City of Richmond Heights, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 4238 §2(303.0), 10-3-1988; Ord. No. 4297 §1, 11-6-1989; Ord. No. 4335 §2, 6-4-1990; Ord. No. 4624 §2, 6-3-1996]
A. 
Intent And Purpose. The purpose of these districts is to protect and conserve areas of predominantly low density, detached single-family residences by requiring all construction to be compatible with the height, bulk and setback characteristics of surrounding and adjacent residences.
B. 
Permitted Uses. The listing of permitted uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
C. 
Conditional Uses. The listing of conditional uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
D. 
Use Regulations.
1. 
Lot size. Every lot shall have an area in the following minimum amounts for each listed district:
"R-1A" 15,000 square feet
"R-1B" 23,000 square feet
"R-1C" 40,000 square feet
except that if a lot has less area than herein required and the plat thereof has been duly recorded prior to the date of passage of this Chapter (October 3, 1988), such lot may be used for a single-family dwelling.
For uses other than dwellings, the lot area shall be adequate to provide the yard required by this district and the off-street parking required by Article VI of this Chapter.
2. 
Yards.
a. 
Front yard.
(1) 
There shall be a front yard having a depth of not less than forty (40) feet, unless forty percent (40%) or more of the frontage on the same side of the street as the subject property between the two (2) nearest intersecting streets is improved with buildings which have a front yard line having a variation in depth of not more than six (6) feet, in which case no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than seventy-five (75) feet.
(2) 
Where lots have a double frontage, the required front yard shall be provided on both streets. The orientation of the structure accommodating the primary use shall be on the street on which the adjacent uses are oriented except when the predominant orientation of uses on the block is contrary to the orientation of the adjacent uses. The predominant orientation of the block shall govern in those cases.
(3) 
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, except that the buildable width of such lot shall not be reduced to less than twenty-eight (28) feet. No accessory building shall project beyond the front yard line on either street.
b. 
Side yard.
(1) 
Except as provided in the following paragraph and in Section 405.270, there shall be a side yard on each side of a building, said yard to have a width of not less than twelve (12) feet.
(2) 
The side yard on each side of a building on a lot having a width of twenty-five (25) feet or less, where a lot has been duly recorded at the time of passage of this Chapter (October 3, 1988), shall have a width of not less than three (3) feet.
c. 
Rear yard. Except as provided in Section 405.270, there shall be a rear yard having a depth of not less than thirty-five (35) feet or twenty percent (20%) of the depth of the lot, whichever amount is larger, but it need not exceed fifty (50) feet.
3. 
Height and bulk. No building or structures as related to building or structure height limitations shall exceed three (3) stories or forty (40) feet in height, except as provided in Section 405.270.
4. 
Off-street parking. On-site automobile parking shall be provided in accordance with Article VI of this Chapter.
5. 
Accessory uses. As permitted by Section 405.280 of this Chapter.
[Ord. No. 4238 §2(304.0), 10-3-1988; Ord. No. 4335 §3, 6-4-1990; Ord. No. 4624 §2, 6-3-1996; Ord. No. 4688 §1, 10-20-1997]
A. 
Intent And Purpose. The purpose of this district is to protect and conserve areas of predominantly detached single-family residences by requiring all construction to be compatible with the height, bulk and setback characteristics of surrounding and adjacent residences.
B. 
Permitted Uses. The listing of permitted uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
C. 
Conditional Uses. The listing of conditional uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
D. 
Use Regulations.
1. 
Lot size. Every lot shall have an area in the following minimum amounts for each district listed:
"R-2A" 7,500 square feet
"R-2B" 10,000 square feet
except that if a lot has less area than herein required and the plat thereof has been duly recorded prior to the date of passage of this Chapter (October 3, 1988), such lot may be used for a single-family dwelling.
2. 
Yards.
a. 
Front yard.
(1) 
There shall be a front yard having a depth of not less than thirty-five (35) feet, unless forty percent (40%) or more of the frontage on the same side of the street as the subject property between the two (2) nearest intersecting streets is improved with buildings which have a front yard line having a variation in depth of not more than six (6) feet, in which case no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than sixty (60) feet.
(2) 
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, except that the buildable width of such lot shall not be reduced to less than twenty-eight (28) feet. No accessory building shall project beyond the front yard line on either street.
b. 
Side yard.
(1) 
Except as provided in the following paragraph and in Section 405.270, there shall be a side yard on each side of a building, said yard to have a width of not less than eight (8) feet.
(2) 
The side yard on each side of a building on a lot having a width of twenty-five (25) feet or less, where the plat of a lot has been duly recorded at the time of passage of this Chapter (October 3, 1988), shall have a width of not less than three (3) feet.
c. 
Rear yard. Except as provided in Section 405.270, there shall be a rear yard having a depth of not less than thirty (30) feet or twenty percent (20%) of the depth of the lot, whichever amount is larger, but it need not exceed forty-five (45) feet.
3. 
Height and bulk. No building or structures as related to building or structure height limitations shall exceed two and one-half (2½) stories or thirty-five (35) feet in height, except as provided in Section 405.270 of this Chapter.
4. 
Off-street parking. On-site automobile parking shall be provided in accordance with Article VI of this Chapter.
5. 
Accessory uses. As permitted by Section 405.280 of this Chapter.
[Ord. No. 4238 §2(305.0), 10-3-1988; Ord. No. 4335 §4, 6-4-1990; Ord. No. 4624 §2, 6-3-1996]
A. 
Intent And Purpose. The purpose of this district is to protect and conserve areas of predominantly detached single-family residences by requiring all construction to be compatible with the height, bulk and setback characteristics of surrounding and adjacent residences.
B. 
Permitted Uses. The listing of permitted uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
C. 
Conditional Uses. The listing of conditional uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
D. 
Use Regulations.
1. 
Lot size. Every lot shall have an area of not less than five thousand (5,000) square feet, except that if a lot has less area than herein required and the plat thereof has been duly recorded prior to the date of passage of this Chapter (October 3, 1988), such lot may be used for a single-family dwelling.
For uses other than dwellings, the lot area shall be adequate to provide the yard required by this district and the off-street parking required by Article VI of this Chapter.
2. 
Yards.
a. 
Front yard.
(1) 
There shall be a front yard having a depth of not less than thirty-five (35) feet, unless forty percent (40%) or more of the frontage on the same side of the street as the subject property between the two (2) nearest intersecting streets is improved with buildings which have a front yard line having a variation in depth of not more than six (6) feet, in which case no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than sixty (60) feet.
(2) 
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, except that the buildable width of such lot shall not be reduced to less than twenty-eight (28) feet. No accessory building shall project beyond the front yard line on either street.
b. 
Side yard.
(1) 
Except as provided in the following paragraphs and in Section 405.270, there shall be a side yard on each side of a building, which yard shall have a width of not less than six (6) feet.
(2) 
The side yard on each side of a building on a lot having a width of twenty-five (25) feet or less, where the plat of a lot has been duly recorded at the time of passage of this Chapter (October 3, 1988), shall have a width of not less than three (3) feet.
c. 
Rear yard. Except as provided in Section 405.270, there shall be a rear yard having a depth of not less than thirty (30) feet or twenty percent (20%) of the depth of the lot, whichever amount is larger, but it need not exceed forty-five (45) feet.
3. 
Height and bulk. No building or structures as related to building or structure height limitations shall exceed two and one-half (2½) stories or thirty-five (35) feet in height, except as provided in Section 405.270.
4. 
Off-street parking. On-site automobile parking shall be provided in accordance with Article VI of this Chapter.
5. 
Accessory uses. As permitted by Section 405.280 of this Chapter.
[Ord. No. 4238 §2(306.0), 10-3-1988; Ord. No. 4335 §5, 6-4-1990; Ord. No. 4624 §2, 6-3-1996]
A. 
Intent And Purpose. The purpose of the "R-4" District is to protect and conserve existing areas of predominantly detached single-family dwellings and two-family residences, along with providing for the construction of detached and attached single-family dwellings, duplexes and patio houses which are compatible with existing uses.
B. 
Permitted Uses. The listing of permitted uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
C. 
Conditional Uses. The listing of conditional uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
D. 
Use Regulations.
1. 
Lot size.
a. 
A lot on which there is erected a single-family dwelling shall contain an area of not less than five thousand (5,000) square feet.
b. 
A lot on which there is erected a two-family dwelling shall contain an area of not less than twenty-five hundred (2,500) square feet per dwelling unit.
c. 
Where a lot has less area than five thousand (5,000) square feet and was of record at the time of the passage of this Chapter, that lot may be used only for single-family dwelling purposes.
For uses other than dwellings, the lot area shall be adequate to provide the yard area required by this district and the off-street parking required by Article VI of this Chapter.
2. 
Yards.
a. 
Front yard.
(1) 
There shall be a front yard having a depth of not less than thirty (30) feet, unless forty percent (40%) or more of the frontage on the same side of the street as the subject property between the two (2) nearest intersecting streets is improved with buildings which have observed a front yard line having a variation in depth of not more than six (6) feet, in which case no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than sixty (60) feet.
(2) 
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, except that the buildable width of such lot shall not be reduced to less than twenty-eight (28) feet. No accessory building shall project beyond the front yard line on either street.
b. 
Side yard.
(1) 
Except as provided in the following paragraph and in Section 405.270, there shall be a side yard on each side of a building, said side yard to be a width of not less than six (6) feet.
(2) 
The side yard on each side of a building on a lot having a width of twenty-five (25) feet or less, where the plat of a lot has been duly recorded at the time of passage of this Chapter (October 3, 1988), shall have a width of not less than three (3) feet.
c. 
Rear yard. Except as provided in Section 405.270, there shall be a rear yard having a depth of not less than thirty (30) feet or twenty percent (20%) of the depth of the lot, whichever amount is larger, but it need not exceed forty-five (45) feet.
3. 
Height and bulk. No building or structures as related to building or structure height limitations shall exceed two and one-half (2½) stories or thirty-five (35) feet in height, except as provided in Section 405.270.
4. 
Off-street parking. On-site automobile parking shall be provided in accordance with Article VI of this Chapter.
E. 
Accessory Uses. As permitted by Section 405.280.
[Ord. No. 4238 §2(307.0), 10-3-1988; Ord. No. 4274 §3, 6-5-1989]
A. 
Intent And Purpose. The purpose of this district is to protect and conserve areas of predominantly multi-family or apartment dwellings built at medium density and to provide for the development of building types in accordance with standards which insure their compatibility with surrounding uses.
B. 
Permitted Uses. The listing of permitted uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
C. 
Conditional Uses. The listing of conditional uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
D. 
Site Plan Review. By the Planning Commission as required in Section 405.390 of this Chapter.
E. 
Use Regulations. All uses within the "R-5" District shall conform to the following regulations:
1. 
Intensity and bulk.
a. 
Site area. Any site zoned "R-5" Multi-Family District shall have a minimum area of not less than one (1) acre unless the project abuts an existing multi-family zone.
b. 
Minimum lot area.
Single-Family
5,000 square feet per dwelling unit
Two-Family
2,500 square feet per dwelling unit
Multi-Family
(2½ stories or less) 2,500 square feet per dwelling unit; or 1,800 square feet per dwelling unit for buildings over 2½ stories, where approved by the Planning Commission during site plan review as being compatible with surrounding development
For uses other than dwellings, the lot area shall be adequate to provide the yard areas required in this district and off-street parking as required in Article VI of this Chapter.
c. 
Lot width (measured at the building line).
Single-Family
seventy (70) feet
Two-Family
seventy (70) feet
Multi-Family
(2½ stories or less) seventy (70) feet
Multi-Family
(more than 2½ stories) eighty (80) feet
For uses other than residential, the lot width shall be adequate to provide the yard areas required in this district and the off-street parking required in Article VI of this Chapter.
d. 
Lot coverage. The maximum lot coverage by buildings and structures shall not exceed thirty-five percent (35%).
e. 
Yard requirements.
(1) 
Front yard. Not less than twenty (20) feet.
(2) 
Side yard. Not less than ten (10) feet, except in the case of a corner lot or parcel where the side yard on the road or street side shall not be less than twenty (20) feet.
(3) 
Rear yard. Not less than thirty-five (35) feet.
(4) 
The above requirements shall apply to every lot, building or structure.
f. 
Height requirements. Except as is otherwise provided in Section 405.270, no building or structure shall exceed four (4) stories above finished grade or fifty (50) feet, whichever is the lesser. Any building exceeding four (4) stories or fifty (50) feet in height must receive a conditional use permit in accordance with the requirements in this Section and Article X and provide off-street parking as required in Article VI of this Chapter.
g. 
Distance between grouped buildings. In addition to the required setback lines provided elsewhere in this Chapter, the following minimum distances shall be required between each structure one and one-half (1½) stores in height or less:
Front to front
fifty (50) feet
Back to back
fifty (50) feet
Side to side
twenty (20) feet
Front to side
thirty-five (35) feet
Back to side
thirty-five (35) feet
Corner to corner
fifteen (15) feet
The following minimum distance shall be required between structures in developments with buildings in excess of two and one-half (2½) stories in heights:
Front to front
sixty (60) feet
Front to back
sixty (60) feet
Front to side
sixty (60) feet
Side to side
fifty (50) feet
Back to side
forty-five (45) feet
Back to back
sixty (60) feet
Corner to corner
fifty (50) feet
In no instance shall a dwelling unit less than four (4) stories in height face directly upon the rear of another residential building.
In applying the above standards, the front of the building shall mean the main entrance and all dimensions shall be measured accordingly. In cases where there is ambiguity, the City shall reserve the right to have the Zoning Administrator make the determination of the main entrance.
2. 
Off-street parking. On-site automobile parking shall be provided in accordance with Article VI of this Chapter.
3. 
Minimum unit size. Every unit constructed in the "R-5" District shall contain at least six hundred (600) square feet of livable floor area, exclusive of garage, basement or attic, except in the case of housing designed specifically for the elderly which shall have a minimum of four hundred fifty (450) square feet of livable floor area per unit.
4. 
Landscaping and screening. Where a side or rear lot line coincides with a side or rear lot line of any lot in an adjacent residential zoning district ("R-1" through "R-4"), then a landscaped yard of at least fifteen (15) feet in width shall be provided along such a lot. In addition, for any use which involves the construction of a new structure or the expansion of an existing structure, a masonry wall or solid fence of at least six (6) feet but not more than eight (8) feet in height shall be provided in such transitional yard within two (2) feet of the property line.
5. 
Accessory uses. As permitted by Section 405.280 of this Chapter.
[Ord. No. 4725 §1 (307.A.O), 11-16-1998; Ord. No. 4733 §1(307.A.O), 4-5-1999]
A. 
Intent And Purpose. The purpose of this district is to provide opportunities for higher density residential development on the City's main arterial and collector roadways while insuring the compatibility of such development with surrounding uses.
B. 
Permitted Uses. Permitted uses include: Multi-family residential, play and tot lots, Police and related services, sewage pressure control stations, water storage.
C. 
Conditional Uses. The listing of conditional uses is set out in Appendix "A" of these regulations, which is at the end of this Chapter.
D. 
Site Plan Review. By the Planning Commission as required in Section 405.390 of this Chapter.
E. 
Use Regulations. All uses within the "R-6" District shall conform to the following regulations:
1. 
Intensity and bulk.
a. 
Site area. Any site zoned "R-6" Multi-Family Residential District shall have a minimum area of not less than twenty thousand (20,000) square feet, unless the project abuts an existing multi-family zone or commercial zone, in which case the minimum area may be not less than fifteen thousand (15,000) square feet.
b. 
Minimum lot area.
Multi-Family
800 square feet per dwelling unit
For uses other than dwellings, the lot area shall be adequate to provide the yard areas required in this district and off-street parking as required in Article VI of this Chapter.
c. 
Lot width (measured at the building line).
Multi-Family (Two and one-half (2½) stories or less) eighty (80) feet Multi-Family (More than two and one-half (2½) stories) ninety (90) feet
For uses other than residential, the lot width shall be adequate to provide the yard areas required in this district and the off-street parking required in Article VI of this Chapter.
d. 
Lot coverage. The maximum lot coverage by buildings and structures shall not exceed sixty percent (60%).
Exception: Parking beneath the building: An enclosed, partially below grade parking garage for which the roof of the garage is not used for parking may cover up to seventy-five percent (75%) of the lot area. The building above the garage shall not exceed sixty percent (60%) coverage of the lot area.
e. 
Yard requirements. For development of one (1) building on the site:
(1) 
Front yard. For buildings within a "R-6" zoning district in which the district orientates to and is adjacent to a commercial zoning district, the front yard setback will be as required in the commercial zoning district. For buildings within a "R-6" zoning district in which the district orientates to and are adjacent to a residential zoning district, the front yard setback of the adjacent residential district shall apply.
For building on a corner lot which may have one (1) frontage adjacent to a commercial district and one (1) frontage adjacent to a residential district, the respective front yard setbacks shall be observed.
(2) 
Side yard. Not less than ten (10) feet for any building or structure which does not exceed four (4) stories or fifty (50) feet above finished grade. For any building or structure which exceeds fifty (50) feet, the side yard setback shall be increased one (1) foot for every two (2) feet in building height which exceeds fifty (50) feet (see (5) and (6) below).
Exception: Parking beneath the building: For any building or structure within a "R-6" zoning district in which the district orientates to and is adjacent to a commercial zoning district, the required side yard setback may be reduced to a minimum of five (5) feet between a side lot line and an enclosed parking garage, partially below grade, which does not exceed one (1) story in height, and the roof of the enclosed garage is not used for parking, and the building above the garage observes the required side yard setback. This exception may be allowed by the Planning and Zoning Commission under a conditional use permit.
(3) 
Rear yard. Not less than twenty percent (20%) of the lot's depth (up to a maximum of fifty (50) feet or thirty (30) feet, whichever is greater).
For development of more than one (1) building on the site:
(4) 
Side yard. Not less than ten (10) feet, (to allow for a minimum of twenty (20) feet between buildings).
For every multi-family residential structure permitted to be more than fifty (50) feet in height (see (f) below), additional setbacks will be required:
(5) 
Front yard. One (1) additional foot for every two (2) feet in height above fifty (50) feet.
(6) 
Rear yard. One (1) additional foot for every two (2) feet in height above fifty (50) feet.
(7) 
For buildings built above an enclosed parking garage as detailed in (e, 2) above, the building's height shall be measured from the roof to the garage.
The above requirements shall apply to every lot, building or structure.
f. 
Height requirements. Except as is otherwise provided in Section 405.270, no building or structure shall exceed four (4) stories above finished grade or sixty (60) feet, whichever is the lesser. Any building exceeding four (4) stories or sixty (60) feet in height must receive a conditional use permit in accordance with the requirements in this Section and Article X and provide off-street parking as required in Article VI of this Chapter.
2. 
Off-street parking. On-site automobile parking shall be provided in accordance with Article VI of this Chapter. A reduction in the number of parking spaces will be permitted upon submittal to the Planning and Zoning Commission of a parking needs assessment demonstrating that fewer spaces may be permitted. The study shall be performed in accordance with the Urban Land Institute methodology for calculating parking requirements.
3. 
Minimum unit size. Every unit constructed in the "R-6" District shall contain at least one thousand (1000) square feet of livable floor area, exclusive of garage, basement or attic; however, the minimum unit size may be reduced to seven hundred fifty (750) square feet of livable area provided the building(s) achieve(s) an average unit size of at least one thousand (1,000) square feet of livable floor area.
4. 
Landscaping and screening. Where a side or rear lot line coincides with a side or rear lot line of any lot in an adjacent residential zoning district ("R-I" through "R-4"), then a landscaped yard of at least fifteen (15) feet in width shall be provided along such a lot. In addition, for any use which involves the construction of a new structure or the expansion of an existing structure, a masonry wall or solid fence of at least six (6) feet, but no more than eight (8) feet in height shall be provided in such a transitional yard within two (2) feet of the property line.
5. 
Accessory uses. As permitted by Section 405.280 of this Chapter.
[Ord. No. 4238 §2(308.0), 10-3-1988; Ord. No. 4624 §2, 6-3-1996]
A. 
Intent And Purpose. This district is intended to accommodate convenience retail/service facilities at a scale and intensity of use which is compatible with and serves adjacent residential uses.
B. 
Permitted Uses. The listing of permitted uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
C. 
Conditional Uses. The listing of conditional uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
D. 
Site Plan Review. By the Planning Commission as required in Section 405.390 of this Chapter.
E. 
Use Regulations.
1. 
Lot size.
a. 
Minimum lot area. Ten thousand (10,000) square feet.
b. 
Minimum lot width. Seventy-five (75) feet.
2. 
Bulk.
Maximum height. No building or structures as related to building or structure height limitations shall exceed two and one-half (2½) stories, nor shall it exceed thirty-five (35) feet in height.
3. 
Yard.
a. 
Front yard.
(1) 
There shall be a front yard having a depth of not less than thirty-five (35) feet unless forty percent (40%) or more of the frontage on the same side of the street as the subject property between the two (2) nearest intersecting streets is improved with buildings which have observed a front yard line with a variation in depth of not more than six (6) feet, in which case no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than forty (40) feet.
(2) 
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, except that the buildable width of such lot shall not be reduced to less than thirty-five (35) feet. No accessory building shall project beyond the front yard line on either street.
b. 
Side and rear yards. None required, although when provided, shall not be less than five (5) feet.
c. 
Transitional yard.
(1) 
Where a side or rear lot line coincides with a side or rear lot line of any lot in an adjacent residential zoning district, then a landscaped yard of at least thirty-five (35) feet in width shall be provided along such lot. In addition, for any use which involves the construction of a new structure or the expansion of an existing structure, a solid decorative wall or fence of at least six (6) feet but not more than eight (8) feet in height shall be provided in such transitional yard along the property line.
(2) 
Where a commercial development is located adjacent to or across a street from a residential district, a transitional yard shall be provided, as approved by the Planning Commission in accordance with the provisions of Section 405.390.
(3) 
Nothing in this Section shall be construed to allow or require a fence in a front yard in the case of a corner lot with double frontage.
4. 
Off-street parking and loading. Off-street parking and loading areas shall be required in accordance with Article VI of this Chapter.
5. 
Anti-pollution standards. Anti-pollution standards in accordance Section 405.370 shall be met by the uses in this district.
[Ord. No. 4238 §2(309.0), 10-3-1988; Ord. No. 5178 §1, 9-6-2011]
A. 
Intent And Purpose. This district is intended to accommodate a variety of retail, service and office uses which are not dependent on high visibility from arterial streets for business generation. Many of the uses are dependent on the proximity of other business and nearby residential areas for their economic livelihood. The regulations in this district are designed to maintain the beneficial spatial relationships of the uses as well as minimizing negative impacts on adjacent residential uses.
B. 
Permitted Uses. The listing of permitted uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
C. 
Conditional Uses. The listing of conditional uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
D. 
Site Plan Review. By the Planning Commission as required in Section 405.390 of this Chapter.
E. 
Use Regulations.
1. 
Lot size.
a. 
Minimum lot area. Ten thousand (10,000) square feet.
b. 
Minimum lot width. One hundred (100) feet.
2. 
Maximum structure height. No building or structures as related to building or structure height limitations shall exceed three (3) stories, nor shall it exceed forty-five (45) feet in height, except buildings may exceed three (3) stories in height if the building conforms to the following requirements: The ratio of the floor area of the building to the area of the lot shall not exceed 1 to 1.5. The floor area shall be the gross horizontal area of the several floors, including basements, cellars and penthouses (but excluding such areas within the building which are used for parking) measured from the exterior walls of the building. The area of the lot shall mean the total area of the site, exclusive of the area occupied by streets.
3. 
Yard.
a. 
Front yard.
(1) 
There shall be a front yard having a depth of not less than fifteen (15) feet unless forty percent (40%) or more of the frontage on the same side of the street as the subject property between the two (2) nearest intersecting streets is improved with buildings which have observed a front yard line with a variation in depth of not more than six (6) feet, in which case no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than thirty (30) feet.
(2) 
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, except that the buildable width of such lot shall not be reduced to less than forty (40) feet. No accessory building shall project beyond the front yard line on either street.
b. 
Side and rear yards. None required, although when provided, shall not be less than five (5) feet.
c. 
Transitional yard.
(1) 
Where a side or rear lot line coincides with a side or rear lot line of any lot in an adjacent residential zoning district, then a landscaped yard of at least ten (10) feet in width shall be provided along such lot. In addition, for any use which involves the construction of a new structure or the expansion of an existing structure, a solid decorative wall or fence of at least six (6) feet but not more than eight (8) feet in height shall be provided in such transitional yard.
(2) 
Where a commercial development is located adjacent to or across a street from a residential district, a transitional yard shall be provided, as approved by the Planning Commission in accordance with the provisions of Section 405.390.
(3) 
The transitional yard requirements may be modified by conditional use permit or by site plan review as provided in Article X or Section 405.390. Such modifications may be in the direction of more stringent or less stringent requirements.
(4) 
Nothing in this Section shall be construed to allow or require a fence in a front yard in the case of a corner lot with double frontage.
d. 
Off-street parking and loading. Off-street parking and loading areas shall be required in accordance with Article VI of this Chapter.
e. 
Anti-pollution standards. Anti-pollution standards in accordance with Section 405.370 shall be met by the uses in this district.
F. 
Supplemental Regulations.
1. 
Residential loft units are allowed above retail or office uses subject to the following limitations:
a. 
Residential uses shall be complementary and secondary to the primary retail commercial and office uses.
b. 
Residential uses shall be restricted from street-level building floors except as permitted through a special use permit. In no case shall a residential use occupy a street-level storefront.
c. 
Residential uses shall not restrict or limit hours of operation, parking, loading, unloading, trash disposal or other activities associated with a permitted commercial or office uses.
d. 
New construction, renovation or other improvements required to accommodate residential uses shall be complementary to the established character of existing uses.
2. 
Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
a. 
All lighting sources shall be adequately shielded and positioned to avoid glare or direct visibility of the light source from adjoining residential property and streets.
b. 
All outdoor lighting visible from any adjoining properties, except for lighting required for security or safety, shall be turned off between the hours of 11:00 P.M. and 6:00 A.M. except as authorized by special use.
c. 
Low-pressure sodium lights may not be used in parking areas or at main entrances. Light fixtures that broadcast light over large areas or that are a source of glare, sky-glow or other light pollution shall not be permitted.
d. 
Building-mounted lighting shall not extend above the roof line of the building on which it is mounted.
[Ord. No. 4238 §2(310.0), 10-3-1988; Ord. No. 4323 §1, 3-5-1990; Ord. No. 4624 §2, 6-3-1996]
A. 
Intent And Purpose. The purpose of the Planned Development District is to provide a means of achieving greater flexibility in residential and commercial development of land in a manner not possible in conventional zones; to encourage a more imaginative and innovative design of projects; to promote a more desirable community environment; and to retain maximum control over both the structure and future operation of the development.
The City Council, upon receiving recommendations of the Planning and Zoning Commission, may by ordinance authorize a Planned Development District when the proposed development or use of a specific tract of land or area warrants greater flexibility, control and density than is afforded under the general regulations of standard zoning districts. These planned development regulations are not intended to allow excessive densities or the development of incompatible land uses, either within the development or as the development relates to the general neighborhood. The standards contained in the following provisions must be strictly adhered to by the applicant.
The City may, upon proper application, approve a planned development for a site of at least two and one-half (2.5) acres to facilitate the use of flexible techniques of land development and site design, by providing relief from zone requirements designed for conventional developments in order to obtain one (1) or more of the following objectives:
1. 
Environmental design in the development of land that is of a higher quality than is possible under the regulations otherwise applicable to the property.
2. 
Diversification in the uses permitted and variation in the relationship of uses, structures, open space and height of structures in developments intended as cohesive, unified projects.
3. 
Functional and beneficial uses of open space areas.
4. 
Preservation of natural features of a development site.
5. 
Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program.
6. 
Rational and economic development in relation to public services.
7. 
Efficient and effective traffic circulation, both within and adjacent to the development site.
B. 
Relationship Of Planned Development Districts To Zoning Map.
1. 
A mapped district. The "PD" designation is not intended to be attached to existing use districts as an overlay.
2. 
Plan approval required. Although the "PD" designation may be applied to parcels of land as a mapped zoning district, it is the intent of this Chapter that no development or redevelopment of the property encompassed by the "PD" designation take place until an acceptable development plan has been reviewed and approved in conformance with the requirements of this Section. Any pre-existing uses within the area encompassed by the "PD" designation shall have the status of non-conforming uses, as outlined in Section 405.380 until such time as they are included in an approved development plan.
3. 
Types of planned developments. All areas of the City subject to the "PD" designation shall be assigned one (1) of the following subclassifications which shall be considered a separate use district and subject to the specific restrictions and limitations outlined in this Section.
a. 
Planned Development — Residential ("PD-R"):
Planned developments involving residential uses only.
b. 
Planned Development — Commercial ("PD-C"):
Planned developments involving commercial uses only.
c. 
Mixed Use Developments ("PD-MxD"):
Planned developments involving a mixture of residential and non-residential uses.
These subclassifications may be designated by the City at the time of the original zoning of the parcel in question, or the City may make the designation at the time of development plan application. In the instance of a request for zoning map amendment, the applicant shall request a specific subclassification; however, it shall be at the discretion of the City, in light of the recommendations of the City's Comprehensive Plan as well as the surrounding neighborhood, to grant the requested subclassification or require a more restrictive one.
C. 
Procedures For Planned Development Approval.
1. 
Pre-application procedure. Prior to filing an application for Planned Development approval, the prospective applicant shall request a pre-application conference with the City's planning staff. Such request shall include a brief and general narrative description of the nature, location and extent of the proposed planned development and a list of any professional consultants advising the prospective applicant with respect to the proposed planned development. Upon receipt of such request, the City planning staff shall promptly schedule a conference.
2. 
Preliminary development plan. A preliminary development plan shall be submitted to the Planning and Zoning Commission with the application for a planned development. A final development plan, including the requirements of a preliminary plan, may be submitted as a single application when the development will be constructed as a single phase. The preliminary plan shall contain the following information:
a. 
Site and landscape plan: One of a series of maps shall be submitted (minimum scale 1" = 50') indicating:
(1) 
An outboundary plat;
(2) 
The location, size and height of all existing and proposed structures on the site;
(3) 
The location and general design (width and materials) of all driveways, curb cuts and sidewalks, including connections to building entrances; as well as the location and nature of construction of all curbs and guttering;
(4) 
The location, area and number of proposed parking spaces;
(5) 
Existing and proposed grades at an interval of five (5) feet or less, extended beyond the project site to include adjacent properties and structures;
(6) 
The location and general type of all existing trees over six (6) inch caliper and, in addition, an indication of those to be retained;
(7) 
The proposed general use and development of internal spaces, including all recreational and open space areas, plazas and major landscaped areas by function, and the general location and description of all proposed outdoor furniture (seating, lighting, telephones, etc.);
(8) 
The location and approximate size of all proposed plant material by type, such as hardwood /deciduous trees, evergreen trees, flowering trees and shrub masses, and types of ground cover (grass, ivies, etc.). Planting in parking areas should be included;
(9) 
The location of all retaining walls, fences (including privacy fences, etc.) and earth berms;
(10) 
The definition and location of all refuse collection facilities including screening to be provided; and
(11) 
Provisions for both on- and off-site stormwater drainage and detention related to the proposed development.
The scale of the drawing or drawings indicating the above shall be reasonably related to the site size and the complexity of the proposed development, and the scale shall in no event be smaller than 1" = 50'. All drawings shall likewise indicate a project name, the names of adjoining streets, the applicant's name, a scale, a north arrow, and the date drawn.
The applicant may be required to provide, at applicant's expense, additional clarification and/or further detail of the preliminary plan, as deemed necessary by the Planning and Zoning Commission.
b. 
Site and building sections. Schematic or illustrative sections shall be drawn to a scale of 1" = 8' or larger, indicating both edge conditions and internal grade changes in relation to principal variations of internal building levels and sight line relations to adjacent residences.
c. 
Architectural elevations. Architectural elevations of proposed buildings shall be provided at a reasonable scale.
d. 
Project data.
(1) 
Site area (square feet and acres);
(2) 
Allocation of site area by building coverage, parking, loading and driveways, and open space areas including total open space, recreation area, landscaped areas and others;
(3) 
Total dwelling units and floor area distributed by general type (1 bedroom, 2 bedroom, etc.);
(4) 
Floor area in non-residential use by category;
(5) 
Residential density distribution for the entire project; and
(6) 
Calculations of parking spaces and area in relation to dwelling units and commercial floor area.
e. 
Project report. A brief project report shall be provided to include an explanation of the character of the proposed development, verification of the applicant's ownership and contractual interest in the subject site, and anticipated development schedule. At the discretion of the Planning and Zoning Commission and/or City Council, analyses by qualified independent technical personnel or consultants chosen by the City may be required as to the market and financial feasibility, traffic impact, environmental impact, stormwater and erosion control, etc., of the proposed development, which analyses shall be paid for by applicant.
f. 
Phased development. If the planned development is proposed to be constructed in stages or units during a period extending beyond a single construction season, a development schedule indicating:
(1) 
The approximate date when construction of the project can be expected to begin;
(2) 
The order in which the phases of the project will be built; and
(3) 
The minimum area and the approximate location of common open space and public improvements that will be required at each stage.
If any stage or unit as proposed contains a share of open space or other public or private recreation or service facility less than that which its size, number of units or density would otherwise require, a statement shall be submitted setting forth what bond, credit, escrow or other assurance the applicant proposes in order to insure that the difference between that which would otherwise be required and that which the applicant proposes to provide in the instant stage or unit is ultimately provided.
3. 
Review procedure — preliminary development plan.
a. 
An application together with a complete preliminary development plan, including information as required in Section 405.390 shall be considered at the first (1st) regularly scheduled Planning and Zoning Commission meeting but not sooner than twenty-one (21) days from the filing of the completed application. Notices of the Planning and Zoning Commission meeting shall be sent to owners of record of all properties within three hundred (300) feet of the parcel included in the application.
b. 
Staff review. The Zoning Administrator shall coordinate a review of the application by appropriate affected City departments to determine its compliance with all applicable ordinances and regulations. A written report documenting the review and staff recommendations shall be prepared by the Zoning Administrator or his/her designee and submitted to the Planning and Zoning Commission at the meeting at which it first considers the application.
c. 
After consideration of the application and staff report, the Planning and Zoning Commission shall make a report to the City Council regarding the impact of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities, and other matters pertaining to the general public health, safety and welfare of the City of Richmond Heights. The findings and recommendation of the Commission shall be transmitted to the City Council. If the Commission's recommendation is for approval, its report shall contain the conditions or restrictions recommended by the Commission with respect to the preliminary development plan.
d. 
The City Council shall hold a public hearing thereon upon at least fifteen (15) days' public notice. If the preliminary development plan is approved by the City Council, it shall adopt an ordinance approving said preliminary development plan with conditions as specified therein which shall become effective on approval by the Planning and Zoning Commission of the final development plan.
e. 
Final plan. Within nine (9) months following passage of the ordinance approving the preliminary development plan, but at least twenty-one (21) days before the next regularly scheduled meeting of the Planning and Zoning Commission, the petitioner shall submit a final development plan to the Planning and Zoning Commission for its review and consideration to determine if said final development plan is in conformance with the approved preliminary development plan and with the imposed conditions of approval. The final development plan shall reflect the entire planned development if it is to be completed in one (1) phase, or a phase of the planned development if it consists of more than one (1) phase. The final development plan, in addition to the matters shown on the preliminary development plan, shall include the following:
(1) 
The existing and proposed contours at two (2) foot intervals;
(2) 
The landscape plan with the specific location of all plant material, specifying size, species and location (both as to the buffer area around the perimeter as well as that in the parking lot);
(3) 
Nature of use, as single-family, condominium, or multi-family, and/or commercial or manufacturing uses;
(4) 
All structures, present and future, specifying location, size, elevation and design, none of which may deviate substantially from the approved preliminary development plan;
(5) 
Sidewalks;
(6) 
Parking spaces, including underground parking and moving traffic lanes;
(7) 
Method of disposal of trash and garbage;
(8) 
Ingress and egress facilities;
(9) 
Parking facilities for visitors;
(10) 
Plan for the provision of water and sanitary and stormwater drainage facilities;
(11) 
All easements and dedications;
(12) 
Any signs, location and size;
(13) 
Details of lighting of parking lots and outside of buildings, including location, type and intensity;
(14) 
All other information which the Planning and Zoning Commission or the City Council may designate.
4. 
Review procedure — final development plan.
a. 
An application together with a complete preliminary development plan, including information as required in Section 405.390, shall be considered at the first (1st) regularly scheduled Planning and Zoning Commission meeting but not sooner than twenty-one (21) days from the filing of the completed application.
b. 
Staff review. During the time between the filing of a complete final development plan with the Zoning Administrator and the next regularly scheduled Planning and Zoning Commission meeting, the Zoning Administrator or his/her representative shall review the final development plan for compliance and report to the Commission the findings of his/her review. The Zoning Administrator shall establish the dollar amount of any bond required by the City to assure completion of the improvements.
c. 
After consideration of the application and staff report, the Planning and Zoning Commission shall approve, approve with conditions, or deny the final development plan. The final development plan shall conform to the preliminary development plan. If the final development plan does not conform to the preliminary development plan, or if the conditions of the preliminary development plan approval are not adequately met, the final development plan shall not be approved.
d. 
Upon approval of the final development plan by the Planning and Zoning Commission, the final development plan shall be transmitted to the City Council for their information.
e. 
Following approval of the final development plan by the Planning and Zoning Commission, it shall be recorded, at the applicant's expense, with the St. Louis County Recorder of Deeds and a reproducible mylar of such recorded plan furnished to the Zoning Administrator. Any bonds required to insure completion of required improvements or open space shall be completed and in place prior to recording of the final development plan.
5. 
Amendments or changes to an approved development plan. Should an applicant with ownership or contractual interest in any property within an area subject to an approved preliminary and/or final development plan find that any amendments or changes are necessary to the previously approved development plan, an application shall be submitted, at least twenty-one (21) days before the next regularly scheduled Planning and Zoning Commission meeting, for administrative and Planning and Zoning review to the Zoning Administrator who shall institute an administrative review by all affected City departments of the proposed amendments or changes. Notification of the proposed changes to the plan shall be sent to all property owners of record within three hundred (300) feet of the parcel included in the application. This notification shall also include all property owners of record within the area subject to the approved development plan. The results of this review shall be compiled by the Zoning Administrator and shall be reported by him/her to the Planning and Zoning Commission for their consideration. Upon receiving the application for proposed amendments or changes to the development plan and associated documents from the Zoning Administrator, the Commission shall complete its review of the application, either denying, approving or approving with conditions. The application, supplemental documents and the Commission's action and reasoning shall be forwarded to the City Council as an informational item where it shall be their option either to require a further review and approval of the proposed amendments or changes to the development plan at the Council level, or concur with the Commission by taking no further action. Appeal, protest, or Council review shall follow the same procedures as for conditional use permits, as set out in Section 405.420. Effective date and effect of denial shall also be the same as set out in Section 405.410 (E) and (F).
D. 
Permitted Uses. The listing of permitted uses within each "PD" subclassification shall be as follows:
Subclassification
Requirement
Planned development — Residential
Those uses set out in Appendix "A" in the "PD-R" District
Planned development — Commercial
Those uses set out in Appendix "A" in the "PD-C" District
Planned development — Mixed use
Those uses set out in Appendix "A" under "PD-MxD" (Appendix "A" is set out at the end of this Chapter)
Section 405.480 for specific regulations pertaining to motor vehicle related businesses.
E. 
Area Regulations And Performance Standards. The area regulations and performance standards applicable to the individual uses within each planned development by designated subclassification shall be as follows:
1. 
Subclassification
Requirement
Planned development — Residential
Same as those in Section 405.220
Planned development — Commercial
Same as those in Section 405.250
Planned development — Mixed use
Those set out in the above referenced Sections as applicable to the individual uses contemplated by the plan.
2. 
Modifications. The approval of the preliminary development plan may provide for such exceptions from the above-referenced regulations as may be necessary or desirable to achieve the objectives of the proposed planned development, provided such exceptions are consistent with the standards and criteria contained in this Section and have been specifically requested in the application for a planned development, and further, that no modification of the above- referenced regulations would be allowed when such proposed modification would result in:
a. 
Inadequate or unsafe access to the planned development;
b. 
Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity;
c. 
An undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development;
d. 
A development which will be incompatible with the purposes of this Chapter;
e. 
Detrimental impact on the surrounding area but not limited to visual pollution.
The burden of proof that the criteria above are not being violated shall rest with the developer and not the staff or the Planning and Zoning Commission.
3. 
Overall development site size. In addition to the requirements as outlined above for individual uses within a Planned Development District, the minimum overall site size required for such planned development as a whole shall be two and one-half (2.5) acres. Provided however, that this minimum site size may be waived by the City Council upon receiving the recommendations of the Planning and Zoning Commission if the parcel in question has certain unique characteristics such as, but not limited to, significant topographic change, significant trees or wooded areas, wet lands, floodplain areas, soil conditions, utility easements, or unusual shape or proportions; or if it is determined that the use proposed is desirable or necessary in relationship to the surrounding neighborhood.
4. 
Period of validity. The period of validity of approval of a final development plan is as follows:
a. 
No approval of a final development plan shall be valid for a period longer than twelve (12) months from the date of approval unless within such period a building permit is obtained and construction is commenced.
b. 
The City Council may grant extensions not exceeding six (6) months each upon written request of the original applicant if the application submitted is substantially the same as the initially approved application. However, the City Council has the power in such cases to attach new conditions to approval. At such time as the period of validity of an approved final development plan lapses, the final development plan and all uses, terms and conditions thereof shall be considered null and void. No further development of the site shall be permitted except by application in accordance with the procedural requirements of this Section, whereby it shall be considered an entirely new application.
c. 
Should a request for extension of an approved final development plan contain substantial changes, as determined by the Council, the Council shall require the applicant to refile his/her application subject to the requirements of this Section as if it were an entirely new application.
[Ord. No. 5116 §1, 9-8-2009]
A. 
Definition — Overlay Districts. Overlay districts are special zones placed "on top" of existing zoning and planning regulations. An overlay district provides specific regulations and/or relief from the City's zoning requirements for a specific area. This approach allows the City to maintain the current zoning ordinance while addressing the special needs of a targeted area. Overlay districts are common zoning tools used to help revitalize downtowns, aging commercial areas or a particular corridor without making extensive amendments to the zoning ordinance.
B. 
Petition For An "MU" Overlay District Approval. A petition for rezoning to a "MU" Overlay District shall include the following:
1. 
A fully executed change in zoning petition signed by the property owner(s) identified by the current deed with all required information and accompanying documentation.
2. 
A copy of the current deed(s) for the property(ies) involved.
3. 
The legal description(s) of all properties to be encompassed in said district.
4. 
Evidence of unified ownership or control by the petitioner of all properties encompassed in said petition, if there is more than one (1) owner.
5. 
Statement of petitioner's experience and background in real estate development and residential or commercial construction.
6. 
A refundable review fee of five hundred dollars ($500.00). Fee is to defray review costs by the City or its consultants. Any portion not used may be refunded or applied to a building permit fee.
7. 
A preliminary site development plan measuring no more than twenty-four (24) inches by thirty-six (36) inches and bearing the seal and signature of a licensed professional engineer, surveyor, landscape architect or architect. The site development plan shall include the following information:
a. 
The number, type(s), use, height and dimensions of all proposed buildings.
b. 
Provisions for stormwater control and drainage including pre- and post-development drainage maps (including contributory off-site drainage), detention and clean water facilities including preliminary capacity computations, storm water pollution prevention plan and other information and documentation as required in the City's stormwater ordinance.
c. 
A pre- and post development grading plan with topographic intervals at no greater than two (2) feet and extending one hundred (100) feet beyond the perimeter of the subject site.
d. 
The number of dwelling units contemplated.
e. 
The total floor area by floor of all buildings.
f. 
Preliminary utility locations.
g. 
The outboundaries, bearings and dimensions of the property described in the legal description with respect to the surrounding community.
h. 
The locations and improvements of all streets and properties complete with dimensions and ownership information within one hundred (100) feet from the perimeter of the site.
i. 
A computation of the total land area in square feet and as a percentage of the entire site used for buildings, roadways, other pavements, recreation, landscape/green space and other major land uses.
j. 
A preliminary architectural elevation showing all sides of all buildings with dimensions, materials, colors and architectural treatments.
k. 
Locations of all vehicular service entrances, parking areas, loading areas, refuse containers, ground-mounted utilities, HVAC, etc.
l. 
Other information as may be reasonably necessary to understand the character, scope and impact of a development proposal.
C. 
"MU" Overlay District Petition Review Procedure. Rezoning to the "MU" Overlay District is initiated by a petition submitted by a person(s) or entity with a valid and demonstrable legal interest in the lots or tracts of land involved with the petition. The procedures for application, review and approval shall be as follows:
1. 
A petition shall be submitted to the City that consists of the application form available from the City and the required information, documents and submittal information as set forth above in Subsection (B).
2. 
The petition shall be reviewed for compliance with the minimum submittal requirements and provisions of the applicable ordinances of the City. If the petition is properly submitted and in compliance with the minimum submittal requirements, the City shall advertise the public hearing and place the petition on an upcoming agenda of the Planning and Zoning Commission for consideration.
3. 
If the petition does not meet the minimum submittal requirements, the City shall notify the petitioner within thirty (30) days of the date of submission of the deficiencies of the petition. The City reserves the right to not process incomplete applications.
4. 
If the City fails to notify the petitioner that the petition does not meet the minimum submittal requirements within the specified thirty (30) day period, the petition shall be deemed to have been properly submitted and shall be advertised for public hearing and placed on an upcoming agenda of the Planning and Zoning Commission.
5. 
Initially, only one (1) copy of the petition documents must be submitted. After submission is determined to be in compliance with the minimum submittal requirements, twenty-five (25) sets of the folded plans, drawings and other documents on paper not exceeding twenty-four (24) inches by thirty-six (36) inches must be submitted.
6. 
The Planning and Zoning Commission shall hold a public hearing for all "MU" Overlay District rezoning petitions. The procedures and requirements shall be the same as required for changes and amendments to the zoning regulations pursuant to Section 405.580 of the City's Zoning Code.
7. 
The Planning and Zoning Commission shall review the petition for consistency with the general guidance of the goals, policies and recommendations of the Comprehensive Plan, compliance with the "MU" Overlay requirements and other applicable Zoning Code requirements and consider the comments and testimony from the petitioner's presentation, the public hearing, the petition review report and make findings accordingly. The findings should then be submitted, in writing, to the City Council.
8. 
The petition and the findings of the Planning and Zoning Commission shall be placed on the next available Council agenda for approval.
D. 
Final "MU" Overlay Zoning District Approval.
1. 
The "MU" Overlay District shall be approved by ordinance by the City Council. The governing ordinance approving the "MU" Overlay shall approve the site development plan and set forth the permitted use(s), building bulk, setback and density limits and other restrictions or limitations to the uses and requirements of the underlying zoning districts. The overlay district is intended to set the general development parameters and conditions upon which permits for grading and construction are contingent.
2. 
Minor changes and adjustments to the approved site development plan may be made without subsequent Planning and Zoning Commission or Council approval as long as such changes are within the scope of the provisions of the approving ordinance. The City shall be responsible for determining if proposed changes are within said scope or constitute a substantial deviation from the ordinance.
3. 
Upon final approval of a fully engineered final site development plan by the City of Richmond Heights and all agencies with jurisdiction over the site, the petitioner shall provide mylar copies for recording and four (4) paper copies and a digital copy on DVD or CD of the final site plan for the City's records.
4. 
No building permit shall be issued for any structure in the "MU" Overlay District that does not conform to the final site development plan and governing ordinance as approved by the City Council.
E. 
When Underlying Regulations Apply. The governing ordinance shall specify site development regulations. Where the governing ordinance is silent on such matters, the underlying zoning district and development regulations will control.
F. 
"MU" Overlay Zoning District Amendment. The owner of any tract of land or project for which a "MU" Overlay District governing ordinance has been approved by the City Council, who desires to make a change that is a substantial deviation from the ordinance, may petition for a "MU" ordinance amendment in accordance with the petitioning procedures established for approving the original petition as established in this Section.
G. 
Shared Parking Recommendations. Shared parking is encouraged whenever adjacent uses have varying hours of operation. All requests for shared parking must be included in the "MU" rezoning petition. The final arrangement and shared parking configuration shall be approved by the Planning and Zoning Commission and City Council. The burden should be placed on the petitioner to demonstrate how the shared parking arrangement will work. Applicants shall submit a shared parking feasibility study to identify the number of shared parking spaces needed and solutions to avoid any major conflict between the operating hours of the uses that share parking. Finally, an agreement, executed by the all parties involved, stating the terms and conditions of the shared parking arrangement shall be provided at the time of the "MU" Overlay approval.
H. 
Designated overlay districts and their specifics — Dale Avenue mixed use overlay district: For the purposes of Dale Avenue, the locations of the overlay were centered at roadway intersections (aka nodes) where non-residential uses were already established. The mapped boundaries of the overlay district are shown on the future land use plan. Please note, the boundaries of overlay districts do not necessarily coincide with other zoning district, parcel lines or right-of-way boundaries.
1. 
Purpose. The purpose of the Dale Avenue Mixed Use Overlay District ("MU") is to implement the guidelines established in the 2008 Dale Avenue Future Land Use Plan adopted as part of the City's Comprehensive Plan. The "MU" Overlay District promotes development that provides a blend of retail, commercial service, office and residential activities that help preserve and enhance the underutilized or aging commercial or mixed use areas along Dale Avenue.
2. 
Intent. The intent of the Dale Avenue "MU" District is to allow the development of land that is consistent with the City's Comprehensive Plan and to promote the following development objectives:
a. 
Allow flexibility in the utilization of land use regulations by allowing greater variety and market responsiveness in the site design, the arrangement of site improvements, building locations and land uses. This may include a wavier, approved by the City Council for any modifications to the underlying district regulations provided the development is consistent with the stated purpose provided in Subsection (G)(1)(a).
b. 
To provide minimum standards for design that establishes an acceptable level of continuity between existing and proposed development and preserves the scale and character of the buildings, homes and transportation network along Dale Avenue.
c. 
Promote the installation of pedestrian features and encourage walking and biking as an alternative to vehicular travel.
3. 
When required. The Dale Avenue Mixed Use Overlay District applies to any new use or change in use located in an area identified on the Dale Avenue future land use map as "mixed use overlay" with the following exceptions:
a. 
New additions to legally existing structures provided no waivers or modification to any underlying zoning district or other regulation is needed.
b. 
The change is not detrimental to the neighboring properties or community, does not materially alter or impact traffic, public improvements or public financial burdens, and is otherwise consistent with all established City plans, policies and ordinances.
4. 
Permitted uses. All uses permitted in the underlying district are permitted within the Dale Avenue "MU" District with the following exceptions:
a. 
New uses or changes in use of an existing building are permitted, provided the proposed use is permitted in the underlying zoning district and does not otherwise detract from the character of the Dale Avenue corridor.
b. 
All ground floor uses of a non-residential or mixed-use building must be retail, restaurant or commercial service in nature for seventy-five percent (75%) of the floor area and one hundred percent (100%) of the frontage of the building. All other ground floor uses permitted shall be limited to twenty-five percent (25%) of the total ground floor area and shall not be located in the front of the building, which includes any building face that fronts a street.
c. 
Dwellings located above the ground floor shall be permitted by right (i.e. without a conditional use permit), subject to the following:
(1) 
There shall be no limit on the maximum number of units other than the limits imposed by the building size or unit size requirements.
(2) 
The average dwelling size shall not be less than nine hundred (900) square feet per unit and no unit shall be less than seven hundred fifty (750) square feet.
5. 
Building bulk regulations.
a. 
Structure height. The minimum building height for any non-residential or mixed use structure shall be two (2) stories. No structure shall exceed three (3) stories or forty-five (45) feet, whichever is less, unless approved by the Planning Commission.
b. 
Maximum site coverage. There is no maximum site coverage limitation in the "MU" Overlay District; however, each site shall contribute street plantings, street lighting and other pedestrian amenities as approved by the Planning Commission.
c. 
Maximum square footage. New development or expansions to an existing building should not result in a gross floor area over ten thousand (10,000) square feet.
6. 
Setbacks.
a. 
Front. The required front setback is a maximum of ten (10) feet. This is intended to provide public space in the form of sidewalks, plaza areas and landscaping between the street and the building. The maximum front yard setback may be modified or waived by the Planning Commission upon approval of the site development plan depicting the proposed setback modifications.
b. 
Rear. The minimum rear setback shall be thirty (30) feet. The setback may be reduced to fifteen (15) feet if a functioning alley is present and provides secondary access.
c. 
Side. There are no minimum or maximum side setback requirements, except where a site abuts a residentially zoned property, in which case the minimum side setback should be the same as required in the underlying zoning district of said abutting residential district.
7. 
Vehicle and driveway access. No additional curb cuts along Dale Avenue should be allowed for lots that are already served by a driveway off Dale Avenue. Lots that front Big Bend or Hanley Road are subject to St. Louis County's access standards. All future development should provide public right-of-way improvements as needed for safe, convenient vehicular and pedestrian accessibility.
8. 
Off-street parking.
a. 
No off-street parking requirement is required for non-residential uses, unless the use exceeds one thousand (1,000) square feet of gross floor area, in which case off-street parking is required for all uses with a floor area in excess of one thousand (1,000) square feet at a ratio of five (5) stalls per one thousand (1,000) square feet of finished floor area. Additionally, one (1) off-street parking space is required for each residential dwelling unit.
b. 
The purpose of exempting certain uses from compliance with the City's existing off-street parking requirements and allowing shared parking (see below) is to incentivize the revitalization of the City's commercial nodal areas along Dale Avenue. Reducing and consolidating parking also helps maintain the area's traditional neighborhood character. The rationale for recommending relief from the City's conventional parking requirements is based on the fact the commercial nodal areas are served by on-street parking and are close to residential neighborhoods, the Heights, MetroLink and other destinations that increase the likelihood people will make more trips on foot or bicycle, thus reducing the demand for off-street parking. To ensure parking blends with the existing character of Dale Avenue, the following parking standards are required for all new uses or changes to an existing use:
(1) 
On-street parking should be utilized where site design and traffic patterns permit.
(2) 
Off-street parking spaces should be located to the rear of the principal building or screened, landscaped and/or buffered to minimize visibility from major rights-of-way, residential units and adjoining properties. All parking structures shall be architecturally compatible with the adjacent buildings.
(3) 
Perimeter landscape buffers and curbed planting islands shall be required for all parking lots with five (5) or more spaces.
(4) 
All parking lots shall be screened from public streets and sidewalks, public open spaces and adjacent properties by complying with one (1) of the following landscaping options, and a two (2) foot car overhang area shall be provided in any planting area adjacent to parking stalls not intended for parallel parking.
(a) 
The outside perimeter of all parking areas and drive aisles should include a landscaped area between five (5) to twelve (12) feet in width offering a mixture of deciduous trees, evergreen trees and shrubs.
(b) 
A three (3) to five (5) foot wide perimeter-landscaped area with metal ornamental fencing or a masonry wall supplemented with clusters of shrubs or a continuous hedge row interspersed with deciduous or evergreen trees.
(5) 
All planting areas within or adjacent to a parking lot or vehicular use area should include in-ground irrigation.
(6) 
Unless part of a rain garden or similar runoff collection system, all landscaped areas shall be delineated by a vertical concrete curb.
(7) 
The use of low impact development techniques is encouraged. Low impact development (LID) includes, but is not limited to, the use of permeable pavers, indigenous landscaping, rain gardens, etc.
9. 
Shared parking recommendations. Shared parking is encouraged whenever adjacent uses have varying hours of operation. All requests for shared parking must be included in the "MU" rezoning petition. The final arrangement and shared parking configuration shall be approved by the Planning and Zoning Commission and City Council. The burden should be placed on the petitioner to demonstrate how the shared parking arrangement will work. Applicants shall submit a shared parking feasibility study to identify the number of shared parking spaces needed and solutions to avoid any major conflict between the operating hours of the uses that share parking. Finally, an agreement, executed by the all parties involved, stating the terms and conditions of the shared parking arrangement shall be provided at the time of the "MU" Overlay approval.
10. 
Design guidelines. The intent of the following architectural design guidelines is to ensure that major alterations to existing structures and the construction of new buildings are compatible with the established design, scale and general character of Dale Avenue.
a. 
Architectural continuity. New buildings and additions to existing buildings shall relate to the other buildings on the street in regards to the material and color of the wall and roof, the type and slope of the roof and the proportion of the fenestration (i.e., windows and doors).
b. 
Articulation. Designs should utilize massing offsets and shadow lines to help articulate or break up large expanses of unadorned facades. Architectural details used to articulate the structure may include changes in the building plane (off-sets), columns, balconies and other three-dimensional details that create shadow lines and break up the flat surfaces of the facade.
c. 
Roof and eaves. Roof line offsets and changes in plane should be used to create architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. The use of eaves, alternating dormers, stepped roofs, gables or other roof elements should be used to add visual relief and physical articulation to the overall facade. Flat-roofed designs should include architectural details such as cornices and decorative eaves to provide interest to the roof line.
d. 
Window and entryway treatments. Decorative lintels, sills, glazing, door design, moldings or framing details should be used on windows and entryways located on facades facing or adjacent to public streets to create architectural interest and enhance the pedestrian realm.
(1) 
Primary building entries should be parallel to the front property line and include a stylized entryway such as a recessed entrance, an extruded entrance, truncated corner entryway or other design that creates an enhanced sense of entry.
(2) 
Building frontages and sides of buildings oriented to the street should incorporate a combination of awnings, building-mounted lighting, pedestrian level display windows, storefronts and entrances.
(3) 
Upper story windows should be vertically aligned with the location of windows and doors on the ground level, including storefront or display windows.
e. 
Building materials. The use of external insulating finishing system ("EIFS"), corrugated metal, aluminum siding and vinyl siding should be limited to accent features only. EIFS and vinyl siding should not be used on the bottom four (4) feet of the building facade or other areas where it could be easily damaged by yard equipment or constant contact by vegetation or pedestrians. The use of highly reflective or glossy materials or coatings should be limited to building accents only.
f. 
Awnings and canopies. Non-residential buildings should have an awning or canopy over building entrances that abut a public right-of-way. Awnings emphasize a store or restaurant's entrance, provides shade and weather protection, adds texture to the streetscape and adds interest and variety to the building facade.
g. 
Height. Taller buildings should step down to provide a height transition to existing single-story buildings.
11. 
Outdoor seating.
a. 
Outdoor seating areas must be accommodated on site and shall not conflict or otherwise interfere with the operation of neighboring uses. Businesses requesting seating areas located off site shall file an agreement at City Hall executed by all applicable parties.
b. 
No live music shall be permitted without a special event permit approved by the City for any outdoor seating area.
c. 
Clear and unobstructed walkways shall be provided to allow access to all tables within an outdoor seating area during operating hours. All ingress, egress and walkways accessing the tables shall be in compliance with ADA.
d. 
Use of an outdoor seating area shall not extend past 10:00 P.M., unless specifically authorized by the City.
e. 
The serving of any alcoholic beverage in an outdoor seating environment shall require a conditional use permit.
f. 
In addition to the minimum parking stalls required to accommodate the maximum indoor seating capacity, parking shall be provided for the maximum capacity of patrons the outdoor seating area can accommodate.
12. 
Signs. Mixed use development proposals shall include a sign package illustrating the design, placement and size of all signage. No signage shall obstruct any public right-of-way, including pedestrian pathways, or introduce visual clutter to the streetscape. All signage shall comply with the underlying sign requirements and reinforce the pedestrian scale and character of the Dale Avenue corridor. All signage shall be approved by the Planning Commission.