Town And Country City Zoning Code
ARTICLE XXII
Assisted Living Development
Section 405.1500 Purpose.
[Ord. No. 3952 §1, 11-9-2015]
A.
The purpose of the assisted living development "AL" regulation is to allow the integration of pointed uses within specific locations of the Commercial "C" Zoning District. It is intended that assisted living developments should be well integrated in terms of application, functional systems, and major design elements such as architecture, access and infrastructure. Design standards should be supportive of the surrounding developments in which the application is made and should enhance the overall use and economic patterns of the area.
B.
Assisted living development regulations provide the City with flexibility in consideration of the application of uses and enable it to adjust development regulations to particular site conditions. Assisted living developments may be developed only in accordance with approved site plans and conditions enumerated in ordinances for particular developments.
C.
Unless specifically provided herein, the regulations and performance standards pertaining to the Commercial "C" Zoning District apply for all uses in the assisted living development.
D.
Interpretation. The following standards are intended to supplement those set forth in Article VIII and Article XI of this Chapter. Only where particular specifications are set forth herein do those specifications override those set forth in Article VIII and Article XII of this Chapter.
Section 405.1505 Application to Particular Parcels of Land.
[Ord. No. 3952 §1, 11-9-2015]
A.
An assisted living development may be established on a tract of land zoned Commercial "C" where the subject development is a parcel or assemblage of parcels of consisting of less than four (4) acres, is adjacent to a State highway, does not have access from said highway, is under single ownership or management contract at the time of the application in the "C" Zoning District, upon a finding by the Board that the particular assisted living development proposed:
1.
Would provide for use of the site in a manner compatible with natural resources or other site conditions or with adjoining uses or conditions;
2.
Would be consistent with good general planning practice and with good site planning;
3.
Could be constructed and maintained in a manner that is not detrimental to adjoining uses or the permitted uses of the zoning districts;
4.
Would be visually compatible with the uses or development character of the adjacent area; and
5.
Would be desirable to promote the general welfare of the City, in accordance with this Article.
Section 405.1510 Establishment of an Assisted Living Development - Generally.
[Ord. No. 3952 §1, 11-9-2015]
A.
An Assisted Living Development shall be deemed approved when:
1.
A preliminary site development plan "PSDP" for an assisted living development is approved by the Board of Aldermen after a report from the Planning and Zoning Commission, and an ordinance setting forth the permitted uses, the performance standards governing those uses, and other conditions of development is enacted in accordance with this Chapter;
2.
A final site development plan is approved by the Planning Director and recorded in the office of the St. Louis County Recorder of Deeds in compliance with the Zoning Code and ordinance for the assisted living development; and
3.
All other applicable provisions of the Municipal Code are satisfied, unless otherwise stated in this Article.
4.
Failure to comply with the time limits set forth herein, or as extended by the Board, for presentation of a final site development plan or for commencement of construction in accordance with the requirements of this Zoning Code and the ordinance for the assisted living development shall result in the rescission by operation of law of the ordinances approving the development or the preliminary site development plan for the development.
Section 405.1515 Permitted Uses.
[Ord. No. 3952 §1, 11-9-2015]
A.
The following uses are permitted in the assisted living development:
1.
All uses permitted as indicated in Section 405.625 of this Chapter for the Commercial "C" Zoning District unless otherwise stated in this Article.
2.
Assisted living facilities.
Section 405.1520 Conditional Uses.
[Ord. No. 3952 §1, 11-9-2015]
All uses permitted as conditional uses as indicated in Section 405.630 of this Chapter for the Commercial "C" Zoning District, if approved pursuant to the regulations of this Chapter concerning conditional uses and in accordance with the standards and procedures of Sections 405.180 through 405.220 of this Chapter.
Section 405.1525 Temporary Uses.
[Ord. No. 3952 §1, 11-9-2015]
All uses permitted as temporary uses as indicated in Section 405.475 of this Chapter for the Commercial "C" Zoning District are permitted in accordance with and shall comply with the requirements of Section 405.240.
Section 405.1530 Bufferyard Standards.
[Ord. No. 3952 §1, 11-9-2015]
A.
An assisted living development shall be in accordance with Section 405.640 unless otherwise stated in this Article.
B.
Location Of Bufferyards. Bufferyards are to be located at the exterior perimeter of each development extending to the development property line.
1.
When installation of the bufferyard would interfere with an ongoing use of the property as required by easement or transfer of rights to another party, said bufferyard may be relocated, reduced or eliminated for the affected section of the property line so as not to interfere with said ongoing use.
2.
Bufferyards may not be located on a portion of an existing or dedicated public or private street or right-of-way, or an adjacent parcel unless a dedicated easement is provided for such purpose in perpetuity.
3.
Bufferyards may have a variable width but on average shall be at least five (5) feet in width.
4.
No bufferyards shall be required along streets or roadways.
5.
If an existing stormwater facility is located within an existing bufferyard and the improvement requirements of the public utility require modification to the existing facility, these improvements shall be allowed upon review of specific conditions and with the approval of the Board of Aldermen pursuant to these regulations.
6.
Bufferyards may have fences made of wood, composite material with wood appearance or masonry, in which case they may extend to the property line.
C.
Determination of plant units.
1.
Plant unit requirements for an assisted living development shall be in accordance with Section 405.310 unless otherwise stated in this Article.
2.
In an assisted living development where a bufferyard or landscaping standard refers to plant units per acre or part thereof or plant units per number of linear feet the number of plant units or calculated fraction thereof is to be installed utilizing the entirety of the property boundary in an effort to take advantage of unique features and geometry.
Section 405.1535 Landscape Standards on Lot.
[Ord. No. 3952 §1, 11-9-2015]
An assisted living development shall be in accordance with Section 405.645 unless otherwise stated in this Article.
Section 405.1540 Landscape Standards for Parking Lots.
[Ord. No. 3952 §1, 11-9-2015]
An assisted living development shall be in accordance with Section 405.650 unless otherwise stated in this Article.
Section 405.1545 Natural Resource Protection.
[Ord. No. 3952 §1, 11-9-2015]
A.
An assisted living development shall be in accordance with Section 405.335 unless otherwise stated in this Article.
B.
Replacement of woodlands. Whenever the requirements of Section 405.335D would render a lot unbuildable, the developer may clear or develop more woodlands than otherwise permitted to be disturbed by 405.335D(1). This additional disturbance shall be permitted only where the following conditions are met:
1.
The developer shall designate a new woodland area on a part of the site not forested.
2.
The new woodland area shall consist of one and two-tenths (1.2) times the surface acreage of the woodland area disturbed pursuant to this Subsection.
3.
The new woodland may be included on an adjacent parcel if it meets the following requirements:
a.
Provides additional screening for portions of the site including detention facilities.
b.
Is in an easement dedicated in perpetuity for such use.
4.
Within each acre of newly designated woodland area the following plantings shall be made:
a.
One (1) canopy tree, minimum of four (4) inch caliper;
b.
Five (5) canopy trees, minimum of three (3) inch caliper;
c.
Seventy-five (75) canopy trees, minimum six (6) to eight (8) feet high whips;
d.
Eight (8) understory trees, minimum one and one-half (1.5) inch caliper or five (5) feet high for multi-stemmed clumps;
e.
Thirty (30) shrubs (deciduous or evergreen), minimum eighteen (18) inches high.
Section 405.1550 Off-Street Parking and Loading Requirements.
[Ord. No. 3952 §1, 11-9-2015]
A.
An assisted living development shall be in accordance with Section 405.655 unless otherwise stated in this Article.
B.
Any use with a gross floor area of six thousand (6,000) square feet or more must provide a minimum of one (1) off-street loading facility in accordance with the requirements specified in Section 405.340.
C.
All uses shall provide parking spaces as indicated below:
Use | No. of Spaces Based on Maximum Capacity | |
|---|---|---|
Uses enumerated in Commercial "C" Zoning District | As indicated in Section 405.340 | |
Assisted living | 1 space per 4 beds, plus 1 space per employee during the largest shift |
Section 405.1555 Compliance.
[Ord. No. 3952 §1, 11-9-2015]
A.
All uses and activities shall comply fully with the provisions of the following standards as a precondition of being permitted as an assisted living development and be approved in accordance with the procedures for site plan review set forth in Section 405.260.
1. | Maximum development area | 4 acres | |
2. | Minimum setback from street(s) | 58.5 feet | |
3. | Minimum side yard setback | 10 feet | |
4. | Minimum rear yard setback | 20 feet | |
5. | Minimum green space | 56% | |
6. | Maximum building height | 3 story, up to 50 feet front and 62 feet 5 inches rear | |
7. | Maximum building footprint | 20% | |
8. | Maximum floor area | 54% |