[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(17), 10-1-2003; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 04-158 §3, 9-29-2004; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 06-002 §1, 1-10-2006; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 08-146 §§2—4, 12-17-2008; Ord. No. 10-041 §5, 6-2-2010; Ord. No. 15-112 §1, 12-7-2015; Ord. No. 18-012 § 1, 1-29-2018; Ord. No. 20-001, 1-13-2020; Ord. No. 25-006, 2-24-2025]
A.
Statement Of Intent. Except as provided in Subsection (C), paragraph (13) below, the intent of these districts is to provide for detached single-family residential development on minimum lot sizes varying from three (3) acres to seven thousand (7,000) square feet. Lots less than three (3) acres in size shall be served by sanitary sewers and a public water supply. These districts and their related minimum lot sizes are as follows:
1.
"RR" - three (3) acres;
2.
"R1A" - one (1) acre;
3.
"R1B" - twenty thousand (20,000) square feet;
4.
"R1C" - fifteen thousand (15,000) square feet;
5.
"R1D" - ten thousand (10,000) square feet; and
6.
"R1E" - seven thousand (7,000) square feet.
These districts also allow for land uses which are incidental or accessory thereto. |
B.
Permissive Uses.
1.
Cemetery on a site of not less than five (5) acres. Cemeteries with a crematory as an accessory use on a site of not less than twenty (20) acres.
2.
Churches.
3.
Cluster developments in accordance with Subsection 405.090(I).
4.
Golf course and clubhouse, driving range (unlighted) as an accessory use; no miniature golf course operated for commercial purposes.
6.
Horses and private stables as an accessory building on three (3) acres or more, provided said stables are fifty (50) feet from all property lines.
7.
Parks or playgrounds.
8.
Public building or facility erected by a governmental agency.
9.
Public school (elementary, middle, or high), or a private school having a curriculum equivalent to public elementary, middle, or high school.
10.
Railroad right-of-ways, not including railroad yards.
11.
Recreational areas for subdivision developments within common ground areas.
12.
Sewage treatment plants and related facilities, including lift stations, water supply plants, pumps, reservoirs, wells, and elevated storage tanks, for the purpose of providing services to the public.
13.
Single-family/single household dwellings, including modular structures to be used as dwellings, provided:
a.
That persons applying for land use permits for such modular structures voluntarily apply also for building permits for those structures,
b.
That such modular structures meet the requirements of Title V of the Ordinances of St. Charles County, Missouri, and
c.
That if a court of competent jurisdiction finds that either of the preceding provisos is unconstitutional or unlawful, that proviso shall not be severed from any other language herein beginning with "including modular structures to be used as dwellings" but all of that language shall likewise be deemed unconstitutional or unlawful.
14.
Two-family/two household dwellings designated at the time of platting in the "R1C", "R1D" and "R1E" districts.
15.
Accessory uses and buildings incidental to the above uses, when located on the same lot; examples of which are vegetable and flower gardens, the raising and keeping of pets on a non-commercial basis, swimming pools, tennis courts, utility sheds, personal greenhouses and garden houses (non-commercial), unattached carports, unattached garages, and satellite dishes. If the satellite dishes are eighteen (18) inches or less in diameter and attached to a house, the dishes are allowed without setbacks.
C.
Conditional Uses.
1.
Adult day care.
2.
Bed and breakfast residence.
4.
Historic sites.
6.
Housing unit or units in the "R1E" district with a minimum dwelling size (living space) of eight hundred (800) square feet, a minimum lot area of six thousand (6,000) square feet, and on lots sixty (60) feet wide and with side yards six (6) feet in width.
7.
Institution (hospital, nursing, rest, or convalescent home, and educational or religious) on a site of not less than five (5) acres, provided that not more than fifty percent (50%) of the site area may be occupied by buildings, and further provided that the buildings shall be set back from all required yard lines a minimum of fifty (50) feet. Hospitals may include a helicopter landing pad area as an accessory use.
8.
Kennels, on a site of not less than three (3) acres, provided all pens are one hundred fifty (150) feet from all property lines.
9.
Lawn care service, on a site of not less than one (1) acre, and all lawn care materials; any related equipment or vehicles are required to be stored within an accessory structure.
10.
Manufactured and modular structure(s) not utilized as a dwelling.
11.
Manufactured home subdivisions, manufactured homes and modular structures not meeting the provisions within Section 405.090(B)(13), with conditions regulated in Part 4, Section 405.520, Development Standards for Certain Conditional Uses.[2]
[2]
Editor's Note—In the original text of ord. no. 10-041, the reference "405.090(B)(13)" read "405.090(B)(12)". This was a typographical error and corrected at the direction of the County Counselor's office.
12.
Preschool, daycare, special, or other private school.
13.
Private clubs on a site of not less than two (2) acres.
14.
Private or commercial recreational facility, including a lake, swimming pool, tennis court, boarding stable, riding stable, or golf course on a site of not less than five (5) acres.
16.
Top soil removal operation.
17.
Utility substation for electric, gas or telephone utilities on a site of not less than ten thousand (10,000) square feet in size in the "RR", "R1A", "R1B" and "R1C" Districts and not less than six thousand (6,000) square feet in the "R1D" and "R1E" Districts.
18.
Wind turbines.
D.
Height, Area And Lot Requirements.
6.
Minimum lot area.
a.
One hundred thirty thousand six hundred eighty (130,680) square feet in "RR".
b.
Forty-three thousand five hundred sixty (43,560) square feet in "R1A".
c.
Twenty thousand (20,000) square feet in "R1B".
d.
Fifteen thousand (15,000) square feet in "R1C".
e.
Ten thousand (10,000) square feet in "R1D".
f.
Seven thousand (7,000) square feet in "R1E".
7.
Minimum dwelling size (living space). One thousand (1,000) square feet for single-family.
8.
Lots to be used for two-family/two household development. The developer of a proposed subdivision may work with the Director of the Division of Planning and Zoning or his/her assigns in locating lots with "R1C", "R1D" and "R1E" residential districts that are to be used for two-family/two household dwellings. These lots, if any are approved, shall be stated as such on both the preliminary and final plats and their number will not exceed ten percent (10%) of the total number of lots within each respective subdivision plat having ten (10) or more lots. Any fraction thereof will be considered the next lowest number. For subdivision plats having five (5) to nine (9) lots, one (1) two-family/two household lot may be granted. For subdivision plats having fewer than five (5) lots, no two-family/two household lots are permitted.
E.
Accessory Structure.
1.
Maximum total size of all accessory structures (except stables) on any given parcel may not exceed the following limits.
a.
For parcels less than one (1) acre in size, up to one thousand two hundred (1,200) square feet.
b.
For parcels at least one (1) acre but less than three (3) acres in size, two thousand four hundred (2,400) square feet.
c.
For parcels at least three (3) acres but less than five (5) acres in size, three thousand six hundred (3,600) square feet.
d.
For parcels at least five (5) acres but less than ten (10) acres in size, four thousand eight hundred (4,800) square feet.
e.
For parcels at least ten (10) acres, or more, in size, no maximum square footage.
2.
Maximum size of private stable. Three thousand (3,000) square feet for stables in "R1A" through "R1E" zoning districts. Such stables must be fifty (50) feet from all property lines.
3.
Minimum front yard of accessory structure. Fifty (50) feet.
4.
Minimum side yard of accessory structure. Seven (7) feet, except on lots of three (3) acres, or greater, in which case the minimum side yard shall be twenty-five (25) feet.
5.
Minimum rear yard of accessory structure. Seven (7) feet.
6.
Minimum distance from main structure to accessory structure. Ten (10) feet (except swimming pools). Accessory structures that will be less than ten (10) feet from the main structure must meet the same setbacks as the main structure and meet applicable building code requirements. A detached garage may be located in the front yard, however, no part of the structure may be located directly in front of the main structure.
7.
Design requirements. All accessory, non-residential buildings over two hundred (200) square feet, except accessory structures and stables in the "RR" District, must be constructed of building materials and designed architecturally to be in substantial compliance with the primary structure. The use of metal siding, including, but not limited to, aluminum and steel, in the construction of an accessory structure is prohibited, except when the accessory structure is located on a lot of three (3) acres, or greater.
H.
Solid Waste Disposal Screening Regulations. Other than for residential use, all exterior solid waste containers and container racks and stands shall be screened on at least three (3) sides by a six (6) foot solid fence and on the fourth (4th) side by a solid gate constructed of cedar, redwood, masonry or other compatible building material.
I.
Cluster Development. Cluster development shall be subject to the following regulations, but shall remain subject to all other applicable provisions of this Unified Development Ordinance not modified by the following regulations.
1.
Statement of intent. The intent of the following regulations is:
a.
To provide permissive, voluntary and alternate procedures within the "RR", "R1A", "R1B", "R1C", "R1D" and "R1E" Single-Family Residence Districts by permitting flexibility in lot requirements and dwelling unit types while maintaining the maximum dwelling unit density limitations of the particular parcel's zoning district.
b.
To encourage creative and flexible site design that is sensitive to the land's natural features and adapts to the natural topography.
c.
To protect environmentally sensitive areas of a development site and preserve on a permanent basis open space, natural features and agricultural lands.
d.
To promote cost savings in infrastructure installation and maintenance by such techniques as reducing the distance over which utilities, such as water and sewer lines, need to be extended or by reducing the length of streets.
e.
To protect the public health, safety and general welfare by avoiding surface and ground water pollution, contaminated run-off, air quality contamination and urban heat islands that result from pavement and the clearing of natural vegetation.
2.
Standards for cluster development.
a.
Minimum size of tract and number of lots or units. Cluster development is permitted on tracts containing five (5) or more acres and five (5) or more lots or units.
b.
Residential uses only. Cluster development may be utilized for developments of single-family attached or detached dwellings. Development plans and plats required by and submitted pursuant to these regulations shall note which types of units are utilized in the subdivision.
c.
Maximum lot sizes. Maximum lot sizes in a cluster development shall be as follows:
Zoning District | Maximum Lot Area in Cluster Development | Permitted Density of the Zoning District | |
|---|---|---|---|
"RR" | 1 acre | 1 unit per 3 acres | |
"R1A" | 14,500 square feet | 1 unit per 1 acre | |
"R1B" | 9,000 square feet | 2.1 units per 1 acre | |
"R1C" | 6,700 square feet | 2.9 units per 1 acre | |
"R1D" | 5,500 square feet | 4.3 units per 1 acre | |
"R1E" | 4,200 square feet | 6.2 units per 1 acre |
d.
Density calculations. The maximum number of lots or units allowable shall be calculated by dividing the net area of the development by the minimum lot area requirements of the residential district or districts in which the subdivision is located. The net area is the gross area of the development minus the following:
e.
Planning and platting or dedication of open space. Open space areas are the parks, natural features and passive open space that distinguish this use pattern from other types of development. Open space areas shall be designated on the development plan and on any preliminary or final plat and shall be subject to the following minimum requirements.
(1)
The minimum land area that shall be devoted to open space shall consist of an area equal to the net area of the development minus the maximum number of lots having the maximum lot size. Open space in excess of the minimum may also be included in open space.
(2)
Open space shall not be further subdivided.
(3)
Open space shall not be developed except as provided below.
(4)
Open space may be included in the net acreage of the development for density calculations only if it is used as:
(a)
Conservation of open space in its natural state.
(b)
Recreation including, but not limited to, trails, picnic areas, community gardens, playing fields, playgrounds and courts, lakes and ponds.
(c)
Water supply and sewage disposal systems for the development.
(d)
Pasture and stables for recreational horses on ten (10) acres or more of open space (if horses are pastured, the number of horses shall not exceed one (1) horse per acre of pasture).
(e)
Easements for drainage, access, sewer or water lines or other public purposes.
(f)
Stormwater management facilities.
(g)
Parking areas to serve recreational areas.
(h)
Agricultural area to be used for crops and the grazing of animals.
(5)
Open space areas shall to the extent possible abut existing conservation areas, parks, open space or farmland on adjacent parcels.
(6)
Open space may be designated for dedication for public use, and in such cases be considered part of the gross acreage of the development in computing the maximum number of lots that may be created or dwelling units that may be authorized, only if:
(a)
The area of the proposed cluster development is at least thirty (30) acres;
(b)
The proposed public use site is dedicated to the public in a manner approved by the County Counselor or legal counsel of the public agency prior to recording of the subdivision plat and the use on the site shall be in conformance with Section 405.090(I)(2)(e)(3) above;
(c)
Prior to the recording of the subdivision plat, a written agreement between the petitioner and the public agency shall be submitted to the Director of the Planning and Zoning Division for review and approval. This agreement shall indicate who is responsible for the installation of required improvements and indicate when the improvements will be installed;
(d)
The subdivision plat for record identifies the boundaries of the dedicated tract within the cluster development;
(e)
The deed of dedication for public use shall provide that in the event the property shall no longer be used for that purpose, it will revert to the trustees of the subdivision in which it is located as common land. The trust indenture required herein shall provide for the manner in which the common land shall be treated.
(7)
Open space not dedicated to the public shall be titled to subdivision trustees, as provided herein.
(a)
In developments where common ground which may include open spaces, recreational areas or other common ground are provided and the acreage of which is included in the gross acreage for density calculation purposes, a trust indenture shall be recorded simultaneously with the final plat. The indenture shall provide for the proper and continuous maintenance and supervision of said common land by trustees to be selected and to act in accordance with the terms of such indenture, and the common land shall be deeded to the trustees.
(b)
In addition, the trust indenture shall contain the following provisions:
(i)
That the common ground, including open spaces, recreational areas or other common ground, shall be for the sole benefit, use and enjoyment of the lot or unit owners, present and future, of the entire cluster development or that the common ground may also be used by residents outside the cluster development.
(ii)
If residents outside the cluster development are permitted to use the common ground, the indenture shall contain provisions which shall provide, in essence, the following:
i)
No resident of the cluster development shall be denied the use of the open space, recreational facilities or other common ground for any reason related to the extension of such privilege to non-residents of the cluster development;
ii)
All rules and regulations promulgated pursuant to the indenture with respect to residents of the cluster development shall be applied equally to the residents;
iii)
All rules and regulations promulgated pursuant to the indenture with respect to non-residents of the cluster development shall be applied equally to the non-residents;
iv)
At any time after the recording of the indenture, a majority of the residents of the cluster development, by election duly called, may elect to allow or disallow usage of the open space, recreational facilities or other common grounds by non-residents of the cluster development.
(8)
Trust indentures for cluster development shall also include:
3.
Application for approval of cluster development—preliminary review by Division of Planning and Zoning.
a.
Applications for a cluster development shall be filed with the Division of Planning and Zoning on a form supplied by the Division. The application shall include a statement regarding the proposed development's compliance with the intent of this Subsection and a development plan depicting the arrangement of buildings on the site, building elevations depicting the architectural character and design of the proposed buildings, proposed landscaping and open space design. The development plan may be combined with a preliminary plat submitted pursuant to Chapter 410 of this Unified Development Ordinance.
b.
Upon verification by the Division's staff that an application for a cluster development is complete, the application (along with the preliminary plat, if combined with the development plan) shall be submitted to the Planning and Zoning Commission for review and approval.
4.
Approval of cluster development by Planning and Zoning Commission—criteria. The Planning and Zoning Commission may approve an application for a cluster development if the Commission finds that it meets the following criteria for approval.
a.
In preparing a development plan the applicant must:
(1)
Investigate and address the impacts of the proposed development on the site to be developed, on adjacent tracts and on public infrastructure, and
(2)
Identify and plan for the density, intensity, land uses, pedestrian and bicycle ways, trails, parks, open space, lot configuration, street and drainage patterns established for a site in the platting process.
b.
Further, the Planning and Zoning Commission shall not approve a subdivision plat and development plan for a cluster development unless all of the following findings with respect to the proposed development are made:
(1)
The proposed land use is in accord with the adopted Master Plan and the official Zoning Map, or that the means for reconciling any differences have been addressed. A preliminary plat may be processed concurrently with a rezoning request.
(2)
The proposed cluster subdivision conforms to all relevant requirements of the County. The plat and plan shall:
(a)
Meet all requirements with respect to lot size, density and area as provided in this Subsection;
(b)
Meet all development standards of this Unified Development Ordinance not modified by this Subsection;
(c)
In no way creates a violation of any applicable current ordinances, Statutes or regulations.
(3)
The proposed development, including its lot sizes, density, design, access and circulation, is compatible with the existing and/or permissible future use of adjacent property.
(4)
The proposed public facilities are adequate to serve the normal and emergency demands of the proposed development and to provide for the efficient and timely extension to serve future development.
(5)
Rights-of-way and easements of adequate size and dimension are provided for the purpose of constructing the street, utility and drainage facilities needed to serve the development.
(6)
The proposed cluster subdivision provides the appropriate land and improvements necessary to satisfy the requirements of the open space standards provided in this Chapter.
(7)
The proposed subdivision provides adequate pedestrian access to parks and open space.
(8)
The soils, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes.
(9)
Any land located within Zone A, as shown on the currently adopted Flood Insurance Rate Maps, is determined to be suitable for its intended use and the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential or any other floodplain-related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with the provisions of this Unified Development Ordinance not modified by this Subsection.
c.
Approval of a development plan for a cluster development shall constitute acceptance of the land use, building and architectural character, development intensity, general street patterns, drainage patterns, lot patterns, parks and open space lands and the general layout of pedestrian and bicycle trails, provided that these may be modified by the Planning and Zoning Commission in conjunction with subsequent approvals if additional information reveals development constraints that are not evident during preliminary plat review.
5.
Denial of approval by Planning and Zoning Commission—approval by County Council by ordinance. If the Planning and Zoning Commission withholds approval of a cluster development, the application shall be forwarded to the County Council and such application must then be approved by an ordinance with approval of five (5) member of the County Council, and the reasons for approval or failure to approve such application shall be spread upon the records of the Governing Body and certified to the Planning and Zoning Commission.
6.
The Planning and Zoning Commission shall approve preliminary and final plats for cluster developments as provided in the regulations for the subdivision of land in Chapter 410 of this Unified Development Ordinance. However, no such plat may be approved unless it is in substantial conformity with an approved development plan for the cluster development and with these regulations.