City of Fenton, MO
St. Louis County
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Table of Contents
Table of Contents
Editor's Note — Ordinance no. 3001 §1, adopted December 23, 2008, repealed title IV in its entirety. See editor's note at beginning of title IV.

Section 466.010 "OT-1" Olde Towne Historic Zone District Regulations.

[Ord. No. 3001 §1, 12-23-2008; Ord. No. 3121 §1, 4-22-2010; Ord. No. 3125 §1, 4-22-2010; Ord. No. 3183 §§1 — 4, 4-28-2011; Ord. No. 3229 §1, 12-22-2011]
A. 
Purpose. The regulations contained in this Section are the district regulations in the "OT-1" Olde Towne Historic Zone District. The "OT-1" Zone District is created to recognize and capitalize on the rich heritage and historical beginnings of Fenton. By doing so, the district is afforded extra consideration and sensitivity towards creating a lively, pedestrian-oriented place to visit. By allowing a range of uses, the district intends to foster a diverse yet complementary mixture of small business, residential and institutional uses. Such a unique environment should attract and establish the foundation for sustained private and public investment. These regulations are supplemented and qualified by additional general regulations contained elsewhere in this Title and made a part of this Section by reference.
B. 
Permitted Uses. Except as otherwise provided, a building or premises shall be used only for the following purposes:
1. 
Art gallery/museums.
2. 
Bed and breakfast.
3. 
Funeral homes.
4. 
Civic lodge/post office.
5. 
Public parks/municipal buildings and fire stations.
6. 
Churches.
7. 
Retirement centers.
8. 
Single-family dwelling.
9. 
A use per floor on multi-storied structures.
10. 
Home occupation.
11. 
Accessory buildings.
12. 
Delicatessen.
13. 
Bakery.
14. 
Coffee/tea house.
15. 
Candy factory.
16. 
Ice cream shop.
17. 
Financial offices, involved in providing financial advisory/planning services.
18. 
Insurance offices, involved in providing auto/home/business insurance.
19. 
Legal offices, involved in providing legal services.
20. 
Real estate offices, involved in providing real estate sales, title and brokerage services.
21. 
Reserved.
22. 
Reserved.
23. 
Reserved.
24. 
Financial institutions.
25. 
Residential condominiums/town houses.
26. 
Street vending, including kiosk rentals.
27. 
Day care facilities (State certified).
28. 
Reserved.
29. 
Florist.
30. 
Sporting goods.
31. 
Copying, printing shops.
32. 
Photography studio.
33. 
Grocery store.
34. 
Barber and beauty shops.
35. 
Tanning salon.
36. 
Tailor.
37. 
Dry cleaner.
38. 
Dance studio.
39. 
Craft and handiwork shops (glass, metal, wood).
40. 
Reserved.
41. 
Advertising and marketing consulting offices.
42. 
Antique shops (not pawnshops).
43. 
Architects/engineering offices.
44. 
Art dealers.
45. 
Camera and photographic supplies stores.
46. 
Fitness centers.
47. 
Costume rental.
48. 
Gift, novelty and souvenir stores.
49. 
Hobby, book and music stores.
50. 
Human resources consulting offices.
51. 
Office supplies and stationery.
52. 
Pet and pet supplies (no kennels outside or boarding of pets outside).
53. 
Apparel and clothiers, including rentals.
54. 
Specialty food stores.
55. 
Travel agencies.
56. 
Videotape and disc sales/rental.
57. 
Restaurants, including bar service, with at least fifty percent (50%) of the gross income derived from the sale of prepared meals or food consumed on the premises.
58. 
Restaurants, not serving alcohol.
59. 
Indoor performance theatre, including dinner theatre, not serving alcohol.
C. 
Uses Allowed By Special Use Permit. The following uses are permissible in the "OT-1" Olde Towne Historic Zone District after consideration by the Planning and Zoning Commission and granting of a special use permit by the Board of Aldermen:
1. 
Auto, boat sales.
2. 
ATM facilities (outdoor, freestanding).
3. 
Reserved.
4. 
Hospitals and clinics for animals — no open kennels.
5. 
Buildings over three (3) stories in height.
6. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection (C)(6), regarding group homes, was repealed 10-22-2015 by §3 of Ord. No. 3549.
7. 
Parking facilities built above or below ground level.
8. 
Drive-through facilities (see Chapter 450).
9. 
Reserved.
10. 
Reserved.
11. 
Specialty/hobby collector shops, excluding pawnshops.
12. 
Vintage/retro merchandise shop, not pawnshops.
13. 
Watercraft service and rentals.
14. 
Docks for boats and watercraft vehicles.
15. 
Medical/dental facilities (State certified).
16. 
Professional office not otherwise provided for in this Chapter, wherein said office offers a professional service related to psychological, psychiatric and such other consultation services as relate to mental healthcare provided by a person or persons licensed to provide such services by the Federal or State Government.
17. 
Produce/farmer's market, including outdoor sales.
18. 
Outdoor dining.
19. 
Indoor performance theatre, including dinner theater, serving alcohol with at least fifty percent (50%) of the gross income derived from the sale of prepared meals or food consumed on the premises.
D. 
District Regulations. The area of "OT-1" Zone Districts shall be a minimum of fifteen (15) acres.
E. 
Maximum Building Height. Up to three (3) stories or forty-five (45) feet. (Additional height considered by special use permit.)
F. 
Lot Regulations.
1. 
Front setback.
a. 
There shall be zero (0) front setback or landscape setback from the established street right-of-way or property line.
b. 
No accessory building shall project beyond the front setback line on either street.
2. 
Side setback. There shall be zero (0) side setback or landscape setback from the established street right-of-way or property line.
3. 
Rear setback. There shall be zero (0) rear setback or landscape setback from the established street right-of-way or property line.
4. 
Intensity of use. Maximum lot coverage of building shall not exceed seventy-five percent (75%) of a lot excluding parking areas.
5. 
Minimum requirements. All lots containing an area of eight thousand (8,000) square feet but less than ten thousand (10,000) square feet shall have a minimum width at the building line of fifty (50) feet.
G. 
Exterior Building Materials.
1. 
Primary building materials.
a. 
Allowable primary building materials are brick and other brick-like masonry, glass or architectural pre-cast concrete.
b. 
Primary building materials shall not be less than eighty percent (80%), excluding windows and doors, of any front, side or rear wall.
2. 
Accent building materials.
a. 
Allowable accent building materials are architecturally designed metal panels and Exterior Insulation Finishing Systems (EIFS).
b. 
Accent building materials shall not exceed twenty percent (20%), excluding windows and doors, of any front, side or rear wall. EIFS material shall be located a minimum of three (3) feet above grade.
c. 
Accent building materials shall be a color that is compatible with the primary building material.
3. 
Exceptions.
a. 
Concrete block may only be allowed as a primary or accent building material on a rear wall not facing a public or private street, or residential property.
b. 
Buildings that qualify for historic building rehabilitation tax credit may utilize the same material as initially utilized on the exterior of the building for repair or alterations.
H. 
Parking Regulations. No parking requirements. Due to the small lot sizes and to boost business development, it will be necessary in the "OT-1" Zone District to provide centralized parking lots and/or facilities to serve the overall parking needs of the public visiting the Olde Towne area.

Section 466.020 "OT-2" Olde Towne Family Entertainment/ Commercial Zone District Regulations.

[Ord. No. 3001 §1, 12-23-2008; Ord. No. 3030 §§1 — 2, 5-28-2009; Ord. No. 3122 §§1 — 2, 4-22-2010; Ord. No. 3184 §§1 — 4, 4-28-2011; Ord. No. 3230 §1, 12-22-2011]
A. 
Purpose. The regulations contained in this Section are the district regulations in the "OT-2" Old Towne Family Entertainment/Commercial Zone District. The "OT-2" Family Entertainment/ Commercial Zone District is characterized by national retail chain stores. This retail component of the Old Towne area of Fenton serves a wide market area and typifies a design synonymous with suburban shopping. These regulations are supplemented and qualified by additional general regulations contained elsewhere in this Title and made a part of this Section by reference.
B. 
Permitted Uses. Except as otherwise provided, a building or premises shall be used only for the following purposes:
1. 
A use per floor on multi-storied structures.
2. 
Accessory buildings and uses customarily incidental to the permitted uses.
3. 
Art gallery/museums.
4. 
Barber and beauty shops.
5. 
Batting cages.
6. 
Billiard hall (no alcohol).
7. 
Bowling alley (no alcohol).
8. 
Children's clothing and toy stores.
9. 
Cinema.
10. 
Coffee/tea house.
11. 
Dance studio.
12. 
Day care facilities (State certified).
13. 
Department stores.
14. 
Dry cleaner.
15. 
Family arcade, including video.
16. 
Financial offices, involved in providing financial advisory/planning services.
17. 
Grocery/supermarket.
18. 
Hardware.
19. 
Home electronics (including television, video, radios and computers).
20. 
Home furnishings and appliances.
21. 
Home improvement department stores.
22. 
Reserved.
23. 
Indoor golfing ranges.
24. 
Insurance offices, involved in providing auto/home/business insurance.
25. 
Legal offices, involved in providing legal services.
26. 
Martial arts school.
27. 
Miniature golf course.
28. 
New automobile and new boat dealerships.
29. 
Office supplies and stationery, including furnishings and electronics.
30. 
Reserved.
31. 
Pharmacy.
32. 
Post office.
33. 
Public parks, plazas, municipal buildings and fire stations.
34. 
Real estate offices, involved in providing real estate sales, title and brokerage services.
35. 
Reserved.
36. 
Skating rinks (ice or roller).
37. 
Sporting goods.
38. 
Street vending, including kiosk rentals.
39. 
Tanning salon.
40. 
Reserved.
41. 
Yoga studio.
42. 
Advertising and marketing consulting offices.
43. 
Antique shops (not pawnshops).
44. 
Architects/engineering offices.
45. 
Art dealers.
46. 
Financial institutions.
47. 
Camera and photographic supplies stores.
48. 
Fitness centers.
49. 
Florist.
50. 
Costume rental.
51. 
Gift, novelty and souvenir stores.
52. 
Hobby, book and music stores.
53. 
Human resources consulting offices.
54. 
Pet and pet supplies (no kennels outside or boarding of pets outside).
55. 
Apparel and clothiers, including rentals.
56. 
Specialty food stores.
57. 
Travel agencies.
58. 
Videotape and disc sales/rental.
59. 
Auto parts sales store (not including the installation of parts, repair or service of vehicles).
60. 
Copying and printing shops, not including fabrication of wood or metal sign support structures or sign cabinet fabrication.
61. 
Bakery.
62. 
Reserved.
63. 
Delicatessen.
64. 
Ice cream shop.
65. 
Indoor performance theatre, including dinner theatre, not serving alcohol.
66. 
Restaurants, not serving alcohol.
67. 
Restaurants, including bar service, with at least fifty percent (50%) of the gross income derived from the sale of prepared meals or food consumed on the premises.
68. 
Billiard hall, not serving alcohol.
69. 
Bowling alley, not serving alcohol.
70. 
Electronic cigarette retail store.
[Ord. No. 3427 §1, 6-26-2014]
C. 
Uses Allowed By Special Use Permit. The following uses are permissible in the "OT-2" Olde Towne Family Entertainment/Commercial Zone District after consideration by the Planning and Zoning Commission and granting a special use permit by the Board of Aldermen:
1. 
ATM facilities (outdoor, freestanding).
2. 
Automobile service station.
3. 
Billiard hall (serving alcohol).
4. 
Bowling alley (serving alcohol).
5. 
Reserved.
6. 
Buildings over three (3) stories in height.
7. 
Drive-through facilities (see Chapter 450).
8. 
Reserved.
9. 
Reserved.
10. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection (C)(10), regarding group homes, was repealed 10-22-2015 by §3 of Ord. No. 3549.
11. 
Hospitals and clinics for animals — no open kennels.
12. 
Hotels.
13. 
Reserved.
14. 
Reserved.
15. 
Parking facilities above or below ground level.
16. 
Physician and dental offices.
17. 
Produce/farmers market (including outdoor sales of same).
18. 
Reserved.
19. 
Motorcycle sales and service, including related sales of parts and accessories, apparel and collectibles.
20. 
Electrical substations.
21. 
Treatment facilities for alcohol and drug abuse. The following information must be included with the special use permit application: maximum number of patients treated at the facility at one time and the number of employees at the maximum shift. The treatment facilities may not be located across from or adjacent to residentially zoned properties. There shall be a minimum separation of two thousand five hundred (2,500) feet radius between each facility.
22. 
Small loan businesses, when located a minimum of one thousand eight hundred (1,800) feet from any other small loan business within the City and not less than five hundred (500) feet from any residentially zoned property. The separation distances shall be measured in a straight line from or to the closest exterior wall of the small loan business and from or to the closest point on any property line of any residentially zoned property.
23. 
Eating/drinking establishments with less than fifty percent (50%) of the gross income derived from the sale of prepared meals or food consumed on the premises.
24. 
Indoor performance theatre, including dinner theatre, serving alcohol with at least fifty percent (50%) of the gross income derived from the sale of prepared meals or food consumed on the premises.
25. 
Outdoor dining.
26. 
Professional office not otherwise provided for in this Chapter, wherein said office offers professional service related to psychological, psychiatric and other such consultation services as related to mental healthcare provided by a person or persons licensed to provide such services by the Federal or State Government.
[Ord. No. 3387 §1, 2-27-2014]
D. 
District Regulations. The area of "OT-2" Olde Towne Family Entertainment/Commercial Zone Districts shall be a minimum of ten (10) acres.
E. 
Maximum Building Height. Up to three (3) stories or forty-five (45) feet. (Additional height considered by special use permit.)
F. 
Lot Regulations.
1. 
Front setback. There shall be a thirty (30) foot front setback or landscape setback from the established street right-of-way or property line. Where there is a corner lot, the front setback requirement shall apply to each side of the lot fronting on a street.
2. 
Side setback. There shall be a fifteen (15) foot side setback or landscape setback from the established street right-of-way or property line.
3. 
Rear setback. There shall be a fifteen (15) foot rear setback or landscape setback from the established street right-of-way or property line.
4. 
Intensity of use. Maximum lot coverage of building shall not exceed sixty-five percent (65%) of a lot excluding parking areas.
5. 
Minimum lot requirements. All newly created lots shall contain a minimum area of one (1) acre or forty-three thousand five hundred sixty (43,560) square feet.
G. 
Exterior Building Materials.
1. 
Primary building materials.
a. 
Allowable primary building materials are brick and other brick-like masonry, glass or architectural pre-cast concrete.
b. 
Primary building materials shall not be less than eighty percent (80%), excluding windows and doors, of any front, side or rear wall.
2. 
Accent building materials.
a. 
Allowable accent building materials are architecturally designed metal panels and Exterior Insulation Finishing Systems (EIFS).
b. 
Accent building materials shall not exceed twenty percent (20%), excluding windows and doors, of any front, side or rear wall. EIFS material shall be located a minimum of three (3) feet above grade.
c. 
Accent building materials shall be a color that is compatible with the primary building material.
3. 
Exceptions.
a. 
Concrete block may only be allowed as a primary or accent building material on a rear wall not facing a public or private street, or residential property.
b. 
Buildings that qualify for historic building rehabilitation tax credit may utilize the same material as initially utilized on the exterior of the building for repair or alterations.
H. 
Parking Regulations. See off-street parking and loading requirements, Chapter 496.

Section 466.030 "OT-3" Olde Towne Mixed Use Zone District Regulations.

[Ord. No. 3001 §1, 12-23-2008; Ord. No. 3056 §1, 8-27-2009; Ord. No. 3185 §§1 — 3, 4-28-2011; Ord. No. 3231 §1, 12-22-2011]
A. 
Purpose. The regulations contained in this Section are the district regulations in the "OT-3" Old Towne Mixed Use Zone District. The "OT-3" Old Towne Mixed Use Zone District is characterized as a potential commercial growth area to serve the convenience needs of new residential development south of the City. An additional light industrial component in this area of Olde Towne Fenton recognizes existing warehouse and distribution uses. These regulations are supplemented and qualified by additional general regulations contained elsewhere in this Title and made a part of this Section by reference.
B. 
Permitted Land Uses. Except as otherwise provided, a building or premises shall be used only for the following purposes:
1. 
Retail — no vehicle, boat, heavy equipment, mobile home sales lots and outdoor storage of same.
2. 
Professional offices and services, i.e., financial, insurance, real estate and legal.
3. 
Financial institutions.
4. 
Personal services, i.e., barber, beauty shop, tanning, tailoring/dry cleaning, etc.
5. 
Public parks.
6. 
Fitness/recreation and amusement facilities (no billiards).
[Ord. No. 3358 §1, 10-24-2013]
7. 
Reserved.
8. 
Day care facilities (State certified).
9. 
Small warehouse, light assembly and distribution.
10. 
Accessory buildings and uses customarily incidental to the permitted uses.
11. 
Home service contractor/consultant, including office, storage and light assembly for cabinetry, flooring, gutter and similar exterior repair and pest control. No outside storage of material or equipment other than licensed service vehicles, excluding tractor-trailer units, are permitted.
12. 
Restaurants, not serving alcohol.
13. 
Restaurants, including bar service, with at least fifty percent (50%) of the gross income derived from the sale of prepared meals or food consumed on the premises.
14. 
Banquet facilities, including bar service, with at least fifty percent (50%) of the gross income derived from the sale of prepared meals or food consumed on the premises.
C. 
Uses Allowed By Special Use Permit. The following uses are permissible in the "OT-3" Olde Towne Mixed Use Zone District after consideration by the Planning and Zoning Commission and granted a special use permit by the Board of Aldermen:
1. 
Drive-through facilities (see Chapter 450).
2. 
Reserved.
3. 
Hospitals and clinics for animals — no open kennels.
4. 
Medical/dental facilities (State certified).
5. 
Buildings over three (3) stories in height.
6. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection (C)(6), regarding group homes, was repealed 10-22-2015 by §3 of Ord. No. 3549.
7. 
Reserved.
8. 
Truck and trailer rental facility affiliated with and subordinate to primary business on the same property.
9. 
Technical/vocational school offering courses in the fields of electronics, drafting, allied health, information technology and veterinary technician training.
10. 
Indoor automotive detailing and service facility operating in conjunction with a franchise dealership, including the outdoor storage of vehicles being serviced by the facility.
[Ord. No. 3379 §1, 1-23-2014]
D. 
District Regulations. The area of "OT-3" Zone Districts shall be a minimum of twenty (20) acres.
E. 
Maximum Building Height. Up to three (3) stories or forty-five (45) feet. (Additional height considered by special use permit.)
F. 
Lot Regulations.
1. 
Front setback. There shall be a thirty (30) foot front setback or landscape setback from the established street right-of-way or property line. Where there is a corner lot, the front setback requirement shall apply to each side of the lot fronting on a street.
2. 
Side setback. There shall be a fifteen (15) foot side setback or landscape setback from the established street right-of-way or property line.
3. 
Rear setback. There shall be a fifteen (15) foot rear setback or landscape setback from the established street right-of-way or property line.
4. 
Intensity of use. Maximum lot coverage of building shall not exceed sixty-five percent (65%) of a lot excluding parking areas.
5. 
Minimum lot requirements. All newly created lots shall contain a minimum area of one (1) acre or forty-three thousand five hundred sixty (43,560) square feet.
G. 
Exterior Building Materials.
1. 
Primary building materials.
a. 
Allowable primary building materials are brick and other brick-like masonry, glass or architectural pre-cast concrete.
b. 
Primary building materials shall not be less than eighty percent (80%), excluding windows and doors, of any front, side or rear wall.
2. 
Accent building materials.
a. 
Allowable accent building materials are architecturally designed metal panels and Exterior Insulation Finishing Systems (EIFS).
b. 
Accent building materials shall not exceed twenty percent (20%), excluding windows and doors, of any front, side or rear wall. EIFS material shall be located a minimum of three (3) feet above grade.
c. 
Accent building materials shall be a color that is compatible with the primary building material.
3. 
Exceptions.
a. 
Concrete block may only be allowed as a primary or accent building material on a rear wall not facing a public or private street, or residential property.
b. 
Buildings that qualify for historic building rehabilitation tax credit may utilize the same material as initially utilized on the exterior of the building for repair or alterations.
H. 
Parking. See off-street parking and loading requirements, Chapter 496.

Section 466.040 "OT-4" Olde Towne Planned Multiple-Family District Regulations.

[Ord. No. 3001 §1, 12-23-2008]
A. 
Purpose. The regulations contained in this Section are the district regulations for the "OT-4" Planned Multiple-Family Zone District. The "OT-4" Planned Multiple-Family Zone District is created to provide a high-density residential living community. These regulations are supplemented and qualified by additional general regulations contained elsewhere in this Title and made a part of this Section by reference.
B. 
Permitted Land Uses. Within the Planned Multiple-Family District, a building or premises may be used for the following purposes:
1. 
High density residential (greater than four (4) units), i.e., apartments, town houses.
2. 
Condominiums.
3. 
Single and two-family dwellings.
4. 
Accessory buildings and uses customarily incidental to the permitted uses.
5. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection (B)(5), regarding group homes, was repealed 10-22-2015 by §3 of Ord. No. 3549.
C. 
Height Regulations. No building shall exceed three (3) stories or forty-five (45) feet in height, except that a building with twenty percent (20%) or less coverage of the land area may be erected to a height not to exceed four (4) stories or fifty-five (55) feet.
D. 
Area Regulations.
1. 
No building shall be erected within forty (40) feet of any property or street line.
2. 
Intensity of use. The aggregate gross area of the building or buildings shall not exceed thirty percent (30%) of the entire lot area and with a minimum of two thousand five hundred (2,500) square feet of lot area per family.
E. 
Procedure To Establish.
1. 
The planned multiple-family area shall be designed as a whole, unified, single project. The owner of any parcel of land may submit to the Board of Aldermen a plan for the use and development of all or part of such parcel for the purpose of providing for apartments of an integrated design and appropriate locations for/of buildings, landscaping, access ways and parking areas.
2. 
The plan shall be referred to the Planning and Zoning Commission for public hearing, study and report and shall be filed in such manner and accompanied by payment of such fee as provided in the fee schedule for a building permit and with notice and procedures as therein provided.
3. 
After public hearing, the Commission shall consider such plan with particular regard to the master plan for the City of Fenton, the effect upon traffic, congestion and fire hazards, the character of the neighborhood, the building distances and yard limitations for their aesthetic value to the community, whether such proposed plan would overtax public facilities and utilities and the general welfare of the community.
4. 
The Planning and Zoning Commission shall report thereon to the Board of Aldermen within sixty (60) days of notification, or if no report within said time, the Board of Aldermen may take action without awaiting said report.
5. 
The Board of Aldermen shall consider said proposed district with particular regard to the criteria mentioned above and hereafter mentioned in this Section and take such action as it believes to be in the best interests of the City of Fenton. The Board of Aldermen may, if it finds it to be in the best interest of the orderly development of the City of Fenton, provide for certain single-family or two-family dwellings to be included in said plan, subject to all regulations herein contained.
F. 
Landscaping Regulations.
1. 
Any part of the project area not used for buildings or other structures or for parking, loading or access ways shall be landscaped with grass, trees and shrubs and, where needed, pedestrian walks.
2. 
Reasonable additional requirements as to landscaping, lighting, screening, access ways, building distances and yard limitations may be imposed by the Board of Aldermen for protection of adjoining residential property, for conformity to the general welfare of the City of Fenton and its inhabitants.
G. 
Street Regulations.
1. 
All roads, parking areas and walks shall be paved or built with asphaltic concrete, Portland cement concrete or any approved materials as may be specified by the Commission.
2. 
All roads, streets and access ways shall be a minimum of thirty-eight (38) feet in width centered within a minimum sixty (60) feet right-of-way and shall be through the whole project area with minimum change to the traffic flow on the surrounding areas.
H. 
Additional Regulations.
1. 
No expansion or conversion of existing structures shall be permitted except on the basis of a detailed site plan to be approved by the Board of Aldermen showing the relationship of yards, off-street parking and other open spaces to surrounding property and shall comply with these regulations as in the case of new construction.
2. 
If the Board of Aldermen believes proof of financial responsibility of the applicant or developer is in the best interest of the City of Fenton, the Board may require such applicant to submit such proof.
3. 
Any development of a "OT-4" Planned Multiple-Family Zone District as well as all other development within the City of Fenton shall be subject to all of the terms, conditions and requirements of the Subdivision Regulations (see Chapter 480 of this Code) of the City of Fenton and all of the terms and provisions thereof.
4. 
The Board of Aldermen may vary or modify the requirements of this Section, the strict enforcement of which would entail unusual or real difficulties in carrying out the intent of this Title.

Section 466.050 "OT-5" Olde Towne Marina Zone District Regulations.

[Ord. No. 3001 §1, 12-23-2008; Ord. No. 3186 §§1 — 4, 4-28-2011; Ord. No. 3271 §1, 6-28-2012]
A. 
Purpose. The regulations contained in this Section are the district regulations in the "OT-5" Old Towne Marina Use Zone District. The Marina District is characterized as a mixed-use of developments of high-density, luxury housing and ground-level commercial uses terminating on the proposed Meramec Quay and Meramec Quay Marina (as contained in the Olde Towne Redevelopment Plan adopted April 2000). The district's urban and architectural character is intended to be more contemporary and follows a river/marina theme. Broad sidewalks encourage successful outdoor cafes and pedestrian activity zones. The higher density of the luxury residential and upscale commercial uses may necessitate structured parking on the interior of the blocks or on the first (1st) few floors of the structure. Being in an area subject to periodic flooding, special engineering/construction precautions will be necessary to safeguard property from these events. These regulations are supplemented and qualified by additional general regulations contained elsewhere in this Title and made a part of this Section by reference.
B. 
Permitted Land Uses. Except as otherwise provided, a building or premises shall be used only for the following purposes:
1. 
Day care facilities (State certified).
2. 
Barber and beauty shops.
3. 
Tanning salon.
4. 
Tailor.
5. 
Dry cleaner.
6. 
Financial offices, involved in providing financial advisory/planning services.
7. 
Insurance offices, involved in providing auto/home/business insurance.
8. 
Legal offices, involved in providing legal services.
9. 
Real estate offices, involved in providing real estate sales, title and brokerage services.
10. 
Architectural/engineering offices.
11. 
Advertising/graphics offices.
12. 
Retail stores, including apparel, gift and novelty stores (excluding pawnshops).
13. 
Sports equipment (water related).
14. 
Florist.
15. 
Reserved.
16. 
Reserved.
17. 
Delicatessen.
18. 
Bakery.
19. 
Coffee/tea house.
20. 
Reserved.
21. 
Bookstore.
22. 
Art gallery.
23. 
Copying, printing and sign shops.
24. 
Public parks, municipal buildings and fire stations.
25. 
A use per floor on multi-storied structures.
26. 
Home occupation.
27. 
Residential condominiums/town houses.
28. 
Street vending, including kiosk rentals.
29. 
Pet grooming facility, not including any outdoor kennels, medical or overnight care.
30. 
Restaurants, not serving alcohol.
31. 
Restaurants, including bar service, with at least fifty percent (50%) of the gross income derived from the sale of prepared meals or food consumed on the premises.
C. 
Uses Allowed By Special Use Permit. The following uses are permissible in the "OT-5" Olde Towne Mixed Use Zone District after consideration by the Planning and Zoning Commission and granted a special use permit by the Board of Aldermen:
1. 
Buildings over three (3) stories in height.
2. 
Accessory buildings.
3. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection (C)(3), regarding group homes, was repealed 10-22-2015 by §3 of Ord. No. 3549.
4. 
ATM facilities (outdoor, freestanding).
5. 
Parking facilities built above or below ground level.
6. 
Marina for recreational boating.
7. 
Docks for boats and watercraft vehicles.
8. 
Sale, rental and repair of boats, watercraft vehicles and water sports equipment (boats, canoes, etc.) and storage of same.
9. 
Sale and rental of unmotorized sports and trail equipment (bicycles, skates, etc.) and storage of same.
10. 
Drive-through facilities (see Chapter 450).
11. 
Reserved.
12. 
Reserved.
13. 
Reserved.
14. 
Produce/farmers market (indoor and outdoor sales of same).
15. 
Collector/hobby shops, excluding pawnshops.
16. 
Automobile service station.
17. 
Reserved.
18. 
Medical/dental facilities (State certified).
19. 
Non-specified building materials.
20. 
All-terrain vehicles (ATVs).
21. 
Home or industry contractor office/service wherein not less than twenty-five percent (25%) of the building floor area is utilized for the display of product offered for retail sale and no open storage is provided on the same property.
22. 
Outdoor dining.
23. 
Eating/drinking establishments with less than fifty percent (50%) of the gross income derived from the sale of prepared meals or food consumed on the premises.
D. 
District Regulations. The area of "OT-5" Zone Districts shall be a minimum of twenty (20) acres.
E. 
Maximum Building Height. Up to three (3) stories or forty-five (45) feet. (Additional height considered by special use permit.)
F. 
Lot Regulations.
1. 
Front setback.
a. 
There shall be zero (0) front setback or landscape setback from the established street right-of-way or property line beginning inside the public sidewalk. Where there is a corner lot, the front setback requirement shall apply to each side of the lot fronting on a street.
b. 
No accessory building shall project in front of the rear building line on either street.
2. 
Side setback. There shall be zero (0) side setback or landscape setback from the established street right-of-way or property line.
3. 
Rear setback. There shall be zero (0) rear setback or landscape setback from the established street right-of-way or property line.
4. 
Intensity of use. Maximum lot coverage of building shall not exceed seventy-five percent (75%) of a lot excluding parking areas.
5. 
Minimum lot requirements. All newly created lots shall contain a minimum area of one (1) acre or forty-three thousand five hundred sixty (43,560) square feet and shall have a minimum width at the building line of one hundred (100) feet.
6. 
Public sidewalks.
a. 
In order to promote pedestrian traffic, public sidewalks must be installed on all front and side street exposures. Said sidewalks must be paved with durable brick or paver-stone materials, and must be a minimum of eight (8) feet wide.
b. 
Where outside dining is provided, the dining area shall be recessed in relation to the other wall frontages to maintain at least an eight (8) foot wide sidewalk and the pavement material shall be approvable by the St. Louis County Department of Health.
c. 
Design elements and material criteria of said sidewalk shall also be dictated by any subsequent architectural guidelines established for the Olde Towne Zone Districts as applicable. Cleaning and maintenance of sidewalks is the responsibility of the property owner to which it abuts, including repairs, weed removal and snow and ice removal.
G. 
Exterior Building Materials. Brick and other brick-like masonry, marble or granite, simulated marble or granite panels, wood clapboard or simulated wood siding and architectural glass panels. Building materials not specified above may be considered through the special use permit process.
H. 
Floodplain Specifications. The City of Fenton is an active participant in the National Flood Insurance Program and has an adopted Floodway Floodplain Management Ordinance (Chapter 515). This Section will serve as guidelines for future development in the "OT-5" District.
I. 
Parking Regulations. See off-street parking and loading requirements, Chapter 496. However, due to small lot sizes and to boost business development, shared parking with other businesses is permitted. Contractual proof of shared dedicated parking arrangements must be provided.