Wildwood City Zoning Code
SECTION 415
190 "C-8" Planned Commercial District.
[R.O. 1997 § 415.190; Ord. No. 1324 App. A § 1003.145, 8-14-2006; Ord. No. 1527 § 1, 7-14-2008]
A.
Scope Of Provisions. This Section contains the district regulations of the "C-8" Planned Commercial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter, in the Subdivision Code of the City[1] and other applicable City ordinances which are incorporated as part of this Section by this reference. The Planned Commercial District may be described in the manner outlined below.
B.
Purpose. The "C-8" Planned Commercial District encompasses areas where developments and uses permitted in any of the other "C" Commercial Districts may be located. It is the purpose of these regulations to facilitate the establishment of combinations of developments and uses for which no provision is made in any other single "C" Commercial District or the establishment of developments and uses in locations appropriate under approved site plans and conditions. Such approved plans and conditions shall be consistent with good planning practice and compatible with permitted developments and uses in adjoining districts, so as to protect the general welfare, while promoting an environmentally sensitive design of improvements reflecting the natural characteristics of the site.
C.
Establishment.
1.
A Planned Commercial District may be established on a tract of land in single ownership or management control provided that:
a.
The preliminary development plan and the application for change of zoning are approved by the City Council;
b.
A site development plan is approved by the Planning Commission and recorded in compliance with requirements of this Section; and
c.
The schedule of construction is complied with in accordance with the requirements of this Section.
2.
A Planned Commercial District may be established by ordinance of the City Council in the same manner that other mapped districts are established where the City Council determines that any particular tracts or areas should be developed for commercial use, but because of possible conflicts with adjoining uses, more development control is necessary to protect the general welfare than is possible under the regulations of the other "C" Commercial Districts.
3.
A Planned Commercial District shall not be established on any tract of land less than one (1) acre that has a common property line with any "R" Residence District or "NU" Non-Urban Residence District and does not have a common property line with any "C" Commercial or "M" Industrial District. However, this requirement shall not apply to properties of less than one (1) acre which are in a "C" Commercial or "M" Industrial District.
D.
Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:
2.
Permitted land use and developments shall be established in the conditions of the ordinance governing the particular Planned Commercial District; specific uses may include those uses designated as permitted, accessory or conditional in any of the "C" Commercial Districts" and any land use activity defined in the Town Center Regulating Plan under the categories of commercial, workplace, neighborhood center and neighborhood general.
E.
Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500, Conditional Use Permit Procedure:
1.
Satellite dishes [see provisions of Section 415.380(R)].
2.
Payday loan establishments [cannot be located within two thousand six hundred forty (2,640) feet of a similar payday loan establishment or two hundred (200) feet of an occupied residential unit].
F.
Performance Standards. All uses established in a Planned Commercial District shall operate in accord with performance standards contained in Section 415.250, Zoning Performance Standard Regulations. These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance governing the particular Planned Commercial District.
G.
Height Limitations For Structures. Unless otherwise restricted by application of regulations in Section 415.240, Air Navigation Space Regulations, the total height of any structure shall be limited by the conditions of the ordinance governing the particular Planned Commercial District or, in the case of a wireless support structure, disguised support structure or the substantial modification thereof, as authorized by Chapter 430 of the City Code.
[Ord. No. 2417, 12-10-2018]
H.
Development Standards. The development standards and requirements for land uses in this district shall be as follows:
1.
Minimum Lot Area. No minimum lot area shall be required for this district, except as specified in Section 415.190, but lot dimensions shall be sufficient to meet other requirements set forth in this Section or in the conditions of the ordinance governing the particular Planned Commercial District.
2.
Development Limitations. Not more than one (1) dwelling unit per each twelve thousand (12,000) square feet of lot area designated for such use shall be permitted in structures containing offices with affiliated dwelling units.
3.
Minimum Yard Requirements — General. Setbacks for parking areas, internal drives, loading spaces and structures shall be established in the conditions of the ordinance governing the particular Planned Commercial District.
4.
Particular Yard Requirements.
a.
No parking area, internal drive, loading space or structure shall be permitted within forty (40) feet of a property line adjoining property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District. In addition to the minimum forty (40) feet, any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District shall be set back an additional one (1) foot for every two (2) feet in height above thirty (30) feet. Greater setbacks may be required by condition if necessary to ensure compatibility with adjoining developments or uses.
b.
Boundary walls or fences, six (6) feet in height or less, are permitted within the minimum yard requirements, unless otherwise restricted in the conditions of the ordinance governing the particular Planned Commercial District.
5.
Off-Street Parking And Loading Requirements. The off-street parking and loading requirements for any use or building in a Planned Commercial District shall be the same as any other "C" Commercial District as set forth in Section 415.280, Off-Street Parking and Loading Requirements — General, unless otherwise established in the ordinance governing the particular Planned Commercial District.
6.
Natural Resources And Tree Preservation Standards. The natural resource protection standards set forth in Section 420.200 and the tree canopy requirements established by the Tree Preservation Code[2] may be modified in the conditions of the ordinance governing the particular Planned Commercial District pursuant to Subsection (J).
I.
Sign Regulations. Specific sign regulations shall be established in the conditions of the ordinance governing the Planned Commercial District in accord with the provisions of Section 415.400, Sign Regulations — General. However, in no instance shall these requirements be less restrictive than sign regulations for any of the other "C" Commercial Districts.
J.
Standards For Modifications.
1.
No development standard shall be established pursuant to Subsection (H)(1) through (5) that lessens a regulation otherwise applicable to other "C" Commercial Districts and no modification shall be approved of an otherwise applicable development regulation pursuant to Subsections (H)(6) through (7) unless, after review by the Planning and Zoning Commission and Director of Planning, the City Council shall determine the proposed standard or modification:
a.
Will achieve the specific purposes a "C-8" is intended to meet as a condition of its approval pursuant to this Section;
b.
Will not violate the general purposes, goals and objectives of the zoning and subdivision ordinances, other applicable development regulations and the City of Wildwood Master Plan; and
c.
Will address any negative impacts that may result from such lesser standard or modification through appropriate mitigating actions.
2.
No modifications shall be implied and all such modifications shall be expressly set forth with reference to the authority in this Subsection.
K.
Procedure For Establishment Of "C-8" Or Approval Of Site Plan In Existing "C-8." In order to establish a Planned Commercial District through a change of zoning or to obtain approval of a site development plan in order to utilize land in an established Planned Commercial District, the procedure shall be as follows:
1.
Application. The owner or owners of record or owners under contract of a lot or tract of land or their authorized representatives shall petition the City Council on forms prescribed for this purpose by the Planning Commission. These forms are to be submitted to the Department of Planning and accompanied by the following:
b.
Legal description of the property;
c.
Outboundary plat of the property;
d.
Preliminary development plan depicting, but not limited to, the following:
(1)
Proposed Uses. In single-lot developments approximate location of buildings and other structures as well as parking areas shall be indicated. In multiple-lot developments, conceptual locations and configuration of buildings, approximate locations of common ground areas, major utility easements and stormwater retention areas shall be indicated.
(2)
Existing and proposed contours at vertical intervals of not more than five (5) feet referred to sea level datum. Floodplain areas shall be delineated.
(3)
Approximate location of all isolated trees having a trunk diameter of six (6) inches or more than one (1) foot above grade, all tree masses and proposed landscaping.
(4)
Two (2) section profiles through the site showing preliminary building form, existing natural grade and proposed final grade.
(5)
Proposed ingress and egress to the site, including adjacent streets and approximate alignments of internal roadway systems.
(6)
Preliminary plan for sanitation and drainage facilities.
2.
Public Hearing. A public hearing on the petition shall be held in accordance with the provisions of Section 415.560, Procedure for Amending the Zoning Ordinance; provided, however, a public hearing shall be set within forty-five (45) days of a determination by the Department of Planning that a fully conforming petition, fee and related plan, documents and required information has been submitted to and received by the Department of Planning.
3.
Planning Commission Recommendation. No action shall be taken by the City Council with respect to the petition until it has received the recommendation of the Planning Commission. The recommendation shall address general planning considerations, including consistency with good planning practice and compatibility with adjoining permitted developments and uses. A recommendation of approval shall include recommended conditions to be included in the ordinance authorizing the establishment of the Planned Commercial District or approval of the site development plan in a Planned Commercial District. Such conditions shall include, but not be limited to, the following:
a.
Permitted uses, including maximum floor area;
b.
Performance standards;
c.
Height limitations;
d.
Minimum yard requirements;
e.
Off-street parking and loading requirements;
f.
Sign regulations;
g.
Minimum requirements for site development plans;
h.
Time limitations for commencement of construction.
i.
Impact fees or dedications reasonably attributable and proportional to the impact or costs resulting from the proposed development.
4.
Site Development Plans.
a.
After passage by the City Council of an ordinance authorizing the establishment of a Planned Commercial District and requiring submission of a site development plan, such plans shall be submitted in accord with the following provisions. No building permits in authorization for improvement or development for any use requested under provisions of this Chapter shall be issued prior to approval of such plans.
b.
Plans shall be submitted to the Planning Commission for review and approval. These plans shall contain the minimum requirements established in the conditions of the specific ordinance governing the Planned Commercial District and, further, shall comply with provisions of Chapter 420, Subdivision and Development Regulations, and other applicable ordinances.
c.
Within sixty (60) days of approval, the site development plan shall be recorded with the St. Louis County Recorder of Deeds and thereby authorize development as depicted thereon with a copy to be filed with the City of Wildwood.
L.
Procedure For Amendment Of Conditions Or Plans. In order to amend the provisions of an existing "C-8" District ordinance or to amend the recorded site development plan approved for the Planned Commercial District, the procedure shall be as follows:
1.
To amend the "C-8" District ordinance:
a.
The property owner or authorized representative shall submit a written request to amend ordinance conditions to the Department of Planning for review. The Department shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.
b.
If the Department of Planning determines that the requested amendment is consistent in purpose and content with the original proposal as advertised, the Department shall so report to the Planning Commission. The Planning Commission shall review the request and the report of the Department and then forward a recommendation to the City Council. A recommendation of approval shall include conditions to be included in the amended ordinance.
c.
If the Department of Planning determines that the requested amendment is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, the Department shall so report to the applicant and the Planning Commission. The Planning Commission shall then review the proposed ordinance amendment and forward a recommendation to the City Council. The Planning Commission may, if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with the proceedings specified in Section 415.560, Procedure for Amending the Zoning Ordinance.
2.
To amend the recorded site development plan or site development concept plan approved for the Planned Commercial District:
a.
The property owner or authorized representative shall submit an amended site development (concept) plan to the Department of Planning for review. The Department shall then evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing and the preliminary development plan approved by the City Council.
b.
If the Department of Planning determines that the proposed amendment to the site development plan is major in nature and is not in conflict with the original proposal as advertised and the approved preliminary development plan and meets all conditions of the Planned Commercial District ordinance, said plan shall be reviewed and approved by the Planning Commission. Said amended plan shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.
c.
If the Department of Planning determines that the proposed amendment to the site development plan is minor in nature and is not in conflict with the original proposal as advertised and the preliminary development plan and meets all conditions of the Planned Commercial District ordinance, the Department may approve said amended plan. Said plan shall be retained on file by the Department of Planning. However, when conditions of a particular Planned Commercial District ordinance are amended which necessitate an amended site development plan, the Commission shall review and approve said amended plans and they shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.
d.
If the Department of Planning determines that the proposed amendment to the site development plan is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing or with the preliminary development plan approved by the City Council, the Department shall so report to the applicant and the Planning Commission. The Planning Commission shall then review the proposed site plan amendment and make a final determination. The Planning Commission may, if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with proceedings specified in Section 415.560, Procedure for Amending the Zoning Ordinance.
e.
All amendments to site development concept plans shall be reviewed and approved by the Planning Commission and shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.
f.
The Planning Commission may approve partial amended site development plans, site development concept plans and site development section plans for developments approved prior to enactment of this Chapter when the conditions of the ordinance governing such particular "C-8" Planned Commercial District do not permit review of development plans in accord with the provisions of this Section. Such partial amended plans shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.
3.
To Amend A Site Development Section Plan Approved For A Planned Commercial District. If the Department of Planning determines that the proposed amendment to the site development section plan is not in conflict with the approved site development concept plan and meets all conditions of the Planned Commercial District ordinance, the Department may approve said amended plan. Said plan shall be retained on file by the Department of Planning.
4.
Appeal To Commission Of A Decision By The Department In Reviewing Development Plans. The petitioner/developer may appeal a decision by the Department of Planning, in cases where the Department of Planning is authorized to review development plans, to the Planning Commission. The petitioner shall have a fifteen (15) day period in which to file a written appeal and plan with the Commission. The written appeal, stating the reasons for the appeal, shall be submitted to the Department. The Commission will make the final determination of the matter. No exceptions will be granted that are in violation of the particular ordinance governing the development plan.
M.
Guarantee Of Improvements. Unless otherwise provided for in the conditions of the ordinance governing a particular Planned Commercial District, no building permits or permits authorizing the occupancy or use of a building, facility, commercial establishment or service concern may be issued nor shall be effective until required related off-site improvements are constructed or cash or a surety bond is posted covering their estimated cost as determined by the Department of Planning. This requirement shall not apply to foundation permits or permits necessary for the installation of required related off-site improvements. Required related off-site improvements shall include, but not be limited to, streets, sidewalks, sanitary and storm sewers, street lights and street trees. If a Planned Commercial District is developed in sections, the requirement shall also apply to all major improvements necessary to the proper operation and function of the section in question, even though such improvements may be located outside of the section in question.
N.
Failure To Commence Construction. Substantial construction shall commence within the time period specified in the conditions of the ordinance governing the Planned Commercial District, unless such time period is extended by the Planning Commission. If substantial construction or development does not begin within the time period specified in the conditions of the ordinance governing the district or extensions authorized therein, the Director of Planning and Parks shall notify the Planning Commission within forty-five (45) days of that date to initiate a resolution of intent for the purpose of a new public hearing reverting the property to its prior zoning classification in accord with proceedings specified in Section 415.560, Procedure for Amending the Zoning Ordinance. No building or occupancy permit shall be issued for the development or use of the property until completion of action by the City Council on the proceedings to rezone the property in accord with the provisions of the above-noted Section.