[R.O. 2005 §30-26; CC 1997 §30-26; Ord. No. 2083 §15, 6-5-1996; Ord.
No. 3035 §7, 7-20-2011; Ord. No. 3037 §2, 8-17-2011]
A. Purpose. The regulations set forth in this Section or set
forth elsewhere in this Chapter, when referred to in this Section,
are the regulations in the "OS" Open Space Single-Family Residential
Zoning District. All lots in this zoning district shall be restricted
to one (1) habitable residential structure per lot.
B. Permitted Uses. A building or premises shall be used only
for the following purposes:
2. Day care home under Section
400.450 herein.
C. Conditional Uses.
Short term residential rentals.
[Ord. No. 3312 § 2, 3-15-2017]
D. Accessory Uses.
1. Accessory building and uses including private stables, home occupations,
private garages, carports, storage and ancillary structures.
2. Residential swimming pools and hot tubs (St. Louis County Health
Department Standards Regulations shall govern).
3. Any accessory building that is not a part of the main structure shall
not be located in front of the front building line and must conform
with all other applicable setback requirements.
4. Accessory buildings which are not a part of the main building although
connected by an open breezeway may be built on a required side or
rear yard, but such accessory building shall not be nearer than ten
(10) feet to any side or rear lot lines nor shall any such accessory
building occupy more than thirty percent (30%) of the required rear
yard.
5. No accessory building shall be constructed upon a lot until the construction
of the main building has been actually commenced and no accessory
building shall be used for dwelling purposes.
6. A garage or carport shall conform with all building and other regulations
applicable to the residential structure.
7. All private garages, storage and structures and ancillary structures
shall comply with setback requirements applicable to this zoning district.
8. The height of a private garage or carport, storage garage or structure
or ancillary structure shall not exceed the maximum height of the
existing building. A private stable shall not exceed the height of
twenty-five (25) feet. A private garage, stable or carport, storage
garage or structure or ancillary structure shall not exceed seventy-five
percent (75%) of the floor space of the principal living area of the
original structure as determined and/or measured from and around the
outside wall faces of said area.
9. Persons wishing to construct and use additional attached or detached
garages or carports, storage garages or structures or ancillary structures
within this zoning district must receive a building permit from the
Building Official.
10. Persons wishing to construct and use more than one (1) detached garage,
carport, storage garage or structure, ancillary structure or any combination
of the aforementioned within this zoning district or which do not
comply with the above must receive approval from the Architectural
Review Board as well as review and approval of the proposed construction
by the Code Enforcement Officer. However, the Architectural Review
Board may not authorize an accessory structure to exceed the parameters
of the definition of an accessory structure, which requires it be
subordinate in use and size.
E. Parking Requirements.
1. Single-family dwelling. Minimum of two (2) parking
spaces, covered or uncovered.
2. Commercial vehicles may not be displayed or advertised for sale in
this zoning district regardless of vehicle or property ownership.
3. No motor vehicle licensed in excess of eighteen thousand (18,000)
pounds gross vehicle weight may be parked in this zoning district
with the exception of vehicles while making local deliveries.
4. Any new driveway or existing driveway widened from a single driveway
to a double driveway shall be constructed of a finished hard surfaced
material and shall be similar to that which already exists.
5. Driveways and surfaced parking areas shall not occupy more than thirty
percent (30%) of a front yard.
6. All parking shall be further restricted and/or prohibited in conformance
with , Traffic and Motor Vehicles, of the Municipal Code of the City
of Ellisville.
F. Area Requirements.
1. Minimum lot area per dwelling unit. Three (3) acres
(one hundred thirty thousand six hundred eighty (130,680) square feet),
not including twenty-five (25) feet for roadway dedication. No new
lots shall be created of less than three (3) acres in area.
2. Minimum width of lot. Two hundred (200) feet measured
at the required building line.
3. Minimum floor area. One thousand eight hundred (1,800)
square feet and a minimum of six (6) rooms. Developments with six
(6) or more units: an average of one thousand seven hundred (1,700)
square feet per unit, with a minimum of one thousand five hundred
(1,500) square feet.
4. Minimum depth of front yard. Fifty (50) feet.
5. Minimum width of side yard. Fifty (50) feet.
6. Minimum depth of rear yard. Seventy-five (75) feet.
7. Where a lot is located at the intersection of two (2) or more streets,
there shall be a front yard on each street side of a corner lot. No
accessory building shall project beyond the front building line on
either street.
8. Where lots have a double frontage, the required front yard shall
be provided on both streets.
9. All buildings shall occupy no more than fifty percent (50%) of the
lot or tract.
10. No private stable shall be allowed within one hundred (100) feet
of any property line. Affiliated pasture areas shall be fenced.
G. Height Requirements. The maximum height of a building or
structure in this district is three (3) stories or thirty-five (35)
feet, excluding basements.
H. Exterior Finish Requirements.
1. As defined by this Chapter, the word "masonry" shall
include brick veneer and/or stone veneer for outside construction,
but shall exclude cinder block, calicrete cement, block and imitation
stone. The use of asbestos shingles or asbestos siding shall not be
permitted.
2. The exterior design within each area of a subdivision shall be varied.
3. All residential buildings in the Open Space Single-Family Residential
Zoning District shall be of a masonry construction as hereinafter
described. A minimum of eighty percent (80%) of such residential building
shall be of masonry construction.
a. The eighty percent (80%) masonry construction of each residential
building may be reduced in accordance with the gross floor area, excluding
basement and garage, as follows:
(1)
One thousand five hundred (1,500) square feet to one thousand
eight hundred (1,800) square feet, to not less than thirty-five percent
(35%) masonry;
(2)
One thousand eight hundred one (1,801) square feet to two thousand
three hundred (2,300) square feet, to not less than twenty percent
(20%) masonry;
(3)
Two thousand three hundred one (2,301) square feet or larger,
no masonry construction required.
b. In determining the amount of masonry required in each residential
building, the following formula shall be used:
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The total square feet of all sides of the building from foundation
to roof line, excluding eaves, gables and the garage door, times the
percentages required as referred to above (eighty percent (80%), thirty-five
percent (35%) or twenty percent (20%), shall equal the square feet
of masonry required in each building.
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4. Applications for construction of a residence in this zoning district where a single lot exists in an established neighborhood, which would not comply with the allowed masonry construction percentage reduction as provided for in Subsection
(H)(3)(a) shall be made to the Architectural Review Board.
5. Any exterior wall construction material other than finished face
brick or stone as required by this Section must be approved by a majority
vote of the Architectural Review Board and approved by majority vote
of the Council. Presentation of alternative construction materials
as provided by the Section shall include renderings, photos, blueprints
and other graphic aids as may be required to define the appearance
of the finished product, as well as its durability as to exterior
wall construction. Face brick or natural stone construction does not
require approval of the Council or Architectural Review Board.
6. The use of alternate exterior design materials consistent with the
original exterior design materials may be permitted by the City Planner
in conjunction with building additions, alterations or remodeling
if said materials are compatible with pre-existing materials and those
materials of surrounding dwelling units.
7. In the event of diminishment of the square footage of the original principal structure, the exterior design materials of said structure must be brought into compliance with those materials of surrounding dwelling units or in compliance with Subsection
(H)(3)(a) whichever is less restrictive.
I. Site Design Requirements.
1. Sidewalks shall not be required in this zoning district.
2. All new construction within this zoning district shall require the
dedication of road right-of-way of a width determined by the City
to be sufficient for roadway widening purposes. Said roadway right-of-way
dedication may be required to be paved and done so at a time and in
a manner prescribed by the Council. The City Planner may waive said
roadway dedication in the case of single lot residential construction.
3. All development, improvements and uses in this district shall comply with all applicable regulations contained in Article
VIII, Site Design, of this Chapter as well as Section
405.350, Woodlands Preservation.
[R.O. 2005 §30-27; CC 1997 §30-27; Ord. No. 2019 §1, 10-18-1995; Ord. No. 2083 §16, 6-5-1996; Ord. No. 2105 §1, 8-21-1996; Ord.
No. 2854 §2, 11-7-2007; Ord. No. 2932 §3, 2-4-2009; Ord.
No. 3035 §7, 7-20-2011; Ord. No. 3037 §3, 8-17-2011]
A. Purpose. The regulations set forth in this Section or set
forth elsewhere in this Chapter, when referred to in this Section,
are the regulations in the "R-1" Single-Family Residential Zoning
District. All lots in this zoning district shall be restricted to
one (1) habitable residential structure per lot.
B. Permitted Uses. A building or premises shall be used only for the following purposes (as defined in Section
400.090 where applicable):
3. Day care home under Section
400.450 herein.
6. Christmas tree lot as defined in Section
400.090.
C. Conditional Uses.
Community center.
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Church or other non-denominational place of worship. [Ord. No. 3141 §1, 12-4-2013]
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Day-care center.
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Group home. No group home shall be located
within two thousand five hundred (2,500) feet of another group home.
The exterior appearance of the home and property shall be in reasonable
conformance with the general neighborhood standards. Group homes shall
be eleemosynary or not-for-profit in nature.
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Hospital.
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Library.
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Liquor sales in conjunction with permitted uses and conditional
uses.
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Museum.
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Nursing home facility.
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Private civic, fraternal or charitable club.
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Public building.
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Public park and playground.
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Recreation facility, public or private.
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School, college (other than public).
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Short term residental rentals. [Ord. No. 3312 § 2, 3-15-2017]
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Utility facility.
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D. Accessory Uses.[Ord. No. 3135 §1, 11-20-2013]
1.
Accessory building, private garages, carports, storage and ancillary structures, all as defined in Section
400.090.
a.
No accessory building shall be constructed upon a lot until
the construction of the main building has been actually commenced.
b.
No accessory building shall be used for dwelling purposes.
2.
Residential swimming pools and hot tubs (St. Louis County Health
Department Standards Regulations shall govern).
E. Area Requirements For Accessory Building(s) And Ancillary
Structure(s).[Ord. No. 3135 §1, 11-20-2013]
1.
Any accessory building or ancillary structure which is not a
part of the main building shall not be located in front of the front
building line.
2.
Any accessory building and ancillary structure which is not
a part of the main building may be built on a required side or rear
yard, hut such accessory building or ancillary structure shall not
be nearer than ten (10) feet to any side or rear lot line.
3.
Accessory buildings and ancillary structures shall not occupy
more than thirty percent (30%) of the required rear yard. There shall
be not more than two (2) accessory buildings or ancillary structures
with a combined maximum area of six hundred (600) square feet.
4.
The height of a private garage or carport, storage garage or
structure, accessory building or ancillary structure shall not exceed
the maximum height of the existing building.
5.
A private garage or carport, storage garage or structure, accessory
building or ancillary structure shall not exceed seventy-five percent
(75%) of the floor space of the principal living area of the original
structure as determined and/or measured from and around the outside
wall faces of said area.
6.
Unenclosed decks and porches which are attached to the main
structure shall comply with the setbacks required for the principal
structure, unless otherwise approved by the City Council.
7.
Persons wishing to construct and use more than two (2) accessory
buildings or ancillary structures or any combination within this zoning
district or which do not comply with the above must receive approval
from the City Council as well as review and approval of the proposed
construction by the Building Official. However, the City Council may
not authorize an accessory building or ancillary structure to exceed
the parameters of the definition of an accessory building, which requires
it be subordinate in use and size.
F. Parking Requirements.
1. Single-family dwelling. Minimum of two (2) parking
spaces, covered or uncovered.
2. Off-street parking for non-residential uses in this zoning district
must be approved by the conditional use procedure.
3. Any new driveway, driveway extension, driveway widening, expansion,
turnaround area, addition, pad areas or other driveway improvement
shall be constructed of a finished hard surfaced material and shall
be similar to that which already exists.
4. No motor vehicle licensed in excess of eighteen thousand (18,000)
pounds gross vehicle weight may be parked in this zoning district.
Motor vehicles licensed eighteen thousand (18,000) pounds gross vehicle
weight or less, but in excess of twelve thousand (12,000) pounds gross
vehicle weight, must be parked or stored in the driveway or behind
the front building line. Vehicles, while making local deliveries or
providing local services, are exempt from the provisions of this Section.
5. Driveways and surfaced parking areas shall not occupy more than thirty
percent (30%) of a front yard.
G. Area Requirements.
1. Lot sizes. The size of lots or other provisions
for residential use shall be as follows:
a. Option I—minimum lot area per dwelling unit. One-half (½) acre (twenty-one thousand seven hundred eighty
(21,780) square feet), including twenty-five (25) feet of roadway
frontage and twelve thousand (12,000) square feet minimum lot area
for existing platted lots for residential use.
b. Option II. The following requirements are established
as exceptions to Option I if, at the discretion and choice of the
City, a park area of ten percent (10%) of the total subdivision area
is established or a sum of money equal to ten percent (10%) of the
market value of the unimproved land intended to be subdivided is paid
to the City. If the City elects to require said sum of money, such
sum is to be used by the City, as determined by the Council who may
first request a recommendation from the Park Board, for the purchase,
development or maintenance of City parks and/or facilities.
(1)
The overall density shall not exceed two and one-half (2½)
single-family residential dwelling units per acre including parks
and roadways. No lot shall be less than twelve thousand (12,000) square
feet in area exclusive of roadways or park areas or both.
(2)
For a proposed subdivision application to receive consideration
for acceptance by the City, such proposed park area(s) must be usable
and suitably located with adequate road entrances and must be reviewed
and recommended by the Planning and Zoning Commission and approved
by the Council who may first request a recommendation from the Park
Board. Such park area shall be established by the subdivider either
by dedication to public use in the plat approved by the City Planning
and Zoning Commission or shall be established by covenants running
with the land contained in deeds for each lot in the subdivision and
shall be recorded with the St. Louis County Recorder of Deeds.
(3)
If the proposed park dedication is denied by the City of Ellisville,
the developer may still elect to develop under Option II by paying
to the City a sum of money equal to ten percent (10%) of the market
value of the unimproved land intended to be subdivided, paid on basis
of the market value of the entire area to be developed, not only on
the basis of individual lots which do not conform with Subsection
(F)(1)(a).
(4)
The market value of such unimproved land to be subdivided may
be determined by real estate appraisal or mutual agreement between
the Council and the developer. Said real estate appraisal may be waived
if the subdivider or developer and the Council are able to enter into
a voluntary agreement regarding the value of the unimproved land.
Such agreement is to be reached at a public meeting of the Council
with minutes recording the basis of the agreement. If an appraisal
must be made, said appraisal must be performed by a State certified
general real estate appraiser and the cost of same shall be paid by
the subdivider or developer with the selection of an appraiser made
by the City.
(5)
The Council may give consideration to other park dedication
and/or sums of money in lieu thereof options including, but not limited
to:
(a)
A combination of park ground dedication and cash in lieu park
to comprise a combined area and/or amount equal to the total requirement
of this Section.
(b)
Land outside of the subject subdivision being considered as
part or all of the park dedication requirement of this Section.
(6)
Each developer or subdivider who establishes such a park as
provided for herein or has complied with Subsection (F)(1)(b)(3) shall
pay to the City the sum of thirty-five dollars ($35.00) for each lot
in the subdivision, payable upon issuance of each individual building
permit, to be used for the development or maintenance of City parks.
(7)
The architectural design of the houses in each subdivision shall
be sufficiently varied so as to eliminate undue uniformity in appearance.
2. Minimum width of lot. One hundred (100) feet measured
at the required building line.
3. Minimum floor area. One thousand five hundred (1,500) square feet and a minimum of six (6) rooms. For existing dwelling units as of the date of enactment of this Section, minimum floor area shall be nine hundred (900) square feet. It is the intention of this Section that existing lots with nine hundred (900) square foot or larger dwelling units are to be considered as conforming lots and structures for purposes of the application of Section
400.120.
4. Minimum depth of front yard. Thirty-five (35) feet.
Consideration shall be given by the Council to adjusting the setback
or front building line from that required for residential development
to retain, whenever possible, existing topography, rock formations,
large trees, natural features, natural watercourses, historical sites
or other similar assets. The minimum front yard setback for properties
within the Autumn View Subdivision shall be twenty-five (25) feet.
5. Minimum width of side yard. Ten (10) feet.
6. Minimum depth of rear yard. Thirty (30) feet.
7. Where a lot is located at the intersection of two (2) or more streets,
there shall be a front yard on each street side of a corner lot. No
accessory building shall project beyond the front building line on
either street.
8. Where lots have a double frontage, the required front yard shall
be provided on both streets.
9. All buildings shall occupy no more than fifty percent (50%) of the
lot or tract.
H. Height Requirements.
1. The maximum height of a single-family dwelling is two and one-half
(2½) stories or thirty-five (35) feet, excluding basements.
2. Other permitted and conditional uses. Maximum height
of fifty-five (55) feet and church and temple spires and steeples
to a maximum height of seventy-five (75) feet, provided that the building
is set back from all yard lines at least one (1) foot for each foot
of height or in conformance with all other applicable setback requirements,
whichever is greater.
I. Exterior Finish Requirements.
1. As defined by this Chapter, the word "masonry" shall
include brick veneer and/or stone veneer for outside construction,
but shall exclude cinder block, calicrete cement, block and imitation
stone. The use of asbestos shingles or asbestos siding shall not be
permitted.
2. The exterior design within each area of a subdivision shall be varied.
3. All residential buildings in the "R-1" Single-Family Residential
Zoning District shall be of a masonry construction as hereinafter
described. A minimum of eighty percent (80%) of such residential building
shall be of masonry construction.
a. The eighty percent (80%) masonry construction of each residential
building may be reduced in accordance with the gross floor area, excluding
basement and garage, as follows:
(1)
One thousand five hundred (1,500) square feet to one thousand
eight hundred (1,800) square feet, to not less than thirty-five percent
(35%) masonry;
(2)
One thousand eight hundred one (1,801) square feet to two thousand
three hundred (2,300) square feet, to not less than twenty percent
(20%) masonry;
(3)
Two thousand three hundred one (2,301) square feet or larger,
no masonry construction required.
b. In determining the amount of masonry required in each residential
building, the following formula shall be used: The total square feet
of all sides of the building from foundation to roof line, excluding
eaves, gables and the garage door, times the percentages required
as referred to above (eighty percent (80%), thirty-five percent (35%)
or twenty percent (20%), shall equal the square feet of masonry required
in each building.
4. Applications for construction of a residence in this zoning district
where a single lot exists in an established neighborhood, which would
not comply with the allowed masonry construction percentage reduction
as provided for in Subsection (H)(3)(a) shall be made to the Architectural
Review Board.
5. Any exterior wall construction material other than finished face
brick or stone as required by this Section must be approved by a majority
vote of the Architectural Review Board and approved by majority vote
of the Council. Presentation of alternative construction materials
as provided by the Section shall include renderings, photos, blueprints
and other graphic aids as may be required to define the appearance
of the finished product, as well as its durability as to exterior
wall construction. Face brick or natural stone construction does not
require approval of the Council or Architectural Review Board.
6. The use of alternate exterior design materials consistent with the
original exterior design materials may be permitted by the City Planner
in conjunction with building additions, alterations or remodeling
if said materials are compatible with pre-existing materials and those
materials of surrounding dwelling units.
7. In the event of diminishment of the square footage of the original
principal structure, the exterior design materials of said structure
must be brought into compliance with those materials of surrounding
dwelling units or in compliance with Subsection (H)(3)(a) whichever
is less restrictive.
J. Site Design Requirements.
1. All single-family dwelling construction, development and site design requirements provided for in this zoning district shall comply with the provisions set forth in this Chapter, Chapter
510, Streets, Sidewalks and Other Public Places, Chapter
405, Subdivisions and as may be required by the Council and/or City Planner.
2. All permitted and conditional uses with the exception of a single-family dwelling provided for in this zoning district shall comply with the provisions set forth in Article
VIII, Site Design, Chapter
510, Streets, Sidewalks and Other Public Places, other applicable Sections of this Chapter which may vary depending upon the proposed development and use and as may be required by the Council and/or City Planner.
3. All new construction within this zoning district shall require the
dedication of road right-of-way of a width determined by the City
to be sufficient for roadway widening purposes. Said roadway right-of-way
dedication may be required to be paved and done so at a time and in
a manner prescribed by the Council. The City Planner may waive said
roadway dedication in the case of single lot residential construction.
4. All signs and signage not specified in this Section or Chapter shall comply with the provisions set forth in Chapter
410, Signs and Advertising Devices of the Municipal Code of the City of Ellisville.
5. All development, improvements and uses in this district shall comply with all applicable regulations contained in Article
VIII, Site Design, of this Chapter as well as Section
405.350, Woodlands Preservation.
[Ord. No. 2865 §1, 12-19-2007]
A. Purpose Statement. The Clarkson Meadows Preservation Overlay
District and the Marsh Field Acres Preservation Overlay District are
created to support and enhance the single-family residential character
of the neighborhoods. The intent of these regulations is to ensure
that future use, infill redevelopment, and renovation within the subdivisions
is compatible and consistent with the established residential character
of the neighborhoods by preserving existing single-family residential
uses and lot sizes. Special consideration should also be given to
preserving open space and requiring complementary design characteristics
and consistent setbacks, massing and building heights.
B. Location Of The Overlay District. The Clarkson Meadows Preservation
Overlay District is identified as all properties zoned "R-1" Single-Family
Residential on both sides of Vero Lane and addressed 1220 through
1275 Vero Lane.
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The Marsh Field Acres Preservation Overlay District is identified
as all properties zoned "R-1" Single-Family Residential on both sides
Marsh, Hilltop, Fairview and Field.
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C. Significance Of Designation. The regulations herein shall
supersede or supplement, as applicable, the regulations of the base
zoning district. Where conflict results between the regulations of
the preservation overlay district and the provisions of the base zoning
district, the provisions of the preservation overlay district shall
control.
D. Uses Permitted. The uses permitted by right are:
2. Day care home (as per the provisions of the land use regulations);
3. Home occupations (as per the provisions of the land use regulations);
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All other uses listed in the base zoning district (permitted
by right or permitted by conditional use permit), not listed above,
shall require a conditional use permit.
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E. Area Regulations. All area regulations shall be as required
in the base zoning district; except as follows:
[Ord. No. 3427, 8-21-2019]
1. Minimum lot size. Within the Clarkson Meadows subdivision
the minimum lot size shall be one-third (1/3) acre. Within the Marsh
Field Acres subdivision the minimum lot size shall be one (1) acre.
2. Front yard coverage. The open, park-like appearance
of the front setback is a significant character-defining element.
It provides a soft, landscaped buffer between the homes and the street,
creating an inviting, unified appearance. Paving and other hard materials,
in excess, can detract from this appearance and should be limited
to the narrow driveways as traditionally found in both subdivisions.
Lots within the overlay district shall have no more than thirty percent
(30%) of the required front yard setback covered by driveways and
surfaced parking areas.
3. Total lot coverage. The presence of open lawn and
landscaped areas throughout the subdivision is a strong character-defining
feature of the neighborhood. Additions and new construction should
utilize similar lot coverage as traditionally found in the subdivision
to maintain the open character of the street and ensure compatibility
with adjacent homes. All buildings shall occupy not more than fifty
percent (50%) of the lot.
4. Orientation of primary structure. Building entrances
have typically been oriented towards the front yard and the street
within both subdivisions, accenting the primary facade of the building
and creating a uniform line along the street. Structures should be
designed to be consistent with the typical organization of the neighborhood.
The front entrance to a building shall be located on the front facade
of the building, oriented towards the front yard and street.
5. Front yard setback. Within the Marsh Field Acres
Preservation Overlay District, the consistent appearance of a broad,
landscaped front setback and uniform building edge creates a sense
of visual continuity along the street and creates an open appearance
characteristic. As new development occurs, the open character of the
front setback should be preserved. The front yard setback shall not
be less than the average of those found along the block.
Within the Clarkson Meadows Preservation Overlay District, a
minimum thirty-five (35) foot front yard shall be maintained for all
lots.
6. Building materials/colors. Within the Marsh Field
Acres Preservation Overlay District, the subdivisions is dominated
by the use of wood siding and brick materials. Wood lap siding is
the primary material found. Accent materials vary and include standard
size brick in a variety of red tones and some stone. Materials and
colors utilized for significant renovations or for new homes should
be consistent and compatible with those found in the subdivisions.
Within the Clarkson Meadows Preservation Overlay District, architectural
materials for all residential buildings may consist of a combination
of materials including brick, stone, stucco and vinyl, wood and metal
siding.
7. Building height/scale/massing/form. Homes in the
subdivisions are primarily one- and two-story ranch designs with a
strong horizontal orientation. Designs of additions or new homes in
each area should be responsive to surrounding development, ensuring
that they are compatible in terms of mass, scale and height with existing
homes along a block. The maximum building height shall be limited
to two and one-half (2½) stories or thirty-five (35) feet,
excluding basements.
8. Appeals. Determinations or interpretations made
by the City Planner regarding the building materials/colors and building
height/scale/massing/form, as listed above, may be appealed to the
Architectural Review Board by any aggrieved person.
[Ord. No. 3514, 5-4-2022]
A. Purpose And Intent. The purpose of the Environmental Protection Overlay
Zoning District ("EPOZD") is to protect public health and the environment,
while allowing appropriate development activities and practices within
the "EPOZD." The requirements of the "EPOZD" establishes a protective
zoning process that places more focus on the assessment of physical
characteristics and public and environmental hazards that may exist
on a property through a multiple-step, review process, and will assure
soil and groundwater containing concentrations of any contaminants,
as such term is defined herein, are abated in accordance with all
Federal, State and local laws, regulations and guidance.
B. Definitions. As used in this Section, the following terms shall have
the following definitions:
CONTAMINANTS
1.
Substances defined as "hazardous substances," "hazardous materials"
or "toxic substances" in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601,
et seq.; or the Hazardous Materials Transportation Act, as amended,
49 U.S.C. § 1801, et seq.; or the Resource Conservation
and Recovery Act, as amended, 42 U.S.C. 6901 et seq.; or
2.
Those substances defined as "hazardous waste," "hazardous substance"
or "hazardous substances" in Section 260.360, 260.500 or 260.565,
RSMo., as amended, or under the regulations promulgated pursuant to
Chapter 260, RSMo., as amended; or
3.
Asbestos in any form, urea formaldehyde foam insulation, transformers
or other equipment which contain dielectric fluid or other fluids
containing levels of polychlorinated biphenyls in excess of the standard
established by the U.S. Environmental Protection Agency ("EPA"); or
4.
Any other chemical, material, substances, or contaminant, the
exposure to which is prohibited, limited or regulated by any governmental
authority or by any Federal, State or local laws, or which the EPA
or the Missouri Department of Natural Resources ("MDNR") finds may
be hazardous to public health or safety, including, but not limited
to, dioxins, lead, cadmium, arsenic, trichloroethylene ("TCE"), or
any other heavy metal or organic solvent which may cause harm to human
health and well-being.
C. Significance Of Designation. The regulations herein shall supersede or supplement, as applicable, the regulations of the base zoning district. Where conflict results between the regulations of the "EPOZD" and the provisions of the base zoning district, the provisions of the "EPOZD" shall control. Properties may be added to or removed from the "EPOZD" though the process set forth in Section
400.180.
D. Permitted Uses. All uses permitted by right in the base zoning district.
E. Conditional Uses. All uses conditionally permitted in the base zoning
district.
F. Development Requirements.
1.
Application Requirements. For any application listed in Subsection
(F)(2)(a) regarding any property, or part thereof, located within the "EPOZD," the following shall be required, in addition to any other information required by the City Code:
a.
Federal and State mapping, and any associated documentation,
of any environmental hazards that are known or assumed to exist on
the site.
b.
Current letters from the EPA and/or MDNR regarding any past
and/or existing conditions of the subject site and other pertinent
information relative to the safety of it for its intended use.
c.
Environmental Reports.
(1) The City's third-party environmental engineer shall prepare an Environmental Impact Report ("EIR") in accordance with Section
400.160(B). In addition, the EIR shall include the results of soil and groundwater testing performed upon samples at a minimum of one (1) location within each one hundred (100) foot by one hundred (100) foot section of the property, as measured beginning at the most southern and western point of the property line. The City Manager, or his/her designee, shall specify the contaminants for which to be tested, based on his/her reasonable belief as to which contaminants are potentially present on the property. The City Manager, or his/her designee, may also limit the areas to be tested, or authorize an alternate testing method, including a Phase I Environmental Site Assessment and, if warranted based on the results of the Phase I assessment, a Phase II Environmental Site Assessment, if the City Manager, or his/her designee, determines that such alternate testing method will effectively accomplish the objectives of this Section. The City Manager, or his/her designee, may also require a Phase III Environmental Site Assessment and a Phase IV Environmental Site Assessment, if such assessment is determined to be warranted by the City Manager, based on the outcome of prior assessments. At a minimum, the City Manager shall require that testing be performed at or near any location on a property in which there are indications that the area has been disturbed by digging, grading, or excavation activity, or that historical information about the property indicates such area has been the site of disturbance or dumping of contaminants, unless such areas have been previously been tested and contaminants have been found to be within acceptable levels. The City Manager, or his/her designee, may consult available environmental reports, including EPA reports and correspondence to the City from the EPA, relating to properties within the "EPOZD" to determine appropriate contaminants for which to be tested, appropriate testing methods, and which areas shall be tested or not tested. An applicant may appeal such determinations as set forth in Subsection
(F)(5).
(a) Exception. The third-party environmental engineer
is not required to perform testing within sections that the applicant
demonstrates have been previously tested by the EPA and said testing
showed contaminants within acceptable levels for the proposed use
of the property, unless required to do so upon request by the City
Manager, City Planner, or City Engineer.
(2) All costs associated with preparation of an EIR
shall be borne by the applicant, provided that the City may support
an application for grant funding by the property owner or applicant.
2.
Review Procedure.
a.
The following applications for properties or parts thereof located
within the "EPOZD" shall be subject to the requirements of this Section:
(4) Plat approvals, including subdivision plats and
condominium plats;
(5) Grading/land disturbance permits;
b.
The City Manager, or his/her designee, shall review the submitted
application for deficiencies. Upon receipt of the application, including
the EIR, the City Manager, or his/her designee, shall review the application
for any deficiencies. Applicant must respond to the City's list of
deficiencies within thirty (30) days or the application is deemed
void, unless such timeframe is mutually waived. Within thirty (30)
days of the acknowledgment by the City Manager, or his/her designee,
of compliance with all submission requirements, the City Manager,
or his/her designee, shall determine whether the purposes of this
Section require any additional conditions relating to the following:
(1) The type, extent and timeframe/schedule of abatement,
remediation, mitigation or compliance to Federal, State, County, and
City environmental laws, standards, regulations, and/or requirements
relating to contaminants, environmental concerns or public or environmental
hazards existing on the property, including those identified by an
EIR prepared in accordance with this Section; or
(2) The methods or type of development practices, improvements,
and common ground required; or
(3) The inclusion of more after-development inspections
and site monitoring to ensure all components of the governing ordinance
for the project are still adhered to, are in place, being maintained,
or otherwise still applicable and germane, which must be described
as part of the application process for a development within the "EPOZD"
along with the identification of the inspecting entity; or
(4) Dedication of land or payment of fees for public
space, road improvements, schools or for other infrastructure or public
facilities impacted by the development; or
(5) Required provisions for funding of maintenance
agreements or trust indentures.
3.
Mitigation. The applicant must submit proof of completion of all mitigation and remediation measures recommended by the EPA, MDNR and the City's third-party environmental engineer, within the timeframe/schedule outlined in the EIR. Failure to comply with all recommended mitigation and remediation measures shall be grounds for denial or revocation of a permit, issuance of a stop work order, or any other legal or equitable remedy available to the City provided by law. If the use for which a permit has been sought is a conditional use in the base zoning district, the applicant shall be subject to the conditional use permit approval procedures set forth in Section
400.150.
4.
Trust Indentures. In developments where common areas exist,
which may include open spaces, recreational grounds, environmentally
protected areas by covenants or other restrictive agreements, or natural
resource protection areas, are provided and the acreage of which is
or is not included in the gross acreage for density calculation purposes,
a trust indenture shall be recorded simultaneously with the record
plat. The indenture shall provide for the proper and continuous maintenance
and supervision of said lands by trustees to be selected and to act
in accordance with the terms of such indenture and the land shall
be deeded to the trustees under said indenture by general warranty
deed. The indentures shall contain specific language restricting any
alteration or disturbance of any area of the development subject to
an environmental covenant or restriction.
5.
Appeals. An aggrieved party may, within fifteen (15) days of
the decision for which redress is sought, file with the City Council
a written request for reconsideration and appeal of any decisions
of City staff under this Section. The written request must set forth
in a concise manner the decision being appealed, and all grounds known
to the appellant as to wherein and why the decision is allegedly in
error. The request for reconsideration and appeal must be filed with
the City Clerk within the time specified above. A copy of the request
and any supporting documents or materials filed by aggrieved party
must be served by the aggrieved party on the applicant (if different
than the aggrieved party) by certified U. S. mail, return receipt
requested, within three (3) days of filing with the City Clerk. Proof
of service on the applicant must be filed with the City Clerk within
six (6) days of filing of the request. The City Council may consider
the appeal on the record of the prior decision or may, at its sole
discretion, receive additional evidence in such manner, as it deems
appropriate in light of the circumstances.
[R.O. 2005 §30-28; CC 1997 §30-28; Ord. No. 2098 §5, 7-17-1996; Ord.
No. 2143 §1, 2-5-1997; Ord. No. 2489 §§1—2, 3-6-2002; Ord.
No. 2810 §§1—5, 1-3-2007; Ord. No. 3035 §7, 7-20-2011; Ord. No. 3037 §4, 8-17-2011; Ord. No. 3249 §4, 12-16-2015]
A. Purpose. The purpose of this zoning district is
to implement the City's Comprehensive Plan by creating a district
suitable for low density, urban low density and medium-density residential
developments which feature modern, integrated, imaginative architectural
design, site arrangement and City planning. Such zoning districts
shall be laid out and developed as a unit according to an approved
plan as provided below so as to accomplish such purpose.
B. Permitted Uses.
Church or other non-denominational place of worship.
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Day care home under Section 400.450 herein.
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Home occupation.
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Public school.
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Single-family dwelling.
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C. Conditional Uses.[Ord. No. 3312 § 2, 3-15-2017]
Day care center.
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Eleemosynary retirement complex.
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Multi-family dwellings.
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Public building.
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Recreation facility, public or private.
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School, college (other than public).
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Short term residential rentals.
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Two-family dwelling.
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Utility facility.
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D. Accessory Uses.
1.
Accessory building, private garages, carports, storage and ancillary
structures.
2.
Parking lots, carports and parking garages.
3.
Private recreational facilities as an accessory use to residential
developments for the exclusive use of residents of the development.
4.
Residential swimming pools and hot tubs.
5.
The following commercial uses when located within a multi-family
structure, provided these occupy not more than five percent (5%) of
the floor area of the structure, and provided, further, that no displays
are visible from the outside of the structure:
c.
Self-service laundry facility;
d.
Restaurant, by conditional use permit, if required;
e.
Newspaper and magazine stand.
E. Area Requirements For Accessory Buildings And Ancillary Structures.
1.
Any accessory building or ancillary structure that is not a
part of the main structure shall not be located in front of the front
building line.
2.
Any accessory building or ancillary structure, except those
within a multi-family development, which are not a part of the main
building may be built on a required side or rear yard, but such accessory
building shall not be nearer than ten (10) feet to any side or rear
lot lines.
3.
Accessory buildings or ancillary structures shall not occupy
more than thirty percent (30%) of the required rear yard. There shall
be not more than two (2) accessory buildings or ancillary structures
with a combined maximum area of six hundred (600) square feet.
4.
No accessory building shall be constructed upon a lot until
the construction of the main building has been actually commenced
and no accessory building shall be used for dwelling purposes.
5.
The height of a private garage or carport, storage garage or
structure, accessory building or ancillary structure shall not exceed
the maximum height of the existing building.
6.
A private garage or carport, storage garage or structure, accessory
building or ancillary structure shall not exceed seventy-five percent
(75%) of the floor space of the principal living area of the original
structure as determined and/or measured from and around the outside
wall faces of said area.
7.
Unenclosed decks and porches which are attached to the main
structure shall comply with the setbacks required for the principal
structure, unless otherwise approved by the City Council.
8.
Persons wishing to construct and use more than two (2) accessory
buildings or ancillary structures or any combination of the aforementioned
within this zoning district or which do not comply with the above
must receive approval from the City Council as well as review and
approval of the proposed construction by the Code Enforcement Officer.
However, the City Council may not authorize an accessory building
or ancillary structure to exceed the parameters of the definition
of an accessory building, which requires it be subordinate in use
and size.
F. Parking Requirements.
1.
Single-Family Dwelling. Minimum of two (2) enclosed parking
spaces.
2.
Two-Family Dwelling. Minimum of two (2) enclosed parking spaces.
3.
Multiple-Family Dwelling/Condominium. Minimum of two (2) parking
spaces for each unit with a minimum of thirty percent (30%) of the
spaces covered.
4.
No motor vehicle licensed in excess of eighteen thousand (18,000)
pounds gross vehicle weight may be parked in this zoning district.
Motor vehicles licensed eighteen thousand (18,000) pounds gross vehicle
weight or less, but in excess of twelve thousand (12,000) pounds gross
vehicle weight, must be parked or stored in the driveway or behind
the front building line of a two-family dwelling or parked or stored
in the required parking area of a multi-family development. Vehicles,
while making local deliveries or providing local services, are exempt
from the provisions of this Section.
5.
Off-street parking for non-residential uses in this zoning district
must be approved by the conditional use procedure.
6.
Any new driveway or existing driveway widened from a single
driveway to a double driveway shall be constructed of a finished hard
surfaced material and shall be similar to that which already exists.
7.
Driveways and surfaced parking areas shall not occupy more than
thirty percent (30%) of a front yard, or as may be approved by the
City Council.
8.
Light standards throughout any multi-family development are
to be high pressure sodium, backshielded and limited to twenty (20)
feet in height.
G. Area Requirements.
1.
The minimum area for an "R-2" Planned Residential Zoning District
shall be three (3) acres.
2.
The aggregate gross area of all buildings, parking lots and
streets shall not exceed sixty percent (60%) of the entire lot area
of the project, or as may be approved by the City Council.
3.
Maximum number of dwelling units. The City shall designate the
total number of dwelling units to be permitted on the proposed site.
The maximum number of dwelling units will be based on guidance from
the land use element narrative and land use plan contained in the
Ellisville Comprehensive Plan adopted December 9, 1998, as amended.
a.
Medium-Density Residential.
(1) Two-family dwelling units/duplexes shall be constructed on minimum lot size of no less than twenty-one thousand seven hundred eighty (21,780) square feet per two-family dwelling unit/duplex dwelling. This minimum lot size may be decreased at the discretion of the City Council if the developer deposits a park sum or dedicates a park area per the requirements set forth in Subsection
(F)(4).
(2) Multi-family dwelling units/condominiums shall be constructed with no more than ten (10) units per acre. The number of units per acre may be increased from ten (10) units to fourteen (14) units per acre if the developer deposits a park sum per the requirements set forth in Subsection
(F)(4). No single building in the development shall have more than twelve (12) individual units.
(a) Urban Low-Density. Multi-family dwelling units/condominiums
units shall be constructed with no more than five (5) dwelling units
per acre.
4.
Park Sum Requirements. The following requirement is established
for compliance with the provisions relating to same contained in Subsections
(F)(3)(a)(1) and (F)(3)(a)(2).
a.
Park Sum/Park Dedication Requirements For Planned Residential
District. At the discretion and choice of the City, a park area of
ten percent (10%) of the total planned residential district shall
be established, or a sum of money equal to ten percent (10%) of the
market value of the unimproved land intended as the planned residential
district shall be paid to the City. If the City elects to require
said sum of money, such sum is to be used by the City, as determined
by the Council, who may first request a recommendation from the Park
Board, for the purchase, development or maintenance of City parks
and/or facilities.
b.
The market value of such unimproved land to be subdivided/developed
may be determined by an independent real estate appraisal. Said appraisal
must be performed by a State certified general real estate appraiser
and the cost of same shall be paid by the subdivider or developer
with the selection of an appraiser made by the City.
5.
Recreational Areas Requirement. Not less than fifteen percent
(15%) of the area of a planned multi-family residential development
shall be developed by the applicant for recreational activities. The
fifteen percent (15%) recreational activities shall be utilized for
active facilities and shall not include picnic areas. Merely by way
of example and not by limitation, active facilities may include swimming
pools, tennis courts, jogging or walking trails and handball or racquetball
facilities. Such recreational space shall be available to and accessible
by all residents of the project. The maintenance of the recreational
areas and facilities shall be the responsibility of the applicant
or his/her or its successor. In addition to the above mentioned fifteen
percent (15%) recreational requirement, developments hereunder shall
be required to devote forty percent (40%) of the total area of the
development to open space. The fifteen percent (15%) recreational
space requirement shall be included in the forty percent (40%) open
space requirement. "Open space" is defined as all land and water areas
of a site that are not covered by structures (except recreational),
roadways, driveways, parking areas and loading zones. Buffer zones
may be counted as open space but buffer zones may not contain above
ground structural improvements. No outdoor speakers or lighted tennis
courts are permitted.
6.
Minimum Building Setback.
a.
Single-Family Dwellings And Two-Family Dwellings/Duplex Dwellings. See Section
400.210(G), or as may be approved by the City Council.
b.
Multi-Family Dwellings/Condominiums. No building or parking
area shall be erected nearer than ten (10) feet to the perimeter of
the entire tract; except, however, that no building or parking area
shall be erected nearer than sixty (60) feet to the right-of-way boundary
of any public street nor closer than fifty (50) feet to an existing
single-family use or zoning district. Building setbacks from internal
streets shall be a minimum of twenty (20) feet. For the purpose of
interpreting and enforcing the yard requirements of this Subsection,
the entire area included within the planned residential development
shall be considered as a single lot; more than one (1) building or
structure may be erected thereon and the only front, rear and side
yards that need to be observed are those provided for in this Subsection.
7.
All storage of household items, outdoor furniture, appliances,
building materials or of any material shall be within an enclosed
building.
8.
Minimum Floor Area.
a.
Single-Family Dwelling, Excluding Basement. One thousand five
hundred (1,500) square feet.
b.
Two-Family Dwelling, Excluding Basement. Two thousand (2,000)
square feet with a minimum of one thousand (1,000) square feet of
living area per unit.
c.
Multi-Family Dwelling/Condominium, Excluding Basement. One thousand
(1,000) square feet of useable living area for each unit.
H. Height Requirements.
1.
Single-Family Dwellings And Two-Family Dwellings. Maximum height
of two and one-half (2 1/2) stories or thirty-five (35) feet,
excluding basements.
2.
Multi-Family Dwellings/Condominiums. No building shall exceed
forty (40) feet in height nor contain more than three (3) stories,
except, however, when the tract to be developed abuts land which is
not a right-of-way for an existing public street, in which case no
building exceeding twelve (12) feet in height may be erected along
the ten (10) foot perimeter described in Subsection (F)(6)(b). A building
may be erected one (1) additional foot in height over twelve (12)
feet for each foot by which the building is set back from the ten
(10) foot perimeter, subject, however, to the overall forty (40) feet
height limitation.
3.
Other Permitted And Conditional Uses. Maximum height of fifty-five
(55) feet and church and temple spires and steeples to a maximum height
of seventy-five (75) feet, provided that the building is set back
from all yard lines at least one (1) foot for each foot of height
or in conformance with all other applicable setback requirements,
whichever is greater.
I. Exterior Finish Requirements.
1.
Single-Family Dwellings And Two-Family Dwellings. See Section
400.210(I).
2.
Multi-Family Dwellings/Condominiums.
a.
As defined by this Chapter, the word "masonry" shall include
brick veneer and/or stone veneer for outside construction but shall
exclude cinder block, calicrete cement, block and imitation stone.
The use of asbestos shingles or asbestos siding shall not be permitted.
The exterior design within each area of a subdivision shall be varied.
b.
A minimum of fifty percent (50%) of each structure shall be
of masonry construction and shall occur on all elevations.
c.
Fifty percent (50%) of said structures may include materials
that would be harmonious with the masonry and used and/or constructed
as architectural features, gables, dormers, porches, trim, canopies,
etc.
3.
Any exterior wall construction material other than finished
face brick or stone as required by this Section must be approved by
a majority vote of the Architectural Review Board and approved by
majority vote of the Council. Presentation of alternative construction
materials as provided by the Section shall include renderings, photos,
blueprints and other graphic aids as may be required to define the
appearance of the finished product, as well as its durability as to
exterior wall construction. Face brick or natural stone construction
does not require approval of the Council or Architectural Review Board.
J. Site Design Requirements.
1.
Single-Family Dwellings And Two-Family Dwellings. Must conform with applicable provisions set forth in this Section, Chapter
510, Streets, Sidewalks and Other Public Places, Chapter
405, Subdivisions, including Section
405.350, Woodlands Preservation and other applicable Sections of this Chapter which may vary depending upon the proposed development and use and as may be required by the Council and/or City Planner.
2.
Multi-Family Dwellings/Condominiums.
a.
The development shall be designed as a whole, unified single
project in compliance with the requirements of this zoning district
and if built in stages, each shall conform with the approved plan.
b.
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 pedestrian walks.
c.
Continuing maintenance of all required screen plantings, as
shown on the approved plan, shall be a requisite of conformance for
the "R-2" Planned Residential Zoning District.
d.
When the rear or side yard abuts any residential zoning use or district, a minimum of fifty (50) foot landscaped buffer area shall be established and maintained along said property lines. The buffer area shall contain evergreen plant material with a minimum height of six (6) feet planted on ten (10) foot centers. A siteproof fence located within the buffer shall be provided and maintained as required by Section
400.360, unless otherwise specified by the Council. Landscaped buffer areas required by this Section may be located within the rear yard where allowed. Parking lots and other structures, not to include sidewalks, may not be located within said landscaped buffer area.
e.
One (1) monument sign with the identification of the complex
may be erected at each primary entrance, provided such signs shall
not exceed thirty-two (32) square feet per sign face. Such signs shall
not contain flashing, moving or intermittent illumination.
f.
One (1) sign for the purposes of identification may be erected
on required yards or on buildings/structures, provided such sign is
not more than two (2) square feet in area; does not contain flashing,
moving or intermittent illumination; and meets the requirements of
other City ordinances.
g.
Streets, sidewalks and other site improvements shall be governed in all respects by the provisions set forth in Chapter
510, Streets, Sidewalks and Other Public Places and/or Chapter
405, Subdivisions of the Municipal Code of the City of Ellisville.
3.
The City shall give consideration to the effect of the proposed
multiple dwelling or multiple dwelling development upon the character
of the neighborhood, traffic conditions, public utility facilities
and other matters pertaining to the public health, safety and general
welfare. The City may also impose the following additional requirements
which may be more restrictive than otherwise contained in this Section:
a.
Greater front and side yard requirements.
b.
Specific maximum heights for the proposed multiple dwellings.
c.
The total number of dwelling units to be permitted on the proposed
site.
d.
The minimum size of individual dwelling units.
e.
The number of parking spaces to be provided for the proposed
multiple dwelling.
f.
Landscaping and screening for the proposed multiple dwellings.
g.
Exterior lighting requirements.
h.
Ingress and egress provisions to public or private streets.
i.
Such other requirements as are deemed necessary to protect the
character of the neighborhood and the general welfare of the City.
4.
All permitted and conditional uses provided for in this zoning district shall comply with the provisions set forth in Article
VIII, Site Design, Chapter
510, Streets, Sidewalks and Other Public Places, other applicable Sections of this Chapter which may vary depending upon the proposed development and use and as may be required by the Council and/or City Planner.
5.
All new construction within this zoning district shall require
the dedication of road right-of-way of a width determined by the City
to be sufficient for roadway widening purposes. Said roadway right-of-way
dedication may be required to be paved and done so at a time and in
a manner prescribed by the Council. The City Planner may waive said
roadway dedication in the case of single lot residential construction.
6.
All signs and signage not specified in this district shall comply with the provisions set forth in Chapter
410, Signs and Advertising Devices of the Municipal Code of the City of Ellisville.
[R.O. 2005 §30-29; Ord. No. 2169 §1, 4-16-1997]
A. Purpose. The City of Ellisville has annexed unincorporated
territories of St. Louis County; and the Missouri Revised Statutes
mandate that the zoning classification of an annexed territory shall
remain the same as it was prior to the annexation. Therefore, this
Section contains the district regulations for those areas annexed
by the City with prior St. Louis County "R-2" Residence District zoning.
B. Permitted Land Uses And Developments. The following land
uses and developments are permitted in this district:
3. Dwellings, single-family.
4. Forests and wildlife reservations as well as conservation projects.
5. Golf courses, including practice driving tees on the same premises.
Miniature golf courses and independent practice driving tees are excluded.
7. Libraries, public or private not-for-profit.
8. Local public utility facilities, sixty (60) feet or less in height,
provided that any installation, other than poles and equipment attached
to the poles, shall be:
a. Adequately screened with landscaping, fencing or walls or any combination
thereof, or
c. Enclosed in a structure in such a manner so as to blend with and
complement the character of the surrounding area.
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All plans for screening these facilities shall be submitted
to the Department of Planning and Community Development for review.
No building permit or installation permit shall be issued until these
plans have been approved by the Department of Planning and Community
Development.
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9. Parks, parkways and playgrounds, public or private not-for-profit.
10. Schools, public or private kindergarten, secondary and collegiate.
11. Schools, public or private elementary, on a tract of land of at least
five (5) acres.
C. Conditional Land Use And Development Permits. The following
land uses and developments may be permitted under conditions and requirements
specified in conditional use permits:
[Ord. No. 3312 § 2, 3-15-2017]
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Day care centers.
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Golf courses which are illuminated and practice driving tees.
Miniature golf courses are excluded.
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Group homes. No group home shall be located
within two thousand five hundred (2,500) feet of another group home.
The exterior appearance of the home and property shall be in reasonable
conformance with the general neighborhood standards. Group homes shall
be eleemosynary or not-for-profit in nature.
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Group living facilities providing a permanent residence for
not more than nine (9) individuals, all over eighteen (18) years of
age and who are ordained or hold a designated religious position with
the same religious institution.
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Hospitals and hospices.
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Local public utility facilities over sixty (60) feet in height.
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Nursing homes.
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Police and fire stations.
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Private not-for-profit clubs, private not-for-profit recreational
land uses and community centers.
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Public utility facilities.
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Retreats owned and operated by religious, educational or other
not-for-profit establishments.
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Schools, public or private elementary, on a tract of land of
at least three (3) acres but less than five (5) acres.
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Sewage treatment facilities, other than facilities permitted
as an accessory use.
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Short term residential rentals.
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Specialized private schools.
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D. Accessory Land Uses And Developments. Subject to compliance
with the procedures of this Section, accessory buildings, structures
and uses are permitted in conjunction with a permitted land use or
development or (unless restricted by applicable condition) a conditional
land use or development when such accessory building, structure or
use is customarily found in conjunction with the primary use, is a
reasonably necessary incident to the primary use, is clearly subordinate
to the primary use and serves only to further the successful utilization
of the primary use. Detached above ground accessory structures shall
not cover more than a total of seven percent (7%) of the lot area.
Accessory uses include the following:
1. Devices for the generation of energy, such as solar panels, wind
generators and similar devices.
2. Individual sewage treatment facilities serving an individual dwelling
or non-residential use as approved by the appropriate regulatory agency.
The sewage treatment facilities shall not exceed five thousand (5,000)
gallons per day flow.
4. Signs (directional and informational).
E. Performance Standards. All uses in the "R-3" Residence District
shall operate in conformity with the appropriate performance standards.
F. Height Limitations For Structures. The maximum height of
structures in the "R-3" Residence District shall be as set out below:
1. No building elevation of any dwelling structure or building accessory
to a dwelling structure shall exceed three (3) stories or forty-five
(45) feet in height, whichever is less.
2. All other structures, other than a public utility tower or a local
public utility facility authorized by a conditional use permit, shall
not exceed a height of sixty (60) feet above the average finished
ground elevation at the perimeter of such structure; except that the
height of structures may be further restricted as provided in St.
Louis County Section 1003.161 Air Navigation Space Regulations.
G. Area Requirements. The minimum lot area and yard requirements
for land uses and developments in the "R-3" Residence District as
well as the maximum density of nursing home self-care units shall
be as set out below:
1. Minimum lot area requirements.
a. The following permitted and conditional land uses shall be situated
on tracts of land providing not less than the following areas:
Use
|
Minimum Area
|
---|
Child care center
|
30,000 square feet
|
Church
|
3 acres
|
Dwelling, single-family
|
15,000 square feet
|
Group living facilities for religious purposes
|
15,000 square feet
|
Library
|
1 acre
|
Group homes
|
15,000 square feet
|
Local public utility facilities
|
10,000 square feet
|
Mechanical sewage treatment facility
|
15,000 square feet
|
Schools:
|
|
|
Nursery or day nursery
|
15,000 square feet
|
|
Kindergarten (separate)
|
1 acre
|
|
Elementary (permitted use)
|
5 acres
|
|
Elementary (conditional use)
|
3 acres
|
|
Junior high
|
10 acres
|
|
Senior high
|
20 acres
|
|
Collegiate
|
10 acres
|
b. Any lot or tract of record on the effective date of this Chapter,
which contains less than fifteen thousand (15,000) square feet, may
be used as a site for one (1) single-family dwelling together with
accessory structures and uses.
c. Foster homes for handicapped children, group homes for the elderly
and not-for-profit private clubs and recreational land uses, including
community centers as approved by the Planning Commission via a conditional
use permit, may be established on tracts of land less than five (5)
acres where the related parking needs, outdoor facilities, size of
buildings and maximum membership of the developments and uses are
deemed consistent with the intensity of land use in the neighborhood
of the uses and developments. However, the minimum tract area for
the conditional developments and uses shall not be less than fifteen
thousand (15,000) square feet.
d. Police and fire stations as approved by the Planning Commission via
a conditional use permit may be established on tracts of less than
five (5) acres where the related parking needs, outdoor facilities
and size of buildings are deemed consistent with the intensity of
land use in the neighborhood of these uses.
e. Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres nor more than that required by the school land area requirements as listed in Subsection
(G)(1)(a).
f. Mechanical sewage treatment facilities may be located on tracts of
land less than fifteen thousand (15,000) square feet in area where
the facility is located on platted common land within a subdivision.
The minimum lot area, however, shall in no case be less than ten thousand
(10,000) square feet.
g. All other permitted or conditional land uses in this district shall
be situated or conducted on tracts of land at least five (5) acres
in area.
2. Creation of new lots. No new lots shall be created
of less than fifteen thousand (15,000) square feet in area except
for Police stations and local public utility facilities. Lots of less
than fifteen thousand (15,000) square feet, created for the above
uses, shall not be used for any other use and, in the event the permitted
use terminates, the lot shall be established as common ground for
an adjacent development or combined with an adjacent parcel or parcels
by means of a boundary adjustment. Prior to the approval of a subdivision
record plat creating a lot of less than fifteen thousand (15,000)
square feet, a deed or other legal instrument must be approved by
the County Counselor and recorded with the St. Louis County Recorder
of Deeds, which guarantees the required transfer of the property in
the event the permitted use is terminated.
3. Minimum yard requirements—general.
a. Front yard. No structure shall be allowed within
twenty-five (25) feet of any roadway right-of-way line.
b. Side yard. No structure shall be allowed within
ten (10) feet of any side property line.
c. Rear Yard. No structure shall be allowed within
fifteen (15) feet of any rear property line.
4. Specific yard requirements and exceptions.
a. Notwithstanding any other provision of this Chapter, on corner lots,
no structure or plant material exceeding three (3) feet in height
above the elevation of the street pavement is allowed within the sight
distance triangle.
b. Boundary walls or fences six (6) feet or less in height are allowed
within the minimum yard requirements.
c. Permitted information signs six (6) feet or less in height are allowed
within the minimum front yard setback.
d. Permitted directional signs three (3) feet or less in height are
allowed within the minimum front yard setback.
e. Light standards for street lighting or at points of ingress and egress,
but not including parking lot lighting, are allowed within the minimum
front yard setback when approved by the Department of Planning and
Community Development. Light standards for parking lot lighting are
allowed no closer than ten (10) feet of any side or rear yard line
which adjoins property in a Park or any "R" Residence District.
f. In the event that greater than fifty percent (50%) of the existing
dwelling structures on the same side of a street and in both directions
from a lot, for a distance of five hundred (500) feet or to the nearest
intersecting street, whichever distance is less, have a variation
in front yard setbacks of no more than ten (10) feet, the required
front yard for that lot shall be the average setback of those structures.
However, in no case shall any building be located closer than fifteen
(15) feet from any roadway right-of-way line, nor shall a setback
of greater than fifty (50) feet be required.
g. If a lot of record existing on the effective date of this Chapter
has a width of sixty (60) feet or less, the side yard on each side
of any structure erected on such lot may be reduced to a width of
not less than ten percent (10%) of the width of the lot, but in no
instances shall such yard be less than five (5) feet in width.
h. Any non-residential structure, other than a public utility tower
authorized by a conditional use permit, which exceeds thirty (30)
feet in height shall be set back from all property lines at least
one (1) additional foot for every foot of height above thirty (30)
feet.
i. No private stable shall be allowed within one hundred (100) feet
of any property line. Affiliated pasture areas shall be fenced.
5. Maximum density, maximum height and minimum yard requirements
for nursing homes.
a. Densities of self-care units shall not exceed fifteen (15) units
per acre.
b. No building within a nursing home development shall exceed a height
of three (3) stories or forty-five (45) feet above the average ground
elevation at the perimeter of the building, whichever is less.
c. No building within a nursing home development shall be allowed within
a minimum of fifty (50) feet of any property line.
H. Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section
400.490 "Parking And Loading Requirements".
[R.O. 2005 §30-30; Ord. No. 2169 §2, 4-16-1997]
A. Purpose. The City of Ellisville has annexed unincorporated
territories of St. Louis County; and the Missouri Revised Statutes
mandate that the zoning classification of an annexed territory shall
remain the same as it was prior to the annexation. Therefore, this
Section contains the district regulations for those areas annexed
by the City with prior St. Louis County "R-6A" Residence District
zoning.
B. Permitted Uses. The following land uses and developments
are permitted in this district:
|
Churches.
|
|
Day care homes.
|
|
Dwellings, multiple-family, row houses and other group-house
arrangements of attached or detached buildings.
|
|
Dwellings, single-family.
|
|
Dwellings, two-family.
|
|
Home occupations.
|
|
Libraries, public or private not-for-profit.
|
|
Local public utility facilities, sixty (60) feet or less in
height, provided that any installation, other than poles and equipment
attached to the poles, shall be:
|
|
a.
|
Adequately screened with landscaping, fencing or walls or any
combination thereof, or
|
|
b.
|
Placed underground, or
|
|
c.
|
Enclosed in a structure in such a manner so as to blend with
and complement the character of the surrounding area.
|
|
|
All plans for screening these facilities shall be submitted
to the Department of Planning and Community Development for review.
No building permit or installation permit shall be issued until these
plans have been approved by the Department of Planning and Community
Development.
|
|
Parks, parkways and playgrounds, public or private not-for-profit.
|
|
Police stations and fire stations.
|
|
Schools, public or private kindergarten, secondary and collegiate.
|
|
Schools, public or private elementary, on a tract of land of
at least five (5) acres.
|
C. Conditional Uses. The following land uses and developments
may be permitted under conditions and requirements specified in conditional
use permits:
[Ord. No. 3312 § 2, 3-15-2017]
|
Child care centers, nursery schools and day nurseries.
|
|
Dormitory or group living facilities for religious, educational
or charitable purposes.
|
|
Golf courses. Miniature golf courses are excluded.
|
|
Group homes. No group home shall be located
within two thousand five hundred (2,500) feet of another group home.
The exterior appearance of the home and property shall be in reasonable
conformance with the general neighborhood standards. Group homes shall
be eleemosynary or not-for-profit in nature.
|
|
Hospitals and hospices.
|
|
Local public utility facilities over sixty (60) feet in height.
|
|
Nursing homes.
|
|
Parking lot, when adjacent to land in a "C" Commercial or "M"
Industrial District and when parking is used with a commercial or
industrial development.
|
|
Private not-for-profit clubs, private not-for-profit recreational
land uses and community centers.
|
|
Public utility facilities.
|
|
Retreats owned and operated by religious, educational or other
not-for-profit establishments.
|
|
Schools, public or private elementary, on a tract of land of
at least three (3) acres but less than five (5) acres.
|
|
Sewage treatment facilities, other than facilities permitted
as an accessory use.
|
|
Short term residential rentals.
|
|
Specialized private schools.
|
D. Accessory Uses. Subject to compliance with the procedures
of this Section, accessory buildings, structures and uses are permitted
in conjunction with a permitted land use or development or (unless
restricted by applicable condition) a conditional land use or development
when such accessory building, structure or use is customarily found
in conjunction with the primary use, is a reasonably necessary incident
to the primary use, is clearly subordinate to the primary use and
serves only to further the successful utilization of the primary use.
Detached above ground accessory structures shall not cover more than
a total of seven percent (7%) of the lot area. Accessory uses include
the following:
1. Devices for the generation of energy, such as solar panels, wind
generators and similar devices.
2. Individual sewage treatment facilities serving an individual dwelling
or non-residential use, as approved by the appropriate regulatory
agency. The sewage treatment facilities shall not exceed five thousand
(5,000) gallons per day flow.
3. Signs (directional and information).
E. Performance Standards. All uses in the "R-4A" Residence
District shall operate in conformity with the appropriate performance
standards contained in performance standard regulations.
F. Height Limitations For Structures. The maximum height of
structures in the "R-4A" Residence District shall be as set out below:
1. No building elevation of any dwelling structure or building accessory
to a dwelling structure shall exceed four (4) stories in height, including
any basement dwelling space.
2. All other structures, other than a public utility tower or a local
public utility facility authorized by a conditional use permit, shall
not exceed a height of sixty (60) feet above the average finished
ground elevation at the perimeter of such structure; except that the
height of structures may be further restricted as provided in St.
Louis County Section 1003.161 Air Navigation Space Regulations.
G. Area Requirements. The minimum lot area and yard requirements
for land uses and developments in the "R-4A" Residence District as
well as the maximum density of nursing home self-care units shall
be as set out below:
1. Minimum lot area requirements.
a. The following permitted and conditional land uses shall be situated
on tracts of land providing areas not less than those set out below:
|
Use
|
Minimum Area
|
---|
|
Child care center
|
30,000 square feet
|
|
Church
|
one-half (½) acre
|
|
Dwelling, single-family
|
4,500 square feet
|
|
Dwelling, two-family
|
4,500 square feet per unit
|
|
Dwelling, three-family
|
4,000 square feet per unit
|
|
Dwelling, multiple-family
|
4,000 square feet per unit
|
|
Fire station
|
one-half (½) acre
|
|
Group living facilities for religious purposes
|
4,500 square feet
|
|
Library
|
one-half (½) acre
|
|
Local public utility facilities
|
10,000 square feet
|
|
Mechanical sewage treatment facility
|
10,000 square feet
|
|
Parking lot
|
10,000 square feet
|
|
Police station
|
10,000 square feet
|
|
Schools
|
|
|
|
Nursery or day nursery
|
15,000 square feet
|
|
|
Kindergarten (separate)
|
1 acre
|
|
|
Elementary (permitted use)
|
5 acres
|
|
|
Elementary (conditional use)
|
3 acres
|
|
|
Junior high
|
10 acres
|
|
|
Senior high
|
20 acres
|
|
|
Collegiate
|
10 acres
|
b. Any lot or tract of record on the effective date of this Chapter,
which contains less than four thousand five hundred (4,500) square
feet, may be used as a site for one (1) single-family dwelling together
with accessory structures and uses.
c. Foster homes for handicapped children, group homes for the elderly
and not-for profit private clubs and recreational land uses, including
community centers as approved by the Planning Commission via a conditional
use permit, may be established on tracts of land less than five (5)
acres where the related parking needs, outdoor facilities, size of
buildings and maximum membership of the developments and uses are
deemed consistent with the intensity of land use in the neighborhood
of the uses and developments. However, the minimum tract area for
the conditional developments and uses shall not be less than ten thousand
(10,000) square feet.
d. Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres nor more than that required by the school land area requirements as listed in Subsection
(G)(1)(a).
e. All other permitted or conditional land uses in this district shall
be situated or conducted on tracts of land at least five (5) acres
in area.
2. Minimum yard requirements.
a. Front yard. No structure shall be allowed within
twenty (20) feet of any roadway right-of-way line.
b. Side yard. No single-family dwelling or unattached
side of an attached single-family dwelling or structure accessory
to a single-family or attached single-family dwelling except as noted
shall be allowed within five (5) feet of any side property line. Detached
garages accessory to unattached single-family dwellings shall be a
minimum of three (3) feet from any side property line. No other structure
shall be allowed within ten (10) feet of any side property line.
c. Rear yard. No structure, except single-family attached
dwellings and detached garages accessory to unattached single-family
dwellings, shall be allowed within fifteen (15) feet of any rear property
line. Unattached sides of single-family attached dwellings shall be
a minimum of fifteen (15) feet from any rear property line. Detached
garages accessory to unattached single-family dwellings shall be a
minimum of three (3) feet from any rear property line.
3. Distances between buildings. No wall of any separate
(detached) structure, other than a single-family dwelling or structures
accessory to a single-family dwelling, shall be located closer to
any wall of another structure than as set out in the following table:
Walls
|
Front
|
Side
|
Rear
|
Walls of Detached Accessory Buildings
|
---|
Front
|
50 feet plus additional 10 feet for each story over two stories
|
30 feet except 20 feet if side wall has no windows
|
100 feet
|
30 feet
|
Side
|
30 feet except 20 feet if side wall has no windows
|
20 feet
|
30 feet
|
10 feet
|
Rear
|
100 feet
|
30 feet
|
50 feet
|
20 feet
|
|
Any dimension given above shall include the side yard required
for a single-family dwelling, when any described wall faces the side
lot of any separately owned property, whether or not any structure
is located on said property.
|
4. Specific yard requirements and exceptions.
a. Notwithstanding any other provision of this Chapter, on corner lots,
no structure or plant material exceeding three (3) feet in height
above the elevation of the street pavement is allowed within the sight
distance triangle.
b. Boundary walls or fences six (6) feet or less in height are allowed
within the minimum yard requirements.
c. Permitted information signs six (6) feet or less in height are allowed
within the minimum front yard setback.
d. Permitted directional signs three (3) feet or less in height are
allowed within the minimum front yard setback.
e. Light standards for street lighting or at points of ingress and egress,
but not including parking lot lighting, are allowed within the minimum
front yard setback when approved by the Department of Planning and
Community Development. Light standards for parking lot lighting are
allowed no closer than ten (10) feet of any side or rear yard line
which adjoins property in a Park or any "R" Residence District.
f. In the event that greater than fifty percent (50%) of the existing
dwelling structures on the same side of a street and in both directions
from a lot, for a distance of five hundred (500) feet or to the nearest
intersecting street, whichever distance is less, have a front yard
setback variation of no more than ten (10) feet, the required front
yard for that lot shall be the average setback of those structures.
However, in no case shall any building be located closer than fifteen
(15) feet from any roadway right-of-way line, nor shall a setback
of greater than fifty (50) feet be required.
g. If a lot of record existing on the effective date of this Chapter
has a width of sixty (60) feet or less, the side yard on each side
of any structure erected on such lot may be reduced to a width of
not less than ten percent (10%) of the width of the lot, but in no
instances shall such yard be less than five (5) feet in width.
h. Any non-residential structure, other than a public utility tower
authorized by a conditional use permit, which exceeds thirty (30)
feet in height shall be set back from all property lines at least
one (1) additional foot for every foot of height above thirty (30)
feet.
i. Parking lots for five (5) or more vehicles, loading spaces or internal
drives serving said parking lots or loading spaces, except ingress
and egress drives, shall be set back a minimum of twenty (20) feet
from any roadway right-of-way line and ten (10) feet from any adjoining
property in a Park or "R" District. No setback is required from adjoining
properties in a "C", "R", "M" District unless required by the conditions
of a conditional use permit. Parking shall be screened from any adjoining
property in a Park or "R" District using fences, berms or landscaping.
5. Maximum density, maximum height and minimum yard requirements
for nursing homes.
a. Densities of self-care units shall not exceed twenty-five (25) units
per acre.
b. No building within a nursing home development shall exceed a height
of four (4) stories or sixty (60) feet above the average ground elevation
at the perimeter of the building, whichever is less.
c. No building within a nursing home development shall be allowed within
a minimum of thirty (30) feet of any property line.
H. Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section
400.490 "Parking And Loading Requirements".
[R.O. 2005 §30-31; Ord. No. 2169 §3, 4-16-1997]
A. Purpose. This Section contains the district regulations
for those areas within Ellisville which are surrounded on at least
eighty-five percent (85%) of its perimeter by unincorporated St. Louis
County "R-4" Residence District zoning platted and approved by St.
Louis County prior to the effective date of this Chapter.
B. Permitted Uses. The following land uses and developments
are permitted in this district:
|
Church.
|
|
Day care homes under Section 400.450 herein.
|
|
Dwellings, single-family.
|
|
Home occupations.
|
C. Accessory Land Uses And Developments. Subject to compliance
with the procedures of this Section, accessory buildings, structures
and uses are permitted in conjunction with a permitted land use or
development or (unless restricted by applicable condition) when such
accessory building, structure or use is customarily found in conjunction
with the primary use, is a reasonably necessary incident to the primary
use, is clearly subordinate to the primary use and serves only to
further the successful utilization of the primary use. Detached above
ground accessory structures shall not cover more than a total of seven
percent (7%) of the lot area. Accessory uses include the following:
[Ord. No. 3312 § 2, 3-15-2017]
|
Devices for the generation of energy, such as solar panels,
wind generators and similar devices.
|
|
Signs (directional and information).
|
|
Short term residential rentals.
|
D. Performance Standards. All uses in the "R-4B" Residence
District shall operate in conformity with the appropriate performance
standards.
E. Height Limitations. The maximum height of structures in
the "R-4B" Residence District shall be as set out below:
1. No building elevation of any dwelling structure or building accessory
to a dwelling structure shall exceed three (3) stories in height,
including any basement dwelling space.
2. All other structures shall not exceed a height of sixty (60) feet
above the average finished ground elevation at the perimeter of such
structure.
F. Area Requirements. The minimum lot area and yard requirements
for land uses and developments in the "R-4B" Residence District shall
be as set out below:
1. Minimum lot area requirements.
a. Dwellings shall be constructed on minimum lot size of no less than
ten thousand (10,000) square feet. This minimum lot size may be decreased
to seven thousand five hundred (7,500) square feet if the developer
deposits a park impact fee per the requirements set forth in paragraph
(b).
b. Park impact fee requirements. The following requirement
is established for compliance with the provisions relating to same
contained in paragraph (a) above.
(1)
The subdivider/developer/builder shall pay to the City a sum
of money equal to ten percent (10%) of the market value of the unimproved
land intended to be developed, paid on basis of the market value of
the entire area to be subdivided/developed. Said sum is to be used
by the City as determined by the Council, who may first request a
recommendation from the Park Board, for the purchase, development
or maintenance of City parks and/or facilities.
(2)
The market value of such unimproved land to be subdivided/developed
may be determined by an independent real estate appraisal. Said appraisal
must be performed by a State certified general real estate appraiser
and the cost of same shall be paid by the subdivider or developer
with the selection of an appraiser made by the City.
c. Minimum sixty (60) feet wide.
2. Minimum yard requirements.
a. Front yard. No structure shall be allowed within
twenty (20) feet of any roadway right-of-way line.
b. Side yard. No structure shall be allowed within
six (6) feet of any side property line.
c. Rear yard. No structure shall be allowed within
fifteen (15) feet from any rear property line.
3. Specific yard requirements and exceptions.
a. Notwithstanding any other provision of this Chapter, on corner lots,
no structure or plant material exceeding three (3) feet in height
above the elevation of the street pavement is allowed within the sight
distance triangle.
b. Boundary walls or fences six (6) feet or less in height are allowed
within the minimum yard requirements.
c. Permitted information signs six (6) feet or less in height are allowed
within the minimum front yard setback.
d. Permitted directional signs three (3) feet or less in height are
allowed within the minimum front yard setback.
e. Light standards for street lighting or at points of ingress and egress
are allowed within the minimum front yard setback when approved by
the Department of Planning and Community Development.
G. Parking Requirements.
1. Minimum of two (2) parking spaces, covered or uncovered.
2. Any new driveway, driveway extension, driveway widening, expansion,
turnaround area, addition, pad areas or other driveway improvement
shall be constructed of a finished hard surfaced material and shall
be similar to that which already exists.
3. No motor vehicle licensed in excess of eighteen thousand (18,000)
pounds gross vehicle weight may be parked in this zoning district.
Motor vehicles licensed eighteen thousand (18,000) pounds gross vehicle
weight or less, but in excess of twelve thousand (12,000) pounds gross
vehicle weight, must be parked or stored in the driveway or behind
the front building line. Vehicles, while making local deliveries or
providing local services, are exempt from the provisions of this Section.
[R.O. 2005 §30-33; Ord. No. 2218 §1, 12-17-1997]
A. Purpose. Transfer of jurisdiction of areas in the City of
Wildwood to the City of Ellisville have been approved by the St. Louis
County Boundary Commission; and the Missouri Revised Statutes mandate
that the zoning classification of a transferred territory shall remain
the same as it was prior to the transfer. Therefore, this Section
contains the district regulations for those areas transferred to the
City with prior Wildwood "NU" Non-Urban District zoning.
B. Permitted Uses. The following land uses and developments
are permitted in this district:
|
Churches.
|
|
Commercial vegetable and flower gardening, as well as plant
nurseries and greenhouses, but not including any structure used as
a sales room.
|
|
Dairy farming.
|
|
Dwelling, single-family.
|
|
Farming, including the cultivation and sale of any plant crops
and domestic animals.
|
|
Forests, wildlife reservations, as well as conservation projects.
|
|
Home occupations.
|
|
Hunting and fishing, as well as propagation of wildlife of any
kind.
|
|
Libraries, public or private not-for-profit.
|
|
Local public utility facilities, provided that any installation,
other than poles and equipment attached to the poles, shall be:
|
|
a.
|
Adequately screened with landscaping, fencing or walls or any
combination thereof,
|
|
b.
|
Placed underground, or
|
|
c.
|
Enclosed in a structure in such a manner so as to blend with
and complement the character of the surrounding area.
|
|
|
All plans for screening these facilities shall be submitted
to the Department of Planning and Community Development for review.
No building permit or installation permit shall be issued until these
plans have been approved by the Department of Planning and Community
Development.
|
|
Mausoleums or crematoriums in an existing cemetery, any other
provision of the law notwithstanding, but no such structure shall
be situated closer than one hundred (100) feet to any cemetery property
line.
|
|
Parks, parkways and playgrounds, public or private not-for-profit.
|
|
Schools, public or private kindergarten, elementary, secondary
and collegiate.
|
C. Conditional Uses. The following land uses and developments
may be permitted under conditions and requirements specified in conditional
use permits:
[Ord. No. 3312 § 2, 3-15-2017]
Administrative offices and educational facilities for religious
purposes.
|
Blacksmiths.
|
Cell towers.
|
Cemeteries, including mortuaries operated in conjunction with
the cemetery.
|
Child care centers, nursery schools and day nurseries.
|
Clubs, private not-for-profit.
|
Comprehensive marijuana cultivation facilities. [Ord. No. 3542, 2-1-2023]
|
Correctional institutions.
|
Fairgrounds.
|
Feed or grain storage, commercial or cooperative.
|
Golf courses including practice driving tees, miniature golf
courses and independent practice driving tees.
|
Group homes. No group home shall be located
within two thousand five hundred (2,500) feet of another group home.
The exterior appearance of the home and property shall be in reasonable
conformance with the general neighborhood standards. Group homes shall
be eleemosynary or not-for-profit in nature.
|
Local public utility facilities over sixty (60) feet in height.
|
Medical Marijuana Cultivation Facility (indoor). [Ord. No. 3415, 4-17-2019]
|
Medical Marijuana Cultivation Facility (outdoor). [Ord. No. 3415, 4-17-2019]
|
Mortuaries.
|
Mulching plants for trees, wood or wood waste, but not including
any assembly or manufacture of a product.
|
Nursing homes, but not including self-care units.
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Police and fire stations.
|
Public utility facilities.
|
Radio, television and communication transmitting, receiving
or relay towers and facilities.
|
Recreational camps and camping facilities.
|
Recreational land uses, commercial or not-for-profit.
|
Residential substance abuse treatment facilities.
|
Retreats owned and operated by religious, educational or other
not-for-profit establishments and religious convents.
|
Riding stables, kennels and veterinary clinics.
|
Rifle ranges, skeet shooting clubs and other activities featuring
the use of firearms when all parts of these activities are located
at least one hundred (100) feet from the boundaries of the property
involved.
|
Sales rooms, when established as an accessory use to commercial
gardens, plant nurseries and greenhouses, for the sale of nursery
products and related items for use in preserving the life and health
of such products, hand tools and plant containers. The preceding items
shall not include power-driven equipment, lawn and garden furniture
nor decorative accessories, fencing; however, bulk sale of sand, gravel,
mulch, railroad ties or similar materials may be permitted. The sales
room may occupy all or a portion of a building.
|
Satellite dishes.
|
Sewage treatment facilities, other than facilities permitted
as an accessory use.
|
Short term residential rentals.
|
Specialized private schools.
|
D. Accessory Uses. Subject to compliance with the procedures
of this Section, accessory buildings, structures and uses are permitted
in conjunction with a permitted land use or development or (unless
restricted by applicable condition) a conditional land use or development
when such accessory building, structure or use is customarily found
in conjunction with the primary use, is a reasonably necessary incident
to the primary use, is clearly subordinate to the primary use and
serves only to further the successful utilization of the primary use.
Accessory uses include the following:
1. Devices for the generation of energy, such as solar panels, wind
generators and similar devices.
2. Individual sewage treatment facilities serving an individual dwelling,
farm or non-residential use as approved by the appropriate regulatory
agency. The sewage treatment facilities shall not exceed five thousand
(5,000) gallons per day flow.
4. Signs (business, directional and information).
E. Performance Standards. All uses in the"WNU" Wildwood Non-Urban
District shall operate in conformity with the appropriate performance
standards.
F. Height Requirements. The total height of any structure shall
not exceed that permitted in St. Louis County Section 1003.161 Air
Navigation Space Regulations.
G. Area Requirements. The minimum lot area and yard requirements
for land uses and developments in the "WNU" Wildwood Non-Urban District
shall be as set out below:
1. Minimum lot area requirements.
a. The following permitted and conditional land uses shall be situated
on tracts of land providing not less than the following areas:
Use
|
Minimum Area
|
---|
Administrative offices and educational facilities—religious
|
4 acres
|
Child care center
|
3 acres
|
Church
|
3 acres
|
Dwelling, single-family
|
3 acres
|
Dwelling, single-family, earth sheltered
|
3 acres
|
Group homes
|
3 acres
|
Local public utility facilities
|
10,000 square feet
|
Mechanical sewage treatment facility
|
3 acres
|
Mortuary
|
Minimum area 3 acres (minimum of 200 feet on a State (M.H.T.D.)
roadway and adjacent to existing commercial zoning district)
|
Residential substance abuse treatment facility
|
3 acres (except 5 acres for a facility of more than 8 resident
patients)
|
Schools
|
|
|
Nursery or day nursery
|
1 acre
|
|
Kindergarten (separate)
|
3 acres
|
|
Primary
|
5 acres
|
|
Junior high
|
10 acres
|
|
Senior
|
20 acres
|
|
Collegiate
|
10 acres
|
b. Any lot or tract of record on the effective date of this Chapter
which contains less than three (3) acres, may be used as a site for
one (1) single-family dwelling together with customary accessory structures
and uses.
c. Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres nor more than that required by the school land area requirements as listed in Subsection
(G)(1)(a).
d. Mechanical sewage treatment facilities may be located on tracts of
land less than three (3) acres in area where the facility is located
on platted common land within a subdivision. The minimum lot area,
however, shall in no case be less than ten thousand (10,000) square
feet.
e. Police and fire stations as approved by the Planning Commission via
a conditional use permit may be established on tracts of less than
five (5) acres where the related parking needs, outdoor facilities
and size of buildings are deemed consistent with the intensity of
land use in the neighborhood of these uses.
f. All other permitted or conditional land uses in this district shall
be situated or conducted on tracts of land at least five (5) acres
in area.
2. Creation of new lots. No new lots shall be created
of less than three (3) acres in area except for fire stations, Police
stations, nurseries or day nurseries and local public utility facilities.
Lots of less than three (3) acres in area, created for the above uses,
shall not be used for any other use. In the event the permitted use
terminates, the lot shall be established as common ground for an adjacent
development or combined with an adjacent parcel or parcels by means
of a boundary adjustment. Prior to the approval of a subdivision record
plat creating a lot of less than three (3) acres, a deed or other
legal instrument must be approved by the City Attorney and recorded
with the St. Louis County Recorder of Deeds, which guarantees the
required transfer of the property in the event the permitted use is
terminated.
3. Minimum yard requirements—general.
a. Front yard. No structure shall be allowed within
fifty (50) feet of any roadway right-of-way line.
b. Side and rear yard. No structure shall be allowed
within thirty (30) feet of any property line other than a roadway
right-of-way line.
4. Specific yard requirements and exceptions.
a. Notwithstanding any other provisions of this Chapter, on corner lots,
no structure or plant material exceeding three (3) feet in height
above the elevation of the street pavement is allowed within the sight
distance triangle.
b. Boundary walls or fences six (6) feet or less in height are allowed
within the minimum yard requirements.
c. Permitted information signs six (6) feet or less in height are allowed
within the minimum front yard setback.
d. Permitted directional signs three (3) feet or less in height are
allowed within the minimum front yard setback or sight distance triangle.
e. A permitted freestanding business sign may be located no closer than
thirty (30) feet from any roadway right-of-way line.
f. Light standards for street lighting or at points of ingress and egress,
but not including parking lot lighting, are allowed within the minimum
front yard setback when approved by the Department of Planning and
Community Development. Light standards for parking lot lighting are
allowed no closer than ten (10) feet of any side or rear yard line
which adjoins property in the "WNU" Wildwood Non-Urban, Park or any
"R" Residence District.
g. In the event that greater than fifty percent (50%) of the existing
dwelling structures on the same side of a street and in both directions
from a lot, for a distance of five hundred (500) feet or to the nearest
intersecting street, whichever distance is less, have a variation
in front yard setbacks of no more than ten (10) feet, the required
front yard for that lot shall be the average setback of those structures.
However, in no case shall any building be located closer than fifteen
(15) feet from any roadway right-of-way line, nor shall a setback
of greater than seventy-five (75) feet be required.
h. If a lot of record existing on the effective date of this Chapter
has a width of one hundred (100) feet or less, the side yard on each
side of any structure erected on such lot may be reduced to a width
of not less than ten percent (10%) of the width of the lot, but in
no instances shall such yard be less than five (5) feet in width.
i. Any non-residential structure, other than a public utility tower
authorized by a conditional use permit, which exceeds thirty (30)
feet in height shall be set back from all property lines at least
one (1) additional foot for every foot of height above thirty (30)
feet.
j. No private stable shall be allowed within one hundred (100) feet
of any property line. Affiliated pasture areas shall be fenced.
5. Maximum height and minimum yard requirements for nursing
homes.
a. No building within a nursing home development shall exceed a height
of three (3) stories or forty-five (45) feet above the average ground
elevation at the perimeter of the building, whichever is less.
b. No building within a nursing home development shall be allowed within
a minimum of fifty (50) feet of any property line.
c. Limited service and retail commercial uses, not to exceed five percent
(5%) of the total gross floor area of the self-care building or buildings,
excluding garages, to be located within one (1) self-care building,
shall be permitted in conjunction with the existing nursing homes
with a minimum of one hundred (100) beds and fifty (50) self-care
units. There shall be no indication, through signs or other devices
on the exterior, that such commercial uses are in existence. Uses
authorized may include a financial facility, excluding drive-up and
external walk-up facilities, barber and beauty shop, food or drug
store, laundry or dry cleaning pickup and a newspaper stand and card
shop.
6. Maximum density, maximum height and minimum yard area for
residential substance abuse treatment facilities.
a. Densities shall not exceed eight (8) resident patients and two (2)
house parents or support staff per facility for lots less than five
(5) acres.
b. No building within a residential substance abuse treatment facility
development shall exceed a height of three (3) stories or forty-five
(45) feet above the average ground elevation at the perimeter of the
building, whichever is less.
c. No building within a residential substance abuse treatment facility
development shall be allowed within a minimum of fifty (50) feet of
any property line.
d. Residential substance abuse treatment facilities shall maintain a
minimum radius of two (2) miles between each facility.
H. Parking Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section
400.490 "Parking And Loading Requirements".