St Robert City Zoning Code
CHAPTER 404
Permissible Uses
Section 404.001 Permissible Uses and Specific Exclusions.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The presumption established by this Chapter is that all legitimate uses of land are permissible within at least one (1) zoning district in the City's planning jurisdiction. Therefore, because the list of permissible uses set forth in this Chapter cannot be all inclusive, those uses that are listed shall be interpreted liberally to include other uses of similar character and have similar impacts to the listed uses.
B.
Notwithstanding Subsection (A), all uses that are not listed in this Chapter, even given the liberal interpretation mandated by Subsection (A), are prohibited without review of the Planning and Zoning Commission and approval of the Board of Aldermen when the proposed use is dictated by a conditional use. Nor shall any Section in this Chapter be interpreted to allow a use in one (1) zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts.
C.
Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited:
1.
Any use that involves the manufacture, handling, sale, distribution or storage of any highly combustible or explosive materials in violation of the City's Fire Prevention Code.
2.
Use of a travel trailer as a temporary residence which is not located within a designated recreational vehicle park or which is necessitated per the definition of temporary residences.
3.
Use of a recreational travel trailer as a permanent residence, except when located within manufactured home ("R-M") zoning district on lots that have been specifically developed to accommodate such trailers.
4.
Any bar, tavern or nightclub which provides on-premises consumption of liquor by the drink sales within one hundred (100) feet of any school, church or other building regularly used as a place of worship, City park or licensed child care facility.
5.
Any adult business or entertainment establishment as defined in these regulations which is located within one thousand (1,000) feet of any residentially zoned district, school, church, public park, cemetery, mortuary or funeral home, nursing or retirement home, residential care facility, hospital, medical or dental treatment facility or clinic, licensed child care facility or another adult business or entertainment establishment. These restrictions are necessary to ensure that the societal order and public health of the community is not degraded, that criminal activity is deterred and the welfare of the children of the City of St. Robert is not at risk.
D.
Churches, synagogues, temples and similar places of worship (including associated residential structures for religious personnel and associated buildings) may be located in any zoning district.
E.
Municipal properties, including land, buildings or premises owned, rented or leased by the City of St. Robert, are exempt from provisions of this regulation while occupied or employed for public purposes in municipal rights, obligations or pursuits, but such City land or property as may be sold or rented or released to private individuals or corporations must comply with all applicable provisions of this regulation.
F.
All legal pre-existing land uses that were otherwise lawfully established prior to the effective date of this regulation may be continued as long as the requirements for non-conforming situations are met.
G.
The following guidelines shall be the controlling factors within each respective zoning district in the City:
1.
An existing building or structure may be utilized only for a permitted use listed in this Chapter upon clearance of a change of occupancy inspection by the Building Department. Non-conforming use guidelines apply.
2.
A vacant lot may be utilized for the construction and use of a residential single-family dwelling with the issuance of a building permit. The assumption of this Article is that the vacant lot in question is located within a zoning district which allows the construction of said use.
3.
All non-residential permitted uses listed in this Chapter shall require approval of a zoning permit, issued by the Administrator, before the proposed use may be developed on the vacant lot or parcel of land on which the use is intended to be located.
4.
An existing building or structure may be utilized for a conditional use listed in this Chapter upon the final approval of a conditional use permit by the Board of Aldermen. Non-conforming use guidelines apply.
5.
All conditional uses listed in this Chapter which are to be located on a vacant lot or parcel of land shall require approval of a conditional use permit by the Board of Aldermen before that use may commence or be developed.
Section 404.003 Accessory Uses.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The forgoing provisions of this Chapter classifies different principal uses according to their different impacts. Whenever an activity is conducted in conjunction with another principal use and the former use:
1.
Constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or
2.
Is commonly associated with the principal and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use. For example, a restaurant is customarily associated with and integrally related to a hotel or motel and would be regarded as accessory to a hotel/motel use, even though restaurant facilities, if developed apart from a hotel/motel development, would not be permitted in the "C-O" District.
B.
For purposes of interpreting Subsection (A):
1.
A use may be regarded as incidental or insubstantial if it is secondary to the principal or primary use; is subordinate to the primary use; or is insubstantial in and of itself.
2.
To be "commonly associated" with a principal use, it is not necessary for an accessory use to be connected with such principal use, but only that the association of such accessory use with such principal use takes place with sufficient frequency that there is common acceptance of their relatedness.
C.
Without limiting the generality of Subsections (A) and (B), the following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory to residential principal uses:
1.
Home occupations meeting the requirements of this Chapter.
2.
Hobbies or recreational activities of a non-commercial nature.
3.
Yard sales or garage sales so long as such sales are not conducted on the same lot for more than three (3) days whether consecutive or not during any ninety (90) day period.
4.
Devices for the generation of energy, such as solar panels, wind generators and similar devices.
5.
Customary accessory buildings including private garages, carports, swimming pools, decks, gazebos and other structures of similar character.
6.
Off-street parking.
7.
Satellite dishes and amateur radio antenna when located within side or rear yard setback lines.
Section 404.005 Permissible Uses Not Requiring Permits.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
Notwithstanding any other provisions of this regulation, no zoning or conditional use permit is necessary for the following uses which are developed by the City:
1.
Public streets.
2.
Electric power, telephone, telegraph, cable television, gas, water and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way.
3.
Neighborhood utility facilities located within a pre-existing public right-of-way with the permission of the owner (State or City of St. Robert) of the right-of-way.
Section 404.007 Change in Use.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes. This occurs whenever the change involves a change from one principal use category to another.
B.
A mere change in the status of the property from unoccupied to occupied or vice versa does not constitute a change in use.
C.
A mere change in ownership of a business or enterprise or change in the name shall not be regarded as a change in use.
D.
When a change in use of property occurs and the essential character or nature of the activity conducted on the lot changes to a more restricted use that requires the approval of a conditional use permit, then the change of use may not legally be made without the approval of a conditional use permit by the Board of Aldermen.
Section 404.009 The Specific Use Classification Controls.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
Whenever a land use could fall within more than one (1) use classification, the classification that most closely and most specifically describes the character of the development controls.
Section 404.011 Group Homes - Additional Requirements.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
Group homes shall meet the following requirements in order to be located in a residential district. The exterior appearance of the group home and property shall reasonably conform to the exterior appearance of other dwellings in the immediate vicinity.
Section 404.013 Home Occupations.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The intent of this Section is to permit the use of residential property for home occupations which are compatible with the neighborhood in which they are located. Any use of a residential dwelling for home occupations shall be done in a manner which is clearly incidental and secondary to the use of the premise for a dwelling. The residential character of a neighborhood shall be preserved and any home occupations which are permitted shall be of such a nature as to not intrude upon adjoining property through the production of noise, vibration, dust, odors, heat, glare or in any other way to detract from the residential neighborhood. Should a conflict arise between use of residential premises for a home occupation with preservation of the neighborhood's residential character, the City's policy is to favor preservation of the neighborhood in its residential form.
B.
Home occupations shall be operated entirely within the principal residential dwelling and shall be incidental and subordinate to its use for residential purposes.
C.
To be permissible as a home occupation, all of the following conditions must be satisfied:
1.
No outdoor storage of materials or equipment used in the home occupation shall be permitted. No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from the outside of the residence.
2.
Home occupations shall be conducted only by the residents of the dwelling unit without the regular assistance of on-site employees.
3.
Not more than twenty-five percent (25%) of the total gross floor area of the residential building or more than five hundred (500) square feet of gross floor area (whichever is less) is used for home occupation purposes.
4.
In no way shall the appearance of the dwelling be altered for the home occupation nor will the home occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or the emission of sounds, noise, vibrations or the paving or other provisions for parking or other vehicular access which exceeds the residential character of the neighborhood.
5.
Not more than one (1) non-illuminated business sign may be used. The sign shall be attached flat against the building and shall not exceed one (1) square foot in area.
6.
No equipment shall be utilized, staged or stored on the premises of the residence that creates a visual nuisance due to odor, vibration, noise, electrical interference beyond the property line of the lot upon which the home occupation is conducted.
7.
No traffic or parking demands shall be generated by such home occupation in greater volume, frequency or type than would normally be expected in a residential neighborhood.
D.
The following are typical examples of uses which often can be conducted within the limits established herein and thereby qualify as home occupations. Uses which qualify as home occupations are not limited to those named below, nor does this listing automatically qualify it as a home occupation:
1.
Artists, sculptors and authors or composers;
2.
Dressmakers, seamstresses, tailors;
3.
Crafters who create floral, basketry, painting, ceramics, wood carvings and small wood items, stained/leaded glass, textiles and other handmade or small scale crafted items for sale;
4.
Tutors, provided that tutoring shall be limited to no more than two (2) pupils at a time;
5.
Office area for architects, engineers, realtors, insurance agents, brokers, computer consultants, word processing consultants, business consultants and members of similar professions but not for the general practice of the profession which requires on-site visits by customers or clients;
6.
Office area for sales representatives, manufacturers' representatives and direct sellers which does not require on-site storage of goods;
7.
Office area for contractors, cleaning services, landscapers and other similar enterprises which does not require on-site storage of vehicles, equipment or materials;
8.
Office area for psychologists, counselors, lawyers and social workers, provided that the home shall not be used for the receipt of clients, patients, customers or other recipients of services or products provided by the profession;
9.
Home day care which shall also comply with Missouri Statutes.
E.
The following uses by their nature have a tendency, once started, to increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area. The uses specified below shall not be permitted as home occupations:
1.
Any home occupation that involves the assistance of employees at a dwelling unit on a regular basis;
2.
Barbershops and beauty parlors;
3.
Cabinet making or furniture making manufactured for sale;
4.
Dancing schools, aerobic schools, personal fitness training;
5.
Medical or dental offices or clinics, including chiropractors, veterinarians, podiatrists, etc.;
6.
Motor vehicle repair or service;
7.
Painting of vehicles or large household appliances;
8.
Tourist home, including bed and breakfast;
9.
Gunsmiths;
10.
Construction business which requires the parking or storage of associated heavy equipment and construction materials;
11.
Telemarketing operations;
12.
Home occupations which fail to meet the standards of this Section;
13.
Taxicab, limousine, chauffeur and airport shuttle and wrecker service.
F.
In any and all procedures, hearings and appeals the burden of proof regarding compliance and qualification for a home occupational use of property shall be on the person seeking or attempting to retain a home occupational use.
G.
The Board of Adjustment shall hear appeals in the following cases involving home occupations. Appeals shall be handled in the same manner as all other appeals which have been filed with the Land Use Administrator:
1.
Appeal by an applicant who believes the decision by Administrator is contrary to the regulation or that an error was made in his/her decision to deny such home occupancy.
2.
Appeal by an individual who believes the decision by Administrator to allow a home occupation to be conducted is contrary to the regulation or that an error was made in his decision authorizing such home occupancy.
H.
The filing fee for any appeal to the Board of Adjustment shall be borne by the appellant and shall be the same as for any other appeal or application to the Board of Adjustment.
Section 404.014 Site Development Regulations for Adult Businesses.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
Applicability. This Section shall apply to any bookstore, media store or video store in which "adult media" constitutes more than ten percent (10%) but not more than twenty percent (20%) of the net floor area of the business at any time.
1.
The owner, when applying for a building permit or a change of occupancy, must submit a floor plan identifying the areas designated for adult retail and adult media.
2.
To determine whether a business is adhering to the limitation of not having more than twenty percent (20%) of the net floor area of the business devoted to adult material described in this Section, the Building Department of the City of St. Robert may designate an employee to inspect said business when the building inspector has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to, or in violation of, this Code and which makes the structure or premises unsafe, dangerous or hazardous to the citizens of St. Robert. If entry is refused, the building inspector shall have recourse to the remedies provided by law to secure entry.
3.
If, during an inspection, it is determined by a City employee that the business has more than twenty percent (20%) of the net floor area devoted to adult material, the employee shall forward the information to the City prosecutor who shall file a complaint based on information and belief that a violation of Section 401.003 has been committed and the penalty of said violation shall be a fine of not more than five hundred dollars ($500.00) per day or not more than ninety (90) days in jail, or both.
B.
Prohibition Of Public Display. The owner or operator of a store to which this Subsection is applicable shall have the affirmative duty to prevent the public display of "adult media" at or within the portions of the business open to the general public.
C.
Display Of "Adult Media". "Adult media" in a store to which this Subsection is applicable shall be kept in a separate room or section of the store, which room or section shall:
1.
Not be open to any person under the age of eighteen (18);
2.
Be physically and visually separate from the rest of the store by an opaque wall or durable material reaching at least eight (8) feet high or to the ceiling, whichever is less;
3.
Be located so that the entrance to it is as far as reasonably practicable from media or other inventory in the store likely to be of particular interest to children; and
4.
Have access controlled by electronic or other means to provide assurance that persons under age eighteen (18) will not gain admission and that the general public will not accidentally enter such room or section.
D.
Interpretation. Any person may request an interpretive ruling from the Chief of Police or his or her designee as to whether a particular item is considered by the City to be "designed or marketed for use" in connection with "specified sexual activities". An application for an interpretative ruling shall be made in writing on a form provided by the Chief of Police and shall be accompanied by such other information as may reasonably be requested under the circumstances pertaining to the specific item about which a ruling is requested. The Chief of Police shall issue a written interpretive ruling within ten (10) business days following submission of a completed application. The decision of the Chief of Police may be appealed to the Board of Aldermen within fifteen (15) days following the date of the interpretive ruling by submitting a written notice of appeal to the City Clerk.
Section 404.015 Agricultural "A-1" District.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The proceeding land uses are hereby designated as permitted uses to be located or developed within the Agricultural "A-1" District.
1.
Detached single-family dwellings, a maximum of one (1) dwelling per lot is allowed. Dwellings shall be connected to City utilities when service is available or connected to other utility providers. Septic systems and lagoons are specifically prohibited.
2.
Manufactured homes. A maximum of one (1) dwelling per ten thousand (10,000) square feet of lot, tract or parcel area is allowed. Dwellings shall be connected to City utilities when service is available or connected to other utility providers. Septic systems and lagoons are specifically prohibited.
3.
Double-wide manufactured homes and modular homes constructed on a permanent foundation and connected to City utilities when service is available or connected to other utility providers. Septic systems and lagoons are specifically prohibited. A maximum of one (1) dwelling per lot is allowed.
5.
Churches and other similar places of worship.
6.
Home day care, provided that not more than ten (10) children shall be kept at any one time and who are not related to the owner. Playground areas shall be located in the rear yard area of the premises.
7.
Accessory structures that are subordinate and secondary to the principal use.
B.
The proceeding land uses are hereby designated as conditional uses that may be located or developed within the Agricultural ("A-1") District upon final approval of the Board of Aldermen.
1.
Bed and breakfast inns and uses of similar character.
2.
Golf courses and country clubs occupying a minimum of forty (40) acres.
3.
Parks, stadiums, arenas and other land uses created for recreational purposes.
4.
Group homes, nursing homes and unassisted living care facilities for the elderly.
5.
Hospitals and other medical facilities providing health care services.
6.
Agricultural land uses including, but not limited to, greenhouse nurseries, open-air farmers markets, produce markets and other uses of similar character.
7.
Veterinary services, animal hospitals, kennels and stables.
8.
Self-help mini-storage facilities.
9.
Cemeteries located on no less than ten (10) acres of land.
10.
Telecommunication towers and antennas.
Section 404.017 Residential Single-Family Low-Density "R-1L" District.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The proceeding land uses are hereby designated as permitted uses to be located or developed within the Residential Single-Family Low-Density "R-1L" District.
1.
Detached single-family dwellings units.
2.
Double-wide manufactured homes and modular homes constructed on a permanent foundation and connected to City utilities. A maximum of one (1) dwelling per lot is permitted.
4.
Churches and other similar places of worship.
5.
Home day care, provided that not more than ten (10) children shall be kept at any one time and who are not related to the owner. Playground areas shall be located in the rear yard area of the premises.
6.
Accessory structures that are subordinate and secondary to the principal use.
7.
Publicly and privately owned and maintained parks and playgrounds.
B.
The proceeding land uses are hereby designated as conditional uses that may be located or developed within the Residential Single-Family Low-Density "R-1L" District upon final approval of the Board of Aldermen.
Section 404.018 Residential Single-Family Medium-Density "R-1M" District.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The proceeding land uses are hereby designated as permitted uses to be located or developed within the Residential Single-Family Medium-Density "R-1M" District.
1.
Any permitted use established for "R-1L" Districts.
B.
The proceeding land uses are hereby designated as conditional uses that may be located or developed within the Residential Single-Family Medium-Density "R-1M" District upon final approval of the Board of Aldermen.
Section 404.019 Residential Single-Family High-Density "R-1H" District.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The proceeding land uses are hereby designated as permitted uses to be located or developed within the Residential Single-Family High-Density "R-1H" District.
B.
The proceeding land uses are hereby designated as conditional uses that may be located or developed within the Residential Single-Family High-Density "R-1H" District upon final approval of the Board of Aldermen.
Section 404.020 Residential Two-Family "R-2" District.
Section 404.021 Residential Multiple-Family "R-3" District.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The proceeding land uses are hereby designated as permitted uses to be located or developed within the Residential Multiple-Family "R-3" District.
B.
The proceeding land uses are hereby designated as conditional uses that may be located or developed within the Residential Multiple-Family "R-3" District upon final approval of the Board of Aldermen.
Section 404.023 Residential Manufactured Home "R-M" District.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The proceeding land uses are hereby designated as permitted uses to be located or developed within the Residential Manufactured Home "R-M" District.
1.
Detached single-family manufactured homes.
2.
Double-wide manufactured homes and modular homes constructed on a permanent foundation and connected to City utilities. A maximum of one (1) dwelling unit per lot is allowed.
4.
Churches and other similar places of worship.
5.
Home day care, provided that not more than ten (10) children shall be kept at any one time and who are not related to the owner. Playground areas shall be located in the rear yard area of the premises.
6.
Accessory structures that are subordinate and secondary to the principal use.
7.
Publicly and privately owned and maintained parks and playgrounds.
B.
The proceeding land uses are hereby designated as conditional uses that may be located or developed within the Residential Manufactured Home "R-M" District upon final approval of the Board of Aldermen.
Section 404.025 Mixed-Use "MU" Districts.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The City of St. Robert Comprehensive Plan identifies areas within the City for development of mixed-use development areas where compact, pedestrian-scaled, mixed-use residential and commercial districts may be developed. Within these areas of development, and in other appropriate sites, mixed-use zoning helps provide a desirable combination of compatible residential, office, retail and selected light industrial uses. The development of Mixed-Use Districts will foster further economic development opportunities; create harmonious and compatible mixed land use types; foster safe and active pedestrian environments; provide residential and employment density to support neighborhood businesses; and attract residents and employers looking for innovative land use amenities.
B.
Intent. These regulations are intended to encourage and provide a means for effecting desirable and quality developments by permitting greater flexibility and design freedom than that permitted under the conventional zoning and to accomplish a well-balanced, aesthetically satisfying City and economically desirable development of building sites within a Mixed-Use District. These regulations are established to permit creativity in the design and compatibility of mixed-use projects that are found not to be hazardous, harmful, offensive or otherwise adverse to the environment, property values or the character of adjacent neighborhoods or the health, safety and welfare of the community. It is intended to permit and encourage diversification, variation and imagination in the relationship of compatible uses, structures, open spaces and heights of structures for developments conceived and implemented as comprehensive and cohesive unified projects.
C.
Conceptual Plan: Developers of projects shall submit a conceptual plan for review by the Planning and Zoning Commission and final approval by the Board of Aldermen. The conceptual plan must be approved by the City before any development activities can commence. At a minimum, the conceptual plan shall include the following:
1.
Conceptual site layout illustrating:
a.
Proposed open space and public park areas, and
b.
Proposed locations of all mixed land uses, and
c.
Proposed locations of any single land uses, and
d.
Proposed traffic ways, pedestrian ways and parking areas, and
e.
Proposed locations of freestanding and monument sign structures, and
f.
Proposed conceptual landscape plans.
4.
The conceptual plan shall be approved if it is shown that:
b.
No single land use category other than mixed-use buildings occupies greater than sixty percent (60%) of the total land area.
c.
The proposed land use at any location within the proposed project site is within walking distance of one thousand (1,000) feet of a different land use, as measured from the shortest pedestrian route.
D.
Area. No Mixed-Use District shall have a land area of less than three (3) acres for the proposed development.
E.
Uses. The proceeding mixed-use ("MU") classifications are hereby established and delineate the permissible land uses that can be developed within a mixed-use project area. Land uses not listed here are determined to be expressly prohibited and incompatible for use within a mixed-use development.
1.
Mixed-use low-intensity ("MU-1").
a.
Residential uses.
(1)
Single-use detached one- or two-family residential (maximum lot size is ten thousand (10,000) square feet).
(2)
Single-use garden apartments, town homes and condominiums.
(3)
Mixed-building attached loft apartments.
(4)
Mixed-building attached studio apartments.
(5)
Mixed-building attached condominium.
b.
Commercial uses. Uses specified below can be developed in combination as "single-use" and "mixed-building" to comprise the mixed-use project.
(1)
Businesses associated with lawyers, accountants, appraisers, brokers, realtors, tax preparers, insurance agents and uses of similar character.
(2)
Offices for engineers, architects, landscape architects, interior decorators and uses of similar character.
(3)
Offices for optometrists, physicians, dentists, psychologists and chiropractors.
(4)
Businesses that provide personal services such as drop-off laundry, shoe repair, eyeglass store, hearing aids and business ventures of similar character (excluding secondhand resale stores, tattoo parlors and pawnshops).
(5)
Artists, photographers and sculptors.
(6)
Authors, writers and composers.
(7)
Sporting goods, dress shops, shoe store and clothing shops.
(8)
Museums, libraries, galleries and exhibit halls.
(9)
Banks, credit unions, loan companies and mortgage companies (excluding payday loan and check-cashing businesses).
(10)
Art, dance and music teachers.
(11)
Flower shop, bookstore, stationery stores, picture frame shop and craft store.
(12)
Cellular phone stores, computer store, electronics store, electronic repair shop and appliance store.
(13)
Beauty parlors, barbershops, tanning parlors and day spas.
(14)
Grocery stores, bakery shops and butcher shops.
(15)
Restaurants without drive-thru service, cafes, coffee shops and sandwich shops.
(16)
Day care, child care facilities and pre-schools.
(17)
Churches and other similar places of worship.
(18)
Pharmacies, medical and dental clinics (excluding out-patient surgery).
(19)
Swimming pools, fitness centers and public parks.
2.
Mixed-use medium-density ("MU-2").
a.
Residential uses.
(1)
Permitted residential uses authorized in a Mixed-Use, Low-Intensity ("MU-1") District.
b.
Commercial uses. Uses specified below can be developed in combination as "single-use" and "mixed-building" to comprise the mixed-use project.
(1)
Permitted commercial uses authorized in a Mixed-Use, Low-Intensity ("MU-1") District.
(2)
Hotels, motels and extended stay inns (excludes outside parking of boats and RVs).
(3)
Convention center, skating rinks, gymnasium, athletic club, miniature golf, bowling alley and cultural centers.
(4)
Community centers, family recreation centers, theaters and video arcades (excluding billiard and pool halls).
(5)
Sports bar and grill, bars and taverns that do not exceed six thousand (6,000) square feet in gross floor area.
(6)
Treatment centers, medical heliports and medical clinics providing out-patient surgery.
(7)
Greenhouses, nurseries and farmers market.
(8)
Pet stores, dog grooming and veterinary clinics.
(9)
Single-use retail stores.
F.
Ownership. The development shall be in single or corporate ownership at the time of application, or the subject of an application filed jointly by all owners of the property.
G.
Open Spaces. Preservation, maintenance and ownership of required open spaces within the development shall be accomplished by either:
1.
Dedication of the land as a public park or parkway system; or
2.
Creating a permanent, open space easement on and over the said private open spaces to guarantee that the open spaces remain perpetually in recreational use, with ownership and maintenance being the responsibility of an owners' association established with articles of association and bylaws which are satisfactory to the St. Robert Board of Aldermen.
H.
Landscaping. Landscaping, fencing and screening related to the uses within the site and as a means of integrating the proposed development into its surroundings shall be planned and presented to the Planning and Zoning Commission for approval, together with required plans for the development. A planting plan showing proposed tree and shrubbery plantings shall be prepared for the entire site to be developed. Landscape plans must show the landscape area's dimensions, screens and buffers, retaining walls, irrigation, plantings, decorative paving, sidewalk furniture and other elements that convey the conceptual plan for the project. Specific criteria for landscape plans are found in Chapter 420 of this regulation.
I.
Signs. The size, location, design and nature of signs, if any, and the intensity and direction of area or floodlighting shall be detailed in the conceptual plan.
J.
Desirability. The proposed use of the particular location shall be shown as necessary or desirable to provide a service or facility that will contribute to the general well-being of the surrounding area. It shall also be shown that under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety or general welfare of persons residing in the vicinity of the mixed-use development.
K.
Considerations. In carrying out the intent of this Section, the Planning and Zoning Commission shall consider the following principles:
1.
Conceptual plans, drawings and illustrations shall be prepared by a registered designer or team of designers having professional competence in urban planning.
2.
It is not the intent of this Section that control of the design of the mixed-use project by the Planning and Zoning Commission be so rigidly exercised that individual initiative be stifled and substantial additional expense incurred; rather, it is the intent of the Planning and Zoning Commission that the control exercised be the minimum necessary to achieve the purpose of this Section.
3.
The Board of Alderman of the City of St. Robert shall have final approval authority over any proposed mixed-use ("MU") development.
L.
In an approval, the Board of Aldermen shall be permitted to attach such conditions as it deems necessary to secure compliance with the purposes set forth in this Section.
M.
The Board of Aldermen, as part of the approval of a mixed-use development, shall be permitted to require an applicant to make reasonable contributions to include, but not be limited to, any combination of the following:
1.
Dedication of land for public park purposes.
2.
Dedication of land for public road right-of-way and utility easement purposes.
3.
Construction of, or addition to, roads serving the proposed project when such construction or addition is reasonably related to the traffic to be generated.
4.
Installation of required traffic safety devices.
5.
Preservation of areas containing significant natural, environmental, historic, archeological or similar resources.
N.
Approval. The Planning and Zoning Commission shall have the authority to require that the following conditions for mixed-use development (among others it deems appropriate) be met by the applicant:
1.
The proponents intend to start construction within one (1) year of either the approval of the project or of any necessary zoning district change and intend to complete said construction, or approved stages thereof, within four (4) years from the date construction begins.
2.
The development is planned as one (1) complex land use rather than as an aggregation of individual and unrelated buildings and uses.
O.
Limitations On Application.
1.
Upon approval of a mixed-use development, construction shall proceed only in accordance with the plans and specifications approved for a mixed-use development and in compliance with any conditions attached to the approval of said mixed-use.
2.
Amendments to approved plans and specifications for a mixed-use shall be obtained only by following the procedures herein outlined for first approval.
3.
The Building Department shall not issue any building permit or certificate of occupancy for any proposed building, structure or use within the project unless such building, structure or use is in accordance with the approved development plans and with any conditions imposed in conjunction with its approval.
Section 404.026 Public Use "P-1" District.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The proceeding land uses are hereby designated as permitted uses to be located or developed within the Public Use "P-1" District.
1.
Government buildings and accessory structures.
2.
Hospitals and related buildings and accessory uses.
3.
Medical offices and clinics and related buildings and accessory structures.
4.
Medical and dental laboratories, not including manufacturing of pharmaceutical or other products for sale.
5.
Stadiums, auditoriums, convention and cultural centers maintained and operated by governmental entities.
6.
Churches and other similar places of worship and cemeteries.
7.
Public utility uses, public services and emergency warning systems.
8.
Public parks and recreation areas dedicated to the public use.
9.
Libraries, museums, memorials and art galleries.
10.
Public elementary and secondary schools, colleges, universities and vocational schools.
11.
Police and fire stations and rescue squad and ambulance services.
12.
Post offices and court buildings.
Section 404.027 Commercial Office "C-O" District.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The proceeding land uses are hereby designated as permitted uses to be located or developed within the Commercial Office "C-O" District.
1.
Offices or business uses relative to services offered by lawyers, accountants, appraisers, brokers, realtors, insurance agents and uses of similar character.
2.
Offices or business uses relative to services offered by engineers, architects, landscape architects, interior decorators and uses of similar character.
3.
Artists, photographers and sculptors.
4.
Authors, writers and composers.
5.
Physicians, dentists, chiropractors, excluding facilities where significant diagnostic or out-patient surgery is performed.
6.
Art, dance and music teachers.
7.
Museums, libraries, galleries and exhibit halls.
8.
Administrative offices relative to contract services provided to Federal, State and local agencies.
9.
Churches and other similar places of worship.
B.
The proceeding land uses are hereby designated as conditional uses that may be located or developed within the Commercial Office "C-O" District upon final approval of the Board of Aldermen.
Section 404.028 Neighborhood Commercial "C-1" District.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The proceeding land uses are hereby designated as permitted uses to be located or developed within the Neighborhood Commercial "C-1" District.
1.
Permitted uses authorized within a Commercial Office "C-O" District.
2.
Attached loft, studio or convenience apartment not to exceed one (1) bedroom.
3.
Antique shops, picture frame shops, craft stores, book and stationery stores.
4.
Beauty parlors, barbershops, hearing aid and eyeglass shops and other personalized services of similar character.
5.
Community and family fitness centers.
6.
Laundry and dry cleaning pickup service, shoe repair and self-service laundry.
7.
Tailor shops and shops dealing in customized clothing to include silk-screening, iron-on transfers and uses of similar character and intensity.
8.
Stand-alone business establishments that provide bakery goods, candy, dairy products, flowers, meat, poultry and fish products, newsstands, pet grooming, and video rentals without the use of drive-in or drive-through service.
B.
The proceeding land uses are hereby designated as conditional uses that may be located or developed within the Neighborhood Commercial "C-1" District upon final approval of the Board of Aldermen.
1.
Conditional uses authorized within a Commercial Office "C-O" District.
2.
Pharmacies.
3.
Community treatment center.
4.
Greenhouses, nurseries and garden shops.
5.
Grocery stores.
6.
Dress, clothing and shoe stores.
7.
Hardware stores, excluding lumber, plumbing and electrical specialty stores.
8.
Veterinary clinic, excluding animal hospitals.
Section 404.029 General Commercial "C-2" District.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The proceeding land uses are hereby designated as permitted uses to be located or developed within the General Commercial "C-2" District.
1.
Permitted uses authorized within a Neighborhood Commercial "C-1" District.
2.
Athletic clubs and fitness centers.
3.
Auto repair, body and paint shops, radiator repair.
4.
Car/truck wash establishments.
5.
Automobile sales and service, including tire sales, and rental of new or used vehicles (outside display permitted).
6.
Automobile service stations or garages, including sales of petroleum products.
7.
Automobile parts and accessory stores, including installation and repair.
8.
Boat and marine sales and service.
9.
Bowling alleys.
10.
Cold storage and self or mini-storage facilities.
11.
Restaurants with or without drive-through services.
12.
Funeral homes, without crematoriums.
13.
Furniture and/or appliance stores (new and used), sales and service, including rentals.
14.
Heating and air-conditioning sales and service, including customized sheet metal fabrication as an accessory activity.
15.
Hotels and motels and extended stay motels.
16.
Medical equipment and supplies sales and rental.
17.
Miniature golf courses and driving ranges.
18.
Monument sales, retail dealers (outside display permitted).
19.
Pest control services.
20.
Pet shops, animal hospitals, clinics and kennels.
21.
Plumbing and electrical shops.
22.
Printing, publishing, bookbinding and photo processing, including drive-through facilities.
23.
Produce market, retail (outside display permitted).
24.
Radio, camera and television repair shops.
25.
Recreation vehicle or mobile home sales or service (outside storage permitted).
26.
Telemarketers.
27.
Retail stores and other shops for custom work or making of articles to be sold at retail on the premises.
28.
Retail establishments which provide supplies and/or services primarily to commercial and industrial customers, such as janitorial services, packaging and shipping service, locksmith services, lithographing and engraving and blueprinting businesses.
29.
Recording studios.
30.
Secondhand goods store and pawnshops, excluding outside display of merchandise.
31.
Skating rinks, swimming pools, gymnasiums.
32.
Sporting goods sales.
33.
Taxi and limousine services.
34.
Theaters, motion picture and performing arts.
35.
Video game arcades and indoor amusement centers.
B.
The proceeding land uses are hereby designated as conditional uses that may be located or developed within the General Commercial "C-2" District upon final approval of the Board of Aldermen.
1.
Conditional uses authorized within a Neighborhood Commercial "C-1" District.
2.
Secondhand or used car sales yard, not including wrecking and repairing (outside display permitted).
3.
Bars, cocktail lounges and nightclubs (including dance halls).
5.
Adult business not having more than twenty percent (20%) of the net floor area of the business devoted to adult retail and adult media.
6.
Funeral homes, with crematoriums.
7.
Billiard or pool halls.
8.
Convenience stores, with or without gas pumps.
9.
Package liquor stores.
10.
Cabinet or carpentry shop, welding and machine shop.
11.
Advertising services (sign shop).
12.
Laboratories and other facilities of similar character, excluding facilities performing manufacturing operations.
13.
Radio and television stations.
14.
Telecommunication facilities, towers and antennas.
15.
Bus stations and terminals.
16.
Storage facilities that allow the outdoor storage of heavy construction equipment, boats, travel trailers, and/or motor vehicles.
[Ord. No. 3806, 12-21-2021]
Section 404.031 Industrial Light Hazard "I-1" Zoning District.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The proceeding land uses are hereby designated as permitted uses to be located or developed within the Industrial Light Hazard ("I-1") District.
1.
Permitted uses authorized within a General Commercial ("C-2") District.
2.
Temporary emergency construction facilities.
3.
Construction contractor's shop including, but not necessarily being limited to, plumbing, electrical, sign, painting, building, mechanical, sheet metal, foundation, cabinet making or roofing contractor's shop.
4.
Self-storage and mini-storage units and other uses of a similar character, which allow the storage of heavy construction equipment, boats, travel trailers or motor vehicles.
5.
Trade or vocational schools.
6.
Motor vehicle sales or rental, mobile home sales, sales with installation of motor vehicle parts or accessories, motor vehicle repair and maintenance (not including substantial body work).
7.
Motor vehicle painting and body work.
8.
Automobile parking garages and parking lots not located on a lot, which there is another principal to which parking is located.
9.
Storage of goods not related to sale or use of those goods on the same lot where they are stored.
11.
Scrap materials, salvage yards, junk yards and automobile graveyards, recycling industries.
12.
Veterinarian, animal hospital where kennels, pens and other facilities for the care and treatment of animals are located within or outside a completely enclosed building.
13.
Kennels, pens and other facilities for the care and treatment of animals are located within or outside a completely enclosed building.
14.
Commercial greenhouse operations.
15.
Moving companies that conduct operations associated with the transportation and temporary storage of household effects.
16.
Temporary structures used in connection with the construction of a permanent building for some non-recurring purpose.
17.
Gas stations, car washes.
18.
Towers or antennas less than fifty (50) feet in height.
B.
The proceeding land uses are hereby designated as conditional uses that may be located or developed within the Industrial Light Hazard ("I-1") District upon final approval of the Board of Aldermen.
1.
Conditional uses authorized within a General Commercial ("C-2") District.
2.
Churches, synagogues and temples (including associated residential structures for religious personnel and associated buildings, but not including elementary school or secondary school buildings) which are not located within five hundred (500) feet to an adjacent moderate hazard principal use.
3.
Lumberyard.
4.
Bakery.
5.
Bottling works.
6.
Wholesale establishment or warehouse.
7.
Truck terminal.
8.
Manufacture of textile products, such as rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics, printing and finishing of textiles and fibers into fabric goods.
9.
Compounding of cosmetics, toiletries, drugs and pharmaceutical products.
10.
Manufacture or assembly of metal or fiberglass products, such as boats, vehicles, farm equipment, auto or machine parts, satellite receivers, nails, bolts, nuts, screws and rivets, ornamental iron products, firearms, electrical appliances, tools, dies, machinery and hardware products, sheet metal products and vitreous enameled products.
11.
Manufacture or assembly of medical and dental equipment, drafting, optical and musical instruments, watches, clocks, toys, games and electrical or electronic apparatus.
12.
Preparation, processing, canning or bottling of food or beverage products, such as bakery products, candy, dairy products and ice cream, fruit and vegetable, fish, meat and poultry products.
13.
Manufacture or assembly of wood products, such as boxes, furniture, cabinets, baskets and other wood products of similar nature.
14.
Tire recapping.
15.
Recycling collection station.
16.
Automobile and motorcycle racing tracks.
17.
Drive-in movie theaters.
18.
Police stations.
19.
Fire stations.
20.
Rescue squads, ambulance services.
21.
Civil defense operation.
22.
Neighborhood utility facilities.
23.
Community or regional facilities.
24.
Mining or quarrying operations (including on-site sales of products).
25.
Airports.
26.
Military reserve, National Guard centers.
27.
Towers or antennas in excess of fifty (50) feet in height.
Section 404.033 Industrial Moderate Hazard "I-2" Zoning District.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The proceeding land uses are hereby designated as permitted uses to be located or developed within the Industrial Moderate Hazard ("I-2") District.
1.
Permitted uses authorized within an Industrial Light Hazard ("I-1") District.
2.
Contractors or storage yard enclosed by a fence.
3.
Welding or machine shop.
4.
Motor vehicle painting and body work.
5.
Moving companies that conduct operations associated with the transportation and temporary storage of household effects.
6.
Motor vehicle sales or rental, mobile home sales, sales with installation of motor vehicle parts or accessories, motor vehicle repair and maintenance (not including substantial body work).
B.
The proceeding land uses are hereby designated as conditional uses that may be located or developed within the Industrial Moderate Hazard ("I-2") District upon final approval of the Board of Aldermen.