[R.O. 2009 §25-251; Ord. No. 2739 §43-20, 5-20-1985; Ord. No. 3662 §2, 7-19-1999]
The various zoning districts provided for in this Chapter are designed to fulfill the intent and purposes of the Chapter as described in Section
400.030 and further to restrict the location of uses and buildings designed for specific uses, to regulate and limit the height, location and size of buildings, to regulate and limit the intensity, improvement and use of lots, and to regulate and determine the area of yards and other spaces within and surrounding buildings in a manner that will contribute to the orderly growth, quality of life and attractive appearance of the City. For the above purposes and to promote the public health, safety, morals and general welfare of the City, the following districts are hereby authorized:
|
|
Formerly
|
---|
"A"
|
Single-Family Residential District
|
"A"
|
Residence District
|
"B"
|
Single-Family Residential District
|
"B"
|
Residence District
|
"AR"
|
Attached Single-Family Residential District
|
New
|
"MR"
|
Multi-Family Residential District
|
"D"
|
Multiple Dwelling District
|
"RSC"
|
Retail-Service Commercial District
|
"E"
|
Local Commercial District
|
"GC"
|
General Commercial District
|
"F"
|
Commercial District
|
"PD"
|
Planned Development Overlay District
|
New
|
"LID"
|
Light Industrial District
|
"G"
|
Industrial District
|
"FP"
|
Flood Plain Overlay District
|
New
|
"UD"
|
Urban Development District
|
New
|
[R.O. 2009 §25-252; Ord. No. 2739 §43-21, 5-20-1985]
The boundaries of the districts are shown upon the District
Zoning Map as recorded with the County Recorder's office, Clayton,
Missouri. The District Zoning Map, together with all notations, references,
amendments and other information shown thereon, is hereby incorporated
into and made a part of this Chapter and shall have the same force
and effect as if fully set out and described in this Chapter. The
District Zoning Map shall be properly attested and kept on file in
the office of the Clerk of the City. The district zoning boundary
lines on the District Zoning Map shall be determined by use of the
scale appearing on the map.
[R.O. 2009 §25-253; Ord. No. 2739 §§43-22.1 — 43-22.5, 5-20-1985; Ord.
No. 3822 §2, 3-18-2002; Ord. No. 4639 §2, 7-20-2015; Ord. No. 4723 § 5, 8-15-2016; Ord.
No. 4831, 4-16-2018; Ord. No. 5090, 5-15-2023]
A. The
"A" District is intended to provide for the development, protection
and conservation of areas of predominantly single-family detached
residences on lots of not less than ten thousand (10,000) square feet.
B. Permitted
Uses. Any structure or land in the "A" Single-Family Residential District
may be used for the following purposes subject to the other provisions
and limitations of this Chapter and of other applicable ordinances
and Statutes of the City, County or State:
1. Detached single-family dwellings used for residential purposes which
shall not be construed to include short-term rental of such dwelling
or operation of a boardinghouse or similar accommodations;
2.
Group Homes. No group home shall be located within five hundred
(500) feet of another group home. The exterior appearance of the home
and property shall be in reasonable conformance with the general neighborhood
standards. Group homes shall be eleemosynary or not-for-profit in
nature;
3. Public parks, playgrounds and publicly owned libraries and community
buildings;
4. Private parks, open space and recreation facilities owned and maintained
in common by the residents of a subdivision;
5. Home occupations as provided in Article
V, Division 2;
6. Accessory uses as provided in Article
V, Division 3.
C. Conditional Uses. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Article
II, Division 6, after receipt of the recommendation of the Planning and Zoning Commission and subject to such restrictions and conditions as are deemed necessary. The Board, by simple majority vote, may add any restriction or condition it feels appropriate.
1. Public utility substations and transmission facilities;
3. Churches and other houses of worship, on lots of not less than one-half
(1/2) acre;
4. Child day care centers, on lots of not less than one-half (1/2) acre;
5. Adult day care centers for the elderly and persons with disabilities,
on lots of lot less than one-half (1/2) acre. As used in this Subsection,
"adult day care" shall mean offering supervised daytime programing
for older adults and/or adults with development disabilities and may
include offering overnight respite care for families who care for
adult person(s) with disabilities. Adult day care services may, but
need not, be offered in conjunction with operation of a group home;
6. Public or private not-for-profit schools, on lots of not less than
one-half (1/2) acre.
D. Use
Regulations.
1. Lot Size Requirements (see Section
400.1860).
a. Minimum Lot Area. Ten thousand (10,000) square feet.
b. Minimum Lot Width. Fifty (50) feet.
c. Minimum Lot Depth. Eighty (80) feet.
2. Building Bulk Regulations. Maximum structure height, see Section
400.1850: two and one-half (2 1/2) stories or thirty-five (35) feet, whichever is less.
3.
a. Minimum Front Yard. Twenty-five (25) feet.
b. Minimum Side Yard. Eight (8) feet.
c. Minimum Rear Yard. At least twenty-five (25) feet.
4. Maximum Building Coverage. Twenty-five percent (25%).
5. Driveways And Off-Street Parking.
a. All driveways must be paved with a durable, dust-free, load-bearing
surface and may not exceed an area equal to forty percent (40%) of
the area of the yard in which the driveway is located. The driveway
may not be wider than the width of the garage plus twenty-four (24)
inches as measured at the main opening in width of door, but in no
event shall the driveway exceed forty percent (40%) of the front or
rear yard area in which the driveway is located.
b. For remaining off-street parking regulations, see Article
IV.
6. Environmental Controls. All development shall conform with the environmental performance standards provided in Article
V, Division 6 and with all other appropriate environmental controls including those relating to landscaping, lighting, buffering, storm water detention and erosion control provided in Article
V.
E. Use
Limitations. There are no use limitations specified.
[R.O. 2009 §25-254; Ord. No. 2739 §§43-23.1 — 43-23.5, 5-20-1985; Ord.
No. 3822 §3, 3-18-2002; Ord. No. 4639 §3, 7-20-2015; Ord. No. 4723 § 5, 8-15-2016; Ord.
No. 4831, 4-16-2018; Ord. No. 5090, 5-15-2023]
A. Purpose.
The "B" District is intended to provide for the development, protection
and conservation of areas of predominantly single-family detached
residences on lots of not less than five thousand (5,000) square feet.
B. Permitted
Uses. Any structure or land in the "B" Single-Family Residential District
may be used for the following purposes, subject to all of the other
provisions and limitations of this Chapter and of other applicable
regulations, ordinances and Statutes of the City, County or State.
1. Detached single-family dwellings used for residential purposes which
shall not be construed to include short-term rental of such dwelling
or operation of a boardinghouse or similar accommodations;
2.
Group Homes. No group home shall be located within five hundred
(500) feet of another group home. The exterior appearance of the home
and property shall be in reasonable conformance with the general neighborhood
standards. Group homes shall be eleemosynary or not-for-profit in
nature;
3. Public parks, playgrounds and publicly owned libraries and community
buildings;
4. Private parks, open space and recreation facilities owned and maintained
in common by the residents of a subdivision;
5. Home occupations as provided in Article
V, Division 2;
6. Accessory uses as provided in Article
V, Division 3.
C. Conditional Uses. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Article
II, Division 6, after receipt of the recommendation of the Planning and Zoning Commission and subject to such restrictions and conditions as are deemed necessary. The Board, by simple majority vote, may add any restrictions or conditions it feels appropriate.
1. Public utility substations and transmission facilities;
3. Churches and other houses of worship, on lots of not less than one-half
(1/2) acre;
4. Child day care centers, on lots of not less than one-half (1/2) acre;
5. Adult day care centers for the elderly and persons with disabilities,
on lots of lot less than one-half (1/2) acre. As used in this Subsection,
"adult day care" shall mean offering supervised daytime programing
for older adults and/or adults with development disabilities and may
include offering overnight respite care for families who care for
adult person(s) with disabilities. Adult day care services may, but
need not, be offered in conjunction with operation of a group home;
6. Public or private not-for-profit schools or recreational buildings,
on lots of not less than one-half (1/2) acre;
7. Educational or recreational buildings, or both, of non-profit institutions;
provided that such buildings are on a tract of ground under single
ownership containing four (4) or more acres.
D. Use
Regulations.
1. Lot Size Requirements (see Section
400.1860).
a. Minimum Lot Area. Five thousand (5,000) square feet.
b. Minimum Lot Width. Forty (40) feet.
c. Minimum Lot Depth. Seventy-five (75) feet.
2. Building Bulk Regulations. Maximum structure height, see Section
400.1850: Two and one-half (2 1/2) stories or thirty-five (35) feet, whichever is less.
3.
a. Minimum Front Yard. Twenty-five (25) feet.
b. Minimum Side Yard. Five (5) feet.
c. Minimum Rear Yard. At least twenty (20) feet.
4. Maximum Building Coverage. Forty percent (40%).
5. Driveways And Off-Street Parking.
a. All driveways must be paved with a durable, dust-free, load-bearing
surface and may not exceed an area equal to forty percent (40%) of
the area of the yard in which the driveway is located. The driveway
may not be wider than the width of the garage plus twenty-four (24)
inches as measured at the main opening in width of door, but in no
event shall the driveway exceed forty percent (40%) of the front or
rear yard area in which the driveway is located.
b. For remaining off-street parking regulations, see Article
IV.
6. Environmental Controls. All development shall conform with the environmental performance standards provided in Article
V, Division 6 and with all other appropriate environmental controls including Section
400.1880 and Article
V, Division 7.
E. Use
Limitations. There are no use limitations specified.
[R.O. 2009 §25-255; Ord. No. 2739 §§43-24.1 — 43-24.6, 5-20-1985]
A. Purpose. The purpose of the "AR" District is to protect
and conserve as well as to provide for the development of attached,
single-family residences, including duplexes, town houses, condominium
apartment dwellings as well as detached single-family residences,
at a density not to exceed twelve (12) units per acre.
B. Permitted Uses.
1. Detached single-family dwellings used for residential purposes which
shall not be construed to include short-term rental of such dwelling
or operation of a boardinghouse or similar accommodations;
[Ord. No. 4831, 4-16-2018]
2. Attached single-family dwellings, including two-family dwellings
or duplexes and town houses, used for residential purposes which shall
not be construed to include short-term rental of such dwelling or
operation of a boardinghouse or similar accommodations;
[Ord. No. 4831, 4-16-2018]
3.
Group homes. No group home shall be located
within five hundred (500) feet of another group home. The exterior
appearance of the home and property shall be in reasonable conformance
with the general neighborhood standards. Group homes shall be eleemosynary
or not-for-profit in nature;
[Ord. No. 4639 §4, 7-20-2015]
5. Private parks, open space and recreation facilities owned and maintained
in common by the residents of a subdivision or condominium association;
6. Home occupations, as provided in Article
V, Division 2;
7. Accessory uses as provided in Article
V, Division 3.
C. Conditional Uses. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Article
II, Division 6, after receipt of the recommendation of the Planning and Zoning Commission and subject to such restrictions and conditions as are deemed necessary. The Board, by simple majority vote, may add any restrictions or conditions it feels appropriate.
[Ord. No. 4723 § 5, 8-15-2016]
1. Apartment dwellings for condominium ownership including garden apartments
or low-rise elevator apartment buildings;
3. Churches and other houses of worship, on lots of not less than one-half
(½) acre;
4. Public or private not-for-profit schools, on lots of not less than
one-half (½) acre;
5. Public utility substations and transmission facilities;
6. Child day care centers, on lots of not less than one-half (½)
acre.
D. Use Regulations.
1. Development site requirements. No site shall be
developed within the "AR" District for a permitted use unless meeting
the following minimum standards, whether the site is to be further
subdivided into residential lots for attached or detached single-family
residences or occupied under condominium ownership:
a. Minimum site area. One-half (½) acre (21,780
square feet).
b. Minimum site width. One hundred (100) feet.
2. Bulk regulations.
a. Maximum structure height, see Section
400.1850. Three (3) stories or thirty-five (35) feet.
b. Maximum density. Twelve (12) dwelling units per
net acre.
3. Yard and setback requirements. (see Sections
400.1840 and
400.1870). The following yard and setback requirements will apply at the perimeter of any site being developed in the "AR" District by an individual owner or developer:
|
|
|
Main Building
|
Accessory Building
|
Swimming Pool 2/Enclosure
|
---|
|
a.
|
Minimum front yard or side yard at street (in feet)
|
25
|
25
|
25
|
|
b.
|
Minimum side yard (in feet)
|
5
|
5
|
5
|
|
c.
|
Minimum rear yard (in feet)
|
10
|
10
|
6
|
4. Off-street parking. See Article
IV.
5. Environmental controls. All development shall conform with the environmental performance standards provided in Article
V, Division 6 and with all other appropriate environmental controls including Section
400.1880 and Article
V, Division 8.
E. Development Standards. The following standards are intended
to ensure the provision of adequate sunlight, open space and privacy
for the occupants of detached or attached single-family dwellings
such as town houses or duplexes:
|
|
Detached Single-Family Dwellings
|
Attached Single-Family Dwellings
|
---|
|
Duplex
|
Townhouse
|
---|
|
Minimum lot size or site area occupied by each unit (in square
feet per unit)
|
5,000
|
2,500
|
2,000
|
|
Minimum lot width (in feet per unit)
|
40
|
20
|
20
|
|
Minimum building width (in feet per unit)
|
NA
|
20
|
20
|
|
Maximum building coverage (percent)
|
35
|
40
|
45
|
|
Minimum private open space not common open space (in square
feet per unit)
|
1,500
|
750
|
600
|
|
Front yard setback (from right- of-way, in feet)
|
25
|
25
|
25
|
|
Minimum distance between separate buildings or cluster of units
(in feet)
|
20
|
20
|
20
|
|
Side yard setback (where units not attached, in feet)
|
10 (both)
0 (one side)
|
10
|
None or 5
|
|
Minimum project size, number of units
|
N/A
|
8
|
10
|
|
Rear yard depth (in feet)
|
20
|
20
|
20
|
F. Use Limitations.
1. A minimum of one-half (½) acre shall be required for the establishment
of an "AR" District unless in the judgment of the Board of Aldermen
a smaller district is justified in a transitional circumstance separating
a lower density residential district from a higher density residential,
a commercial or industrial district.
2. Every development of attached or detached single-family dwellings
within this district shall be in accordance with an approved subdivision
plat or shall be accompanied by a condominium agreement legally executed
and recorded in the County for the residential units within the development.
[R.O. 2009 §25-256; Ord. No. 2739 §§43-25.1 — 43-25.7, 5-20-1985; Ord.
No. 2830 §1, 9-15-1986; Ord. No. 3033 §8, 10-16-1989]
A. Purpose. The "MR" District is intended to provide, by site
plan approval for the development, protection and conservation of
apartment dwellings built for rental occupancy or condominium ownership
of individual dwelling units within multi-family buildings.
B. Permitted Uses. Any structure or land in the "MR" Multi-Family
Residential District may be used for the following purposes, subject
to all of the other provisions of this Chapter and of other applicable
regulations, ordinances and Statutes of the City, County or State.
1. Attached and detached single-family dwellings, including town houses
and duplexes, used for residential purposes which shall not be construed
to include short-term rental of any individual dwelling;
[Ord. No. 4831, 4-16-2018]
2. Garden or walk-up apartments used for residential purposes which
shall not be construed to include short-term rental of any individual
dwelling unit;
[Ord. No. 4831, 4-16-2018]
3. Elevator apartments used for residential purposes which shall not
be construed to include short term rental of any individual dwelling
unit;
[Ord. No. 4831, 4-16-2018]
4. Apartments for the elderly;
5.
Group homes. No group home shall be located
within five hundred (500) feet of another group home. The exterior
appearance of the home and property shall be in reasonable conformance
with the general neighborhood standards. Group homes shall be eleemosynary
or not-for-profit in nature;
[Ord. No. 4639 §5, 7-20-2015]
7. Private parks, open space and recreation facilities owned and maintained
by the owner of an apartment building or complex or, in common by
the condominium owners of apartments or town houses built within this
district;
8. Accessory uses as provided in Article
V, Division 3.
C. Conditional Uses. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Article
II, Division 6, after receipt of the recommendation of the Planning and Zoning Commission and subject to such restrictions and conditions as are deemed necessary. The Board, by simple majority vote, may add any restrictions or conditions it feels appropriate.
[Ord. No. 4723 § 5, 8-15-2016]
1. Public utility substations and transmission facilities;
2. Churches and other houses of worship, on lots of not less than one-half
(½) acre;
4. Child day care centers, on lots of not less than one-half (½)
acre;
5. Public or private not-for-profit schools, on lots of not less than
one-half (½) acre;
6. Accessory retail sales or services designed to serve only the residents
of a given multi-family apartment development and without any visible
signage or advertising.
D. Site Plan Approval Required. A site plan shall be required for all proposed developments within the "MR" District as provided in Article
II, Division 9.
E. Development Standards For Multiple-Family Dwellings. Development
standards for multiple-family dwellings are as follows:
1. Maximum density. Twenty (20) units per net acre, exclusive of public rights-of-way or the right-of-way of major private internal circulation streets. Apartments designed exclusively for the elderly with corresponding parking per Article
IV may be built at a maximum density of thirty (30) units per net acre.
2. Bulk regulations. Maximum structure height is four
(4) stories or fifty (50) feet.
3. Yard and setback requirements.
a. Minimum front yard.
(1)
With parking in front of building, fifty (50) feet with a minimum
ten (10) foot landscape buffer at the right-of-way.
(2)
Without parking in front of building, thirty (30) feet.
b. Minimum side or rear yard. No building built within
this district shall be located closer than fifteen (15) feet from
any side or rear property line. If any property adjacent to the site
is zoned to an "A", "B" or "AR" zoning classification, all buildings
less than three (3) stories or thirty-five (35) feet in height, whichever
shall be greater, shall be set back a minimum of fifty (50) feet from
the property line abutting such a district. All buildings taller than
three (3) stories or thirty-five (35) feet shall be set back a minimum
of one (1) additional foot for each additional foot in height from
property zoned to an "A", "B" or "AR" category. Only landscaping and
fences serving as a buffer may be located within the first twenty-five
(25) feet of the resulting setbacks.
4. Maximum site coverage. Fifty-five percent (55%).
5. Off-street parking and loading. See Article
IV.
6. Environmental controls. All development shall conform with the environmental performance standards provided in Article
V, Division 6 and with all other appropriate environmental controls including Section
400.1880 and Article
V, Division 7.
F. Development Standards — Single-Family Dwellings. The standards for development of all detached single-family dwellings within this district shall be governed by the requirements of Subsection
(E).
G. Use Limitations.
1. Elevators shall be provided for vertical circulation in any instance
where a resident would otherwise be required to walk up a vertical
distance of two (2) stories or twenty (20) feet from the front or
primary entrance of a building to the entrance of the apartment or
dwelling.
2. All ingress and egress to property within the "MR" District from a public right-of-way shall be subject to specific approval by the Planning and Zoning Commission by site plan approval as provided in Article
II, Division 9.
3. Every development of attached or detached single-family dwellings
within this district shall be in accordance with an approved subdivision
plat or shall be accompanied by a condominium agreement legally executed
and recorded in the County for the residential units within the development.
[R.O. 2009 §25-257; Ord. No. 2739 §§43-26.1 — 43-26.6, 5-20-1985; Ord.
No. 3455 §2, 12-4-1995; Ord. No. 3543 §4, 6-16-1997; Ord.
No. 3662 §4, 7-19-1999; Ord. No. 3752 §§1 —
2, 2-5-2001; Ord. No. 3847 §1, 10-21-2002; Ord. No. 3942 §2, 6-21-2004; Ord. No. 4115 §1, 2-4-2008]
A. Purpose. The "RSC" Retail-Service Commercial District is
intended to primarily accommodate convenience retail shopping, services
and professional offices which are compatible in scale and intensity
of use with adjacent residential uses.
B. Permitted Uses. Any structure or land in the "RSC" Retail-Service
Commercial District may be used for the following purposes, subject
to all of the other provisions and limitations of this Chapter and
of other applicable regulations, ordinances and Statutes of the City,
County or State. Within the "RSC" District, permitted uses are prescribed
for different classes of sites based on site size.
1. Class A: Less than one-half (½) acre. The following uses are
permitted on sites of one-half (½) acre (21,780 square feet)
or less in area:
b. Accessory uses as provided in Article
V, Division 3.
2. Class B: More than one-half (½) acre. The following uses are
permitted on sites of one-half (½) acre (21,780 square feet)
or greater provided that the total gross leasable floor area of any
single store, shop, establishment or office facility shall not exceed
five thousand (5,000) square feet in area.
a. Personal service businesses;
b. Bakery shops, including the processing of bakery goods for sale only
on the premises;
d. Grocery stores, delicatessens and specialty food sales;
f. Dry cleaning pickup stations but no plants or laundry facilities;
g. Books, stationery stores;
h. Ice cream and candy store;
j. Churches and other houses of worship;
l. Private child day care centers;
m. Public or private non-commercial parks or open space;
n. Public or private not-for-profit schools;
o. Public facilities of an administrative, recreational, transportation
or public safety function, but excluding maintenance, storage or service
facilities;
p. Accessory uses as provided in Article
V, Division 3;
q. Any use which in the judgment of the Planning and Zoning Commission is essentially identical or very similar to one (1) or more of the above listed uses and which conforms with the intent and purpose of this Section and with the use limitations provided in Subsection
(F);
s. Bicycle sales and repair shop;
u. Electric radio and television repair shops;
C. Conditional Uses. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Article
II, Division 6, after receipt of the recommendation of the Planning and Zoning Commission and subject to such restrictions and conditions as are deemed necessary. The Board, by simple majority vote, may add any restrictions or conditions it feels appropriate.
[Ord. No. 4723 § 5, 8-15-2016]
1. Class A:
a. Public utility substations and transmission facilities;
b. Personal service businesses;
d. Books and stationery stores;
e. Ice cream and candy stores;
g. Dry cleaning pickup stations provided they do not involve plants
or laundry facilities;
h. Public or private non-commercial parks and open spaces;
i. Any use, which in the judgment of the Zoning Administrator, is essentially identical to or, similar to, one (1) or more of the above listed uses and which conforms with the intent and purpose of this Section and with the use limitations provided in Subsection
(F).
2. Class B:
a. All uses in Subsection
(B) which exceed five thousand (5,000) square feet;
b. Motor vehicle filling and service stations, see Article
V, Division 4;
c. Drive-in or carry-out sales of food or other goods or services including
drive-in banking facilities;
e. Motor vehicle repairs and washing, including the regular installation
of accessories, tires or batteries;
f. Indoor or outdoor commercial entertainment or recreation facilities
including, but not limited to, video games, theatres, bowling, swimming
pools, miniature golf, etc.;
g. Sales, rental, leasing or storage of motor vehicles, trailers, boats
or aircraft;
h. Public utility substations and transmission facilities;
i. Restaurant, tavern or cocktail lounge;
j. Orphanage or children's home;
k. Nursing or retirement home;
m. Residential use attached or on the same premises as a permitted use
provided the permitted commercial use is the primary use;
n. Dry cleaning or laundry facility;
o. Sale of goods at wholesale;
p. Check-cashing business (classified under NAICS Code 522390) and personal
credit institutions (all uses within NAICS Code 522210) based on the
following special criteria:
(1)
All property lines of the lot on which the business is located
shall be at least three hundred (300) feet from the nearest property
line of any church, synagogue or similar place of worship, any school
or any residentially zoned property;
(2)
All property lines of the lot on which the business is located
shall be at least one thousand (1,000) feet from the nearest property
line of any other use classified within NAICS Code 522390 or NAICS
Code 522210 or any pawnshop, including such businesses or pawnshops
located outside the Brentwood City limits;
(3)
The establishment shall not be open for business between the
hours of 8:00 P.M. and 7:00 A.M.;
(4)
The establishment shall have an interior space for patrons to
transact business and shall have no drive-up or walk-up window;
(5)
No bars, heavy mesh screens or similar material shall be allowed
on the exterior of the building and no such material located on the
interior of the building shall be visible from the outside of the
building;
(6)
Such additional criteria deemed necessary by the Board of Aldermen
to protect the public health, safety and welfare.
r. Tattoo, body piercing or branding establishments;
D. Site Plan Required. A site plan shall be required for all proposed developments within the "RSC" District as provided in Article
II, Division 9.
E. Use Regulations.
1. Lot size requirements.
a. Minimum lot area. Seven thousand five hundred (7,500)
square feet.
b. Minimum lot width. Fifty (50) feet.
c. Minimum lot depth. One hundred (100) feet.
2. Building bulk regulation.
a. Maximum structure height. Two and one-half (2½)
stories or thirty-five (35) feet.
b. Maximum site coverage. Seventy percent (70%).
c. Maximum floor area ratio. One-half (½).
3. Yard and setback requirements.
a. Minimum front yard. No building or structure shall be located closer than twenty-five (25) feet from a public right-of-way. If parking is to be located in front of a building or structure, the structure or building shall be set back a minimum of fifty (50) feet from the right-of-way. The provisions of Section
400.1840 shall prevail where applicable on major streets and highways. In every instance, the first ten (10) feet of the front yard setback from the right-of-way shall be provided with and maintained with sidewalks, unless improved sidewalks exist in the abutting public right-of-way, and with landscaping, including, but not limited to, deciduous trees at regular intervals.
b. Minimum side yard. None required where commercial
buildings are constructed simultaneously with party walls or fire
walls or, if abutting a public alley. If a side yard is provided or
if the property abuts property of a different zoning classification,
a minimum side yard of twelve (12) feet shall be provided.
c. Minimum rear yard. None required where property
abuts "RSC" or "GC" commercial districts or the "LID" Light Industrial
District. A twenty-five (25) foot rear yard shall be provided where
property abuts a residential zoning district.
d. Transitional yards. Where a side or rear lot line
coincides with a side or rear lot line of any lot in an adjacent residential
zoning district ("A", "B", "AR" or "MR"), 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.
4. Off-street parking and loading. See Article
IV.
5. Environmental controls. All development shall conform with the environmental performance standards provided in Article
V, Division 6 and with all other appropriate environmental controls, including Section
400.1880 and Article
V, Division 7.
7. Architectural standards. The following standards
shall apply to construction in this district.
a. The use of metal siding is prohibited on any elevation of any building
that is visible from Manchester Road, Brentwood Boulevard, Eager Road
or Hanley Road and on any elevation that abuts property that is zoned
or used for residential purposes. This requirement does not pertain
to metal roofs.
b. If mechanical HVAC equipment that is installed on the roof of any
structure in this district is visible from grade level in residential
areas or is visible from Manchester Road, Brentwood Boulevard, Eager
Road or Hanley Road, said equipment shall be screened by a wall with
a finish surface compatible in design and color to that which is used
as a finish building wall material. The purpose of the screen is to
prevent said equipment from being visible from residential areas while
serving as a deterrent to the transmission of sound into residential
areas.
F. Use Limitations
1. All business establishments shall be retail or service establishments dealing directly with consumers primarily and all goods produced or treated on the premises shall be sold at retail on the premises where produced unless otherwise permitted by conditional use permit, see Article
II, Division 6 to be sold at wholesale.
2. All businesses, services, storage, merchandise display, repairing and processing shall be conducted wholly within an enclosed building, except for accessory off-street motor vehicle parking for customers, employees, residents or visitors, and off-street loading, or unless expressly permitted by a conditional use permit, see Article
II, Division 6 of this Chapter.
3. Processes and equipment employed and goods processed or sold should
be limited to those which are not objectionable by reason of odor,
dust, smoke, cinders, gas, noise, vibration, refuse matter, water-carried
waste, pollutants or matter which in any manner create or constitute
a nuisance.
[R.O. 2009 §25-258; Ord. No. 2739 §§43-27.1 — 43-27.6, 5-20-1985; Ord.
No. 2776 §1, 2-17-1986; Ord. No. 3099 §1, 11-19-1990; Ord. No. 3461 §2, 2-5-1996; Ord. No. 3543 §4, 6-16-1997; Ord.
No. 3662 §5, 7-19-1999; Ord. No. 3752 §§1 —
2, 2-5-2001; Ord. No. 3847 §1, 10-21-2002; Ord. No. 4115 §1, 2-4-2008; Ord. No. 4175 §1, 4-6-2009]
A. Purpose. The "GC" General Commercial District is intended,
by site plan approval and other procedures hereinafter set forth,
to provide for the development of retail commercial, business service
and office uses.
B. Permitted Uses. Any structure or land in the "GC" General
Commercial District may be used for the following purposes, subject
to all of the other provisions and limitations of this Chapter and
of other applicable regulations, ordinances and Statutes of the City,
County or State. Within the "GC" District, permitted uses are prescribed
for different classes of sites based on site size.
1. Class A: Less than one-half (½) acre. The following uses are
permitted on sites of one-half (½) acre (21,780 square feet)
or less in area:
b. Accessory uses as provided in Section Article
V, Division 3.
2. Class B: More than one-half (½) acre. The following uses are
permitted on sites of one-half (½) acre (21,780 square feet)
or greater:
a. Stores in which beverages, pharmaceuticals, household supplies and
personal use items are sold at retail;
b. Retail service establishments, including:
(3)
Dry cleaning pickup stations but no plants or laundry facilities;
(4)
Self-service laundry and dry cleaning establishments;
(10)
Opticians and optometrists.
3. Grocery stores, delicatessens and specialty food sales;
4. Bakeries, including the processing of bakery goods for sale only
on the premises;
5. Household appliance sales and repair;
6. Home and office furniture and furnishings sales and repair, including
antiques and interior decorations;
7. Pet shops, pet sales, food and supplies;
9. Hardware, paint, glass or wallpaper sales;
10. Medical or dental clinic or laboratory;
11. Printing, lithography and publishing, including office duplicating;
12. Retail stores providing for the sale of consumer goods normally found
in a shopping center, including the sale of clothing and apparel,
equipment for hobbies and sports, gifts, plants, dry goods and toys;
13. Auditoriums and other assembly halls;
15. Private clubs, lodges or organizations of a fraternal or religious
nature;
16. Undertaking establishments and funeral parlors;
17. Radio, television broadcasting studios;
18. Private or public schools;
19. Churches and other houses of worship;
20. Financial institutions without separate, freestanding drive-in facilities;
21. Public facilities of an administrative, recreational, transportation
or public safety function, but excluding maintenance, storage or service
facilities;
22. Veterinarian or animal hospital.
C. Conditional Uses. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Article
II, Division 6, after receipt of the recommendation of the Planning and Zoning Commission and subject to such restrictions and conditions as are deemed necessary. The Board, by simple majority vote, may add any restriction or condition it feels appropriate.
[Ord. No. 4723 § 5, 8-15-2016; Ord.
No. 5008, 3-7-2022]
1. Class A: [Less than one-half (1/2) acre.]
a. Public utility substations and transmission facilities;
b. Personal service businesses;
d. Books and stationery stores;
e. Ice cream and candy stores;
g. Dry cleaning pickup stations provided they do not involve plants
or laundry facilities;
h. Public or private non-commercial parks and open spaces;
i. Any use, which in the judgment of the Zoning Administrator, is essentially identical to or, similar to one (1) or more of the above listed uses and which conforms with the intent and purpose of this Section and with the use limitations provided in Subsection
(E).
2. Class B: [More than one-half (1/2) acre.]
a. Public utility substations and transmission facilities, collection
facilities and processing plants;
b. Private child day care centers or nurseries;
c. Nursing or retirement homes;
d. Enclosed or open recreational uses, including, but not limited to,
video games, tennis, handball or paddleball, swimming, skating, gymnasium
or health club, bowling, etc., but excluding outdoor theaters;
g. Drive-in or carry-out sales of foods or of other goods or services,
including freestanding drive-in banking facilities;
h. Taverns and cocktail lounges;
i. Dry cleaning or laundry facility;
j. Pet boarding facility, including day care and overnight boarding
for domesticated dogs and cats.
D. Use Regulations.
1. Lot size requirements.
a. Minimum lot area. Seven thousand five hundred (7,500)
square feet.
b. Minimum lot width. Fifty (50) feet.
c. Minimum lot depth. One hundred (100) feet.
2. Building bulk regulations.
a. Maximum structure height. Two and one-half (2½)
stories or thirty-five (35) feet.
b. Maximum site coverage. Seventy percent (70%).
c. Maximum floor area ratio. One-half (½).
3. Yard and setback requirements:
a. Minimum front yard. No building or structure shall be located closer than twenty-five (25) feet from a public right-of-way. If parking is to be located in front of a building or structure, the structure or building shall be set back a minimum of fifty (50) feet from the right-of-way. The provisions of Section
400.1840 shall prevail where applicable on major streets and highways. In every instance, the first ten (10) feet of the front yard setback from the right-of-way shall be provided with and maintained with sidewalks, unless improved sidewalks exist in the abutting public right-of-way, and with landscaping including, but not limited to, deciduous trees at regular intervals.
b. Minimum side yard. None required where commercial
buildings are constructed simultaneously with party walls or fire
walls or, if abutting a public alley. If a side yard is provided or
if the property abuts property of a different zoning classification,
a minimum side yard of twelve (12) feet shall be provided.
c. Minimum rear yard. None required where property
abuts an "RSC" or "GC" commercial district or a "LID" Light Industrial
District. If any property adjacent to the site is zoned to an "A",
"B", "AR" or, "MR" zoning classification, there shall be a twenty-five
(25) foot rear yard.
d. Transitional yards, etc.
(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 ("A",
"B", "AR" or "MR"), then a landscaped yard of at least twelve (12)
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.
(2)
Where the rear or side wall of any non-residential structure is located directly across the street from the front yard of any residential structure located in a residential district, a landscaped yard of at least twelve (12) feet in width shall be provided along the entire length of such rear or side wall. The transitional yard requirement may be modified by conditional use permit or by site plan approval as provided in Article
II, Division 6. Such modifications may impose more stringent or less stringent requirements.
4. Off-street parking and loading. See Article
IV.
5. Environmental controls. All development shall conform with the environmental performance standards provided in Article
V, Division 6 and with all other appropriate environmental controls, including Section
400.1880 and Article
V, Division 7.
7. Architectural standards. The following standards
shall apply to construction in this district.
a. The use of metal siding is prohibited on any elevation of any building
that is visible from Manchester Road, Brentwood Boulevard, Eager Road
or Hanley Road and on any elevation that abuts property that is zoned
or used for residential purposes. This requirement does not pertain
to metal roofs.
b. If mechanical HVAC equipment that is installed on the roof of any
structure in this district is visible from grade level in residential
areas or, is visible from Manchester Road, Brentwood Boulevard, Eager
Road or Hanley Road, said equipment shall be screened by a wall with
a finish surface compatible in design and color to that which is used
as a finish building wall material. The purpose of the screen is to
prevent said equipment from being visible from residential areas while
serving as a deterrent to the transmission of sound into residential
areas.
E. Use Limitations.
1. All businesses, services, storage, merchandise display, repairing and processing shall be conducted wholly within an enclosed building, except for accessory off-street motor vehicle parking for customers, employees, residents or visitors and off-street loading or unless expressly permitted by conditional use permit (see Article
II, Division 6).
2. Used motor vehicles, trailers, boats or recreation vehicles may be
sold only in conjunction with and on the same lot or site as the sale
of new vehicles of the same type and under the same business ownership
or management.
3. Processes and equipment employed and goods processed or sold should
be limited to those which are not objectionable by reason of odor,
dust, smoke, cinders, gas, noise, vibration, refuse matter, water-carried
waste, pollutants or matter which in any manner create or constitute
a nuisance.
4. Site plan approval by the Board of Aldermen on the recommendation
of the Planning and Zoning Commission shall be required for all proposed
developments in the "GC" General Commercial District.
[Ord. No. 4873, 4-1-2019]
A. Purpose. The "MC" Manchester Corridor Commercial District is intended,
by site plan approval, design standards, supplemental standards, and
other procedures hereinafter set forth, to provide for the development
of retail commercial, office, business and personal service, and multi-family
uses for an area along either side of the Manchester Road corridor
in the City of Brentwood. It is intended to promote larger planned,
mixed-use development with an emphasis on architecture and site design
that creates a distinct character for the area and promotes property
assembly to create unified land use development. The purposes of this
district include the following goals and objectives:
1.
Reduce vehicular access points for greater pedestrian and vehicular
traffic safety;
2.
Limit permitted uses for smaller parcels to encourage and promote
property assembly for larger, planned mixed-use development;
3.
Create a pedestrian-friendly, walkable environment with clear
and ample access to the City and Great Rivers Greenway trail system
and open-spaces along the flood mitigation areas;
4.
Encourage building site placement and design that encourages
creation of a "sense of place" and capitalizes on the trail and park-like
areas that the flood mitigation project will create in the area;
5.
Promote a mix of land uses and density that creates an identity
for the area and can offer the potential to create a "live/work" environment
that can take advantage of the District's proximity to public transit;
6.
Encourage increased private investment that will more closely
mirror the City's significant investment to mitigate/eliminate the
recurrent flooding;
7.
Provide benefit to existing property owners though flood mitigation
and the increased value of land that these regulations promote.
B. Applicability. These provisions of this Section shall apply to all
development within the "MC" District involving:
1.
New construction on a vacant or cleared site;
2.
Rehabilitation of existing structures which exceeds current
market value of the land and improvements according to the most recent
St. Louis County Assessor market valuation by more than fifty percent
(50%);
3.
Represents a change of use from its most recent or current use
to a use not of the same type; or
4.
Is no longer a legally non-conforming use in accord with the provisions of Article
VI, Division 1 and Division 2 of this Chapter.
5.
In addition, site plan approval by the Board of Aldermen on the recommendation of the Planning and Zoning Commission in accord with the provisions of Article
II, Division 9 of this Chapter shall be required for all proposed developments in the "MC" Manchester Corridor Commercial District involving new construction on a cleared site or renovation/rehabilitation of an existing building requiring a building permit.
C. Permitted And Conditional Uses — General. Any structure or land in the "MC" Corridor Commercial District may be used for purposes as listed in Subsections
(D) and
(E) of this Section, subject to all other provisions and limitations of this Chapter and of other applicable regulations, ordinances and Statutes of the City, County or State. Within the "MC" District, permitted and conditional uses are prescribed for different sites based on site size; however, permitted uses and conditional uses are subject to the following additional requirements and restrictions:
1.
All development shall be in accordance with the City's adopted
Comprehensive Plan or parts thereof or applicable amendments, including
proposed land use and public improvement elements.
2.
All business, services, storage, merchandise display, repairing
and processing shall be conducted wholly within an enclosed building,
except for the following:
a.
Accessory off-street motor vehicle parking for customers, employees,
residents or visitors and off-street loading;
b.
Outdoor area of display of seasonal merchandise or other uses defined as "special uses" in Article
I, Section
400.020 and subject to the provisions thereof;
c.
Other uses expressly permitted by conditional use permit (see Article
II, Division 6).
3.
Used motor vehicles (automobiles, light trucks, and motorcycles
capable of being titled and licensed under Missouri law), may be sold
only in conjunction with and on the same lot or site as the sale of
new vehicles of the same type and under the same business ownership
or management.
4.
Processes and equipment employed, and goods processed or sold,
should be limited to those which are not objectionable by reason of
odor, dust, smoke, cinders, gas, noise, vibration, refuse matter,
water-carried waste, pollutants or matter which in any manner create
or constitute a nuisance.
D. Permitted Uses. Depending on the site size as described below, the
following uses are permitted in the "MC" District.
1.
Class A: Two (2) Acres Or Greater. In addition to the permitted
Class B and Class C uses, the following uses are permitted on sites
of two (2) acres (87,120 square feet) or greater:
b.
Retail stores providing for the sale of new consumer goods (i.e.,
clothing and apparel, equipment for hobbies and sports, jewelry, books,
candy, gifts, dry goods, toys, etc.) and including the sale of plants,
pet shops, and bakeries;
c.
Personal service establishments, including beauty shops, nail
salons, dry cleaning pick-up stations but no plants or laundry facilities,
custom dressmaking and tailoring, photography studio, spas and massage
therapy (subject to definition of a massage therapy business);
d.
Grocery stores, delicatessens and specialty food sales;
e.
Home and office furniture and furnishings sales and repair,
including antiques and interior decorations;
f.
Hardware, paint, glass, wallpaper or flooring sales;
h.
Medical or dental clinic or laboratory;
i.
Printing, lithography and publishing;
j.
Public facilities of an administrative, recreational, transportation
or public safety function;
k.
Public parks and open spaces, pedestrian and biking trails,
and properties associated with stormwater and flood mitigation facilities;
l.
Household appliance sales and repair;
m.
Veterinarian or animal hospital;
n.
Outdoor display and sale of merchandise as an accessory use to a permitted use subject to the provisions of Subsection
(C)(2)(b) above.
o.
Any use, which in the judgement of the Director of Planning and Development, is essentially identical to or, substantially similar to, one (1) or more of the above listed uses and which conforms with the intent and purpose of this Section and with the General Use limitations provided in Subsection
(C) above.
2.
Class B: At Least One (1) Acre But Less Than Two (2) Acres.
The following uses are permitted on sites of at least one (1) acre
(43,560 square feet) but less than two (2) acres (87,120 square feet):
b.
Retail stores providing for the sale of new consumer goods (i.e.,
clothing and apparel, equipment for hobbies and sports, jewelry, books,
candy, gifts, dry goods, toys, etc.) and including the sale of plants,
pet shops, and bakeries;
c.
Personal service establishments, including beauty shops, nail
salons, dry cleaning pick-up stations but no plants or laundry facilities,
custom dressmaking and tailoring, photography studio, spas and massage
therapy (subject to definition of a massage therapy business);
d.
Public facilities of an administrative, recreational, transportation
or public safety function;
e.
Public parks and open spaces, pedestrian and biking trails,
and properties associated with stormwater and flood mitigation facilities;
f.
Outdoor display and sale of merchandise as an accessory use to a permitted use subject to the provisions of Subsection
(C)(2)(b) above.
g.
Any use, which in the judgement of the Director of Planning and Development, is essentially identical to, or substantially similar to, one (1) or more of the above listed uses and which conforms with the intent and purpose of this Section and with the General Use limitations provided in Subsection
(C) above.
3.
Class C: Less Than One (1) Acre. The following uses are permitted
on sites of less than one (1) acre (43,560 square feet).
b.
Public parks and open spaces, pedestrian and biking trails,
and properties associated with stormwater and flood mitigation facilities.
E. Conditional Uses. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Article
II, Division 6, after receipt of the recommendation of the Planning and Zoning Commission and subject to such restrictions and conditions as are deemed necessary. The Board may add any restrictions or conditions it deems best serve the public interest after consideration of the circumstances of the use, the facility, the specific site and the surrounding environs.
1.
Class A Or B Sites.
a.
Public utility substations and transmission facilities, collection
facilities and processing plants;
b.
Commercial parking facilities and parking structures associated
with multiple-building and mixed-use planned development;
c.
Enclosed or open commercial recreational uses, including, but
not limited to, video games, tennis, handball or paddleball, swimming,
skating, gymnasium or health club, bowling, dance studios, etc., but
excluding outdoor theaters;
e.
Restaurants, micro-breweries, micro-distilleries, wine bars
offering food, beverages and/or on-site entertainment and outdoor
dining;
f.
Drive-through facilities, drive-in or carry-out sales of foods
or of other goods or services; including restaurants, financial institutions,
drug stores and car washes;
g.
Dry cleaning or laundry facility;
h.
Pet boarding facility, including day care and overnight boarding
for domesticated dogs and cats;
i.
Manufacturer-franchised new-vehicle automobile dealership whose
point-of-sale is within the District (including used car sales in
proportion to annual average National Automobile Dealers Association
(NADA) ratios between new and used vehicle sales based on published
NADA data at a manufacturer-franchised dealership) and including vehicle
service facilities;
k.
Any building or structure more than three (3) stories or forty-five
(45) feet in height;
l.
Apartment or condominium dwellings;
m.
Warehouse or storage accessory to a permitted or conditional
use but only to the extent that such use does not exceed more than
thirty percent (30%) of the gross floor area of the primary use;
n.
Any development containing a mix of the permitted uses specified in Subsection
(D)(1) or
(D)(2) above or conditional uses specified in this Subsection
(E);
o.
Single-tenant retail with a building footprint greater than
twenty thousand (20,000) square feet;
p.
Banks, credit unions, or other financial institutions (but not
including check cashing businesses, short-term/payday loan operations,
pawn shops, or rent to-own facilities);
q.
Private non-commercial parks and open spaces.
r. Medical marijuana dispensary facility.
[Ord. No. 4885, 8-7-2019]
2.
Class C Sites:
a.
Retail stores providing for the sale of new consumer goods (i.e.,
clothing and apparel, equipment for hobbies and sports, jewelry, books,
candy, gifts, dry goods, toys, etc.) and including the sale of plants,
pet shops, and bakeries;
b.
Personal service establishments, including beauty shops, nail
salons, dry cleaning pick-up stations but no plants or laundry facilities,
custom dressmaking and tailoring, photography studio, spas and massage
therapy (subject to definition of a massage therapy business);
c.
Public facilities of an administrative, recreational, transportation
or public safety function;
d.
Private non-commercial parks and open spaces.
e. Medical marijuana dispensary facility.
[Ord. No. 4885, 8-7-2019]
F. Use Regulations.
1.
Lot Size Requirements.
a.
Minimum Lot Area:
(1) Class A — Two (2) acres (87,120 square feet).
(2) Class B — One (1) acre (43,560 square feet);
(3) Class C — One-half (1/2) acre (21,780 square
feet).
b.
Minimum Lot Width:
(1) Class A — Two hundred fifty (250) feet.
(2) Class B — One hundred fifty (150) feet.
(3) Class C — One hundred twenty-five (125) feet.
c.
Minimum Lot Depth:
(1) Class A — Two hundred fifty (250) feet.
(2) Class B — One hundred fifty (150) feet.
(3) Class C — One hundred twenty-five (125) feet.
2.
Maximum Floor Area Ratio. The regulations of Article
III, Section
400.1400(E)(1), Use Regulations shall apply.
3.
Building Bulk, Height, And Setback Regulations. The regulations of Article
III, Section
400.1400(E)(3) and (E)(4), Building Regulations and Building Bulk Regulations shall apply; provided, however, that building height can be further limited during the site plan approval process to avoid circumstances where excessive height would result in structures in this District being substantially disproportion to the height of neighboring properties, especially residential properties, in other zoning districts so as to compromise access to light and air or lend the appearance that properties in this District loom over or appear to dominate uses on nearby properties.
4.
Yard And Setback Requirements. In the "MC" Manchester Corridor Commercial District, building setback for all Class B and Class C uses, or a development approved by site plan review and in accordance with the procedures of Article
III, Section
400.1380, yard and setback requirements will be determined as part of the site plan approval process. All proposed development and uses on individual lots must comply with the standards below:
a.
Minimum Front Yard. Buildings shall be located at least five (5) feet from the right-of-way where the property line is coterminous with the right-of-way but in any event not closer than fifteen (15) feet from the back of curb line of Manchester Road. The provisions of Section
400.1840 shall prevail where applicable on Manchester Road. Where improved sidewalks exist in the abutting public right-of-way, the provisions of this Subparagraph (a) may be waived or modified as part of the site plan review process of Article
II of this Chapter that is required for all development and uses within the "MC" District. See applicable example for setbacks on the north and south side of Manchester Road in Figure 5-1.
b.
Minimum Side Yard. None required where commercial buildings are constructed simultaneously with party walls or firewalls, otherwise a minimum side yard of ten (10) feet shall be provided subject to the exceptions of Subsection
(4)(c), below (See Figure 5-2):
c.
Building Setbacks Along Streets Intersecting Manchester Road.
Along any street intersecting Manchester Road and within any portion
of the "MC" District wherever the MC District contains or adjoins
a publicly maintained greenway, trail or park area, in order to provide
viewsheds into the adjoining park-like scenes, the building setbacks
show in Figure 5-3 shall apply.
(1) In locations where the side yard is adjacent to
an existing or proposed street connecting to Manchester Road generally
on a north/south axis, the side yard or building setback line shall
be not less than fifty (50) feet measured from the centerline of said
street or not less than thirty-two (32) feet from the back curb line
of either side of said street;
(2) In locations where the front yard is adjacent to
an existing or proposed street connecting to Manchester Road generally
on a north/south axis, the front yard or building setback line shall
be not less than fifty (50) feet measured from the centerline of said
street or not less than thirty-two (32) feet from the back curb line
of either side of said street;
(3) Either of these standards may be modified during the site plan review process of Article
II, Division 9 of this Chapter as required in Subsection
(B)(5) of this Section but in any event the viewshed created by this standard shall not reduce the distance between buildings abutting either side of such street to less than one hundred (100) feet.
d.
Minimum Rear Yard. A minimum rear yard of ten (10) feet shall be provided. If any property adjacent to the site is zoned to an "A," "B," "AR" or, "MR" zoning classification, there shall be a twenty-five (25) foot rear yard and a sight-proof fence complying with the provisions of Article
V, Division 5, of this Chapter.
e.
Transitional Yards, Etc.
(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 ("A," "B," "AR" or "MR"), then a landscaped yard of at least twelve (12) feet in width shall be provided along such a lot. In addition, for any use that involves the construction of a new structure or the expansion of an existing structure, a masonry wall or solid fence complying with Article
V, Division 5 of this Chapter 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.
(2) Where the rear or side wall of any non-residential
structure is located directly across the street from the front yard
of any residential structure located in a residential district, a
landscaped yard of at least twelve (12) feet in width shall be provided
along the entire length of such rear or side wall.
(3) The transitional yard requirement may be modified by conditional use permit or by site plan approval as provided in Article
II, Division 9. Such modifications may impose more stringent or less stringent requirements in order to mitigate the adverse effects of one (1) land use upon another or conflicts between two (2) different land uses.
5.
Off-Street Parking And Loading. All off-street parking and loading is required to comply with Article
IV of this Chapter, but those requirements may be modified in conjunction with the site plan review process to reduce parking requirements and minimize paved surfaces based on the standards outlined in Subsection
(G)(3), of this Section. Access to off-street parking and loading must be accessed via controlled access points and may not allow for parking that provides direct pull-in and back-out parking to and from Manchester Road across the site frontage. To reduce curb-cuts onto Manchester Road, all off-street parking for new development or redevelopment of existing sites must have access to an adjoining street other than Manchester Road and must provide for cross-access to adjacent property.
6.
Environmental, Stormwater Management, Grading And Erosion; And Flood Hazard Controls. All development shall conform with the environmental performance standards provided in Article
V, Division 6; the stormwater management, grading and erosion control provisions of Article
V, Division 7; and the flood hazard control requirements of Article
V, Division 8.
7.
Signs. In conjunction with site plan review, a comprehensive sign plan in accord with the provisions of Chapter
410 must be provided and approved as part of site plan approval.
G. Development Requirements, Guidelines, And Standards. To achieve the goals and objectives as outlined in Subsection
(A) of this Section and achieve the City's vision for the Manchester Road Corridor, the following development standards are established for each class and use within the Manchester Road Corridor. It is recognized that not all of the standards may be attainable with particular property or uses. Therefore, the regulations in the "MC" District are intended to provide flexibility to property owners and developers for many types of development particularly for the Class A and B sites as provided for in Subsection
(F) of this Section with respect to building height and development density. In addition, the regulations are meant to provide a certain degree of latitude to the Planning and Zoning Commission and the Board of Aldermen to vary from these or other regulations when reviewing site plans in order to achieve the goals and objectives of the Comprehensive Plan and these regulations. The degree to which a site plan for development meets or exceeds the design standards set forth in this Subsection shall be considered and will be evaluated when considering site plans for proposed development. A developer should be prepared to explain why certain development standards cannot be met or that alternatives serve the same purpose as the standard. The standards are intended to allow the Manchester Road Corridor to become another recognized location within the City as a live/work/relax location. Examples of the various standards and/or design features intended to be carried out within the "MC" District are included throughout this Section.
1.
Building Design. New buildings should be designed to include
common features and materials so that a sense of place and character
is created for the "MC" District.
a.
Exterior Building Materials. Building materials should be used
and installed in keeping with the chosen architectural style. Building
material colors should be varied and complementary and three (3) colors
per elevation required. Except as minor accents for trim such as window
frames or entry doors, primary or garish colors should be avoided.
Materials should be of a scale appropriate to the pedestrian and complement
adjacent structures. The table entitled "Exterior Material Legend"
below provides a listing of approved/not approved materials. This
table is intended to provide direction but is not intended to represent
absolute approval or disapproval of any listed item and will depend
on building architecture.
EXTERIOR MATERIAL LEGEND
|
---|
Acceptable Exterior Materials
|
Generally Unacceptable Exterior Materials
|
---|
Brick or brick veneer
|
Vinyl or aluminum siding
|
Natural Stone (limestone, brownstone, lannon stone, marble,
granite)
|
Veneer based plywood siding
|
Metal panels (used as accent features, includes types such as
Alucobond, Alpolic, or similar)
|
Plywood panels (such as T1-11)
|
Cement-fiber siding
|
Plexiglas
|
Decorative Concrete Masonry Units (CMU) or architectural cement
block
|
Corrugated Metal with exposed fasteners (used as accent features
and comprising no more than thirty percent (30%) of the exterior building
materials used)
|
Concrete, including pre-cast panels (may be used when incorporating
color, texture and architectural finish features)
|
Painted smooth concrete masonry units (unless used in locations
behind screen walls)
|
Exterior grade wood (must be appropriate species for climate)
|
Exposed steel framing (unless integral to the design)
|
Composite siding
|
Corrugated tin roofing (unless dictated by the specific architectural
style)
|
EIFS or Stucco (not on the first story and not more than thirty
percent (30%) of the wall area exclusive of windows and doors)
|
Smooth-face concrete block
|
Vinyl trim (accent only)
|
Standing seam or batten seam metal roofing (unless dictated
by the specific architectural style)
|
Glass block (may be used only as a feature element, not for
glazing or windows)
|
Shake shingles
|
Brick and stone pavers
|
|
Manufactured stone
|
|
Commercial grade asphalt shingles
|
|
Slate roofing
|
|
Concrete tile roofing
|
|
b.
Building Details. Each building shall incorporate several common
architectural features, appropriate for the architectural style chosen.
Examples include pilasters, piers, columns, friezes, cornices, and
window surrounds. Building elements such as awnings, signs, doors,
windows, and lighting should complement the architecture of the building
facade and finishes (See Example 1).
c.
Design Features And Structures. Use of awnings, canopies, or
other design features should enhance main facades, especially at building
entries. Attached structures such as covered arcades or porte cocheres
shall be compatible with and complement the overall design of the
building and its facade (See Example 2).
d.
Building Entrances. Building entrances are required to be clearly
delineated and indicate a clear transition from the exterior to the
interior of the building. Every main entrance is required to have
a special emphasis when compared to the other portions of the building.
The building address should be clearly displayed in a readable typeface
of sufficient size for reading from a vehicle at a reasonable distance
and oriented to the street or drive frontage recognized by the US
Postal Service and the City's Fire and Police Departments (See Example
3).
e.
Facade Articulation. Buildings and parking structures of three
(3) stories or less in height designed with completely flat facades
and monotone color schemes are not permitted. All buildings and parking
structures are required to have horizontal and vertical facade variations
such as pop-outs, bays, recesses, arches banding, columns, or similar
features. Buildings of more than three (3) stories may have a flat
facade of uniform design above the third floor (See Example 4).
f.
Height And Roofline. Single-story buildings should have varying
roofline elevations to add architectural interest and avoid the appearance
of long, monotonous roofline expanses. A variation such as a parapet
or tower is required every fifty (50) feet of roofline. Also, if mechanical
HVAC equipment that is installed on the roof of any structure in this
district is visible from grade level in residential areas or, is visible
from Manchester Road or any primary access road within a larger development,
said equipment shall be screened by a wall with a finish surface compatible
in design and color to that which is used as a finish building wall
material. The back of parapets should also not be visible from Manchester
Road or any primary access road within a larger development and must
match the color and materials of the building (See Example 5).
g.
Pedestrians/Bicycle Access. All buildings must be designed to
encourage pedestrian activity and social interaction and create a
walkable environment that encourages pedestrian access, as well as
bicycle access, to and within the Manchester Road Corridor and connectivity
to the adjacent greenway trail system.
h.
Windows. Windows are key to the overall design of a building
and the relationship between the exterior and interior. Eye level
windows are required to relate to the scale of a person. Clear glass
for storefronts, windows and doors, within the retail merchandising
areas is required. Slightly tinted glass for energy efficiency purposes
may be used. Window tints shall be grey, blue, or bronze. Mirrored
glass is prohibited. Window signage is strongly discouraged (See Example
6).
i.
Signs. Signs may only be located on buildings and will be planned for as part of the building's overall design and should integrate similar or complementary materials as the building, be harmonious in color, with controlled lighting and must include a comprehensive sign plan as provided for in Section
410.135 (See Example 7).
(1) Corporate logos are any letter, character or symbol used to represent a person, corporation or business enterprise and are considered graphics which are defined as signage. Corporate logos may be incorporated into a sign so long as the sign is compliant with the provisions of Chapter
410 and is an integrated element of the building design and facade.
(2) Signs, other than those indicating entry or exit
locations, may not be located on parking structures or within parking
lots except for instances where a parking structure contains ground
floor retail uses.
(3) Billboards are not permitted on any property within
the "MC" District.
2.
Site Design. New developments are required to match or complement
surrounding new developments and landscapes to create a building and
site design which follow the standards of this Chapter and adds positively
to the overall "MC" District environment. Where applicable and appropriate
site design should provide:
a.
Outdoor seating at work places and restaurants that is:
•
|
Situated to provide a pleasant environment for users that is
not adjacent to parked automobiles or other environmental detriments;
|
•
|
Located so as not to block or constrict entry and exit doors
or impede pedestrian or bicycle movements;
|
•
|
Not located within the ten (10) foot shared sidewalk and bikeway
on the south of Manchester Road.
|
b.
Access to the Great Rivers Greenway and Flood Mitigation Greenway
trail and park networks with a paved, ADA-accessible pathway of not
less than six (6) feet in width from building entries and that is
clearly delineated through parking areas or structures via changes
in paving materials, texture, and/or color. Pedestrian easements and
connections of appropriate width that can connect to other uses within
the area shall also be provided where possible and appropriate with
adjacent landscaping and lighting particularly where such connections
are between buildings. To encourage and promote biking to and from
the "MC" District bike racks shall be provided at appropriate locations
at any building (See Example 8).
c.
Elements such as plazas or large patio areas that can be used
for occasional entertainment events and promote social interaction
in pleasant environments.
d.
Signage for wayfinding both within a development and the area
overall that is of clear and consistent design.
e.
Public art of appropriate type and scale that can help to create
an identity for the "MC" District.
Other site design components related to building placement,
screening, landscaping, and lighting and related standards are outlined
below as follows:
|
f.
Building Placement. Building placement must comply with the
following standards:
(1) The main facade of a building must be oriented
to face the principal street on which it has frontage and for which
it is addressed by the US Postal Service.
(2) Buildings on corner lots must be oriented so that
the main facade is giving equal treatment to each street on which
it has frontage. Also, these buildings should include a prominent
architectural feature of greater height than the rest of the roof,
or emphasis at the corner where the two (2) public streets meet.
g.
Utilities serving a site and the on-site structures must be
located in underground easements that can serve multiple properties.
h.
Screening. The following is required for screening:
(1) Loading and service areas shall be screened with walls and landscaping. Where adjacent to residential areas, loading and service areas shall be located away from bordering residential property lines whenever possible and such areas must be completely screened and appropriately buffered with appropriate trees in accord with the standards set forth in Article
IV, Section
400.1730. In all instances, views into loading and service areas from adjacent properties or uses must be minimized.
(2) Mechanical equipment, whether ground level or roof
top, shall be screened from ground-level view. Large trash receptacles,
dumpsters, utility meters, satellite dishes, antennas, etc., shall
be similarly treated and may not be located on the side of a building.
Screening material shall consist of a masonry wall, sight-proof fencing
of aluminum, steel, vinyl, dense landscaping, or any other such material
that is found compatible and approved as part of the site plan approval
process.
(3) Chain-link fencing (including cloth, canvas, or
vinyl-slat covered), smooth-face concrete block, and barb or razor
wire topped fences and chain link are prohibited.
i.
Landscaping. The landscaping requirements shall be as established by Article
II, Division 10, Section
400.1210. In addition, the following requirements shall apply to all landscape plans:
(1) A landscape plan sealed by a landscape architect
registered in Missouri shall be submitted in conjunction with the
development or site plan.
(2) A landscape plan shall be drawn to scale, include
dimensions and distances, and clearly delineate all existing and proposed
vehicular movement and parking, and the location, size and description
of all landscaping materials. All easements, transition buffer areas
and setback areas shall be labeled and dimensioned. Outdoor furniture
and fixtures for commercial and mixed-use development are encouraged
and shall be considered part of the landscaping plan and identified
on the landscape plan. The landscape plan must include an irrigation
plan.
(3) The property owner or designated agent shall be
responsible for the maintenance, repair and replacement of all landscaping
materials. All plant material and landscaped bed areas shall be tended
and maintained in a healthy growing condition, free from refuse, debris
and weeds.
j.
Lighting. Proper layout, height, fixture selection and lighting level shall be incorporated as part of the site design requirements (See Examples 9 and 10). In addition, a lighting plan shall be submitted in conjunction with the site plan required by subsection
(B) and Article
VI, Division 1 and Division 2 of this Chapter based on the following standards unless varied as a result of the site plan review:
(1) Site lighting (including parking and loading areas)
shall use LED bulb technology from a concealed source and shall comply
with, and shall have a color rendering index (CRI) of not less than
sixty-five (65) and a correlated color temperature (CCT) of approximately
4,000 Kelvin (K) but not more than 4800 K so as to most closely represent
daylight, not distort colors, but avoid the blue portion of the spectrum
common to some LED lumens.
(2) Site lighting and building lighting shall not spill
over onto adjoining properties, highways, or in any way interfere
with the vision of oncoming motorists.
(3) Lighting fixtures shall be of a directional type
capable of shielding the light source from direct view and aimed downward.
The development plan or site plan must show the relationship of fixtures
and the light patterns to each other, to the project site, to the
buildings, and to the adjacent rights-of-way.
(4) Site and parking lot lighting fixtures shall complement
and harmonize with those of adjacent developments.
(5) Fixtures used to accent architectural features,
landscaping or art shall be located, aimed or shielded to minimize
light spill into the surrounding environment.
(6) Architectural lighting shall be recessed under
roof overhangs or generated from a concealed source, low-level light
fixture(s). Roof lights, lighted roof panels, and other methods of
illuminating buildings, deemed inappropriate, are not allowed.
(7) Decorative, low-level intensity, non-concealed
source lighting that defines on-site vehicular and/or pedestrian ways
are acceptable.
(8) The lighting plan shall not conflict with the landscape
plan, and the two (2) shall be submitted simultaneously for review.
(9) Where developers are constructing public street
improvements in conjunction with planned development projects, street
lighting standards, luminaries, and fixture colors and styles shall
be as established by the City and approved by the City's Director
of Public Works or its traffic engineer.
3.
Parking And Access. Developments which, in the opinion of the Planning and Zoning Commission and/or the Director of Planning and Development during site plan review, might generate a significant increase in traffic, vehicular turning movements, or alteration of traffic patterns, will require a traffic study by the City's traffic engineer. Site layout and design must address the needs of motorists, pedestrians, bicycles, and other forms of transportation. Access and safety on the site should be ensured for all users. In addition to the parking requirements established in Article
IV, Sections
400.1470 through 400.1620, the following will be required:
a.
Major internal circulation roadways must be separated from parking
areas using curb and gutter, landscaping, pedestrian walkways, and
lighting.
b.
Separated cross-access for automobiles and pedestrians in parking
lots is required. Cross-access for pedestrians shall consist of a
dissimilar material from the parking lot.
c.
Pedestrian cross-access within parking lots shall connect to
sidewalks, bike paths, and/or multi-use paths within the public rights-of-way.
d.
Loading and service areas should be located away from street
edge and public circulation patterns.
e.
Shared Off-Street Parking For Different Categories Of Uses:
In order to minimize stormwater runoff through minimizing paved surfaces,
development in the "MC" District should encourage situations where
shared parking might be appropriate. Subject to site plan review by
the Planning and Zoning Commission and written authorization of the
Zoning Administrator, business establishments constituting different
categories of use whose hours of operation have minimal overlap may
share parking as follows:
(1) Office use and a retail sales and service use.
The parking requirement for the retail sales and service use may be
reduced by twenty percent (20%), provided that the reduction does
not exceed the minimum parking requirement for the office use.
(2) Residential use and a retail sales and service
use (other than eating and drinking establishments or entertainment
uses). The parking requirement for the residential use may be reduced
by thirty percent (30%), provided that the reduction does not exceed
the minimum parking requirement for the retail sales and service use.
(3) Office Use And A Residential Use. The parking requirement
for the residential use may be reduced by fifty percent (50%), provided
that the reduction does not exceed the minimum parking requirements
for the office use.
f.
Shared Off-Street Parking For Uses Of The Same Type: Subject
to site plan review by the Planning and Zoning Commission and written
authorization of the Zoning Administrator, business establishments
constituting commercial uses of the same type having over-lapping
operating hours may share parking allowing reductions in the total
minimum number of required parking spaces as follows:
(1) Up to a twenty percent (20%) reduction in the total
minimum number of required parking spaces for four (4) or more separate
establishments.
(2) A fifteen percent (15%) reduction in the total
minimum number of required spaces for three (3) separate establishments.
(3) A ten percent (10%) reduction in the total minimum
number of required spaces for two (2) establishments.
(4) The establishments, for which the shared parking
application is being made shall be located within eight hundred (800)
feet of the parking facility. The parking facility shall be in a commercially
zoned district.
(5) The reduction to parking quantities allowed through shared parking shall be determined as a percentage of the minimum parking requirement as stated in Article
V, Section
400.1570 of the City Code of Ordinances.
4.
Clearance Of Existing Improvements. Properties within the "MC" District that are cleared for future redevelopment and are not subject to an approved site plan in accord with the provisions of Subsection
(B)(5) above must have properly issued demolition and grading permits requiring all building and site improvements to be removed as part of the site clearance. In addition, the site must be properly graded and seeded with grass within sixty (60) days of the completion of the grading or within a time period specified by the permit (permits) in consideration of the time of the year. Proper maintenance of the cleared site will be required in accord the property maintenance provisions of the Municipal Code.
[R.O. 2009 §25-259; Ord. No. 2739 §§43-28.1 — 43-28.6, 5-20-1985; Ord.
No. 2830 §1, 9-15-1986; Ord. No. 3543 §4, 6-16-1997; Ord.
No. 3662 §6, 7-19-1999; Ord. No. 3847 §1, 10-21-2002; Ord. No. 4115 §1, 2-4-2008; Ord. No. 4175 §1, 4-6-2009]
A. Purpose. The "PD" Planned Development Overlay District
is intended, by site plan approval and other procedures set forth
in this Section, to encourage the appropriate development of retail,
office and multi-family residential uses, or combinations thereof,
in the best interests of the City. Specifically, the district is intended
to:
1. Relate the development of retail, office and multi-family residential
uses to the adopted development plan "Brentwood Boulevard/Manchester
Road Commercial Study" for the major business corridors including
land use and public improvements;
2. Provide for a scale and flexibility of development which could not
otherwise be achieved through fixed single-use zoning districts;
3. Encourage site consolidation and planned mixed-use development;
4. Induce and ensure high quality future development through the use
of site plan approval procedures which provide for the specific consideration
of access, parking, drainage, landscaping and design factors.
B. Permitted Uses. Permitted uses by site plan approval procedures
are as follows:
1. All uses permitted in the "MR" Multi-Family Residential District;
2. All uses permitted in the "RSC" Retail-Service Commercial District;
3. All uses permitted in the "GC" General Commercial District;
C. Conditional Uses. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Article
II, Division 6, after receipt of the recommendation of the Planning and Zoning Commission and subject to such restrictions and conditions as are deemed necessary. The Board, by simple majority vote, may add any restrictions or conditions it feels appropriate.
[Ord. No. 4723 § 5, 8-15-2016; Ord.
No. 4885, 8-7-2019; Ord. No. 5008, 3-7-2022]
1. Public utility substations and transmission facilities, collection
facilities and processing plants;
2. Private child day care centers or nurseries;
3. Nursing or retirement homes;
4. Enclosed or open recreational uses, including, but not limited to,
video games, tennis, handball, paddleball, swimming, skating, gymnasium
or health club, bowling, indoor soccer, etc., but excluding outdoor
theaters;
6. Drive-in or carry-out sales of foods or of other goods or services,
including freestanding drive-in banking facilities;
7. Taverns and cocktail lounges;
8. Any building or structure exceeding six (6) stories or seventy-five
(75) feet in height;
9. Any display, storage or parking out-of-doors of equipment, vehicles
or merchandise other than motor vehicles normally required by employees,
customers or users of the site;
10. Dry cleaning plant or laundry;
11. Pet boarding facility, including day care and overnight boarding
for domesticated dogs and cats;
12. Medical marijuana dispensary facility.
D. Site Plan Approval Required. Site plan approval by the Board of Aldermen on the recommendation of the Planning and Zoning Commission shall be required by all proposed developments in the "PD" district (see Article
II, Division 9); provided however, that existing detached single-family residences within the "PD" district shall be exempt from this requirement where the construction contemplated is the improvement of a single dwelling, such that the development standards included in Section
400.1350, Subsection
(F) are met and the proposed improvement would not cause the violation of any pre-existing condition of approval for the overall "PD" project.
E. Use Regulations.
1. Intensity of development. Uses may be developed
at the following densities based on the percentage of the total project
that they represent:
|
Use
|
Percent of Project
|
Units per Acre
|
FAR
|
---|
|
Residential
|
0 — 20
|
25
|
—
|
|
Residential
|
20 — 80
|
30
|
—
|
|
Residential
|
80 — 100
|
20
|
—
|
|
Retail
|
0 — 20
|
|
0.5
|
|
Retail
|
20 — 80
|
|
2.0
|
|
Retail
|
80 — 100
|
|
1.0
|
|
Office
|
0 — 20
|
|
0.5
|
|
Office
|
20 — 80
|
|
2.5
|
|
Office
|
80 — 100
|
|
1.0
|
|
Motel/hotel
|
0 — 20
|
100
|
|
|
Motel/hotel
|
20 — 80
|
200
|
|
|
Motel/hotel
|
80 — 100
|
150
|
|
2. Lot size requirements.
a. Minimum lot area. One (1) acre (43,560 square feet);
provided however, that the minimum lot size may be waived by the Board
of Aldermen 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, flood plains or soil conditions,
watercourses or utility easements, unusual shape or proportions or,
if the Board should determine such waiver to be in the general public
interest.
b. Minimum lot width. One hundred fifty (150) feet.
c. Minimum lot depth. One hundred fifty (150) feet.
3. Building bulk regulations. Any building or group of buildings constituting a development of one (1) or two (2) acres shall not exceed four (4) stories or fifty-two (52) feet in height and must satisfy conditions below. Any building or group of buildings constituting a development of two (2) acres or more shall not exceed six (6) stories or seventy-five (75) feet in height and must satisfy the conditions below. Any building exceeding six (6) stories or seventy-five (75) feet in height must receive a conditional use permit in accordance with Article
II, Division 6, subject also to the conditions expressed in this Section.
a. Any building over two and one-half (2½) stories or thirty-five
(35) feet in height and up to four (4) stories or fifty-two (52) feet
in height shall have a minimum of fifty (50) feet of building setback
between the building and any single-family residential district "A",
"B" or "AR".
b. Any building over four (4) stories or fifty-two (52) feet in height
and up to six (6) stories or seventy-five (75) feet in height shall
have a minimum building setback of one hundred (100) feet between
the building and any single-family residential district. The building
height shall be measured from the lowest exposed finished grade elevation
on the side nearest the single-family residential district to the
highest point on the building directly above, excluding chimneys,
ornamental spires and towers.
4. Maximum site coverage. The amount of gross site
area covered by buildings and structures, surface parking, pavement
for motor vehicle circulation or permitted exterior business services,
storage, merchandise display, repair or processing shall not exceed
the following:
|
Allowable Site Coverage
|
---|
|
|
Maximum Coverage Without Bonus
|
Bonus Coverage
|
Coverage With Bonus
|
---|
|
Residential uses
|
50%
|
1 to 15%
|
Up to 65%
|
|
Offices, motels/hotels and institutional uses
|
60%
|
1 to 15%
|
Up to 75%
|
|
Businesses or commercial uses other than offices
|
65%
|
1 to 15%
|
Up to 80%
|
a. In a mixed use development, the maximum coverage will be an average
of those uses which make up to twenty percent (20%) or more of the
project, based on their percentage of the total development.
b. The Board of Aldermen may allow the permitted coverage to be increased as a bonus by an additional factor of up to fifteen percent (15%) as shown above in consideration of special or outstanding landscape and site planning features as demonstrated by a site plan submitted in accordance with Article
II, Division 9. The features to be considered in the granting of any bonus coverage would include the provision of:
(1)
A high quality landscape plan with proper irrigation and intense
planting and retention of mature plant materials;
(2)
Use of low walls, terraces, berms and earth sculpting;
(3)
Special pedestrian facilities and features such as plazas, covered
walkways, foundations and seating areas and outdoor recreation facilities.
c. The balance of the site not covered by buildings and structures,
surface parking, pavement for motor vehicle circulation or permitted
exterior business services, storage, merchandise display, repair and
processing shall be open space devoted to landscaping, pedestrian
circulation, plazas and buffering.
d. Any landscaped plazas on the roof or deck of a building or parking
garage which is publicly accessible by pedestrian from ground level
may, at the discretion of the Board of Aldermen, be excluded from
the calculation of site coverage.
5. Yard and setback requirements.
a. Front yard. No building or structure shall be located closer than twenty-five (25) feet from any right-of-way. If parking is to be located in front of a building or structure, the structure or building shall be set back a minimum of fifty (50) feet from the public right-of-way or planned right-of-way. The provisions of Section
400.1840 shall prevail where applicable on major streets and highways. In every instance, the first fifteen (15) feet of the front yard setback from the right-of-way shall be provided and maintained with sidewalks, unless improved sidewalks exist in the abutting public right-of-way, and with landscaping including, but not limited to, deciduous trees at regular intervals.
b. Side and rear yards. The site, landscape treatment and grading and any visual screening to be provided in any side or rear yard shall be determined by the recommendation of the Planning and Zoning Commission and the Board of Aldermen by site plan approval in accordance with Article
II, Division 9. In no instance shall the setback and buffer be less than ten (10) feet at any side or rear property line. The Board of Aldermen may waive this requirement where the use and development of the abutting properties is defined and provided for in a site plan for approval. However, a side or rear yard which abuts property in any residential zoning district ("A", "B", "AR" or "MR") must be a minimum of fifty (50) feet in width. Twenty-five (25) feet of such side or rear yard adjacent to a residential district shall be provided with natural landscaping and there shall be no motor vehicle parking or driveways therein, except to cross the side or rear yard to give access to the property.
6. Off-street parking and loading. See Article
IV.
7. Environmental controls. All site development shall conform with the environmental performance standard provided in Article
V, Division 6 and with all other appropriate environmental controls including Section
400.1880 and Article
V, Division 7.
9. Architectural standards. The following standards
shall apply to construction in this district.
a. The use of metal siding is prohibited on any elevation of any building
that is visible from Manchester Road, Brentwood Boulevard, Eager Road
or Hanley Road and on any elevation that abuts property that is zoned
or used for residential purposes. This requirement does not pertain
to metal roofs.
b. If mechanical HVAC equipment that is installed on the roof of any
structure in this district is visible from grade level in residential
areas or, is visible from Manchester Road, Brentwood Boulevard, Eager
Road or Hanley Road, said equipment shall be screened by a wall with
a finish surface compatible in design and color to that which is used
as a finish building wall material. The purpose of the screen is to
prevent said equipment from being visible from residential areas while
serving as a deterrent to the transmission of sound into residential
areas.
F. Use Limitations.
1. All development shall be in accordance with an adopted Comprehensive
Plan or parts thereof, including proposed land use and public improvement
elements.
2. All business, services, storage, merchandise display and repairing and processing shall be conducted wholly within an enclosed building, except for off-street motor vehicle parking for customers, employees, residents or, visitors and off-street loading. Exceptions may be granted by obtaining a conditional use permit in accordance with Article
II, Division 6.
3. Used motor vehicles, trailers, boats or recreational vehicles may be sold only in conjunction with and on the same lot or site as the sale of new vehicles of the same type and under the same business ownership or management. Such sale of used vehicles shall be subject to approval of a conditional use permit in accordance with Article
II, Division 6.
4. Unless otherwise permitted in this Article for specified uses, goods
sold on the premises shall be sold only at retail.
5. Processes and equipment employed and goods processed or sold should
be limited to those which are not objectionable by reason of odor,
dust, smoke, cinders, gas, noise, vibration, refuse matter, water-carried
waste, pollutants or matter which in any manner create or constitute
a nuisance.
[R.O. 2009 §25-260; Ord. No. 2739 §§43-29.1 — 43-29.5, 5-20-1985; Ord.
No. 3033 §§9 — 10, 10-16-1989; Ord. No. 3263 §1, 2-1-1993; Ord. No. 3543 §4, 6-16-1997; Ord.
No. 3662 §7, 7-19-1999; Ord. No. 3692 §1, 4-17-2000; Ord.
No. 3847 §1, 10-21-2002; Ord. No. 4142 §1, 9-15-2008; Ord.
No. 4175 §1, 4-6-2009; Ord. No. 4497 §1, 3-3-2014]
A. Purpose. The "LID" Light Industrial District is intended
to accommodate light industrial manufacturing and warehousing activities
at a scale and intensity of use that is compatible with the development
in the City.
B. Permitted Uses. No building or structure shall be used
and no building or structure shall be erected, structurally altered
or enlarged except for any of the following uses, provided that such
uses are in conformity with all applicable ordinances and laws regulating
the emission of odor, smoke, toxic gases, dirt, dust, fly ash and
other particulate matter, the generation of noise and vibration and
relating to fire prevention and safety:
1. Manufacturing or fabrication of any commodity except explosives,
flammable gases or liquids;
2. Warehousing or wholesaling of manufactured goods, except explosives,
flammable gases or liquids as finished products;
3. Public utility facilities;
4. Research laboratories and facilities;
5. Retail activities conducted as an accessory to manufacturing, fabrication
or warehousing of commodities. For the purpose of this provision,
the term "accessory" shall mean a retail activity
limited to not more than thirty percent (30%) of the floor area of
a building or site;
7. Enclosed or open recreational uses including, but not limited to,
video games, tennis, handball or paddleball, swimming, skating, gymnasium
or health club, bowling, miniature golf, outdoor theaters, etc.;
8. Any display, storage or parking out-of-doors of equipment, vehicle
or merchandise;
9. Retail sale similar to sales via the Internet or mail order sales.
Sales are to be the type that customers do not visit the premises
for either selection or pickup of merchandise as a regular aspect
of the sales activity;
10. Private or public schools;
12.
Churches and other places of worship.
[Ord. No. 4588 §1, 11-17-2014]
13. Medical marijuana cultivation facility, entirely within an enclosed
building.
[Ord. No. 4885, 8-7-2019]
14. Medical marijuana-infused products manufacturing facility.
[Ord. No. 4885, 8-7-2019]
15. Medical marijuana testing facility.
[Ord. No. 4885, 8-7-2019]
16. Medical marijuana dispensary facility.
[Ord. No. 4885, 8-7-2019]
C. Conditional Uses. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Article
II, Division 6, after receipt of the recommendation of the Planning and Zoning Commission and subject to such restrictions and conditions as are deemed necessary:
1. Motor vehicle repair or washing;
2. Private child day care centers or nurseries;
4. Drive-in or freestanding banking facilities;
5. Pet boarding facility, including day care and overnight boarding
for domesticated dogs and cats.
|
The Board, by simple majority vote, may add any restrictions
or conditions it feels appropriate. [Ord. No. 4723 § 5, 8-15-2016]
|
D. Site Plan Approval. Site plan approval by the Board of Aldermen with recommendations from the Planning and Zoning Commission shall be required for all proposed developments within the "LID" Light Industrial District as provided for in Article
II, Division 9.
E. Use Regulations.
1. Lot size requirements.
a. Minimum lot area. One (1) acre (43,560 square feet),
except for public utility substations which may have a minimum area
of five thousand (5,000) square feet.
b. Minimum lot width. One hundred fifty (150) feet.
c. Minimum lot depth. One hundred fifty (150) feet.
2. Building bulk regulations.
a. Maximum structure height. Three (3) stories or
forty-five (45) feet.
b. Maximum site coverage. Eighty percent (80%).
3. Yard and setback requirements.
a. Minimum front yard. No building or structure shall
be located closer than twenty-five (25) feet from a public right-of-way.
If parking is to be located in front of a building or structure, the
building or structure shall be set back a minimum of fifty (50) feet
from the street right-of-way.
b. Minimum side yard. None required where industrial
buildings are constructed simultaneously with party walls or fire
walls. If a side yard is provided or if the property abuts property
of a different zoning classification, a minimum side yard of twelve
(12) feet shall be provided.
c. Minimum rear yard. Twenty-five (25) feet.
d. Transitional yards. Where a side or rear lot line
coincides with a side or rear lot line of any lot in an adjacent residential
zoning district ("A", "B", "AR" or "MR"), then a landscaped yard of
at least twenty-five (25) 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.
4. Off-street parking and loading. See Article
IV.
5. Environmental controls. All development shall conform with the environmental performance standards provided in Article
V, Division 6 and with all other appropriate environmental controls including Section
400.1880 and Article
V, Division 7;
7. Architectural standards. The following standards
shall apply to construction in this district.
a. The use of metal siding is prohibited on any elevation of any building
that is visible from Manchester Road, Brentwood Boulevard, Eager Road
or Hanley Road and on any elevation that abuts property that is zoned
or used for residential purposes. This requirement does not pertain
to metal roofs.
b. If mechanical HVAC equipment that is installed on the roof of any
structure in this district is visible from grade level in residential
areas or, is visible from Manchester Road, Brentwood Boulevard, Eager
Road or Hanley Road, said equipment shall be screened by a wall with
a finish surface compatible in design and color to that which is used
as a finish building wall material. The purpose of the screen is to
prevent said equipment from being visible from residential areas while
serving as a deterrent to the transmission of sound into residential
areas.
F. Use Limitations. Processes and equipment employed and goods
processed or sold should be limited to those which are not objectionable
by reason of odor, dust, smoke, cinders, gas, noise, vibration, refuse
matter, water-carried waste, pollutants or matter which in any manner
create or constitute a nuisance.
[R.O. 2009 §25-261; Ord. No. 3662 §2(Exh. A), 7-19-1999; Ord. No. 3733 §1, 11-20-2000]
A. Purpose. The Urban Development ("UD") District is intended,
by site plan approval and other procedures set forth in this Section,
to encourage the development of multi-family residential, retail or
office uses or combinations thereof, to foster co-existing mixed uses
in the best interests of the City. Specifically, the district is intended
to:
1. Facilitate the development of multi-family residential, retail, office
and light industrial uses to accomplish the goals of the Comprehensive
Plan, adopted in 1990 and amended from time to time, for specific
areas of the City for which this type of mixed-use development is
authorized by the Zoning District Map.
2. Provide for a scale and flexibility of development which could not
otherwise be achieved through fixed single-use zoning districts;
3. Encourage site consolidation and allow for planned mixed-use development;
4. Induce and ensure high quality future development through the use
of site plan approval procedures which provide for the specific considerations
of traffic, parking, drainage, landscaping and design factors.
B. Permitted Uses. Permitted uses by site plan approval procedures are the following uses in buildings less than two (2) stories or thirty-five (35) feet in height as measured in accordance with the definition contained in Section
400.020:
1. Single-family attached residential dwellings used for residential
purposes which shall not be construed to include short-term rental
of any individual dwelling;
[Ord. No. 4831, 4-16-2018]
2. Multi-family residential dwellings used for residential purposes,
regardless of ownership; which shall not be construed to include short-term
rental of any individual dwelling unit;
[Ord. No. 4831, 4-16-2018]
3. A single building for office use occupied by one (1) or more tenants.
C. Conditional Uses. The Board of Aldermen may authorize the following uses by conditional use permit as provided in Article
II, Division 6, after receipt of the recommendation of the Planning and Zoning Commission and subject to such restrictions and conditions as are deemed reasonable or necessary. The Board, by simple majority vote, may add any restrictions or conditions it feels appropriate.
[Ord. No. 4723 § 5, 8-15-2016; Ord.
No. 5013, 4-18-2022]
1. Public utility substations and transmission facilities;
2. Private child and elder day care centers or nurseries;
3. Skilled or assisted living facilities;
4. Enclosed or open recreational uses, including, but not limited to,
video games, tennis, handball, paddleball, swimming, skating, gymnasium
or health club, bowling, indoor soccer, etc., but excluding indoor
or outdoor theaters;
7. Drive-in or carry-out sales of foods or of other goods or services,
including free standing drive-in banking facilities;
8. Any building or structure exceeding two (2) stories or thirty-five
(35) feet in height;
9. Hotel including ancillary uses;
10. Animal rescue, shelter, and adoption services which provide custodial
and veterinary care for domestic animal pets and pet owner resources,
support and educational programming, but not including any services
for farm, exotic, wild or other animals not normally kept as household
pets;
11. Any use, which in the opinion of the Zoning Administrator, is similar
to the above uses.
D. Site Plan Approval Required. Site plan approval by the Board of Aldermen utilizing the site plan approval process on the recommendation of the Planning and Zoning Commission shall be required for all proposed developments, alterations, expansions or changes in the " UD" District (see Article
II, Division 9). Upon any rezoning to a "UD" District any existing buildings or improvements need not comply with applicable building setback restrictions set forth in this Section with respect to front yards, side yards, or rear yards but such non-compliance shall be considered by the Planning and Zoning Commission and the Board of Aldermen in determining the propriety of any alteration, expansion or change in use; further, the complete demolition and reconstruction of any such building or improvements shall comply with such setback provisions subject to any waiver of the same by the Board of Aldermen as authorized in this Section.
[Ord. No. 4777, 5-16-2017]
E. Use Regulations.
1. Intensity of development. Property may be developed
at the following densities:
|
Single or Mixed Use
|
Percent of Project
|
Units Per Acre
|
FAR
|
---|
|
Residential
|
Up to 100
|
80
|
2.5
|
|
Retail
|
Up to 100
|
N/A
|
2.0
|
|
Office
|
Up to 100
|
N/A
|
2.5
|
|
Motel/hotel
|
Up to 100
|
125
|
3.0
|
|
Manufacturing
|
Up to 100
|
N/A
|
1.5
|
2. Lot size requirements.
a. Minimum lot area. One (1) acre (43,560 square feet).
b. Minimum lot width. One hundred fifty (150) feet.
c. Minimum lot depth. One hundred fifty (150) feet.
|
However, the minimum lot size or dimension in this Section may
be waived by the Board of Aldermen 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, flood plains,
soil conditions, watercourses, utility easements, unusual shape or
proportions, or if the Board should determine such waiver to be in
the general public interest.
|
3. Building regulations. The following table summarizes
the pertinent building regulations. Specific descriptive language
follows the table.
Regulation
|
1 — 2 Acres
|
2 — 4 Acres
|
Over 4 Acres
|
---|
Building height
|
4 stories or 52 feet
|
6 stories or 75 feet
|
Unlimited
|
Front yard1 setback
|
20 feet2 or 25 feet3
|
30 feet2 or 20 feet3
|
0.5 foot per 1 foot height Minimum of 20 feet
|
Side yard setback
|
15 feet3
|
15 feet3
|
15 feet3
|
Rear yard setback
|
15 feet3
|
15 feet3
|
15 feet3
|
Site coverage
|
80%4
|
80%4
|
80%4
|
1
|
A front yard is defined as any yard between the building line
and any public right-of-way.
|
2
|
If the property fronts on property zoned or used for residential
purposes.
|
3
|
If the property fronts on property zoned for any use other than
residential.
|
4
|
Subject to an optional increase to ninety percent (90%) provided
certain conditions are met.
|
4. Building bulk, height and setback restrictions.
a. Building height restrictions. The building height
shall be measured from the lowest exposed finished grade elevation
to the highest point on the building directly above, excluding chimneys,
ornamental spires and towers.
(1)
Any building or group of buildings constituting a development
of one (1) or two (2) acres shall not exceed four (4) stories or fifty-two
(52) feet in height.
(2)
Any building or group of buildings constituting a development
of two (2) to four (4) acres shall not exceed six (6) stories or seventy-five
(75) feet in height.
(3)
Any building or group of buildings on property exceeding four
(4) acres is unlimited in height.
b. Building setback restrictions.
(1)
Front yards.
(a)
Any building up to four (4) stories or fifty-two (52) feet in
height shall have a minimum building setback of twenty (20) feet between
the building and the property line when the property abuts or is within
one hundred (100) feet of property zoned "A", "B", "AR", "MR" or "UD"
and is used residentially. If the front yard of the property faces
property used for any other purpose or in any other zoning district,
the building setback is fifteen (15) feet. Every portion of a lot
between the building and a public street right-of-way shall be considered
a front yard. In every instance, the first fifteen (15) feet of the
front yard setback from the right-of-way shall be provided and maintained
with sidewalks, unless improved sidewalks exist in the abutting public
right-of-way; and with landscaping including, but not limited to,
deciduous trees at thirty-five (35) foot intervals.
(b)
Any building over four (4) stories or fifty-two (52) feet in
height and up to six (6) stories or seventy-five (75) feet in height
shall have a minimum building setback of twenty-five (25) feet between
the building and the property line when the property abuts or is within
one hundred (100) feet of property zoned "A", "B", "AR", "MR" or "UD"
and is used residentially. If the front yard of the property faces
property used for any other purpose or in any other zoning district,
the building setback is fifteen (15) feet. Every portion of a lot
between the building and a public street right-of-way shall be considered
a front yard. In every instance, the first fifteen (15) feet of the
front yard setback from the right-of-way shall be provided and maintained
with sidewalks, unless improved sidewalks exist in the abutting public
right-of-way, and with landscaping including, but not limited to,
deciduous trees at thirty-five (35) foot intervals.
(c)
Any building over six (6) stories or seventy-five (75) feet
in height shall have a building setback of one-half (½) foot
of building setback per foot of building height but in no case less
than twenty (20) feet nor is it required to be greater than one hundred
(100) feet between the building and the property line when the property
abuts or is within one hundred (100) feet of property zoned "A", "B",
"AR", "MR" or "UD" and is used residentially. If the front yard of
the property faces property used for any other purpose or in any other
zoning district, the building setback is fifteen (15) feet. Every
portion of a lot between the building and a public street right-of-way
shall be considered a front yard. In every instance, the first fifteen
(15) feet of the front yard setback from the right-of-way shall be
provided and maintained with sidewalks, unless improved sidewalks
exist in the abutting public right-of-way, and with landscaping including,
but not limited to, deciduous trees at thirty-five (35) foot intervals.
(2)
Side and rear yards.
(a)
The building setback shall not be less than fifteen (15) feet at any side or rear property line. The site landscape treatment and grading and any visual screening to be provided in any side or rear yard shall be determined by the recommendation of the Planning and Zoning Commission and the Board of Aldermen by site plan approval in accordance with Article
II, Division 9. The Board of Aldermen may reduce this requirement to five (5) feet where the use and development of the abutting properties is defined and provided for in a previously approved site plan.
(b)
The building setback for a side or rear yard which abuts property
in any residential zoning district ("A", "B", "AR", "MR" or "UD" used
as residential) must be a minimum of twenty-five (25) feet. All of
that twenty-five (25) foot side or rear yard adjacent to a residential
district shall be provided with natural landscaping and there shall
be no motor vehicle parking or driveways therein, except to cross
the side or rear yard to give access to the property.
(c)
However, the minimum building setback set forth in this Section
may be waived by the Board of Aldermen 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,
flood plains, soil conditions, watercourses, utility easements, unusual
shape or proportions, or if the board should determine such waiver
to be in the general public interest.
c. Maximum site coverage.
(1)
Unless the site qualifies for the bonus in site coverage under the regulations of Subsection
400.1400(E)(4)(d), the amount of gross site area covered by building and structures, surface parking, pavement for motor vehicle circulation or permitted exterior business services, storage, merchandise display, repair or processing shall not exceed eighty percent (80%) of the site.
(2)
The balance of the site not covered by buildings and structures,
surface parking, pavement for motor vehicle circulation or permitted
exterior business services, storage, merchandise display, repair and
processing shall be open space devoted to landscaping, pedestrian
circulation, plazas and buffering.
(3)
Any landscaped plazas on the roof or deck of a building or parking
garage which is publicly accessible by pedestrian from ground level
may, at the discretion of the Board of Aldermen, be excluded from
the calculation of site coverage.
d. Bonus site coverage.
(1)
For those uses falling under Section 400.1400(B)(2 — 3) or Section
400.1400(C)(2), (3), (4), (8), (9) or (10), the Board of Aldermen may, after receiving the recommendation of the Planning and Zoning Commission, authorize a bonus in the site coverage of up to ten percent (10%) if, in the opinion of the Board, the proposal has special or outstanding landscape, architectural and site planning features as demonstrated by the site plan submitted in accordance with Article
II, Division 9. The features to be considered in the granting of any bonus coverage would include the provision of:
(a)
A high quality landscape plan with proper irrigation and intense
planting and retention of mature plant materials;
(b)
Use of low walls, terraces, berms and earth sculpting;
(c)
Special pedestrian facilities and features such as plazas, covered
walkways, foundations and seating areas and outdoor recreation facilities;
(e)
Outstanding architectural aesthetics.
(2)
Any landscaped plazas on the roof or deck of a building or parking
garage which is publicly accessible by pedestrian from ground level
may, at the discretion of the Board of Aldermen, be excluded from
the calculation of site coverage.
5. Off-street parking and loading. See Article
IV.
a. The Board of Aldermen, upon the affirmative recommendation from the
Planning and Zoning Commission, may authorize a reduction in the required
parking to one and one-half (1½) parking spaces per unit in
this district in consideration of the following:
(1)
Substantiation by the applicant that anticipated occupancy of
the project will be tenants and/or owners that are not likely to require
a parking ratio greater than three (3) parking spaces for each two
(2) units (or one and one-half (1½) parking spaces per unit).
In the event the occupancy mix changes to the point that the reduced
parking ratio is not satisfactory for the development, the City may
withhold issuance of occupancy permits until such time as the additional
parking necessary is furnished.
(2)
Site planning features as demonstrated by a site plan submitted in accordance with Article
II, Division 9. Site development features to be considered in the granting of any reduction in required parking would include:
(a)
A high quality landscape plan with proper irrigation and intense
planting and retention of mature plant materials;
(b)
Use of low walls, terraces, berms and earth sculpting;
(c)
Special pedestrian facilities and features such as plazas, covered
walkways, foundations and seating areas and outdoor recreation facilities.
6. Environmental controls. All site development shall conform with the environmental performance standard provided in Article
V, Division 6 and with all other appropriate environmental controls including Section
400.1880 and Article
V, Division 7.
8. Architectural standards. The use of metal siding
is prohibited on any elevation of any building that is visible from
Manchester Road, Brentwood Boulevard, Eager Road or Hanley Road and
on any elevation that abuts property that is zoned or used for residential
purposes. This requirement does not pertain to metal roofs.
F. Use Limitations.
1. All development shall be in accordance with an adopted Comprehensive
Plan or parts thereof, including proposed land use and public improvement
elements.
2. All business, services, storage, merchandise display and repairing and processing shall be conducted wholly within an enclosed building, except for off-street motor vehicle parking for customers, employees, residents or visitors and off-street loading. Exceptions may be granted by obtaining a conditional use permit in accordance with Article
II, Division 6.
3. Used motor vehicles, trailers, boats or recreational vehicles may be sold only in conjunction with and on the same lot or site as the sale of new vehicles of the same type and under the same business ownership or management. Such sale of used vehicles shall be subject to approval of a conditional use permit in accordance with Article
II, Division 6. This shall not be construed to prohibit the otherwise legal sale of motor vehicles, trailers, boats or recreational vehicles by a resident at his/her residence.
4. Processes and equipment employed and goods processed or sold should
be limited to those which are not objectionable by reason of odor,
dust, smoke, cinders, gas, noise, vibration, refuse matter, water-carried
waste, pollutants or matter which in any manner create or constitute
a nuisance.
[R.O. 2009 §25-262; Ord. No. 2739 §§43-30.1 — 43-30.4, 5-20-1985; Ord.
No. 3662 §1, 7-19-1999]
A. Purpose. The intent of the "FP" Flood Plain Overlay District is to protect future development in the City from those areas subject to rising or fluctuating water levels or flooding. The district boundary shall be the 100-year flood plain as determined by the Federal Insurance Administration, U.S. Department of Housing and Urban Development and adopted by the City as the official flood plain boundaries within the City, see Article
V, Division 8. The regulations of this district shall supersede the regulations of all other zoning categories in this Chapter.
B. Permitted Uses. The following uses are permitted in all
areas designated as 100-year flood plain on the official Zoning Map:
1. All uses in the basic underlying district, provided they have a low flood damage potential, do not obstruct flood flows and meet the other requirements of the Flood Plain Overlay District and are in accordance with the Federal Insurance Administration regulations (FIA regulations shall be on file in the Department of Planning and Development) and in compliance with Article
V, Division 8;
2. Public and private non-commercial parks, playgrounds, golf courses,
picnic grounds, swimming pools, wildlife and nature preserves;
3. Yard areas for residences;
4. Off-street parking and loading;
5. Accessory uses and activities customarily incidental to any of the above uses or uses permitted in non-flood plain portions of a legally subdivided parcel, excluding permanent structures related to or used by such accessory use or activity (see Article
V, Division 3).
C. Conditional Uses. No conditional uses are permitted other than those allowed in the underlying district. Conditional uses are subject to the requirements of the Flood Plain Overlay District and Article
V, Division 8 and to the Federal Insurance Administration regulations as well as the review procedures provided in Article
II, Division 6.
D. Use Regulations. All use regulations of the underlying zoning
district shall apply to the Flood Plain Overlay District.