[Ord. No. 390 §2, 12-11-1968; Ord. No. 446 §6, 1-11-1972; Ord. No. 647 §1, 10-13-1981; Ord. No. 698 §1, 6-11-1985; Ord. No. 2000-1156 §1, 3-21-2000; Ord.
No. 2001-1200 §1, 7-17-2001]
A. Designation. In order to regulate and restrict the location
of trades and residences and the location of buildings erected or
altered for specific uses, and to regulate and limit the height of
buildings hereafter erected or altered, to regulate and determine
the area of yards and other open spaces, and to regulate and limit
the density of population, the City of Frontenac is hereby divided
into districts, of which there shall be six (6) in number known as:
1. "R-1" One-Acre Residence District
3. “R-3” Villa Residence District
[Ord. No. 2016-1783 § 1, 4-19-2016]
5. "C-1" Commercial District
6. "PHFC" Planned High Fashion Center District
7. "PD" Planned Development District
B. District Map. The City of Frontenac is hereby divided into
six (6) districts aforesaid and the boundaries of said districts are
shown upon the map, which is on file in the City offices, said map
being made a part of this Chapter and designated as the "District
Map", dated the twenty-first (21st) day of March, 2000, and said map
and all the notations, references and other information shown thereon
shall be as much a part of this Chapter as if the matters and information
set forth by said map were all fully described therein.
C. Annexation. All territory hereafter annexed to the City
of Frontenac shall be in the "R-1" One-Acre Residence District until
changed by ordinance.
D. Vacation. Whenever any street, alley or other public or
private way is vacated, the zoning districts adjoining each side of
such street, alley, public or private way shall be automatically extended
to the center of such vacation and all area included in the vacation
shall then and henceforth be subject to all appropriate regulations
of the extended districts.
E. General Provisions. Except as hereinafter provided:
1. No building shall be erected, converted, reconstructed or structurally
altered nor shall any building or land be used for any purpose other
than is permitted in the district in which such building or land is
located.
2. No building shall be erected, converted, reconstructed or structurally
altered to exceed the height limit herein established for the district
in which such building is located.
3. No building shall be erected, reconstructed or structurally altered
so as to intrude upon the area required for the front, side and rear
yards as herein established.
4. No lot area shall be so reduced or diminished that the yards or other
open spaces shall be smaller than prescribed by this Chapter, nor
shall the density of population be increased in any manner except
in conformity with the area regulations herein established.
5. No building shall hereafter be erected, converted, enlarged, reconstructed
or structurally altered except in conformity with the parking and
loading regulations of this Chapter.
6. No building shall hereafter be erected or structurally altered unless
located on a lot as herein defined, and in no case shall there be
more than one (1) building on one (1) lot except as hereinafter provided.
7. Prohibition of Rezoning to "R-3" Villa Residence District.
[Ord. No. 2023-2019, 8-15-2023]
a. "R-3" Villa Residence District shall be permitted only on lots so
classified prior to May 3, 2023, and shall be permitted on no other
lots in the City of Frontenac.
b. The rezoning of any lot not classified as "R-3" Villa Residence District
as of May 3, 2023, to "R-3" Villa Residence District is prohibited.
c. Lots classified as "R-3" Villa Residence District prior to May 3, 2023, shall remain in the "R-3" Villa Residence District, unless and until rezoned to a different zoning district in accordance with the City's Municipal Code, and shall remain subject to the requirements of Section
405.055, as the same may be amended or recodified from time to time, as well as other regulations applicable to such lots. Upon any change of zoning from the "R-3" Villa Residence District, any such lot may not be subsequently rezoned as "R-3" Villa Residence District.
8. Prohibition Of Rezoning To Planned Development District ("PDR," "PDC,"
"PDMXD").
[Ord. No. 2023-2019, 8-15-2023]
a. "PD" Planned Development District ("PDR," "PDC," "PDMXD") shall be
permitted only on lots so classified prior to May 3, 2023, and shall
be permitted on no other lots in the City of Frontenac.
b. The rezoning of any lot not classified as "PD" Planned Development
District ("PDR," "PDC," "PDMXD") prior to May 3, 2023, to "PD" Planned
Development District ("PDR," "PDC," "PDMXD") is prohibited.
c. Lots classified as "PD" Planned Development District Regulations ("PDR," "PDC," "PDMXD") prior to May 3, 2023, shall remain in the "PD" Planned Development District, unless and until rezoned to a different zoning district in accordance with the City's Municipal Code, and shall remain subject to the requirements of Section
405.090, as the same may be amended or recodified from time to time, as well as other regulations applicable to such lots. Upon any change of zoning from the "PD" Planned Development District, any such lot may not be subsequently rezoned as "PD" Planned Development District.
[Ord. No. 390 §16, 12-11-1968; Ord. No. 2001-1200 §1, 7-17-2001]
A. Where
uncertainty exists with respect to the boundaries of the various districts
as shown on the map accompanying and made a part of this Chapter,
the following rules shall apply:
1. The district boundaries are either streets or places unless otherwise
shown, and where the designation on the map accompanying and made
a part of this Chapter indicates the various districts are approximately
bounded by street or place lines, said street or place shall be construed
to be the boundary of such district.
2. Where the district boundaries are not otherwise indicated and where
the property has been or may be hereafter divided into blocks and
lots, the blocks or lots shall be construed to be the boundary of
such district unless said boundaries are otherwise indicated on the
map.
3. In unsubdivided property, the district boundary lines on the map
accompanying and made a part of this Chapter shall be determined by
use of the scale contained on such map.
[Ord. No. 390 §3, 12-11-1968; Ord. No. 446 §2, 1-11-1972; Ord. No. 2001-1200 §1, 7-17-2001; Ord.
No. 2011-1666 §1, 9-20-2011; Ord. No. 2012-1677 §1, 3-22-2012]
A. The
regulations set forth in this Section, or set forth elsewhere in this
Chapter when referred to in this Section, are the regulations in the
"R-1" One-Acre Residence District.
B. Use Regulations. A building or premises shall be used only
for the following purposes:
2. City-owned or operated parks and playgrounds.
3. Churches, but only when located upon a tract containing five (5)
or more acres which has frontage upon a major street.
6. Accessory buildings.
[Ord. No. 2024-2030, 1-30-2024]
a. A maximum of three (3) accessory buildings per lot from among the
following, each designed and used solely for uses which are customarily
incident to residential use and not used for any retail business or
industrial enterprise:
(1)
One (1) accessory building, not exceeding the height of the
main building and not exceeding two thousand one hundred fifty (2,150)
square feet of drip line area;
(2)
One (1) accessory building, not exceeding one (1) story and
not exceeding one thousand (1,000) square feet in drip line area;
and/or
(3)
Not more than two (2) other accessory buildings not exceeding twelve (12) feet in height and not exceeding one hundred fifty (150) square feet in drip line area, including shelters, coops, aviaries, or other outbuildings for the enclosure of chickens [as specified in and subject to the requirements of §
215.240(C)].
b. Any accessory building that is located in a side yard area not behind
the main building and exceeding one hundred fifty (150) square feet
in drip line area shall be constructed of the same material(s) as
the main building;
c. No accessory building shall be located in the front yard area.
7. Temporary buildings for uses incidental to construction work, which
buildings shall be removed upon the completion or abandonment of the
construction work. No temporary building may be located within any
required setback, except that a dumpster may be located within the
front setback, provided that it is being actively used in connection
with ongoing construction activities.
[Ord. No. 2024-2030, 1-30-2024]
8. Governmental buildings and related uses and communication antennas,
towers and accessory buildings and equipment, both public and private,
located on City-owned property.
9.
A maximum of three (3) permit-exempt buildings and/or structures, which are freestanding, detached, and outdoor (as specified in §
500.020, Section 105.2, Work exempt from permit), from among the following:
[Ord. No. 2024-2030, 1-30-2024]
a.
Any detached tool or storage shed or playhouse, meeting the
following requirements:
(1) The floor area does not exceed fifty (50) square
feet;
(2) The structure is not elevated more than three (3)
feet above the adjacent grade;
(3) The total height of the structure is not more than
twelve (12) feet above the adjacent grade;
(4) The structure is not built on poured-in-place concrete
strip footings, poured-in-place concrete foundation walls, and/or
masonry foundation walls; and
(5) The structure is not served by any utilities.
b.
Any swings and other playground equipment located in a rear
yard and accessory for detached one- and two-family dwellings.
c.
No structure permitted under this Subsection shall be located
in the front yard area.
10.
Generators may be placed in the side or rear yard area, provided
that it is located thirty-five (35) feet or more from the adjoining
property line.
[Ord. No. 2024-2030, 1-30-2024]
C. Height, Area And Yard Requirements. Maximum height requirements and minimum requirements for building site area and for yard and minimum floor area for single-family residences are contained in Section
405.100.
[Ord. No. 390 §4, 12-11-1968; Ord. No. 446 §3, 1-11-1972; Ord. No. 2001-1200 §1, 7-17-2001]
A. The
regulations set forth in this Section or set forth elsewhere in this
Chapter when referred to in this Section are the district regulations
in the "R-2" Residence District.
B. Use Regulations. The use regulations shall be the same as
in the "R-1" One-Acre Residence District, except as follows:
[Ord. No. 2024-2030, 1-30-2024]
1.
Stables, horses or other livestock are hereby prohibited, except chickens as specified in and subject to the requirements of §
215.240(A).
2.
A maximum of three (3) accessory buildings per lot from among
the following, each designed and used solely for uses which are customarily
incident to residential use and not used for any retail business or
industrial enterprise:
a.
One (1) accessory building, not exceeding the height of the
main building and not exceeding one thousand four hundred (1,400)
square feet of drip line area;
b.
One (1) accessory building, not exceeding one (1) story and
not exceeding five hundred (500) square feet in drip line area; and/or
c.
Not more than two (2) other accessory buildings not exceeding twelve (12) feet in height and not exceeding one hundred fifty (150) square feet in drip line area, including shelters, coops, aviaries, or other outbuildings for the enclosure of chickens [as specified in and subject to the requirements of §
215.240(C)].
d.
No accessory building shall be located in the front yard area.
3.
Generators may be placed in the side or rear yard area, provided
that it is located fifteen (15) feet or more from the adjoining property
line.
C. Height, Area And Yard Requirements. Maximum height requirements and minimum requirements for building site area and for yard and minimum floor area for single-family residences are contained in Section
405.100.
[Ord. No. 2016-1783 § 1, 4-19-2016]
A. The regulations set forth in this Section, or set forth elsewhere
in this Chapter when referred to in this Section, are the regulations
in the "R-3" Villa Residence District. For purposes of these regulations
the term "villa" shall mean single-family residences developed and
functioning in common with similar residences in a coordinated environment
and of superior design using premium materials, not exceeding two
stories in height, generally designed and oriented so as to generally
have two exterior walls of each villa providing direct access to a
courtyard, terrace, lanai or similar type of private or shared open
space.
B. Use Regulations. A building or premises shall be used only for the
following purposes:
1.
Any use permitted in the "R-1" One-Acre Residence District.
2.
A coordinated development of single-family villas constructed
and maintained on one or more lots as a single unified community containing
only villa-type homes.
C. The minimum lot area for property in the "R-3" district shall be
five (5) acres.
D. There is no minimum floor area or yard requirement per dwelling unit.
E. The maximum building height shall be two stories or thirty-five (35)
feet, whichever is less.
F. The density of units cannot exceed three and five-tenths (3.5) units
for each acre of land included in the development.
G. Setbacks from neighboring properties and roadways shall be approved
by Planning and Zoning and the Board of Aldermen prior to final site
plan approval.
H. There can be no more than two (2) units in any one structure, and
design features like off-set unit frontages, landscaping, etc., shall
be used to reduce the sense of mass and uniformity.
I. The development shall provide on-site enclosed parking equivalent
to at least two spaces per dwelling unit.
J. Not less than forty percent (40%) of the area of the development, exclusive of streets, parking areas, driveways and sidewalks, shall be preserved as green space as defined in Section
405.161 of the Frontenac Municipal Code, including exterior areas set aside for each dwelling unit and common areas devoted as an amenity for residents.
K. The community shall be developed and maintained in accord with a
site development plan approved by the Board of Aldermen which shall
identify the location and character of all units; exterior design
and materials demonstrating superior design characteristics and premium
materials; on-site and off-site traffic circumstances and internal
circulation and parking; open space to be preserved; amenities and
improvements provided to occupants, and such other information as
may be helpful to the Board of Aldermen in assessing the project's
character and suitability for its surroundings.
[Ord. No. 390 §5, 12-11-1968; Ord. No. 446 §4, 1-11-1972; Ord. No. 823 §1, 2-27-1990; Ord.
No. 941 §1, 2-16-1993; Ord. No. 2001-1200 §1, 7-17-2001; Ord.
No. 2012-1677 §1, 3-22-2012; Ord. No. 2013-1698 §1, 4-16-2013]
A. The regulations set forth in this Section, or set forth elsewhere
in this Chapter when referred to in this Section, are the district
regulations in the "C" Commercial District.
B. Permitted Uses. Any one (1) or more of the following
uses shall be permitted in the "C" Commercial District:
1.
Bakeries whose products are sold only at retail and on the premises.
2.
Banks and financial institutions.
3.
Barbershops or beauty parlors or tanning salons.
4.
Churches, but only when located upon a tract containing five
(5) or more acres.
5.
Pickup stations for cleaning and related work.
9.
Restaurants, but not drive-in or drive-through establishments,
but which may include a cocktail lounge, the manner and hours of operation
of which shall be determined by the Board of Aldermen.
10.
Sales or show rooms, excluding outside sales areas.
11.
Stores or shops for the conduct of a retail business.
13.
Detached garages, above or below ground.
14.
Temporary buildings for uses incidental to construction work,
which buildings shall be removed upon the completion or abandonment
of the construction work.
15.
Governmental buildings and related uses; and communications
antennas, towers and accessory buildings and equipment, both public
and private, located on City-owned property.
16.
Any permitted use within this district that offers drive-through or drive-up service requires review and approval in accordance with the procedures of Section
405.140 of the Frontenac Zoning Regulations, Conditional Uses.
C. Height, Area And Yard Requirements. Maximum height requirements and minimum requirements for building site area and for yard and minimum floor area for single-family residences are contained in Section
405.100.
D. Conditional Uses. In addition to those conditional uses conditionally permitted pursuant to Section
405.140, the following are conditional uses in the "C" Commercial District:
[Ord. No. 2020-1922, 8-18-2020]
1. Medical marijuana testing facility (subject to the performance standards set forth in Section
405.166).
2. Medical marijuana dispensary facility (subject to the performance standards set forth in Section
405.166).
[Ord. No. 390 §6, 12-11-1968; Ord. No. 446 §5, 1-11-1972; Ord. No. 823 §2, 2-27-1990; Ord.
No. 99-1149 §1, 10-7-1999; Ord. No. 2001-1200 §1, 7-17-2001]
A. The regulations set forth in this Section or set forth elsewhere
in this Chapter when referred to in this Section are the district
regulations in the "C-1" Commercial District.
[Ord. No. 2013-1698 §1, 4-16-2013]
B. Permitted Uses. Any one (1) or more of the following
uses shall be permitted in the "C-1" Commercial District:
[Ord. No. 2013-1698 §1, 4-16-2013]
1.
Any use permitted in the "C" Commercial District.
2.
Garages used for customer or employee parking only, with no
vehicle storage or sales permitted.
4.
Storage vans, trailer vans or similar equipment shall not be
allowed on the premises, except if empty and locked or used on construction
sites.
5.
Any permitted use within this district that offers drive-through or drive-up service requires review and approval in accordance with the procedures of Article
V of the Frontenac Zoning Regulations, Conditional Uses.
C. Height, Area And Yard Requirements. Maximum height requirements and minimum requirements for building site area and for yard and minimum floor area for commercial districts are contained in Section
405.100.
[Ord. No. 2014-1728 §1, 6-17-2014]
D. Conditional Uses. In addition to those conditional uses conditionally permitted pursuant to Section
405.140, the following are conditional uses in the "C-1" Commercial District:
[Ord. No. 2020-1922, 8-18-2020]
1. Medical marijuana testing facility (subject to the performance standards set forth in Section
405.166).
2. Medical marijuana dispensary facility (subject to the performance standards set forth in Section
405.166).
3. Medical marijuana-infused products manufacturing facility (subject to the performance standards set forth in Section
405.166).
4. Medical marijuana cultivation facility entirely within an enclosed building (subject to the performance standards set forth in Section
405.166).
[Ord. No. 390 §7, 12-11-1968; Ord. No. 446 §6, 1-11-1972; Ord. No. 823 §3, 2-27-1990; Ord.
No. 941 §2, 2-16-1993; Ord. No. 99-1149 §1, 10-7-1999; Ord.
No. 2001-1200 §1, 7-17-2001; Ord. No. 2002-1281 §§2
— 3, 7-16-2002; Ord. No. 2002-1299 §§1
— 7, 11-19-2002; Ord. No. 2003-1305 §1, 1-21-2003; Ord.
No. 2010-1638 §1, 10-19-2010]
A. The
regulations set forth in this Section or set forth elsewhere in this
Chapter when referred to in this Section are the district regulations
in the Planned High Fashion Center District.
B. Plan Required. The Planned High Fashion Center District
shall be laid out as a total concept and developed as a unit according
to an approved plan, as provided below, in order to provide for "high
fashion" shopping facilities of integrated design which will offer
a wide range of retail stores and personal service establishments
which cater to the frequently recurring needs of the public and which
will be designed in a manner which will protect the value of adjoining
property and promote and protect the public health, safety, comfort,
convenience and general welfare of the public.
C. Permitted Uses. Any one (1) or more of the following uses
shall be permitted in the Planned High Fashion Center District if
approved by both the Planning and Zoning Commission and the Board
of Aldermen, subject to such conditions as shall be imposed by the
Board of Aldermen to protect the public's health, safety, comfort,
convenience and general welfare:
1. High fashion department stores offering goods, wares, merchandise
and services of high quality for sale or hire at retail on the premises
to the general public.
2. Accessory shops and stores offering additional goods, wares, merchandise
and services such as barbershops, beauty salons and tanning salons
of high quality for sale or hire at retail on the premises to the
general public.
3. Restaurants which may include cocktail lounges, the hours of operation
of which may be determined by the Board of Aldermen.
4. Offices for the management and operation of the Planned High Fashion
Center.
5. Benefit gatherings of charitable, fraternal, religious, service and
veterans' organizations.
6. Accessory uses within the department stores, shops, restaurants and
other stores ordinarily incidental and subordinate to the principal
use of the particular store, shop or restaurant premises.
7. Accessory uses for mall areas outside of stores, shops and restaurants
such as displays or exhibits by persons other than tenants or the
owners of the Planned High Fashion Center, provided such displays
or exhibits are educational or artistic and in the public interest.
No sales of any merchandise or wares so displayed or exhibited shall
be conducted on the premises in connection therewith. It shall not
be necessary to obtain specific approval by the Planning and Zoning
Commission or the Board of Aldermen before the owners of the Planned
High Fashion Center may create or allow such displays or exhibits.
D. Preliminary Site Plan Information Required. Adequate information
shall be developed, procured and submitted by architects, engineers
and surveyors duly registered in the State of Missouri to the Planning
and Zoning Commission and the Board of Aldermen as follows:
1. A preliminary site plan shall be prepared and six (6) copies thereof
shall be submitted to the Planning and Zoning Commission. The plan
shall be at a scale of not less than one (1) inch equals fifty (50)
feet and shall have accurate contours at intervals of not less than
five (5) feet. The plan shall show the location and size of any existing
structures and the disposition to be made thereof, the location and
size of all proposed buildings and the general use to be made thereof,
and the location of areas to be developed for parking with specific
numbering of spaces, drives, walkways, recreation, landscaping or
other uses.
2. A general grading plan, in the form of a survey prepared by a professional
land surveyor, showing the proposed grades and finished floor elevations
of all structures to be located on the site and indicating all natural
features of the site shall be submitted with the site plan. Said grading
plan shall not be inconsistent with either the surrounding ground,
existing developments, roads or major highways and shall provide for
the drainage of parking lots and for total stormwater facilities compatible
with the surrounding area. The location of any existing major growth
that is to be retained shall also be indicated on the plan.
3. A general landscaping plan with ample provision for trees, lawns
and garden areas, with special attention being paid to the landscaping
of parking areas and special entrances, and areas which have frontage
on major thoroughfares.
4. Preliminary plans showing the location of all roads, entrances, underground
utilities, walkways, special features and parks or recreational facilities
that may exist.
E. Supplemental Data. The following data and information shall
also be submitted with the preliminary site plan:
1. General floor plans and elevations of typical buildings to indicate
the architectural character of the building, including statements
regarding types of construction.
2. Detailed and current traffic statistics, correlated with any governmental
data available on the subject.
3. A proposed construction schedule for completion of the entire project.
4. A proposal regarding the method of operating and maintaining the
project.
5. A preliminary plan of entrance details, additional rights-of-way
and additional paving which may be necessary.
6. Specifications of all paved areas, roads, walks and similar facilities.
7. A preliminary plan showing the location, type and design of parking
lot lighting and signs to be used both externally and internally.
8. A statement regarding the disposition of trash.
9. A statement regarding the provisions of adequate security for parking
areas and the interior mall.
10. With the exception of buildings located on outparcels, a preliminary
plan providing for the use of underground utilities and off-street
loading and receiving facilities which are either completely underground
or completely below grade.
11. A preliminary plan for all buildings located on outparcels providing
for off-street loading and receiving facilities, the use of underground
utilities, as well as service areas designed to maintain tenant refuse.
12. A preliminary plan of the proposed road and traffic improvements
as specified by agencies of government, together with the agreement
of the owner to maintain the unpaved portion of road rights-of-way
with the appropriate agency in control thereof.
13. A statement containing provisions for the maintenance of roads, drives,
walks, landscaping, trees and fences.
F. Minimum Standards. The following minimum standards for heights,
yards, open space, roads and fencing shall be observed in the Planned
High Fashion Center District:
1. No building shall exceed a height of three (3) stories or forty (40)
feet, provided however, that this limitation shall not apply to architectural
ornamentations and design features in the preliminary plans approved
by the Planning and Zoning Commission and the Board of Aldermen. The
vertical distance shall be measured from the average grades around
the building.
2. No building shall be within one hundred fifty (150) feet of any boundary
of the project, said provision not being applicable to special major
highway innovation or highway access facility.
3. No major building shall be erected within forty (40) feet of any
major access drive serving the project nor shall any unenclosed off-street
parking be permitted within this space.
4. Any off-street parking abutting residential property shall maintain
a twenty (20) foot setback and shall contain an adequate security
or privacy fence together with satisfactory landscaping features.
5.
a. a. Off-street parking shall be provided in accordance with Section
405.110 of this Chapter and all loading zones shall be below grade and as provided in accordance with Section
405.120 of this Chapter, with the exception of buildings located on outparcels.
b. In the PHFC, where it has been demonstrated by study of the combined uses and customary operation of these uses that adequate parking would be provided, the minimum parking requirement set forth in Section
405.110 of this Chapter may be reduced, in the aggregate, up to a maximum of nine percent (9%) when recommended by the Planning and Zoning Commission and approved by the Board of Aldermen.
[Ord. No. 2018-1844, 4-17-2018]
6. Landscaped areas are to be maintained in first-rate condition, with
appearance equal to that specified in the final plan, subject to semi-annual
inspection and approval by the City Engineer and Building Commissioner
and Zoning Administrator or other City Officials to whom this duty
is assigned. In the event that said landscaped areas are not properly
maintained, the City shall give the owners notice in writing of the
deficiencies and the owners shall have thirty (30) days in which to
correct said deficiencies. If the owners shall not correct said deficiencies
in the thirty (30) day period, the City may enter the premises and
correct said deficiencies and charge the costs thereof to the owners
of the property.
7. Notwithstanding the provisions of Sections
405.080(F)(3) above, outparcels shall be subject to the following location and setback requirements:
a. No building on an outparcel shall be within one hundred fifty (150)
feet of any boundary adjoining residential use property;
b. No building on an outparcel shall be within fifteen (15) feet of
any boundary adjoining commercial or institutional use property.
c. No building on an outparcel shall be within thirty (30) feet of an
existing public highway, street or roadway right-of-way line;
d. No building on an outparcel shall be larger that twelve thousand
(12,000) square feet in total area; and
e. Any building on an outparcel shall not be considered a "major building" for purposes of applying the minimum standard of Section
405.080(F)(3) above.
G. Design Standards.
1. Off-street parking areas shall be maintained in a clean, orderly
and dust-free condition at the expense of the owner or lessee.
2. Off-street parking facilities shall be drained to prevent damage
to abutting property or public streets and surfaced with erosion-resistant
material in accordance with the requirements of the Building Commissioner
and Zoning Administrator.
3. No open storage, except vehicles of employees and visitors, shall
be permitted within the project. Tenant refuse containers shall be
maintained in below grade service areas. For all buildings located
on outparcels, tenant refuse containers may be maintained in either
below or above ground service areas that are acceptable to the City.
Refuse containers for the use of the public shall be maintained above
grade and shall be located at points accessible to the public. All
refuse containers shall be approved by the Building Commissioner and
Zoning Administrator.
4. There shall be a minimum of two (2) security guards approved by the
Board of Aldermen of the City of Frontenac and provided by the owners
of the "PHFC" on duty in the parking area of the "PHFC" at all times
during which the "PHFC" stores are open to the public for business.
5. The Board of Aldermen of the City of Frontenac reserves the right
to regulate hours and conditions for pickups and deliveries as well
as the location and enclosure of tenant refuse containers in the service
areas for all buildings located on the outparcels which may at the
discretion of the Board of Aldermen be maintained above or below ground
within the "PHFC".
H. Review And Approval. The Planning and Zoning Commission
shall study the preliminary plan and supporting data submitted upon
referral of said plan and data by the Board of Aldermen to the Commission
and may make suggestions for changes and adjustments. After review
by the Planning and Zoning Commission, said body shall submit a report
to the Board of Aldermen. The Board of Aldermen shall review the preliminary
data and report from the Planning and Zoning Commission and shall
hold a duly advertised public hearing on the proposed project. If
the Board of Aldermen approves the preliminary plan and supporting
material, two (2) copies of the preliminary plan and supporting material
shall be signed by the appropriate City Officials, one (1) of which
copy shall be filed in the office of the City Clerk, and the other
of which copy shall be given to the owner.
I. Upon
receipt of the approved preliminary plan, the owner may proceed with
final plans for all or any portion of the project. The final plans
and specifications shall conform to the preliminary plans approved
by the Board of Aldermen and shall also conform to the Building Code
of the City of Frontenac.
J. The
final plans and specifications shall be reviewed by the Planning and
Zoning Commission and the Board of Aldermen but no additional public
hearing thereon is required. No permit for construction of the project
shall be issued until the final plans and specifications have been
found by the Building Commissioner and Zoning Administrator to conform
to the preliminary plans and the Building Code of the City of Frontenac
except that the Board of Aldermen may approve in writing some clearing
and grading upon the project.
K. Amendment. The Board of Alderman may amend any reviewed and approved Planned High Fashion District ("PHFC") site plan and supporting material upon proper application and compliance with the provisions of Chapter
405 of the Code of Ordinances of the City of Frontenac. Any person or entity seeking to have a "PHFC" site plan and supporting material amended shall follow all of the procedures and obtain all of the reviews and approvals set forth in Section
405.080(I) for preliminary "PHFC" site plans.
[Ord. No. 390 §7A, 12-11-1968; Ord. No. 647 §1, 10-13-1981; Ord. No. 698 §1, 6-11-1985; Ord.
No. 99-1149 §1, 10-7-1999; Ord. No. 2001-1200 §1, 7-17-2001; Ord.
No. 2006-1501 §3, 5-16-2006; Ord. No. 2013-1716 §1, 12-17-2013]
A. Intent And Purpose.
1.
The purpose of the Planned Development District is to provide
a means of achieving greater flexibility in residential and commercial
development of land in a manner not possible in conventional zones;
to encourage a more imaginative and innovative design of projects;
to promote a more desirable community environment; and to retain maximum
control over both the structure and future operation of the development.
2.
The Board of Aldermen, upon receiving recommendations of the
Planning and Zoning Commission, may by ordinance authorize a Planned
Development District when the proposed development, redevelopment
or use of a specific tract of land or area warrants greater flexibility,
control and density than is afforded under the general regulations
of standard zoning districts. These planned development regulations
are not intended to allow excessive densities or the development of
incompatible land uses, either within the development or as the development
relates to the general neighborhood. The standards contained in the
following provisions and the related planned development ordinance
must be strictly adhered to by the applicant.
3.
The City may, upon proper application, approve a planned development
for a site of at least one (1) acre to facilitate the use of flexible
techniques of land development and site design, by providing relief
from zoning requirements designed for conventional developments in
order to obtain three (3) or more 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.
Promotion of a creative approach to the use of land and related
physical facilities resulting in better design and development, including
aesthetic amenities.
c.
Combination and coordination of architectural styles, building
forms and building relationships covering different phases within
a single development project.
d.
Diversification in the uses permitted and variation in the relationship
of uses, structures, open space and height of structures in developments
intended as cohesive, unified projects.
e.
Use of design, landscape or architectural features to create
a pleasing environment.
f.
Inclusion of special features.
g.
Functional and beneficial uses of open space areas.
h.
Preservation of natural features of a development site.
i.
Creation of a safe and desirable living environment for residential
areas characterized by a unified building and site development program.
j.
Elimination of deteriorated structures or incompatible uses
through redevelopment or rehabilitation.
k.
Rational and economic development in relation to public services.
l.
Efficient and effective traffic circulation, both within and
adjacent to the development site.
m.
Facilitate implementation of the recommendations of the Comprehensive
Plan, where applicable.
B. Public Benefit. In exchange for waivers of certain
requirements of the Frontenac Zoning Regulations, public benefit shall
be provided as determined by the Planning and Zoning Commission and
Board of Aldermen. The public benefits to the City that are intended
to be derived from the approval of planned developments may include,
but are not limited to:
1.
Use of large tracts of land in a manner which provides a cohesive
phased development and minimizes construction impact;
2.
Extraordinary landscaping and green space provisions;
3.
Garage entryways by virtue of their location, materials and
design that blend with the architecture of the surrounding neighborhood;
4.
Architectural distinction and significance that would make the
development noteworthy;
5.
Extensive use of high-quality building materials that would
add significant value to the property and benefit adjacent properties;
6.
Special design features such as fountains and other water features,
statues, walking paths and landscaped parkway entrances.
7.
Inclusion of street level landscape gardens, plazas or parks
available for public use.
9.
Provision of new public infrastructure, including, but not limited
to, streets, curbs, sidewalks, sanitary sewers, stormwater sewers,
lighting and public parking.
C. Relationship Of Planned Development Districts To The Zoning
Map.
1.
A mapped district. The "PD" designation is
not intended to be attached to existing use districts as an overlay
but is a distinct mapped zoning district.
2.
Plan approval required. Although the "PD" designation may be applied to parcels of land as a mapped zoning district, it is the intent of this Chapter that no development or redevelopment of the property encompassed by the "PD" designation take place until an acceptable development plan has been reviewed and approved in conformance with the requirements of this Section. Any preexisting uses within the area encompassed by the "PD" designation shall have the status of non-conforming uses, as outlined in Section
405.130, 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
zoning district and subject to the specific restrictions and limitations
outlined in this Section:
a.
Planned Development — Residential ("PDR"): Planned developments
involving residential uses only.
b.
Planned Development — Retail/Commercial ("PDC"): Planned
developments involving retail/commercial uses only.
c.
Planned Development — Mixed Use ("PDMXD"): Planned developments
Involving a mixture of residential and non-residential uses.
4.
These subclassifications may be designated by the City at the
time of the original zoning of the parcel in question, or the City
may make the designation at the time of development/redevelopment
plan application. In the instance of a request for Zoning Map amendment,
the applicant shall request a specific subclassification; however,
it shall be at the discretion of the City, in light of the recommendations
of the City's Comprehensive Plan as well as the surrounding neighborhood,
to grant the requested subclassification or require a more restrictive
one.
D. Permitted Uses. Approval of permitted uses within
a PD district is subject to considerations as stated in the intent
and purpose of the PD regulations. The listing of permitted uses within
each "PD" subclassification shall be as follows:
1.
Planned Development Residential, PDR.
b.
Single-family attached (villas or townhomes).
2.
Planned Development Commercial, PDC.
a.
Retail sales of high-quality goods and commodities, including,
but not limited to, boutiques, craft supplies, art galleries, cosmetics,
furs, high-fashion clothing, coffee shops, books, toys, bakeries,
home decorating, musical instruments and similar uses as approved
by the Board of Aldermen.
b.
Commercial uses which are complementary to retail sales such
as small business offices (for example, insurance brokers or financial
services and similar uses) and small service facilities (for example,
pickup stations for cleaning, spas, small branch banks, tailors, photographers,
fitness and exercise studios and similar uses), and similar uses as
approved by the Board of Aldermen, However, such non-retail uses shall
not occupy more than twenty-five percent (25%) of the gross leasable
area of the development.
c.
Sit-down, full-service restaurants (which may include catering)
with no drive-through, delicatessens and frozen dessert shops.
3.
Planned Development Mixed Use, PDMXD.
[Ord. No. 2016-1798 § 1, 7-19-2016]
b.
Single-family attached (villas or townhomes).
d.
Commercial uses which are complementary to mixed residential/commercial
developments such as small business offices (for example, insurance
brokers or financial services and similar uses) and small service
facilities (for example, pickup stations for cleaning, spas, restaurants
with no drive-through, small branch banks, tailors, or photographers,
fitness and exercise studios and similar uses), and other uses as
approved by the Board of Aldermen; provided, however, that permitted
use shall not include any hospital, health or care facility (for example
any facility subject to licensure by the Missouri Department of Health
and Senior Services such as a residential care facility, assisted
living facility, intermediate care facility or skilled nursing facility).
e.
Loft residential units above commercial uses.
E. Overall Development Size. The minimum overall site
size of a planned development shall be one (1) acre.
F. Procedures For Planned Development Approval.
1.
Application. An application in the form developed
by the City for a planned development shall be filed with the non-refundable
rezoning application fee of two hundred fifty dollars ($250.00). A
preliminary site plan shall be prepared and five (5) copies thereof
shall be submitted to the Building Commissioner and Zoning Administrator
for staff review and comments. After the petitioner has received staff
comments and made the appropriate revisions (if necessary) the petitioner
shall then submit eighteen (18) copies of the preliminary plans for
distribution to the Planning and Zoning Commission, City Staff and
City Attorney. A digital copy of the plans shall also be submitted
to the staff.
2.
Preliminary development plan. Adequate information
shall be developed, procured and submitted by architects, engineers
and surveyors duly registered in the State of Missouri and employed
by the applicant to develop a preliminary development plan. The preliminary
plan shall contain the following information:
a.
Site and landscape plan.
(1)
One of a series of maps shall be submitted (minimum scale one
(1) inch = fifty (50) feet) indicating:
(b) The property shall be identified by lot lines and
location, including dimensions, angles and size, correlated with the
legal description of said property. The site plan shall be designed
and prepared by a registered Missouri professional engineer or land
surveyor. It shall also include the name and address of the property
owner(s), developer(s) and designer(s).
(c) It shall show the scale, north point, boundary
dimensions, natural features such as wooded areas, streams, rivers,
lakes, drains, existing man-made features such as buildings, structures,
easements, high-tension towers, pipe lines, existing utilities such
as water and sewer lines, etc., excavations, bridges, culverts and
drains and shall identify adjacent properties within one hundred eighty
(180) feet of the property lines and their existing uses.
(d) The location, size, height and setbacks of all
existing and proposed structures (including all buildings, trash enclosures,
fences, etc.) on the site and identify what existing structures will
be removed;
(e) The location and general design (width and materials)
of all driveways, curb cuts and sidewalks, including connections to
building entrances; as well as the location and nature of construction
of all curbs and guttering;
(f) The location, area and number of proposed parking
spaces;
(g) Existing and proposed grades at an interval of
two (2) feet or less extended beyond the project site to include adjacent
properties and structures;
(h) The location and general type of all existing trees
over six-inch caliper and, in addition, an indication of those to
be retained;
(i) The proposed general use and development of internal
spaces, including all recreational and open space areas, plazas and
major landscaped areas, and the general location and description of
all proposed outdoor furniture (seating, lighting, telephones, etc.);
(j) The location and approximate size of all proposed
plant material by type, such as hardwood/deciduous trees, evergreen
trees, flowering trees, shrub masses, and types of ground cover (grass,
ivies, etc.). Planting in parking areas shall be included;
(k) All green areas, except wooded areas, including
parking lot landscaping for commercial uses, villas and townhomes
shall be irrigated;
(l) The location of all retaining walls, fences (including
privacy fences, etc.) and earth berms;
(m) The definition and location of all refuse collection
facilities, including screening, to be provided; and
(n) Provisions for both on-site and off-site stormwater
drainage and detention related to the proposed development.
(2)
The scale of the drawing or drawings indicating the above shall
be reasonably related to the site size, and the complexity of the
proposed development plan shall be proportioned such that it is easily
legible so that the Commission may readily interpret it. All drawings
shall likewise indicate a project name, the names of adjoining streets,
the applicant's name, a scale, a north arrow, and the date drawn.
(3) The applicant may be required to provide, at the
applicant's expense, additional clarification and/or further detail
of the preliminary plan, as deemed necessary by the Planning and Zoning
Commission.
b.
Site and building sections. Schematic or Illustrative
sections shall be drawn to a scale of one (1) inch = ten (10) feet
or larger, indicating both existing conditions and internal grade
changes in relation to principal variations of internal building levels
and sight line relations to adjacent residences.
c.
Architectural elevations. Architectural elevations
of proposed buildings shall be provided at a reasonable scale but
at least one (1) foot equals one quarter (1/4) inch.
d.
Project data.
(1) Site area (square feet and acres);
(2) Allocation of site area by building coverage, parking,
loading and driveways, and open space areas, including total open
space, recreation area, landscaped areas and others;
(3) Total dwelling units and floor area distributed
by general type one-bedroom, two-bedroom, etc.);
(4) Floor area in non-residential use by category;
(5) Residential density distribution for the entire
project; and
(6) Calculations of parking spaces and area in relation
to dwelling units and commercial floor area.
e.
Project report. A brief project report shall
be provided to include an explanation of the character of the proposed
development, verification of the applicant's ownership or contractual
interest in the subject site, and anticipated development schedule.
At the discretion of the Planning and Zoning Commission and/or Board
of Aldermen, analyses by qualified independent technical personnel
or consultants chosen by the City may be required as to the market
and financial feasibility, traffic impact, environmental impact, stormwater
and erosion control, etc., of the proposed development, which analyses
shall be paid for by the applicant.
f.
Phased development.
(1) If the planned development is proposed to be constructed
in phases during a period extending beyond a single construction season,
a development schedule shall be submitted indicating:
(a) The approximate date when construction of the project
can be expected to begin;
(b) The order in which the phases of the project will
be built; and
(c) The minimum area and the approximate location of
common open space and public improvements that will be completed during
each phase.
(2) Any shared open space or public improvements that
will not be constructed during the initial phase shall be guaranteed
to be completed within one (1) year of the completion of the initial
phase. The guarantee shall be in the form of an irrevocable letter
of credit in the amount of the improvement issued by a Federally insured
financial institution. The letter of credit must be approved by the
Frontenac City Attorney.
3.
Review procedure—preliminary development plan.
a.
An application together with a complete preliminary development
plan, including information as required in this Section, shall be
considered at the first regularly scheduled Planning and Zoning Commission
meeting but not sooner than twenty-one (21) days from the filing of
the completed application. Notices of the Planning and Zoning Commission
meeting shall be sent to owners of record of all properties within
three hundred (300) feet of the parcel(s) included in the application.
b.
Staff review. The Building Commissioner and
Zoning Administrator shall coordinate a review of the application
by appropriate affected City departments to determine its compliance
with all applicable ordinances and regulations. A written report documenting
the review and staff recommendations shall be prepared by the Building
Commissioner and Zoning Administrator and submitted to the Planning
and Zoning Commission at the meeting at which it first considers the
application.
c.
After consideration of the application and staff report, the
Planning and Zoning Commission shall make a report to the Board of
Aldermen regarding the impact of such proposed building or use upon
the character of the neighborhood, traffic conditions, public utility
facilities, and other matters pertaining to the general public health,
safety and welfare of the City. The findings and recommendation of
the Commission shall be forwarded to the Board of Aldermen. If the
Commission's recommendation is for approval, its report shall contain
the conditions or restrictions recommended by the Commission with
respect to the preliminary development plan.
d.
The Board of Aldermen shall hold a public hearing thereon upon
at least fifteen (15) days' public notice. If the preliminary development
plan is approved by the Board of Aldermen, it shall adopt an ordinance
approving said preliminary development plan with conditions as specified
therein. Conditions may include, but not be limited to, parking restrictions,
setback and height requirements, landscaping and green space requirements,
lighting requirements, permitted uses, signage, screening and buffering
and special features.
e.
Final plan. Within nine (9) months following
passage of the ordinance approving the preliminary development plan,
the petitioner shall submit a final development plan to the Planning
and Zoning Commission for its review and consideration to determine
if said final development plan is in conformance with the approved
preliminary development plan and with the imposed conditions of the
planned development ordinance for the proposed development. The final
development plan shall reflect the entire planned development if it
is to be completed in one (1) phase or a minimum of the first phase
of the planned development if it consists of more than one (1) phase.
The final development plan, in addition to the matters shown on the
preliminary development plan, shall include the following:
(1) The existing and proposed contours at two-foot
intervals;
(2) A landscape plan with the specific location of
all plant material, specifying size, species and location (including
any landscaped buffer area around the perimeter as well as landscaping
in the parking lot);
(3) Nature of use, as single-family detached, attached
villas or townhomes, commercial uses, mixed uses;
(4) All structures, present and future, specifying
location, size, elevation and design, none of which may deviate substantially
from the approved preliminary development plan and comply with specific
planned development ordinance;
(6) Parking spaces, including underground parking,
traffic lanes, ingress and egress facilities;
(7) Method of disposal of trash and garbage;
(8) Parking facilities for visitors and employees;
(9) Plan for the provision of water, sanitary and stormwater
drainage facilities;
(10) All easements and dedications;
(11) Any signs, location and size; for example, freestanding
signs, sign bands, canopy signs;
(12) Details of lighting of parking lots and outside
of buildings, including location, type and intensity;
(13) All other information which the Planning and Zoning
Commission or the Board of Aldermen may designate.
4.
Review procedure—final development plan.
a.
An application together with a complete final development plan
shall be considered at the next available Planning and Zoning Commission
meeting.
b.
Staff review. During the time between the filing
of a complete final development plan with the Building Commissioner
and Zoning Administrator and the next regularly scheduled Planning
and Zoning Commission meeting, the Building Commissioner and Zoning
Administrator shall review the final development plan for compliance
and report to the Commission the findings of his/her review. The Building
Commissioner and Zoning Administrator shall establish the dollar amount
of any bond required by the City to assure completion of the improvements.
c.
After consideration of the application and staff report, the
Planning and Zoning Commission shall approve, approve with conditions,
or deny the final development plan. The final development plan shall
generally conform to the preliminary development plan and shall conform
to the planned development ordinance for the proposed development.
If the final development plan does not generally conform to the preliminary
development plan, or if the conditions of the planned development
ordinance are not adequately met, the final development plan shall
not be approved.
d.
Upon approval of the final development plan by the Planning
and Zoning Commission, the final development plan shall be forwarded
to the Board of Aldermen for its review.
e.
Following approval of the final development plan by the Planning
and Zoning Commission, a Mylar (recordable document meeting St. Louis
County requirements for recording) shall be submitted to the Building
Commissioner and Zoning Administrator for review and signature confirming
that the plan is the plan that was approved by the Planning and Zoning
Commissioner. The signed plan shall be recorded, at the applicant's
expense, with the St. Louis County Recorder of Deeds. Two (2) copies
of the recorded plan shall be submitted to the Building Commissioner
and Zoning Administrator for permanent record with the City. Any bonds
or letter of credit required to insure completion of required improvements
or open space shall be completed and in place prior to recording of
the final development plan.
5.
Amendments or changes to an approved development plan. Should an applicant with ownership or contractual interest in any
property within an area subject to an approved preliminary and/or
final development plan find that any amendments or changes are necessary
to the previously approved development plan, an application shall
be submitted along with necessary documentation (i.e., amended preliminary
development plan or amended final development plan) to the Building
Commissioner and Zoning Administrator who shall institute an administrative
review by all affected City departments of the proposed amendments
or changes. Notification of the proposed changes to the plan shall
be sent to all property owners of record within three hundred (300)
feet of the parcel included in the application. This notification
shall also include all property owners of record within the area subject
to the approved development plan. The results of this review shall
be compiled by the Building Commissioner and Zoning Administrator
and shall be reported by him/her to the Planning and Zoning Commission
for its consideration at the next available meeting. Upon receiving
the application for proposed amendments or changes to the development
plan and associated documents from the Building Commissioner and Zoning
Administrator, the Commission shall complete its review of the application,
either denying, approving or approving with conditions. The application,
supplemental documents and the Commission's action and reasoning shall
be forwarded to the Board of Aldermen as an informational item where
it shall be its option either to require a further review and approval
of the proposed amendments or changes to the development plan at the
Board of Aldermen level, or concur with the Commission by taking no
further action.
G. Period Of Validity. The period of validity of approval
of a final development plan is as follows:
1.
Approval of a final development plan shall be valid for a period
no longer than twelve (12) months from the date of approval unless
within such period a building permit has been obtained and construction
is commenced.
2.
The Board of Aldermen may grant extensions not exceeding six
(6) months each upon written request of the original applicant if
the application submitted is substantially the same as the initially
approved application. However, the Board of Aldermen has the power
in such cases to attach new conditions to approval. At such time as
the period of validity of an approved final development plan lapses,
the final development plan and all uses, terms and conditions thereof
shall be considered null and void. No further development of the site
shall be permitted except by application in accordance with the procedural
requirements of this Section, whereby it shall be considered an entirely
new application.
3.
Should a request for extension of an approved final development
plan contain substantial changes, as determined by the Board of Aldermen,
the Board shall require the applicant to refile his/her application
subject to the requirements of this Section as if it were an entirely
new application.
[Ord. No. 2024-2030, 1-30-2024]