The regulations set forth in this section, or set forth elsewhere in this zoning code, when referred to in this section, are the district regulations in the "B1" planned, multiple family residence district.

In order to provide for apartments of integrated design and appropriate locations, the "B1" planned multiple family residence district is hereby established. Such district shall be laid out and developed as a unit according to an approved plan as provided below so as to accomplish such purpose.

a.

The owner of any parcel of land may submit to the city council a plan for the use and development of all or part of such parcel for the purpose of meeting the requirements set forth in this section.

b.

Within the "B1" planned multiple family residence district, a building or premises may be used only for uses found in section 53.159 of article IV other facilities ordinarily incidental to garden apartment uses. The apartment area shall be designed as a whole, unified single project in compliance with the following minimum requirements, and, if built in stages, each stage shall conform with the approved plan.

c.

Wireless telecommunication towers, facilities, antenna arrays, appurtenances and related structures including but not limited to television, radio, voice, data and video transmissions with an exception granted under the provisions of section 53.307c.6. (see sections 53.221 et seq for the requirements for this use)

(Ord. No. 9037, §1, 10-2-2018, Ord. No. 9038, §1, 10-16-2018)

Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in section 53.180 of the City of Webster Groves Code except as noted below.

a.

Off street parking spaces shall be provided in the ratio of not less than one and one-half parking spaces for each dwelling unit; such parking is to be located in the side or rear yard and accessible to the street by a one-way drive around the building or buildings, or by a two-way drive on one side. If garages or carports are provided, not more than 40 percent of the required rear yard shall be covered by such structures. No driveway or parking space shall be closer than ten feet to any side or rear lot line.

a.

Height. The height of buildings shall not exceed three stories except that buildings with a 20 percent or less lot coverage may be erected to a height not to exceed four stories.

b.

Front yard. The front yard requirement for new construction shall be no less than 30 feet from the front property line and if required by the plan commission, shall be 40 feet from the front property line. In addition, in the case of property having a frontage on two streets or at an intersection, the Plan commission may require a front yard of not less than 30 nor more than 40 feet from the front property line on each intersecting street or each street comprising the corner on which the premises are located.

c.

Side yard.

1.

A building with an entrance or entrances facing the side yard shall have a minimum distance from the side lot line of 17 feet and all other building faces shall have a minimum side yard of ten feet from the side lot line.

2.

For the purpose of the side yard regulations, a two-family dwelling, or a multiple dwelling, shall be considered as one building occupying one lot.

d.

Rear yard. All rear yards shall have a minimum depth of 40 feet.

e.

Intensity of use. The aggregate gross area of the building or buildings shall not exceed 30 percent of the entire lot area with a minimum of 1,200 square feet of lot area per family.

f.

Yard projections.

1.

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum side yard more than 24 inches.

2.

Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet above the level of the ground may project into a required yard, provided these projections be distant at least three (3) feet from the adjacent side lot lines.

3.

Open lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the building inspector for a distance of not more than three and one-half feet and where the same is so placed as not obstruct light and ventilation.

g.

Retaining walls.

1.

Any retaining wall that is six feet in height or greater and used to elevate a site above the finished grade of a neighboring property shall be located within the buildable area of the lot.

2.

Any retaining wall that is greater than three feet in height, and less than six feet, and used to elevate a site above the finished grade of a neighboring property shall be located a minimum of five feet from a side or rear property line.

h.

Open space.

1.

In the event that a lot or tract is to be occupied by a group of two or more related buildings to be used for residential or institutional purposes, there may be more than one main building on the lot, provided, however, that the open space between buildings that are parallel or within 45 degrees of being parallel, shall have a minimum dimension of 30 feet for one-story buildings, 40 feet for two-story buildings, and 50 feet for three-story buildings.

a.

All roads, parking areas and walks shall be paved with hard surfaced material meeting application specifications of the city.

b.

No expansion or conversion of an existing structure for multiple family shall be permitted except on the basis of a detailed site plan to be approved by the city plan commission, showing the relationship of yards, off street parking, and other open spaces, to surrounding property and shall comply with these regulations as in the case of new construction.

c.

Any part of the project area not used for buildings or other structures, or for parking, loading or access ways shall be landscaped with grass, trees, shrubs and, where needed, pedestrian walk.

d.

Reasonable additional requirements as to landscaping, lighting, screening, access ways, building distances and yard limitations may be imposed by the city plan commission for the protection of adjoining residential property.

e.

If the plan commission believes proof of financial responsibility of the applicant or developer is in the best interests of the city, the plan commission may require the applicant to submit such proof to the director of finance for his approval and certification to the plan commission.

The city plan commission may vary or modify those requirements of section 53.230 et seq., the strict enforcement of which would entail unusual or real difficulties in carrying out the intent of section 53.230 et seq. The city council may, by three-fourths vote of the whole membership of the council, modify the report of the plan commission in the event the council feels that unusual or real difficulties in carrying out the intent of this section are contained in the recommendations of the plan commission.

In the event the apartments are not constructed within three years after a change in zoning is granted, said premises shall revert to the same zoning classification existing prior to the change to the "B1" planned multiple family residence district and the district regulations in force, prior to the establishment of the planned residence district, shall thereupon be in full force and effect.

Approval of a "B1" planned district shall proceed in accordance with the provisions of section 53.800 "changes and amendments" et seq.

(Ord. No. 9037, §1,10-2-2018)

The regulations set forth in this section, or set forth elsewhere in this zoning code, when referred to in this section, are the district regulations in the "B2" multiple family and commercial district.

In order to provide for apartments and limited commercial uses of integrated design, in appropriate locations, or in abutting C, D, or E districts, the "B2" multiple family and commercial district is hereby established. Each development in any such district shall be laid out and developed as a unit, according to an approved plan, as provided below, to accomplish the purposes hereinabove recited.

a.

The owner or agent, duly authorized in writing, of any lot or tracts of land may submit to the city council a plan for the use and development of all, or any part of, such land, for the purpose of meeting the requirements established by this section.

b.

Within the "B2" multiple family and commercial district, a building or premises may be used for uses found in section 53.159 of article IV and facilities ordinarily incidental to apartment uses. The area shall be designed as a whole, unified, single project in compliance with the following minimum requirements and, if built in stages, each stage shall conform with the approved plan.

c.

Wireless telecommunication towers, facilities, antenna arrays, appurtenances and related structures including but not limited to television, radio, voice, data and video transmissions with an exception granted under the provisions of section 53.307c.6. (see sections 53.221 et seq for the requirements for this use).

(Ord. No. 9037, §1,10-2-2018; Ord. No. 9038, §1, 10-16-2018)

Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in section 53.180 of the City of Webster Groves Code except as noted below.

a.

Off street parking spaces shall be provided in the ratio of not less than one and one-half parking spaces for each dwelling unit and one parking space for every 300 square feet of floor area used for commercial purposes; such parking is to be located underground, or on any floor within the building, or in the side or rear yard and accessible to the street by a one-way drive around the building or buildings, or by a two-way drive on one side. If garages or carports are provided, not more than 40 percent of the required rear yard shall be covered by such structures. No driveway or parking space shall be closer than ten feet to any side or rear lot line.

a.

Height.

b.

Front yard. The front yard requirements for new construction shall be no less than 40 feet from the front property line and, if recommended by the plan commission and required by the council, shall be 50 feet from the front property line. In the case of property having a frontage on two streets, or at an intersection, the plan commission may recommend or the council may require a front yard of not less than 40 feet, nor more than 50 feet, from the property line on each street, or on each intersecting street comprising the corner on which the premises are located.

c.

Side yard.

1.

Each side yard shall have a minimum distance from the side lot line of 20 feet.

2.

For the purpose of the side yard regulations, a two-family dwelling, or a multiple dwelling, shall be considered as one building occupying one lot.

d.

Rear yard. All rear yards shall have a minimum depth of 40 feet.

e.

Yard regulations. The front, side and rear yards required in subsections above shall not apply to one-story structures where the yard abuts a "C", "D", or "E" district. The yard requirements do not apply to basements or below grade parking levels.

f.

Intensity of use.

1.

Buildings shall not cover more than 30 percent of the lot or tract; provided that basements and below grade levels may equal 100 percent of the lot or tract area. A minimum of 500 square feet of land area for each resident family shall be provided and maintained.

2.

The ratio of floor area of building, to the area of the lot or tract, shall not exceed 1.5; however, an additional .1 may be permitted for one-story structures. The floor area of the building shall be the gross horizontal areas of the several floors, excluding basements, cellars, areas within the building which are used for parking, and covered swimming pools or recreational areas, measured from the exterior faces of the exterior walls of the building.

g.

Yard projections.

1.

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum side yard more than 24 inches.

2.

Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet above the level of the ground may project into a required yard, provided these projections be distant at least three feet from the adjacent side lot lines.

3.

Open lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the building inspector for a distance of not more than three and one-half feet and where the same is so placed as not obstruct light and ventilation.

h.

Retaining walls.

1.

Any retaining wall that is six feet in height or greater and used to elevate a site above the finished grade of a neighboring property shall be located within the buildable area of the lot.

2.

Any retaining wall that is greater than three feet in height, and less than six (feet, and used to elevate a site above the finished grade of a neighboring property shall be located a minimum of five feet from a side or rear property line.

i.

Open space.

1.

In the event that a lot or tract is to be occupied by a group of two or more related buildings to be used for residential or institutional purposes, there may be more than one main building on the lot, provided, however, that the open space between buildings that are parallel or within 45 degrees of being parallel, shall have a minimum dimension of 30 feet for one-story buildings, 40 feet for two-story buildings, and 50 feet for three-story buildings.

a.

Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line of the lot on which the use is located.

b.

Noise. Every use shall be so operated that it does not disturb the peace, quiet and comfort of neighboring residential property or at any time with a volume louder than is necessary for convenient hearing for the persons who are in the structure or on the property in or on which the noise is generated under the following additional conditions:

1.

The maximum volume of sound or noise generated does not exceed 60 dB(A) at any point on the lot line of the lot on which the use is located on Mondays through Fridays between the hours of 7:00 a.m. to 8:00 p.m. local time; on Saturdays between the hours of 7:00 a.m. to 7:00 p.m. local time; and on Sundays between the hours of 9:00 a.m. to 7:00 p.m. local time.

2.

The maximum volume of sounds or noise generated does not exceed 55 dB(A) at any point on the lot line of the lot on which the use is located for all other hours not listed in b.1. above.

3.

Outdoor loudspeakers and audible communication systems are not permitted within 1,000 feet of a residential district.

4.

Operating, playing or permitting the operation or playing of any radio, television, drum, musical instrument, sound amplifier or similar device which reproduces or amplifies sound is also considered "sound or noise" as listed in b.1. and b.2. above.

c.

Odor. Every use shall be so operated that no offensive or objectionable odor is emitted in accordance with the requirements of the Air Pollution Code, Chapter 612 of the St. Louis County Revised Code.

d.

Smoke. Every use shall be so operated that no smoke from any source shall be emitted of exceeds the emission levels in the requirements of the Air Pollution Code, Chapter 612 of the St. Louis County Revised Code.

e.

Toxic gases. Every use shall be so operated that there is no emission of toxic, noxious or corrosive fumes or gases exceeds the emission levels of the requirements of the Air Pollution Code, Chapter 612 of the St. Louis County Revised Code.

f.

Emission of dirt, dust, fly ash and other forms of particulate matter. Emission of dirt, dust, fly ash and other forms of particulate matter shall not exceed the emission levels of the requirements of the Air Pollution Code, Chapter 612 of the St. Louis County Revised Code.

g.

Radiation. Every amount of radioactive emissions must be restricted to that considered safe by the Federal Guidance for Radiation Protection through the EPA.

h.

Operations, heat and glare. Every operation producing intense glare or heat must be enclosed so that they are imperceptible at the lot line without instruments.

i.

All roads, parking areas and walks shall be paved with hard surfaced material meeting application specifications of the city.

j.

No expansion or conversion of an existing structure shall be considered as complying herewith.

k.

Any part of the area not required to be used for buildings or structures, or for parking, loading or access ways shall be landscaped with grass, trees, shrubs and, where required, pedestrian walks.

l.

Additional requirements for landscaping, lighting, screening, access ways, building distances and yard limitations may be recommended by the city plan commission for the consideration of the city council for the protection of nearby residential uses.

m.

If the city plan commission or council believes proof of financial responsibility of the applicant, or developer, is in the best interests of the city, they may require the applicant to submit such proof to the director of finance for his approval.

(Ord. No. 9053, §1, 1-22-2019)

The city plan commission may recommend to the council that it vary or modify those requirements of section 53.240 et seq., the strict enforcement of which would entail unusual or real difficulties in carrying out the intent of section 53.240 et seq., and the city council may approve, modify or reject any such recommendations.

Approval of a "B2" planned district shall proceed in accordance with the provisions of section 53.800 "changes and amendments" et seq.

(Ord. No. 9037, §1,10-2-2018)

A final development plan shall be filed with the city plan commission for its approval without public hearing or further recommendation to the council within 12 months following the enactment of an ordinance rezoning the property affected thereby. Said final development plan shall conform with the initial development plan required under this section, and the plan commission shall have the discretion to approve minor changes in the development plan both before and after filing with the city plan commission, which are not inconsistent with the purpose or intent of this section, without referring same to the council. If the final development plan is not filed within the 12-month period referred to above, or any extension which may be granted by the council then, upon the expiration of said period or periods, the council may after recommendation by the plan commission, as provided in section 53.800 of this zoning code, enact an ordinance repealing said change of zoning.

Levels of regulation: The educational campus ("EC") districts provide three levels of regulation, each which requires legislative approval. The first and second are a set of base regulations for each of two sub-districts, "EC-1" and "EC-2" that provide for a certain intensity of development by-right. Each sub-district is designed to address different levels of intensity of use and population based on, among other things, the character of the surrounding neighborhoods, with lower density development intended for land that is primarily bounded by single-family residential uses.

The third is a set of regulations that provide for a campus master plan ("CMP") process for either "EC-1" or "EC-2" and that creates regulations that allow for greater flexibility in the development and expansion of an "EC" campus that can vary from the base district regulations regarding dimensional restrictions and some variation in the types of uses permitted so as to achieve better use of land than may be possible through the strict application of standard zoning and subdivision controls, while also insulating or buffering educational facility uses from adjoining uses, and most particularly from single-family residential uses. this third set of regulations is referred to herein as a major educational campus ("MEC") district, which allows certain variations from the "EC-1" and "EC-2" base district regulations. In order to take advantage of the provisions of an "MEC" district, an educational facility may apply for approval of a CMP, and once a CMP is submitted and legislatively approved, the development of the campus subject to the CMP will proceed in accordance with the CMP rather than the "EC" base district regulations. Any campus that is rezoned through the "MEC" district process may thereafter only be amended in accordance with the provisions of sections 53.258 through 53.260, as applicable, and any amendments shall include only those uses allowed as a matter of right, by a conditional use permit or as an accessory use as stated in the "EC-1" or "EC-2" district from which it originated.

General statement of purpose ^[4]: The city is one of the oldest communities in the State of Missouri and has grown in essential accord with its comprehensive plan. In order to preserve and protect the existing, virtually fully developed and predominantly residential character of the properties in the city; to maintain the comprehensive plan of the city; to regulate development; and to preserve and protect the public health, safety and well-being of the community as a whole, it is necessary to regulate building scale, open space and the intensity of the built-out environment.

The city is experiencing unprecedented change in the development and growth of some of its key institutions. Within the past three decades, there has been significant growth of the built-out environment and an expansion of the boundaries of a number of these institutions. As a result, there is a real concern that a continuing increase in the scale and density of development—and the attendant traffic and parking congestion and population density in and near the city's least developed single-family residential and historic districts—may dramatically alter or change the city's long-established and essential character, unless such growth is properly managed and located.

Due to this expansion, there is also a concern about the loss of existing affordable housing stock, tax base and the impacts of infill development on the character and infrastructure in long-established neighborhoods. It has been determined that the construction of large scale institutional development may be appropriate in less developed, commercial or blighted areas of the region. These institutions are now being planned or constructed in areas more suited to less intensive institutional uses such as elementary, secondary or specialized institution uses. it is the intent of the city to maintain development of institutions in or near residential and historic districts at a scale suitable to the surrounding environment.

In addition, the purpose of district regulations for educational institutions having five or more acres of contiguous property is to encourage and allow more planned, creative and imaginative design of land development. These developments should simultaneously be preserving the character of surrounding neighborhoods, particularly those with features of historical significance, and preserving public and private open and recreation spaces. These regulations will facilitate the efficient use of land that may not be possible though the application of traditional zoning district regulations. It is in the public interest of the city to maintain an appropriate balance between building scale, intensity of development, traffic flow, parking demand and population levels in keeping with the environmental setting and character of the neighborhood.

1.

An "EC" district, whether controlled by the base district regulations or a CMP, is established by a zoning change initiated either by the city, the owner of a campus, or by new construction, as defined in this chapter 53.

2.

The base district regulations shall govern unless and until a CMP is approved. In order for a CMP to be approved, it must first be submitted in compliance with this section 53.252 and with the internal policies and procedures of the department of planning and development, which are hereby authorized to be established by the director of planning and development ("director"), from time to time. After the director reviews and determines that the submittal for a proposed CMP is complete, the director shall forward the submittal to the city plan commission for review and recommendation and then to the city council for approval, denial, or modification.

3.

A zoning map amendment shall accompany any change of zoning to an "EC" district.

4.

Condition precedent. A condition precedent to approval of a rezoning to an "EC" district designation is that the primary use within the proposed area is an educational facility, as defined in this Code. An educational facility will follow the base district regulations unless a CMP is approved through the "MEC" process.

5.

Existing conditional use permits. All existing CUPs shall continue according to their terms and conditions, and shall be enforced as to both the benefits and obligations contained in such CUPs. Any provision of this chapter notwithstanding, structural alterations that do not enlarge a structure shall not cause such a cup to lose its legal, non-conforming status. New construction or uses not governed by CUPs lawfully granted as of the date of adoption of Ordinance 8851 shall only be allowed if they first comply with either the base district regulations or be approved by a CMP through the "MEC" process.

6.

Approved CMP supersedes base district regulations. Once a complete CMP is reviewed and approved pursuant to section 53.252 as submitted or as modified, development thereafter will proceed in accordance with the approved CMP recorded with the city clerk rather than the base district regulations. During the CMP process, the city plan commission may recommend and the city council may vary any of the base district dimensional regulations set forth herein and may approve those uses contained in the base district regulations of any "EC" district subject to the restrictions contained in subsections 53.254 a permitted uses #11 (limited leasing).

7.

Powers of city plan commission and city council. The city plan commission may recommend to city council acceptance, rejection or modification of—and the city council shall have the right to use its legislative power to accept, reject or modify—a submitted CMP. In the process of accepting, rejecting, or modifying a proposed CMP, the city council shall take into account but not be bound by, the recommendations of the city plan commission.

8.

Site plan submission. A site plan must be submitted to the city and approved in compliance with the regulations contained in this chapter 53 before any footing, foundation or building permit may be issued for any new structure or addition in any "EC" district, regardless of whether the base district or MEC regulations apply.

Except with regard to permitted residential single family uses, properties zoned as "EC" district shall not be required to subdivide a campus into lots and shall not be required to adjust or eliminate internal property lines to permit construction of structures for uses authorized within the "EC" district base regulations or an approved CMP. No single-family residential use permitted in an "EC" district shall be constructed until the owner or qualified applicant has first complied with all subdivision, historic preservation and other land use regulations then in place.

There shall be two discrete and separate districts for educational facilities to be known as the "EC-1" district and the "EC-2" district. Each has base district regulations that can only be modified through a campus master planning process. After a CMP has been approved in accordance with this chapter, the resulting district shall be known as an "MEC" district, and shall not be governed by the base district regulations but by the approved CMP.

Purpose of the "EC-1" district. The land use patterns of the city have a long, well-documented and storied history that makes it "different from any other suburb, perhaps in the world, certainly in the St. Louis County complex of more than 100 communities." ^[5]

For many decades, Webster Groves, located along the Missouri Pacific rail line with "32 accommodation trains daily," not only for the professionals and business persons, but for the convenience of families also, ^[6] allowed residents of the urbanized center of St. Louis to escape the then prevalent unhealthy conditions of city life to enjoy the cool green spaces graced by large lawns and mature trees with frame houses that had high ceilings and expansive front porches, all of which contributed to Webster Groves becoming known as "The Queen of the Suburbs."‡

Within the prevalence of relatively large residential lots, the mature tree canopy and the significant stock of older homes and historic districts, some of Webster Groves' well-known educational institutions took root and were established in a similar style, with gracious front lawns, well-spaced buildings that were appropriately set back from and respectful of the neighboring residential properties. Prominent among these were Eden Seminary, Edgewood Children's Center (Great Circle) and the Epworth Children and Family Services, all of which have remained relatively small, low-density uses that are highly compatible with the residential uses that are predominant adjacent to their boundaries. Significantly, these institutions have maintained their large open spaces, low-intensity and low density uses into the twenty-first century. The "EC-1" uses include institutional uses similar to those lower intensity uses that have been located in the city for the last few decades. "EC-1" uses may also include, through a conditional use permit process, small-scale retail, student union, theater and auditorium uses that attract substantially less pedestrian or vehicular traffic than similar larger scale uses that may be allowed as a matter of right and customarily found and ancillary to "EC-2" type uses.

The "EC-1" district is established to preserve and protect long-established land use patterns and the character of the surrounding neighborhoods while providing for primary or secondary, private or parochial educational facilities that have no student housing and for low intensity educational facilities having limited student housing that could include housing for families of students; to allow for such other related uses which are of an educational nature and are compatible with the character and intensity of the surrounding properties; and to provide district regulations and development requirements consistent with these goals.

Purpose of the "EC-2" district. Some of the city's other neighborhoods that contain prominent non-profit educational institutions developed more densely over the course of time and their immediately surrounding neighborhoods were transformed from residential into higher density uses characterized predominantly by institutional and commercial uses and transportation corridors for railroad and interstate highway uses. Successive aerial photographs from the 1930s to the present demonstrate steady growth and intensity of use and population south of Lockwood Boulevard, where the City's High School, Nerinx Hall and Webster University have come to dominate a landscape that was once predominantly residential and wooded.

The "EC-2" district is established to allow a greater scope of uses, density of uses and population for an educational facility than is appropriate to an "EC-1" district. An "EC-2" district can include larger scale dormitory type student housing, larger scale student unions, lighted athletic fields and auditorium uses that attract substantially more pedestrian or vehicular traffic than similar smaller scale uses customarily found and ancillary to "EC-1" type uses. Additionally, in an "EC-2" district, theater and auditorium type uses leased out to third parties for events available to the public at large have historically been allowed as accessory uses in more densely developed areas appropriate to an "EC-2" designation.

Purpose of the "MEC" district. The purpose of the "MEC" district is provide an a campus master plan process through which the city plan commission may recommend and the city council may: i) vary any of the base district dimensional regulations set forth herein and ii) may approve those uses contained in the base district regulations of any "EC" district subject to the restrictions contained in subsections 53.254a. permitted uses #11 (limited leasing). This procedure is intended to apply to the initial review of a campus master plan and any subsequent amendments to a campus master plan or section plan.

Types of uses allowed and prohibited. The permitted, conditional, accessory, temporary and prohibited uses are listed below for both the "EC-1" and "EC-2" districts.

a.

"EC-1" educational campus. Permitted, conditional and accessory uses found in section 53.159 of article IV with the following additional re:

Permitted Uses.

1.

Educational facility, university limited to the following:

A.

Administrative offices that provide required parking on site and not as a part of the general pool of campus parking.

2.

Single-family dwellings on lots not less than the minimum square footage of the residentially zoned district that immediately preceded the rezoning to an "EC" district classification by Ordinance No. 8852.

3.

Surface parking lots not exceeding ten percent of required parking; surface parking lots exceeding ten percent of the required parking must follow the procedure in section 53.185 et seq.

4.

Limited leasing for any "EC-1" or "EC-2" use. The primary use of any campus in an "EC" district classification may be supplemented by the leasing of existing structures for any "EC-1" or "EC-2" use, whether permitted, conditional or accessory, through either the base district regulations or a CMP process, and shall be treated as an allowed primary use, subject to the following conditions:

A.

Leasing of property within an "EC-1" district for use taken from the category of conditional uses allowed in either an "EC-1" or "EC-2" district will be granted only in the following manner:

(i)

If a CUP has been lawfully granted as of the date of adoption of Ordinance No. 8851, then the uses allowed in such CUP may be used by a lessee to the extent permitted in such CUP and the regulations following in this section;

(ii)

If the intended leased use exceeds the scope of such a CUP or in a case where no CUP had been granted as of the date of the adoption of Ordinance No. 8851 to allow the intended lease use, then the applicant must first meet its burden of proof and persuasion as set forth in 53.170 et seq. before such a leased use shall be allowed; and

B.

Up to 35 percent of the gross square footage of the existing or approved structures on the campus at the time of adoption of Ordinance No. 8851 shall be the maximum square footage allowed to be leased. All uses must be able to be parked on the campus based on the parking regulations in section 53.182. The percentage of the gross square footage leased pursuant to this subsection 53.254.a.11 shall be counted against the maximum square footage devoted to uses that are accessory to the primary use of any campus zoned EC-1 or EC-2; and

C.

Up to 50 percent of the approved student housing beds on the campus or 100 beds, whichever is less. the gross floor area actually used for the student housing shall be deducted from the maximum square footage set forth in subsection B. immediately above; and

D.

No more than 50 percent of the maximum square footage allowed for leased uses can be used for any single category of use with the exception of student housing beds; and

E.

The maximum square footages contained herein may not be altered through a CMP process, notwithstanding any provision in this chapter to the contrary.

Conditional Uses. The following uses may be permitted under requirements specified in section 53.170. et seq. More than one conditional use may exist concurrently on a campus provided all other requirements of this article VII of chapter 53 are met.

1.

Student housing, the primary use of which is as an educational facility, special needs.

2.

Student housing, the primary use of which is as a seminary or small college limited to a maximum of 300 beds on a campus including the following:

A.

Dormitories.

B.

Fraternity/sorority house.

C.

Apartments.

3.

Storage facilities exceeding 1,000 square feet.

4.

Public utility facilities.

5.

Solar collectors.

Accessory uses—Planned, institutional and educational districts. Subject to compliance with the procedures of this section, accessory uses include the following:

1.

Public interest events including but not limited to outdoor concerts, auctions and fireworks displays. Special activities permit is required for these events.

2.

Storage facilities not exceeding 1,000 square feet.

3.

Administrative offices, the primary use of which is as a non-commercial purposes for not-for-profit institutional entities not exceeding 5,000 square feet for any one user.

4.

Such other further accessory uses may be approved by the director of planning and development upon a showing by a preponderance of evidence that a proposed accessory use is customarily incident to, reasonably necessary to, and subordinate to the primary educational use.

5.

Student bookstore, the primary use of which is as an educational facility, small college or seminary.

6.

Student union, the primary use of which is as an educational facility, small college or seminary.

b.

"EC-2" educational campus. Permitted, conditional and accessory uses are found in section 53.159 of article IV with the following additional regulations:

Permitted uses.

1.

Surface parking lots or structured parking facilities not exceeding ten percent of required parking; surface parking lots or structured parking facilities exceeding ten percent of the required parking must follow the procedure in section 53.185. et seq.

Conditional uses. The following uses may be permitted under requirements specified in section 53.170. et seq. More than one conditional use may exist concurrently on a campus provided all other requirements of this article VII of chapter 53 are met.

1.

Student housing limited to a maximum of 1,400 beds on the campus including the following:

A.

Dormitories.

B.

Fraternity/sorority house.

C.

Apartments.

2.

Storage facilities exceeding 1,000 square feet.

3.

Public utility facilities.

4.

Solar collectors.

Accessory uses—Planned, institutional and educational districts. Subject to compliance with the procedures of this section, accessory uses include the following:

1.

Public interest events including but not limited to outdoor concerts, auctions and fireworks displays. Special activities permit is required for these events.

2.

Storage facilities up to a maximum 1,000 square feet.

3.

Administrative offices, the primary use of which is as a not-for-profit use up to a maximum of 5,000 square feet.

4.

Such other further and accessory uses—Planned, institutional and educational districts may be approved by the director of planning and development upon a showing by a preponderance of evidence that a proposed accessory use is customarily incident to, reasonably necessary to, and subordinate to the primary educational use.

c.

Reserved.

d.

Temporary and prohibited uses—All "EC" districts.

Temporary Uses. The following temporary uses are permitted subject to the regulations and standards set forth below. No temporary use shall be established unless a temporary use permit evidencing the compliance of such use with the applicable provisions of this section 53.250 et seq. shall have first been issued, in the same manner as provided in chapter 20, "Building Code", of the city.

1.

Contractors offices, temporary restrooms or temporary buildings related to construction provided that such buildings:

A.

Are incidental to a construction project on the same development as the temporary building and do not contain sleeping or cooking accommodations; and

B.

Are not located closer than 15 feet to any exterior perimeter property lines of the development provided, however, the distance can be less than 15 feet if approved by the director of planning and development; and

C.

Are removed upon completion of the construction project.

2.

Temporary parking and access roads related to construction provided:

A.

Such temporary parking is incidental to a construction project on the same development and is used solely to provide parking displaced during the period of construction and/or parking needed for construction itself;

3.

Public interest events such as outdoor concerts, auctions and fireworks displays.

(Ord. No. 9038, §1, 10-16-2018)

a.

Sufficient off-street parking for each permitted use and conditional use within an educational campus shall be located within the campus, in accordance with section 53.180 et seq.

b.

A traffic study may be required in other situations but, shall be provided for the increase or relocation of more than 20 percent of the overall campus parking for the "EC-1"; and for the increase or relocation of more than ten percent of the overall campus parking for "EC-2".

c.

A parking analysis identifying the existing parking and required parking shall be provided concurrent with each application for a building permit involving new construction or renovation for housing, office, classroom, lab, or assembly seating; or for the removal of existing off-street parking. No permit may be issued if the calculated requirement for parking exceeds the available supply of off-street parking. Once an analysis is provided for a building or campus, only proposed changes to square footage and parking will be required as an update with each subsequent permit.

d.

The city council may require the preparation of revised calculations if it determines, regardless of the calculated requirements for parking that parking deficiencies exist within the educational campus district. Such determination may be in the form of a resolution or motion, which shall identify the parking deficiencies.

All dimensional regulations are applicable in all "EC" districts except as otherwise specified in this section.

a.

Height.

1.

No single-family dwelling shall exceed two and one-half stories nor shall it exceed 35 feet in height.

2.

No educational facility, elementary and educational facility, secondary shall exceed three stories or 45 feet in height.

3.

No educational facility, special needs; educational facility, seminary or educational facility, small college; educational facility, university shall exceed:

A.

Three stories or 45 feet if within 50 feet of single-family property not within the educational zone.

B.

Four stories or 56 feet at any front building line, or at any rear building line adjacent to a non-single-family property not within the educational zone.

C.

No building shall exceed five stories or 70 feet in height within the campus boundaries.

4.

Allowable building heights may increase two feet for each additional foot of setback from the limits imposed in this section, to the maximum allowable height of 70 feet.

5.

Places of worship may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for each two feet of additional building height above the height limit otherwise provided in the district in which the building is located.

6.

Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, and spires, wireless towers, grain elevators, or necessary mechanical appurtenances, may be erected to a height of 15 feet above the applicable allowed maximum height. Architectural review board shall determine whether appropriate screening is required for any of the items listed in this subsection 6.

b.

Front yard.

1.

There shall be a front yard having a depth of not less than 30 feet for single-family residential and not less than 60 feet for educational facilities.

2.

For properties in a city or national historic district, there shall be a front yard having a depth of not less than 140 feet unless otherwise permitted with a certificate of appropriateness from the HPC. This is provided in giving further consideration of the character of the historic district and setting of the location of structures.

3.

Along streets internal to a campus where educational property fronts educational property, the setback shall be 30 feet.

4.

The front yard setback requirement for buildings adjacent to vacated or private drives shall be zero.

5.

Where lots have a double frontage, the required front yard shall be provided on both streets.

6.

Where a lot is located at the intersection of two or more streets there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a lot of record need not be reduced to less than 35 feet, except where necessary to provide a yard along the side street with a depth of not less than six feet. No accessory building shall project beyond the front yard line on either street.

7.

A dwelling that existed as of the date of this amendment may be enlarged, provided the proposed addition does not extend into any required front yard(s) a distance greater than the original dwelling structure.

8.

An open unenclosed porch or paved terrace may project into a required front yard for a distance not exceeding ten feet.

c.

Side yard.

1.

There shall be a side yard on each side of the building having a width of not less than 12 feet for single-family residential.

2.

There shall be a side yard having a width of not less than 40 feet for educational facilities adjacent to residentially zoned property and five feet for educational facilities adjacent to non-residentially zoned property.

3.

Interior side yard: None, unless abutting a residential district, then 40 feet plus two additional feet for each foot in the height of the structure in excess of 45 feet.

d.

Rear yard.

1.

There shall be a rear yard having a depth of not less than 20 percent of the depth of the lot provided such rear yard need not exceed 40 feet but it shall not be less than 30 feet for single-family residential.

2.

The minimum rear yard setback for educational facilities adjacent to property not within the educational campus shall be 40 feet for single-family residential properties, and ten feet for any non-single-family properties.

3.

When the property shares a common boundary with a railroad right-of-way or interstate highway right-of-way, the minimum rear yard setback shall be zero for that shared boundary.

e.

Lot area. Every lot or tract of land shall have an area of not less than the following:

1.

The minimum lot area shall be five contiguous acres for an "EC-1".

2.

The minimum lot area shall be ten contiguous acres for an "EC-2".

3.

For purposes of calculating the minimum lot area only, property on both sides of a street shall be considered contiguous.

f.

Uses allowed by conditional use permit shall have front, side, and rear yards as approved for the specific development of a conditional use, as prescribed in section 53.170 et seq.

g.

Lot coverage.

1.

A minimum percentage of the total land area located within a designated educational campus district, excluding public rights-of-way, shall be retained as open space. Exceptions will be made to parking areas with approved pervious pavement applications.

A.

"EC-1" shall be 50 percent.

B.

"EC-2" shall be 30 percent.

2.

For permitted single-family residential uses only a maximum floor area ratio (FAR) of 35 percent is permitted. Notwithstanding, primary structures with an adjusted gross floor area up to 2,800 square feet are permitted for any buildable lot up to 7,499 square feet in size, and 3,000 square feet for any buildable lot at least 7,500 square feet in size, provided all other height and area regulations are met without variance.

3.

For permitted single-family residential uses only total ground area covered by all buildings, including accessory buildings, shall not exceed 40 percent of the lot size.

4.

For permitted single-family residential uses only the architectural review board (ARB) may approve construction of a new detached single-family dwelling, or addition to an existing detached single-family dwelling resulting in a floor area ratio (FAR) of up to 40 percent if the ARB concludes that the construction will not result in a dwelling with excessive and unreasonable dissimilarity or inappropriateness in relation to any other single-family dwelling existing or for which a permit has been issued, facing upon the same street and within 250 feet of the proposed site in respect to one or more of the following features:

A.

Gross floor area.

B.

Height of building or height of roof.

C.

Front elevation building width or percentage of lot width occupied by the building.

D.

Other significant design features such as roof lines, massing, elevation articulation, and material or quality of architectural design, provided that a finding of excessive dissimilarity or inappropriateness exists, but further that it is of such a nature as to be expected to provoke beyond reasonable doubt an adverse affect on the stability and value of surrounding property, and that finding is not based on personal preferences as to taste or choice of architectural style.

h.

Yard projections.

1.

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum side yard more than 24 inches.

2.

Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet above the level of the ground may project into a required yard, provided these projections be distant at least three feet from the adjacent side lot lines.

3.

Open lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the building inspector for a distance of not more than three and one-half feet and where the same is so placed as not obstruct light and ventilation.

i.

Retaining walls.

1.

Any retaining wall that is six feet in height or greater and used to elevate a site above the finished grade of a neighboring property shall be located within the buildable area of the lot.

2.

Any retaining wall that is greater than three feet in height, and less than six feet, and used to elevate a site above the finished grade of a neighboring property shall be located a minimum of five feet from a side or rear property line.

a.

An accessory structure or use must be limited to and located on the same lot with the use of the principal structure or use to which it is accessory, except as may be varied and permitted by a CMP.

b.

The total area of all accessory structures may not occupy more than 35 percent of the area of a required rear yard.

c.

Unless otherwise permitted or restricted by this subtitle, accessory structures must comply with the yard requirements of the district.

d.

No accessory structure may be erected on any lot before construction of the principal structure to which it is accessory.

e.

If an accessory structure is attached to a principal structure by any wall or roof construction it is considered to be a part of the principal structure, and must comply in all respects with the requirements of this Code that apply to the principal structure.

f.

No educational facility may lease any portion of its property or campus to a for-profit enterprise except those ancillary educational uses permitted in this chapter 53.

g.

Uses, buildings and structures accessory to an educational facility use or to uses permitted by this Code, when dependent on, incidental to, or affiliated with an educational facilities use, shall be considered part of the educational facility use for purposes of determining minimum building height, setbacks, intensity of use, lot coverage, and open space.

a.

An educational facility may apply for approval of an "MEC" district designation through a CMP process, and the city council may, pursuant to the procedures set forth herein, vary any of the base district dimensional regulations set forth herein and may vary any use restrictions contained in the base district regulations, subject to the restrictions in subsections 53.254 a. permitted uses #11 (limited leasing).

b.

Zoning map amendment. An educational facility may choose to submit a CMP for approval simultaneously with a zoning map amendment to reflect that the area is controlled by an approved CMP, rather than the base district regulations. Approval of a CMP is considered a condition precedent to approval of a zoning map amendment to an "MEC" district classification. Once a CMP is approved, the zoning map shall be amended to reflect that the property subject to the CMP is an "MEC" district classification.

c.

Once a CMP is submitted and approved, the development proceeds in accordance with that plan rather than the base district regulations. In considering a CMP application, the city council shall proceed in accordance with the provisions of section 53.259 below and all other applicable development regulations set forth in the City Code.

d.

An educational facility may not deviate from the base district regulations of the "EC" district in which it is located unless and until a CMP is approved by the city council in compliance with the regulations in sections 53.250 through 53.269 inclusive, or unless and until a variance is granted by the board of adjustment in accordance with Missouri law.

e.

A CMP may be applied only to those properties owned or legally controlled by an applicant in compliance with all applicable City Code provisions and only if the permitted, conditional and accessory uses are in compliance with the applicable provisions of section 53.254.

a.

An accessory structure or use must be limited to and located on the same lot with the use of the principal structure or use to which it is accessory, except as may be varied and permitted by a CMP.

b.

The total area of all accessory structures may not occupy more than 35 percent of the area of a required rear yard.

c.

Unless otherwise permitted or restricted by this subtitle, accessory structures must comply with the yard requirements of the district.

d.

No accessory structure may be erected on any lot before construction of the principal structure to which it is accessory.

e.

If an accessory structure is attached to a principal structure by any wall or roof construction it is considered to be a part of the principal structure, and must comply in all respects with the requirements of this Code that apply to the principal structure.

f.

No educational facility may lease any portion of its property or campus to a for-profit enterprise except those ancillary educational uses permitted in this chapter 53.

g.

Uses, buildings and structures accessory to an educational facility use or to uses permitted by this Code, when dependent on, incidental to, or affiliated with an educational facilities use, shall be considered part of the educational facility use for purposes of determining minimum building height, setbacks, intensity of use, lot coverage, and open space.

a.

An educational facility may apply for approval of an "MEC" district designation through a CMP process, and the city council may, pursuant to the procedures set forth herein, vary any of the base district dimensional regulations set forth herein and may vary any use restrictions contained in the base district regulations, subject to the restrictions in subsections 53.254 a. permitted uses #11 (limited leasing).

b.

Zoning map amendment. An educational facility may choose to submit a CMP for approval simultaneously with a zoning map amendment to reflect that the area is controlled by an approved CMP, rather than the base district regulations. Approval of a CMP is considered a condition precedent to approval of a zoning map amendment to an "MEC" district classification. Once a CMP is approved, the zoning map shall be amended to reflect that the property subject to the CMP is an "MEC" district classification.

c.

Once a CMP is submitted and approved, the development proceeds in accordance with that plan rather than the base district regulations. In considering a CMP application, the city council shall proceed in accordance with the provisions of section 53.259 below and all other applicable development regulations set forth in the City Code.

d.

An educational facility may not deviate from the base district regulations of the "EC" district in which it is located unless and until a CMP is approved by the city Council in compliance with the regulations in sections 53.250 through 53.269 inclusive, or unless and until a variance is granted by the board of adjustment in accordance with Missouri law.

e.

A CMP may be applied only to those properties owned or legally controlled by an applicant in compliance with all applicable City Code provisions and only if the permitted, conditional and accessory uses are in compliance with the applicable provisions of section 53.254.

a.

Application. The owner, or its authorized representative, shall file an application for CMP review for existing and proposed uses within an educational campus on forms to be provided by the city. Once the application has been determined to be complete by the director of planning and development pursuant to such policies as the department of planning and development may adopt from time to time, then such an application for CMP review shall be accompanied by 24 copies of a CMP a portion of which may be submitted digitally, reflecting the information required below.

b.

Minimum requirements. A CMP must address the general site layout of the entire area and include the following:

1.

General.

A.

Property lines, and building or setback lines from the perimeter of the campus and for all public street rights-of-way adjacent to and internal to the campus.

B.

The following information as part of the legend:

(i)

Gross square footage of building area, maximum site coverage, maximum height in stories and feet, and primary use of each building zone;

(ii)

Present zoning of the subject site and adjoining sites;

(iii)

Proposed open zone area, in acres.

C.

Location of all existing or proposed building zones and open zones.

2.

Drainage.

A.

All existing or proposed ponds, lakes, retention basins, or other bodies of water, and the existing and proposed uses thereof.

B.

Existing and/or proposed storm sewers, and storm water volumes before and after development.

C.

The nearest available sanitary sewers.

D.

Proposed detention facilities, if required.

3.

Circulation and parking.

A.

Traffic counts, peak loads, and the vehicular circulation on public streets showing:

(i)

Curb cuts required to provide ingress and egress to and from streets adjacent to the educational campus;

(ii)

The existing width and proposed widening of all existing streets and rights-of-way adjacent to the educational campus (including the number and width of lanes and any island or medians);

(iii)

All the entrances on opposite sides of existing streets adjacent to the educational campus within the frontage of the campus;

(iv)

The location and dimensions of all existing and proposed curbs at the perimeter of the educational campus.

B.

Traffic counts, peak loads, and internal circulation:

(i)

Curb cuts required to provide access to surface parking lots and structured parking facilities.

(ii)

The existing and proposed width of all existing and proposed streets located in the educational campus.

(iii)

The location and dimension of all existing and proposed curbs.

C.

Surface and structured parking facilities:

(i)

The location of existing and proposed surface parking lots and structured parking facilities including the number of spaces on each lot and/or floor of the structured parking facility.

D.

Formula or formulas for calculation of off-street parking demand which shall provide the basis for determining the required off-street parking to be provided within the educational campus:

(i)

Formula(s) shall address the variety of uses (staff, faculty, resident and non-resident students, and assembly, and shall quantify maximum (peak) demand for parking.

(ii)

Total available supply shall exceed at all times, the calculated demand for parking by five percent.

4.

Landscape.

A.

A tree preservation plan identifying the locations of valued trees and the minimum 30 percent existing tree canopy being preserved per section 10.330 of the City Code.

B.

A conceptual landscape plan identifying that all standards of the tree and landscape ordinance can be met.

5.

Building zones and open space zones, including for each proposed building zone the maximum site coverage, gross floor area, height above grade, total floors including below grade, and general use. Building zones to include structured parking facilities or surface parking in excess of ten spaces shall be so noted. Infrastructure improvements to be provided as required by governing authorities based on standard engineering practices.

6.

Proposed land uses of the campus area at the perimeter of the educational campus, and existing land uses adjacent to the perimeter.

7.

Tabular information on existing and proposed enrollment, facility and staff, with projections for three- and five-year intervals.

8.

Evidence of public engagement in the campus planning, and responses to issues raised in that process. This may include, but is not limited to: meeting notices, lists of attendees/participants, meeting/workshop summaries, citizen feedback forms, and formal written responses to issues.

b.

Review of campus master plan.

1.

Pre-application meeting. The applicant may request a pre-application meeting to review the campus master plan prior to formal submittal.

2.

Determination by the director of planning and development. Upon receipt of the campus master plan, the director of planning and development shall determine whether the application, plans, and accompanying documentation are complete.

3.

Review of director's determination. Should the director determine, pursuant to the preceding section, that the application is not complete, the applicant shall have the right within 30 days to appeal that determination to the city council for review and within 30 days of the date of the appeal either affirm or reverse the decision of the director. Should the director's determination be upheld, the application for a CMP shall not be submitted to the city plan commission until it is complete.

4.

Distribution. Once the application is determined complete, the director of planning and development shall date and distribute copies of the application and plans in the following manner:

A.

The original application and the campus master plan shall be retained by the director of planning and development;

B.

Nine copies of the campus master plan shall be forwarded to the city plan commission to begin the review process;

C.

Seven copies of the campus master plan shall be sent to the city council for its information.

D.

One copy of the campus master plan shall be sent each to the city attorney, director of planning and development, city manager, city clerk, and directors of public works, police, and fire departments.

2.

Public hearing. A public hearing on an application for approval of a campus master plan shall be held by the city plan commission within 60 days of determination that an application is complete.

3.

City plan commission recommendations. The city plan commission in review of the campus master plan (CMP) shall examine all plans, documents and exhibits and consider, among others, any of the following guidelines that are relevant to its review:

A.

The design of the development achieves better use of land than may be possible through the strict application of standard zoning and subdivision controls.

B.

The land development is compatible and congruous with adjacent and nearby land developments.

C.

The density of population and development occurs at proper locations, with a sensitivity to residential, historic and environmentally sensitive areas and on land physically suited to construction.

D.

Unique land uses are planned for and located in a manner that ensures harmony with surrounding community.

E.

The plan promotes the efficient use of land resulting in networks of utilities, streets and other infrastructure features that maximize the allocation of fiscal and natural resources.

F.

The plan provides for abundant, accessible and properly located open space and recreational space.

G.

The plan combines building forms and structural/visual relationships within an environment that allows a mix of different land uses in an innovative and functionally efficient manner.

H.

The plan encourages land development that, to the greatest extent possible, preserves natural vegetation, respects natural topographic and geologic conditions and refrains from adversely affecting flooding, soil, drainage, and other natural ecological conditions.

I.

Sufficient buffers and setbacks are established to protect the character and value of neighboring residential and/or historic properties.

J.

The plan provides a safe system for pedestrian, bicycle, motorist and transit routes connecting to existing and future developments.

The city plan commission shall not make findings of fact or conclusions but shall, with regard to the application for a CMP, recommend either approval, approval with modifications or conditions, or denial within 60 days after closure of the public hearing regarding the application. If no action is taken within the 60-day period, the application shall be deemed as a recommendation for approval by the city plan commission and forwarded to the city council. No action shall be taken by the city council until it has received the recommendation of the city plan commission. A recommendation of approval may include recommended conditions for approval of the campus master plan by the city council.

4.

Council review. Upon receipt of the recommendation(s) of the city plan commission on a CMP application, the city council shall hold a public hearing and shall take into account the recommendations of the city plan commission and may take any of the following actions:

A.

Approve the campus master plan as recommended and enact a rezoning ordinance containing all or some of the conditions as set forth in the recommendations of the city plan commission;

B.

Approve the campus master plan subject to such other conditions as the council reasonably deems necessary and enact a rezoning ordinance;

C.

Disapprove the campus master plan.

D.

In reaching its legislative conclusion, the council shall not be required to make written findings of fact or conclusions.

c.

Filing of approved campus master plan. The campus master plan reflecting conditions of the city council's approval shall be submitted to the director of planning and development within one month of the city council's approval. Upon a finding by the director of planning and development that the campus master plan as submitted accurately reflects the terms and conditions of the city council's approval, the owner or its authorized representative shall file the campus master plan with the city clerk.

d.

Review of director's determination of non-compliance. Should the director determine in writing, pursuant to the preceding section, that the CMP as submitted does not accurately reflect the terms and conditions of the city council's approval the applicant shall have the right within 30 days to appeal a determination of non-compliance to the city council to review the determination, and within 30 days of the date of the appeal either affirm or reverse the decision of the director. Should the director's determination of non-compliance be upheld, the CMP shall not be filed with the city clerk as an approved CMP until all inaccuracies are corrected.

e.

Procedure for amendment of campus master plan. In order to amend an approved master plan, the applicant shall file a campus section plan in accordance with the procedures for approval of campus master plan set forth in subsections (c) and (d), above. In reviewing a request to amend a CMP, the city council shall have the same power to vary the dimensional regulations and to vary the uses as it does during an initial review of a CMP application.

a.

Site development plan review. The owner may construct proposed new buildings or other structures that are in substantial compliance with the educational campus zoning or under a campus master plan upon approval of a site development plan and issuance of a building permit.

1.

Plan review by director.

A.

Should the director or the city council determine that the site development plan is in substantial compliance with the approved campus master plan, the site development plan shall be reviewed by the director, in consultation with the city plan commission, without a public hearing.

B.

Should the director determine that the site development plan as submitted does not accurately reflect the terms and conditions of the city council's approval of the CMP or the minimum requirements for a site plan in subsection (b) below, the applicant shall have the right within 30 days to appeal the director's determination to the city council. Within 30 days of the date the director receives such an appeal, the city council shall either affirm or reverse the decision of the director based on the requirements in subsections (b) and (c) below. Should the director's determination of non-compliance be upheld, the site development plan shall not be reviewed or approved until it has been amended to comply with the minimum requirements and the CMP as approved.

2.

Site development plan submittal requirements and city plan commission approval for building permits involving only interior renovation of existing space which does not alter the approved use of the space may be waived by the director.

b.

Minimum requirements.

1.

Every site development plan must contain the following information to be accepted for review by the director:

A.

Location map, north arrow, and plan scale.

B.

Zoning district, subdivision name, lot number, dimensions and area, and zoning of adjacent parcels where different than site.

C.

Name, addresses and telephone number of the person or firm submitting the plan and the person or firm who desires the review comments forwarded to them.

D.

Proposed use of the building and its construction type and distance from adjacent property lines.

E.

Off-street parking spaces, required and proposed, including the number, size and location of those designated for the handicapped.

F.

Storm water volumes before and after development, and MSD approval of type of sanitary sewage treatment and storm water drainage facilities, including retention ponds, bioretention areas, and rain gardens utilizing best management practices.

G.

Dimensions of existing and proposed roadway pavement and right-of-way width for streets abutting the site.

H.

Existing and proposed landscape plan, including name and size of plant material.

I.

Existing and proposed lighting plan, including the direction, intensity and placement of all light fixtures; location and height of all light poles; cut sheet of fixtures and footcandles levels across the site and at property lines.

J.

Existing and proposed contour lines or elevations at two feet intervals based on mean sea level datum, unless otherwise waived by the director of planning.

K.

Location and size of existing and proposed freestanding signs.

L.

Location and identification of all easements (existing and proposed).

M.

Overall dimensions of all buildings including height and number of stories and the gross floor area of each building.

N.

Approximate location of any storm water detention facilities, sink holes and springs, silt berms, ponds and other silt control facilities.

O.

Building setback lines, as approved in the campus master plan.

P.

Additional information to be placed on the plan beyond the requirements listed above may be requested based on review by the director.

2.

Compliance with campus master plans. If applicable, prior to approving any site development plan, the director shall first determine if such plan complies with the approved campus master plan. In determining substantial compliance of a site development plan with the campus master plan, the director shall apply the following standards.

A.

Each proposed building or addition is situated in compliance with established building setback lines.

B.

The proposed building or addition does not exceed the size and height parameters for that building zone as specified in the campus master plan.

C.

The proposed use of the building shall be consistent with the campus master plan designation for said building or addition.

D.

The proposed building or addition shall be timed for completion so that necessary utility upgrades and other requisite infrastructure (including, but not limited to water, sanitary and storm sewer and parking) are available at time of occupancy.

The educational facility shall provide information regarding implementation of its CMP as adopted to facilitate a review every five years by the city department of planning and development. A report shall be filed with the city council regarding status of the campus development and CMP by the department. The report is not an amendment to the master plan. The report shall summarize the progress of implementation of the plan. Should it be determined that implementation is not following the approved plan, an amendment must be filed through the procedures in section 53.259(e).

All construction, alteration, addition, repair, removal, demolition, location, occupancy and maintenance of existing and proposed buildings and structures within a designated educational campus district shall be in accordance with all construction codes of the city as set forth in the applicable provisions of the Revised Code of Ordinances of The City of Webster Groves, Missouri.

An appeal to the city council with regard to the educational campus districts (section 53.250 et seq) must be made within 30 days of the director of planning and development's order, requirement, decision, or determination which is being appealed. The city council will review the determination of the director in light of the compliance standards set forth above, and within 30 days of the date of the appeal either affirm or reverse the decision of the director.

(Ord. No. 8851, 1-6-2015)

This section contains the regulations of the planned environment unit procedure. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this chapter which are incorporated as part of this section by reference. In the event of conflict between such regulations, the PEU regulations shall be applied.

The intent of this section is to provide a voluntary and alternate zoning procedure in the "A1", "A2", "A3" and "A4" districts to permit flexibility in building types, to encourage economic and energy efficient subdivision design, to permit increased density in appropriate circumstances, and to encourage the provision of supporting community facilities in the development of diverse, sound, urban developments under conditions of approved site and development plans. The PEU procedure is to be utilized only in those circumstances where the parcel to be developed would qualify for a conventional subdivision to be constructed under the provisions of the subdivision and zoning regulations of the city. In no circumstances is the PEU procedure to be utilized to provide for development of a parcel which could not be developed alternatively under the conventional subdivision and zoning regulations.

The planned environment unit procedure may be utilized for developments containing five or more lots or units in the "A1" twenty thousand square foot residence district, the "A2" fifteen thousand square foot residence district, the "A3" ten thousand square foot residence district, and the "A4" seventy-five hundred square foot residence district.

The planned environment unit procedure may authorize the following development types and standards:

a.

Any residential use, regardless of the zoning district within which the planned environment unit lies, including one-family dwellings, one-family dwellings attached, two-family dwellings, and multiple family dwellings, and supporting community facilities.

b.

Any non commercial use permitted in the zoning district within which the planned environment unit lies. The area and yard requirements for non dwelling uses shall not be diminished unless authorized by the ordinance authorizing the planned environment unit.

c.

Local public utility facilities.

d.

In planned environment unit developments containing 40 or more lots or units, the following commercial uses may be authorized, when located in a separate rate structure or within a multiple family residence building.

1.

Barber or beauty shops.

2.

Child care centers, nursery schools, or day nurseries.

3.

Sundries and newspaper stands.

4.

Food and drug stores.

5.

Laundry or dry cleaning pick up stations.

6.

Self service laundries or dry cleaning facilities.

7.

Restaurants, excluding fast food restaurants.

The above commercial uses shall not occupy more than five percent of the total gross floor area of all residential buildings within the development, excluding garages. Primary access to these uses shall be from roads and walkways within the development and the uses shall be oriented to and coordinated with the total development. No freestanding signs shall be allowed for the commercial uses. Attached business signs may be authorized by the ordinance authorizing the development, but no one sign shall exceed the lesser of either 50 square feet in area or the permitted size under chapter 54 of the Code.

e.

Without regard to the regulations of the zoning district in which the planned environment unit lies, lot area, yard setback, and height requirements shall be as established in the ordinance authorizing the planned environment unit, with the following restrictions:

1.

Height limitations for structures may be modified by the city council with respect to any structure proposed in an application for a planned environment unit, provided that any residential structure exceeding three stories in height or 35 feet shall be set back from all planned environment unit boundary lines at least one additional foot for each foot of height above 35 feet above the average finished ground elevation at the perimeter of such structure.

2.

Except as noted for front yard setbacks below, setbacks along boundary lines of a planned environment unit shall be determined as if the unit is one lot. In determining the boundaries of the planned environment unit, consideration should be given to the rear yard set back requirements of the adjacent properties, the intensity of the adjoining use, the size and placement of the buildings in the proposed environment unit, and, in any event the minimum boundary set back, other than the front yard set back, for planned environment unit will be 25 feet. The city council may require that open parking spaces be depressed below the grade of the remainder of the property or screened by walls, fences, or plant material, or by both methods in order to preserve and complement the general character of any existing developments on adjacent properties.

3.

In the event that greater than 50 percent of the existing dwelling structures on the same side of a street and in both directions from the proposed development, for a distance of 500 feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten feet, the required front yard for structures on that side of the street in the proposed development shall be the average setback of the existing dwelling structures with less than a ten-foot variation in front yard setback. However, in no case shall any building be located closer than 15 feet from any roadway right-of-way line, nor shall a setback of greater than 60 feet be required.

f.

The ordinance establishing the planned environment unit may permit individual lot areas of any size or may permit developments with no individual lots as where there is condominium development or common ownership of all or part of the lot areas of the PEU. Yard setbacks may vary with each dwelling unit and zero lot lines may also be authorized where one-family attached or detached dwellings are included in the development.

a.

The number of lots or units allowable in a PEU shall be calculated as follows:

1.

By dividing the net area of a hypothetical conventional subdivision of the proposed parcel by the minimum lot area requirements for a residential unit of the residence district or districts in which the subdivision is located. The applicant seeking the peu shall submit to the city a plat of the subject parcel showing a conventional subdivision which would be permitted under the subdivision and zoning regulations of the city, without resort to any variances. The net area shall be determined by deducting from the gross area of this hypothetical subdivision any land identified as being within the flood plain and any land which would be utilized for roadway right-of-way purposes, excluding right-of-way dedication for widening existing roadways; and

2.

By rounding off the resulting number to the nearest whole number.

b.

To encourage creative and high quality subdivision designs and in recognition of the increased development costs which may be incurred in developments which preserve unique or valuable topographical conditions or environmental assets of a parcel, the city council may approve up to 20 percent more units than otherwise would be permitted by the calculation described in paragraph a. above. The maximum number of lots or units allowable under this paragraph shall be calculated:

1.

By determining the number of units permitted under the provisions of subsection (a) above; and

2.

By multiplying the resulting number by 120 percent.

c.

The city council may approve the additional units as calculated under the provisions of subsection (b) above, if the council, upon review of the proposed planned environment unit finds that the proposal will accomplish two or more of the following objectives:

1.

Retention of, and avoidance of damage to, a substantial number of existing trees by imaginative land planning and building design.

2.

Minimization of grading by imaginative land planning and design.

3.

Retention of substantial amount of open space, not including driveways, road and parking areas.

4.

Development of exterior building design intended to be compatible and harmonious with nearby residential development.

The owner, or owners under contract, of any parcel of land may submit to the city a plan for the use and development of all or part of such parcel for the purpose of meeting the requirements set forth in this section. The planned environment unit shall be designed as a whole, unified single project in compliance with the minimum requirements of the residence district in which it lies or the requirements of this section; if to be built in stages, each stage shall conform with the approved plan.

a.

Plan commission recommendation. The plan commission shall determine the suitability of a planned environment unit based on the criteria herein established and that required for conditional use permits, as established in section 53.173.

The plan commission's recommendation shall also be based upon whether the planned environment unit proposal is consistent with good general planning practice and with good site planning; can be constructed and operated in a manner that is not detrimental to the permitted uses in the district; and would be visually compatible with the uses in the surrounding area. The plan commission shall also consider the architectural, landscape, and other relationships, which may exist between the proposed development and the character of the surrounding neighborhood and shall prescribe and require such physical treatment or other limitations as will, in its opinion, enhance the neighborhood character. The recommendation, along with preliminary plans and conditions where approval has been recommended, shall be forwarded to the city council for its consideration. The plan commission may condition its approval of the proposal upon the owner's agreeing to reasonable additional requirements as to landscaping, utility placement, lighting, screening, access ways, building distances, yard limitations and buffer zones for the protection of adjoining residential property.

b.

City council action. Upon receipt of the plan commission's recommendation, the city council shall hold its public hearing and either approve or deny the proposal, utilizing the same criteria as utilized by the plan commission in its review process.

c.

Approval of a planned environment unit (PEU) shall proceed in accordance with the provisions of section 53.800 "changes and amendments" et seq.

(Ord. No. 9037, §1,10-2-2018)

Approval of a planned environment unit (PEU) final development plan shall proceed in accordance with the provisions of section 53.800 "changes and amendments" et seq.

(Ord. No. 9037, §1,10-2-2018)

The regulations set forth in this section or when referred to elsewhere in this zoning code, are the district regulations in the PC planned commercial district.

The PC planned commercial districts shown on the zoning district map shall be developed upon submission and acceptance of an approved development plan submitted simultaneously with the establishment of a district or subsequent thereto as provided by law, in order to provide for modern shopping and office centers of integrated design.

In a PC planned commercial district, the permitted and conditional uses found in section 53.159 of this article; however, no sexually oriented business shall be permitted in any PC planned commercial district and the specific ordinance authorizing the establishment of a particular PC planned commercial district or development plan thereunder related to a specific tract may further limit the uses permitted on the tract.

(Ord. No. 9038, §1, 10-16-2018)

Approval of a "PC" planned district shall proceed in accordance with the provisions of section 53.800 "changes and amendments" et seq.

(Ord. No. 9037, §1,10-2-2018)