[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.
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.
[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:
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"R-2A" 7,500 square feet
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"R-2B" 10,000 square feet
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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.
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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.
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.
[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.
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.
[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.
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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.
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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.
[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.
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.
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Single-Family
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5,000 square feet per dwelling unit
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Two-Family
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2,500 square feet per dwelling unit
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Multi-Family
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(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
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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.
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c.
Lot width (measured at the building line).
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Single-Family
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seventy (70) feet
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Two-Family
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seventy (70) feet
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Multi-Family
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(2½ stories or less) seventy (70) feet
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Multi-Family
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(more than 2½ stories) eighty (80) feet
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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.
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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:
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Front to front
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fifty (50) feet
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Back to back
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fifty (50) feet
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Side to side
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twenty (20) feet
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Front to side
|
thirty-five (35) feet
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Back to side
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thirty-five (35) feet
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Corner to corner
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fifteen (15) feet
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The following minimum distance shall be required between structures
in developments with buildings in excess of two and one-half (2½)
stories in heights:
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Front to front
|
sixty (60) feet
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Front to back
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sixty (60) feet
| |
|
Front to side
|
sixty (60) feet
| |
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Side to side
|
fifty (50) feet
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Back to side
|
forty-five (45) feet
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Back to back
|
sixty (60) feet
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Corner to corner
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fifty (50) feet
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In no instance shall a dwelling unit less than four (4) stories
in height face directly upon the rear of another residential building.
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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.
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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.
[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.
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.
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Multi-Family
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800 square feet per dwelling unit
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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.
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c.
Lot width (measured at the building line).
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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
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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.
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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).
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For development of more than one (1) building on the site:
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(4)
Side yard. Not less than ten (10) feet, (to
allow for a minimum of twenty (20) feet between buildings).
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For every multi-family residential structure permitted to be
more than fifty (50) feet in height (see (f) below), additional setbacks
will be required:
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(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.
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The above requirements shall apply to every lot, building or
structure.
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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.
[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.
E.
Use Regulations.
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.
[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.
E.
Use Regulations.
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.
(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.
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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Subclassification
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Requirement
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Planned development — Residential
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Those uses set out in Appendix "A" in the "PD-R" District
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Planned development — Commercial
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Those uses set out in Appendix "A" in the "PD-C" District
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Planned development — Mixed use
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Those uses set out in Appendix "A" under "PD-MxD" (Appendix
"A" is set out at the end of this Chapter)
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Section 405.480 for specific regulations pertaining to motor vehicle related businesses.
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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.
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Subclassification
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Requirement
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Planned development — Residential
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Same as those in Section 405.220
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Planned development — Commercial
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Same as those in Section 405.250
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Planned development — Mixed use
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Those set out in the above referenced Sections as applicable
to the individual uses contemplated by the plan.
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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.
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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.
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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:
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.
