City of Foristell, MO ARTICLE IV Zoning District Regulations

Section 400.130 "AG-1" Agricultural District.

[Ord. No. 330 §1(13), 7-12-1999]

A. Purpose. The Agricultural (AG) District reflects the importance of open space and agricultural activities for this community and region, its purpose being to maintain a green belt of large blocks of land not developed for urban use and to promote agriculture as a viable land use. This district is intended to provide a holding or reserve over lands now in agricultural use. These areas should allow for only a minimum of development not related to agriculture or very low density residential uses. At such time as more development is contemplated, these areas should be rezoned to an appropriate classification in accordance with the intent of the Comprehensive Development Plan. In the event of annexation of a new area to the City, such areas shall be zoned at their current zoning or zoned "AG-1" if they meet the requirements of that district or zoned as the owners request, pending the approval of the Planning and Zoning Commission and the Board of Aldermen.

B. Permitted Uses.

1. Agriculture, farming, including cultivating and selling plant crops, livestock and poultry raising, forestry and all other uses commonly classified as agricultural with no restrictions as to operation of such vehicles and machinery that are customarily incidental to such agricultural uses, and with no restrictions to the sale or marketing of products raised or produced on the premises; provided that no feed lot, feeding floor or structure for housing of livestock or poultry shall be permitted within two hundred (200) feet of any property line.

2. Apiaries, aviaries, fish hatcheries and fur farming or the raising of fur-bearing animals.

3. Kennels, provided that buildings and pens are at least two hundred (200) feet from any property line.

4. Forest and wildlife reservations or conservation uses.

5. Privately owned and operated recreational facilities including lakes, swimming pools, tennis courts or riding stables. The owner must live on the premises.

6. Golf courses, including driving ranges and miniature. Does not include clubhouses.

7. Railroad and utility rights-of-way including substation and pumping stations for electrical, gas, water, sewer or telephone utilities.

8. Single-family dwellings, provided each dwelling is on at least ten (10) acres.

9. Public or private elementary or high schools.

10. Churches.

11. Cemetery on a site of not less than twenty (20) acres.

12. Bed and breakfast establishments. Maximum of five (5) rooms.

13. Institutions (hospitals, nursing homes, rest or convalescent homes and educational, philanthropic or religious) on site of not less than fifteen (15) acres, provided not more than forty percent (40%) of the site may be occupied by buildings and/or structures. Also provided that all buildings and structures shall be set back from all required yard lines an additional foot for each foot of building or structure height.

14. Public and private not-for-profit parks, parkways and playgrounds.

15. Sewage treatment plants, oxidation basins, lagoon and related facilities, water supply and treatment plants, pumps, reservoirs, wells and elevated storage tanks for the purpose of providing services to the public. All of the above facilities shall be landscaped and screened in such a manner as to blend with and compliment the surrounding area's character. All plans for screening shall be submitted to the Planning and Zoning Commission for review. No building permit shall be issued until said plans have been approved by the Planning and Zoning Commission.

16. Accessory uses incident to the above uses when located on the same lot, home occupations and stables, provided stables are at least two hundred (200) feet from all property lines.

17. Greenhouses and nurseries.

C. Conditional Uses.

1. Extraction of sand, gravel or other material.

2. Clubs, private, on a site of at least ten (10) acres.

3. Radio, television, microwave towers or any other similar type of structure, provided that the distance from the center of the base of the tower to the nearest property line shall not be less than the height of the tower plus twenty-five (25) feet. One (1) permanent building containing transmitting equipment shall be permitted as an accessory use.

4. Temporary recreational and entertainment.

5. Airports and landing fields.

6. Historic site.

7. Salesrooms or temporary roadside stands as an accessory use to commercial gardens, plant nurseries and greenhouses, providing no more than one-third (⅓) of the display area to be used for sale of products not grown on the premises.

8. Storage facilities, commercial or cooperative, for feed and grain.

D. Lot Area. Single-family residences — minimum ten (10) acres for each single-family residence. All other uses require at least a minimum of ten (10) acres except as noted.

E. Height Limitations. No structure may exceed thirty-five (35) feet.

F. Yard Requirements.

1. Front yard. Minimum depth of fifty (50) feet.

2. Side yard. Minimum width of forty (40) feet.

3. Rear yard. Minimum depth of fifty (50) feet.

4. Lot width. Minimum width of one hundred fifty (150) feet.

5. Dwelling size. Minimum one thousand (1,000) square feet for single story. Minimum seven hundred (700) square feet for each floor over one (1).

Section 400.140 "R-1" Residential District.

[Ord. No. 330 §1(14), 7-12-1999; Ord. No. 559 §1, 8-4-2003; Ord. No. 699 §2, 11-20-2006]

A. Purpose. It is the intent of these regulations to provide for the protection and future development of low density single-family residential areas and related activities which offer a stable, healthy living environment; and to discourage encroachment by commercial, industrial or other uses which will conflict with the intent of this district.

B. Permitted Uses.

1. Single-family residence.

2. Park or playground.

3. Public building or facility erected by a government agency, such as fire stations, libraries or post offices.

4. Churches.

5. Bed and breakfast establishments. Maximum of five (5) rooms.

6. Institutions (hospitals, nursing, rest or convalescent homes and educational, philanthropic or religious) on site of not less than fifteen (15) acres, provided not more than forty percent (40%) of the site may be occupied by buildings or structures. Also provided that the building shall be set back from all required yard lines an additional foot for each foot of building height.

7. Nurseries or truck gardens, provided no retail or wholesale business be conducted upon the premises.

8. Kennels, provided all pens are at least two hundred (200) feet from all property lines.

9. Sewage treatment plants, oxidation ditches, lagoons and related facilities, water supply and treatment plants, pumps, reservoirs, wells and elevated storage tanks for the purpose of providing services to the public. Substation or pumping station for electric, gas or telephone utilities.

10. Accessory uses incident to the above uses when located on the same lot and including home occupations, vegetable and flower gardens, the raising and keeping of small animals and fowl not on a commercial basis and including pools, tennis courts, greenhouses and fireplace sheds.

11. Horses may be kept on a minimum of three (3) acres or more with a limitation of three (3) acres for one (1) horse and one (1) horse per acre thereafter. Stables or buildings housing large animals shall be no closer than two hundred (200) feet from any property line.

12. Non-commercial keeping and raising of large farm animals, such as cattle, goats, swine, etc., must be for personal consumption only.

C. Conditional Uses.

1. Privately operated recreational and entertainment facility including but not limited to a lake, swimming pool, tennis courts, riding stable or golf course on a site of not less than five (5) acres.

2. Substation or pumping station for electric, water, sewer, gas or telephone utilities.

3. Clubs, private, on a site of not less than three (3) acres.

4. Greenhouses and nurseries, with no retail salesroom.

5. Historic sites.

6. Temporary buildings and uses, to include voting places and real estate sales offices.

7. Commercial raising and keeping of cattle. No feed lot operations allowed.

D. Building, One Principal Or Main Building Per Lot. Only one (1) principal or main building shall be permitted on a lot. No portion of an area, frontage, lot width, setback, yard or parking requirement for any lot, building or use for the purpose of complying with provisions of this Chapter shall be included as an area, frontage, lot width, setback, yard or parking requirement for any other lot, building or use.

E. Lot Area. Minimum of three (3) acres.

F. Height Limitations. No structure may exceed a height of thirty-five (35) feet.

G. Yard Requirements.

1. Front yard. Minimum depth of thirty-five (35) feet.

2. Side yard. Minimum depth of twenty (20) feet.

3. Rear yard. Minimum depth of thirty-five (35) feet.

4. Lot width. Minimum width of one hundred fifty (150) feet.

5. Dwelling size. Minimum eighteen hundred (1,800) square feet for a single story, twenty-two hundred (2,200) square feet for a story and a half and twenty-four hundred (2,400) for a two-story dwelling.

[Ord. No. 836, 5-7-2018]

H. Covenants and restrictions are required for the subdivision of land for residential development in this district.

Section 400.150 "R-2" Residential District.

[Ord. No. 330 §1(15), 7-12-1999; Ord. No. 559 §2, 8-4-2003; Ord. No. 699 §2, 11-20-2006]

A. Purpose. It is the intent of these regulations to provide the protection and future development of low density single-family residential areas and related activities which offer a stable, healthy living environment; and to discourage encroachment by commercial, industrial or other uses which will conflict with the intent of this district.

B. Permitted Uses.

1. Single-family residences.

2. Parks and playgrounds.

3. Public building or facility erected by a government agency, such as fire stations, libraries, post offices, etc.

4. Churches.

5. Public or private elementary and high schools.

6. Institutions (hospitals, nursing, rest or convalescent homes and education, philanthropic or religious) on a site of not less than fifteen (15) acres, provided not more than forty percent (40%) of the site may be occupied by buildings or structures. Also provided that the buildings shall be set back from all required yard lines an additional foot for each foot of building height.

7. Sewage treatment plants, oxidation ditches, lagoons and related facilities, water supply and treatment plants, pumps, reservoirs, wells and elevated storage tanks for the purpose of providing services to the public.

8. Non-commercial horticulture and/or agriculture.

9. Non-commercial kennels, provided all pens and buildings are at least two hundred (200) feet from all property lines.

10. Bed and breakfast establishments. Maximum of five (5) rooms.

11. Accessory uses incident to the above uses when located on the same lot and including home occupations, vegetable and flower gardens, the raising and keeping of small animals and fowl not on a commercial basis and including pools, tennis courts, greenhouses and storage buildings.

12. Horses may be kept on a minimum of three (3) acres or more with a limitation of three (3) acres for one (1) horse and one (1) horse per acre thereafter. Stables shall be no closer than two hundred (200) feet from any property line.

C. Conditional Uses.

1. Privately operated recreational and entertainment facility, including a lake, swimming pool, tennis courts, golf course, etc., on a site of not less than five (5) acres.

2. Substation or pumping station for electric, sewer, water, gas or telephone utilities.

3. Radio, television or communication towers, provided that the distance from the center of the base of the tower to the nearest property line shall not be less than the height of the tower plus twenty-five (25) feet. One (1) permanent building containing transmitting equipment shall be permitted as an accessory use.

4. Historic site.

5. Child or daycare facilities.

6. Clinic or medical offices.

7. Craft, antique or curio shops.

8. Temporary buildings and uses, such as voting places and real estate sales office.

9. Non-commercial raising and keeping of large farm animals, such as cattle, goats, swine, etc., must be for personal consumption only.

10. Greenhouses and nurseries, with no retail salesroom.

D. Building, One Principal Or Main Building Per Lot. Only one (1) principal or main building shall be permitted on a lot. No portion of an area, frontage, lot width, setback, yard or parking requirement for any lot, building or use for the purpose of complying with provisions of this Chapter shall be included as an area, frontage, lot width, setback, yard or parking requirement for any other lot, building or use.

E. Lot Area. Minimum of one (1) acre.

F. Height Limitations. No structure may exceed a height of thirty-five (35) feet.

G. Yard Requirements.

1. Front yard. Minimum depth of thirty-five (35) feet.

2. Side yard. Minimum depth of twenty (20) feet.

3. Rear yard. Minimum depth of thirty-five (35) feet.

4. Lot width. Minimum width of one hundred fifty (150) feet.

5. Dwelling size. Minimum eighteen hundred (1,800) square feet for a single story, twenty-two hundred (2,200) square feet for a story and a half and twenty-four hundred (2,400) for a two-story dwelling.

[Ord. No. 836, 5-7-2018]

H. Covenants and restrictions are required for the subdivision of land for residential development in this district.

Section 400.160 "R-3" Residential District.

[Ord. No. 330 §1(16), 7-12-1999; Ord. No. 559 §3, 8-4-2003; Ord. No. 699 §2, 11-20-2006]

A. Purpose. To provide suitable locations for single-family dwellings in a proportionally higher land use density environment than the preceding districts. To provide a medium density area within the City's residential plan.

B. Permitted Uses.

1. Single-family residence.

2. Parks and playgrounds.

3. Public building or facility erected by a government agency, such as fire stations, libraries, post offices, municipal buildings, etc.

4. Churches.

5. Public or private elementary and high schools.

6. Non-commercial horticulture or agriculture.

7. Bed and breakfast establishments. Maximum of five (5) rooms.

8. Substation or pumping station for electric, water, sewer, gas or telephone utilities.

9. Accessory uses incident to the above uses when located on the same lot and including home occupations, vegetable gardens, the raising of small animals and fowl not on a commercial basis and including pools, tennis courts, greenhouses and storage sheds.

10. Child or daycare facilities.

C. Conditional Uses.

1. Privately operated recreational and entertainment facility including but not limited to a lake, swimming pool, tennis courts, golf course on a site of not less than five (5) acres.

2. Clubs, private, on a site of not less than three (3) acres.

3. Historic sites.

4. Clinics or medical buildings.

5. Antique, curio and craft shops.

6. Temporary buildings and uses, to include voting places and real estate sales offices.

D. Building, One Principal Or Main Building Per Lot. Only one (1) principal or main building shall be permitted on a lot. No portion of an area, frontage, lot width, setback, yard or parking requirement for any lot, building or use for the purpose of complying with provisions of this Chapter shall be included as an area, frontage, lot width, setback, yard or parking requirement for any other lot, building or use.

E. Lot Area. Minimum of one-half (½) acre.

F. Height Limitations. No structure shall exceed thirty-five (35) feet.

G. Yard Requirements.

1. Front yard. Minimum depth of twenty-five (25) feet.

2. Side yard. Minimum depth of side yards will be fifteen (15) feet.

[Ord. No. 836, 5-7-2018]

3. Rear yard. Minimum depth of twenty-five (25) feet.

4. Lot width. Minimum width of one hundred (100) feet.

5. Dwelling size. Minimum sixteen hundred (1,600) square feet for a single story, two thousand (2,000) square feet for a story and a half, twenty-two hundred (2,200) square feet for a two-story.

[Ord. No. 836, 5-7-2018]

H. Covenants and restrictions are required for the subdivision of land for residential development in this district.

Section 400.170 "R-4" Residential District.

[Ord. No. 330 §1(17), 7-12-1999; Ord. No. 559 §4, 8-4-2003; Ord. No. 690 §2, 8-21-2006]

A. Purpose. This district is intended to provide for high density residential areas which can also include existing dwellings. It is intended that planned multi-family dwellings (duplexes, apartments, townhouses, condominiums, etc.) be developed with appropriate landscaping and screening.

B. Permitted Uses.

1. Single-family dwellings.

2. Multi-family dwellings, maximum four (4) families per structure.

3. Churches.

4. Public or private elementary and high schools.

5. Bed and breakfast establishments. Maximum of five (5) rooms.

6. Park or playground.

7. Public building or facility erected by a government agency, such as fire station, libraries, post office, municipal buildings, etc.

8. Public service and transportation installations and facilities, to include gas metering stations, water and sewer pumping stations, communication transmitting towers and relay stations and water, electrical and telephone facilities.

9. Day or childcare facilities.

10. Accessory uses incident to the above uses when located on the same lot and including home occupations, vegetable and flower gardens and storage sheds.

C. Conditional Uses.

1. Privately operated recreational and entertainment facility including but not limited to swimming pools, tennis courts, etc.

2. Antique, craft and curio shops.

3. Laundromats.

4. Temporary buildings and uses, to include voting places and real estate offices.

D. Building, One Principal Or Main Building Per Lot. Only one (1) principal or main building shall be permitted on a lot. No portion of an area, frontage, lot width, setback, yard or parking requirement for any lot, building or use for the purpose of complying with provisions of this Chapter shall be included as an area, frontage, lot width, setback, yard or parking requirement for any other lot, building or use.

E. Lot Area.

1. Single-family dwellings shall be on lots of at least one-third (1/3) acre.

[Ord. No. 836, 5-7-2018]

2. Two-family dwellings shall be on lots of at least fourteen thousand (14,000) square feet not to exceed six (6) units per acre.

3. Three-family dwellings shall be on lots of at least eighteen thousand (18,000) square feet not to exceed six (6) units per acre.

4. Four-family dwellings shall be on lots of at least twenty-two thousand (22,000) square feet not to exceed seven (7) units per acre.

5. All other structures must be on lots of at least eight thousand (8,000) square feet. The lot must provide enough area to allow for required dwellings or building size and all other needs such as setbacks and parking requirements.

6. Covenants and restrictions must be in place to address building and property maintenance.

F. Height Limitations. No structure may exceed thirty-five (35) feet.

G. Yard Requirements.

1. Front yard. Minimum depth of twenty-five (25) feet.

2. Side yard. Minimum depth of ten (10) feet.

3. Rear yard. Minimum depth of twenty-five (25) feet.

4. Lot width. Minimum width of sixty-five (65) feet

5. Dwelling size. Minimum of sixteen hundred (1,600) square feet for a single story, two thousand (2,000) square feet for a story and a half, twenty-two hundred (2,200) square feet for a two-story.

[Ord. No. 836, 5-7-2018]

Section 400.180 "R-5" Residential District.

[Ord. No. 330 §1(18), 7-12-1999; Ord. No. 559 §5, 8-4-2003; Ord. No. 690 §§3 — 4, 8-21-2006]

A. Purpose. To provide suitable locations for multi-family dwellings in high density land use environment and to complete the transition between single-family and multi-family use.

B. Permitted Uses.

1. (Reserved)[1]

[1] Editor's Note: Former Subsection (B)(1), regarding single-family dwellings, was repealed 5-7-2018 by Ord. No. 836.

2. Duplexes.

3. Multi-family dwellings, including apartments, townhouses and condominiums.

4. Apartment hotels and boarding houses.

5. Collegiate schools and affiliated on-campus dormitories.

6. Nursing or retirement homes.

7. Senior citizen housing.

8. Bed and breakfast establishments. Maximum of five (5) rooms.

9. Parks and playgrounds.

10. Churches.

11. Public and private elementary and high schools.

12. Public building or facility erected by a government agency.

13. Day or child care facilities.

14. Sewage treatment plants and related facilities, water supply and treatment plants, pumps, reservoirs, wells and elevated storage tanks for the purpose of providing services to the public. Substation or pumping for electric, water, sewer, gas or telephone utilities.

15. Accessory uses incident to the above uses when located on the same lot and including home occupations, vegetable and flower gardens, pools, tennis courts and storage facilities.

C. Conditional Uses.

1. Privately operated recreational and entertainment facilities, such as swimming pools, miniature golf, arcades, movie theaters, tennis courts, etc.

2. Historic site.

3. Clinic or medical offices.

4. Craft, antique and curio shops.

5. Temporary buildings and uses, such as voting places and real estate sales offices.

6. Laundromats.

D. Building, One Principal Or Main Building Per Lot. Only one (1) principal or main building shall be permitted on a lot. No portion of an area, frontage, lot width, setback, yard or parking requirement for any lot, building or use for the purpose of complying with provisions of this Chapter shall be included as an area, frontage, lot width, setback, yard or parking requirement for any other lot, building or use.

E. Lot Area.

1. (Reserved)[2]

[2] Editor's Note: Former Subsection (E)(1), regarding single-family dwellings — lot area, was repealed 5-7-2018 by Ord. No. 836.

2. Two-family dwellings shall be on lots of at least fourteen thousand (14,000) square feet not to exceed six (6) units per acre.

3. Three-family dwellings shall be on lots of at least eighteen thousand (18,000) square feet not to exceed six (6) units per acre.

4. Four-family dwellings shall be on lots of at least twenty-two thousand (22,000) square feet not to exceed seven (7) units per acre.

5. All dwellings that provide residences for over four (4) residences shall provide at least five thousand (5,000) square feet of lot area for each residence, not to exceed seven (7) units per acre.

6. Covenants and restrictions must be in place to address building and property maintenance.

F. Height Requirements. No structure may exceed a height of forty-five (45) feet.

G. Yard Requirements.

1. Front yard. Minimum depth of twenty-five (25) feet.

2. Side yard. Minimum depth of ten (10) feet.

3. Rear yard. Minimum depth of twenty-five (25) feet.

4. Lot width. Minimum width of seventy (70) feet.

5. Dwelling size. Minimum eight hundred (800) square feet for a one (1) bedroom unit in a multi-family dwelling. Minimum nine hundred (900) square feet for a two (2) bedroom unit in a multi-family dwelling. Minimum one thousand (1,000) square feet for a three (3) bedroom unit in a multi-family dwelling. Minimum one thousand one hundred (1,100) square feet for a four (4) bedroom unit in a multi-family dwelling.

[Ord. No. 836, 5-7-2018]

H. Maximum Number Of Living Units (MDU).

1. The maximum number of dwelling units (MDU) permitted in any development in this district shall be determined by dividing the net development area in square feet by five thousand (5,000) square feet.

2. The net development area (NDA) is the gross area (GA) of the project or phase of the project less the area for existing or proposed street rights-of-way, utility easements and sidewalk or walkway easements. The net development area shall include, but not be limited to: recreational facilities, common land, open space, public parks and all required yards, setbacks and parking areas and drainage areas as well as the dwelling units.

Section 400.190 "PD" Planned Development District.

[Ord. No. 635 §1, 5-23-2005; Ord. No. 691 §§1 — 3, 8-21-2006]

A. Intent And Purpose.

1. The purpose of the Planned Development District is to provide a means of achieving a greater flexibility in development of land in a manner not possible in conventional zones; to encourage more imaginative and innovative design of projects; to promote a more desirable community environment; and to retain maximum control over both the structure and future operation of the development. The Planned Development District serves to preserve existing natural features, scenic qualities or existing open spaces and adapt the development to existing land features.

2. The Board of Aldermen, upon recommendation by the Planning and Zoning Commission, may, by ordinance adopted in the same manner as zoning districts are created, authorize a Planned Development District when the proposed development or use of a specific tract of land or area warrants greater flexibility, control and density than would otherwise be possible under the general regulations which do not permit excessive densities or the development of incompatible land uses, either within a development or as the development relates to the general neighborhood.

3. The City may, upon proper application, approve a planned development using flexible techniques of land development and site design to gain relief from zoning requirements in relation to lot size, dwelling size and property line setbacks, designed for conventional developments, upon demonstration of achievement of the following objectives:

a. Environmental design in the development of land that is of a higher quality than is possible under the regulations otherwise applicable to the property.

b. Diversification in the uses permitted and variation of the relationship of uses, structures, open space and height of structures in developments intended as cohesive, unified projects.

c. Functional and beneficial uses of open space areas and preservation of natural features of a development site.

d. Establish and maintain the neighborhood concept by allowing non-residential uses within the development, thereby discouraging strip commercial development.

e. Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program.

f. Rational and cost effective development in relation to public services.

g. Efficient and effective traffic circulation, both within and adjacent to the development site, and the encouragement of pedestrian and non-motorized pathway utilizing site features.

B. Relationship Of Planned Development Districts To Zoning.

1. Mapped district. The "PD" designation is not intended to be attached to existing use districts as an overlay. The "PD" designation as detailed in this Section is a separate use district and may be attached to a parcel of land as an original zoning district or it may be attached to a parcel of land through the process of Zoning Map amendment (rezoning). A Zoning Map amendment to achieve the "PD" designation shall comply with the requirements and procedures of Title IV, Article III, Section 400.110(1) Amendments. If a property is zoned agricultural within the City of Foristell and greater density is requested based upon the City's Comprehensive Plan, an application for zoning district amendment under the procedures of Title IV, Article III, Section 400.110(1) is required to establish a residential zoning district classification and residential density.

2. Plan approval required. Although the "PD" designation may be applied to parcels of land as a mapped zoning district, it is the intent of this Section that no development or redevelopment of property represented by the "PD" designation take place until an acceptable preliminary plan, site improvement plan and final development plan has been reviewed and approved in conformance with the requirements of this Section. A planned development will involve subdivision of land; therefore, the subdivision review and approval procedures contained in Chapter 410 "Subdivision and Land Development Regulations" shall be carried out concurrently with the review of any "PD" development. Any pre-existing uses within the area encompassed by the "PD" designation shall have the status of non-conforming uses, as outlined in Article VI Section 400.340 Non-Conforming Use, until such time as they are included in an approved development plan.

3. Types of planned developments. All areas of the City subject to the "PD" designation shall be assigned one (1) of the following subclassifications which shall be considered a separate use district and be subject to the specific restrictions and limitations outlined in this Section:

a. Planned Development — Residential ("PD-R"). Planned developments involving residential uses only.

b. Planned Development — Commercial ("PD-C"). Planned developments involving commercial uses only.

c. Planned Development — Industrial ("PD-I"). Planned developments involving industrial uses only.

d. Planned Development Mixed Use ("PD-MXD"). Planned developments involving a mixture of residential and non-residential uses.

4. Approved planned districts. Approved or properly executed planned developments existing at the time of adoption of these regulations will be subject to the restrictions of the final development plan approved by the City of Foristell and will not be required to comply with these regulations.

C. Overall Development Site Size. The minimum overall site size required for planned developments shall be as follows:

1. Planned development — residential: 10.0 acres.

2. Planned development — commercial: 10.0 acres.

3. Planned development — industrial: 10.0 acres.

4. Planned development — mixed use: 30.0 acres

These minimum site sizes may be waived by the Board of Aldermen upon recommendation by the Planning Commission if a specific proposal has severe limitations regarding topography, tree cover, wetlands, flood plains, soil conditions, utility easements or unusual land shape or proportions for conventional development; or if it is determined that the use proposed is desirable or necessary in relationship to the surrounding neighborhood; or if the Board of Aldermen determines such waiver to be in the general public interest.

D. Permitted Uses. The use of land is considered an integral element of the proposed development plan. Approval of the proposed development by the Board of Aldermen carries with it approval of the various uses encompassed by it. Based upon this relationship, the Planning and Zoning Commission and the Board of Aldermen may require revisions to the proposed development plan as it relates to the proposed uses; or may require elimination from the plan of any use considered inappropriate, based upon its relationship to other uses proposed in the plan, surrounding existing land uses or land uses featured in the adopted Comprehensive Plan for the City of Foristell. Uses of land shall be established by the ordinance adopted by the Board of Aldermen authorizing the "PD" Planned Development District. Uses of land, which may be proposed within a development plan by "PD" subclassification, are as follows:

Subclassification	Requirement
Planned Development — Residential	Uses may include only those uses designated as permitted; accessory or conditional uses in the "R-1" through "R-3" Single-Family, "R-4 Single-Family and Multi-Family and "R-5" Multi-Family Districts.
Planned Development — Commercial	Uses may include only those uses designated as permitted or conditional uses in the "C-1" Neighborhood Business District, "C-2" General Commercial District and "C-3" Planned Commercial Districts or other uses of commercial nature, but excluding residential uses.
Planned Development — Industrial	Uses may include those uses designated as permitted or conditional uses in the "C-2" General Commercial District, "M-1" or "M-2" Industrial Districts, but excluding residential uses.
Planned Development — Mixed Use	Uses may include those uses designated as permitted, accessory or conditional uses in any of the districts provided in Article IV, Zoning District Regulations.

E. Density And Area Regulations And Performance Standards.

1. General standards. Approval of the preliminary development plan may provide for regular exceptions from traditional zoning districts as may be necessary or desirable to achieve the objectives of the proposed planned development; provided however, such exceptions are consistent with the standards and criteria contained in this Section and have been specifically requested in the application for a planned development; and further, that no modification of the regulations contained herein would be allowed with the following results:

a. Inadequate or unsafe access to the planned development;

b. Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity;

c. Undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development;

d. Development which will be incompatible with the purposes of this Chapter;

e. Detrimental environmental impact on the surrounding area, including aesthetics; and/or

f. Development with no future guaranty that it will maintain its quality.

It shall be the responsibility of the applicant to clearly demonstrate that the above criteria are being met. The burden of proof shall rest with the developer and not City staff or the Planning and Zoning Commission.

2. Designation of open space.

a. A minimum of fifteen percent (15%) of the total project area must be dedicated as common open space. Pre-developed slopes of thirty percent (30%) or more must be preserved as common open space, excluding areas used in conjunction with subdivision plan street layout and design. Floodplain or floodway areas shall be designated as common open space utilized for recreational or open space amenities. Impact to these areas is permissive upon request and preliminary and final plan approval for portions of residential lot development.

b. Common open space shall be used for the collective enjoyment of the occupants of the development equally throughout the development as practicable and be highly accessible to the dwelling units it is intended to serve and shall not be isolated to areas of unusable land.

c. No area of interior project common open space in the development plan shall be less than ten (10) feet in width in its smallest dimension.

d. The use, operation and maintenance of the common open space areas and common ground buildings shall be guaranteed through establishment of a trust indenture represented by an association or trustees.

3. Perimeter buffer requirements. Where a "PD-R" development proposes residential development along the perimeter of the site which is of higher density than the adjacent residential district, there shall be a minimum of a twenty (20) foot wide buffer area. The buffer area shall be free of buildings, structures or impervious surfaces and shall be permanent and landscaped or preserved with natural features so that the higher density residential development is visually screened from the lower density development. A minimum of one (1) tree shall be planted per thirty (30) lineal feet or fraction thereof for any frontage along the adjacent residential district. Required trees shall be at least two and one-half (2½) inch caliper. Trees existing within any required buffer area at the time of installation and which are larger than two and one-half (2½) inch caliper shall be preserved and will count toward the minimum landscaping requirements.

a. Where a "PD-R" development abuts a commercial or industrial use or district, there shall be a minimum thirty (30) foot wide buffer area. This buffer area shall be permanent and landscaped with trees and shrubs and/or otherwise provided with screening (i.e., sightproof fencing) to effectively screen the commercial or industrial use from the "PD-R" development. A minimum of one (1) tree shall be planted per thirty (30) lineal feet or fraction thereof for any frontage along the adjacent residential district. Required trees shall be at least two and one-half (2½) inch caliper. Trees existing within any required buffer area at the time of installation and which are larger than two and one-half (2½) inch caliper shall be preserved and will count toward the minimum landscaping requirements.

b. All landscaping shall be maintained in a neat, healthy, well maintained and weed free condition.

4. Development phasing. If construction of the development is to occur in stages, then open space and/or recreational amenities should be developed in reasonable proportion to the number of dwelling units intended to be developed and to be served during any given stage of construction as approved on the final plat by the Board of Aldermen.

5. Elevations required. For all "PD" developments, the applicant shall present to the City illustrations and/or elevations of proposed buildings within the development.

a. Elevations in high-density subdivisions may be required to be varied on adjacent lots to prevent monotony.

6. Use of professional consultants. In review of a preliminary or final development plan for approval, the Planning Commission and/or the Board of Aldermen may elect to utilize qualified technical personnel or professional consultants to provide traffic impact analysis, stormwater and erosion control, if applicable, based upon unique circumstances in excess of standard review or similar studies related to the proposed development. The cost of such professional assistance shall be borne by the applicant.

7. Non-residential development. Non-residential uses permitted in the "PD" Planned District shall be subject to all the requirements for lot area, width, height, yards and setbacks of the district in which it was permitted unless modified by the ordinance adopted by the Board of Aldermen authorizing the planned development.

8. Planned development — residential.

a. Residential density. The purpose of a planned development is to allow modifications to development standards that cannot be achieved in conventional zoning districts. Proposed housing may be clustered and grouped to achieve or preserve open space and other amenities. The density of residential development shall be based upon the density limits of the existing residential districts. In no case shall the housing density exceed the limits of that permitted for the total site based upon the mapped residential districts, except as illustrated in Subsection (b) stated below.

b. Density bonus.

(1) The Board of Aldermen may approve an increase in the allowable density within a "PD-R" District upon dedication of land or equivalent cash contribution, under the specific guidelines listed, for the land acquisition, development and/or maintenance of a park site. The density bonus shall be calculated on the basis of the net development area, which excludes required right-of-way and required open space.

(2) Based upon the average per acre density of the requested underlying zoning district, for every acre dedicated the development rights (residential density) for that acre can be transferred and provided upon another acre or spread throughout the net development area. For that same acre received in dedication, an applicant may be entitled to receive an additional thirty percent (30%) of the allowable density for each acre dedicated. This additional density may be provided elsewhere or spread throughout the net development area.

(3) If a density bonus is requested, the applicant shall document all site amenities, improvements and location of additional lots for the City's review and consideration.

(4) If a density bonus is requested through the dedication of land, the Board of Aldermen shall review the size and scope of the dedication and determine if the dedication fulfills the recreational needs of City residents.

(5) When a density bonus is requested and where the City determines that the recreational needs of the residents of a proposed development or area of the City would be better served through the development of land outside of a proposed project boundary, or where a "PD" Planned Development is too small to include an adequate park site or available land is inappropriate for recreational uses, the subdivider or developer may pay a cash contribution in lieu of the land dedication equal to the land value as set forth in this paragraph. The cash contribution in lieu of parkland dedication shall be held by the City in a special fund and dispersed for the acquisition and development of parkland for the benefit of the future or current residents of such subdivision. The cash contribution in lieu of land dedication shall be equal to the average acquisition cost per acre of the development, plus an inflation factor based on a consumer price index for real estate from the date of purchase, that otherwise would have been dedicated as park land.

(6) All lands dedicated shall be free from any liens or encumbrances. Depiction of property dedicated as permanent open space and/or recreational use on the final development plan shall guarantee the land remains permanently used for open space.

F. Procedures For Planned Development — Approval.

1. Pre-application meeting.

a. Not more than six (6) months prior to filing any application for rezoning to one (1) of the planned development districts, the prospective applicant shall request a pre-application conference with the City Planning Department. The City Planner may request that other City representatives attend this meeting. At this meeting, the applicant shall provide general information on the proposed development including the site location, existing site conditions and a sketch plan of the proposed planned development. The City Planner shall provide the applicant an evaluation of the sketch plan with respect to its compliance with the intent of the planned development regulations. This conference is intended to insure conformity with the intent of the "PD" District and conformity with other City ordinances and requirements.

b. The information included with the sketch plan are those items indicated in Section 410.090 (Sketch Plat Requirements) and 410.100 (Preliminary Plat Requirements) and the following information where applicable:

(1) Conceptual building footprints for all proposed structures except one- and two-family dwellings proposed on subdivided lots;

(2) Circulation plan, including all circulation streets and parking areas;

(3) Conceptual landscaping plan indicating common open space areas, park site if proposed, recreational areas and buffer areas between the project and adjacent properties.

2. Preliminary development plan — preliminary development plan requirements. A preliminary development plan shall include the information required in Section 410.100 "Preliminary Plat" of the Subdivision and Land Development Regulations as applicable. In addition, the following information shall be included as applicable:

a. Gross and net acreage of the tract (exclusive of streets).

b. Preliminary building footprints of all proposed structures, except single-family detached and two-family dwellings proposed on subdivided lots.

c. Internal traffic circulation drives and parking areas, except driveways associated with single-family and two-family dwellings proposed on subdivided lots.

d. Maximum number of residential dwelling units allowed per the existing zoning district or districts.

e. Number of residential dwelling units proposed and residential densities proposed for the development.

f. Number of off-street parking spaces required and proposed.

g. Gross floor area of principal buildings and structures. Non-residential uses shall be identified by use type.

h. Building setbacks from property lines and between buildings where more than one (1) building is located on a lot.

(1) The proposed location and use of open spaces, including common ground, recreational areas, plazas and buffer areas.

i. Landscaping plan including information on the location of tree plantings by type (deciduous, coniferous and ornamental trees), shrubs and ground cover species. Landscaping for the development shall be provided in accordance with the requirements of subdivision and land development standards where applicable.

j. The applicant may be required to provide such additional clarification and/or information on the preliminary development plan as determined by the City Planner and/or the Planning and Zoning Commission.

3. Preliminary development plan (request to rezone) review procedure.

a. Preliminary subdivision plat approval. Within six (6) months after the pre-application meeting, the applicant shall file an application for preliminary development plan approval and submit five (5) copies of the preliminary development plan, otherwise the pre-application meeting must be repeated. Application for rezoning to a "PD" District shall be filed at least thirty (30) days prior to the Commission meeting at which it is to be first heard. A preliminary subdivision plat associated with a planned development shall be subject to the provisions of Section 410.100 of the subdivision and land development regulations. Review and approval of the preliminary subdivision plat and preliminary development plan (request to rezone) shall take place concurrently.

b. Completeness of submittal. Upon receipt of the application for rezoning to a "PD" District and an associated preliminary development plan, the City Planner shall review the submitted plan for completeness. If the City Planner determines the plan is incomplete, the applicant shall be notified of its deficiencies and the review procedure may be delayed until all required information has been provided. The City Planner shall distribute copies of the completed submittal to other staff as appropriate.

c. Staff review. The City Planner shall review the preliminary development plan and solicit comments from other City staff regarding compliance with the subdivision regulations and other applicable regulations and to identify any deficiencies and site planning issues to the applicant. Staff findings shall be submitted to the Planning and Zoning Commission. Findings shall be provided prior to the next Planning and Zoning Commission deadline.

d. Resubmission of preliminary development plan. The applicant shall resubmit twenty (20) copies of the revised preliminary development plan incorporating any changes resulting from staff review. Copies of the revised plan shall be forwarded to the Planning and Zoning Commission.

e. Public hearing. The Planning and Zoning Commission shall hold a public hearing on the rezoning request for a "PD" District and associated preliminary development plan and plat in accordance with the provisions of Section 400.110(1) Amendments.

f. Planning and Zoning Commission recommendation. The Planning and Zoning Commission shall forward its recommendation to the Board of Aldermen. This recommendation shall address site planning issues and compatibility with adjoining areas. A recommendation for approval shall include conditions, as appropriate, to be included in the ordinance establishing the "PD" District. Such conditions may include, as applicable, but shall not be limited to:

(1) Permitted uses;

(2) The number of lots or dwelling units authorized;

(3) The maximum floor area authorized for any non-residential use for each building within the development permitted in a "PD-C", "PD-I" or "PD-MXD" District;

(4) Building and structure height limitations;

(5) Minimum setback requirements;

(6) Minimum acreage and function of open spaces and recreational amenities if applicable;

(7) Compliance with off-street parking and loading requirements;

(8) Compliance with sign regulations;

(9) Compliance with street design and/or circulation;

(10) Lighting limitations for non-residential uses;

(11) Hours of operation limitations for non-residential uses.

g. Public hearing before Board of Aldermen. The applicant shall submit twenty (20) copies of the preliminary development plan. These copies shall be forwarded to the Board of Aldermen. The Board of Aldermen shall hold a public hearing on the rezoning request for the "PD" District and associated preliminary development plan in accordance with the provisions of Title IV Land Use, Section 400.110(1) "Amendments".

h. Board of Aldermen approval. If the preliminary development plan is approved by the Board of Aldermen, it shall adopt an ordinance establishing the appropriate "PD" District. The ordinance shall include reference to an approved preliminary development plan citing all conditions imposed on the plan and requiring the submission of a final development plan for review and certification by the City of Foristell. A two-thirds (⅔) vote of the Board of Aldermen shall be required to overrule the Planning and Zoning Commission recommendations.

4. Effect of approval of preliminary development plan and period of validity.

a. All conditions imposed as a part of any planned development shall run with the land and shall not lapse or be waived because of a subsequent change in ownership of any or all land involved.

b. Approval of the preliminary development plan by the Board of Aldermen constitutes an authorization to proceed with the preparation of the record plat. No building permits shall be issued until a record plat has been approved in accordance with the provisions of this Section.

c. Approval of a preliminary development plan shall be valid for a period of one (1) year from the date of the Board of Aldermen approval. If an application for record plat approval for all or a portion of the preliminary development plan has not been filed within a one (1) year period, then a resubmission of the preliminary development plan shall be required. The Board of Aldermen may grant a one (1) year extension from the date of expiration.

d. The Planning Department shall notify the applicant in writing prior to expiration of any plan approval notifying the applicant of the expiration date.

e. At such time as the period of validity of an approved preliminary or record plat development plan lapses, the property in question shall revert back to its previous zoning status prior to plan approval.

5. Final development plan — record plat.

a. Compliance with the approved preliminary plan. The final development plan shall be in substantial compliance with the approved preliminary development plan and shall comply with the conditions of the ordinance establishing the specific "PD" District.

b. Record plat submittal requirements. The final development plan shall include the required information described in "Subdivision and Land Development Regulations", Section 410.120, as applicable, and information from the approved preliminary development plan. In addition, the following information shall be included as applicable:

(1) The final development plan shall include the entire planned development. The development may occur in phases with estimated dates for completion.

(2) Any plan revisions that are required because of conditions placed upon the preliminary development plan. Approval of the final development plan constitutes what must be built.

(3) The final landscape plan identifying the specific location of all plant material, specifying size and species.

(4) Written evidence that designs for streets and/or signalization have been approved by the Missouri Department of Transportation and/or St. Charles County Highway Department if the development proposes street access to either jurisdiction.

c. Final development plan review. The applicant shall submit five (5) copies of the final development plan for review by the City Planner. Upon receipt of the plan and any other applicable documents, the City Planner shall review the documents to determine completeness. The City Planner shall notify the applicant of plan deficiencies if the submittal is incomplete. The City Planner may delay the processing of the final development plan until all required information has been provided. The City Planner shall solicit comments from other City staff with respect to meeting the requirements of the subdivision of land regulations and other applicable regulations. Staff findings shall be submitted to the Planning and Zoning Commission. The applicant shall resubmit twenty (20) copies of the revised final development plan incorporating any changes resulting from staff review. Copies of the revised plan shall be forwarded to the Planning and Zoning Commission for review.

d. Planning and Zoning Commission recommendation. The Planning and Zoning Commission shall review and forward its recommendation to the Board of Aldermen. This recommendation shall address the final development plan and insure that the plan is in substantial compliance with the approved preliminary development plan and satisfies the conditions of the ordinance which established the "PD" District.

e. Board of Aldermen approval. The Board of Aldermen shall adopt an ordinance approving the plan. The ordinance shall include reference to the approved preliminary plan and certify that all conditions of preliminary plan approval have been provided for in the final development plan.

f. Final plat approval. Final plat approval associated with a planned development shall be subject to the provisions of the "Subdivision of Land Development Regulations", Section 410.120.

g. Period of validity. Approval of a final development plan of a "PD" shall expire and be of no effect one hundred eighty (180) days after the date of approval unless and until all appropriate fees have been paid and the City shall have approved the improvement plans subject to the provisions of the "Subdivision of Land Development Regulations, Section 410.140, for the development authorized by said final plan. Approval of the final plan in a "PD" District shall expire and be of no effect one (1) year after the date of approval unless construction is begun and is diligently pursued in accordance with the approved improvement plans. Expiration of the approved plan shall authorize the Board of Aldermen to require filing and review of a new final plan.

h. Construction of improvements under an approved PD shall be completed within two (2) years of the date of approval of the final plan. If said improvements are not so completed, the Commission shall not review or approve plans for any subsequent phases of the "PD" unless good case can be shown for not completing same.

G. Amendments To The "PD" Ordinance Or Development Plan.

1. Amendment request. The property owner or authorized representative shall submit a written request to the City Planner to amend the conditions of the ordinance establishing the "PD" District and/or development plan for review.

2. Administrative approval — minor amendments. The City Planner shall review the request in relation to the approved "PD" ordinance and development plan that was subject to the ordinance approving such plan. If the City Planner determines that the requested changes are minor modifications and are not in major conflict with the plan approved by the Board of Aldermen, the City Planner shall require the submittal of an amended plan and approve said plan without further public hearings. The City Planner shall indicate in writing approval of the changes to the applicant and shall report in writing to the Planning and Zoning Commission and Board of Aldermen of said change. The amended plan shall be retained on the file in the City's Planning Department. Administrative approval pursuant to this Section shall not result in any of the following:

a. A substantial change in the character of the development;

b. A substantial increase in the coverage of structures;

c. Any increase to residential density;

d. Increase in traffic volumes or traffic circulation;

e. A substantial reduction in the amount of open space;

f. A reduction in the amount of required parking;

g. Any other request of similar character.

3. Major amendments, adjustments or changes. If the City Planner determines that the proposed plan changes are in conflict with the approved final development plan and the amendments are substantial in nature, the amended plan shall be reconsidered for approval by the Planning and Zoning Commission and Board of Aldermen. If deemed necessary, the Board of Aldermen may order that public hearings be held in accordance with Section 400.110(1), "Amendments" for approval of such changes.

H. Performance Guarantees — Commercial And Industrial Developments. As a condition of the approval of a planned development, the Planning and Zoning Commission may require the applicant to make a deposit with the Director of Public Works of a performance guarantee in the form of cash, a certified check or other form of surety acceptable to the Board of Aldermen in an amount sufficient to insure performance of any obligations of the applicant to make improvements shown upon the approved plan or attested to in any accompanying documents.

1. The amount of the deposit shall be established by the Director of Public Works and shall be sufficient to insure completion of the improvements within the time period specified by this Chapter.

2. The selected performance guarantee shall be reviewed and approved by the City Attorney as to legal form.

3. The Public Works Director shall refund to the applicant, upon authorization by the Board of Aldermen, amounts of any deposits equivalent to the ratio of the work completed of the entire improvements secured as verified by the Director of Public Works. Such refunds shall not exceed ninety percent (90%) of the total deposit held. Upon completion of all the secured improvements in conformance with all applicable City standards and specifications as verified by the Director of Public Works, the Board of Aldermen may authorize and the Director of Public Works release the final ten percent (10%).

4. Additional guarantees. The developer shall also provide additional guarantees that will insure a quality development for years to come. Such guarantees shall include covenants and restrictions that allows a homeowners' association to police exterior maintenance, notify neighbors of violations, make repairs, if necessary, to maintain surrounding property values and file liens if owner fails to pay for said repairs. Covenants and restrictions may include assessments towards a reserve fund for exterior upkeep.

Section 400.200 "C-1" Neighborhood Business District.

[Ord. No. 330 §1(20), 7-12-1999; Ord. No. 554 §1, 8-4-2003]

A. Purpose. This district represents those areas that are intended to provide certain limited retail sales and services on a comparatively small scale as a convenience to the residents of the immediate area. These commercial services are not intended to disrupt the general character of surrounding residential areas. It is intended that these areas be developed with appropriate landscaping and screening materials. Such business may sell products that may or may not be produced on site. There is to be no wholesaling of products from businesses in this district. Certain commercial uses that would function more effectively in locations appropriate for a more dense concentration of commercial and service activities have been excluded.

B. Permitted Uses.

1. Accounting, auditing and bookkeeping service.

2. Advertising and printing service.

3. Artists, painters, sculptors, composers, authors.

4. Antique shop.

5. Bakeries and bake shop. (No wholesale sales.)

6. Banks, savings and loan associations and other financial institutions without drive-up service.

7. Bookstores and pharmacies.

8. Business investment and management consulting service, professional offices for accounting, administration, legal services, architectural, engineering, insurance agency, real estate, title companies, newspaper offices, management, urban planning or similar services.

9. Card, gift and specialty shops.

10. Charitable and welfare services.

11. Computer programming, software services and data processing services.

12. Coffee shop, delicatessen or flower shop. (No wholesale sales.)

13. Convalescent home, nursing home, home for the aged.

14. Day and child care duly licensed by the State of Missouri.

15. Electronics and appliance repair and service. Services provided by these businesses shall be limited to repairs of items that are hand transportable by the customer or items the business repairs at the customer's home.

16. Funeral homes, mortuary (no crematorium).

17. Government offices and services including public building or facility erected by a government agency, such as fire station, libraries, post office, municipal buildings, etc.

18. Government and public service and transportation installations and facilities, to include gas metering stations, water and sewer pumping stations, water and sewer treatment facilities, communication transmitting towers and relay stations and water, electrical, gas and telephone facilities to include utility substations for gas, electric or telephone, sewage treatment plants, oxidation ditches, lagoons and related facilities, water supply and treatment plants, pumps, reservoirs, wells and elevated storage tanks for the purpose of providing services to the public.

19. Grocery or convenience store (no gasoline or other petroleum based fuel sales permitted).

20. Group home facility.

21. Medical, dental, dental laboratory, optometrist, chiropractic and other similar health care offices and clinics.

22. Monuments and historic sites.

23. Public or private elementary and/or secondary schools with an instructional or vocational curriculum.

24. Personal service businesses such as alteration and garment repair, barber or beautician, health and exercise facilities, clock and jewelry repair, locksmith, taxicab dispatch office only, dry cleaning or laundry pickup station, laundromat, mailing services, employment services, janitorial and cleaning services, investment agencies, travel agencies, florist, shoe repair and similar uses.

25. Place of worship such as churches, temples and synagogues.

26. Public or private library.

27. Public park, open space or playground.

28. Restaurants, cafeterias, bars, taverns, lounges, dairy and ice cream store and similar food type establishments. These uses do not include drive-in or drive-through establishments.

29. Research and development offices.

30. Retail sales within stores and shops for apparel and accessories, bicycles, books, cameras and photographic supplies, flooring, drugs, furniture, flowers, hobby supplies, jewelry or clocks, novelties or souvenirs, shoes, sporting goods and similar uses.

31. Taxicab dispatch (office only).

32. Accessory uses customarily incident to any of the above uses. See Accessory Use Section of this Code unless otherwise provided for in this Code.

C. Conditional Uses. Uses permitted upon review of the Planning and Zoning Commission on a conditional basis shall be as follows:

1. Ambulance service.

2. Amphitheater and auditoriums lecture halls.

3. Any use of a drive-up or drive-through window or service for any permitted use or conditional use in this district.

4. Art galleries, museums, including sales and service.

5. Athletic fields, gymnasiums, athletic clubs.

6. Automobile service and fuel station.

7. Bed and breakfast residence. Maximum of five (5) rooms. Maximum of three (3) bedrooms.

8. Cemetery on a site of not less than twenty (20) acres.

9. Dwellings — single- and multi-family.

10. Furniture repair, refinishing, re-upholstery.

11. Historic sites.

12. Hotel, motel or extended-stay lodging facility including accessory uses customarily incidental to hotels and motels.

13. Lawn care service establishment, landscape nursery for growing plants, trees, shrubs, including sales of nursery stock and garden supplies, patio and garden house, retail greenhouse. Not larger than one (1) acre.

14. Pet adoption center, animal hospital, veterinarian clinic or animal beauty parlor, provided that all workrooms, pens and kennels are maintained in a completely enclosed, soundproof building. Conditions shall be imposed to protect adjoining land uses for potential noise and odor.

15. Postal buildings and services.

16. Public parking lots and garages.

17. Repair and service establishments where the product repaired has been removed from the consumer's home and taken to the "shop" for repair or service. These are normally larger items and are not readily transportable by customer. This use does not allow auto or truck repair or body work.

18. Restaurant and delicatessens without drive-in or drive-through facilities.

19. Institutions of higher education, including classroom buildings, gymnasium, dormitories and other uses incidental to such an institution.

20. Self-storage units or mini-warehouses. All such storage units to be fenced and screened.

21. Theater.

D. Accessory Uses. Accessory uses are those uses associated with a permitted or approved conditional use, located within a facility or that are incident to such uses when located on the same lot in accordance with the Accessory Use Section of this Code.

E. Outdoor Storage. Outdoor storage or display of merchandise, materials or equipment or vehicles is prohibited in this district unless approved by the City's issuance of a conditional use permit in accordance with this Code.

F. Lot Requirements, Building Size And Performance Standards.

1. Lot requirements.

a. Minimum lot width. Seventy (70) feet at the building line.

b. Minimum lot area.

(1) Residential use. Minimum of eight thousand (8,000) square feet.

(2) Commercial use. Minimum of eight thousand (8,000) square feet plus whatever space is needed for all building setback and other requirements including, but not limited to, off-street parking requirements.

2. Yard requirements.

a. Front yard. Not less than thirty (30) feet.

b. Side yard. Minimum depth of twelve (12) feet.

c. Rear yard. Minimum depth of thirty (30) feet.

3. Building size, building height and maximum lot coverage.

a. Building size — residential.

(1) Single-family residence. Minimum of one thousand (1,000) square feet.

(2) Multi-family residence. Same as requirements in "R-5" District.

b. Maximum number of dwelling units. Same as requirements in "R-5" District.

c. Building size — commercial.

(1) All newly constructed buildings shall have a minimum of two thousand (2,000) square feet.

(2) Minimum of one thousand (1,000) square feet if an existing building is used for office space or service business.

(3) Minimum of two thousand (2,000) square feet if an existing building is used for non-office or a non-service business.

d. Height requirement. No building or structure shall exceed a height of thirty-five (35) feet or two and one-half (2½) stories, whichever is less, unless approved by the City's issuance of a conditional use permit in accordance with this Code.

e. Maximum lot coverage. The maximum lot coverage by structures shall not exceed thirty-five percent (35%).

4. Off-street parking and loading. Off-street parking and loading shall be in accordance with Article V, Supplementary Regulations, of this Code.

5. Performance standards.

a. Flea markets and auctions, both those inside or outside of a building, are prohibited.

b. No separate business establishment shall occupy more than five thousand (5,000) square feet of floor space.

c. Wholesale sales and warehousing is prohibited.

d. All fencing in the "C-1" Neighborhood Commercial District shall be ornamental.

e. Stormwater shall be detained underground, in retention basins or utilize adjacent project detention facilities as applicable per ordinance.

f. Parking lot lighting fixtures shall not exceed a maximum height of twenty (20) feet unless approved by the City's issuance of a conditional use permit in accordance with this Code. All light fixtures shall be screened or directed away from streets and adjacent properties.

g. All buildings and structures are to fit the general characteristics of the area and be developed with appropriate landscaping and screening materials.

G. Design Standards, Protective Screening.

1. Design standards. All buildings erected and constructed in this district shall have the exterior facade constructed to the following minimum design standards.

a. Suggested building materials. Commercial buildings shall have exterior wall material of brick, stone, stucco, textured masonic, decorative concrete masonry unit, glass, e.i.f.s./dryvit, vinyl or wood siding. No new commercial building shall have an exterior material consisting of metal or concrete cinder block.

b. Building colors. Building colors shall be earth tones or similar colors that include, but are not limited to, beige, brown, gray, blue, green, white or red. Roof and trim colors shall be earth tone and complement the main color of the building.

c. Mechanical equipment. All equipment and heating and air conditioning equipment whether roof- or ground-mounted on commercial buildings shall be screened from view to the height of the equipment with a similar material used for the building, vinyl or wood fencing.

d. Front facade. The front facade of every commercial building in the district, excluding window glass and doors, shall be comprised of brick, stone or masonry material for one hundred percent (100%) of the facade(s) facing a public street. All buildings shall present a well-maintained frontage, harmonious in design to the surrounding vicinity. Creative use and design of other materials are encouraged to accent brick, stone or masonry work on the front facade(s).

e. Type and pitch of roofing system shall be compatible with adjacent structures as applicable via site plan approval.

f. Development shall provide compatible architectural features as adjacent residential structures such as, but not limited to, compatible trim and moldings, roof form and type, window construction, porches, structure recesses or projections and similar features via site plan approval.

2. Protective screening.

a. All exterior solid waste container racks or stands shall have a concrete floor and shall be screened from public view by an enclosure that shall be a minimum of six (6) feet in height. Screening shall be constructed of a similar material used for the building.

b. Where the district directly adjoins a residential zoning district or is located across a public street or alley from a residential zoning district, a landscape greenbelt at least twenty (20) feet in depth shall be provided and maintained along the appropriate property line by the users of the "C-1" property. The greenbelt shall be planted with trees and/or shrubs and maintained in a healthy growing condition and be neat and orderly in appearance. In no instance shall the greenbelt include parking lots or impervious surfaces or be used for loading or storage space. Along the inner side of the greenbelt, except where the greenbelt adjoins a public street, there shall be provided either:

(1) A continuous visual screen with a minimum height of six (6) feet, such screen consisting of a compact evergreen hedge or foliage screening, or

(2) An ornamental masonry wall or wood fence at least six (6) feet in height above grade.

H. Public Utilities. Any area zoned "C-1" Neighborhood Business District shall be served by approved public water and sewer facilities. All electric, telephone or other utilities extended within the district shall be constructed underground.

I. Businesses Serving Alcoholic Beverages. All building corners of package liquor stores and businesses, other than restaurants, serving alcoholic beverages shall be a minimum of three hundred (300) feet from main entrance of any school, place of worship or library.

Section 400.210 "C-2" General Commercial District.

[Ord. No. 104 §§1 — 2, 6-12-1989; Ord. No. 330 §1(21), 7-12-1999; Ord. No. 479 §2, 4-15-2002; Ord. No. 555 §1, 8-4-2003; Ord. No. 728 §3, 6-16-2008]

A. Purpose. This district represents those areas that are intended to provide the community and its trade area with major commercial services and major shopping areas. The intent of this district is to facilitate conditions suitable for business operations and to provide a wide range of goods and services as may be used, consumed or needed by those living in the City and surrounding area. It is intended that these uses are to be developed with appropriate landscaping and screening materials.

B. Permitted Uses.

1. Any "permitted" use listed in the "C-1" District.

2. Ambulance service.

3. Auditorium or lecture hall (not more than five thousand (5,000) square feet of floor space).

4. Business or commercial schools, instructional or educational and schools of higher education.

5. Carpentry craft shops and woodworking, china, glassware, metal, paint, wallpaper shops.

6. Cleaning, laundry, printing, plumbing, tinsmith, furniture repair, refinishing and/or upholstering and other general service or repair businesses of similar character.

7. Department, discount or variety store.

8. Display and salesroom with or without warehousing for product.

9. Exterminators.

10. Farm implement sales and repair provided no dismantled implements or parts are displayed or stored outside the building.

11. Farm or feed store, agricultural services. No bulk storage of liquid or solid fertilizer or other hazardous goods or materials is allowed.

12. Frozen food locker or meat processing. No slaughtering of animal is allowed.

13. Garden supplies and display store.

14. General contracting and building construction services. Construction, grading, hauling, excavating and similar equipment shall be stored in an enclosed building.

15. Health and exercise facility or athletic club.

16. Hospital or major medical clinic.

17. Medical laboratory including research, experimental or testing.

18. Monument sales.

19. Motel or hotel.

20. Package liquor sales.

21. Pawnshops.

22. Pet grooming, pet shops and pet supplies.

23. Printing, publishing, photo finishing and engraving services.

24. Public parking garage or parking lot.

25. Radio or television broadcasting station or studio and towers.

26. Repair and service establishments where the product repaired or serviced has been removed from the customer's home and taken to the "shop" by the repair facility for repair. These are normally larger items and are not readily transportable by the owner.

27. Sales and service for the following: appliances, blueprinting, photocopying, electronics, computer hardware and software, publishing, engraving, office and business equipment and services.

28. Social services activities for such uses as food pantries, drug rehabilitation programs, parole office.

29. Sporting goods and bait shops.

30. Supermarket.

31. Taverns, bar, cocktail lounges or microbrewery.

32. Theater.

33. Tire sales and service with no outside storage or display. All tires must be kept in enclosed buildings.

34. Veterinarian, animal hospital, kennels or dog pound, including runs, if within an enclosed building. All buildings must be at least fifty (50) feet from any property line. Outside runs require a conditional use permit.

35. Wholesale establishment with a warehousing area that does not exceed forty percent (40%) of the ground floor area.

36. Accessory uses customarily incident to any of the above uses unless otherwise provided for in this Code. See Accessory Use Section of this Code.

C. Conditional Uses. Uses permitted upon review of the Planning and Zoning Commission on a conditional basis shall be the conditional uses set forth in "C-1" District and as follows:

1. Agricultural or farm equipment sales, storage or repair.

2. Amusement park, amphitheater, racetrack, game complex or drive-in theater.

3. Athletic field, gymnasiums, auditorium, arena, field house, convention center, museum or planetarium, stadium or zoo.

4. Automated teller machines (ATM) as a primary use or exterior to a multi-tenant commercial shopping center having greater than one hundred thousand (100,000) square feet of lease space.

5. Bakery must have retail and wholesale trade.

6. Banks and financial institutions that include drive-through facilities.

7. Bed and breakfast residence. Maximum of five (5) rooms.

8. Blacksmith or welding service shops.

9. Bottled gas, leasing and sales.

10. Bus station.

11. Commercial recreational uses, bowling alley, billiard parlor, dance hall, skating rink, game arcade, etc., providing all buildings are at least two hundred (200) feet from a residential district.

12. Cemetery on a site of not less than twenty (20) acres.

13. Construction equipment sales, leasing, rental, repair or storage.

14. Convenience store or food stop with fuel pumps.

15. Drive-through pickup and delivery service establishments.

16. Drive-in or drive-through establishments, including restaurant and theater, provided all parking areas and drives are paved with concrete or asphaltic concrete.

17. Fertilizer storage in bags or bulk storage of liquid or dry fertilizer.

18. Golf course, miniature golf course or driving range.

19. Kennel for commercial boarding or breeding.

20. Lumber and building materials/supply store but not lumberyards/sawmills.

21. Lawn care service establishment and landscaping contracting services and landscape nursery for growing plants, trees and shrubs.

22. Printing, publishing, painting and engraving services and shops.

23. Public parking lots, garages or motor vehicle self-storage space.

24. Public self-storage buildings or lots or mini-warehouses. All outside storage shall be fenced and screened.

25. Railroad switching yards.

26. Rental sales and services including yard and garden supplies, trailer (not mobile homes) and other such items, provided storage is within a completely enclosed building.

27. Sale or storage of stone products, monuments, sand or gravel. No crushing or grinding allowed.

28. School for industrial training, trade or business training.

29. Storage yard for boats, campers (trailers and RVs), utility trailers, cars, trucks, etc. All items must be complete. No storage of parts or incomplete items outside of building. All yards are to be fenced and screened. See Outdoor Storage Section of this Code.

30. Telephone, radio, television, microwave or other communications tower or telecommunication device.

31. Tire sales and service with outside storage. All yards are to be fenced and screened.

32. Truck or bus terminal.

33. Taxicab garaging, dispatch and maintenance.

34. New or used automobile, truck, boat, recreational vehicle, camper and equipment sales, service, leasing or rental including parts and accessories. This includes fuel station, body shop or wash facility. No outside storage of parts or disabled vehicles or equipment is permitted.

D. Accessory Uses. Accessory uses are those uses associated with a permitted or approved conditional use, located within a facility or that are incident to such uses when located on the same lot in accordance with the Accessory Use Section of this Code.

E. Outdoor Storage.

1. Outdoor storage or display of merchandise, materials, equipment or vehicles is prohibited in this district unless approved by the City's issuance of a conditional use permit in accordance with this Code.

2. This also includes material storage yards, in conjunction with a permitted or conditional use, where storage is accessory to the use of a building. A masonry wall shall enclose all products and materials used or stored, sightproof fence or hedge not less than six (6) feet in height.

3. Storage of cars or trucks used in connection with a permitted trade or business may be permitted with conditions within the screened area, but no heavy equipment such as excavating, grading or road building/maintenance equipment shall be stored outdoors.

4. New or used heavy equipment as listed above that is for sale by an equipment dealer may be displayed outdoors based on a conditional use permit as issued by the City in accordance with this Code.

F. Lot Requirements — Building Size And Performance Standards.

1. Lot requirements.

a. Minimum lot width. Sixty (60) feet at the building line.

b. Minimum lot area.

(1) Residential use. Minimum of eight thousand (8,000) square feet.

(2) Commercial use. Minimum of eight thousand (8,000) square feet plus whatever space is needed for all building setback and other requirements including, but not limited to, off-street parking requirements.

2. Yard requirements.

a. Front yard. Not less than thirty (30) feet.

b. Side yard. Not Less than ten (10) feet.

c. Rear yard. Not less than fifteen (15) feet except that where a rear yard adjoins property zoned as residential, a rear yard of twenty-five (25) feet shall be provided.

3. Building size, maximum number of dwelling units, businesses, building height and maximum lot coverage.

a. Building size.

(1) Single-family residence. Minimum of one thousand (1,000) square feet.

(2) Multi-family residence. Same as requirements in "R-5" District.

b. Maximum number of dwelling units. Same as requirements in "R-5" District.

c. Business.

(1) All newly constructed buildings shall have a minimum of two thousand (2,000) square feet.

(2) Minimum of one thousand (1,000) square feet if an existing building is used for office space or service business.

(3) Minimum of two thousand (2,000) square feet if an existing building is used for nonoffice space or a non-service business.

d. Height requirement. No building or structure shall exceed a height of three (3) stories or fifty (50) feet, whichever is less, unless approved by the City's issuance of a conditional use permit in accordance with this Code.

e. Maximum lot coverage. As dictated by other area and performance requirements such as yard setbacks, landscaping and off-street parking.

4. Off-street parking and loading. Off-street parking and loading shall be in accordance with Article V, Supplementary Regulations, of this Code.

5. Performance standards.

a. Bulk storage of any flammable or hazardous liquid shall be underground.

b. Environmental standards. All uses shall comply with all applicable State and Federal regulations.

c. Use of vehicles or trailers as storage facilities are prohibited. Temporary use during special events or sales not to exceed seven (7) consecutive days is allowed. Any such use exceeding seven (7) consecutive days requires a conditional use permit.

d. Vehicle uses in conjunction with the operation of the business shall be parked to the side or rear of the business if such parking is available. If such parking is not available, vehicles shall not be parked to obstruct visibility of the business.

e. Parking lot lighting fixtures shall not exceed a maximum height of twenty (20) feet unless approved by the City's issuance of a conditional use permit in accordance with this Code. All light fixtures shall be screened or directed away from streets and adjacent properties.

f. All buildings and structures are to fit the general characteristics of the area and be developed with appropriate landscaping and screening materials.

G. Design Standards, Protective Screening.

1. Design standards. All buildings erected and constructed in this district after the effective date of this Section shall have the exterior facade constructed to the following minimum design standards.

a. Suggested building materials. Commercial buildings shall have exterior wall material of brick, stone, stucco, textured masonite, decorative concrete masonry unit, glass, e.i.f.s./ dryvit, vinyl or wood siding, metal pane or concrete cinder block, which is painted or finished.

b. Building colors. Building colors shall be earth tones or similar colors that include, but are not limited to, beige, brown, gray, blue, green, white or red. Roof and trim colors shall be earth tone and complement the main color of the building.

c. Mechanical equipment. All equipment and heating and air conditioning equipment whether roof- or ground-mounted on commercial buildings shall be screened from view to the height of the equipment with a similar material used for the building, vinyl or wood fencing.

d. Front facade. The front facade of every commercial building in this district, excluding window glass and doors, shall be comprised of brick, stone or masonry material for one hundred percent (100%) of the facade(s) facing a public street. All buildings shall present a well-maintained frontage, harmonious in design to the surrounding vicinity. Creative use and design of other materials are encouraged to accent brick, stone or masonry work on the front facade(s).

2. Protective screening.

a. All exterior solid waste containers and container racks or stands shall have a concrete floor and shall be screened from public view by an enclosure which shall be a minimum of six (6) feet in height. Screening shall be constructed of a similar material used for the building.

b. Where the General Commercial District directly adjoins an agricultural or residential zoning district, or is located across a public street or alley from a such a zoning district, a landscape greenbelt at least twenty (20) feet in depth shall be provided and maintained along the appropriate property line by the users of the "C-2" property. The greenbelt shall be planted with trees and/or shrubs and maintained in a healthy growing condition and be neat and orderly in appearance. In no instance shall the greenbelt include parking lots or impervious surfaces or be used for loading or storage space. Along the inner side of the greenbelt, except where the greenbelt adjoins a public street, there shall be provided either:

(1) A continuous visual screen with a minimum height of six (6) feet, such screen consisting of a compact evergreen hedge or foliage screening, or

(2) An ornamental masonry wall or wood fence at least six (6) feet in height above grade.

H. Public Utilities. Any area zoned "C-2" General Commercial District shall be served by approved public water and sewer facilities. All electric, telephone or other utilities extended within the district shall be constructed underground. (See Section 410.210 for underground utility regulations.)

I. Businesses Serving Alcoholic Beverages. All building corners of package liquor stores and businesses, other than restaurants, serving alcoholic beverages shall be a minimum of three hundred (300) feet from main entrance of any school, place of worship or library.

Section 400.220 "C-3" Planned Commercial District.

[Ord. No. 330 §1(22), 7-12-1999; Ord. No. 556 §1, 8-4-2003]

A. Purpose. The purpose of this district is for a unified grouping, in one (1) or more buildings, of retail shops and stores that provide for the regular needs and are for the convenience of the people residing in the community and nearby areas. It is intended that the Planned Commercial District or shopping center be developed as a unit, with adequate off-street parking space for customers and employees, and with appropriate landscaping and screening.

B. Permitted Uses-Generally. Property and buildings in a Planned Commercial District or shopping center shall be used for the permitted uses of the "C-1" and "C-2" Districts. These uses shall be located in a unified business or shopping center that shall have not less than five (5) stores and shops. At least one (1) of the stores shall be a major retail outlet of not less than ten thousand (10,000) square feet of gross floor area. The shops and stores of this commercial business district or shopping center shall have a combined total gross floor area of not less than twenty thousand (20,000) square feet.

C. Conditional Uses. Uses permitted upon review of the Planning and Zoning Commission on a conditional basis shall be the conditional uses as set forth in the "C-1" and "C-2" Districts.

D. Accessory Uses. Accessory uses are those uses associated with a permitted or approved conditional use, located within a facility or that are incident to such uses when located on the same lot in accordance with the Accessory Use Section of this Code.

E. Outdoor Storage. Outdoor storage or display of merchandise, materials, equipment or vehicles is prohibited in this district unless approved by the City's issuance of a conditional use permit in accordance with this Code.

F. Lot Requirements — Building Size And Performance Standards.

1. Lot requirements.

a. Minimum lot width. Sixty (60) feet at the building line.

b. Minimum lot area. Three (3) acres. The parcel of land on which a Planned Commercial District or shopping center is to be located shall be subject to the approval of the Planning and Zoning Commission and the Board of Aldermen.

2. Yard requirements.

a. Front yard. Not less than thirty (30) feet.

b. Side yard. Not less than ten (10) feet.

c. Rear yard. Not less than thirty (30) feet.

3. Building height and maximum lot coverage.

a. Height requirement. No building or structure shall exceed a height of thirty-five (35) feet or two and one-half (2½) stories, whichever is less, unless approved by the City's issuance of a conditional use permit in accordance with this Code.

b. Maximum lot coverage. As dictated by other area and performance requirements such as yard setbacks, landscaping and off-street parking.

4. Off-street parking and loading. Off-street parking and loading shall be in accordance with Article V, Supplementary Regulations, of this Code.

5. Performance standards.

a. All buildings and structures are to fit the general characteristics of the area and be developed with appropriate landscaping and screening materials.

b. Use of vehicles or trailers as storage facilities are prohibited. Temporary use during special events or sales not to exceed seven (7) consecutive days is allowed. Any such use exceeding seven (7) consecutive days requires a conditional use permit.

c. Vehicles used in conjunction with the operation of the business shall be parked to the side or rear of the business if such parking is available. If such parking is not available, vehicles shall not be parked to obstruct visibility of the business.

d. Bulk storage of any flammable or hazardous liquid shall be underground.

e. Other performance standards as established by this Code.

f. Parking lot lighting fixtures shall not exceed a maximum height of twenty (20) feet unless approved by the City's issuance of a conditional use permit in accordance with this Code. All light fixtures shall be screened or directed away from streets and adjacent properties.

G. Administration Procedures. The developer shall first make an application to the City for construction and rezoning of the development under this zoning district. The application shall include the following in addition to the administrative requirements set forth in this Code.

1. The developer shall submit site plans of the proposed development which shall be drawn to a scale of not less than one (1) inch equals fifty (50) feet and which shall show the arrangement of the buildings, designs and circulation pattern of the off-street parking area, landscaped yards, ornamental screening, service courts and utility drainage easements and facilities.

2. The developer shall show evidence that indicates to the satisfaction of the Planning and Zoning Commission the ability and intent to carry out the development and sign a development agreement with the City regarding developer's compliance with City's conditions and requirements prior to City's approval of record plat or issuance of building permits.

3. The location of any commercial planned district shall be on property which has an acceptable relationship to major roads and streets and the Planning and Zoning Commission must satisfy itself as the adequacy of the roads to carry the additional traffic generated by the development. Developer may be responsible for off-site improvements (such as water, wastewater, stormwater control, streets, etc.) to accommodate the new development.

H. Design Standards, Protective Screening.

1. Design standards. All buildings erected and constructed in this district shall have the exterior facade constructed to the following minimum design standards.

a. Suggested building materials. Commercial buildings shall have exterior wall material of brick, stone, stucco, textured masonite, decorative concrete masonry unit, glass, e.i.f.s./dryvit, vinyl or wood siding, concrete with textured finish, metal panel, concrete cinder block or concrete tilt-up, which is painted or finished.

b. Building colors. Building colors shall be earth tones or similar colors that include, but are not limited to, beige, brown, gray, blue, green, white or red. Roof and trim colors shall be earth tone and complement the main color of the building.

c. Mechanical equipment. All equipment and heating and air conditioning equipment whether roof- or ground-mounted on commercial buildings shall be screened from view to the height of the equipment with a similar material used for the building, vinyl or wood fencing.

d. Front facade. The front facade of every commercial building in the district, excluding window glass and doors, shall be comprised of brick, stone or masonry material for one hundred percent (100%) of the facades facing a public street. All buildings shall present a well-maintained frontage, harmonious in design to the surrounding vicinity. Creative use and design of other materials are encouraged to accent brick, stone or masonry work on the front facade(s).

2. Protective screening.

a. All exterior solid waste containers and container racks or stands shall have a concrete floor and shall be screened from public view by an enclosure which shall be a minimum of six (6) feet in height. Screening shall be constructed of a similar material used for the building.

b. Where the Planned Commercial District directly adjoins an agricultural or residential zoning district or is located across a public street or alley from a such a zoning district, a landscape greenbelt at least twenty (20) feet in depth shall be provided and maintained along the appropriate property line by the users of the "C-3" property. The greenbelt shall be planted with trees and/or shrubs and maintained in a healthy growing condition and be neat and orderly in appearance. In no instance shall the greenbelt include parking lots or impervious surfaces or be used for loading or storage space. Along the inner side of the greenbelt, except where the greenbelt adjoins a public street, there shall be provided either:

(1) A continuous visual screen with a minimum height of six (6) feet, such screen consisting of a compact evergreen hedge or foliage screening, or

(2) An ornamental masonry wall or wood fence at least six (6) feet in height above grade.

I. Public Utilities. Any area zoned "C-3" Highway Commercial District shall be served by approved public water and sewer facilities. All electric, telephone or other utilities extended within the district shall be constructed underground.

J. Businesses Serving Alcoholic Beverages. All building corners of package liquor stores and businesses, other than restaurants, serving alcoholic beverages shall be a minimum of three hundred (300) feet from main entrance to main entrance of any school, place of worship or library.

Section 400.230 "M-1" Light Industry District.

[Ord. No. 104 §§1 — 2, 6-12-1989; Ord. No. 330 §1(23), 7-12-1999; Ord. No. 479 §3, 4-15-2002]

A. Purpose. These areas are intended to provide an industrial park atmosphere for industries which do not generate noise, odor, dust, vibrations and other adverse influences on land uses. These areas should contain considerable landscaped open space and attractive structures which house all of the activities of the industrial firms. It is intended that these areas be developed with appropriate landscaping and screening materials.

B. Permitted Uses.

1. Any permissive or conditional use of the "C-2" District except dwellings used as residences, height of a structure in excess of maximum height and historic sites.

2. Wholesale bakery, bottling, dairy or food packaging plants.

3. Canning or food processing plant.

4. Carpentry, cabinet or pattern shop, millwork or woodworking plant.

5. Chemical laboratories not producing noxious fumes or odors.

6. Cold or frozen storage plants.

7. Laundry or dry cleaning plant.

8. Machine shops, plumbing and sheet metal shops and similar processes.

9. Manufacturing of products such as: awnings, brooms and brushes, buttons and novelties, candy, canvas products, electronic equipment and products, clothing, drugs or medicines, food products, plumbing supplies, signs, toys and wooden ware.

10. Produce markets, wholesale.

11. Public service and transportation installations and facilities, to include gas metering stations, water and sewer pumping stations and treatment plants, communication transmitting towers and relay stations and water, electrical and telephone facilities.

12. Accessory uses customarily incident to any of the above uses.

13. Package liquor sales.

14. Massage parlors or businesses.

C. Conditional Uses.

1. Historic sites.

2. Temporary fireworks stands.

3. Recycling centers, community and private. Must be fenced and screened.

4. Trash transfer station, if within an enclosed building.

5. Lots use less than three (3) acres.

D. Lot Requirements.

1. Front yard. Minimum depth of thirty-five (35) feet.

2. Side yard. Minimum depth of fifteen (15) feet.

3. Rear yard. Minimum depth of fifteen (15) feet.

4. Lot area. Minimum of three (3) acres.

E. Listing of permissive uses is for reference and may or may not contain all uses permitted in "M-1" Districts. The Planning and Zoning Commission will rule on individual uses if that specific use is not listed, as the need arises.

Section 400.240 "M-2" General Industry District.

[Ord. No. 330 §1(24), 7-12-1999]

A. Purpose. This district is intended to provide areas for general industrial activity where operations are not totally contained within structures and by the nature of the operations may not be compatible with other urban uses. It is intended that these areas be developed with appropriate landscaping and screening.

B. Permitted Uses.

1. Any permissive or conditional use of the "M-1" District.

2. Truck or bus terminal.

3. Grain elevators, storage and mills.

4. Monument or marble works.

5. Sales and display rooms or areas, storage yards and service facilities for contractor's equipment and supplies. All outside storage areas shall be fenced and screened.

6. Sales area and storage yard or warehouse for such materials as: asphalt, brick and blocks, building materials, gravel, lumber, machinery or wood. All outside storage shall be fenced and screened.

7. Railroad freight yards and facilities.

8. Vehicle and boat sales, new and used.

9. Public service and transportation installations and facilities, to include gas metering stations, water and sewer pumping stations and treatment plants, communication transmitting towers and relay stations and water, electrical and telephone facilities.

10. Meat market and processing with the slaughter of animals on the premises.

C. Conditional Uses.

1. Acid or corrosive manufacturing.

2. Salvage yards and recycling centers. All outside storage areas must be fenced and screened.

3. MoDNR and EPA approved incinerator.

4. Refining and manufacture of grease, fat, fertilizer, bones, glue and petroleum products.

5. Storage and manufacture of natural gas or LP gas.

6. Stock yards and holding areas for animals.

7. Massage parlor or businesses.

8. Historic site.

9. Lot use size less than three (3) acres.

D. Lot Requirements.

1. Front yard. Minimum depth of thirty-five (35) feet.

2. Side yard. Minimum depth of fifteen (15) feet.

3. Rear yard. Minimum depth of fifteen (15) feet.

4. Lot area. Minimum of three (3) acres.

E. Listing of permissive and conditional uses is for reference and may or may not contain all uses permitted in "M-2" Districts. The Planning and Zoning Commission will rule on individual uses if that specific use is not listed, as the need arises.

Section 400.250 "M-3" Planned Industrial District.

[Ord. No. 330 §1(25), 7-12-1999]

A. Purpose. A Planned Industrial District may be established on a tract of land, provided that a preliminary development plan for a Planned Industrial District has been prepared and submitted in compliance with the regulations and requirements of this Chapter and the Subdivision and Land Development Chapter. An application shall be made to the Planning and Zoning Commission for the rezoning of property for a Planned Industrial District. It is intended that a Planned Industrial District be developed as a unit, with adequate parking space for customers and employees, and with appropriate landscaping and screening. It is also intended that the Planned Industrial District be developed using permitted and/or conditional uses of all the "C" and "M" Districts.

B. Permitted Uses-Generally. Property and buildings in a Planned Industrial District shall be used for the uses permitted under the "C" and "M" Districts. It is intended that a balance mix of these uses make up the Planned District. The Planning and Zoning Commission shall review all use requests with the district plan in mind and allow such uses that benefit the whole Planned District.

C. Conditional Uses. Uses permitted upon review and approval of the Planning and Zoning Commission on an individual basis.

D. Lot Requirements.

1. Minimum area. Fifteen (15) acres. The parcel of land on which a Planned Industrial District is to be located shall be subject to the approval of the Planning and Zoning Commission and the Board of Aldermen. For a development to be approved for a Planned Industrial District, it must have at least five (5) separate businesses.

2. Where a Planned Industrial District is adjacent to any "A" or "R" Zoned District, a landscaped greenbelt at least fifty (50) feet in width shall be provided continuously on the back and sides of the property lines with a minimum height of six (6) feet above grade consisting of a compact evergreen hedge, foliage screening, masonry wall, wood fence or other types of screening so long as the degree of screening is not less than the screening afforded by the fence, etc., and shall be maintained along the appropriate property lines by the users of the Planned District. All landscaping shall be maintained in a healthy growing condition and the greenbelt shall not be used for parking facilities, loading zones or storage areas.

3. Front yard. Minimum depth of thirty (30) feet from all rights-of-way.

4. Side and rear yard. Minimum depth of fifty (50) feet if adjacent to an "A" or "R" District. If adjacent to a "C" or "M" District minimum depth of ten (10) feet is required.

5. Height of buildings. Maximum height of forty-five (45) feet.

E. Administration Procedures For Planned Industrial District Development.

1. The developer shall first make an application to the City of Foristell for construction and rezoning of the development under this zoning district. The application shall include the following in addition to the administrative requirements set forth in this Chapter:

a. The developer shall submit site plans of the proposed development which shall be drawn to a scale of not less than one (1) inch equals fifty (50) feet, and which shall show the arrangement of the buildings, designs and circulation pattern of the slot and street parking areas, landscaped yards, ornamental screening, service courts and utility drainage easements and facilities, and the relationship of the development to adjacent areas which it might affect.

b. The developer shall show evidence that indicates to the satisfaction of the Planning and Zoning Commission the ability and intent to carry out the development.

c. The location of any Planned Industrial District shall be on property which has an acceptable relationship to major roads and streets and the Planning and Zoning Commission must satisfy itself as to the adequacy of the roads to carry the additional traffic generated by the development.

2. The plan for the proposed development must present a unified and organized arrangement of buildings and service facilities which shall have a fundamental relationship to the properties comprising the planned development.

Section 400.255 "MUDD" Mixed Use Development Districts.

[Ord. No. 359 §§1 — 2, 1-13-2000; Ord. No. 363 §§1 — 2, 2-7-2000]

A. Scope Of Provisions. This Section contains the regulations for the Mixed Use Development District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter, which are incorporated as part of this Section by reference.

B. Statement Of Intent. The intent of this Section is to establish a zoning classification which permits flexibility in developments including a mixture of residential, commercial, industrial, cultural and institutional uses in a single structure or multiple structures. It is the purpose of these regulations to encourage a diversification of uses in unified projects located in proximity to major roadways and intersections and through the interrelationship of uses and structures to promote innovative and energy conscious design, efficient and effective circulation systems, a variety of housing types and to encourage the conservation of land resources, minimizing of auto travel and the location of employment and retail centers in proximity to higher density housing.

C. Permitted Land Uses And Developments. Permitted land uses and developments shall be established in the conditions of the ordinance governing a specific Mixed Use Development District; specific uses may include uses designated as permitted, accessory or conditional uses in any of the "R" Residence, "C" Commercial or "M" Industrial Districts. Each Mixed Use Development District shall include a mixture of various residential uses, office and/or retail space and office and/or industrial uses. Applicants shall be permitted to include institutional, cultural, entertainment and recreational uses in the proposed development to complement and serve the above uses.

D. Lot Area, Residential Density And Yard Requirements. The lot area, residential density and yard requirements for land uses in this district shall be as follows:

1. Minimum lot area. No minimum lot area is established for this district, but lot dimensions shall be sufficient to meet other requirements set forth in this Section or in the conditions of the ordinance governing the particular Mixed Use Development District.

2. Residential density. Residential densities shall be established in the conditions of the ordinance governing the particular Mixed Use Development District but in no event shall the density exceed thirty (30) units per acre of land in the total development excluding land which is utilized for road right-of-way purposes and excluding right-of-way dedication for widening existing roadways. This density restrictions, however, shall not apply to hotels or skilled nursing facilities.

3. Minimum yard requirements — general. Setbacks for parking areas and structures shall be established in the conditions of the ordinance governing the particular Mixed Use Development District.

4. Minimum yard requirements — specific regulations and exceptions.

a. No parking areas, internal drives, loading spaces and structures shall be permitted within ten (10) feet, any structure exceeding thirty (30) feet in height which adjoins property in the "ERG-1" Agriculture, Park Recreation and Scenic District, or any "R" Residential District shall be set back an additional one (1) foot for every two (2) feet in height above thirty (30) feet. Greater setbacks may be required by condition if necessary to ensure compatibility with adjoining developments or uses.

b. Boundary walls or fences, six (6) feet in height or less, are permitted within the minimum yard requirements, unless otherwise restricted in the conditions of the ordinance governing the particular Mixed Use Development District.

E. Off-Street Parking And Loading Requirements. The minimum off-street parking and loading requirements for any use or building in a Mixed Use Development District shall not be reduced below that required for the same use in any other "R" Residential, "C" Commercial or "M" Industrial District as set forth in Section 400.280, Off-Street Parking and Loading Spaces of the Planning and Zoning Code. These requirements may exceed minimum standards as required by conditions where determined necessary. However, the Planning and Zoning Commission may recommend and the Board of Aldermen may approve a total reduction of not more than thirty percent (30%) for developments under single ownership or management control of the required off-street parking and loading spaces where it has been demonstrated by study of the combined uses and customary operation of the uses that adequate parking would be provided.

F. Sign Regulations. Specific sign regulations shall be established in the conditions of the ordinance governing the Mixed Use Development District, which shall supersede and control any sign regulations contained elsewhere in the ordinances of the City.

G. Minimum District Area. Any parcel of land or assemblage of land, totaling a minimum of five hundred (500) acres in area, within Warren County and St. Charles County and within the corporate limits of the City of Foristell, Missouri, or abutting and having the ability to be incorporated into the City of Foristell, Missouri, shall be eligible for consideration of establishment of a Mixed Use Development District. Said parcels or assemblage of parcels shall have frontage on and direct access to both an outer road of a United States Interstate Highway System and at least one (1) Missouri State Route.

H. Procedure To Establish District. In order to establish a Mixed Use Development District through a change of zoning, the procedure shall be as follows:

1. Application. The Board of Aldermen, the owner(s) of record or the owner(s) under contract of a lot or tract of land or their authorized representatives may apply for a change of zoning to a Mixed Use Development District on the forms prescribed for this purpose by the Zoning Enforcement Officer. The petition forms shall be submitted to the Zoning Enforcement Officer and be accompanied by the following:

a. Filing fee per requirements of Section 400.120, Fees and Penalties of this Planning and Zoning Code.

b. Legal description of the property.

c. Outboundary drawing of the property prepared from available records.

d. An area plan for the entire tract including, but not limited to, the following:

(1) Proposed land uses, including general location, type and number of dwelling units; general location, type and square footage of all other proposed uses; general location and size of parking areas, major utility easements and stormwater retention/detention areas.

(2) Existing and proposed contours at vertical intervals of not less than ten (10) feet referred to sea level datum. Flood plain areas are to be delineated.

(3) Approximate location of all existing tree masses and proposed landscaping.

(4) Maximum building heights, minimum setbacks for parking and structures.

(5) Proposed ingress and egress to the site, including adjacent streets and approximate alignments of internal roadway systems.

(6) Preliminary plan sanitary sewers and stormwater drainage facilities.

2. Public hearing. A public hearing on the petition shall be held by the Planning and Zoning Commission in accordance with the provisions of Section 89.050, RSMo., and Section 400.110, Procedures of the Planning and Zoning Code, provided however, that a public hearing shall be set within thirty (30) days of the filing date or at the regular Commission meeting closest to that date.

3. Planning Commission recommendation. The Planning and Zoning Commission shall prepare a report on the requested rezoning and area plan and shall submit this report to the Board of Aldermen with fifteen (15) days. A recommendation of approval shall include recommended conditions to be incorporated into the ordinance authorizing the establishment of the Mixed Use Development District. Such conditions may include, but not be limited to, the following:

a. Permitted uses, including maximum floor areas for commercial uses and residential densities.

b. Performance standards.

c. Height limitations.

d. Minimum setback requirements.

e. Off-street parking and loading requirements.

f. Sign regulations.

g. Minimum requirements for subsequent site development plans.

h. Phasing requirements, if applicable, for each type included in the development.

i. Time limitations for commencement of construction.

4. Board of Aldermen action. The Board of Aldermen shall review the area plan and the report of the Planning and Zoning Commission thereon and shall approve or deny the requested rezoning and area plan. A decision to approve the requested rezoning and Mixed Use Development Districts shall be enacted in an ordinance or ordinances and shall contain the conditions which will govern subsequent development of the Mixed Use Development District. A copy of the approved area plan shall be retained on file with the Zoning Enforcement Officer.

5. Effect of area plan approval. A copy of the approved area plan shall be retained on file in the office of the Zoning Enforcement Officer and shall be valid for a period of two (2) years from the date of its original approval unless a site development plan is subsequently approved by the Planning and Zoning Commission for one (1) or all phases of the proposed development. Where due cause is shown by the petitioner, this time interval may be extended by the Planning and Zoning Commission.

6. Site development plan approval process.

a. After passage of an ordinance authorizing the establishment of a Mixed Use Development District and approval of an area plan, no building permits or authorization for improvements shall be issued prior to approval of a site development plan.

b. Site development plans for one (1) or all phases of the proposed development shall be submitted to the Planning and Zoning Commission for review and approval. Said plan shall contain the minimum requirements established in the conditions of the specific ordinance governing the Mixed Use Development District and, further, shall comply with the provisions of the Subdivision and Land Development Standards Ordinance of the City of Foristell.

c. Within sixty (60) days of approval, the site development plan shall be recorded with the St. Charles/Warren County Record of Deeds and thereby authorize development as depicted thereon.

d. The procedures of this Section shall be repeated in full for each phase of the development approved by the area plan.

I. Amendment Of A Mixed Use Development District. An approved Mixed Use Development District may be amended at either the area plan or site development plan stage by use of the procedure for the original approval. An amendment to a site development plan which results in a major change in the area plan, as defined as any increase in residential density or commercial floor space, shall require an amendment of the area plan and shall be processed in the same manner as the original application with public hearings before the Planning and Zoning Commission and the Board of Aldermen as described in Section 400.110 of this Chapter.

J. Guarantee Of Improvements. Unless otherwise provided for in the conditions of the ordinance governing a particular Mixed Use Development District, no building permits or permits authorizing the occupancy of a use or building, facility, industrial or commercial establishment, service concerns or residential use may be issued until required related improvements are constructed or guaranteed to be constructed in accord with Section 400.320 standards. If a Mixed Use Development District is developed in phases, the requirements shall also apply to all major improvements necessary to the proper operation and function of the section in question even though such improvements may be located outside of the section in question.

Section 400.260 Mobile Homes and Mobile Home Parks.

[Ord. No. 330 §1(26), 7-12-1999]

A. Purpose. In an effort to provide a location for single-family dwellings that may be of a temporary situation and to provide the circumstance for all to have the right to housing, a special district may be formed to provide for this type of housing.

B. Type Of Housing Or Structures Or Dwellings.

1. Mobile or manufactured home. A single-family dwelling unit having the following characteristics:

a. A structure, after fabrication in a factory, that is transportable in one (1) or more sections, which is designed to be used as a single-family dwelling, without a permanent foundation, when connected to the required utilities provides plumbing, electrical, HVAC and customary living quarters. These structures are made readily movable as a unit or units on its or their own running gear (chassis, axles, hitch and wheels) and may be moved from time to time at the convenience of the owner. These structures are normally titled and not considered real estate.

b. Mobile, modular or manufactured homes may or may not be built according to BOCA Building Codes. If they are not built according to BOCA Code, then for the purposes of the Zoning Code, they are to be classified mobile or manufactured homes.

c. Mobile, modular or manufactured homes that are built according to BOCA Building Codes and are certified by the Missouri Public Service Commission may be placed on any lot suitable and zoned for single-family residence and/or may be placed in a mobile or manufactured home district.

C. A Mobile Home District may be established on a tract of land provided a preliminary development plan for a Mobile Home District has been prepared and submitted in compliance with the regulations and requirements of the ordinance and the Subdivision and Land Development Ordinance. The net area of land to be included in a Mobile Home District shall be at least five (5) acres in size. The term "net area" shall not include any areas to be used for highways, streets, alleys or any other public ways or public property. The location of any Mobile Home District shall be on property which has an acceptable relationship to major thoroughfares, and the Planning and Zoning Commission must satisfy itself as to the adequacy of the roads and streets to carry the additional traffic generated by the development. The plan for the proposed development must present a unified and organized arrangement of sites and service facilities which shall have a fundamental relationship to the properties comprising the planned development.

D. Construction. All applications for permits to construct, alter or extend any mobile home park or district within the corporate limits of the City of Foristell, Missouri, shall be made to the City Clerk and shall follow all the requirements and regulations of the Subdivision and Land Development Ordinance, Zoning Ordinance, Building Code and the ordinances of the City of Foristell that might pertain to it.

E. License. It shall be unlawful for any person, firm or corporation to operate any mobile home park or district within the corporate limits of the City of Foristell, Missouri, unless he/they hold a valid license issued annually by the City Clerk. All applications for licenses shall be made to the City Clerk who shall issue a license upon compliance by the applicant with the provisions of this Chapter.

F. Permitted Uses.

1. Mobile, manufactured or modular homes.

2. Recreational facilities.

3. Laundry facilities.

4. Day or child care.

5. Public or private elementary schools.

6. Public service and transportation installations and facilities, to include gas metering stations, water and sewer pumping stations and treatment facilities, communication transmitting towers and relay stations and water, electrical and telephone facilities.

7. Parks and playgrounds.

8. Public building or facility erected by a government agency, such as fire stations, libraries, post office, municipal buildings, etc.

9. Accessory uses incident to the above uses when located on the same lot and including home occupations, vegetable and flower gardens and storage sheds.

G. Conditional Uses. The population density of a Mobile Home District is expected to be more dense than most residential districts therefor with the approval of the Planning and Zoning Commission a subdistrict of commercial type establishments may be approved for use in a Mobile Home District.

H. Lot Requirements.

1. All lots of a Mobile Home District shall be at least six thousand (6,000) square feet. A maximum of six (6) lots per net acre is allowed.

2. Front yard. Minimum depth of thirty (30) feet.

3. Side yard. Minimum depth of fifteen (15) feet.

4. Rear yard. Minimum depth of fifteen (15) feet.

5. Lot width. Minimum width of fifty (50) feet.

6. Lot depth. Minimum depth of one hundred twenty (120) feet.

7. Parking spaces. A minimum of two (2) off-street parking spaces shall be provided on each lot.

I. District Or Park Requirements.

1. Each mobile home park shall include a buffer zone strip around the outer boundary, sides and rear, which shall be no less than fifteen (15) feet in width, and shall have a fenced or densely planted outer perimeter suitable for privacy.

2. At least three hundred (300) square feet of common recreational area shall be provided for each mobile home lot contained within a mobile park. Under no condition shall any mobile home recreational area contain less than seventy five hundred (7,500) square feet of playground.

3. Vehicle parking spaces shall be provided in sufficient number to provide for the needs of the occupants of the property and their guests without interference with normal movement of traffic. Additional required vehicle parking spaces shall be located in convenient parking areas throughout the park.

4. A parking storage area shall be provided for the storage of boats, utility trailers, all-terrain vehicles, campers, RVs, etc.

5. All mobile homes shall be under pinned. Each entrance or exit to a mobile home shall have at least a four (4) foot by six (6) foot deck. All tongues and hitches shall be removed.

6. Every mobile home space shall be provided with devices for anchoring the unit as provided in the B.O.C.A. Building Code, latest edition. All mobile homes shall be anchored to these devices.

7. No obstructions of any kind shall be erected, placed or maintained on or about any mobile home lot which would impede the movement of a mobile home to or from a site or prevent inspection of plumbing or electrical facilities.

8. All mobile homes shall be connected to the municipal water and sewerage systems.

9. All garbage and refuse shall be stored in tight metal or plastic cans with tight fitting covers and shall be removed from the premises and disposed of as frequently as may be necessary to prevent nuisance and unsightliness.

10. Storage and other auxiliary structures for the exclusive use of the mobile home owner may be no closer than twenty (20) feet to another structure.

11. Any mobile home which shall be found to be so damaged, decayed, dilapidated, unsanitary or vermin-infested that it creates a nuisance or is a hazard to the health or safety of the occupants or of the public shall be designated as unfit for human habitation. No owner or operator of a mobile home park shall permit a mobile home to remain in a mobile home park when the mobile home has been designated as unfit for human habitation.

12. All regulations and restrictions and ordinances of the City of Foristell that pertain to single-family residences shall also apply to residences of mobile home parks or districts.

13. All mobile homes shall be placed on concrete pads of concrete so constructed to bear the weight of the mobile home and any other additional weight that might be put on it without buckling, breaking or cracking. The dimensions of the pad shall be at least ten percent (10%) greater than the width and length of the mobile home to be placed on it.

Section 400.270 Park, Recreational and Scenic District.

[Ord. No. 330 §1(27), 7-12-1999]

A. Purpose. The purpose of this district is to encompass land which has recreational, scenic and health value owned either by a public agency or a not-for-profit company. This district is established to preserve the community's cultural values by preserving this land in an essentially native condition.

B. Permitted Uses.

1. Public parks and parkways.

2. Wildlife habitats, refuges and fish hatcheries.

3. Historic sites and buildings.

4. Natural or primitive areas and forests encompassed by the provisions of the Missouri State Forestry Law.

5. Public building or facility erected by a government agency, such as fire station, library, post office, municipal buildings, etc.

6. Accessory uses incident to the above uses when located on the same lot.

7. Local public utility facilities, with approved landscaping and screening. All plans for landscaping or screening shall be submitted to the Planning and Zoning Commission for review and approval.

C. Conditional Uses.

1. Camping, lodging, swimming, picnicking, boating, fishing, hiking and wildlife observation facilities and customary service facilities necessary to provide the direct support of such activities.

2. Restaurants and dining facilities must be in a building that blends with and adds to the surrounding area.

3. Golf courses, horse racetracks, amusement and entertainment activities that blend in with the area and do not disturb the natural environment.

4. Directional and location signs.

D. Lot Requirements.

1. All permitted and conditional land uses in this district except local public utility and service facilities shall be on a minimum of five (5) acres in area, except as indicated by the nature of the use which would require more area.

2. No structure shall be closer than thirty (30) feet from any roadway. All structures shall be designed and built to blend into the natural surroundings and shall be landscaped and screened as much as possible.

3. No structure may be more than fifteen (15) feet in height.

4. All permitted and conditional uses shall provide sufficient parking space for employees, customers and visitors to assure that no vehicle need be parked on any street.

5. Parking areas, including driveways, shall be kept in a dust free condition and need not be paved except the main road into and out of the area. Paving shall consist of concrete and/or asphaltic concrete.

Section 400.271 Special Old Town District.

[Ord. No. 427, 3-19-2001; Ord. No. 453 §§A-H, 8-20-2001; Ord. No. 605 §1, 7-7-2004]

A. Purpose Of District. The purpose of this district is to preserve the integrity of the Old Town District as identified in the City of Foristell official Zoning Map and to provide for development consistent with preserving an Old Town image and environment similar to architecture of the late nineteenth (19th) century and early twentieth (20th) century. The regulations of this special district are intended to allow for greater design and use flexibility in development subject to review and recommendation of the Planning and Zoning Commission and approval by the Board of Aldermen.

B. Permitted Uses. The building or lot shall be used for the following purposes and only upon review and recommendation of the Planning and Zoning Commission and approval by the Board of Aldermen:

1. All permitted uses in "R-1", "R-2", "C-1" and "C-2" zoning districts.

2. All conditional uses allowed in "R-1", R-2", "C-1" and "C-2" zoning districts. A conditional use permit is not required under this Section.

3. Residential, office or professional uses may also be allowed on floors above the first (1st) floor.

Any change in use is subject to review and recommendation of the Planning and Zoning Commission and approval by the Board of Aldermen.

C. Building Height/Size.

1. Height. Shall be determined during the Planning and Zoning Commission review and recommendation and Board of Aldermen approval process.

2. Size. Shall be determined during the Planning and Zoning Commission review and recommendation and Board of Aldermen approval process consistent with yard, setback and off-street parking requirements of this Code.

D. Lot Area Requirements. There are no minimum lot area requirements in this district. Lot area requirements shall be as determined during the Planning and Zoning Commission review and recommendation and Board of Aldermen approval process on an individual basis consistent with the purpose of this district.

E. Yard Requirements. Yard requirements shall be a minimum of fifteen (15) feet front and fifteen (15) feet rear setback. Where zero (0) sidelines are requested, a maintenance agreement between adjacent property owners is required. Additional yard requirements may be determined during the Planning and Zoning Commission review and recommendation and Board of Aldermen approval process on an individual basis consistent with the purpose of this district.

F. Parking Requirements. Off-street parking shall be consistent with the off-street parking Section of this Code as determined during the Planning and Zoning Commission review and recommendation and Board of Aldermen approval process on an individual basis consistent with the purpose of this district.

G. Architectural Requirements. Metal clad buildings are prohibited. The architecture of the late nineteenth (19th) and early twentieth (20th) century is to be encouraged. The architectural requirements shall be as determined during the Planning and Zoning Commission review and recommendation and Board of Aldermen approval process on an individual basis consistent with the purpose of this district.