[Ord. No. 20-21, 12-16-2020]
A.
Permitted Uses. The following are permitted uses in the "C" Commercial
District; provided that a permanent building or premises shall be
required for all permitted principal uses:
1.
Bakeries.
2.
Beauty shops.
3.
Bookstores.
4.
Churches, synagogues, and other houses of worship.
5.
Coffee shops.
6.
Copy, fax, packing and shipping services centers.
7.
Day care facilities.
8.
Gift shops.
9.
Greeting card shops and stationery stores.
10.
Ice cream and frozen custard shops.
11.
Internet web design centers.
12.
Nail care shops.
13.
Picture framing shops.
14.
Professional offices for accountants, attorneys, dentists and
dental care, graphic design, insurance, physicians, and medical care
(but not clinics), tax preparers and similar.
15.
Retail clothing shops.
16.
Retail dry cleaning establishments and laundries, provided that
not more than eight (8) employees may be working on the premises at
any time.
17.
Shoe repair shops.
18.
Tailor shops.
19.
Temporary buildings for uses incidental to construction, provided,
that no such building shall be located within a required yard or within
twenty-five (25) feet of any lot line and no trees shall be removed
for the placement of such temporary building. The temporary building
shall be removed upon the earlier occurring of one (1) year from initial
placement of the temporary building, or upon the completion or abandonment
of the work, unless express written permission to continue the location
of such temporary building is granted by the Board of Aldermen upon
good cause shown.
20.
Accessory uses and accessory buildings in conjunction with any
of the above permitted principal uses, provided that no accessory
building shall be erected or placed upon a lot until construction
of the principal building(s) has commenced.
21.
A change from one (1) of the above-permitted uses to another above-permitted use within the same building or premises, provided that the change will not involve any of the following characteristics: a building or premises having more than ten thousand (10,000) square feet, new construction to the building or premises, or substantial change to the existing building or premises. If the proposed change will involve one (1) or more of the above-listed characteristics, the applicant must follow the development plan process detailed in Section 400.340 to seek approval for a planned use instead.
B.
Planned Uses.
1.
All uses designated as "planned uses" as set forth in this Subsection shall require the approval of a final development plan prior to the issuance of a building permit if they meet the criteria set forth in Section 400.340. The submission requirements, procedures and approval standards governing development plans are set forth in Section 400.340. Planned uses will be approved only if the Board of Aldermen, in its sole discretion, after review shall determine that the specific location and circumstances are appropriate for the use.
2.
The following are planned uses in the "C" Commercial District,
provided that a permanent building or premises shall be required for
all permitted principal uses:
[Ord. No. 23-12, 10-18-2023]
a.
Appliance and furniture stores.
b.
Banks.
c.
Bowling alleys.
d.
Business schools, dancing or music academies, cosmetology schools.
e.
Computer sales and service stores.
f.
Department stores.
g.
Drug stores and pharmacies.
h.
Food catering establishments.
i.
Grocery stores and supermarkets.
j.
Hardware stores.
k.
Liquor stores.
l.
Motor vehicle oriented businesses (MVOB).
m.
Movie theaters.
n.
Office supply stores.
o.
Pet shops.
p.
Physical fitness centers.
q.
Post offices.
r.
Restaurants.
s.
Shoe stores.
t.
Sporting goods stores (new merchandise only).
[Ord. No. 20-21, 12-16-2020]
No building or premises occupied and used for any of the permitted principal uses identified in Section 400.280 of this Chapter shall have more than forty percent (40%) of its floor area devoted to storage or other uses accessory to such permitted principal use nor more than five (5) persons employed at any time in such accessory use.
[Ord. No. 20-21, 12-16-2020; Ord. No. 23-07, 5-17-2023]
A.
State
License Required. All marijuana facilities must have the appropriate
license and any other required authorization to operate the marijuana
facility from the Missouri Department of Health and Senior Services
to operate in the City. Applicant may seek zoning approval prior to
being granted a State license, but no final approval shall be given
until such State-issued license has been obtained and satisfactory
proof of such licensure has been provided to the City. Continued operation
in the City shall always require such licensure to remain valid. All
marijuana uses shall display their license issued by the State of
Missouri and any licenses issued by the City in a prominent place
in plain view near the front entrance of the facility as required
by State regulations.
B.
Spacing.
1.
No marijuana facility, whether in the "C" District or a "PD-RxM"
District, shall be located within one hundred (100) feet of any then-existing
elementary school, secondary school, child day-care facility, or church.
As used in the previous sentence, "then-existing" shall mean any elementary
school, secondary school, child day-care center, or church with a
building permit from the City to be constructed, or under construction,
or completed and in use at the time the marijuana facility applies
for a zoning permit.
2.
No dispensary facility shall be located within one thousand (1,000)
feet of any other dispensary facility.
3.
The spacing requirements between two (2) marijuana facilities or
between a marijuana facility and an elementary school, secondary school,
child day-care facility, or church contained herein shall be measured
as follows:
a.
In the case of a freestanding marijuana facility, the distance between
the proposed marijuana facility and either: (1) an existing marijuana
facility; or (2) an elementary school, secondary school, child day-care
facility, or church shall be measured from the external wall of the
proposed marijuana facility structure closest in proximity to the
existing marijuana facility, elementary school, secondary school,
child day-care facility, or church to the closest point of the property
line of the existing marijuana facility, elementary school, secondary
school, child day-care facility, or church. If the existing marijuana
facility, elementary school, secondary school, child day-care facility,
or church is part of a larger structure, such as an office building
or strip mall, the distance shall be measured to the entrance or exit
of the existing marijuana facility, elementary school, secondary school,
child day-care facility, or church closest in proximity to the proposed
marijuana facility.
b.
In the case of a proposed marijuana facility that is part of a larger
structure, such as an office building or strip mall, the distance
between the proposed marijuana facility and the existing marijuana
facility, elementary school, secondary school, child day-care facility,
or church shall be measured from the property line of the existing
marijuana facility, elementary school, secondary school, child day-care
facility, or church to the proposed marijuana facility's entrance
or exit closest in proximity to the existing marijuana facility, elementary
school, secondary school, child day-care facility, or church. If the
existing marijuana facility, elementary school, secondary school,
child day-care facility, or church is part of a larger structure,
such as an office building or strip mall, the distance shall be measured
to the entrance or exit of the existing marijuana facility, elementary
school, secondary school, child day-care facility, or church closest
in proximity to the proposed marijuana facility.
c.
Measurements shall be made along the shortest path between the demarcation
points that can be lawfully traveled by foot.
[Ord. No. 20-21, 12-16-2020]
A.
Except as provided in this Section, no building shall exceed thirty-five
(35) feet in height.
B.
Churches, synagogues, and other houses of worship may exceed thirty-five
(35) feet in height to a maximum of sixty (60) feet in height.
C.
Chimneys, rooftop mechanical appurtenances and other purely ornamental
or mechanical accessories shall not exceed the highest point of the
building by more than ten percent (10%) unless otherwise required
by applicable building codes.
[Ord. No. 20-21, 12-16-2020]
A.
No building shall be erected or maintained, nor vehicular parking
area provided within thirty (30) feet of any boundary of a "C" Commercial
District. This area may, however, be occupied by drives, sidewalks,
landscaping, and similar facilities.
B.
A buffer strip of not less than fifty (50) feet in width shall be
provided along any perimeter of a commercial development which adjoins
an "A" Single-Family Dwelling District, a "B" Single-Family Attached
Dwelling District or a "D" Park District, except where abutting a
public street. No drive, walkway, parking space or vehicular travel
way shall occupy any portion of the buffer strip, provided that the
Board of Aldermen may require that the buffer strip be supplemented
with additional plantings, landscaping and fencing.
C.
Buffer strips and all landscaping therein once implemented shall
be maintained by the property owner/occupant in accordance with any
approved landscape plan for the area. Any change to such buffer strips
from the approved site plan shall require an amendment to the site
plan prior to any work commencing.
[Ord. No. 20-21, 12-16-2020]
Off-street parking facilities shall be provided as required in Section 400.400 of this Chapter except where modified by the Board of Aldermen in accordance with approval of a development plan or limited development plan as provided in this Article.
[Ord. No. 20-21, 12-16-2020]
A.
The following requirements are supplementary to additional use requirements,
height regulations, area regulations and parking regulations set forth
in this Article and together with the provisions of this Section shall
be minimum standards for site design and building construction, reconstruction
or use within a "C" Commercial District.
1.
All uses, except off-street parking and loading facilities and
facilities for storage and removal of refuse, shall be conducted entirely
within an enclosed building or structure unless a conditional use
permit (if permanent) or special event permit (if temporary) is issued
by the Board of Aldermen.
2.
Building materials and facades shall be uniform and compatible
in type, color and texture with the existing City environment and
shall adhere to the Urban Design Guidelines of the City of Twin Oaks,
a copy of which is on file in the City office and incorporated in
this Section by reference.
3.
All portions of required buffer strips shall be adequately landscaped
as determined by the Board of Aldermen utilizing plantings, fencing
or a combination of both. Any parking area visible from a public or
private street shall be landscaped with appropriate plantings, trees,
decorative walls, or a combination of these elements. All landscaped
areas shall be properly irrigated and maintained at all times.
4.
All loading areas shall be screened from view from adjoining
streets and adjacent properties and all facilities for storage and
removal of refuse shall be located within sight-proof enclosures.
5.
No light standard shall exceed twenty-four (24) feet in height.
All on-site illumination sources shall be located, oriented, and directed
such that no light is cast directly on any adjoining property or street.
6.
All rooftop mechanical equipment shall be adequately screened
as determined by the City.
7.
All utility lines shall be installed underground and shall rise
within proposed buildings.
8.
All development activity shall minimize soil and site disturbance
and erosion. Where site disturbance is necessary, adequate erosion
control measures as determined by the City utilizing plantings, seeding,
mulching and silt catchment basins and similar methods shall be applied.
[Ord. No. 20-21, 12-16-2020]
A.
Purpose. To avoid unplanned, fragmented development, the City has
developed a plan ("Master Development Plan") to address and evaluate
all future redevelopment activities within the City's commercial district.
Therefore, certain applications for "redevelopment" or "development"
within any of the City's commercial districts shall be subject to
"development plan" approval process set forth herein where specified
circumstances exist. It is the intent of this Section to authorize
these "planned uses" only where the location and circumstances are
appropriate to the use and a development plan is approved by the Board
of Aldermen for any use designated as a planned use. It is also the
intent of this Section to increase the flexibility of development
design through evaluation and approval of a redevelopment plan. Approval
of a redevelopment plan shall be considered a legislative act of rezoning.
Any ordinance approving a redevelopment plan shall be deemed to incorporate
the provisions of this Section.
B.
Development Plan Process.
1.
Applicability. The development plan process set forth in this
Section shall be required when any one (1) of the following situations
is proposed:
a.
New construction of buildings;
b.
Expansion of existing buildings in excess of ten percent (10%)
of the existing floor area;
c.
Any alteration which changes existing drive aisles or vehicle
access to or on the site;
d.
Any alteration to the site which would result in more than one
(1) curb cut;
e.
Any development or expansion of motor vehicle oriented business;
or
f.
Any change from a permitted use, approved planned use or approved
conditional use to a new use listed as a planned use if such change
relates to a building or premises having more than ten thousand (10,000)
square feet, new construction to the building or premises, or substantial
change to the existing building or premises.
2.
Preliminary Development Plan Submittal Requirements. Persons
proposing any development or use which involves one (1) or more of
the situations set forth in Subsection (A)(1) of this Section shall
initially file with the City Clerk an application on forms provided
by the City and accompanied by such application fees as may be prescribed
from time to time by ordinance together with twelve (12) copies of
a proposed preliminary development plan and support documentation,
which preliminary development plan shall be prepared by a licensed
professional engineer, architect or land surveyor and shall include
the following information:
a.
Names of the developer or owner of the real property and of
the professional engineer, architect or land surveyor responsible
for preparation of the proposed development plan and total site area
in acres or square feet;
b.
Proposed location of buildings, other structures and proposed
lot boundaries and arrangements, i.e., ground leases, subdivisions,
dedications;
c.
Location of existing buildings, other structures and existing
and lot boundaries and arrangements including easements and dedications;
d.
Identification and location of adjacent uses and property ownership
to a distance of one hundred (100) linear feet from site boundaries;
e.
Identification of land areas within the 100-year floodplain;
f.
Existing and proposed grading and areas of cut and fill at a
minimum contour interval of two (2) feet and one (1) foot in areas
where average slopes are five percent (5%) or less, together with
proposed retaining walls or similar slope stabilization structures
or methods, identifying height and type of materials to be utilized;
g.
Landscaping and natural resources protection plan depicting
location and massing of existing vegetation and trees; existing streams,
watercourses and natural features together with specific measures
to be taken to preserve or minimize development impacts; proposed
landscaping and plantings including plant materials and sizes; identification
of screening and buffer areas, open space and other amenities;
h.
Traffic and parking plan depicting location of public streets,
identifying arterials, collectors and local streets; service and loading
areas; points of access to public rights-of-way; existing and proposed
parking areas, drives and pedestrian walks; and, as required by the
Board of Aldermen, traffic studies and counts describing vehicle turning
movements, peak and off-peak traffic impacts, existing and proposed
levels of service and such other information and analyses as may be
required;
i.
Existing and proposed water, sanitary sewerage, and storm utility
systems including drainage structures, inlets and provisions for on-site
stormwater retention and for minimizing impact on existing drainage
patterns and facilities;
j.
Elevations of proposed buildings and building masses depicting
general style, size, and exterior construction materials. Where several
building types are proposed, a separate sketch shall be prepared for
each type;
k.
Size, location, color and materials of all signs to be attached
to building exteriors;
l.
Schedules indicating gross floor area, site area, building coverage,
parking spaces, and proposed plant materials by type, size and quantity;
m.
Phases of development, if applicable.
3.
Review Procedures; Public Hearing. Upon the filing of the application for development plan, the City Clerk, after providing copies of the application to the Board of Aldermen, shall refer the same to the Planning and Zoning Commission for review, study and report and the Planning and Zoning Commission shall report to the Board of Aldermen recommendations regarding the application and the development plan. Upon receipt of the recommendations of the Planning and Zoning Commission, the City Clerk shall schedule a public hearing before the Board of Aldermen after giving notice of the time, place, and purpose of such hearing by publication at least once in a newspaper of general circulation within the City at least fifteen (15) days prior to the date of the public hearing. After the public hearing, the Board of Aldermen shall review the application and development plan. Any Board approval of a preliminary development plan shall be by resolution. The Planning and Zoning Commission and the Board of Aldermen shall apply the minimum standards for site design and building construction set forth in this Article, the Master Development Plan and its Urban Design Guidelines as a guide for review of proposed preliminary development plan applications. If the Board of Aldermen imposes conditions or restrictions on a proposed preliminary development plan, the Board of Aldermen shall designate those specific requirements that must be met before an applicant may submit for consideration a final development plan for the proposed development under Subsection (B)(4) below. In considering any proposed preliminary development plan application, consideration may also be given to the criteria stated below, to the extent pertinent to the particular application:
a.
Development is compatible with and incorporates standards and
principles contained in the minimum standards for site design and
building construction set forth in this Article, the Master Development
Plan, the Master Landscaping Plan, and the Urban Design Guidelines.
b.
Development is designed, located, and proposed to be operated
so that the public health, safety, and welfare will be protected.
c.
Development will not impede the normal and orderly development
and improvement of the surrounding property nor impair the use and
enjoyment or value of neighboring properties.
d.
Development incorporates adequate ingress and egress and an
internal street network that minimizes traffic congestion.
e.
The capability of the site area and location to accommodate
the building, parking areas and drives with appropriate open space
and safe and easy ingress and egress.
f.
The degree of harmony between the architectural quality and
siting of the proposed buildings with that of surrounding buildings
and structures.
4.
Duration Of Plan Approval — Final Development Plan Submittals.
The approved preliminary development plan shall specify the duration
of its validity, but in no event shall an approved preliminary development
plan be valid for a period longer than twelve (12) months from the
date of such approval. The Board of Aldermen may grant one (1) extension
not exceeding twelve (12) months upon written request. The approval
of a revised preliminary development plan shall not automatically
extend the time period during which the preliminary development plan
is valid. Within the period of validity of an approved preliminary
development plan, the applicant shall submit to the Board of Aldermen
for final approval a final development plan which shall satisfy all
submission requirements of the preliminary development plan and shall
additionally provide:
a.
Finished grades or contours for the entire site.
b.
All proposed and existing adjacent public street rights-of-way
with centerline location.
c.
All proposed and existing adjacent public street and public
drive locations, widths, curb cuts and radii.
d.
Location, width, and limits of all existing and proposed sidewalks.
e.
Location, size, and radii of all existing and proposed median
breaks and turning lanes.
f.
Distance between all buildings, between buildings and property
lines and between all parking areas and property lines.
g.
Depiction of all required building and parking setbacks.
h.
Location, dimensions, number of stories and area in square feet
of all proposed buildings.
i.
Limits, location, size, and material to be used in all proposed
retaining walls.
j.
Location and dimensions of all driveways, parking lots, parking
stalls, aisles, loading and service areas and docks.
k.
Location, height, intensity, and type of outside lighting fixtures
for buildings and parking lots.
l.
Location, size, and type of material of all proposed monument
or freestanding signs.
m.
Final stormwater collection and detention and erosion control
plans.
n.
Final water and sanitary sewerage plans.
o.
Final written approval from all interested jurisdictions, including
MSD and Valley Park Fire District or West County Fire District, as
applicable.
p.
Final landscaping and natural resources protection plans.
5.
Final Development Plan Review. A final development plan that
contains no changes or additions to the approved preliminary development
plan may be approved by the Board of Aldermen without further Planning
and Zoning Commission review upon a determination that all conditions
of approval of the preliminary development plan, if any, have been
satisfied by the applicant, and that all other submission requirements
have been satisfied. A final development plan that contains minor
changes to the approved preliminary development plan may be approved
by the Board of Aldermen provided that the Board of Aldermen determines
that the landscaping, buffer area and screening plans are adequate,
that the proposed development will be compatible with proposed and
existing adjacent development, and that all other submission requirements
have been satisfied. The phrase "minor changes," as used in this Subsection,
shall mean changes that do not affect traffic or pedestrian access
and otherwise are consistent with the intent of the original approval.
A final development plan that contains changes, other than minor changes,
from the approved preliminary development plan shall follow the procedure
for application, submission, and consideration of preliminary development
plan applications. Any approval of a final development plan by the
Board of Aldermen shall be by ordinance.
6.
Validity Of Final Development Plan. Final development plan approval
shall not be valid for a period longer than twelve (12) months from
the date of such approval, unless within such period a building permit
is obtained, and substantial construction is commenced, and all additional
building permits necessary to complete the project as approved in
the final development plan schedule are obtained in a timely fashion
as determined by the City Clerk. The Board of Aldermen may grant one
(1) extension of no more than twelve (12) months upon written request
of the original applicant. An application for extension of a final
development plan may be granted, if the application is filed before
the final development plan expires. Upon granting an extension, the
Board of Aldermen shall have the authority to attach new conditions
to the final development plan as the Board deems appropriate. "Substantial
construction," as used in this Subsection, shall mean completion of
at least ten percent (10%) of the construction in terms of the total
expected cost of the project for which the permit was issued.
7.
Plan Recordation. Following the Board of Aldermen's approval
by ordinance of a final development plan, a copy of the final development
plan signed by the Mayor shall be filed by the applicant with the
Recorder of Deeds of St. Louis County within sixty (60) days. All
filing fees shall be paid by the person who filed the development
plan application. The authorization for the use approved by the final
development plan shall not become effective until a copy of the recorded
plan bearing its recordation notations shall be returned and placed
on file with the City Clerk.
8.
Abandonment.
a.
A final development plan or a phase thereof shall terminate
and be deemed abandoned if:
(1)
The applicant or landowner shall fail to commence
development by failing to receive a building permit or failing to
undertake substantial construction on the property after receiving
a building permit within twelve (12) months after receiving final
development plan approval, or a longer period of time if an extension
of the final development plan has been granted by the Board of Aldermen;
or
(2)
The applicant or landowner abandons the final development
plan or a phase thereof and notifies the City, in writing, of the
abandonment; or
(3)
The applicant, successor applicant or landowner seeks to change a project after approval of a final development plan but fails to submit an application for an amended final development plan as set forth in Section 400.340(B) within ninety (90) days of the change or attempted change to the project provided that the Board of Aldermen may extend this deadline up to sixty (60) days for good cause shown.
b.
Whenever a final development plan or phase thereof has been
abandoned as provided in this Subsection, no development shall take
place on the property until a new final development plan has been
approved.
C.
Changes To A Project After Final Development Plan Approval. Prior
to changes being made to a site that is the subject of an approved
final development plan, the approved final development plan must be
amended in the following circumstances using the process set forth
below.
1.
Minor Changes. A proposed amendment of a final development plan
that contains minor changes to the approved final development plan
may be approved without further action of the Planning and Zoning
Commission or the Board of Aldermen or a public hearing, provided
that the City Engineer and City staff determines that the change(s)
is a minor change and that the landscaping, buffer area and screening
plan is adequate, that the proposed changes to the development will
be compatible with proposed and existing adjacent development and
that all other submission requirements have been satisfied. The phrase
"minor changes," as used in this Subsection, shall mean changes that:
a.
Accommodate the building(s), parking and drives with appropriate
open space and safe and easy ingress and egress with no traffic congestion
and/or loss in required parking or landscaping.
b.
Are compatible with the minimum standards for site design and
building construction set forth in this Article, the Master Development
Plan and its Urban Design Guidelines, any supplement thereto and/or
adopted regulations and the criteria governing the rezoning of property.
c.
Are consistent with the intent, density, and scope of the original
approval.
d.
Are designed, located, and proposed to be operated so that the
public health, safety, and welfare will be protected and will not
impair the use and enjoyment or value of neighboring properties.
e.
Are architecturally consistent with and of a similar quality
of the proposed building and the surrounding neighborhood.
f.
Do not seek to modify the minimum dimensions and areas of lots
and yards set forth in the applicable zoning district regulations
or the approved final development plan.
2.
All Other Changes — Amended Final Development Plan. A
proposed use of a site that contains changes other than minor changes
from the approved final development plan shall follow the procedure
for application, submission and consideration of final development
plans and an amending ordinance by the Board of Aldermen.
3.
Indication Of Changes. All applications for amendment shall
be accompanied by a narrative statement that describes the proposed
changes to the site and site plans that indicate existing conditions
and proposed changes to the approved plan sought by the applicant.
D.
Limited Development Plan Process.
1.
Applicability. The limited development plan process set forth
in this Section shall be required when any of the following situations
is proposed:
a.
Any alteration, expansion or modification to a site or the exterior of a structure located within a "C" Commercial District which is listed as a planned use but does not require a development plan process review and approval under Subsection (A) of this Section; or
b.
Any change in use to another use which is a planned use in the
"C" Commercial District provided that no development plan or limited
development plan approval under this Section shall be required where
the proposed activity is limited to a change in ownership or a change
in tenant occupancy that does not involve a change in use.
2.
Limited Development Plan Submittal Requirements. Persons proposing any development or use which involves one (1) or more of the situations set forth in Subsection (B)(1)(a) of this Section shall initially file with the City Clerk an application on forms provided by the City and accompanied by such application fees as the Board of Aldermen may prescribe from time to time by ordinance together with twelve (12) copies of a proposed limited development plan and support documentation which shall include the following information:
a.
A written detailed description of the proposed use of the property;
b.
A sketch plan of the site (may be hand drawn) showing approximate
location of buildings, other structures and lot arrangements as well
as any proposed landscaping or exterior improvements and proposed
location and type of signage;
c.
The approximate gross floor area of existing and proposed use;
d.
A description of the expected parking needs;
e.
Details of any proposed improvements to the property;
f.
A description of the types of products to be sold or services
to be provided;
g.
The proposed hours and days of operation;
h.
The maximum number of employees;
i.
The date on which the applicant proposes to begin the use;
j.
A description of any other existing uses and/or tenants on the
property;
k.
A description of the uses of adjacent properties; and
l.
Any State or St. Louis County licensing requirements for the
proposed use along with copies of all licenses obtained.
3.
Review Procedures.
a.
The application for limited development plan shall be referred
to the Planning and Zoning Commission for review and study after which
the Planning and Zoning Commission shall report to the Board of Aldermen
recommendations regarding the application and the limited development
plan. The Board of Aldermen and the Planning and Zoning Commission
shall apply the minimum standards for site design and building construction
set forth in this Article, the Master Development Plan, the Master
Landscaping Plan, and the Urban Design Guidelines as a guide for review
of proposed limited development plan applications. The Board of Aldermen
may impose conditions or restrictions on a proposed limited development
plan. In considering any proposed limited development plan application,
the Commission and Board of Aldermen shall also consider the criteria
stated below, to the extent pertinent to the particular application:
(1)
The use is compatible with and incorporates standards
and principles contained in the minimum standards for site design
and building construction set forth in this Article, the Master Development
Plan, the Master Landscaping Plan, and the Urban Design Guidelines.
(2)
The use is designed, located, and proposed to be
operated so that the public health, safety, and welfare will be protected.
(3)
The use will not impede the normal and orderly
development and improvement of the surrounding property nor impair
the use and enjoyment or value of neighboring properties.
(4)
The site incorporates adequate ingress and egress
and an internal street network that minimizes traffic congestion.
(5)
The capability of the existing site to accommodate
the use, building, parking, and drives.
(6)
The effect of the proposed limited development
plan on other tenants or users of the property.
b.
Approval of any limited development plan shall be by ordinance
following conclusion of a public hearing thereon after giving notice
of the time, place, and purpose of such hearing by publication at
least once in a newspaper of general circulation within the City at
least fifteen (15) days prior to the date of the public hearing.
4.
Plan Recordation. Following the Board of Aldermen's approval
by ordinance of a limited development plan, a copy of the limited
development plan signed by the Mayor shall be filed by the applicant
with the Recorder of Deeds of St. Louis County within sixty (60) days.
All filing fees shall be paid by the person who filed the development
plan application. The authorization for the use approved by the limited
development plan shall not become effective until a copy of the recorded
plan bearing its recordation notations shall be returned and placed
on file with the City Clerk.
5.
Abandonment.
a.
An approved limited development plan shall terminate and be
deemed abandoned if:
(1)
The applicant or landowner shall fail to commence
the use by failing to receive a building permit or occupancy permit
within twelve (12) months after receiving limited development plan
approval, or a longer period of time if an extension of the final
development plan has been granted by the Board of Aldermen; or
(2)
The applicant or landowner abandons the site or
the limited development plan and notifies the City, in writing, of
the abandonment; or
(3)
The applicant, landowner or subsequent applicant/owner seeks to substantially change the project after limited development plan approval but fails to submit an application for a new application for a limited development plan as set forth in Section 400.340(C)(2) within sixty (60) days of the change or attempted change to the project, provided that the Board of Aldermen may extend this deadline up to sixty (60) days for good cause shown.
b.
Whenever a limited development plan has been abandoned as provided
in this Subsection, no change in use shall take place on the property
until a new limited development plan has been approved as provided
in this Article.
