent streets or properties. No lighting shall be flashing or intermittent;
f.
Signage;
g.
Building orientation, height and setbacks;
h.
All identified wetland areas must be depicted in the development plan. Wetland determinations must be made for the site by the U.S. Army Corps of Engineers;
i.
Open space and amenities;
j.
Other elements as specified by the Planning and Zoning Director.
2.
Architecture and design plan:
a.
An architecture and design plan shall be submitted that depicts the architectural character and general composition of the exterior of a structure, including but not limited to, the kind, color, treatment and texture of the building material and the type, design and character of all windows, doors, light fixtures, signs and appurtenant elements, and the scale, height, mass, proportion, form, style, detail, construction material and roof design of a project or building.
b.
Accompanying the development plan will be photographs, artists' renderings or other visual presentations that will assist the County in evaluating the plan.
c.
The architecture and design plan shall be reviewed for its conformity with certain minimum design standards of appearance and for its harmony with surrounding structures and land uses. The purpose of such review is to ensure that unsightly, grotesque and unsuitable structures detrimental to the stability of property values, to the welfare of surrounding property, residents and occupants, and to the general welfare and happiness of the community, be avoided, and that appropriate standards of beauty and appearance be fostered and encouraged.
3.
Other plan submittal requirements:
a.
The prospective developer will supply information relative to expected infrastructure improvements, such as water service, sanitary sewer service, natural gas, electricity and roadways.
b.
All applicable structures and facilities must comply with the requirements of the "FF", "FW" and "DF" overlay districts.
c.
Implementation strategy and schedule.
d.
Other information that may be required includes:
(1)
Information relating to the number of employees and visitors to be accommodated, with expected daily, monthly and yearly operations.
(2)
A detailed plan covering the requirements for on-site security, fire protection and emergency services.
(3)
A traffic impact analysis may also be required. Such an analysis must include expected access routes, expected traffic volume, peak hours of operation, projected road improvements, and traffic controls necessary to accommodate the proposed uses and volumes. The developer also must provide written evidence that the concepts and/or designs have been approved by the Missouri Department of Transportation and/or a municipal government if such signalization or improvements are within their jurisdiction.
F.
Parking And Loading Regulations.
1.
Parking for the riverboat gambling vessel operation shall be one (1) parking space for every two (2) customers, based upon maximum occupancy, plus one (1) space per employee on the maximum shift. All other uses shall provide parking as specified in Part 3, Article II, Section 405.440 et seq. for Parking and Loading Requirements.
3.
There shall be a minimum of four (4) full-size bus parking spaces provided near the riverboat gambling vessel.
H.
Solid Waste Disposal Screening Regulations. All exterior solid waste containers and container racks and stands shall be screened on at least three (3) sides by a six (6) foot solid fence and on the fourth (4th) side by a solid gate constructed of cedar, redwood, masonry or other compatible building material.
Section 405.125 "CO" Office District.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §9, 6-2-2010; Ord. No. 18-010 § 1, 1-29-2018; Ord. No. 25-006, 2-24-2025]
A.
Statement Of Intent. The intent of this district is to provide attractive office facilities for low-intensity businesses and professional offices. The district also may serve as a transitional area between higher commercial uses and residential areas. Uses within this district shall generate a light vehicular and pedestrian traffic flow. No use shall be permitted which involves retailing, wholesaling, or manufacturing activities.
B.
Permissive Uses.
1.
Abstracting services.
2.
Advertising services.
3.
Architectural, engineering, urban planning, and related professional services.
4.
Artists, painters, sculptors, composers, and authors.
5.
Auditing, accounting, and bookkeeping services.
6.
Broadcast facility sixty (60) feet or less in height, provided that the distance from the center of the tower base to the nearest property line shall not be less than the height of the tower.
7.
Business and management consulting services.
8.
Business association offices.
9.
Charitable and welfare services.
10.
Chiropractors, optometrists, and other similar health services.
11.
Commodity and security broker dealers.
12.
Computer and data processing services.
13.
Credit and collection services.
14.
Dental and laboratory services.
15.
Detective and protective services.
16.
Holding and investment services.
17.
Insurance agents' and brokers' services.
18.
Legal services and offices for attorneys and paralegals.
19.
Medical services; physicians' offices and clinics.
20.
Office building or complex.
21.
Photographic studios.
22.
Psychiatric and/or psychological services.
23.
Public building or facility erected by a governmental agency.
24.
Real estate agents', brokers', and management services.
25.
Residential uses when located within a commercial structure and located above or behind the commercial use.
26.
Sewage treatment plants and related facilities, including lift stations, water supply plants, pumps, reservoirs, wells and elevated storage tanks, for the purpose of providing services to the public.
27.
Travel agencies.
C.
Conditional Uses.
1.
Broadcast facility in excess of sixty (60) feet in height, provided that the distance from the center of the tower base to the nearest property line shall not be less than the height of the tower.
2.
Manufactured structures not utilized as a dwelling.
3.
Restaurant, cafeteria, or deli within an office building or office complex.
4.
Single-family/single household dwellings and manufactured/modular homes and modular structures utilized as a dwelling, with the conditions regulated in Part 4, Section 405.520, Development Standards for Certain Conditional Uses.
D.
Height, Area And Lot Requirements.
2.
Minimum front yard. Twenty-five (25) feet.
3.
Minimum side yard. Zero (0) feet or ten (10) feet where a side yard adjoins a property within an "A" Agricultural District or "R" Residential District property.
4.
Minimum rear yard. Zero (0) feet where a rear yard adjoins a property within a "C" Commercial zoning district; or fifteen (15) feet.
5.
Minimum lot width. None.
6.
Minimum lot area. None (except seven thousand (7,000) square feet for a dwelling).
7.
Minimum dwelling size (living space).
a.
Eight hundred (800) square feet for single-family.
b.
Seven hundred (700) square feet (per family) for two-family.
c.
Five hundred (500) square feet (two (2) or more bedrooms) for multi-family.
d.
Four hundred (400) square feet (one (1) bedroom) for multi-family.
e.
Three hundred (300) square feet (efficiency unit combination bedroom/living room) for multi-family.
G.
Solid Waste Disposal Screening Regulations. Other than for residential use, all exterior solid waste containers and container racks and stands shall be screened on at least three (3) sides by a six (6) foot solid fence and on the fourth (4th) side by a solid gate constructed of cedar, redwood, masonry or other compatible building material.
Section 405.130 "C1" Neighborhood Commercial District.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 00-124 §1, 10-31-2000; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(30), 10-1-2003; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §10, 6-2-2010; Ord. No. 18-010 § 2, 1-29-2018; Ord. No. 25-006, 2-24-2025]
A.
Statement Of Intent. The intent of this district is to provide commercial areas for retail and service establishments which primarily serve local surrounding residential areas. The convenient shopping facilities typically occupy small sites and are located at the intersections of or along major transportation arteries.
B.
Permissive Uses.
1.
Any permissive use or a conditional use of the "CO" Office District, except single-family/single household dwellings, manufactured/modular structures, or broadcast facilities and telecommunication facilities.
2.
Adult day care.
3.
Bank or financial institution.
4.
Broadcast facility one hundred (100) feet or less in height, provided that the distance from the center of the tower base to the nearest "A" (Agricultural) or "R" (Residential) District property line shall not be less than the height of the tower.
5.
Cemetery on a site of not less than five (5) acres. Cemeteries with a crematory as an accessory use on a site of not less than twenty (20) acres.
6.
Churches.
7.
Dressmaking, tailoring and alterations, shoe repair, repair of household appliances, jewelry, clocks, watches, bicycles, catering and bakery with sales of bakery products on premises, interior decoration, locksmith service, and other uses of similar character.
8.
Duplicating, mailing, stenographic service, and private postal service.
9.
Florist, garden supplies, nursery and garden center.
10.
Group home facility.
11.
Historic sites.
13.
Horses and private stable as an accessory building on three (3) acres or more, provided that said stable is fifty (50) feet from all property lines.
14.
Institution (hospital, nursing, rest, or convalescent home, and educational or religious) on a site of not less than five (5) acres, provided that not more than fifty percent (50%) of the site area may be occupied by buildings, and further provided that the buildings shall be set back from all required yard lines a minimum of fifty (50) feet. Hospitals may include a helicopter landing pad area as an accessory use.
15.
Kennels, on a site of not less than three (3) acres, provided all pens are one hundred fifty (150) feet from all property lines.
16.
Lawn care service, on a site of not less than one (1) acre, and all lawn care materials and any related equipment or vehicles, are required to be stored within an accessory structure.
17.
Mortuary.
18.
Park or playground.
19.
Personal service use, including art studio, barbershop, beauty shop, laundry or dry cleaning, pet grooming, launderette or self-service laundry, and other uses of similar character.
20.
Preschool, daycare, special, or other private school.
21.
Private clubs on a site of not less than two (2) acres.
22.
Private or commercial recreational facility, including a lake, swimming pool, tennis court, boarding stable, riding stable, or golf course on a site of not less than five (5) acres.
23.
Private school, including art, dancing, martial arts, and music.
24.
Public school (elementary, middle, or high), or a private school having a curriculum equivalent to public elementary, middle, or high school.
25.
Railroad right-of-ways, not including railroad yards.
26.
Retail store, including antiques, art and hobby supplies, books and magazines, candy, nut and confectionery, camera and photographic supplies, cigarettes and cigars, clothing, drug and pharmaceutical, dry goods, gift, glass and china, hardware, jewelry, leather, luggage, metalware, music, notions, novelty, pastry, pet, pottery, radio, shoes, sporting goods, stationery, and toy shops, in connection with which there shall be no slaughtering of animals or poultry, nor commercial fish cleaning or processing on the premises.
27.
Utility substation for electric, gas, or telephone utilities.
28.
Accessory uses customarily incidental to any of the above.
C.
Conditional Uses.
1.
Automobile fuel sales, not including service and repair.
2.
Bed and breakfast residence.
3.
Broadcast facility in excess of one hundred (100) feet in height, provided that the distance from the center of the tower base to the nearest "A" (Agricultural) or "R" (Residential) District property line shall not be less than the height of the tower.
4.
Convenience store, which may include the sale of gasoline and an automobile car wash (store limitation of five thousand (5,000) gross square feet).
6.
Liquor, wine, and beer, retail.
7.
Manufactured structures not utilized as a dwelling.
8.
Recycling collection facility.
9.
Restaurant, fast-food restaurant, cafeteria, ice cream parlor, tea room, bar, and tavern.
10.
Single-family/single household dwellings and manufactured homes and modular structures utilized as a dwelling, with the conditions regulated in Part 4, Section 405.520, Development Standards for Certain Conditional Uses.
13.
Temporary fireworks stand.
14.
Temporary recreation and entertainment.
D.
Height, Area And Lot Requirements.
2.
Minimum front yard. Twenty-five (25) feet.
3.
Minimum side yard. Zero (0) feet where a side yard adjoins a property within a "C" Commercial zoning district; or ten (10) feet.
4.
Minimum rear yard. Zero (0) feet where a rear yard adjoins a property within a "C" Commercial zoning district; or fifteen (15) feet.
5.
Minimum lot width. None.
6.
Minimum lot area. None (except seven thousand (7,000) square feet for residential).
7.
Minimum dwelling size (living space).
a.
Eight hundred (800) square feet for single-family.
b.
Seven hundred (700) square feet (per family) for two-family.
c.
Five hundred (500) square feet (two (2) or more bedrooms) for multi-family.
d.
Four hundred (400) square feet (one (1) bedroom) for multi-family.
e.
Three hundred (300) square feet (efficiency unit combination bedroom/living room) for multi-family.
G.
Solid Waste Disposal Screening Regulations. Other than for residential use, all exterior solid waste containers and container racks and stands shall be screened on at least three (3) sides by a six (6) foot solid fence and on the fourth (4th) side by a solid gate constructed of cedar, redwood, masonry or other compatible building material.
Section 405.135 "C2" General Commercial District.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 00-124 §1, 10-31-2000; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 05-061 §1, 6-1-2005; Ord. No. 06-004 §3, 1-31-2006; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 07-113 §1, 8-28-2007; Ord. No. 10-041 §11, 6-2-2010; Ord. No. 16-032 §1, 5-9-2016; Ord. No. 18-010 § 3, 1-29-2018; Ord. No. 18-038, 5-14-2018; Ord. No. 18-060, 6-25-2018; Ord. No. 19-061, 7-29-2019; Ord. No. 25-006, 2-24-2025]
A.
Statement Of Intent. The intent of this district is to provide locations for a wide range of commercial, retail, and service activities serving a large community trade area. The regulations embodied in this district facilitate the establishment of conditions suitable for operations of businesses catering to the general public.
B.
Permissive Uses.
1.
Any permissive use or conditional use of the Park Recreational "PR" and Neighborhood Commercial "C1" Districts, except single-family/single household dwellings, houseboats, temporary fireworks stands, bed and breakfast residences or broadcast facilities and telecommunication facilities.
2.
Art gallery and museum.
3.
Automobile car wash.
4.
Automobile service station and automobile repair, including auto body shop, provided that wrecked or dismantled vehicles or parts are stored in a building or enclosed within an eight (8) foot sight-proof fence.
5.
Bed and breakfast inn.
6.
Blacksmithing and welding service.
7.
Brewhouse.
8.
Broadcast facility of one hundred (100) feet or less in height, provided that the distance from the center of the tower base to the nearest "A" (Agricultural) or "R" (Residential) District property line shall not be less than the height of the tower.
9.
Business or commercial school or academy.
10.
Carpentry and woodworking related to furniture and small wood products employing not more than four (4) individuals, and provided there is no open storage of materials or products.
11.
Dyeing, cleaning, printing, tinsmithing, tire sales and service, upholstering, and other general service and repair establishment of similar character. Not more than ten percent (10%) of the lot or tract occupied by such an establishment shall be used for the outside storage of materials or equipment within an eight (8) foot sight-proof fence.
12.
Department and discount store.
13.
Display and sales room.
14.
Farm or feed store, including accessory storage of liquid or solid fertilizer.
15.
Frozen food lockers and cold-storage facility.
16.
Furniture, home furnishing, and floor covering, retail.
17.
General contracting services relating to building, electrical, heating and cooling, painting, and plumbing with no outside storage except for trucks and dump trucks which may be stored outside.
19.
Health and exercise club, reducing salon, and athletic club.
20.
Laboratory—research, experimental, or testing.
21.
Mail order facilities, including direct mail and similar facilities.
25.
Microbrewery.
26.
Motel or hotel.
27.
Nightclub.
28.
Public parking garage facility.
29.
Radio or television broadcasting station or studio and telegraph offices.
30.
Recreation, commercial indoor.
31.
Rental agency.
32.
Supermarket.
33.
Tattooing/body piercing establishment, established pursuant to Chapter 645, Ordinances of St. Charles County, Missouri, provided that the premises occupied be at least one thousand (1,000) feet from the site of any public or private school.
35.
Theater, stage, or motion picture, indoor.
36.
Veterinarian, animal hospital or kennel, if within an enclosed building.
37.
Accessory use customarily incidental to any of the above including a crematory as an accessory use to a mortuary.
38.
Portable storage and accessory structures sales, rental and leasing (new and used).
C.
Conditional Uses.
1.
Airport or landing field.
2.
Amphitheater, aquarium, arena and fieldhouse, auditorium, convention center, planetarium, stadium, and zoo.
3.
Amusement game machine complex.
4.
Amusement park or any outdoor amusement area.
5.
Automobile, boat, truck, mobile home, manufactured home, modular home, recreational vehicle sales, rental and leasing (new and used).
6.
Automobile, boat, truck, mobile home, manufactured home, modular home and recreational vehicle storage.
7.
Bed and breakfast residence.
8.
Broadcast facility in excess of one hundred (100) feet in height, provided that the distance from the center of the tower base to the nearest "A" (Agricultural) or "R" (Residential) District property line shall not be less than the height of the tower.
9.
Construction equipment and heavy machinery (new and used): sales, lease, rental, repair and storage.
10.
Drive-in theater.
11.
Farm machinery and equipment, sales, and repair.
12.
Firewood — cutting, sales and storage.
13.
Helicopter landing pad area.
14.
Houseboats.
15.
Landscaping contracting services.
16.
Lumberyard and building materials.
17.
Regional shopping center.
18.
Self-storage or mini warehouses.
19.
Single-family/single household dwellings and manufactured homes and modular structures utilized as a dwelling, with conditions regulated in Part 4, Section 405.520, Development Standards for Certain Conditional Uses.
22.
Temporary fireworks stands.
23.
Truck or bus terminal.
24.
Truck stop, with or without restaurant and motel facilities.
25.
Vehicle washing facility for tractor trailers.
26.
Warehouse or wholesale establishment.
D.
Height, Area And Lot Requirements For All Structures.
2.
Minimum front yard. Twenty-five (25) feet.
3.
Minimum side yard. Ten (10) feet where a side yard adjoins a property within an "A" Agricultural District or "R" Residential District property; or zero (0) feet.
4.
Minimum rear yard. Zero (0) feet where a rear yard adjoins a property within a "C" Commercial zoning district; or fifteen (15) feet.
5.
Minimum lot width. None.
6.
Minimum lot area. None (except seven thousand (7,000) square feet for residential).
7.
Minimum dwelling size (living space).
a.
Eight hundred (800) square feet for single-family.
b.
Seven hundred (700) square feet (per family) for two-family.
c.
Five hundred (500) square feet (two (2) or more bedrooms) for multi-family.
d.
Four hundred (400) square feet (one (1) bedroom) for multi-family.
e.
Three hundred (300) square feet (efficiency unit combination bedroom/living room) for multi-family.
G.
Solid Waste Disposal Screening Regulations. Other than for residential use, all exterior solid waste containers and container racks and stands shall be screened on at least three (3) sides by a six (6) foot solid fence and on the fourth (4th) side by a solid gate constructed of cedar, redwood, masonry or other compatible building material.
Section 405.140 (Reserved) [1]
[1]
Editor's Note—Ord. no. 10-041 §12, adopted June 2, 2010, repealed section 405.140 ""C3" highway and major commercial district" in its entirety. Former section 405.140 derived from ord. no. 99-99 §1, 7-12-1999; ord. no. 01-054 §1, 4-25-2001; ord. no. 04-053 §1, 4-13-2004; ord. no. 05-029 §1, 3-29-2005; and ord. no. 07-113 §1, 8-28-2007.
Section 405.145 Statement of Intent.
[Ord. No. 99-99 §1, 7-12-1999]
The purpose and intent of the High Technology Corridor District (HTCD) is to provide a controlled and protected environment for the orderly growth and development of high technology businesses and industries within a park-like setting. This district also may allow, as conditional uses, other selected activities and facilities which provide services to or complement the permitted uses. All uses within the "HTCD" must conform to the Regulations and Performance Standards described within this district. The "HTCD" regulations apply to both individual lots and larger developments with multiple lots. However, whenever possible, the development of "HTCD" parks is encouraged for those that offer the opportunity to provide a planned office/research/ technology environment with common amenities, infrastructure, and management.
Section 405.150 Permissive Uses.
[Ord. No. 99-99 §1, 7-12-1999]
A.
The following activities are permitted, subject to the regulations and standards set forth herein:
1.
Administrative, headquarter, or processing offices for any of the following permissive uses.
2.
Computer programming and other software services.
3.
Educational facilities.
4.
Engineering, architectural, urban planning, and design services.
5.
Federal, State, County, City, or public utility owned and operated buildings and uses.
6.
Manufacture of scientific, precision, and research instruments.
7.
Offices for medical and telecommunications organizations.
8.
Offices serving educational, governmental, scientific, research and development, manufacturing, assembly, and professional organizations.
9.
Research and testing laboratories.
10.
Any proposed use not listed above shall be reviewed by the Planning and Zoning Commission for determination as to compatibility with other uses in the district, and the Commission shall forward a recommendation to the Governing Body for a final determination and approval.
Section 405.155 Conditional Uses.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 25-006, 2-24-2025]
A.
The following activities which support, or are an adjunct to, the permitted uses may, at the discretion of the Planning and Zoning Commission, be allowed, subject to the regulations and standards set forth herein and any other conditions deemed necessary to ensure compatibility with adjacent and surrounding uses. Some of the conditional uses listed in this Section may be appropriate within the context of an "HTCD" park:
1.
Banks, savings and loans, and credit unions.
2.
Child care facilities.
3.
Conference and training facilities.
4.
Hotels, motels, and extended-stay rental lodging facilities.
5.
Light manufacturing and assembly facilities.
6.
Recreational facilities such as golf courses, tennis courts, fitness centers, and indoor facilities.
7.
Restaurants.
8.
Retail and personal service establishments.
Section 405.160 Accessory Uses.
[Ord. No. 99-99 §1, 7-12-1999]
A.
Accessory uses shall be complementary and subordinate to a principal use which is permitted within the zoning district. Permitted accessory uses in this zoning district shall include the following uses and structures:
1.
Buildings for storage of documents, records, testing and research equipment, experimental models, and other personal property related to the principal use.
2.
Bus shelters.
3.
Clinics, cafeterias, lounges, and recreational areas for employees.
4.
Conference or training facilities accessory to any permitted use.
5.
Receiving and transmitting antennas and communication towers that are accessory to a principal use.
6.
Sign structures which are used to advertise, promote, or identify commercial activity that is on the same premises as the sign.
Section 405.165 Regulations and Standards.
[Ord. No. 99-99 §1, 7-12-1999]
A.
The following regulations shall apply in all High Technology Corridor Districts (HTCD):
1.
Administrative requirements.
a.
The applicant requesting "HTCD" zoning, or development within an existing "HTCD", must submit to the Planning and Zoning Commission prior to any development taking place on the site a preliminary, site development plan and color rendering of building elevations. The plan shall depict: proposed uses for all lots; access and traffic circulation; parking and loading areas; a landscape plan indicating the selection of tree and shrub species for the park and/or individual lots as they are developed; the design of common open space areas; location and design of signs; typical building elevations; and additional items set forth herein.
b.
The applicant must, simultaneously, file a preliminary subdivision plat for the tract and follow the entire platting process as indicated in Chapter 410 (the preliminary plat can be reviewed concurrently with the rezoning if the site is not already zoned "HTCD").
c.
The applicant shall include with the plat application covenants and restrictions for the development, if applicable.
d.
The applicant shall describe within the covenants and restrictions the organization and operation of the governing board that is set up to enforce said covenants. The covenants shall also address the integration of individual site developments with the overall site plan.
2.
Design requirements.
a.
Design unity. Development within an "HTCD" should demonstrate a logical layout and pattern of streets and open space, a well-conceived landscape plan, and design unity of street furniture and signage.
b.
The development should integrate a common open space system and stormwater drainage system: the common open space system shall include recreational areas; environmental reserves protected from development or retained for their scenic beauty; a storm drainage system; and open space around any centralized management, service, or administrative center. The storm drainage system includes conduits, swales, streams, wetlands, detention basins, and surcharge retention ponds sufficient to contain storm drainage on the tract and to avoid localized flooding on individual lots or other abutting and nearby parcels outside the tract.
c.
The development should demonstrate a site layout and design that integrates individual lots within the overall development context.
3.
Site area. There is no minimum lot area for "HTCD" developments. All developments are subject to site development and subdivision plat review and must demonstrate the development site is sufficient to meet all development standards of the "HTCD" District.
4.
Lot width. The minimum lot width shall be one hundred (100) feet at the front of the building line, except that lots of five (5) acres or greater shall have a minimum width of two hundred (200) feet at the front of the building line.
5.
Lot coverage. The maximum lot coverage shall not exceed seventy percent (70%). This represents that portion of the site which is covered by impermeable surfaces, such as buildings or paving for access, circulation, loading, and parking.
6.
Yard requirement.
a.
Front yard. All buildings must be set back a minimum of thirty (30) feet from any public right-of-way. All required front yards must be kept clear of parking, loading areas, accessory uses, and buildings.
b.
Side yard. All buildings must be at least twenty (20) feet from the side property line of any adjacent lot, except in the case of a corner lot, where the side yard shall be thirty (30) feet.
c.
Rear yard. All buildings must be at least thirty (30) feet from the rear property line.
7.
Height requirements. Except as otherwise provided in this Chapter, no building or structure shall exceed sixty (60) feet.
8.
Landscaping and screening.
a.
All side and rear yards shall maintain a minimum of a fifteen (15) foot landscape strip adjacent to the property line. A minimum of a one and one-half (1½) inch caliper tree per thirty (30) feet linear distance for each boundary line shall be provided.
b.
When adjacent to a residential use or residentially zoned property, the landscape buffer shall not be less than thirty (30) feet in width.
c.
All front yards under this Article shall be landscaped and maintained.
d.
A fence, wall, hedge, landscaping, earth berm, natural buffer, or any combination thereof, shall be provided to screen uses or portions of uses which represent a potential negative impact on adjacent properties.
The following specific uses or features shall be screened from adjacent properties and from the view of any existing or proposed public street:
(1)
Dumpster and trash hauling areas.
(2)
Service entrances and utility facilities.
(3)
Loading docks or spaces.
(4)
Outdoor storage or material stocks, or equipment, including, but not limited to: motor vehicles, farm or construction equipment, or other similar items.
(5)
Screening standards. In addition to the standards set forth elsewhere in this Article, the following standards apply to all screening:
(a)
Minimum height of any screening shall be that which is sufficient to visually separate uses within the subject property from adjoining properties and streets.
(b)
Height of any screening materials on a corner is controlled by vehicular sight distances.
(c)
Shrubs used as screening materials shall be of the evergreen variety.
9.
Utilities.
a.
Any area zoned High Technology Corridor District shall be served by approved public water and sewer facilities or PSC-approved private utilities.
b.
All utility distribution lines and conduits must be placed underground. In the instance of external equipment, such as transformers, screening will be required.
10.
Parking.
b.
Loading areas shall not be located within any front yard and shall be properly screened so as to be not visible from any existing or proposed street. Screening may consist of earth berms or landscaping.
c.
All off-street parking areas, which shall include drives within the parking areas greater than twenty (20) automobiles shall have at least five percent (5%) of the interior of parking area landscaped in planting islands or peninsulas. Width of the planting area or peninsula shall be seven (7) feet between the backs of the curbs and at least one (1) tree, one and one-half (1½) inch caliper, per twenty (20) parking spaces, shall be planted within the planting islands or peninsulas.
d.
Design of parking lots should encourage the use of mass transit and ridesharing.
11.
Performance standards.
a.
All operations must take place within a fully enclosed building.
b.
All storage of materials and equipment shall be within a fully enclosed building or a screened rear yard not visible to any adjacent property. Screening shall be defined as berms, dense vegetation, or wood or brick fences.
c.
Access points shall minimize traffic congestion. Whenever possible, access to a roadway shall be made to service more than one (1) lot.
12.
Signs.
a.
Master sign plan. For developments containing three (3) or more structures, a master sign plan shall be required. This plan shall include information as to the type of sign allowed within the development, colors, lettering styles, and locations.
b.
The only signs permitted within the "HTCD" will be for identification purposes and shall be located on-premise. No off-premise outdoor advertising signage billboards shall be allowed.
c.
Park directory signs and/or map locator signs will be allowed at the entrance to an "HTCD" park. Such signs shall not be over twelve (12) feet in height and will have a face no greater than thirty-two (32) square feet.
d.
e.
Design. All signs shall reflect the architectural design scheme of the project and must be submitted as part of the site plan.
13.
Architectural design standards.
a.
Structures must be architecturally finished on all sides.
b.
Metal-clad buildings are prohibited.
c.
Acceptable exterior surface finish materials for buildings shall include masonry, brick, glass, stucco, or selected forms of aggregate.
d.
All rooftop equipment shall be screened from view on all four (4) sides.
e.
Pre-engineered and pre-fabricated structures are prohibited. However, this prohibition shall not extend to components or accessory functions of a building.
Section 405.170 "I1" Light Industrial District.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(31), 10-1-2003; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 05-061 §2, 6-1-2005; Ord. No. 07-113 §1, 8-28-2007; Ord. No. 10-041 §13, 6-2-2010; Ord. No. 16-032 §2, 5-9-2016; Ord. No. 18-010 § 4, 1-29-2018; Ord. No. 19-061, 7-29-2019; Ord. No. 25-006, 2-24-2025]
A.
Statement Of Intent. The intent of this district is to provide for locations with a variety of less-intense industrial, warehouse, and wholesale operations. Such an establishment in this district is relatively free of objectionable influence in its operation and appearance. Industrial work, in which the finished product is generally produced from semi-finished material, applies to this district.
B.
Permissive Uses.
1.
Any permissive use or conditional use of the "C2" General Commercial District, except automobile, boat, truck, mobile home, manufactured home, modular home, recreational vehicle sales, rental and leasing (new and used); farm machinery and equipment, sales, and repair; landscaping contracting services; construction equipment and heavy machinery (new and used): sales, lease, rental, repair and storage; dwellings, unless to be for and occupied by: a watchperson, attendant, guard or other personnel who customarily resides on the premises; temporary fireworks stands; or broadcast facilities and telecommunication facilities.
2.
Broadcast facility of one hundred fifty (150) feet or less in height, provided that the distance from the center of the tower base to the nearest "A" (Agricultural) or "R" (Residential) District property line shall not be less than the height of the tower.
3.
Baking plant, with baked goods not sold on premise.
4.
Bottling works and food packaging.
5.
Brewery.
6.
Cabinet, carpentry, pattern shop, planing mill, and woodworking plant.
7.
Chemical laboratory not producing noxious fumes or odor.
8.
Commercial and industrial machinery, equipment, and supplies, sales, and service.
10.
Docks, piers, and wharves, and equipment and structure incidental to river barge traffic.
11.
Grain elevator and flour mill.
12.
Laundry or dry cleaning plant.
13.
Machine shop, electroplating, photoengraving, plumbing and sheet metal shop, and other similar uses.
14.
Manufacturing or processing of articles, materials, and products, except those uses permitted in Section 405.175.
15.
Masonry and stonework operation.
21.
Monument and marble work.
22.
Pet crematories.
23.
Railroad switching yard, railroad terminal, freight yard, and facility.
24.
School for industrial training, trade or business.
25.
Sewage treatment plants and water supply plants.
26.
Sexually oriented business.
27.
Accessory uses customarily incidental to any of the above.
C.
Conditional Uses.
1.
Automobile, boat, truck, mobile home, manufactured home, modular home, recreational vehicle sales, rental and leasing (new and used) or storage lots.
2.
Broadcast facility in excess of one hundred fifty (150) feet in height, provided that the distance from the center of the tower base to the nearest "A" (Agricultural) or "R" (Residential) District property line shall not be less than the height of the tower.
3.
Centralized yard waste composting facility, with conditions regulated in Part 4, Section 405.520, Development Standards for Certain Conditional Uses.
4.
Construction equipment and heavy machinery (new and used): sales, lease, rental, repair and storage.
5.
Farm machinery and equipment, sales, and repair.
6.
Houseboats.
7.
Landscaping contracting services.
8.
Race track for vehicles or animals, including go-cart race track.
9.
Recycling center, with conditions regulated in Part 4, Section 405.520, Development Standards for Certain Conditional Uses.
10.
Redi-mix concrete operation and batch plant, if product is to be used off-site.
11.
Resource recovery facility, with conditions regulated in Part 4, Section 405.520, Development Standards for Certain Conditional Uses.
12.
Sales area and bulk storage yard or warehouse for such material as: asphalt, brick, building material, cement, coal, cotton, feed, fertilizer, fuel, grain, gravel, grease, hay, ice, lead, lime, lumber, metal, oil, plaster, roofing, rope, sand, stone, tar, tarred or creosoted product, terracotta, timber, tobacco leaf and tobacco product, wood, and wool.
13.
Single-family/single household dwellings and manufactured homes and modular structures utilized as a dwelling, with conditions regulated in Part 4, Section 405.520, Development Standards for Certain Conditional Uses.
14.
Storage area and storage yard for cable television operation, well-drilling contractors' supplies, asphalt and concrete paving firm, and contractors' heavy construction equipment, including excavating and grading equipment.
16.
Temporary fireworks stand.
17.
Trash transfer station, with conditions regulated in Part 4, Section 405.520, Development Standards for Certain Conditional Uses.
18.
Vehicle impound facility, provided that vehicles are stored in a building or enclosed within an eight (8) foot sightproof fence.
D.
Height, Area And Lot Requirements.
1.
Maximum height. Sixty (60) feet.
2.
Minimum front yard. Thirty-five (35) feet.
3.
Minimum side yard. Zero (0) feet where a side yard adjoins a property within an "I" Industrial zoning district; or ten (10) feet.
4.
Minimum rear yard. Zero (0) feet where a rear yard adjoins a property within an "I" Industrial zoning district; or fifteen (15) feet.
5.
Minimum lot width. None.
6.
Minimum lot area. None (except seven thousand (7,000) square feet for residential).
7.
Minimum dwelling size (living space). One thousand (1,000) square feet.
G.
Solid Waste Disposal Screening Regulations. Other than for residential use, all exterior solid waste containers and container racks and stands shall be screened on at least three (3) sides by a six (6) foot solid fence and on the fourth (4th) side by a solid gate constructed of cedar, redwood, masonry or other compatible building material.
Section 405.175 "I2" Heavy Industrial District.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(32), 10-1-2003; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §14, 6-2-2010]
A.
Statement Of Intent. The intent of this district is to provide for locations with basic heavy manufacturing and primary industrial facilities and related industrial activities. Many of these industries characteristically store bulk quantities of raw or scrap materials for processing to semi-finished or finished products.
B.
Permissive Uses.
1.
Any permissive use or conditional use of the "I1" Light Industrial District.
[Ord. No. 16-032 §3, 5-9-2016]
2.
Acid manufacture.
3.
Aircraft and space vehicle manufacturing.
4.
Automobile, truck, motorcycle, and other motor vehicle and related equipment, manufacturing.
5.
Biological product manufacturing.
6.
Boat, barge, ship building, and repair service.
7.
Bottled gas storage facility.
8.
Chemical manufacturing.
9.
Clay refractory manufacturing.
10.
Coal mining.
11.
Construction, mining, and material handling machinery and equipment, manufacturing.
12.
Engine and turbine manufacturing.
13.
Extraction, quarrying or mining of sand, gravel, top soil, or other material.
14.
Farm machinery and equipment manufacturing.
15.
Gun, howitzer, and related equipment, not including ammunition manufacturing.
16.
Hot mix asphalt facility.
17.
Industrial machinery and equipment manufacturing.
18.
Lime product manufacturing.
19.
Manufactured home, modular home, and recreational vehicle manufacturing.
25.
Oilcloth, plastic fabric, and vinyl product manufacturing.
26.
Ornamental iron work manufacturing.
27.
Paint, varnish, lacquer, enamel, and allied product manufacturing.
28.
Rubber product, fabricated, manufacturing.
29.
Steel wire drawing, steel nail and spike, manufacturing.
30.
Structural metal product manufacturing.
31.
Tank (military) and tank component, manufacturing.
C.
Conditional Uses.
1.
Agricultural chemical and fertilizer manufacturing.
2.
Ammunition manufacturing and complete assembly of guided missiles.
3.
Automobile wrecking, car and part storage, and sales.
4.
Asphalt cement plant.
5.
Asphalt felt and coating manufacturing.
6.
Blast furnace, steel work, and the rolling of ferrous metal.
7.
Broadcast facility in excess of one hundred fifty (150) feet in height, provided that the distance from the center of the tower base to the nearest "A" (Agricultural) or "R" (Residential) District property line shall not be less than the height of the tower.
8.
Cement, lime, gypsum, or plaster of Paris manufacturing.
9.
Centralized yard waste composting facility, with conditions regulated in Part 4, Section 405.520, Development Standards for Certain Conditional Uses.
10.
Distillation, manufacture, or refining of bone, coal, or tar asphalt.
11.
Drawing, rolling, and extrusion of non-ferrous metal, manufacturing.
12.
Electric generating plant.
13.
Explosive devices or materials, manufacture or storage or year-round distribution or sale, at retail or wholesale.
14.
Fat, grease, lard, or tallow rendering or refining.
15.
Foundry, non-ferrous metal manufacturing.
16.
Gas production plants and storage.
17.
Gelatin and glue manufacturing.
18.
Grease and lubricating oil manufacturing.
20.
Meat packing manufacturing and stock yard.
21.
Petroleum refining and petroleum products terminal.
22.
Prison and correctional institution, privately operated.
23.
Reclamation of rubber.
24.
Recycling center, with conditions regulated in Part 4, Section 405.520, Development Standards for Certain Conditional Uses.
25.
Resource recovery facility, with conditions regulated in Part 4, Section 405.520, Development Standards for Certain Conditional Uses.
26.
Salvage yard.
27.
Smelting plant.
29.
Temporary fireworks stands.
D.
Height, Area And Lot Requirements.
1.
Maximum height. Sixty (60) feet.
2.
Minimum front yard. Thirty-five (35) feet.
3.
Minimum side yard. Zero (0) feet where a side yard adjoins a property within an "I" Industrial zoning district; or ten (10) feet.
[Ord. No. 18-010 § 5, 1-29-2018]
4.
Minimum rear yard. Zero (0) feet where a rear yard adjoins a property within an "I" Industrial zoning district; or fifteen (15) feet.
[Ord. No. 18-010 § 5, 1-29-2018]
5.
Minimum lot width. None.
6.
Minimum lot area. None.
G.
Solid Waste Disposal And Screening Regulations. All exterior solid waste containers and container racks and stands shall be screened on at least three (3) sides by a six (6) foot solid fence and on the fourth (4th) side by a solid gate constructed of cedar, redwood, masonry or other compatible building material.
Section 405.180 "SWD" Solid Waste Disposal District. [1]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 02-004 §3, 1-30-2002]
A.
Statement Of Intent. The intent of this district is to provide and regulate the use of land for the sanitary disposal of solid waste, as defined in the St. Charles County Solid Waste Management Code. This does not include the disposal of special wastes that require special handling (e.g., hazardous waste, medical waste, derelict automobiles, and dead animals). This district allows, with a conditional use permit, the establishment of sanitary landfills, demolition landfills, solid waste incineration facilities, trash transfer stations, material recovery facilities (MRF), and other facilities relating to regulated and safe disposal of solid waste.
1.
Sanitary landfill areas and solid waste incineration facilities shall, for the purpose of these regulations, be the use of land for the sanitary disposal of solid waste, as defined in the St. Charles County Solid Waste Management Code. This does not include the disposal of special wastes that require special handling (e.g., hazardous waste, radioactive waste, medical waste, derelict automobiles, and dead animals). Sanitary landfills, demolition landfills, solid waste incineration facilities, trash transfer stations, and materials recovery facilities (MRF) must meet the following minimum conditions:
a.
The facility must be operated within an enclosed building, except for sanitary and demolition landfills.
b.
The facility must be fenced to prevent the escape of materials from the waste stream and/or recyclable materials. A vector control plan must be in place, and regularly documented inspections must be made after the start of operations.
c.
The facility shall not accept hazardous waste of any type. For purposes of this regulation, "hazardous waste" shall be defined as any waste or combination of wastes, as determined by the Hazardous Waste Management Commission of the State of Missouri, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating irreversible, illness, or pose a present or potential threat to the health of humans or the environment.
d.
Recyclable material or recovered commodities stored outside the enclosed building must be contained or stored inside covered storage to prevent nuisance, hazard, or unsightly appearance.
e.
In the case of recycling centers and resource recovery facilities, the owner/operator of the facility will be required to submit to the County a monthly report summarizing the quantity and categories of recyclable material removed from the waste stream at the facility during the preceding month. The report must also identify the end-use markets and final destinations/disposition of all recovered commodities. Each monthly report will be due by the fifteenth (15th) of the following calendar month.
f.
A site development plan for the facility must be submitted and approved prior to the operation of the facility.
2.
The owner, lessee, tenant, or authorized representative of a tract of land subject to a rezoning map, designated as an SWD, shall submit with any application for rezoning a site development plan prepared by a registered engineer licensed by the State of Missouri. Such a site development plan shall include, but not be limited to, the following information:
a.
The existing and proposed final topography of the site at contour levels of two (2) feet or less.
b.
All land uses and zoning designations within a one-quarter (¼) mile of the site, including the location of all residences, buildings, individual waste treatment systems, wells, watercourses, springs, rock outcroppings, caves, sinkholes, and soil and rock borings.
c.
All electric, fiber optic cable, gas, water, sanitary sewer, storm sewer, and other utility easements or lines that are located on, over, or under the proposed disposal site as depicted in the site development plan.
d.
The internal system of all-weather roadways for accessibility of waste collection vehicles transporting solid waste to the landfill working face. The site must be served by a road system design capable of handling traffic to the site, including gross weight of the largest delivery vehicle. Both internal and external roads serving the landfill facility must be designed and constructed to withstand maximum weight bearing loads.
e.
Areas of anticipated earth materials excavation should be detailed on the site development plan.
f.
Provisions for controlling decomposition gases and mitigating migration hazards must be included with any structural plans.
g.
Trenches, conduits, and other stormwater improvements which will direct surface water and drainage runoff away from the working face of the sanitary landfill. On-site drainage structures and open channels should be designed for a minimum 20-year rainfall event.
h.
The geology and hydrology of the site shall be evaluated and characterized to enable effective monitoring and minimize operational impact on surface water and ground water resources.
i.
Characteristics of on-site soil conditions shall be evaluated with respect to intended operations. Profiles must be delineated sufficiently to define ground water aquifer impact zones and protective mechanism.
j.
Location and design details for leachate collection and treatment systems.
k.
The location of fencing and other devices to control blowing litter.
l.
The location of trees and shrubbery for windbreaking and related greenbelts to improve site aesthetics.
m.
The ground water elevation and the proposed separation between the lowest point of the lowest cell and the predicted maximum water table elevation.
n.
Location and design details of monitor wells and sampling stations.
o.
Intended sources of cover material(s) for daily, intermediate, and final covering operations.
p.
Design of landfill gas (LFG) control and disposition infrastructure and equipment.
q.
Indicate on the plan the owner(s) of the property, and the name of the operator of the proposed landfill. Documentation of property ownership, including legal title, chain record, and operator of record (including corporative structures).
r.
Site location map, with plan scale.
s.
Clearly defined property boundary limits and waste boundary delineation.
t.
Specifications on pavement radii and facility ingress/egress.
u.
Depiction of right-of-way for all roads accessing the site.
v.
Description of vehicle mud control provisions, including shaker bar or truck washing devices.
w.
Any additional information required by local, State, or Federal Statutes, regulations, operating permit conditions, or other relevant regulatory agency standards.
3.
The County Planning and Zoning Commission shall approve or deny the application(s) and the site development plan by majority vote and report such action to the Governing Body. The Governing Body shall then approve or disapprove the application for rezoning, the conditional use permit, and the site development plan. In the case of an adverse report by the Planning and Zoning Commission, such change may not be passed, except by the favorable vote of five (5) of the seven (7) members of the County Council.
4.
After a property has been rezoned to a Solid Waste Disposal District by the Governing Body, the owner, lessee, tenant, or their authorized representative(s) shall obtain a permit from the Missouri Department of Natural Resources to operate a solid waste processing facility or solid waste disposal area, in accordance with provisions of Sections 260.200 to 260.300, RSMo.
5.
The use of land as a sanitary landfill in a Solid Waste Disposal District shall not be subject to an amendment to the Zoning District Map for a stabilization period of fifteen (15) years after the sanitary landfill has been completed or commencing at the termination of the license to operate a refuse disposal area. After a ten (10) year period, the owner, lessee, tenant, or their authorized representative(s) of a tract of land in a Solid Waste Disposal District, shall engage a registered professional engineer licensed by the State of Missouri to inspect the site and conduct suitable testing site to determine stabilization and level of compliance with applicable closure/post-closure provisions. The results of such examination shall be submitted for review by the Missouri Department of Natural Resources, the Division of Planning and Zoning, and the Community Health and the Environment Department. Upon receipt of site approval, the owner, lessee, tenant, or their authorized representative(s) of the tract of land in the Solid Waste Disposal District may request a waiver of the fifteen (15) year stabilization period by application to the Planning and Zoning Commission. In all Solid Waste Disposal Districts, the minimum closed site stabilization period shall be ten (10) years for a permitted sanitary landfill.
6.
The Governing Body shall require a bond or other surety to ensure a continued maintenance program during the stabilization period. The maintenance program shall include ongoing collection and treatment of leachate and landfill gas (LFG) control, as well as inspection for and continuing control of rodents, vegetation control of filled areas, and other obligations to prevent possible nuisances, public health hazards, or environmental impacts. The amount and type of the bond or surety shall be determined by the Governing Body after consultation with the County Counselor and other County Officials.
7.
Up to a three hundred (300) foot buffer strip may be required on any side of the proposed landfill site at the discretion of the Planning and Zoning Commission and the Governing Body. Visual screening within the buffer by fencing, trees, shrubbery, or other appropriate aesthetic control features may also be required.
8.
All solid waste incineration facilities must be bound by a minimum thirty (30) foot landscaped buffer and an eight (8) foot sight-proof fenced buffer.
Section 405.185 Statement of Intent.
[Ord. No. 99-99 §1, 7-12-1999]
The general purpose of this Article of the Unified Development Ordinance is to permit greater flexibility and more creative and imaginative design for the development of mixed land uses that is generally possible under conventional zoning regulations. This district is intended to promote a more economical and efficient use of land, to provide a harmonious variety of housing choices, to provide greater flexibility in the placement of buildings, to preserve the natural scenic qualities of open space, and to utilize the best potentials for site development relating to such features as topography, geography, and the size and shape of properties.
Section 405.190 Statement of Objectives.
Section 405.195 Permitted Uses. [1]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(33), 10-1-2003; Ord. No. 05-015 §1, 2-1-2005; Ord. No. 06-002 §1, 1-10-2006]
All permitted uses, accessory uses, conditional uses, and on-premises signs of the following districts are permitted in accordance with their respective district requirements and subject to the provision for the review standards of development and approval by the Planning and Zoning Commission and County Council:
"PUD" Overlay District Designated in District | Uses Permitted by the Following Districts |
|---|---|
"RR", "R1A", "R1B", "R1C", "R1D", "R1E", "A" only those approved prior to the enactment of this UDO (August 23, 1999) | "RR", "R1A", "R1B", "R1C", "R1D", "R1E", "R2", "R3A", "R3B", "CO", "C1" |
"R2" | "R1A", "R1B", "R1C", "R1D", "R1E", "R2", "R3A", "R3B", "CO", "C1" |
"R3A", "R3B" | "R1A", "R1B", "R1C", "R1D", "R1E", "R2", "R3A", "R3B", "CO", "C1" |
"CO", "C1" | "CO", "C1", "C2" |
"C2" | "CO", "C1", "C2", "I1" |
"I1" | "R3A", "R3B", "CO", "C1", "C2", "I1" |
"I2" | "CO", "C1", "C2", "I1", "I2" |
All uses permitted, as listed above, shall comply with the procedures and standards of each respective district, and of this Article of the Unified Development Ordinance. Any conflicts between the respective zoning district regulations and the regulations of this Article, and the regulations, standards, and procedures of the Planned Unit Development "PUD" Overlay District Article, shall prevail. | |
[1]
Editor's Note—In ord. no. 10-041 §2, District "C3" was repealed, the references to said district were editorially removed after conferring with the county.
Section 405.200 Design Standards. [1]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(34), 10-1-2003; Ord. No. 10-041 §15, 6-2-2010]
A.
For all zoning districts, the minimum area required will be ten (10) acres for establishing a "PUD" Overlay District in each of the respective zoning designations.
B.
In calculating the minimum area for a "PUD" Overlay District, the measurements shall not include any existing dedicated streets, roads, or detention basins.
C.
A minimum of fifteen percent (15%) of the total project area must be dedicated as open space. All areas within the floodway must be platted as common ground. Pre-developed slopes of five (5) horizontal to one (1) vertical or more shall remain undisturbed and platted as common ground or subject to enforceable non-disturbance restrictions shown on and approved with the Preliminary Plat pursuant to Section 405.223. The Director of the Division of Planning and Zoning may waive the common ground and non-disturbance restrictions requirement for slopes between five (5) horizontal to one (1) vertical and two (2) horizontal to one (1) vertical (50%), if a geotechnical report conforming to the requirements of Section 40.60 of the St. Charles County Highway Department Design Criteria for the Preparation of Improvement Plans as issued in February, 2002, or as amended thereafter, is submitted and approved along with the improvement plans required by Section 405.235. The decision of the Director of the Division of Planning and Zoning may be appealable by the applicant to the County Council.
[Ord. No. 19-024, 4-8-2019]
[1]
Editor's Note—For designation of the division of planning and zoning, see ord. no. 03-195 adopted 12-31-2003.
Section 405.205 Project Area Densities.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 05-015 §1, 2-1-2005; Ord. No. 10-041 §16, 6-2-2010]
A.
For purposes of this Subsection (or other designation), "projected area" means the total area of the "PUD" Overlay District, less the area to be dedicated, for street right-of-way and detention basins.
B.
To enhance the attractiveness of developing under PUD regulations, the applicant may be eligible for a maximum increase of twenty-five percent (25%) in the total number of dwelling units to be developed under a rezoning to a "PUD" Overlay District. Percentage increases in the number of dwelling units are to be applied individually and treated as additive, and not compounded. Such percentage increases in density may be recommended by the Planning and Zoning Commission and approved by the Governing Body, according to the following:
Maximum Percentage Increase | Design Element |
|---|---|
2% | Provision of pedestrian ways and bicycle paths beyond conventional sidewalk requirements, as required in Chapter 410 of this Title. |
2% | Provision of tree and shrub planting, including peripheral and interior screening, fences, the landscaping of parking lots, and the use of existing trees in the plan. |
2% | Building site designs and placements which advance the conservation of natural terrain, and minimize future water runoff and erosion problems. |
3% | Recreational facilities, not to exceed one percent (1%) for each: swimming pool, tennis court, community center, or clubhouse building. |
3% | At least twenty-five percent (25%) of the projected area is to be devoted to improved usable open space. |
3% | The dedication of a minimum of five percent (5%) of the net development area to be utilized as a school site, a park, or a site for public building. |
10% | Provision of mixed income housing, upon a showing by the applicant and a finding by the Governing Body that the proposed planned unit development serves the public interest in the provision of mixed income housing. |
The net development area (dwelling units) which may be constructed within a "PUD" Overlay District shall be determined by dividing the project area by the required lot area by dwelling unit, which is required by the zoning district in which the PUD is located, or as modified in the Project Area Densities Subsection. Notwithstanding any other provision of the UDO to the contrary, property zoned or used commercially shall not be used to calculate allowable density in residential areas of the PUD. | |
Section 405.210 Maintenance, Management And The Use Of Common Ground In A "PUD".
A.
In a "PUD" Overlay District, all land not: (1) subdivided into lots or used as the building site for multi-family dwellings, (2) used for existing public or private roads, streets, privately maintained off-street parking facilities, (3) used for existing drainage and utility easements, (4) used for potential or existing school sites, (5) used for existing retention or detention basins, and drainage canals, or (6) used for existing recreational facilities, shall be deemed "common ground" and have ownership vested with a non-profit property owners' association. The association shall maintain the common ground and any buildings, recreational facilities, detention and retention basins, sidewalks, or private streets constructed upon it under the approved plans for the PUD. The homeowners' association shall levy assessments among all owners of lots and all owners of condominiums for the purpose of raising funds to:
1.
Maintain the common ground, recreational facilities, retention and detention facilities, etc.
2.
Pay real estate taxes assessed on the common ground.
3.
Pay for any insurance premiums on the common ground.
4.
Pay for any improvements which the homeowners' association deems necessary or desirable for the common ground and all buildings and facilities upon it.
[1]
Editor's Note: Ord. No. 19-024 also changed the title of this Section from "Maintenance, Management and The Use of Open Space in A "PUD" to "Maintenance, Management And The Use Of Common Ground In A "PUD"."
Section 405.215 Review Standards For Development. [1]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(35), 10-1-2003; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007]
A.
The County Planning and Zoning Commission shall review the proposed PUD for conformity with the adopted Master Plan for unincorporated St. Charles County, and recognized principles for architecture, design, and site planning. The Planning and Zoning Commission may vary the height, area and lot requirements of the zoning district in which the development is located. However, no deck or enclosed room addition may extend closer than fifteen (15) feet to the rear property line within a "PUD" Overlay District. It will be the responsibility of the Planning and Zoning Commission to ensure an appropriate relationship between the uses of high intensity and height within the "PUD" Overlay District and the uses of low intensity or height, existing or future, outside the proposed "PUD" Overlay District. The Planning and Zoning Commission may also require compliance with the respective district regulations for minimum lot sizes, yard setbacks, and maximum heights inside of and near the boundaries of the "PUD" Overlay District.
B.
The planning staff of the County Division of Planning and Zoning shall present a written report to the Planning and Zoning Commission and the Governing Body on the proposed "PUD", and the report shall comment specifically on the following:
1.
General compliance with the Master Plan for unincorporated St. Charles County.
3.
The adequacy of proposed facilities serving the development, including sanitary sewers, water supply and distribution, and recreational areas.
4.
The general layout of the internal street system serving the proposed development and its relationship to the existing transportation system.
5.
The relationship of land uses within the PUD to each other, and the relationship of the land uses within the PUD with surrounding external land uses, both present and future.
6.
Compliance with the requirements of this Article and Section 405.523 of the Unified Development Ordinance regarding the concept plan, and relating to land uses and housing density, including reasons for increased density if such a recommendation is made.
[Ord. No. 17-008 § 2, 1-30-2017]
Section 405.220 Procedure For Review of Planned Unit Developments - Initial Approval. [1]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 05-015 §1, 2-1-2005; Ord. No. 07-040 §1, 3-13-2007]
A.
Applications for any Planned Unit Development (PUD) Overlay District shall be made to the Planning and Zoning Commission for the rezoning of the property.
1.
The applicant for a "PUD" Overlay District shall first meet with the planning staff of the Division of Planning and Zoning and other County departments invited by the planning staff for a preliminary review of the proposed development, and to become familiar with all the requirements of this Article of the Unified Development Ordinance, Chapter 410, and the district applied for.
2.
The applicant for a "PUD" Overlay District shall then prepare and submit to the Division of Planning and Zoning for its inspection and review a rezoning application for the entire area to be rezoned which shall include one (1) digital copy plus six (6) folded copies of a concept plan as set forth in Section 405.523 and other appropriate information required by the Division of Planning and Zoning.
[Ord. No. 17-008 § 3, 1-30-2017]
3.
A development schedule shall be indicated on the concept plan submitted to the Planning and Zoning Commission indicating the approximate stages in which the development project will be built.
4.
The application for rezoning to a "PUD" Overlay District shall be set for hearing before the Planning and Zoning Commission not later than sixty (60) days from the date of filing the same. Procedures for the public hearing shall conform to those set out in Part 5, Section 405.535. After the final hearing of the application for rezoning, the County Planning and Zoning Commission shall approve or deny the same by majority vote and report such action, together with a recommendation for final approval or denial,[2] to the Governing Body. The Governing Body shall then approve or disapprove the application for rezoning for the "PUD" Overlay District. In the case of an adverse report by the County Planning and Zoning Commission, such change may not be passed, except by the favorable vote of five (5) of the seven (7) members of the County Council. Approval under this Section shall authorize the applicant to seek further and final approvals of "PUD" rezoning as provided below in Sections 405.223 and 405.225 of this Article.
[2]
Note—The words "shall be made" were contained in the original ordinance and editorially removed due to duplicative language after conferring with the county.
Section 405.223 Procedure For Review of Planned Unit Developments - Preliminary Plat and Final Development Plan.
[Ord. No. 05-015 §1, 2-1-2005; Ord. No. 07-040 §1, 3-13-2007]
A.
The developer of a "PUD" Overlay District shall prepare and submit twenty-five (25) folded copies of a preliminary plat and final development plan, for the entire area of the "PUD" Overlay District, to the Division of Planning and Zoning no later than one (1) year after zoning approval by the Governing Body. The preliminary plat and final development plan may be provided in one (1) document. The review fee for the preliminary plat and final development plan may be provided in one (1) document. The review fee for the preliminary plat and final development plan shall be the same as for preliminary plats, as indicated in Chapter 410. Information on the preliminary plat and final development plan shall include, but not be limited to, the following:
1.
Proposed name of the development.
2.
Name(s) of the owner(s) of the property and the developer and the name of the professional engineer or surveyor responsible for the plat.
3.
North point, a scale of one (1) inch equal two hundred (200) feet or larger and the date of survey.
4.
Exact acreage of tract.
5.
A statement to the effect that "this plat is not for record" shall be stamped or printed on all copies of the preliminary development plat.
6.
Location of boundary lines and their relation to established section lines, fractional section lines or survey lines.
7.
Physical features of the property, including bodies of water, watercourses, ravines, floodplain areas, floodways, culverts, bridges, present structures and other features important to lot and street layout.
8.
Topography of tract with contours at two (2) feet or at five (5) feet intervals.
9.
Existing easements: location, width and purpose.
10.
Names of any adjacent subdivisions and/or property lines around the perimeter within one hundred (100) feet showing any existing streets, roads, highways, structures, etc.
11.
Location and width of existing and proposed streets, roads, lots (approximate dimensions), building lines, easements, common ground and open space, structures and other features of the proposed development.
12.
Approximate gradients of streets.
13.
Designation of type of land use: single-family residential, multi-family residential, commercial, industrial or public.
14.
Zoning on and adjacent to the development tract.
15.
Designation of utilities to serve the proposed development, water service, sanitary sewers, electric, gas, telephone, etc.
16.
Location, existing or proposed, of fire hydrants.
17.
Off-street parking areas, parking drives and aisles, if applicable.
18.
All other information or data as may be required by the Land Subdivision Regulations, Division of Planning and Zoning or the County Planning and Zoning Commission.
B.
Notification. After receiving a preliminary plat and final development plan, the Division of Planning and Zoning will give notice by U.S. Mail to the adjacent property owners. Notice shall be given to the adjacent property owners at least fifteen (15) days prior to the Planning and Zoning Commission meeting at which the preliminary plat and final development plan will be presented.
[Ord. No. 17-008 § 4, 1-30-2017]
C.
Approval By The Planning And Zoning Commission And Governing Body. No preliminary plat and final development plan shall be deemed approved unless and until it is acted upon favorably by the Planning and Zoning Commission and the Governing Body. After the presentation of applicant's preliminary plat and final development plan, the Planning and Zoning Commission shall recommend either approval or denial or amendment of the preliminary plat and final development plan by majority vote and report such action, together with a recommendation for approval or denial or amendment, to the Governing Body. Upon receipt of the Planning and Zoning Commission's report and recommendation, the Governing Body may approve, deny or amend the preliminary plat and final development plan. If, however such preliminary plat and final development plan is not recommended for approval by the Planning and Zoning Commission, or the Council or Board of Trustees of any municipality files with the St. Charles County Registrar a certified copy of a resolution of such Council or Board protesting against the action of the Planning and Zoning Commission recommending approval of any such preliminary plat and final development plan for any land lying within one and one-half (1 1/2) miles of the limits of the incorporated area of such municipality, or as prescribed by the State Statutes, such approval shall be deemed overruled, and such preliminary plat and final development plan must then be approved by an ordinance with approval of five (5) members of the County Council, and the reasons for the approval or failure to approve such preliminary plat and final development plan shall be spread upon the records of the County Council.
[Ord. No. 17-008 § 4, 1-30-2017]
Section 405.225 Procedure For Review of Planned Unit Developments - Final Plat. [1]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 05-015 §1, 2-1-2005; Ord. No. 07-040 §1, 3-13-2007]
A.
Within two (2) years of the approval of the preliminary plat, the applicant will then submit fifteen (15) folded copies of a final plat for the "PUD" to the Planning and Zoning Division for their review and approval. The procedures, policies and requirements that must be followed for final plat approval are those embodied in the Land Subdivision Regulations for St. Charles County, Missouri. No subdivision plat shall be filed for record or recorded in the office of the Recorder of Deeds for St. Charles County, Missouri, unless and until the approval of the Secretary or Chairperson of the Planning and Zoning Commission and the County Executive or Director of the Division of Planning and Zoning are endorsed thereon, and until a performance guarantee has been posted or the public improvements have been constructed to County standards.
B.
No lot shall be sold for such subdivision plat until it has been reviewed and approved, as provided above, and filed for record in the office of the Recorder of Deeds of St. Charles County, Missouri. No building permit, including for display purposes, will be issued until the preliminary plat and sediment and erosion control plans are approved. Further, no dwelling unit may be occupied until the public or private improvements are complete, unless a performance guarantee has been posted for the completion of said improvements.
Section 405.230 Adjustments and Changes.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(36), 10-1-2003; Ord. No. 05-015 §1, 2-1-2005; Ord. No. 07-040 §1, 3-13-2007]
A.
After the final development plan and final plat of the PUD have been approved, and when, in the course of carrying out this plan and plat, major adjustments or rearrangements of streets, buildings, setback lines, parking areas, entrances, heights, common ground, etc., are requested by the applicant (and such requests generally conform to both the preliminary plat and final development plan), such major adjustments may be approved by the Governing Body after receiving recommendations from the Planning and Zoning Commission. Minor changes may be made upon approval in writing by the Director of Community Development or his/her designee.
B.
After the plan and plat have been carried out such that improvements have been built and approved, and such that lots have been sold or are being sold, minor changes may be approved by the Director of Community Development or his/her designee, as provided in this Subsection.
1.
For the purposes of this Subsection, minor changes include modifications of side and rear setbacks, parking, landscaping and other minor improvements designated on final development plans or final plats.
2.
Applications for minor changes shall be made by letter to the Director of Community Development or his/her designee with a site sketch where appropriate.
3.
Applications for minor changes may be made only by owners of the property to be affected by the proposed change.
4.
The applicant shall submit to the Director of Community Development proof of notice of the application to all owners within two hundred (200) feet of the subject property and the homeowner's association if in existence. Notice shall include a copy of the application and a request for submission of written comments within thirty (30) days of the date of the notice to the Director of Community Development.
5.
Upon receipt of written comments the Director of Community Development or his/her designee may approve the application upon finding that it generally conforms to the preliminary plat and final development plan/plat. Such approvals shall be in writing with a copy sent to applicant and all recipients of notification as set out in Subsection (B)(4) above.
Section 405.235 Improvement Plans and Installations.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(37), 10-1-2003; Ord. No. 05-148 §8, 10-25-2005; Ord. No. 06-041 §2, 3-28-2006; Ord. No. 10-041 §17, 6-2-2010]
Before the actual recording of a final plat for a "PUD", the applicant must have submitted and obtained approval of improvement plans for the "PUD". The applicant will also have to have installed said improvements in accordance with approved improvement plans, preliminary plat and final development plan, or in lieu of installation of said improvements, a County approved performance guarantee required by Chapter 410 must be submitted. Installation of said improvements is also subject to the requirements of Chapter 412, as applicable.
Section 405.240 Review of Abandoned Projects.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 05-015 §1, 2-1-2005; Ord. No. 07-040 §1, 3-13-2007]
The preliminary plat and final development plan must be submitted within one (1) year of zoning approval by the Governing Body and the final plat must be submitted within the time frames established in Section 410.140 paragraph 1. An extension of time may be requested in writing by the developer for approval by the Director of Community Development. The Governing Body may remove the PUD Overlay classification without further hearing if the preliminary plat or final development plan expire.
Section 405.245 Statement of Intent.
[Ord. No. 99-99 §1, §1, 7-12-1999; Ord. No. 10-041 §18, 6-2-2010]
A.
It is the purpose of this Article to promote the public health, safety and general welfare; to minimize losses from periodic flooding; to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22 (a)(3); and to meet the requirements of 44 CFR 60.3 (d) by applying the provisions of this Article to:
1.
Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities.
2.
Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of the initial construction.
3.
Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard.
Section 405.250 Flood Losses Resulting From Periodic Inundation.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 10-041 §19, 6-2-2010]
The special flood hazard areas of St. Charles County, Missouri, are subject to inundation, which results in the loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect public health, safety, and general welfare.
Section 405.255 General Causes of The Flood Losses.
[Ord. No. 99-99 §1, 7-12-1999]
A.
Flood losses are caused by:
Section 405.260 Methods Used To Analyze Flood Hazards.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(38), 10-1-2003; Ord. No. 10-041 §20, 6-2-2010]
A.
This Article of the Unified Development Ordinance uses a reasonable method of analyzing flood hazards, which consist of a series of interrelated steps.
1.
Selection of regulatory flood which is based upon engineering calculations that permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The regulatory flood selected for this Article of the Unified Development Ordinance is representative of large floods which are reasonably characteristic of what can be expected to occur on the streams subject to these regulations. It is in the general order of a flood which can be expected to have a one percent (1%) chance of occurrence in any one (1) year, as delineated on the Federal Emergency Management Agency's Flood Insurance Study, Flood Insurance Rate Maps, and illustrative materials dated March 9, 2021, as amended hereafter.
[Ord. No. 21-008, 1-25-2021]
2.
Calculation of water surface profile based on a hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.
3.
Computation of the floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.
4.
Delineation of floodway encroachment lines within which no obstruction is permitted which would cause any increase in flood height.
5.
Delineation of floodway fringe (i.e., that are outside the floodway encroachment lines), but which still is subject to inundation by the regulatory flood.
6.
Delineation of density floodway (i.e., the area outside the floodway encroachment lines which is not included in the Floodway Fringe Overlay District, but which still is subject to inundation by the regulatory flood).
Section 405.265 Statement of Purpose.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 10-041 §21, 6-2-2010]
A.
It is the purpose of this Unified Development Ordinance Article to promote public health, safety, and general welfare, and to minimize those losses described in Part 1, Sections 405.025 through 405.030, Chapter 405 and Part 1, Sections 405.010, 405.015 and 405.077, Chapter 405 by applying the provisions of this Unified Development Ordinance Article to:
1.
Restrict or prohibit uses which are dangerous to public health, safety, or property in times of flooding, or cause undue increases in flood heights or velocities.
2.
Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction.
3.
Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard.
4.
Ensure that eligibility is maintained for property owners in the County to purchase flood insurance in the National Flood Insurance Program.
Section 405.270 Adoption of The Flood Insurance Rate Maps, The Floodway Maps and The Density Floodway Maps.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(39), 10-1-2003; Ord. No. 10-041 §22, 6-2-2010; Ord. No. 15-104 §2, 10-26-2015; Ord. No. 21-008, 1-25-2021]
St. Charles County has adopted the Flood Insurance Rate Map, the Floodway, the Density Floodway Map, and the Flood Insurance Study dated March 9, 2021, as amended hereafter, provided by the Federal Emergency Management Agency.
Section 405.275 Lands To Which This Article of The Unified Development Ordinance Applies. [1]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(40), 10-1-2003; Ord. No. 15-104 §3, 10-26-2015; Ord. No. 21-008, 1-25-2021]
The "FW", "FF", and "DF" Districts apply to all lands within the jurisdiction of unincorporated St. Charles County identified on the Flood Insurance Rate Map (FIRM) for St. Charles County on Index Panel 29183CIND0C, dated March 9, 2021, as amended hereafter, as numbered and unnumbered A Zones (including AE Zones) and within the Zoning Districts "FW", "FF", and "DF", established in Establishment of Zoning Districts of this Unified Development Ordinance Article. In all areas covered by these overlay zoning districts, no development shall be permitted except upon a floodplain development permit issued by the Division of Planning and Zoning under such safeguards and restrictions as St. Charles County may reasonably impose for the promotion and maintenance of the general welfare, safety, and health of the inhabitants of unincorporated St. Charles County.
Section 405.280 Enforcement Officer. [1]
[Ord. No. 99-99 §1, 7-12-1999]
The Director of the Division of Planning and Zoning of the County is hereby designated as the Governing Body's duly designated Enforcement Officer under this Unified Development Ordinance Article.
Section 405.285 Land Uses Permitted.
[Ord. No. 99-99 §1, 7-12-1999]
Any uses permitted by the underlying zoning districts shall be permitted in the "FW", "FF", and "DF" Districts upon meeting all of the conditions, regulations, and requirements prescribed in this Article of the Unified Development Ordinance.
Section 405.290 Rules For Interpretation of District Boundaries. [1]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 10-041 §23, 6-2-2010]
The boundaries of the Floodway, Floodway Fringe, and Density Floodway Overlay Districts shall be determined by scaling distances on the official County zoning map, parcel maps provided by the County Assessor's office, or other in-house map products. Where interpretation is needed as to the exact location of the boundaries of the districts, as shown on the official zoning maps of the Floodway and Floodway Fringe Overlay Districts (where there appears to be a conflict between a mapped boundary and actual field conditions), the Division of Planning and Zoning shall make the necessary interpretation based upon all available technical evidence.
Section 405.295 Compliance.
[Ord. No. 99-99 §1, 7-12-1999]
No development located within known flood hazard areas of unincorporated St. Charles County shall be located, extended, converted, or structurally altered without full compliance with the terms of this Article of the Unified Development Ordinance and all other applicable regulations.
Section 405.300 Abrogation and Greater Restrictions.
[Ord. No. 99-99 §1, 7-12-1999]
It is not intended by this Unified Development Ordinance Article to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Unified Development Ordinance Article imposes greater restrictions, the provision of this Unified Development Ordinance Article shall prevail. All other Unified Development Ordinance Sections inconsistent with this Unified Development Ordinance Article are hereby repealed to the extent of the inconsistency only.
Section 405.305 Warning and Disclaimer of Liability.
[Ord. No. 99-99 §1, 7-12-1999]
The degree of flood protection required by this Article of the Unified Development Ordinance is considered reasonable for regulatory purposes and is based upon engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by man-made or natural causes, such as ice jams or bridge openings restricted by debris. This Article of the Unified Development Ordinance does not imply that areas outside of floodway, floodway fringe, and density floodway overlay district boundaries or land uses permitted within such districts will be free from flooding or flood damages. This Article of the Unified Development Ordinance will not create liability on the part of St. Charles County or any officer or employee thereof for any flood damages that may result from the reliance on this Article of the Unified Development Ordinance of any administrative decision lawfully made thereof.
Section 405.310 Severability.
[Ord. No. 99-99 §1, 7-12-1999]
If any Section, clause, provision, or portion of this Unified Development Ordinance Article is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Unified Development Ordinance Article shall not be affected thereby.
Section 405.315 Appeal. [1]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 10-041 §24, 6-2-2010]
When a request for a floodplain development permit to develop in a flood hazard area is denied by the Division of Planning and Zoning, the applicant may apply for a variance from the regulations and requirements of this Article directly to the Board of Zoning Adjustment. The Board of Zoning Adjustment shall grant or deny such request for variance within forty-five (45) days of the public hearing.
Section 405.320 Administration. [1]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(41), 10-1-2003; Ord. No. 10-041 §25, 6-2-2010]
A.
The Director of the Division of Planning and Zoning shall be the official appointed to administer and implement the provisions relating to Floodway, Floodway Fringe, and Density Floodway Overlay Districts.
B.
The duties of the Director of the Division of Planning and Zoning under this Article of the Unified Development Ordinance shall include, but not be limited to:
1.
Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If the proposed building site is in a flood-prone area, all new construction and substantial improvements shall:
a.
Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
b.
Be constructed of materials resistant to flood damage;
c.
Be constructed by methods and practices that minimize flood damage; and
d.
Be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities permanently elevated to a minimum of one (1) foot above base flood elevation.
2.
Review proposed development to assure that all necessary permits have been received from those governmental agencies from which prior approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
3.
Notify, in riverine situations, adjacent communities and the State Emergency Management Agency and require the submittal of a map revision to the Federal Emergency Management Agency (FEMA) prior to any alteration or relocation of a watercourse, and submit copies of evidence of such notifications to FEMA.
4.
Ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained by method of hydrologic analysis.
5.
Obtain and maintain a record of the elevation (in relation to mean sea level) of the lowest floor, including crawl spaces and enclosed areas below the first finished floor, and lowest floor of all new and substantially improved structures.
6.
Obtain, if a non-residential structure has been dry-floodproofed in accordance with attendant utility and sanitary facilities, and maintain a design such that below one (1) foot above the base flood level the structure is watertight, with the walls substantially impermeable to the passage of water, and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, the elevation (in relation to mean sea level) to which the structure was floodproofed.
7.
When dry-floodproofing is utilized for a non-residential structure, the Director of the Division of Planning and Zoning shall be presented certification from a registered professional engineer that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable Sections of this Chapter or Chapter 410. A record of such certificates, which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by the Director of the Division of Planning and Zoning.
8.
Review and approve requests for administrative variance for accessory and agricultural structures. All requests for administrative variances must meet the standards set forth within Section 405.375 (E) and (F) of this Article, and may be subject to review by the Board of Zoning Adjustment as defined within Section 405.375.
Section 405.325 Floodplain Development Permit.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 08-133 §1, 11-25-2008]
No person, firm or corporation shall initiate any development not exempt under Section 412.050(A)(8), substantial improvement, or regrading of a property used for non-agricultural purposes, or cause the same to be done in a designated flood hazard area, without first obtaining a separate floodplain development permit for each improvement on the property.
Section 405.330 Application For A Floodplain Development Permit. [1]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 01-111 §1, 9-26-2001; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §26, 6-2-2010]
A.
To obtain a floodplain development permit, the applicant must apply for such a floodplain development permit with the County Division of Planning and Zoning. A floodplain development permit must be signed by the applicant on the form furnished. For the purpose of investigating an application for a floodplain development permit and monitoring compliance with it, an applicant authorizes the Community Development Department's staff, or staff of other agencies at the Department's direction, to enter and inspect the subject property while work authorized by that permit is in progress. This authority shall cease upon completion of that work and closure of the permit. Every such floodplain development permit shall:
1.
Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed structure or work.
2.
Identify and describe the work to be covered by the floodplain development permit.
3.
Indicate the use or occupancy for which the proposed work is intended.
4.
Indicate the current market value of the structure. For the purposes of this Section, the current market value of the structure shall be determined by the St. Charles County Assessor, adjusted to approximate market value, or a State-licensed appraiser, at the option of the landowner.
[Ord. No. 18-014 § 1, 1-29-2018]
5.
Specify whether development is located in designated flood fringe or floodway.
6.
Identify the existing base flood elevation and the elevation of the proposed development, including without limitation, the crawl space or basement, heating, cooling or other mechanical components, and garage, of all structures or areas to be filled on the property.
7.
Give such other information as reasonably may be required by the Director of the Division of Planning and Zoning.
8.
Be accompanied by plans and specifications for proposed construction, fill area, or grading.
9.
Be signed by the property owner or his/her authorized agent who may be required to submit evidence to indicate such authority.
10.
Be issued by the Director of the Division of Planning and Zoning or his or her designee.
11.
Be accompanied by a fee as set by ordinance. The fee is not applicable for any reissue of a Floodplain Development Permit for a structure within a consecutive twelve (12) month period. If a Letter of Map Revision (LOMR) is required, the applicant shall submit publication fees for community notification.
12.
Be valid for the same period as the Building Permit. In the event there is no Building Permit, the Floodplain Development Permit will be in effect for two (2) years from the date of issuance.
Section 405.335 Substantial Damage/Improvement. [1]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 10-041 §27, 6-2-2010]
A.
The following items shall be included in the determination of substantial damage/improvement except as provided in Subsection (C) below: spread or continuous foundation footing and pilings; monolithic or other types of concrete slabs; bearing walls, tie beams and trusses; wood or reinforced concrete decking or roofing; floors and ceilings; attached decks and porches; interior partition walls; exterior wall finishes (e.g., brick, stucco, or siding), including painting and decorative moldings; windows and doors; reshingling or retiling a roof; hardware; tiling, linoleum, stone, or carpet over subflooring; bathroom tiling and fixtures; wall finishes (e.g., drywall, painting, stucco, plaster, paneling, marble, or other decorative finishes); kitchen, utility, and bathroom cabinets; built-in bookcases, cabinets, and furniture; hardware; HVAC equipment; repair or reconstruction of plumbing and electrical services; light fixtures and ceiling fans; security systems; built-in kitchen appliances; central vacuum systems; water filtration, conditioners, or recirculation systems; and overhead and profit.
B.
The following items shall be excluded in the determination of substantial damage/improvement: plans and specifications; survey costs; permit fees; debris removal (e.g., removal of debris from building or lot dumpster rental, transport fees to landfill, and landfill tipping fees) and cleanup (e.g., dirt and mud removal, building dry-out, etc.); items not considered real property, such as: throw rugs (carpeting over finished floors), furniture, refrigerators, freestanding stoves, etc.; landscaping, sidewalks; fences; yard lights; swimming pools; screened pool enclosures; sheds; gazebos; detached structures (including garages); and landscape irrigation systems.
C.
Determinations of substantial improvement under this Section shall be made only for improvements for which applicable codes enacted in Title V, Ordinances of St. Charles County, Missouri, require building permits.
D.
All applications for floodplain development permits for improvements to existing structures shall require a substantial damage/improvement review.
Section 405.340 Cumulative Improvement/ Substantial Damage. [1]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §28, 6-2-2010]
A.
A structure may be improved (remodeled, repaired or enlarged) without conforming to current requirements for elevation, as long as the cumulative value of all work done within a consecutive five-year period does not exceed fifty percent (50%) of the current market value of the structure. Permits for incremental improvements, additions and repairs shall be tracked by the Division of Planning and Zoning beginning January 1, 2005.
[Ord. No. 18-014 § 2, 1-29-2018]
B.
If the cumulative value of the improvements exceeds fifty percent (50%) of the current market value of the structure, the structure must be brought into compliance with Subsection (C) of Section 405.350 of this Article, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District, and the Density Floodway Overlay District, which requires elevation of residential structures to one (1) foot above the base flood elevation or the elevation/dry-floodproofing of non-residential structures to or above the base flood elevation.
[Ord. No. 18-014 § 1, 1-29-2018]
C.
In any case, however, the structure's owner may apply to the Director of Planning and Zoning for a determination that the structure is a "repetitive loss structure" as defined at Section III-D-3-a-(1) of the National Flood Insurance program's authorized forms for flood insurance, 44 C.F.R. Part 61, Appendices A(1), (2) and (3). The structure's owner shall make that application on a form provided by the Director and the Director shall make that determination in writing, based on information supplied by the structure's owner as well as information and records relating to the structure retained by the Division of Planning and Zoning, and shall serve that determination upon the structure's owner.
Section 405.345 Establishment of The Floodway, Floodway Fringe and Density Floodway Overlay Districts.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 07-040 §1, 3-13-2007]
A.
The mapped floodplain areas within the jurisdiction of this Article of the Unified Development Ordinance are hereby divided into the three (3) following districts:
B.
Within these districts, all uses not meeting the standards of this Article of the Unified Development Ordinance and those standards of the underlying zoning district are prohibited. These zones shall be consistent with the A Zones (including AE Zone), as identified on the official FIRM and identified in the Flood Insurance Study provided by the Federal Emergency Management Agency.
Section 405.350 Standards For The Floodway Overlay District, The Floodway Fringe Overlay District and The Density Floodway Overlay District. [1]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §29, 6-2-2010]
A.
No floodplain development permit shall be granted for new construction, substantial improvement, and other improvements including the placement of manufactured homes, modular homes, and mobile homes within all A Zones (including AE Zone), unless the conditions of this Article are satisfied.
B.
No new construction, substantial improvements or other development, including structural and non-structural development, shall be permitted within A Zones on the FIRM unless the base flood elevation and floodway delineation data are provided by the applicant. The County shall utilize any base flood or floodway delineation data currently available from Federal, State or other sources. If data is not available, the Director of Planning and Zoning shall require the applicant to provide technical modeling analysis establishing the BFE and floodway delineation.
C.
New construction, subdivision plats, substantial improvements, prefabricated buildings, placement of manufactured homes, mobile homes, or modular homes, and other developments, shall require:
1.
Design for adequate anchorage to prevent flotation, collapse, or lateral movement due to flooding of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2.
New and replacement water supply systems and/or sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and on-site waste disposal systems be located so as to avoid impairment or contamination from them during flooding.
3.
Construction with materials resistant to flood damage, utilizing methods and practices that minimize flood damage, and with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are dry-floodproofed or permanently located so as to prevent water from entering, damaging, or accumulating within the components during conditions of flooding.
4.
All new and replacement utility and sanitary facilities be elevated or dry-floodproofed up to the regulatory flood protection elevation of one (1) foot above base flood elevation. Single electric service for recreational uses must be elevated a minimum of ten (10) feet above existing average grade.
5.
That, until a floodway has been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A and AE on the County's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood elevation more than one (1) foot at any point within the County.
6.
Storage of material and equipment.
a.
The storage or processing of materials that are, in time of flooding, buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited unless the storage of such materials is in an approved floodproofed and/or tethered containment.
b.
Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning.
c.
All company owned L.P. gas tanks, one hundred twenty-five (125) gallons and larger, that are threatened by high water conditions are to be tethered with a suitable material (please see suggested L.P. Gas Tank Tie Down method), or elevated on reinforced concrete piers in a manner that will prevent uncontrolled movement and/or flotation of the tank.
Note: In that all tanks may not be affected by floodwater on an annual basis, a permanent tether may not be required. The tether, itself, could be a threat to personal safety and property damage, although it shall remain the responsibility of the tank's owner to adequately tether the tank before flotation occurs. In areas where there is a flash flood potential, permanent tethers must be utilized.
d.
All company owned L.P. gas tanks are to be identified with the name and a telephone number of the distributor or local office responsible for servicing the tank. This information shall be placed on a clearly visible surface of the tank.
e.
All L.P. gas jobbers doing business in St. Charles County must register with the proper authority, Emergency Management Agency, providing the name of the company, the location of the local branch or office, an emergency telephone number, and the name of a contact person(s). Such reports shall be kept current at all times. The Division of Emergency Management shall provide such information to appropriate fire protection districts.
7.
Review subdivision proposals and other proposed new developments, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposals shall be reviewed to ensure that:
a.
All such proposals are consistent with the need to minimize flood damage within the flood-prone area.
b.
All public utilities and facilities, such as sewer, gas, electrical, and water systems, are located and constructed to eliminate flood damage.
c.
Adequate drainage is provided to reduce exposure to flood hazards.
d.
Subdivision proposals for developments (including proposals for manufactured home parks and subdivisions) greater than fifty (50) lots or five (5) acres, whichever is the lesser, shall be included within such base flood elevation data.
e.
Subdivision plats on filled areas in floodplain overlay districts must apply for a letter of map revision from FEMA prior to construction of any residences.
8.
Structures (agricultural) used solely for agricultural purposes in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock, may be constructed at-grade and wet-floodproofed, provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; there is no permanent retail, wholesale, or manufacturing use included in the structure; a variance has been granted from the floodplain management requirements of this Chapter; and a floodplain development permit has been issued.
9.
Structures (accessory) used solely for parking and limited storage purposes, not attached to any other structure on the site, of limited investment value, and not larger than four hundred (400) square feet, may be constructed at-grade and wet-floodproofed, provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; a variance has been granted from the standard floodplain management requirements of this Chapter; and a floodplain development permit has been issued.
Section 405.355 Floodway Fringe Overlay District.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(42—43), 10-1-2003; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §30, 6-2-2010]
A.
Permitted Uses. Any use permitted in Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District, and the Density Floodway Overlay District Floodway Overlay District, Subsection (C)(7) of this Article, shall be permitted in the Floodway Fringe Overlay District. No use shall be permitted in the district unless the Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District, and the Density Floodway Overlay District Floodway Overlay District are met.
B.
Standards For The Floodway Fringe Overlay District.
1.
Require that all new construction and substantial improvements of residential structures, including manufactured homes within Zone A and Zone AE on the County's FIRM, have the lowest floor (including basement) elevated to one (1) foot above the base flood elevation.
2.
Require that all new construction and substantial improvements of non-residential structures within Zone A and Zone AE on the County's FIRM have the lowest floor (including basement) elevated one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be designed so that below one (1) foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the official as set forth in Section 405.320 (B)(7) of this Article.
3.
Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are usable solely for the parking of vehicles, building access, or storage in an area other than a basement, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer, or meet or exceed the following minimum criteria: A minimum of two (2) openings in no less than two (2) walls having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) foot above grade; openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. Windows and doors will not be used to calculate permanent openings.
Section 405.360 Manufactured/Mobile Homes.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §31, 6-2-2010]
A.
All manufactured/mobile homes shall be elevated and anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with local Building Codes or FEMA guidelines in addition to applicable State and local anchoring requirements for resisting wind forces. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:
1.
Over-the-top ties be provided at each of the four (4) corners of the manufactured/mobile home, with two (2) additional ties per side at intermediate locations; manufactured/mobile homes less than fifty (50) feet in length require one (1) additional tie per side.
2.
Frame ties shall be provided at each corner of the manufactured/mobile home, with five (5) additional ties per side at intermediate points, with manufactured/mobile homes less than fifty (50) feet in length requiring four (4) additional ties per side.
3.
All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4,800) pounds, or as determined by the current local applicable Building Code.
4.
Any additions to manufactured/mobile homes shall be similarly anchored.
B.
Require that manufactured/mobile homes which are placed on sites or substantially improved within the A and AE Zones on the County's FIRM be:
1.
Outside a manufactured/mobile home park or subdivision;
2.
In a new manufactured/mobile home park or subdivision;
3.
In an expansion to an existing manufactured/mobile home park or subdivision;
4.
In an existing manufactured/mobile home park or subdivision on which a mobile or manufactured home has incurred "substantial damage" as the result of a flood; or
5.
Elevated on a permanent foundation such that the lowest floor of the manufactured/mobile home is elevated one (1) foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, or lateral movement.
C.
Require that parcel owners or their designee obtain an annual floodplain development permit for no more than one (1) recreational vehicle to be actively used while located on a parcel. The permit shall state that the recreational vehicle may not be located on the parcel for more than one hundred eighty (180) days in a calendar year. Recreational vehicles located within approved campgrounds or travel trailer parks are not required to obtain an annual floodplain development permit. The recreational vehicle must be currently licensed and ready for highway use within the A and AE Zones on the County's FIRM.
A recreational vehicle is ready for highway use if it is on its wheel or jacking system, is attached to the site only by quick disconnect-type utilities and security devices, and has no permanently attached additions other than those specified by the manufacturer. In the Floodway Overlay District, the RV must be equipped with a self-contained water and sewage disposal system. All electrical utilities for recreational use shall be elevated ten (10) feet above the established grade or one (1) foot above the 100-year flood elevation if less than ten (10) feet.
Section 405.365 Floodway Overlay District.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(44), 10-1-2003; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §32, 6-2-2010]
A.
Permitted Uses. Only uses having a low flood-damage potential and not obstructing flood flows shall be permitted within the Floodway District to the extent that they are not prohibited by any other Section of the Unified Development Ordinance. All encroachments, including fill, new construction, substantial improvements and other developments are prohibited unless certification by a registered professional engineer is provided, demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. No use shall increase flood levels of the regulatory flood elevation. These uses are subject to the standards of the Floodway, Floodway Fringe, and Density Floodway Overlay Districts. The following are recommended uses for the Floodway District:
1.
Agricultural uses, such as general farming, pasture, nurseries, and forestry.
2.
Residential accessory uses, such as lawns, gardens, and parking and play areas.
3.
Non-residential areas, such as loading areas, parking, and airport landing strips.
4.
Public and private recreational uses, such as golf courses, archery ranges, picnic grounds, parks, wildlife, and nature preserves.
5.
In Zone A, obtain, review, and reasonably utilize any floodway data available through Federal, State, or other sources or Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District and the Density Floodway Overlay District, Subsection (C)(7) of this Article in meeting the standards of this Article.
Section 405.370 Density Floodway Overlay District. [1]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(45), 10-1-2003; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §33, 6-2-2010]
A.
Purpose. The purpose of the density floodway is to address a variety of issues related to the planning, development, and management of the floodplain and to do so by permitting development to occur in a fashion that disperses and spreads it throughout the density floodway. The following criteria must be considered in minimizing the negative impacts of encroachments on flood flows across the density floodway: the density floodway regulations apply to the development that occurs coincidentally behind a uniform 20-year levee at the L15 location; the configuration or orientation of development within each lot/parcel will be such as to minimize the loss of effective conveyance for the entire density floodway; the development of each lot/parcel shall be located on one (1) of the higher areas of the lot/parcel and oriented in such a way that its location and orientation provide the greatest overall floodplain conveyance.
B.
Permitted Uses. Any use permitted in Section 405.365, Floodway Overlay District of this Article shall be permitted in the Density Floodway Overlay District to the extent that they are not prohibited by any other Unified Development Ordinance Section. These uses are subject to Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District and the Density Floodway Overlay District, of this Article.
C.
Standards For The Density Floodway Overlay District.
1.
With a "No-Rise Certification", any development on a lot/parcel which creates fill or blockage in the density floodway shall be permitted. A no-rise certification shall be provided by a registered professional engineer demonstrating that the development shall not result in any increase in the base flood elevation. The analysis for the no-rise certification must be calculated and evaluated on a lot/parcel basis only; it is not to be calculated for the entire density floodway. Such development can be caused by activities including fill (which shall include continuous fill, with the exception of a uniform 20-year levee at the L15 location), new construction, substantial improvements, and minor improvements.
2.
Lacking a "No-Rise Certification", the maximum surface area of each lot/parcel that can be developed is limited to not more than eighteen percent (18%). Any such fill or development must not be continuous (with the exception of a uniform 20-year levee at the L15 location) or contiguous with other developments so as to restrict the flow of floodwater, in keeping with the purpose statement (Section 405.015) of this Chapter. In the event that continuous or contiguous fill or development is deemed necessary, the provisions of Subsection (C)(1) of this Section must be met. Percent development is equal to the surface area of a lot/parcel within the density floodway as recorded in the St. Charles County Recorder of Deeds office on or before December 15, 1992, that will be occupied by a development divided by the total surface area of the lot/parcel expressed as a percentage. Structures which are constructed to replace structures existing before December 15, 1992, but which are demolished after December 15, 1992, will not be counted toward the eighteen percent (18%) limitation on development.
4.
The future sale of a portion of a lot/parcel in the density floodway shall result in the remaining developed area being apportioned between the lots/parcels, unless it is set out differently in the deeds as recorded in the St. Charles County Recorder of Deeds office on or before December 15, 1992.
5.
St. Charles County intends to maintain the eighteen percent (18%) of developable area for each lot/parcel and the total area of the density floodway, as depicted on the Flood Insurance Rate Map (FIRM), dated March 17, 2003, as amended hereafter.
D.
Application Procedure For Floodplain Development Permits In The Density Floodway.
1.
When an individual requests a floodplain development permit in the density floodway, the following materials will be provided to the applicant upon the submittal of the deed to the property recorded on or before December 15, 1992:
a.
The brochure All About Building in the Floodplain.
b.
A copy of the Flood Insurance Rate Map for the area which is proposed to be developed.
c.
A statement indicating the maximum amount of allowable encroachment area in square feet and/or acres.
d.
A copy of the density floodway regulations.
e.
Instructions that the applicant must provide two (2) copies of the development plans showing the location and nature of the development along with an elevation certificate indicating the existing grade elevation (an elevation certificate is not required for routine maintenance or minor improvements).
2.
Upon receipt of the plans, as stipulated in Section 405.370, Density Floodway Overlay District, Subsection (D)(1)(e), the Director of the Division of Planning and Zoning or his or her designee shall:
a.
Review submittal to determine compliance.
b.
Release a floodplain development permit (in most applications to allow construction of foundation only).
c.
Upon submittal of a second (2nd) elevation (certificate), release approved floodplain development permit, if elevation meets or exceeds requirement of one (1) foot above the 100-year floodplain.
d.
Record the actual loss of area for the lot/parcel on the Assessor's tax parcel map(s).
Section 405.375 Variance. [1]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(46—48), 10-1-2003; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §34, 6-2-2010]
A.
The Board of Zoning Adjustment, as established by St. Charles County, shall hear and decide appeals and requests for variances from this Article of the Unified Development Ordinance.
B.
Agricultural and accessory structures, as defined in Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District and the Density Floodway Overlay District of this Article, may be eligible for administrative review for variance approval by the Director of Community Development or his/her designee. All requests for administrative variances must meet the conditions of this Chapter or Chapter 410. All approved administrative variances may be subject to review by the Board of Zoning Adjustment.
C.
The Board of Zoning Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Director of the Division of Planning and Zoning in the enforcement and administration of this Article of the Unified Development Ordinance.
D.
In passing upon such applications for variances, the Board of Zoning Adjustment shall consider all technical evaluation, all relevant factors, standards, and requirements specified in other Sections of the Unified Development Ordinance, and:
1.
The danger that materials may be swept onto other lands to the injury of others;
2.
The danger to life and property due to flooding or erosion damage;
3.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4.
The importance of the services provided by the proposed facility to the community;
5.
The necessity to the facility of a waterfront location, where applicable;
6.
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
7.
The compatibility of the proposed use to the Master Plan and floodplain management program for that area;
8.
The relationship of the proposed use to the Master Plan and the floodplain management program for that area;
9.
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters, and the effects of wave action, if applicable, expected at the site; and
10.
The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
E.
Conditions For Variances.
1.
Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Section provided the proposed activity will not preclude the structures continued historic designation.
2.
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
3.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
4.
Variances shall only be issued upon:
a.
A showing of good and sufficient cause;
b.
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
c.
A determination that the granting of a variance will not result in increased flood heights, extraordinary public expense, additional threats to public safety, creating nuisances, case fraud on or victimization of the public, or conflict with existing local laws and regulations.
5.
St. Charles County shall notify the applicant in writing over the signature of the Director of the Division of Planning and Zoning that:
a.
The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
b.
Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Chapter or Chapter 410.
c.
All utilities and facilities such as sewer, gas, electrical, and water systems are located one (1) foot above base flood elevation or dry-floodproofed to eliminate flood damages.
F.
Agricultural Structure Variance. Any variance granted for an agricultural structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions, as well as those criteria and conditions set forth within Section 405.375, Variance, Subsection (D) and (E) of this Article.
In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for agricultural structures that are constructed at-grade and wet-floodproofed.
1.
All agricultural structures considered for a variance from the floodplain management regulations of this Chapter or Chapter 410 shall demonstrate that the varied structure is located in wide, expansive floodplain areas, and no other alternate location outside of the special flood hazard area exists for the agricultural structure. Residential structures, such as farmhouses, cannot be considered agricultural structures.
2.
Use of the varied structures must be limited to agricultural purposes in Zone A or AE only, as identified on the community's Flood Insurance Rate Map (FIRM).
3.
For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials in accordance within Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District and the Density Floodway Overlay District, Subsection (C)(3) of this Article.
4.
The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance within Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District and the Density Floodway Overlay District, Subsection (C)(1) of this Article. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
5.
Any mechanical, electrical, or other utility equipment must be located one (1) foot above the base flood elevation or dry-floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance within Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District and the Density Floodway Overlay District, Subsection (C)(3) of this Article.
6.
The agricultural structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain permanent openings that will permit the automatic entry and exit of floodwaters in accordance within Section 405.355, Floodway Fringe Overlay District, Subsection (B)(3) of this Article.
7.
The agricultural structures must comply with the floodplain management floodway encroachment provision within Section 405.365, Floodway Overlay District of this Article. No variances may be issued for agricultural structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.
8.
Major equipment, machinery, or other contents must be protected from any flood damage.
9.
No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the agricultural structures.
10.
St. Charles County shall notify the applicant in writing over the signature of a community official that:
a.
The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
11.
Wet-floodproofing construction techniques must be reviewed and approved by the Division of Building and Code Enforcement prior to the issuance of any floodplain development permit for construction.
[Ord. No. 16-054 §11, 7-25-2016]
G.
Accessory Structure Variance. Any variance granted for an accessory structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions, as well as those criteria and conditions set forth within Section 405.375, Variance, Subsections (D) and (E). In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for accessory structures that are constructed at-grade and wet-floodproofed:
1.
Use of the accessory structures must be solely for parking and limited storage purposes in Zone A only, as identified on the community's Flood Insurance Rate Map (FIRM).
2.
For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials, in accordance within Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District and the Density Floodway Overlay District, Subsection (C)(3) of this Article.
3.
The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure, in accordance within Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District and the Density Floodway Overlay District, Subsection (C)(1) of this Article. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
4.
Any mechanical, electrical, or other utility equipment must be located one (1) foot above the base flood elevation or dry-floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions, in accordance within Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District and the Density Floodway Overlay District, Subsection (C)(3) of this Article.
5.
The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain permanent openings on a minimum of two (2) walls that will permit the automatic entry and exit of floodwaters, in accordance within Section 405.355, Floodway Fringe Overlay District, Subsection (B)(3) of this Article. Windows and doors will not be considered as required openings.
6.
The accessory structures must comply with the floodplain management floodway encroachment provisions within Section 405.365, Floodway Overlay District, of this Article. No variances may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.
7.
Equipment, machinery, or other contents must be protected from any flood damage.
8.
No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the accessory structures.
9.
St. Charles County shall notify the applicant in writing over the signature of a community official that:
a.
The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
10.
Wet-floodproofing construction techniques must be reviewed and approved by the Division of Building and Code Enforcement prior to the issuance of any floodplain development permit for construction.
[Ord. No. 16-054 §11, 7-25-2016]
Section 405.380 Non-Conforming Use.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 10-041 §35, 6-2-2010]
A.
A structure, or the use of a structure, on premises which was lawful before the adoption of this Article of the Unified Development Ordinance, but which is not in conformity with the provisions of this Article of the Unified Development Ordinance, may be continued subject to the following conditions:
1.
No such use or substantial improvement of that use shall be expanded, changed, enlarged, or altered in a way which increases its non-conformity.
2.
If such use is discontinued for one hundred eighty (180) consecutive days, any future use of the building premises shall conform to this Article of the Unified Development Ordinance.
B.
If any non-conforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty percent (50%) of the current market value, as provided by the St. Charles County Assessor, of the structure before the damage occurred, except that it is reconstructed in conformity with the provisions of this Article of the Unified Development Ordinance. This limitation does not include the cost of any alteration of a structure listed on the National Register of Historical Places or a State Inventory of Historical Places.
Section 405.385 Penalties For Violation.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 07-040 §1, 3-13-2007]
A.
Violation of the provisions of this Article of the Unified Development Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person who violates this Article of the Unified Development Ordinance or who fails to comply with any of its requirements shall, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00) per day or six (6) months' imprisonment, or both. Each and every day that such violation continues shall constitute a separate offense.
B.
Any person who constructs, alters, repairs or commences the construction or alteration of a building or structure or regrades a property without a Floodplain Development Permit or is served with a stop work order for any work in the "FF", "FW" or "DF" Overlay Districts shall pay an administrative penalty of two hundred fifty dollars ($250.00) when a floodplain development permit is issued.
C.
Nothing herein contained shall prevent St. Charles County or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
Section 405.390 Amendments.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 13-060 §3, 8-12-2013]
The regulations, restrictions, and boundaries set forth in this Unified Development Ordinance Article may, from time to time, be amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days’ notice of the time and place of such hearing shall be posted in one (1) or more public areas of the Administration Building of the County and on the St. Charles County Government website. A copy of such amendments will be provided to the Federal Emergency Management Agency. The regulations of this Article of the Unified Development Ordinance are in compliance with the National Flood Insurance Program Regulations, as published in the Federal Register, Volume 41, Number 207, dated October 26, 1976.
Section 405.400 (Reserved) [1]
[1]
Editor's Note—Ord. no. 07-040 §1, adopted March 13, 2007, repealed section 405.400 "floodplain verification letters" in its entirety. Former section 405.400 derived from ord. no. 99-99 §1, 7-12-1999; ord. no. 01-054 §1, 4-25-2001; ord. no. 01-111 §2, 9-26-2001; ord. no. 03-142 §1(49), 10-1-2003. At the editor's discretion, this section has been reserved for the city's future use.
Section 405.402 Statement of Intent.
[Ord. No. 11-008 §1, 3-7-2011]
The intent of the following provisions is to protect the quality of groundwater serving public alluvial wells by regulating and restricting land uses within boundary perimeters surrounding wellheads of such wells.
Section 405.403 Establishment and Modification.
[Ord. No. 11-008 §1, 3-7-2011]
A.
Establishment Of Wellhead Protection Overlay Districts.
2.
All such rezoning applications shall include a legal description of the circular boundary perimeter of the proposed Wellhead Protection Overlay District meeting the requirements of Section 405.404(A) below.
3.
All notices and hearings relating to such rezoning applications shall be as provided by this Unified Development Ordinance, except as provided otherwise in Section 405.403(B) below.
B.
Modification Of Circular Boundary Perimeters Of Proposed Or Established Wellhead Protection Overlay Districts.
1.
Modification of circular boundary perimeters of a proposed or existing Wellhead Protection Overlay District may be sought only by application by owners of land, or by a water district, municipality or other unit of government having a well within such circular boundary perimeters.
2.
If such an application is made during proceedings to establish a Wellhead Protection Overlay District pursuant to Section 405.403(A) above, the following procedural regulations shall govern the application.
a.
Notice of intent required. The applicant must give notice of intent to file such an application by submitting to the Division of Planning and Zoning, on a form provided by the Division, an affidavit of intent to modify the circular boundary perimeter of a proposed Wellhead Protection Overlay District, along with the deposit required in Section 405.403(B)(4) below.
b.
Time of notice of intent. Such notice of intent must be filed no later than the date of the Planning and Zoning Commission's initially scheduled public hearing to form a new district.
c.
Effect of notice timely filed. Provided such notice is filed on time, it will postpone for one hundred eighty (180) days the Commission's scheduled hearing on the proposed district.
d.
Completion of application. An applicant must complete an application to modify within ninety (90) days of the date of the filing of the notice of intent by filing the remaining required submittals enumerated in Section 405.403(B)(4). If an applicant fails to do so, the Division shall treat the application as withdrawn and refund the applicant's deposit, but the applicant is not barred from proceeding under Section 405.403(B)(3) to modify an existing Wellhead Protection Overlay District's boundary after the district's establishment.
3.
If an application to modify the circular boundary perimeter of a Wellhead Protection Overlay District is filed after its establishment, the following procedural regulations shall govern the application.
a.
Rezoning application. Such an application shall be treated as a separate rezoning application governed by this Unified Development Ordinance.
b.
Completeness of application. Such an application shall be accompanied by required submittals enumerated in Section 405.403(B)(4) below.
4.
All applications to modify the circular boundary perimeter of a proposed or existing Wellhead Protection Overlay District shall be accompanied by the following submittals.
a.
A legal description of the proposed amendment to the circular boundary perimeter of a proposed and established Wellhead Protection Overlay District;
b.
A sealed engineer's report on ground water and subsoil conditions affecting the wellhead protected or to be protected by the Wellhead Protection Overlay District, and justifying the proposed amended boundary; and
c.
A deposit may be required to defray the costs of an engineering consultant engaged by the County to review that sealed engineer's report (deposit subject to refund to the extent it exceeds actual costs and to supplementation to the extent that it is insufficient to defray them).
5.
All applications to modify the circular boundary perimeter of a proposed or existing Wellhead Protection Overlay District shall be subject to review and hearing as follows.
a.
Upon receipt of a complete application to modify the circular boundary perimeter of a proposed or existing Wellhead Protection Overlay District, the Planning and Zoning Division and the County's engineering consultant shall have ninety (90) days in which to review that application.
b.
Based on that review the Division may also propose a modification of a circular boundary perimeter either to reduce or enlarge it.
c.
Upon completion of that review and issuance of all notices that may be required by this Unified Development Ordinance, the Planning and Zoning Commission shall conduct a hearing on that application to modify the circular boundary perimeter of a proposed or existing Wellhead Protection Overlay District and any related application by the Planning and Zoning Division. In no case may that hearing be scheduled at a meeting of the Planning and Zoning Commission within ninety (90) days or later than one hundred fifty (150) days from the receipt of the applicant's complete application to modify. However, a hearing may be continued as provided in Section 405.535(B)(1)(d) of this Unified Development Ordinance.
Section 405.404 District Regulations.
[Ord. No. 11-008 §1, 3-7-2011]
A.
Boundary. Any Wellhead Protection Overlay District shall be enclosed by circular boundary perimeter defined by a radius of one thousand (1,000) feet surrounding any wellhead of a public alluvial well, unless that circular boundary perimeter is modified as provided in Section 405.403(B) above.
B.
Permitted And Conditionally Permitted Uses. Except as provided in Section 405.404(C) or (D) below, within any Wellhead Protection Overlay District, the district regulations for the underlying zoning district shall authorize permitted and conditional uses.
C.
Prohibited Uses. Notwithstanding any applicable district regulations in this Unified Development Ordinance, within any Wellhead Protection Overlay District, the following uses are prohibited:
1.
The production, use, handling, or storage of any extremely hazardous substance, greater than the exempted quantity.
2.
Landfills, including but not limited to industrial and municipal landfills; open dumps; or any other waste disposal facility.
3.
Waste transfer stations and incinerators.
4.
Waste disposal wells and underground injection of liquid wastes.
5.
Sewage lagoons.
6.
Wastewater treatment plants and/or wastewater pump stations.
7.
Cemeteries and graveyards for humans or domesticated animals.
8.
Scrap and junk yards.
9.
Uncovered salt, de-icer or chemical storage.
10.
Private potable water wells into known and potential sources of contamination.
11.
Ponds/lakes constructed deeper than fifteen (15) feet, in order to prohibit excavation below the upper cohesive solids into the underlying sand and gravel aquifer except at properties where site specific drilling data indicates deeper excavation, will not contact the sand and gravel aquifer to a maximum allowable excavation depth of five (5) feet above the base of the upper cohesive soils.
D.
Conditionally Permitted Uses. If permitted under applicable district regulations in this Unified Development Ordinance, the following uses are permitted within any Wellhead Protection Overlay District only as conditional uses that must be subject at a minimum to the conditions set out below:
1.
Uses permitted only conditionally:
a.
The production, use, handling, or storage of any hazardous substance or liquid petroleum product.
b.
Fleet storage, maintenance, repair and service facilities, including but not limited to mechanical services, transmission repair services and oil changing services in conjunction with and supplementary to a permitted business operation.
c.
Construction of new underground storage tanks, including new underground storage tanks that replace existing underground storage tanks, and associated pipes in compliance with applicable local, State and Federal laws and in conjunction with and supplementary to a permitted business operation.
d.
Dry cleaning business.
e.
Furniture stripping.
f.
Wastewater pretreatment facilities or other impoundments of waste material.
g.
Vehicle service stations and convenience stores which sell motor fuel.
h.
Electrical power generator and substations.
i.
Manufacturing of communications equipment.
j.
Manufacturing of electric and electronic equipment, including circuit boards.
k.
Manufacturing of fabricated metal products.
l.
Manufacturing of machinery.
m.
Manufacturing of plastic materials and synthetics.
n.
Primary metal industries, such as blast furnaces, steelworks and rolling mills.
o.
Trucking terminals.
2.
Required conditions of the foregoing conditionally permitted uses.
a.
Provide for the installation and maintenance of devices for secondary containment in case of inadvertent discharge from primary containers, ensure the proper storage of regulated substances, and ensure the integrity of impervious floor surfaces in storage areas.
b.
Submission of an emergency contingency plan for each facility to respond to unauthorized discharges.
c.
Posting of a bond or carrying of insurance which would pay for the cost of cleanup incurred as the result of inadvertent discharge, as required by applicable environmental laws and regulations.
d.
The three (3) previous requirements must be approved in writing by both the Community Development Director and the St. Charles County Local Emergency Planning Committee or their designees.
E.
Exemptions. The following substances are not subject to the provisions of this Section, so long as they are used, handled or stored in a manner that does not result in contamination of groundwater.
1.
Use of any regulated substance in an amount less than the exempted quantity for that substance.
2.
Any substance to the extent it is used for personal, family or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public. However, regulated substances used in the operation of a home business shall not be exempt from the provisions of these requirements.
3.
Any substance to the extent it is used in routine agricultural operations and not permanently stored out-of-doors.
4.
Any substance to the extent it is used in a research laboratory, hospital or other medical facility, and is under the direct supervision of a technically qualified individual.
5.
Regulated substances contained in properly operating sealed units (transformers, refrigeration units, etc.) which are not operated as part of routine use and which are in operable condition.
6.
Motor fuels, lubricants, and coolants which are in use within operable internal combustion engines and attached fuel tanks.
7.
Radioactive materials that are regulated by the United States Nuclear Regulatory Commission.
8.
Regulated substances in Continuous transit through a Wellhead Protection Overlay District.