[CC 1995 §41.100; Ord. No. 90-6, 6-28-1990]
A. The
following uses shall apply in all "A-1" Agricultural Districts:
1. 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.
2. 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.
3. 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.
a. Churches or similar places of worship with accessory structures.
b. Public schools and institutions of higher learning.
c. Public parks, public playgrounds and recreational area operated by
membership organizations for the benefit of their members and not
for gain.
d. 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.
e. A cemetery, airport, camp, hospital, sanitarium, correctional institution
or institution for the insane.
[CC 1995 §41.110; Ord. No. 92, 1992]
A. Uses Permitted.
1. One-family dwellings, but not including trailers or mobile homes.
2. Public schools and institutions of higher education, public libraries,
municipal buildings.
3. Public parks, public playgrounds.
4. Philanthropic or eleemosynary institutions other than camp, hospital,
sanitarium, correctional institution or institutions for the insane.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
B. Building Height. No building shall be erected or enlarged
to exceed two and one-half (2½) stories, excluding basement,
or thirty-five (35) feet.
C. 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]
1. 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.
2. 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.
3. All other uses. Area and system as approved by the
County Health Officer and Board of Adjustment.
D. 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.
E. 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]
1. Front yard depth twenty-five (25) feet. A fifteen (15) foot side
yard width on a corner lot may be permitted.
2. Each side yard width not on a corner lot to be a minimum of eight
(8) foot of lot width.
3. Rear yard including corner to be a depth of twenty-five (25) feet.
F. Parking Regulations. See Supplemental Regulations on Off-Street Parking and Loading, Section
405.400.
[CC 1995 §§41.130, 41.390 — 41.391]
A. Uses Permitted.
1. All uses permitted in "R-2" Districts, subject to all of the restrictions
specified therefor.
2. Multiple-family dwelling, apartment house.
3. Boarding and lodging house.
4. Institution of an educational, philanthropic or eleemosynary nature.
B. Uses Permitted On Review By The Board Of Adjustment.
1. 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:
a. 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.
b. 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.
c. The day care/child care center shall meet Village-County Health Department
requirements as to safety, design, facilities and equipment and other
features.
d. 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.
e. The center shall be operated in a manner that will not adversely
effect other properties and uses in the area.
f. 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.
2. Nursing home or home for the aged.
3. Multiple-family storage facilities.
C. Building Height. Three (3) stories but not exceeding forty
(40) feet.
D. 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.
E. Percentage Of Lot Coverage. All buildings, including accessory
buildings, shall not cover more than forty percent (40%) of the area
of the lot.
F. Yard Required. Yards of the following minimum depths shall
be provided:
1. Front yard. Thirty-five (35) feet.
2. Side yards. Each one-third (1/3) the height of the
building, but not less than twelve (12) feet.
3. Rear yards. Depth equal to the height of the building,
but not less than twenty (20) feet.
G. 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.
H. 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.
[Ord. No. 02-3 §1(§41.165), 4-25-2002]
A. 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.
1. Uses permitted. Any permitted use in District "R-1"
or "R-2".
2. Office building to be used only for the administrative functions
of companies, corporations, social or philanthropic organizations
or societies.
3. Other offices limited to the following:
4. Customary accessory uses as provided in Section
405.300.
5. 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.
6. No more than four (4) individuals, including support staff, shall
conduct the office activity on the premises.
7. 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.
8. 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.
9. 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.
a. 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.
b. Side yard. Shall be at least twenty (20) feet.
c. Rear yard. Depth shall be at least twenty (20) feet.
d. 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.
[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]
A. 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.
1. Uses permitted.
a. All uses permitted in "C-1" Neighborhood Commercial District;
b. Hardware and household appliance sales and repair stores;
c. Clothing and accessory goods stores;
d. Furniture and home furnishings stores;
f. Jewelry and watch repair stores;
g. Sporting goods and photo supply stores;
j. Public recreation and assembly halls, including clubs, lodges, bowling
alleys, theaters, billiard or pool parlors;
k. Hotels, motels and tourist homes;
l. Newspaper plants and printing shops;
m. Automobile service stations, provided storage tanks are underground;
n. 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
o. 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.
p. 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]
2. Within any "C-2" General Commercial 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 site plan within said district, which
application shall be accompanied with the following information and
adhere to the following requirements:
[Ord. No. 21-23, 7-27-2023]
a. A site plan indicating the location of present and proposed buildings,
driveways, parking lots and other necessary uses, as well as aesthetics
of the building and landscaping to conform with the current surrounding
properties and future aesthetic requirements at the discretion of
the Board of Trustees after recommendation by the Zoning Commission.
b. Preliminary architectural plans for proposed building or buildings.
c. An estimate of the maximum number of employees contemplated for the
proposed business.
d. Any other information the Zoning Commission may need to adequately
consider the effect that the proposed plan may have upon their environment
and on the cost of providing municipal services to the area.
e. No building shall be erected or enlarged to exceed, excluding basement,
thirty-five (35) feet in height.
3. Area regulations.
a. 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.
b. 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.
c. Rear yard. Rear yard depth shall be thirty (30)
feet.
d. Percentage lot coverage. All buildings, including
accessory buildings, shall not cover more than forty percent (40%)
of the lot.
4. Parking requirements. See Supplemental Regulations on Off-Street Parking and Loading, Section
405.400.
5. Loading zone. See Supplemental Regulations on Off-Street Parking and Loading, Section
405.400.
6. 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:
b. Farm implement and machinery;
d. Metal and wood fencing, ornamental grillwork and decorative wrought
iron work and play equipment sales;
f. New and used car and truck sales;
g. Prefabricated house sales;
h. Trailers for hauling, rental and sales;
i. Nursery and garden sales;
m. Drive-in restaurants or theaters;
B. The
foregoing uses shall comply with the following provisions:
1. Regulation of the display of outdoor merchandise.
a. 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.
b. 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.
c. The restrictions of this Section may be modified or amended by the
Board of Adjustment, whose determination shall be final.
2. 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.
3. 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.
4. 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.
5. Driveways used for ingress and egress shall be at a minimum of twenty-six
(26) and maximum of thirty-five (35) feet in width, exclusive of curb
returns or comply with standards required by Missouri Department of
Transportation if applicable.
[Ord. No. 21-23, 7-27-2023]
6. 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.
7. A commercial district abutting agricultural districts, "R-1" One-Family
Residential Districts or "R-2" Two-Family Residential Districts must
have fencing or buffer constructed after review by the Zoning Commission
and approval of the Board of Trustees to reduce or minimize impact
of the commercial operation on the impacted district adjacent and
abutting the commercial district.
[Ord. No. 21-23, 7-27-2023]
[CC 1995 §41.190; Ord. No. 01-7 §5, 12-18-2001; Ord. No. 02-14 §2, 10-24-2002]
A. 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.
B. Uses Permitted.
1. 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.
2. 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]
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Antique shop
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Appliance store
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Apparel store, family, children, men or women
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Artist supplies
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Bakery goods store
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Bank
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Barbershop
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Beauty shop
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Book or stationery store
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Camera shop
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Candy store
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Catering establishment
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Cleaning and pressing collection station
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Curio shop
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Drug store
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Dry goods store
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Dairy products or ice cream store
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Delicatessen
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Florist shop
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Furniture store
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Gift shop
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Grocery store
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Hardware store
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Help-yourself laundry
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Jewelry store
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Meat market
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Medical facility
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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)
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Music store
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Newspaper or magazine sales
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Notions store
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Office supply store
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Optometrist sales and service
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Paint and decorating shop
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Photographer studio
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Pharmacy
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Radio and television sales and service
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Restaurant
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Sewing machine sales and service
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Sporting goods sales
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Shoe store or repair shop
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Specialty shop for women
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Supermarket
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Tailor shop
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Toy store
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Variety store
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Such other commercial uses as are similar to the uses above.
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3. 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.
4. 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.
C. Area Regulations.
1. 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.
2. 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:
a. All buildings shall set back from all street right-of-way lines not
less than thirty-five (35) feet.
b. On the side of a lot adjoining a residential district, there shall
be a side yard of not less than thirty-five (35) feet.
c. 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.
d. Coverage. Buildings shall not cover more than twenty
percent (20%) of the site on which the planned shopping center is
located.
D. Height Regulations. No building shall exceed two and one-half
(2½) stories or thirty-five (35) feet in height.
E. 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.
F. Development Plan.
1. 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:
a. The intent of the zoning regulations is achieved:
b. The potential adverse impact upon neighboring property owners is
minimized; and
c. 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.
2. 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).
3. 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.
4. 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:
a. Name of project, address, boundaries, date, north arrow and scale
of the plan.
b. Name and address of the owner of record, the developer and the seal
of the engineer, architect or landscape architect.
c. Name and address of all owners of record of abutting parcels.
d. All existing lot lines, surveyor pin locations, easements, rights-of-way,
including areas in acres or square feet, abutting land uses and buildings.
e. 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.
f. 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.
g. 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.
h. 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.
i. The location, height, size, materials and designs of all proposed
signage in conformance with the Village Code.
j. 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.
k. The location of all present and proposed utility systems.
l. 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.
m. Zoning district boundaries adjacent to the site perimeter drawn and
identified on the plan.
n. The location, type and screening details for all waste disposal containers
shall also be shown.
5. Development plan — standards and guidelines — sites meeting the minimum area requirements of Subsection (C)(1).
a. 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.
b. 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.
6. Development plan — modification of underlying district
regulations.
a. 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.
b. 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.
c. 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.
7. Development plan — review, consideration and action.
a. Development plan applications shall be reviewed, considered and acted upon in accordance with the procedures of Section
400.060.
b. The development plan shall be acted on by the Zoning Commission and
Village Board of Trustees separately from the rezoning application.
c. 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.
d. The Village Board of Trustees shall not approve an accompanying rezoning
application unless it approves the development plan or approves it
with conditions.
e. 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.
8. 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.
9. 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.
a. 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.
b. 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.
c. Minor changes, as defined in this Section, to the approved development
plan may be approved administratively by the Board of Trustees.
d. 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.
e. 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.
f. 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.
[Ord. No. 18-07 §§1 —
2(§41.195), 12-20-2007]
A. 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.
B. Uses Permitted.
1. 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.
2. 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]
3. 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.
4. 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.
C. Area Regulations.
1. 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).
2. 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:
a. All buildings shall set back from all street right-of-way lines not
less than thirty-five (35) feet.
b. On the side of a lot adjoining a residential district, there shall
be a side yard of not less than thirty-five (35) feet.
c. 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.
d. Coverage. Buildings shall not cover more than twenty
percent (20%) of the site on which the planned shopping center is
located.
D. Height Regulations. No building shall exceed two and one-half
(2½) stories or thirty-five (35) feet in height.
E. 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.
F. Development Plan.
1. 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:
a. The intent of the zoning regulations is achieved:
b. The potential adverse impact upon neighboring property owners is
minimized; and
c. 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.
2. 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).
3. 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.
4. 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:
a. Name of project, address, boundaries, date, north arrow and scale
of the plan.
b. Name and address of the owner of record, the developer and the seal
of the engineer, architect or landscape architect.
c. Name and address of all owners of record of abutting parcels.
d. All existing lot lines, surveyor pin locations, easements and rights-of-way,
including areas in acres or square feet, abutting land uses and structures.
e. 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.
f. 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.
g. 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.
h. 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.
i. The location, height, size, materials and designs of all proposed
signage in conformance with the Village Code.
j. 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 retention areas.
k. The location of all present and proposed utility systems.
l. 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.
m. Zoning district boundaries adjacent to the site perimeter drawn and
identified on the plan.
n. The location, type and screening details for all waste disposal containers
shall also be shown.
5. Standards and guidelines. Buildings within the "C-4"
Compact Planned Shopping Center District shall meet the following
standards:
a. 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.
b. 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.
c. The form and proportion of the buildings shall be consistent or compatible
with the scale, form and proportion of existing development within
the area.
d. The use of unusual shapes, colors and other characteristics that
cause new buildings to attract excessive attention to them shall not
be allowed.
e. Architectural design should create visual interest through the use
of different textures, complimentary colors, shadow lines and contrasting
shapes.
f. 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.
g. Careful consideration and durable materials, proportions in shapes
emphasizing the importance of roofs and entracal and embracing elements
of overall design is important.
h. 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.
i. 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.
j. External lighting shall be such that it does not sign directly onto
adjacent properties.
k. 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.
l. 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.
6. Modification of underlying district regulations.
a. 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.
b. 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.
c. 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.
7. Review, consideration and action.
a. Development plan applications shall be reviewed, considered and acted upon in accordance with the procedures of Section
400.060.
b. The development plan shall be acted upon by the Zoning Commission
and Village Board of Trustees separately from the rezoning application.
c. 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 may
be considered.
(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.
8. 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.
9. 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
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.
a. 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.
b. 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.
c. Minor changes, as defined in this Section, to the approved development
plan may be approved administratively by the Board of Trustees.
d. 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,
"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 complaint building materials.
e. 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.
f. 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 developer.
G. 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.
[CC 1995 §41.200; Ord. No. 02-9 §2, 8-22-2002]
A. 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.
B. 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.
C. Uses Permitted.
1. Assembly of electrical and mechanical appliances, instruments, devices
and the like.
2. Vehicle finishing, repair and the like.
3. Building material production, storage and sales uses.
4. Food distribution and storage plants.
5. Construction and agricultural equipment distribution, storage and
sales uses.
6. Transportation, storage and trucking yards.
7. Agricultural feed and grain storage and sales.
8. Laundry, cleaning and dyeing works.
9. 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. A plot plan indicating the location of present and proposed buildings,
driveways, parking lots and other necessary uses.
b. Preliminary architectural plans for the proposed building or buildings.
c. An estimate of the maximum number of employees contemplated for the
proposed development and the number of shifts during which they would
work.
d. 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]
D. Area Requirements.
1. 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.
2. 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.
3. 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.
4. Rear yards. No building shall be located closer
than thirty (30) feet to the rear lot line.
5. Coverage. Building coverage shall not exceed thirty
percent (30%) of the area of the lot.
E. Height Regulations. No building shall exceed forty (40)
feet in height.
F. 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.)
G. 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.
[CC 1995 §41.220; Ord. No. 90-6, 6-28-1990; Ord. No.
02-9 §4, 8-22-2002]
A. 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.
B. 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:
2. Cement, lime, gypsum or plaster of Paris manufacture.
3. Explosives, manufacture or wholesale storage.
5. Petroleum or its products, refining of.
6. Wholesale or bulk storage of gasoline, propane or other petroleum
products.
7. All uses permitted in "I-1" and "I-2" districts.
C. Uses Permitted On Review By The Board Of Adjustment Pursuant To Section
400.120(2).
1. Automobile salvage or junk yard.
2. Building materials salvage yard.
3. Junk or salvage yard of any kind.
4. 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.
D. Area Regulations.
1. Front and side yards. Same as "I-2" District.
2. 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.
E. Height Regulations. Same as "I-2" District.
[CC 1995 §41.230; Ord. No. 09-04 §1, 5-27-2004]
A. 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.
B. Use Of The Planned Overlay District.
1. 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.
2. 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"
3. 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.
C. 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.
D. Use Regulations.
1. 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.
2. Structures and traffic shall be arranged so that all principal structures
are accessible to emergency vehicles.
3. 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.
4. 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.
5. 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.
E. 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.
F. 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.
G. 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:
1. Boundaries of the project with dimensions to scale;
2. Topographic contour intervals of two (2) feet;
3. 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;
4. Preliminary drainage plan in sufficient detail to show direction
of flow, stormwater detention facilities, if needed, and major drainage
structures;
5. General landscape plan to include location and height of all walls,
fences, signs and screen plantings;
6. 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;
7. Phases of final development;
8. Name and address of owner, applicant and architectural or engineering
firm which prepared the plan;
9. 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.
H. 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:
1. Contour lines shall show finished grading only;
2. The landscaping plan shall show the size and type of each tree, shrub
and ground cover; and
3. Drawings showing the size, appearance and method of illumination
for each sign.
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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.
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I. 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.
J. 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.
K. 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.
1. 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.
2. 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.
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The development plan process shall be required prior to any
rezoning or issuance of a building permit for other than a one-family
dwelling.
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L. 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.