Village of Airport Drive, MO Zoning Districts

[CC 1995 §41.100; Ord. No. 90-6, 6-28-1990]

The following uses shall apply in all "A-1" Agricultural Districts:

General description. This district is intended to provide a location for the land situated on the fringe of the urban area, within the jurisdictional limits of the Village, that is used for agricultural purposes, but will be undergoing urbanization in the foreseeable future. Therefore, the agricultural uses and activities should not be detrimental to urban land uses. It is not intended that this district provide a location for a lower standard of residential, commercial or industrial development that is authorized in other districts. The types of uses, area and intensity of use of land which is authorized in this district is designed to encourage and protect any agricultural uses until urbanization is warranted and the appropriate changes in district classification are made.

Uses permitted. Agricultural uses and their accessory structures as defined in this Article. No building permits shall be required for such structures.

Farmhouses, to the extent they are declared to be an essential agricultural use accessory by the Board of Adjustment.

Bulletin board or sign not exceeding forty (40) square feet in area appertaining to the lease, hire or scale of a building on the premises or of the premises, which sign or board shall be removed as soon as the same is leased, hired or sold.

Uses permitted on review. The following uses may be reviewed by the Board of Adjustment, pursuant to Section 400.120, subject to such conditions and safeguards as they may deem appropriate.

Churches or similar places of worship with accessory structures.

Public schools and institutions of higher learning.

Public parks, public playgrounds and recreational area operated by membership organizations for the benefit of their members and not for gain.

Sign or display not exceeding two (2) in number advertising the residential, commercial or industrial development of the land on which the sign or display is situated. All signs or displays shall be removed immediately upon completion of the development, but in no case shall they be permitted to remain longer than three (3) years from the date of issuance of the special permit. The type, location and lighting of the sign or display shall be such as to not be detrimental to the use of adjacent properties or to restrict sight distances on public streets.

A cemetery, airport, camp, hospital, sanitarium, correctional institution or institution for the insane.

Rodeo or fairgrounds.

Dog kennels.

Athletic fields.

Section 405.110 "R-1" One-Family Residential District.

[CC 1995 §41.110; Ord. No. 92, 1992]

Uses Permitted.

One-family dwellings, but not including trailers or mobile homes.

Public schools and institutions of higher education, public libraries, municipal buildings.

Public parks, public playgrounds.

Philanthropic or eleemosynary institutions other than camp, hospital, sanitarium, correctional institution or institutions for the insane.

Customary home occupations, provided that there shall be no external evidence of such occupations except a small announcement or professional sign not over two (2) square feet in area.

Church or public building bulletin board not exceeding ten (10) square feet in area and temporary signs not exceeding six (6) square feet in area pertaining to the lease, hire or sale of the building or premises where the sign is located.

Temporary building for uses incidental to construction work, which buildings shall be immediately adjacent to said construction work and which buildings shall be removed upon completion or abandonment of the construction work.

Other customary accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building.

Group homes. No group home shall be located within one thousand five hundred (1,500) 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.

Building Height. No building shall be erected or enlarged to exceed two and one-half (2½) stories, excluding basement, or thirty-five (35) feet.

Required Lot Area. Every lot shall have a width of not lss than eighty (80) feet and an area of not less than the following:

[Ord. No. 20-20, 11-18-2020]

One-family dwelling not served by sanitary sewer system. Three (3) acres, unless a County and/or State Health Officer approves a sanitary system that can be installed on a lesser-sized lot.

One-family dwelling served by sanitary sewer system or with approval of the County and/or State Health Officer. Eight thousand (8,000) square feet.

All other uses. Area and system as approved by the County Health Officer and Board of Adjustment.

Percentage Of Lot Coverage. All buildings, including accessory buildings, shall not cover more than thirty percent (30%) of the area of the lot; detached accessory buildings, not used as dwellings, can be located in a rear yard and shall have clearance of at least eight (8) feet from side to rear lot lines and may not be located within a public easement. An accessory building attached in any structural manner to the principal structure must conform to the side and rear requirements for principal structures.

Yard Required. Each lot shall have front, side and rear yards, as measured from the property line, not less than the depth or width following:

[Ord. No. 20-20, 11-18-2020]

Front yard depth twenty-five (25) feet. A fifteen (15) foot side yard width on a corner lot may be permitted.

Each side yard width not on a corner lot to be a minimum of eight (8) foot of lot width.

Rear yard including corner to be a depth of twenty-five (25) feet.

Parking Regulations. See Supplemental Regulations on Off-Street Parking and Loading, Section 405.400.

Section 405.120 "R-2" Two-Family Residential District.

[CC 1995 §41.120]

Uses Permitted.

All uses permitted in "R-1" Districts, subject to all the restrictions specified therefor in said "R-1" districts.

Two-family dwellings, but not including trailers or mobile homes.

Building Height. Same as "R-1" District.

Required Lot Area.

[Ord. No. 20-20, 11-18-2020]

Each one-family dwelling shall be located on a lot of the same area width as required for "R-1" District.

Each two-family dwelling shall be located on a lot having an area of a least eight thousand five hundred (8,500) square feet and an average width of at least eighty-five (85) feet.

Percentage Of Lot Coverage. Same as "R-1" District.

Yards Required. Same as "R-1" District.

Parking Requirement. See Supplemental Regulations on Off-Street Parking and Loading, Section 405.400.

Section 405.130 "R-3" Multiple-Family Residential District.

[CC 1995 §§41.130, 41.390 — 41.391]

Uses Permitted.

All uses permitted in "R-2" Districts, subject to all of the restrictions specified therefor.

Multiple-family dwelling, apartment house.

Boarding and lodging house.

Institution of an educational, philanthropic or eleemosynary nature.

Uses Permitted On Review By The Board Of Adjustment.

Day care/child care center. Day care/child care centers authorized under uses permitted on review by Board of Adjustment, pursuant to Section 400.120(2), in residential districts shall meet the following provisions:

The center shall be located in a one-family dwelling which is the permanent residence of the operator and shall be operated in a manner that will not change the character of the residence and shall not exceed six (6) children.

The day care/child care center shall contain not less than one thousand (1,000) square feet of gross floor area where three (3) children, not members of the family, are provided for; and the day care center shall be increased by one hundred (100) square feet of gross floor area for each child more than three (3) provided for within the day care center. The floor area of an attached garage shall not be included in determining gross floor area of the day care/child care center.

The day care/child care center shall meet Village-County Health Department requirements as to safety, design, facilities and equipment and other features.

The day care/child care center shall be located on a lot having not less than fifteen thousand (15,000) square feet of area and all portions of said lot used for outdoor play space shall be fenced with an opaque, ornamental fence not less than forty-two (42) inches in height.

The center shall be operated in a manner that will not adversely effect other properties and uses in the area.

A day care/child care center shall be located in any place other than an occupied residence and shall not be located in a designated "R-1" District.

Nursing home or home for the aged.

Multiple-family storage facilities.

Building Height. Three (3) stories but not exceeding forty (40) feet.

Required Lot Area. No dwelling shall be established on a lot having an area or width less than specified for one-family residences in "R-1" Districts; provided however, that each separate development shall not exceed a density of seven (7) dwelling units per gross acre of lot.

Percentage Of Lot Coverage. All buildings, including accessory buildings, shall not cover more than forty percent (40%) of the area of the lot.

Yard Required. Yards of the following minimum depths shall be provided:

Front yard. Thirty-five (35) feet.

Side yards. Each one-third (1/3) the height of the building, but not less than twelve (12) feet.

Rear yards. Depth equal to the height of the building, but not less than twenty (20) feet.

Distance Between Buildings On Same Plot. No principal buildings shall be closer to any other principal building than the average of the heights of said buildings, not less than twenty (20) feet.

Automobile Storage Or Parking Space. In connection with every multiple-family dwelling there shall be provided off-street automobile storage or parking space equal to not less than four hundred (400) square feet for each dwelling unit; provided however, that no front yard shall be used for the open air parking or storage of any motor vehicle. See Supplemental Regulations on Off-Street Parking and Loading, Section 405.400.

Section 405.140 "R-4" Town House Residential District.

[CC 1995 §41.140]

Uses Permitted.

All uses permitted in "R-1", "R-2" and "R-3" Districts, subject to all of the restrictions specified therefor.

Town houses.

Building Heights. Same as "R-3" District.

Required Lot Area.

Same as "R-3" District.

Each interior lot used for town houses shall have a width of at least one hundred fifty (150) feet and each corner lot a width of at least one hundred fifty (150) feet.

The minimum width of a town house shall be eighteen (18) feet, except the average width in any continuous attached development shall be twenty (20) feet and there shall be not more than eight (8) town houses in any one (1) row.

Not less than fifty percent (50%) of the net lot area shall be devoted to green area as defined in the planned environment unit procedure; provided however, that interior patio courts of not less than one hundred twenty-five (125) square feet in area nor of a minimum dimension of less than ten (10) feet may be computed as green area.

Percentage Of Lot Coverage. Same as "R-3" Districts.

Yards Required. Yards of the following minimum depths shall be provided:

Front yard. Thirty-five (35) feet.

Side yards.

Same as "R-3" District, except on corner lots, in which case the provisions of paragraph (b) below shall apply.

Each corner lot shall have a side building line such as will provide a side yard equal to the front yard requirement of the lots on the side street which abut its rear lot line. When the lot adjoining said corner lot along the rear lot line thereof does not front on the side street of the corner lot or is in a non-residential zone, the side building line and the side yard may be reduced to a minimum of twenty (20) feet.

Rear yard. Depth equal to the height of the building, but not less than twenty (20) feet.

Distance Between Buildings On Same Plot. Same as "R-3" District.

Automobile Storage Or Parking Space. Same as "R-3" District.

Section 405.150 "M" Mobile Home District.

[CC 1995 §41.150]

Use Regulations. All buildings and land within an "M" District shall be limited to the following uses:

Mobile homes.

Accessory buildings customarily incidental and subordinate to the use of mobile homes. Buildings housing such facilities as laundromats, nurseries, etc., and only when such facilities are intended for the use of persons residing within the district.

Tornado-proof storm shelter shall be provided for a minimum of three (3) people per space/lot.

Design Standards.

A mobile home district shall be no less than three (3) acres in total area.

Each single-wide mobile home in a mobile home park district shall occupy a designated paved space having at least thirty-five hundred (3,500) square feet of lot area. Each double-wide mobile home space shall not occupy a paved space having less than five thousand (5,000) square feet lot area. Pads will be required.

Each single-wide mobile home space shall have a width of at least forty (40) feet. Each double-wide mobile home space shall have a width of at least fifty (50) feet.

Each mobile home space shall abut a local street within the park. Streets shall be paved in accordance with the street standards of the Village of Airport Drive, Missouri.

Two (2) off-driveway parking spaces paved over on a well compacted subbase shall be provided for each mobile home space. Required parking spaces may be included within the three thousand five hundred (3,500) square feet required for each mobile home space. Double-wide shall have five thousand (5,000) square feet.

At least one thousand five hundred (1,500) square feet of gross recreation space for each mobile home space shall be reserved within each mobile home park as common recreation space for the residents of the park. Such areas shall, along with driveways and walkways, be adequately lighted for safety. At least one thousand (1,000) square feet of the gross one thousand five hundred (1,500) square feet of recreational space for each mobile home shall be suitable for recreational activity.

No mobile homes or other structure within a mobile home park shall be closer to each other than twenty-two (22) feet, except that storage or other auxiliary structures for the exclusive use of the mobile home may be no closer to another mobile home than twenty (20) feet.

No mobile home shall be located closer than thirty (30) feet of the exterior boundary of the park or a bounding street right-of-way. Buildings used for laundry or recreation purposes shall be located no closer than forty (40) feet to the exterior boundary or the right-of-way of a bounding street.

The mobile home park district and all occupied units located in it must be connected to public water and sewerage systems approved by the County and/or State Department of Health.

10.

Plans clearly indicating the developers intention to comply with the provisions of this Section shall be submitted to and approved by the Zoning Commission. Such plans must be drawn to a scale of not less than one (1) inch equals fifty (50) feet by a registered engineer, professional land use planner or registered land surveyor. Such plans must show the area to be used for the proposed mobile home park district; the ownership and use of neighboring properties; all proposed entrances, exits, driveways, walkways and off-street parking spaces; the location of mobile home spaces, recreation areas and service buildings; the location of sanitary conveniences including toilets, laundries and refuse receptacles; the proposed plan of water supply, sewage disposal and electric lighting. The Zoning Commission shall have the authority to impose such reasonable conditions and safeguards on the proposed development as it deems necessary for the protection of adjoining properties and the public interest.

11.

A densely planted buffer strip, consisting of trees, shrubs and other plantings at least five (5) feet in height shall be provided along all rear and side property lines of the park. A five (5) foot solid fence may be substituted.

12.

All corners of each mobile home shall be securely tied down to anchors which extend at least twenty-four (24) inches below the surface of the ground and which meet the specifications of the Village Building Code. Double-wide mobile homes shall be anchored at the center point of the end walls also. Skirting shall also be required.

13.

Any expansion of mobile home parks in existence on the effective date of this Chapter shall comply with the provisions of this Section.

14.

Minimum lot areas. Minimum lot areas for mobile homes shall conform to the following standards:

	Length of Mobile Home Unit	Minimum Lot Area
	Up to 40 feet	3,500 square feet
	40 to 50 feet	3,500 square feet
	50 to 60 feet	3,500 square feet
	Over 60 feet	4,000 square feet

15.

Density standard. The maximum density shall not exceed five (5) units per gross acre, exclusive of recreational areas.

Section 405.160 "C-O" Commercial Office District.

[Ord. No. 02-3 §1(§41.165), 4-25-2002]

This district is intended to provide for the conduct of occupations customarily in an enclosed office setting which occurs during weekday business hours without the outdoor display of any merchandise. Commercial traffic in this district should be minimal, except for traffic generated by individuals having business within the establishment. It is intended that office uses be an integral part of a residential neighborhood and the exterior appearance, size, location, lighting and signage should be compatible with that of the surrounding residential neighborhood.

Uses permitted. Any permitted use in District "R-1" or "R-2".

Office building to be used only for the administrative functions of companies, corporations, social or philanthropic organizations or societies.

Other offices limited to the following:

Accountants

Architects

Financial brokers

Engineers

Lawyers

Real estate

Insurance

Customary accessory uses as provided in Section 405.300.

Commercial activity shall occur only from 8:00 A.M. to 6:00 P.M. Monday through Friday and 9:00 A.M. till Noon on Saturday.

No more than four (4) individuals, including support staff, shall conduct the office activity on the premises.

No merchandise shall be handled or displayed and no equipment, material or vehicles other than motor passenger cars shall be stored outside a building in this district.

Signage. Not more than one (1) non-illuminated nameplate, not more than two (2) feet square in area attached to the main or accessory building.

Building height. No building shall exceed thirty-five (35) feet or two and one-half (2½) stories in height.

10.

Required lot area. Ten thousand (10,000) square feet.

11.

Percentage lot coverage. All building, including accessory buildings, shall not cover more than forty percent (40%) of the lot.

12.

Yard required.

Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard having not less than thirty-five (35) feet in depth.

Side yard. Shall be at least twenty (20) feet.

Rear yard. Depth shall be at least twenty (20) feet.

Parking regulations. One (1) parking space for each owner or employee plus one (1) space for each five hundred (500) square feet of gross floor area. All parking areas shall be improved as required by Section 405.400(H).

13.

Prior to the issuance of any business license for the use of the premises and prior to the alteration of the exterior, the applicant shall present plans for the exterior appearance and configuration of the premises to the Zoning Commission and the Board of Trustees. The plans shall provide for the location of any parking, landscaping, fencing and other features to minimize the adverse affect of the use upon surrounding properties.

Section 405.170 "C-1" Neighborhood Commercial District.

[CC 1995 §41.170]

This commercial district is for the conduct of retail trade and to provide personal services to meet the regular needs and for the convenience of people of adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood closely associated with residential, religious, recreational and educational elements, more restrictive requirements for air, light, open space and off-street parking are made than are provided in other commercial districts.

Uses permitted.

Food retail stores.

Drug stores.

Personal service uses including shoe repair, beauty parlor, barbershop, professional offices and clinics but excluding abortion clinics and massage parlors.

Laundromat and dry cleaning outlets.

Restaurants, lunch rooms and boarding houses.

Accessory retail or service uses that are necessary for convenience of residential districts subject to the review by the Zoning Commission to insure conformity to the intent of the ordinance.

Accessory residential use when owner or operator of commercial use has a dwelling unit contiguous to business establishment.

Building height. No building shall exceed thirty-five (35) feet or two and one-half (2½) stories in height.

Required lot area. Served by a sanitary system, ten thousand (10,000) square feet. Not served by a sanitary system, area must be approved in writing by County Health Officer, which approval shall be filed with the Village Clerk before a building permit shall be issued.

Percentage lot coverage. All buildings, including accessory buildings, shall not cover more than forty percent (40%) of the lot.

Yards required.

Front yard. All buildings shall set back from the street right-of-way line to provide a front yard having not less than thirty-five (35) feet in depth.

Side yard width not required, except at least twenty (20) feet adjacent to residential district.

Rear yard. Depth thirty (30) feet.

Parking regulations. See Supplemental Regulations on Off-Street Parking and Loading, Section 405.400.

Sign regulations. Name plate and sign relating only to the use of the store and premises or to products sold on the premises. Lighted signs of flashing or intermittent type shall be prohibited, provided however, that this shall not prevent the use of animated signs located entirely within the building which can be seen only from the street side of the building.

Loading zone. See Supplemental Regulations on Off-Street Parking and Loading, Section 405.400.

Section 405.180 "C-2" General Commercial District.

[CC 1995 §41.180; Ord. No. 90-6, 6-28-1990; Ord. No. 01-7 §§3 — 4, 12-18-2001; Ord. No. 02-9 §1, 8-22-2002; Ord. No. 01-07 §1, 3-22-2007]

This commercial district is intended for the conduct of personal business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods.

Uses permitted.

All uses permitted in "C-1" Neighborhood Commercial District;

Hardware and household appliance sales and repair stores;

Clothing and accessory goods stores;

Furniture and home furnishings stores;

Gift and book stores;

Jewelry and watch repair stores;

Sporting goods and photo supply stores;

Variety stores;

Financial institutions;

Public recreation and assembly halls, including clubs, lodges, bowling alleys, theaters, billiard or pool parlors;

Hotels, motels and tourist homes;

Newspaper plants and printing shops;

Automobile service stations, provided storage tanks are underground;

Accessory wholesale and services uses necessary to convenience of general public subject to conditions deemed appropriate by Board of Adjustment to insure conformity to the intent of the ordinance; or

Any other store or shop for retail trade or for rendering personal, professional or business service which does not produce more noise, odor, dust, vibration, blast or traffic than those enumerated above, excluding abortion clinics and massage parlors.

Marijuana dispensary facility (subject to the regulations relating to overlay districts - "PD" Planned Development Overlay Districts set forth in Section 405.240 and to Marijuana Facilities set forth in Section 405.440).

[Ord. No. 09-19, 8-22-2019; Ord. No. 08-23, 3-23-2023]

No building shall be erected or enlarged to exceed, excluding basement, thirty-five (35) feet in height.

Area regulations.

Front yard. All building shall be set back from the street right-of-way line to provide a front yard having not less than thirty-five (35) feet in depth.

Side yard. Side yard width shall be at least ten (10) feet, except at least twenty (20) feet is required when adjacent to a residential district.

Rear yard. Rear yard depth shall be thirty (30) feet.

Percentage lot coverage. All buildings, including accessory buildings, shall not cover more than forty percent (40%) of the lot.

Parking requirements. See Supplemental Regulations on Off-Street Parking and Loading, Section 405.400.

Loading zone. See Supplemental Regulations on Off-Street Parking and Loading, Section 405.400.

Uses permitted on review by the Board of Adjustment pursuant to Section 400.120(2), those activities that require outdoor display of goods or items for the purpose of sale or purchase includes, but is not limited to, the following:

Boat sales;

Farm implement and machinery;

House trailer sales;

Metal and wood fencing, ornamental grillwork and decorative wrought iron work and play equipment sales;

Monument sales;

New and used car and truck sales;

Prefabricated house sales;

Trailers for hauling, rental and sales;

Nursery and garden sales;

Car wash;

Amusement enterprises;

Garages;

Drive-in restaurants or theaters;

Bus terminals; or

Convenience store.

The foregoing uses shall comply with the following provisions:

Regulation of the display of outdoor merchandise.

There shall be constructed on or near the property line or next to the developed commercial parcel opaque, ornamental fencing or evergreen planting that will meet with the reasonable approval of the adjacent residential property owners so that such material or commercial use cannot be seen by a person standing on ground level and residential district when located to the side or rear of the lot on which said open storage or display or use occurs; provided however, that screening shall not be required in excess of eight (8) feet in height. Notwithstanding any requirement contained herein, the abutting property owners may agree to modify or waive the screening requirements, such writing to be filed with the Village Clerk. Unless special permission is granted by the Board of Adjustment, such fencing or ornamental screening shall be in place prior to the commencement of construction activities upon the commercial lot. All planting shall be kept neatly trimmed and fencing shall be maintained in good condition at all times and must act as a sight barrier for the benefit of the residential district. All maintenance and trimming shall be performed by the owner of the commercial district.

Merchandise and/or material located outside a building shall be so screened by ornamental fencing, evergreen planting or permanent buildings so that such material cannot be seen from a public street, except such material may be displayed for sale and be viewable from a public street during the normal business hours of such commercial establishment.

The restrictions of this Section may be modified or amended by the Board of Adjustment, whose determination shall be final.

All yards unoccupied with buildings or merchandise or used as traffic ways shall be landscaped with grass and shrubs and maintained in good condition the year round.

All of the lot used for parking of vehicles, for the storage and display of merchandise and all driveways used for vehicle ingress and egress shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use.

All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building.

Driveways used for ingress and egress shall not exceed twenty-five (25) feet in width, exclusive of curb returns.

Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjoining residential areas and adjacent streets or adjoining residential areas and shall not be of a flashing or intermittent type.

Section 405.190 "C-3" Planned Shopping Center District.

[CC 1995 §41.190; Ord. No. 01-7 §5, 12-18-2001; Ord. No. 02-14 §2, 10-24-2002]

General Description. This commercial district is intended for a unified grouping, in one (1) or more buildings, of retail shops and stores that provide for the regular needs and are for the convenience of the people residing in the adjacent residential neighborhoods. It is intended that the planned shopping center be developed as a unit with adequate off-street parking space for customers and employees and with appropriate landscaping and screening materials. The development plan approval process set forth in Subsection (F), shall be utilized to maximize the development potential of the available area and minimize any adverse impact of the planned shopping center on surrounding properties and the community as a whole. In the event the minimum land area, as established by Subsection (C)(1), for the planned shopping center in not available, the tailored development plan process for such sites shall be utilized to also insure interface and integration of the planned shopping center with existing adjacent development and future development on currently undeveloped adjacent parcels of land.

Uses Permitted.

The property and buildings in a "C-3" Planned Shopping Center District shall be used only for the uses enumerated below; provided however, that these uses shall be located in a unified shopping center which shall have not less than five (5) shops and stores, at least one (1) of which shall be a major outlet of not less than ten thousand (10,000) square feet of gross floor area. The shops and stores of the shopping center shall have a combined total gross floor area of not less than twenty thousand (20,000) square feet.

Any of the following uses are permitted as a matter of right:

[Ord. No. 09-19, 8-22-2019; Ord. No. 08-23, 3-23-2023]

	Antique shop
	Appliance store
	Apparel store, family, children, men or women
	Artist supplies
	Bakery goods store
	Bank
	Barbershop
	Beauty shop
	Book or stationery store
	Camera shop
	Candy store
	Catering establishment
	Cleaning and pressing collection station
	Curio shop
	Drug store
	Dry goods store
	Dairy products or ice cream store
	Delicatessen
	Florist shop
	Furniture store
	Gift shop
	Grocery store
	Hardware store
	Help-yourself laundry
	Jewelry store
	Meat market
	Medical facility
	Marijuana dispensary facility (subject to the regulations relating to overlay districts -"PD" Planned Development Overlay Districts set forth in Section 405.240 and to Marijuana Facilities set forth in Section 405.440)
	Music store
	Newspaper or magazine sales
	Notions store
	Office supply store
	Optometrist sales and service
	Paint and decorating shop
	Photographer studio
	Pharmacy
	Radio and television sales and service
	Restaurant
	Sewing machine sales and service
	Sporting goods sales
	Shoe store or repair shop
	Specialty shop for women
	Supermarket
	Tailor shop
	Toy store
	Variety store
	Such other commercial uses as are similar to the uses above.

Office uses; provided however, that the total gross floor area of all office uses, exclusive of those listed in Subsection (B)(2) above shall not exceed twenty percent (20%) of the gross floor area of the shopping center.

Advertising signs relating to the planned shopping center, the stores and shops therein and products sold therein. All advertising signs and structures shall be designed as an integral part of the planned shopping center and shall be harmonious with its other design features.

Area Regulations.

Minimum area. The parcel of land on which a planned shopping center may be developed shall not be less than four (4) acres in area; provided however, a planned shopping center may be constructed in the "C-3" Planned Shopping Center District if the proposed planned shopping center development complies with the tailored development plan standards and the guidelines and review criteria of Subsections (F)(5) and (7), respectively.

Yards. The grouping of the buildings and parking areas shall be designed to protect, insofar as possible, adjacent residential areas. Ornamental screening from noise and light shall be provided where necessary to accomplish this objective; provided however, unless approved as a modification pursuant to Subsection (F)(6), in no case shall the design of the planned shopping center provide less than the following standards:

All buildings shall set back from all street right-of-way lines not less than thirty-five (35) feet.

On the side of a lot adjoining a residential district, there shall be a side yard of not less than thirty-five (35) feet.

There shall be a rear yard, alley, service court or combination thereof of not less than thirty (30) feet in width and all of the service areas of all buildings shall be completely screened from public view with permanent ornamental screening materials.

Coverage. Buildings shall not cover more than twenty percent (20%) of the site on which the planned shopping center is located.

Height Regulations. No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height.

Common Parking Facilities. Off-street parking requirements set forth in Article III of Chapter 405 may be complied with by providing a permanent common off-street parking facility for all of the uses within the planned shopping center. The total number of spaces provided shall not be less than the sum of the individual requirements, unless the development shall be so configured to utilize or provide shared use spaces for uses within the planned shopping center and/or for neighboring developments as approved by the Board of Trustees; provided however, that in no case shall the amount of off-street parking area, including driveways required for ingress and egress and circulation, be less than two and one-half (2½) times the gross floor area of the planned shopping center.

Development Plan.

Development plan — intent. The Village of Airport Drive recognizes that the very nature of land development creates the potential for traffic congestion, overcrowding, adverse visual and environmental impacts and health problems. The Village, nevertheless, also strives to promote quality growth while stabilizing the established residential patterns of the area. The preparation, consideration and approval of a development plan will help insure that:

The intent of the zoning regulations is achieved:

The potential adverse impact upon neighboring property owners is minimized; and

The subject property is developed, given all relevant considerations, in such a manner as to provide its owner with viable and productive use while providing for the general health, safety and welfare of the Village as a whole. When the area to be developed in "C-3" Planned Shopping Center District does not comply with minimum area size requirement of Subsection (C)(1), the tailored development plan standards and guideline and review criteria of Subsections (F)(5) and (7) shall apply. The Village seeks to insure that any location that may be developed with intense urban use shall be subject to development plan review and consideration by the Village Board of Trustees.

Development plan — discretion. In furtherance of these objectives, the Board of Trustees is hereby given discretion to approve, amend, modify or deny development plans based upon the scale and dimensions of surrounding and exiting buildings; the coordination of off-street parking improvements with the neighboring parcels to minimize the use of land for parking; the screening of parking lots from view as seen from the public right-of-way; the potential for integration and interface of the proposed development with adjacent existing and planned development; and the ascetic appearance of the development, both towards the public right-of-way and common parking areas, to minimize adverse impact upon neighboring and surrounding properties as well as the approval criteria of Subsection (F)(7)(c).

Development plan — when required. A development plan shall be submitted with every application for rezoning of a parcel of land to the "C-3" Planned Shopping Center District. With respect to any parcel of land that is already zoned "C-3" Planned Shopping Center District, no building permit shall be issued for construction on the parcel until a development plan has been approved by the Village in accordance with the requirement and procedures of this Subsection. In either instance, the development plan shall comply with the regulations set forth in this Section. In no event shall a building permit be issued for any construction on a parcel in the "C-3" Planned Shopping Center District until a development plan has been approved and all construction must be in substantial conformity with the approved development plan.

Development plan — application contents and submission requirement. A complete development plan shall be submitted to the Board of Trustees simultaneous with the submission of a rezoning application to the "C-3" Planned Shopping Center District, but no later than twenty (20) days before the hearing before the Zoning Commission on the application. The development plan and the items submitted in support shall include the following data, details and supporting plans that are found relevant to the proposal. The number of pages submitted will depend on the proposal size and complexity. The Board of Trustees may waive an application content and submission requirement set forth herein if it determines the information that would be contained in the required submittal would not be relevant to the determination on the application. The applicant, in the submittal, shall make notations explaining the reasons for any omissions. The development plan shall be prepared by a registered professional engineer, architect or land surveyor registered in the State of Missouri at a scale of one (1) inch equals one hundred (100) feet for projects of one thousand two hundred (1,200) square feet or larger. Items required for submission include:

Name of project, address, boundaries, date, north arrow and scale of the plan.

Name and address of the owner of record, the developer and the seal of the engineer, architect or landscape architect.

Name and address of all owners of record of abutting parcels.

All existing lot lines, surveyor pin locations, easements, rights-of-way, including areas in acres or square feet, abutting land uses and buildings.

The location, orientation and use of all existing and proposed buildings within the development, including all dimensions of height and floor area, all exterior entrances and all anticipated future additions and alterations.

The location of all present and proposed public and private ways, parking areas, driveways, points of ingress to and egress from the site, curb cuts on the development within one hundred (100) feet of the development, sidewalks, pedestrian trails and connections, ramps, curbs and fences.

Traffic flow patterns within the development, entrances and exits, loading and unloading areas. The Village Engineer may require a detailed traffic study for developments in heavy traffic areas.

The location, height, intensity and bulb type (e.g., fluorescent, sodium and candescent) of all external lightning fixtures. The direction of illumination and methods to eliminate glare upon adjoining properties must also be shown.

The location, height, size, materials and designs of all proposed signage in conformance with the Village Code.

A landscape plan that shows all existing open space, trees, forest cover, water sources and all proposed changes to these features. In addition, the size, type, location and number of plant materials existing or proposed. All areas to be seeded or sodded shall be noted on the plan. Water sources will include ponds, lakes, brooks, streams, wetlands, floodplains and drainage detention and retention areas.

The location of all present and proposed utility systems.

Plans to prevent the pollution of surface or ground water, erosion of soil (both during and after construction), excessive runoff, excessive raising or lowering of the water table and flooding of other properties as applicable.

Zoning district boundaries adjacent to the site perimeter drawn and identified on the plan.

The location, type and screening details for all waste disposal containers shall also be shown.

Development plan — standards and guidelines — sites meeting the minimum area requirements of Subsection (C)(1).

Buildings within the "C-3" Planned Shopping Center District shall meet the following standards:

(1)

Roof top equipment shall be screened from view from the ground at any point on an adjacent parcel with vertical extensions of the building walls or parapets or other architectural design features. Raised exterior walls or screens should be designed to enclose groups of equipment. Wall materials on the extensions of the building walls or parapets should be compatible with or identical with the predominate opaque material on the exterior of the building.

(2)

Buildings shall be arranged and internal traffic and pedestrian circulation and ingress to and egress from the development shall be designed on the site in such a way as to insure safe motor vehicle movements and encourage a pedestrian friendly environment within the planned shopping center.

(3)

The form and proportion of the buildings shall be consistent or compatible with the scale, form and proportion of existing development within the area.

(4)

The use of unusual shapes, colors and other characteristics that cause new buildings to attract excessive attention to them shall not be allowed.

(5)

Architectural design should create visual interest through the use of different textures, complimentary colors, shadow lines and contrasting shapes.

(6)

Monotony of design in single or multiple building projects should be avoided. Variation of detail, form and siding shall be used to provide visual interest.

(7)

Careful consideration to durable materials, proportions in shapes emphasizing the importance of roofs and entrances and embracing elements of overall design is important.

(8)

Masonry materials, such as face bricks, stucco or stone, shall make up at least forty percent (40%) of the exterior facade of any building. The use of aluminum siding, metal rib panels, extensive mirrored glass surfaces shall be permissible upon approval by the Board of Trustees after recommendation by the Zoning Commission. Evaluation of building material shall be based on the quality of its design in relationship and compatibility to building materials in the immediate neighborhood. Corrugated metal facade should be complimented with abundant use of masonry, whether brick, stone or stucco or split-face block, especially along perimeter streets.

(9)

Architectural treatments, such as building materials, colors, facade design, roof lines and screening, shall be consistent and compatible on all sides. Treatment that is uniform on all sides will be deemed to meet the requirements of this principal. Adjacent land uses, visibility from public streets and use of screening devices are critical to be considered when varying this treatment. The developer will have the burden of demonstrating the reasons for differing treatment on different sides.

(10)

External lighting shall be such that it does not shine directly onto adjacent properties.

(11)

Appropriate landscaping shall be used to complement and enhance the building's design, color and material. The perimeter shall be extensively landscaped, provided that the landscaping shall be designed so that it will not be an obstacle to integration with adjacent development.

Development plan — standards and guidelines — sites not meeting the minimum area requirements of Subsection (C)(1). Buildings within the "C-3" Planned Shopping Center District shall meet the standards of Subsection (F)(5) and in addition buildings shall be arranged and internal traffic and pedestrian circulation and ingress to and egress from the development shall be designed on the site in such a way as to encourage interface with any existing adjacent development and with undeveloped adjacent parcels and in such a manner as to provide the opportunity for adjacent developments to be integrated with the development in the "C-3" Planned Shopping Center District.

Development plan — modification of underlying district regulations.

Any development plan may propose modification to any "C-3" Planned Shopping Center District regulation. Development plans proposing modifications shall be accompanied by a letter outlining the proposed modification(s) and the reason(s) therefore.

The Zoning Commission may recommend approval and the Village Board of Trustees may approve a development plan that modifies one (1) or more of the restrictions or regulations found in this Chapter, including the area requirements of Subsection (C) and the standards and guidelines of Subsection (G). Allowed uses in the underlying zoning district may not, pursuant to this Subsection, be expanded to include uses not otherwise allowed, except that residential uses may be allowed on the second (2nd) or higher story of a structure containing an authorized use(s) on the first (1st) story.

No separate vote on proposed modifications is required by this Subsection. It is the intent of this Subsection that the development plan be evaluated to determine if, as a whole, it is consistent with the review criteria referred to and set forth in this Subsection and the purposes of this Section. Action to approve the development plan shall constitute acceptance of proposed modifications to the district regulations.

Development plan — review, consideration and action.

Development plan applications shall be reviewed, considered and acted upon in accordance with the procedures of Section 400.060.

The development plan shall be acted on by the Zoning Commission and Village Board of Trustees separately from the rezoning application.

In reviewing any development plan, the Zoning Commission and Village Board of Trustees shall give consideration to the following criteria to the extent they are pertinent to the particular development plan. Other factors that are relevant to a particular development plan also may be considered.

(1)

The extent to which the development plan complies with the standards and guidelines of Subsection (D)(5) and all applicable requirements of this Title.

(2)

The compatibility of the proposed development with existing or permitted development on neighboring properties in terms of build height, setbacks and open space, bulk and scale, landscaping, exterior building design features, drainage, access parking and circulation features and other relevant considerations.

(3)

The extent to which the proposed use would substantially harm the value of nearby properties.

(4)

The extent to which the proposed use would adversely affect the capacity or safety of that portion of the street network influenced by the use or present parking problems in the vicinity of the property and to which the location of streets, paths, walkways and driveways are located so as to enhance safety and minimize adverse traffic impact on the surrounding area.

(5)

The extent to which utilities and services, including, but not limited to, sewer, water service, Police and fire protection, are available and adequate to serve the proposed use.

(6)

The gain, if any, to the public health, safety and welfare due to denial of the application as compared to the hardship imposed upon the landowner, if any, as a result of denial of the plan.

(7)

The conformance of the proposed development to design elements specified in the Comprehensive Plan, including site appropriateness, building arrangement and orientation, access, circulation and parking, building elements, service facilities (but not unlimited to, loading and delivery drives and entrances), utilities, mechanical, outdoor storage and trash receptacles, buffers and screens and landscaping and to other adopted planning policies.

(8)

The extent to which the proposed development conforms to the provisions of the Village's subdivision regulations, Sign Code, Building Code, Fire Code, Stormwater Management Code and all other applicable Village codes and ordinances.

(9)

The extent to which the proposed development conforms to customary engineering standards used in the Village.

(10)

The extent to which the proposed development protects the stability of the built environment, particularly residential neighborhoods.

(11)

The extent to which the proposed development protects the relevant watershed from pollution or surface ground water.

(12)

The extent to which the proposed development protects historic or natural environmental features on the subject parcel of land and adjacent areas.

(13)

The recommendation of professional staff.

(14)

With respect to development plans for sites that do not meet the minimum area requirements of Subsection (C)(1) of this Section, the Zoning Commission and Village Board of Trustees shall also give consideration to the following criteria:

(a)

The extent to which the location of streets, paths, walkways and driveways are located so as to enhance safety and minimize adverse traffic impact on the surrounding area and provide opportunities for interface and integration with existing adjacent development and future development on currently undeveloped adjacent parcels of land.

(b)

The extent to which the other aspects of the proposed development, including, but not limited to the orientation of buildings and buffers, screens and landscaping, create opportunities for interface and integration with existing adjacent development and future development on currently undeveloped adjacent parcels of land.

The Village Board of Trustees shall not approve an accompanying rezoning application unless it approves the development plan or approves it with conditions.

The Village Board of Trustees may impose such conditions or restrictions on its approval of a development plan, which must be met before a building permit is issued, as the Village Board of Trustees determines are appropriate to carry out the general purpose and intent of this Section and of this Chapter.

Duration of the development plan. Approval of the development plan shall be valid for one (1) year from the date of its approval. Upon request of the applicant and approval by the Board of Trustees, the duration of approval may be extended for a period of not more than one (1) additional year. Provided additionally, that the period of validity of a development plan shall extend for one (1) year after the date of completion of a phase of work identified as a separate phase on an approved development plan. If the shopping center is not under construction within one (1) year after the effective date of rezoning or a plan is approved, the Board of Trustees may, after notice and hearing by the Zoning Commission in accordance with the procedures of Chapter 400, revoke the development plan and/or rezone the property to a zoning classification consistent with the Comprehensive Plan.

Deviations from approved development plan. Any construction that deviates from the approved development plan shall constitute a violation of the building permit authorizing construction of the planned shopping center.

10.

Revised development plans. Once a development plan has been approved, changes in the development plan may be made only after approval of a revised development plan.

When an application for a revised development plan is filed, the Administrative Official shall determine whether the revised development plan involves substantial changes or minor changes and shall notify the applicant within seven (7) working days of the nature of the requested changes and of the procedure that applies to consideration of the application for a revised development plan. The determination of the Administrative Official may be appealed to the Board of Trustees whose decision shall be final.

Substantial changes to the approved development plan, as defined in this Section, may be approved only by the Board of Trustees in accordance with the procedure for original approval of the development plan application set forth herein.

Minor changes, as defined in this Section, to the approved development plan may be approved administratively by the Board of Trustees.

No more than two (2) revised development plans may be approved that involve minor changes, as defined in this Subsection. Any further revisions to the developments plan may only be approved in accordance with the procedure for original approval of development plans set forth in this Section.

(1)

For purposes of this Section, "substantial changes" to the approved development plan application shall mean any change in the development plan which violates any design standard of the approved development, as provided in Subsection (F)(5) has been approved by the Board of Trustees, for example, substitution of otherwise compliant building materials.

For purposes of this Section, "minor changes" to the approved development plan shall mean, any change that is not a substantial change as defined in Subsection (F)(10)(e); for example, substitution of otherwise compliant building materials.

In determining whether to approve an application for a revised development plan, the decision maker shall apply the review criteria set forth in Subsection (F)(7)(c). In the event that the application for the revised development plan is denied, the previously approved development plan will remain in effect.

11.

Deposit. To defray the cost to the Village in reviewing development plans, the developer shall deposit with the Village the sum of one thousand dollars ($1,000.00) to be utilized to reimburse the Village its actual out-of-pocket expenses, including professional fees, incurred due to the review of the developer's plan. During the approval process, the Village may require the developer to replenish the deposit. At the conclusion of the plan review process, the remaining deposit shall be returned to the applicant.

Section 405.200 "C-4" Compact Planned Shopping Center District.

[Ord. No. 18-07 §§1 — 2(§41.195), 12-20-2007]

General Description. This commercial district is intended for a unified grouping, in one (1) or more buildings, of retail shops and stores that provide for the regular needs and are for the convenience of the people residing in the adjacent residential neighborhoods on tracts of land less than four (4) acres. It is intended that the planned shopping center be developed as unit with adequate off-street parking space for customers and employees and with appropriate landscaping and screening materials. The development plan approval process set forth in Subsection (F) shall be utilized to maximize the development potential of the available area and minimize any adverse impact of the planned shopping center on surrounding properties and the community as a whole. The tailored development plan process for such sites shall be utilized to insure interface and integration of the planned shopping center with adjacent development and future development on currently undeveloped adjacent parcels of land.

Uses Permitted.

The property and buildings in a "C-4" Compact Planned Shopping Center District shall, unless otherwise specifically provided, be used only for the uses enumerated below; provided however, that these uses shall be located in a unified shopping center. The shops and stores of the planned shopping center shall have a combined gross floor area of not less than ten thousand (10,000) square feet. If the planned shopping center has a gross floor area of between ten thousand (10,000) and twenty thousand (20,000) square feet, then at least one (1) of the stores shall be of not less than twenty-five percent (25%) of the gross floor area. If the planned shopping center has a combined gross floor area of greater than twenty thousand (20,000) or more, then at least one (1) of the stores shall be of not less than five thousand (5,000) square feet of gross floor area. All stores or shops in the shopping center shall be of at least one thousand five hundred (1,500) gross square feet.

Any of the uses allowed by Section 405.190(B) and to allow the use of rental service businesses upon review by the Zoning Commission and approval by the Board of Trustees.

[Ord. No. 12-20, 6-25-2020]

Office uses; provided however, that the total gross floor area of all office uses, exclusive of those listed in Subsection (B)(2) above, shall not exceed twenty percent (20%) of the gross floor area of the planned shopping center.

Advertising signs relating to the shopping center, the stores and shops therein and products sold therein. All advertising signs and structures shall be designed as an integral part of the planned shopping center and shall be harmonious with its other design features.

Area Regulations.

Minimum area. The parcel of land on which a compact planned shopping center may be developed shall comply with the tailored development plan standards and the guidelines and review criteria of Subsection (F).

Yards. The grouping of the buildings and parking areas shall be designed to protect, insofar as possible, adjacent residential areas. Ornamental screening from noise and light shall be provided where necessary to accomplish this objective; provided however, unless approved as a modification pursuant to Subsection (F)(6) in no case shall the design of the planned shopping center provide less than the following standards:

All buildings shall set back from all street right-of-way lines not less than thirty-five (35) feet.

On the side of a lot adjoining a residential district, there shall be a side yard of not less than thirty-five (35) feet.

Coverage. Buildings shall not cover more than twenty percent (20%) of the site on which the planned shopping center is located.

Height Regulations. No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height.

Common Parking Facilities. Off-street parking requirements set forth in Article III may be complied with by providing a permanent common off-street parking facility for all of the uses within the planned shopping center. The total number of spaces provided shall not be less than the sum of the individual requirements, unless the development shall be so configured to utilize or provide shared use spaces for uses within the planned shopping center and/or for neighboring developments as approved by the Board of Trustees; provided however, that in no case shall the amount of off-street parking area, including driveways required for ingress and egress and circulation, be less than two and one-half (2½) times the gross floor area of the planned shopping center.

Development Plan.

Intent. The Village of Airport Drive recognizes that the very nature of land development creates the potential for traffic congestion, overcrowding, adverse visual and environmental impacts and health problems. The Village, nevertheless, also strives to promote quality growth while stabilizing the established residential patterns of the area. The preparation, consideration and approval of a development plan will help insure that:

The intent of the zoning regulations is achieved:

The potential adverse impact upon neighboring property owners is minimized; and

The subject property is developed, given all relevant considerations to, in such a manner as to provide its owner with viable and productive use, while providing for the general health, safety and welfare of the Village as a whole. The tailored development plan standards and guidelines and review criteria of Subsections (F)(5) and (7) shall apply. The Village seeks to insure that any location that may be developed with intense urban use shall be subject to development plan review and consideration by the Village Board of Trustees.

Discretion. In furtherance of these objectives, the Board of Trustees is hereby given discretion to approve, amend, modify or deny development plans based upon the scale and dimensions of surrounding and exiting buildings; the coordination of off-street parking improvements with the neighboring parcels to minimize the use of land for parking; the screening of parking lots from view as seen from the public right-of-way; the potential for integration and interface of the proposed development with adjacent existing and planned development; and the ascetic appearance of the development, both towards the public right-of-way and common parking areas, to minimize adverse impact upon neighboring and surrounding properties, as well as the approval criteria of Subsection (F)(7)(c).

When required. A development plan shall be submitted with every application for rezoning of a parcel of land to the "C-4" Compact Planned Shopping Center District. With respect to any parcel of land that is already zoned "C-4" Compact Planned Shopping Center District, no building permit shall be issued for construction on the parcel until a development plan has been approved by the Village in accordance with the requirement and procedures of this Subsection. In no event shall a building permit be issued for any construction on a parcel in the "C-4" Planned Shopping Center District until a development plan has been approved and all construction must be in substantial conformity with the approved development plan.

Application contents and submission requirement. A complete development plan shall be submitted to the Board of Trustees simultaneous with the submission of a rezoning application to the "C-4" Compact Planned Shopping Center District, but no later than twenty (20) days before the hearing before the Zoning Commission on the application. The development plan and the items submitted in support shall include the following data, details and supporting plans that are found relevant to the proposal. The number of pages submitted will depend of the proposal size and complexity. The Board of Trustees may waive an application's content and submission requirement set forth herein if it determines the information that would be contained in the required submittal would not be relevant to the determination on the application. The applicant, in the submittal, shall make notations explaining the reasons for any omissions. The development plan shall be prepared by a registered professional engineer, architect or land surveyor registered in the State of Missouri at a scale of one (1) inch equals one hundred (100) feet for projects of one thousand two hundred (1,200) square feet or larger. Items required for submission include:

Name of project, address, boundaries, date, north arrow and scale of the plan.

Name and address of the owner of record, the developer and the seal of the engineer, architect or landscape architect.

Name and address of all owners of record of abutting parcels.

All existing lot lines, surveyor pin locations, easements and rights-of-way, including areas in acres or square feet, abutting land uses and structures.

The location, orientation and use of all existing and proposed structures within the development, including all dimensions of height and floor area, all exterior entrances and all anticipated future additions and alterations.

The location of all present and proposed public and private ways, parking areas; driveways, points of ingress to and egress from the site, curb cuts on the development within one hundred (100) feet of the development, sidewalks, pedestrian trails and connections, ramps, curbs and fences.

Traffic flow patterns within the development, entrances and exits, loading and unloading areas. The Village Engineer may require a detailed traffic study for developments in heavy traffic areas.

The location, height, size, materials and designs of all proposed signage in conformance with the Village Code.

The location of all present and proposed utility systems.

Plans to prevent the pollution of surface or ground water, erosion of soil, both during and after construction, excessive runoff, excessive raising or lowering of the water table and flooding of other properties as applicable.

Zoning district boundaries adjacent to the site perimeter drawn and identified on the plan.

The location, type and screening details for all waste disposal containers shall also be shown.

Standards and guidelines. Buildings within the "C-4" Compact Planned Shopping Center District shall meet the following standards:

Buildings shall be arranged and internal traffic and pedestrian circulation and ingress and egress from the development shall be designed on the site in such a way as to insure safe motor vehicle movements and encourage a pedestrian friendly environment within the planned shopping district.

The form and proportion of the buildings shall be consistent or compatible with the scale, form and proportion of existing development within the area.

The use of unusual shapes, colors and other characteristics that cause new buildings to attract excessive attention to them shall not be allowed.

Architectural design should create visual interest through the use of different textures, complimentary colors, shadow lines and contrasting shapes.

Monotony of design in single or multiple building projects should be avoided. Variation of detail, form and siding shall be used to provide visual interest.

Careful consideration and durable materials, proportions in shapes emphasizing the importance of roofs and entracal and embracing elements of overall design is important.

Masonry materials, such as face bricks, stucco or stone, shall make up at least forty percent (40%) of the exterior of any building. The use of aluminum siding, metal rib panels, extensive mirrored glass surfaces shall be permissible upon approval by the Board of Trustees after recommendation by the Zoning Commission. Evaluation of building material shall be based on the quality of its design in relationship and compatibility to building materials in the immediate neighborhood. Corrugated metal facade should be complimented with abundant use of masonry, whether brick, stone or stucco or split-face block, especially along perimeter streets.

Architectural treatments, such as building materials, colors, facade design, roof lines and screening, shall be consistent and compatible on all sides. Treatment that is uniform on all sides will be deemed to meet the requirements of this principle. Adjacent land uses, visibility from public streets and use of screening devices are critical to be considered when varying this treatment. The developer will have the burden of demonstrating the reasons for differing treatment on different sides.

External lighting shall be such that it does not sign directly onto adjacent properties.

Buildings within the "C-4" Compact Planned Shopping Center District shall meet the standards of Subsection (F)(5) and, in addition, buildings shall be arranged and internal traffic and pedestrian circulation and ingress to and egress from the development shall be designed on the site in such a way as to encourage interface with any existing adjacent development and with undeveloped adjacent parcels and in such a manner as to provide the opportunity for adjacent developments to be integrated with the development in the "C-4" Compact Planned Shopping Center District.

Modification of underlying district regulations.

Any development plan may propose modification to any "C-4" Compact Planned Shopping Center District regulation. Development plans proposing modifications shall be accompanied by a letter outlining the proposed modification(s) and the reason(s) therefore.

No separate vote on proposed modifications is required by this Subsection. It is the intent of this Subsection that the development plan be evaluated to determine if, as a whole, it is consistent with the review criteria referred to and set forth in this Subsection and the purposes of the Section. Action to approve the development plan shall constitute acceptance of proposed modifications to the district regulations.

Review, consideration and action.

Development plan applications shall be reviewed, considered and acted upon in accordance with the procedures of Section 400.060.

The development plan shall be acted upon by the Zoning Commission and Village Board of Trustees separately from the rezoning application.

(1)

The extent to which the development plan complies with the standards and guidelines of Subsection (F)(5) and all applicable requirements of this Title.

(2)

The compatibility of the proposed development with existing or permitted development on neighboring properties in terms of build height, setbacks and open space, bulk and scale, landscaping, exterior building design features, drainage, access, parking and circulation features and other relevant considerations.

(3)

The extent to which the proposed use would substantially harm the value of nearby properties.

(4)

The extent to which the proposed use would adversely affect the capacity or safety of that portion of the street network influenced by the use or present parking problems in the vicinity of the property and to which the location of streets, paths, walkways and driveways are located so as to enhance safety, minimize adverse traffic impact on the surrounding area.

(5)

The extent to which utilities and services, including, but not limited to, sewer, water service, Police and fire protection, are available and adequate to serve the proposed use.

(6)

The gain, if any, to the public health, safety and welfare due to denial of the application as compared to the hardship imposed upon the landowner, if any, as a result of denial of the plan.

(7)

The conformance of the proposed development to design elements specified in the Comprehensive Plan, including site appropriateness, building arrangement and orientation, access, circulation and parking, building elements, service facilities (but not unlimited to loading and delivery drives and entrances), utilities, mechanical, outdoor storage and trash receptacles, buffers and screens and landscaping and to other adopted planning policies.

(8)

The extent to which the proposal conforms to the provisions of the Village's subdivision regulations, Sign Code, Building Code, Fire Code, Stormwater Management Code and all other applicable Village codes and ordinances.

(9)

The extent to which the proposed development conforms to customary engineering standards used in the Village.

(10)

The extent to which the proposed development protects the stability of the built environment, particularly residential neighborhoods.

(11)

The extent to which the proposed development protects the relevant watershed from pollution or surface ground water.

(12)

The extent to which the proposed development protects historic or natural environmental features on the subject parcel of land and adjacent areas.

(13)

The recommendation of professional staff.

10.

Revised development plans. Once a development plan has been approved, changes in the development plan may be made only after approval of a revised development plan.

Minor changes, as defined in this Section, to the approved development plan may be approved administratively by the Board of Trustees.

No more than two (2) revised development plans may be approved that involve minor changes, as defined in this Subsection. Any further revisions to the development plan may only be approved in accordance with the procedure for original approval of development plans set forth in this Section.

(1)

For purposes of this Section, "minor changes" to the approved development plan shall mean any change that is not a substantial change as defined in Subsection (F)(10)(e) for example, substitution of otherwise compliant building materials.

In determining whether to approve an application for a revised development plan, the decision maker shall apply the review criteria set forth in Subsection (F)(7)(c) In the event that the application for the revised development plan is denied, the previously approved development plan will remain in effect.

11.

Retroactive Effect. The provisions of this Chapter shall apply to all properties previously zoned "C-3" Planned Shopping Center, which do not meet the minimum area requirements of Section 405.190(C) to the extent that the regulations contained in this Section would allow development not otherwise allowed in areas previously zoned "C-3" Planned Shopping Center District.

Section 405.210 "I-1" Restricted Light Industrial District.

[CC 1995 §41.200; Ord. No. 02-9 §2, 8-22-2002]

General Description. This industrial district is intended primarily for production and assembly plants that are conducted so the noise, odor, dust and glare of such operation is completely confined within an enclosed building. These industries may require direct access to rail, air or street transportation routes; however, the size and volume of the raw materials and finished products involved should not produce the volume of freight generated by the uses of the heavy industrial district. Buildings in this district should be architecturally attractive and surrounded by landscaped yards.

Uses Prohibited. Those uses are prohibited which may be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, noise, glare or disposal of waste material as determined by the Zoning Commission.

Uses Permitted.

Assembly of electrical and mechanical appliances, instruments, devices and the like.

Vehicle finishing, repair and the like.

Building material production, storage and sales uses.

Food distribution and storage plants.

Construction and agricultural equipment distribution, storage and sales uses.

Transportation, storage and trucking yards.

Agricultural feed and grain storage and sales.

Laundry, cleaning and dyeing works.

Sheet metal, plumbing and blacksmith shops.

10.

Wholesale business, storage warehouses and the like.

11.

Other uses of the same general character as those listed above which conform to restrictions deemed appropriate by the Zoning Commission.

12.

Within the restricted light industrial district, no building, structure or premises shall be used and no building or structure shall be erected or altered until and unless the following conditions have been complied with. There shall have been filed with the Zoning Commission a written application for approval of a contemplated use within said district, which application shall be accompanied with the following information:

A plot plan indicating the location of present and proposed buildings, driveways, parking lots and other necessary uses.

Preliminary architectural plans for the proposed building or buildings.

An estimate of the maximum number of employees contemplated for the proposed development and the number of shifts during which they would work.

Any other information the Zoning Commission may need to adequately consider the effect that the proposed uses may have upon their environment and on the cost of providing municipal services to the area. All sewage disposal systems must be approved by the County Health Officer before a building permit is issued.

13.

Commercial storage facilities.

14.

Marijuana testing facility (subject to the performance standards set forth in Section 405.440).

[Ord. No. 09-19, 8-22-2019; Ord. No. 08-23, 3-23-2023]

15.

Marijuana dispensary facility (subject to the performance standards set forth in Section 405.440).

[Ord. No. 09-19, 8-22-2019; Ord. No. 08-23, 3-23-2023]

16.

Marijuana-infused products manufacturing facility (subject to performance standards set forth in Section 405.440).

[Ord. No. 09-19, 8-22-2019; Ord. No. 08-23, 3-23-2023]

17.

Marijuana cultivation facility entirely within an enclosed building (subject to performance standards set forth in Section 405.440).

[Ord. No. 09-19, 8-22-2019; Ord. No. 08-23, 3-23-2023]

Area Requirements.

Individual building sites shall be of such size that the development will have a park-like setting, all space requirements provided in this Chapter are satisfied and building coverage will not exceed thirty percent (30%) of the area of the site.

Front yards. All buildings shall be set back from the street right-of-way line to provide a front yard having not less than thirty-five (35) feet in depth.

Side yards. No building shall be located closer than twenty-five (25) feet to a side lot line, except when adjacent to a residential district, a forty (40) foot side yard width is required.

Rear yards. No building shall be located closer than thirty (30) feet to the rear lot line.

Coverage. Building coverage shall not exceed thirty percent (30%) of the area of the lot.

Height Regulations. No building shall exceed forty (40) feet in height.

Off-Street Parking And Loading Facilities. Dustproofed and properly drained off-street parking and loading facilities shall be provided in amount sufficient to meet the needs of all persons associated with the development, either as employees, customers, suppliers or visitors, and shall not cover more than forty percent (40%) of the lot. (See Supplemental Regulations on Off-Street Parking and Loading located in Article III.)

Storage Of Materials And Equipment. When abutting residential districts, all materials and equipment used in connection with the use shall be enclosed within a building or structural screen.

Section 405.220 "I-2" Light Industrial Districts.

[CC 1995 §41.210]

General Description. This industrial district is intended primarily for the conduct of light manufacturing, assembling and fabrication and for warehousing, wholesale and service uses. These do not depend primarily on frequent personal visits of customers or clients, but may require good accessibility to major rail, air or street transportation routes.

Uses Prohibited. Those uses are prohibited which may be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, glare, noise or disposal of waste materials.

Uses Permitted. Property and building in the "I-1" District are permitted in the "I-2" District except to allow a marijuana cultivation facility, even if not entirely within an enclosed building.

[Ord. No. 09-19, 8-22-2019; Ord. No. 08-23, 3-23-2023]

Other uses permitted.

Building materials sales yard and lumberyard, including the sale of rock, sand, gravel and the like as an incidental part of the main business, but not including, a concrete batch plant or transit mix plant.

Contractor's equipment storage yard or plant or rental equipment commonly used by contractors.

Freighting or trucking yard or terminal.

Oil field equipment storage yard.

Public utility service yard or electrical receiving or transforming station.

Sale barn (excluding livestock and poultry).

No article or material permitted in this district shall be kept, stored or displayed outside the confines of a building unless it be so screened by fences, walls or planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on ground level.

The following uses when conducted within a completely enclosed building:

The manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries and food products.

The manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stone, shell, textiles, tobacco, wood, yard and paint not employing a boiling process.

The manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas.

The manufacture and maintenance of electric and neon signs, commercial advertising structures, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves and the like.

Manufacture of musical instruments, toys, novelties and rubber and metal stamps.

Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and overhauling, tire retreading or recapping and battery manufacturing.

Blacksmith shop and machine shop, excluding punch presses over twenty (20) tons rated capacity, drop hammers and automatic screw machines.

Foundry casting lightweight non-ferrous metal not causing noxious fumes or odors.

Assembly of electrical appliances, electronic instruments and devices, radios and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers, crystal holders and the like.

Wholesale storage or manufacture of alcoholic beverages.

Buildings, structures and uses accessory and customarily incidental to any of the above uses.

The uses permitted under this Chapter shall be conducted in such a manner that no noxious odor, fumes or dust will be emitted beyond the property line of the lot on which the use is located.

All uses within this district shall upon written application to be filed with the Zoning Commission for approval of a contemplated use within said district, said application shall be accompanied by the following information:

A plot plan indicating the location of present and proposed buildings, driveways, parking lots and other necessary uses.

Preliminary architectural plans for the proposed building or buildings.

An estimate of the maximum number of employees for the proposed development and the number of shifts which they would work.

Area Requirements. Side, front and rear yards shall be three (3) feet except where fire-retardant materials are used. Rear yard thirty (30) feet or adequate space for service.

Height Regulations. Forty (40) feet.

Off-Street Parking And Loading Facilities. See Supplemental Regulations on Off-Street Parking and Loading.

Storage Of Materials And Equipment. Same as Restricted Light Industrial District.

Section 405.230 "I-3" Heavy Industrial Districts.

[CC 1995 §41.220; Ord. No. 90-6, 6-28-1990; Ord. No. 02-9 §4, 8-22-2002]

General Description. This industrial district is intended to provide for heavy industrial uses not otherwise provided for in the districts established by this Chapter. The intensity of uses permitted in this district makes it desirable that they be located downwind and separated from residential and commercial uses whenever possible.

Uses Permitted. A building or premises may be used for any purpose not otherwise prohibited by law except that no residences, motels or other places of habitation involving permanent structure are permitted nor shall any schools, churches or hospitals be permitted; provided however, that no building or occupancy permits will be issued for any of the following uses until and unless the location of such use shall have been approved by the Zoning Commission:

Acid manufacture.

Cement, lime, gypsum or plaster of Paris manufacture.

Explosives, manufacture or wholesale storage.

Gas manufacture.

Petroleum or its products, refining of.

Wholesale or bulk storage of gasoline, propane or other petroleum products.

All uses permitted in "I-1" and "I-2" districts.

Uses Permitted On Review By The Board Of Adjustment Pursuant To Section 400.120(2).

Automobile salvage or junk yard.

Building materials salvage yard.

Junk or salvage yard of any kind.

Property and buildings in the "I-3" District, when used for the above purposes, shall have the uses thereon conducted in such a manner that fences, walls and/or permanent evergreen plantings screen the uses so that such uses cannot be seen from a public street.

Area Regulations.

Front and side yards. Same as "I-2" District.

Rear yard. When a building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard of not less than thirty (30) feet in width to provide for maneuver of service vehicles.

Height Regulations. Same as "I-2" District.

Section 405.240 Overlay District — "PD" Planned Development Overlay Districts.

[CC 1995 §41.230; Ord. No. 09-04 §1, 5-27-2004]

Intent And Purpose Of The District. The purpose of a "PD" Overlay District is to provide for elements of flexibility in design, placement, arrangement, bulk and other considerations involved in the applicable overlay district; to provide a framework within which the structures and uses in the overlay district may be interrelated with adjacent development and areas; and to maintain the desired overall intensity of land use, desired population densities and desired areas of open space. The use of overlay district procedures is intended to encourage large-scale development, efficient development of small tracts, innovative and imaginative site planning and conservation of resources. The Board of Trustees, after hearing before the Zoning Commission, may determine or condition its approval of a development plan upon reasonable restrictions for the good health, safety and welfare of the Village.

Use Of The Planned Overlay District.

Planned developments are groupings of structures or sites that are planned as an integrated unit or cluster on property under unified control at the time of zoning. The sale, subdivision or other partition of the site after zoning approval does not exempt the project or portions thereof from complying with the development standards and other conditions that were committed to at the time of the rezoning. The Planned Development District must always be used in conjunction with one (1) of the other zoning districts known as the "underlying district". The requirements of the "PD" District shall be in addition to the requirements of the underlying district, except that the "PD" District may modify some of the regulations of the underlying district in specific situations. A "PD" District may be used in conjunction with any of the other zoning districts or with any combination of districts.

An application of rezoning to the "PD" District shall include a preliminary development plan and may include a concurrent request to change the underlying zoning classification. If the rezoning is approved, the new district shall include the designation of the underlying district followed by "PD". For example, a Planned Development District of a "C-2" District shall be known as "C-2-PD"

Approval of the rezoning based on the preliminary development plan shall allow the applicant to submit a final development plan for approval. No structure or occupancy permit shall be issued until a final development plan has been approved. The use of the "PD" District shall be separate from the subdivision regulations of the Village and the development plans required by the "PD" District shall not be construed as plats. It is recommended that the subdivision process follow the rezoning/preliminary plan approval, but precede the approval of the final development plan. Resubdivision may be a prerequisite to approval of the final development plan.

Permitted Uses. Any use permitted in the underlying zone may be permitted. The uses permitted may be voluntarily restricted by the applicant or restricted as a condition of approval by the Board of Trustees.

Use Regulations.

The proposed development shall provide access to the major street system in such a way that the traffic generated by the development will not cause an unreasonably hazardous condition or inconvenience in the area.

Structures and traffic shall be arranged so that all principal structures are accessible to emergency vehicles.

Parking shall be provided in a manner which reduces to a minimum its adverse physical impact in the area. Screening parking areas with landscaping or walls, breaking parking areas into smaller units by introducing landscaped areas or other physical separators are suggested approaches. The parking areas should be appropriately spaced to serve those units they represent.

The availability of services and location of public utilities shall have the approval of each agency involved. Evidence to this effect shall be presented with the preliminary development plans.

Approval of the final development plan may be conditioned by the Zoning Commission or Board of Trustees to minimize any negative impact on the community.

Application For Rezoning. A petition to change to a "PD" Planned District shall be filed with the Village Clerk, along with the filing fee as set forth by separate ordinance. A preliminary development plan shall be attached and shall include the elements set forth in these regulations. The process for approval shall be the same as for any rezoning as provided by these regulations.

Approval Procedure. The approval by the Board of Trustees of the preliminary development plan and the concurrent rezoning to the "PD" District shall be preceded by the publication and mailing of notice, a public hearing and a recommendation by the Zoning Commission. If the Board of Trustees disagrees with the recommendation, the application shall be returned to the Zoning Commission for reconsideration. Approval of the preliminary development plan shall be valid for two (2) years from the date of its approval. The filing and approval of a final development plan for any phase of the area contained in the preliminary plan shall extend the period of validity an additional two (2) years. Once approved, the zoning classification can only be changed through rezoning and cannot be changed by expiration of the preliminary development plan.

Preliminary Development Plan. The preliminary development plan shall be prepared at a scale dimension of not more than one (1) inch equals one hundred (100) feet and shall include:

Boundaries of the project with dimensions to scale;

Topographic contour intervals of two (2) feet;

Proposed size, height, location and arrangement of structures, parking areas with proposed arrangement of stalls and number of cars, entrance and exit driveways and their relationship to existing and/or proposed streets;

Preliminary drainage plan in sufficient detail to show direction of flow, stormwater detention facilities, if needed, and major drainage structures;

General landscape plan to include location and height of all walls, fences, signs and screen plantings;

Note provision for dedication of new or additional rights-of-way, if needed; such to be dedicated to the Village prior to approval of a final development plan;

Phases of final development;

Name and address of owner, applicant and architectural or engineering firm which prepared the plan;

Seal of engineer or architect licensed in the State of Missouri developing the plan, scale, north point and date of plan;

10.

A description of any limitations to be placed on the range of permitted uses, the hours of operation, the structure materials to be used or other similar factors; and

11.

Ten (10) copies shall be submitted.

Final Development Plan. The final development plan shall be prepared in the same manner and include the same type of information as the preliminary development plan (updated to show final sizes, dimensions and arrangement) with the following additions:

Contour lines shall show finished grading only;

The landscaping plan shall show the size and type of each tree, shrub and ground cover; and

Drawings showing the size, appearance and method of illumination for each sign.

The final development plan shall substantially conform to the approved preliminary plan; shall be in final form for the issuance of a building permit; shall have been previously reviewed by the Village Clerk; and shall include a construction schedule. A final approval of the Board of Trustees shall authorize construction to begin according to the construction schedule providing all appropriate permits have been received. Construction of at least the first (1st) stage of development shall begin within three (3) years from the date the ordinance of the zoning change was published in the newspaper. If construction does not begin within this period and no effort is made for an extension of time by the owner, the final development plan shall be voided.

Building Permits. On final approval by the Board of Trustees, the owner shall provide five (5) copies of the approved final development plan to the Village Clerk. The Village Clerk shall issue building permits only in accordance with the approved final development plan.

Amendments. If any substantial variation or rearrangement of structures, parking area and drives, entrances, heights or open spaces is requested by the applicant, the applicant shall proceed by following the same procedure previously followed and outlined in the preliminary development plan.

Open Space. The Board of Trustees may require the provision of open space to buffer dissimilar uses, to protect environmentally sensitive areas or to counterbalance any reduction in lot area, yard size or bulk limitations.

Open space requirements. If the Board of Trustees requires open space, the Village and the applicant shall enter into an agreement providing for the maintenance of the open space. Such agreement shall include provision for default, cure by the Village and enforcement.

Disposition of open space. The applicant shall not be dissolved or permitted to otherwise dispose of any open space by sale or otherwise without first offering to dedicate the same to the Village.

The development plan process shall be required prior to any rezoning or issuance of a building permit for other than a one-family dwelling.

Time Limit. A site plan approval for a "PD" District shall expire automatically unless a building permit is taken within twelve (12) months after the approved date for commencement to such site plan.

Section 405.250 through Section 405.280. (Reserved)