Twin Oaks City Zoning Code
ARTICLE VII
"C" Commercial District Regulations
Section 400.280 Use Regulations.
[Ord. No. 20-21, 12-16-2020]
A.
Permitted Uses. The following are permitted uses in the "C" Commercial District; provided that a permanent building or premises shall be required for all permitted principal uses:
1.
Bakeries.
2.
Beauty shops.
3.
Bookstores.
4.
Churches, synagogues, and other houses of worship.
5.
Coffee shops.
6.
Copy, fax, packing and shipping services centers.
7.
Day care facilities.
8.
Gift shops.
9.
Greeting card shops and stationery stores.
10.
Ice cream and frozen custard shops.
11.
Internet web design centers.
12.
Nail care shops.
13.
Picture framing shops.
14.
Professional offices for accountants, attorneys, dentists and dental care, graphic design, insurance, physicians, and medical care (but not clinics), tax preparers and similar.
15.
Retail clothing shops.
16.
Retail dry cleaning establishments and laundries, provided that not more than eight (8) employees may be working on the premises at any time.
17.
Shoe repair shops.
18.
Tailor shops.
19.
Temporary buildings for uses incidental to construction, provided, that no such building shall be located within a required yard or within twenty-five (25) feet of any lot line and no trees shall be removed for the placement of such temporary building. The temporary building shall be removed upon the earlier occurring of one (1) year from initial placement of the temporary building, or upon the completion or abandonment of the work, unless express written permission to continue the location of such temporary building is granted by the Board of Aldermen upon good cause shown.
20.
Accessory uses and accessory buildings in conjunction with any of the above permitted principal uses, provided that no accessory building shall be erected or placed upon a lot until construction of the principal building(s) has commenced.
21.
A change from one (1) of the above-permitted uses to another above-permitted use within the same building or premises, provided that the change will not involve any of the following characteristics: a building or premises having more than ten thousand (10,000) square feet, new construction to the building or premises, or substantial change to the existing building or premises. If the proposed change will involve one (1) or more of the above-listed characteristics, the applicant must follow the development plan process detailed in Section 400.340 to seek approval for a planned use instead.
B.
Planned Uses.
1.
All uses designated as "planned uses" as set forth in this Subsection shall require the approval of a final development plan prior to the issuance of a building permit if they meet the criteria set forth in Section 400.340. The submission requirements, procedures and approval standards governing development plans are set forth in Section 400.340. Planned uses will be approved only if the Board of Aldermen, in its sole discretion, after review shall determine that the specific location and circumstances are appropriate for the use.
2.
The following are planned uses in the "C" Commercial District, provided that a permanent building or premises shall be required for all permitted principal uses:
[Ord. No. 23-12, 10-18-2023]
a.
Appliance and furniture stores.
b.
Banks.
c.
Bowling alleys.
d.
Business schools, dancing or music academies, cosmetology schools.
e.
Computer sales and service stores.
f.
Department stores.
g.
Drug stores and pharmacies.
h.
Food catering establishments.
i.
Grocery stores and supermarkets.
j.
Hardware stores.
k.
Liquor stores.
l.
Motor vehicle oriented businesses (MVOB).
m.
Movie theaters.
n.
Office supply stores.
o.
Pet shops.
p.
Physical fitness centers.
q.
Post offices.
r.
Restaurants.
s.
Shoe stores.
t.
Sporting goods stores (new merchandise only).
Section 400.290 Additional Use Requirements.
[Ord. No. 20-21, 12-16-2020]
No building or premises occupied and used for any of the permitted principal uses identified in Section 400.280 of this Chapter shall have more than forty percent (40%) of its floor area devoted to storage or other uses accessory to such permitted principal use nor more than five (5) persons employed at any time in such accessory use.
Section 400.295 Licensing and Spacing Requirement for Marijuana Facilities.
[Ord. No. 20-21, 12-16-2020; Ord. No. 23-07, 5-17-2023]
A.
State License Required. All marijuana facilities must have the appropriate license and any other required authorization to operate the marijuana facility from the Missouri Department of Health and Senior Services to operate in the City. Applicant may seek zoning approval prior to being granted a State license, but no final approval shall be given until such State-issued license has been obtained and satisfactory proof of such licensure has been provided to the City. Continued operation in the City shall always require such licensure to remain valid. All marijuana uses shall display their license issued by the State of Missouri and any licenses issued by the City in a prominent place in plain view near the front entrance of the facility as required by State regulations.
B.
Spacing.
1.
No marijuana facility, whether in the "C" District or a "PD-RxM" District, shall be located within one hundred (100) feet of any then-existing elementary school, secondary school, child day-care facility, or church. As used in the previous sentence, "then-existing" shall mean any elementary school, secondary school, child day-care center, or church with a building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana facility applies for a zoning permit.
2.
No dispensary facility shall be located within one thousand (1,000) feet of any other dispensary facility.
3.
The spacing requirements between two (2) marijuana facilities or between a marijuana facility and an elementary school, secondary school, child day-care facility, or church contained herein shall be measured as follows:
a.
In the case of a freestanding marijuana facility, the distance between the proposed marijuana facility and either: (1) an existing marijuana facility; or (2) an elementary school, secondary school, child day-care facility, or church shall be measured from the external wall of the proposed marijuana facility structure closest in proximity to the existing marijuana facility, elementary school, secondary school, child day-care facility, or church to the closest point of the property line of the existing marijuana facility, elementary school, secondary school, child day-care facility, or church. If the existing marijuana facility, elementary school, secondary school, child day-care facility, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the existing marijuana facility, elementary school, secondary school, child day-care facility, or church closest in proximity to the proposed marijuana facility.
b.
In the case of a proposed marijuana facility that is part of a larger structure, such as an office building or strip mall, the distance between the proposed marijuana facility and the existing marijuana facility, elementary school, secondary school, child day-care facility, or church shall be measured from the property line of the existing marijuana facility, elementary school, secondary school, child day-care facility, or church to the proposed marijuana facility's entrance or exit closest in proximity to the existing marijuana facility, elementary school, secondary school, child day-care facility, or church. If the existing marijuana facility, elementary school, secondary school, child day-care facility, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the existing marijuana facility, elementary school, secondary school, child day-care facility, or church closest in proximity to the proposed marijuana facility.
c.
Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
Section 400.300 Height Regulations.
[Ord. No. 20-21, 12-16-2020]
A.
Except as provided in this Section, no building shall exceed thirty-five (35) feet in height.
B.
Churches, synagogues, and other houses of worship may exceed thirty-five (35) feet in height to a maximum of sixty (60) feet in height.
C.
Chimneys, rooftop mechanical appurtenances and other purely ornamental or mechanical accessories shall not exceed the highest point of the building by more than ten percent (10%) unless otherwise required by applicable building codes.
Section 400.310 Area Regulations.
[Ord. No. 20-21, 12-16-2020]
A.
No building shall be erected or maintained, nor vehicular parking area provided within thirty (30) feet of any boundary of a "C" Commercial District. This area may, however, be occupied by drives, sidewalks, landscaping, and similar facilities.
B.
A buffer strip of not less than fifty (50) feet in width shall be provided along any perimeter of a commercial development which adjoins an "A" Single-Family Dwelling District, a "B" Single-Family Attached Dwelling District or a "D" Park District, except where abutting a public street. No drive, walkway, parking space or vehicular travel way shall occupy any portion of the buffer strip, provided that the Board of Aldermen may require that the buffer strip be supplemented with additional plantings, landscaping and fencing.
C.
Buffer strips and all landscaping therein once implemented shall be maintained by the property owner/occupant in accordance with any approved landscape plan for the area. Any change to such buffer strips from the approved site plan shall require an amendment to the site plan prior to any work commencing.
Section 400.320 Off-Street Parking Facilities In "C" Residential Districts.
[Ord. No. 20-21, 12-16-2020]
Off-street parking facilities shall be provided as required in Section 400.400 of this Chapter except where modified by the Board of Aldermen in accordance with approval of a development plan or limited development plan as provided in this Article.
Section 400.330 Site Design Requirements - "C" District.
[Ord. No. 20-21, 12-16-2020; Ord. No. 25-08, 8-6-2025]
A.
The following requirements are supplementary to additional use requirements, height regulations, area regulations and parking regulations set forth in this Article and together with the provisions of this Section shall be minimum standards for site design and building construction, reconstruction or use within a "C" Commercial District.
1.
All uses, except off-street parking and loading facilities and facilities for storage and removal of refuse, shall be conducted entirely within an enclosed building or structure unless a conditional use permit (if permanent) or special event permit (if temporary) is issued by the Board of Aldermen.
2.
Building materials and facades shall be uniform and compatible in type, color and texture with the existing City environment and shall adhere to the Urban Design Guidelines of the City of Twin Oaks, a copy of which is on file in the City office and incorporated in this Section by reference.
3.
All portions of required buffer strips shall be adequately landscaped as determined by the Board of Aldermen utilizing plantings, fencing or a combination of both. Any parking area visible from a public or private street shall be landscaped with appropriate plantings, trees, decorative walls, or a combination of these elements. All landscaped areas shall be properly irrigated and maintained at all times.
4.
All loading areas shall be screened from view from adjoining streets and adjacent properties and all facilities for storage and removal of refuse shall be located within sight-proof enclosures.
5.
No light standard shall exceed twenty-four (24) feet in height. All on-site illumination sources shall be located, oriented, and directed such that no light is cast directly on any adjoining property or street.
6.
All rooftop mechanical equipment shall be adequately screened as determined by the City.
7.
All utility lines shall be installed underground and shall rise within proposed buildings.
8.
All development activity shall minimize soil and site disturbance and erosion. Where site disturbance is necessary, adequate erosion control measures as determined by the City utilizing plantings, seeding, mulching and silt catchment basins and similar methods shall be applied.
Section 400.340 Development Plan Process And Limited Development Plan Process.
[Ord. No. 20-21, 12-16-2020]
A.
Purpose. To avoid unplanned, fragmented development, the City has developed a plan ("Master Development Plan") to address and evaluate all future redevelopment activities within the City's commercial district. Therefore, certain applications for "redevelopment" or "development" within any of the City's commercial districts shall be subject to "development plan" approval process set forth herein where specified circumstances exist. It is the intent of this Section to authorize these "planned uses" only where the location and circumstances are appropriate to the use and a development plan is approved by the Board of Aldermen for any use designated as a planned use. It is also the intent of this Section to increase the flexibility of development design through evaluation and approval of a redevelopment plan. Approval of a redevelopment plan shall be considered a legislative act of rezoning. Any ordinance approving a redevelopment plan shall be deemed to incorporate the provisions of this Section.
B.
Development Plan Process.
1.
Applicability. The development plan process set forth in this Section shall be required when any one (1) of the following situations is proposed:
a.
New construction of buildings;
b.
Expansion of existing buildings in excess of ten percent (10%) of the existing floor area;
c.
Any alteration which changes existing drive aisles or vehicle access to or on the site;
d.
Any alteration to the site which would result in more than one (1) curb cut;
e.
Any development or expansion of motor vehicle oriented business; or
f.
Any change from a permitted use, approved planned use or approved conditional use to a new use listed as a planned use if such change relates to a building or premises having more than ten thousand (10,000) square feet, new construction to the building or premises, or substantial change to the existing building or premises.
2.
Preliminary Development Plan Submittal Requirements. Persons proposing any development or use which involves one (1) or more of the situations set forth in Subsection (A)(1) of this Section shall initially file with the City Clerk an application on forms provided by the City and accompanied by such application fees as may be prescribed from time to time by ordinance together with twelve (12) copies of a proposed preliminary development plan and support documentation, which preliminary development plan shall be prepared by a licensed professional engineer, architect or land surveyor and shall include the following information:
a.
Names of the developer or owner of the real property and of the professional engineer, architect or land surveyor responsible for preparation of the proposed development plan and total site area in acres or square feet;
b.
Proposed location of buildings, other structures and proposed lot boundaries and arrangements, i.e., ground leases, subdivisions, dedications;
c.
Location of existing buildings, other structures and existing and lot boundaries and arrangements including easements and dedications;
d.
Identification and location of adjacent uses and property ownership to a distance of one hundred (100) linear feet from site boundaries;
e.
Identification of land areas within the 100-year floodplain;
f.
Existing and proposed grading and areas of cut and fill at a minimum contour interval of two (2) feet and one (1) foot in areas where average slopes are five percent (5%) or less, together with proposed retaining walls or similar slope stabilization structures or methods, identifying height and type of materials to be utilized;
g.
Landscaping and natural resources protection plan depicting location and massing of existing vegetation and trees; existing streams, watercourses and natural features together with specific measures to be taken to preserve or minimize development impacts; proposed landscaping and plantings including plant materials and sizes; identification of screening and buffer areas, open space and other amenities;
h.
Traffic and parking plan depicting location of public streets, identifying arterials, collectors and local streets; service and loading areas; points of access to public rights-of-way; existing and proposed parking areas, drives and pedestrian walks; and, as required by the Board of Aldermen, traffic studies and counts describing vehicle turning movements, peak and off-peak traffic impacts, existing and proposed levels of service and such other information and analyses as may be required;
i.
Existing and proposed water, sanitary sewerage, and storm utility systems including drainage structures, inlets and provisions for on-site stormwater retention and for minimizing impact on existing drainage patterns and facilities;
j.
Elevations of proposed buildings and building masses depicting general style, size, and exterior construction materials. Where several building types are proposed, a separate sketch shall be prepared for each type;
k.
Size, location, color and materials of all signs to be attached to building exteriors;
l.
Schedules indicating gross floor area, site area, building coverage, parking spaces, and proposed plant materials by type, size and quantity;
m.
Phases of development, if applicable.
3.
Review Procedures; Public Hearing. Upon the filing of the application for development plan, the City Clerk, after providing copies of the application to the Board of Aldermen, shall refer the same to the Planning and Zoning Commission for review, study and report and the Planning and Zoning Commission shall report to the Board of Aldermen recommendations regarding the application and the development plan. Upon receipt of the recommendations of the Planning and Zoning Commission, the City Clerk shall schedule a public hearing before the Board of Aldermen after giving notice of the time, place, and purpose of such hearing by publication at least once in a newspaper of general circulation within the City at least fifteen (15) days prior to the date of the public hearing. After the public hearing, the Board of Aldermen shall review the application and development plan. Any Board approval of a preliminary development plan shall be by resolution. The Planning and Zoning Commission and the Board of Aldermen shall apply the minimum standards for site design and building construction set forth in this Article, the Master Development Plan and its Urban Design Guidelines as a guide for review of proposed preliminary development plan applications. If the Board of Aldermen imposes conditions or restrictions on a proposed preliminary development plan, the Board of Aldermen shall designate those specific requirements that must be met before an applicant may submit for consideration a final development plan for the proposed development under Subsection (B)(4) below. In considering any proposed preliminary development plan application, consideration may also be given to the criteria stated below, to the extent pertinent to the particular application:
a.
Development is compatible with and incorporates standards and principles contained in the minimum standards for site design and building construction set forth in this Article, the Master Development Plan, the Master Landscaping Plan, and the Urban Design Guidelines.
b.
Development is designed, located, and proposed to be operated so that the public health, safety, and welfare will be protected.
c.
Development will not impede the normal and orderly development and improvement of the surrounding property nor impair the use and enjoyment or value of neighboring properties.
d.
Development incorporates adequate ingress and egress and an internal street network that minimizes traffic congestion.
e.
The capability of the site area and location to accommodate the building, parking areas and drives with appropriate open space and safe and easy ingress and egress.
f.
The degree of harmony between the architectural quality and siting of the proposed buildings with that of surrounding buildings and structures.
4.
Duration Of Plan Approval — Final Development Plan Submittals. The approved preliminary development plan shall specify the duration of its validity, but in no event shall an approved preliminary development plan be valid for a period longer than twelve (12) months from the date of such approval. The Board of Aldermen may grant one (1) extension not exceeding twelve (12) months upon written request. The approval of a revised preliminary development plan shall not automatically extend the time period during which the preliminary development plan is valid. Within the period of validity of an approved preliminary development plan, the applicant shall submit to the Board of Aldermen for final approval a final development plan which shall satisfy all submission requirements of the preliminary development plan and shall additionally provide:
a.
Finished grades or contours for the entire site.
b.
All proposed and existing adjacent public street rights-of-way with centerline location.
c.
All proposed and existing adjacent public street and public drive locations, widths, curb cuts and radii.
d.
Location, width, and limits of all existing and proposed sidewalks.
e.
Location, size, and radii of all existing and proposed median breaks and turning lanes.
f.
Distance between all buildings, between buildings and property lines and between all parking areas and property lines.
g.
Depiction of all required building and parking setbacks.
h.
Location, dimensions, number of stories and area in square feet of all proposed buildings.
i.
Limits, location, size, and material to be used in all proposed retaining walls.
j.
Location and dimensions of all driveways, parking lots, parking stalls, aisles, loading and service areas and docks.
k.
Location, height, intensity, and type of outside lighting fixtures for buildings and parking lots.
l.
Location, size, and type of material of all proposed monument or freestanding signs.
m.
Final stormwater collection and detention and erosion control plans.
n.
Final water and sanitary sewerage plans.
o.
Final written approval from all interested jurisdictions, including MSD and Valley Park Fire District or West County Fire District, as applicable.
p.
Final landscaping and natural resources protection plans.
5.
Final Development Plan Review. A final development plan that contains no changes or additions to the approved preliminary development plan may be approved by the Board of Aldermen without further Planning and Zoning Commission review upon a determination that all conditions of approval of the preliminary development plan, if any, have been satisfied by the applicant, and that all other submission requirements have been satisfied. A final development plan that contains minor changes to the approved preliminary development plan may be approved by the Board of Aldermen provided that the Board of Aldermen determines that the landscaping, buffer area and screening plans are adequate, that the proposed development will be compatible with proposed and existing adjacent development, and that all other submission requirements have been satisfied. The phrase "minor changes," as used in this Subsection, shall mean changes that do not affect traffic or pedestrian access and otherwise are consistent with the intent of the original approval. A final development plan that contains changes, other than minor changes, from the approved preliminary development plan shall follow the procedure for application, submission, and consideration of preliminary development plan applications. Any approval of a final development plan by the Board of Aldermen shall be by ordinance.
6.
Validity Of Final Development Plan. Final development plan approval shall not be valid for a period longer than twelve (12) months from the date of such approval, unless within such period a building permit is obtained, and substantial construction is commenced, and all additional building permits necessary to complete the project as approved in the final development plan schedule are obtained in a timely fashion as determined by the City Clerk. The Board of Aldermen may grant one (1) extension of no more than twelve (12) months upon written request of the original applicant. An application for extension of a final development plan may be granted, if the application is filed before the final development plan expires. Upon granting an extension, the Board of Aldermen shall have the authority to attach new conditions to the final development plan as the Board deems appropriate. "Substantial construction," as used in this Subsection, shall mean completion of at least ten percent (10%) of the construction in terms of the total expected cost of the project for which the permit was issued.
7.
Plan Recordation. Following the Board of Aldermen's approval by ordinance of a final development plan, a copy of the final development plan signed by the Mayor shall be filed by the applicant with the Recorder of Deeds of St. Louis County within sixty (60) days. All filing fees shall be paid by the person who filed the development plan application. The authorization for the use approved by the final development plan shall not become effective until a copy of the recorded plan bearing its recordation notations shall be returned and placed on file with the City Clerk.
8.
Abandonment.
a.
A final development plan or a phase thereof shall terminate and be deemed abandoned if:
(1)
The applicant or landowner shall fail to commence development by failing to receive a building permit or failing to undertake substantial construction on the property after receiving a building permit within twelve (12) months after receiving final development plan approval, or a longer period of time if an extension of the final development plan has been granted by the Board of Aldermen; or
(2)
The applicant or landowner abandons the final development plan or a phase thereof and notifies the City, in writing, of the abandonment; or
(3)
The applicant, successor applicant or landowner seeks to change a project after approval of a final development plan but fails to submit an application for an amended final development plan as set forth in Section 400.340(B) within ninety (90) days of the change or attempted change to the project provided that the Board of Aldermen may extend this deadline up to sixty (60) days for good cause shown.
b.
Whenever a final development plan or phase thereof has been abandoned as provided in this Subsection, no development shall take place on the property until a new final development plan has been approved.
C.
Changes To A Project After Final Development Plan Approval. Prior to changes being made to a site that is the subject of an approved final development plan, the approved final development plan must be amended in the following circumstances using the process set forth below.
1.
Minor Changes. A proposed amendment of a final development plan that contains minor changes to the approved final development plan may be approved without further action of the Planning and Zoning Commission or the Board of Aldermen or a public hearing, provided that the City Engineer and City staff determines that the change(s) is a minor change and that the landscaping, buffer area and screening plan is adequate, that the proposed changes to the development will be compatible with proposed and existing adjacent development and that all other submission requirements have been satisfied. The phrase "minor changes," as used in this Subsection, shall mean changes that:
a.
Accommodate the building(s), parking and drives with appropriate open space and safe and easy ingress and egress with no traffic congestion and/or loss in required parking or landscaping.
b.
Are compatible with the minimum standards for site design and building construction set forth in this Article, the Master Development Plan and its Urban Design Guidelines, any supplement thereto and/or adopted regulations and the criteria governing the rezoning of property.
c.
Are consistent with the intent, density, and scope of the original approval.
d.
Are designed, located, and proposed to be operated so that the public health, safety, and welfare will be protected and will not impair the use and enjoyment or value of neighboring properties.
e.
Are architecturally consistent with and of a similar quality of the proposed building and the surrounding neighborhood.
f.
Do not seek to modify the minimum dimensions and areas of lots and yards set forth in the applicable zoning district regulations or the approved final development plan.
2.
All Other Changes — Amended Final Development Plan. A proposed use of a site that contains changes other than minor changes from the approved final development plan shall follow the procedure for application, submission and consideration of final development plans and an amending ordinance by the Board of Aldermen.
3.
Indication Of Changes. All applications for amendment shall be accompanied by a narrative statement that describes the proposed changes to the site and site plans that indicate existing conditions and proposed changes to the approved plan sought by the applicant.
D.
Limited Development Plan Process.
1.
Applicability. The limited development plan process set forth in this Section shall be required when any of the following situations is proposed:
a.
Any alteration, expansion or modification to a site or the exterior of a structure located within a "C" Commercial District which is listed as a planned use but does not require a development plan process review and approval under Subsection (A) of this Section; or
b.
Any change in use to another use which is a planned use in the "C" Commercial District provided that no development plan or limited development plan approval under this Section shall be required where the proposed activity is limited to a change in ownership or a change in tenant occupancy that does not involve a change in use.
2.
Limited Development Plan Submittal Requirements. Persons proposing any development or use which involves one (1) or more of the situations set forth in Subsection (B)(1)(a) of this Section shall initially file with the City Clerk an application on forms provided by the City and accompanied by such application fees as the Board of Aldermen may prescribe from time to time by ordinance together with twelve (12) copies of a proposed limited development plan and support documentation which shall include the following information:
a.
A written detailed description of the proposed use of the property;
b.
A sketch plan of the site (may be hand drawn) showing approximate location of buildings, other structures and lot arrangements as well as any proposed landscaping or exterior improvements and proposed location and type of signage;
c.
The approximate gross floor area of existing and proposed use;
d.
A description of the expected parking needs;
e.
Details of any proposed improvements to the property;
f.
A description of the types of products to be sold or services to be provided;
g.
The proposed hours and days of operation;
h.
The maximum number of employees;
i.
The date on which the applicant proposes to begin the use;
j.
A description of any other existing uses and/or tenants on the property;
k.
A description of the uses of adjacent properties; and
l.
Any State or St. Louis County licensing requirements for the proposed use along with copies of all licenses obtained.
3.
Review Procedures.
a.
The application for limited development plan shall be referred to the Planning and Zoning Commission for review and study after which the Planning and Zoning Commission shall report to the Board of Aldermen recommendations regarding the application and the limited development plan. The Board of Aldermen and the Planning and Zoning Commission shall apply the minimum standards for site design and building construction set forth in this Article, the Master Development Plan, the Master Landscaping Plan, and the Urban Design Guidelines as a guide for review of proposed limited development plan applications. The Board of Aldermen may impose conditions or restrictions on a proposed limited development plan. In considering any proposed limited development plan application, the Commission and Board of Aldermen shall also consider the criteria stated below, to the extent pertinent to the particular application:
(1)
The use is compatible with and incorporates standards and principles contained in the minimum standards for site design and building construction set forth in this Article, the Master Development Plan, the Master Landscaping Plan, and the Urban Design Guidelines.
(2)
The use is designed, located, and proposed to be operated so that the public health, safety, and welfare will be protected.
(3)
The use will not impede the normal and orderly development and improvement of the surrounding property nor impair the use and enjoyment or value of neighboring properties.
(4)
The site incorporates adequate ingress and egress and an internal street network that minimizes traffic congestion.
(5)
The capability of the existing site to accommodate the use, building, parking, and drives.
(6)
The effect of the proposed limited development plan on other tenants or users of the property.
b.
Approval of any limited development plan shall be by ordinance following conclusion of a public hearing thereon after giving notice of the time, place, and purpose of such hearing by publication at least once in a newspaper of general circulation within the City at least fifteen (15) days prior to the date of the public hearing.
4.
Plan Recordation. Following the Board of Aldermen's approval by ordinance of a limited development plan, a copy of the limited development plan signed by the Mayor shall be filed by the applicant with the Recorder of Deeds of St. Louis County within sixty (60) days. All filing fees shall be paid by the person who filed the development plan application. The authorization for the use approved by the limited development plan shall not become effective until a copy of the recorded plan bearing its recordation notations shall be returned and placed on file with the City Clerk.
5.
Abandonment.
a.
An approved limited development plan shall terminate and be deemed abandoned if:
(1)
The applicant or landowner shall fail to commence the use by failing to receive a building permit or occupancy permit within twelve (12) months after receiving limited development plan approval, or a longer period of time if an extension of the final development plan has been granted by the Board of Aldermen; or
(2)
The applicant or landowner abandons the site or the limited development plan and notifies the City, in writing, of the abandonment; or
(3)
The applicant, landowner or subsequent applicant/owner seeks to substantially change the project after limited development plan approval but fails to submit an application for a new application for a limited development plan as set forth in Section 400.340(C)(2) within sixty (60) days of the change or attempted change to the project, provided that the Board of Aldermen may extend this deadline up to sixty (60) days for good cause shown.
b.
Whenever a limited development plan has been abandoned as provided in this Subsection, no change in use shall take place on the property until a new limited development plan has been approved as provided in this Article.