[Ord. No. 3574 §3, 6-26-2008]
Every public utility, cable company, video services provider and other users of the City's rights-of-way or adjacent easements to provide services shall comply with the supplemental regulations in this Section regarding the placement of accessory utility facilities on public or private property. For purposes of this Section, "accessory utility facilities" shall mean such facilities, including pedestals, boxes, vaults, cabinets or other ground-mounted or below ground facilities, that directly serve the property or local area in which the facility is placed, are not primarily for transmission or distribution to other locations, do not materially alter the character of the neighborhood or area and otherwise are customarily found in such areas. Except where limited by other provisions of City ordinance, accessory utility facilities shall be subject to the following supplementary regulations:
Approval — design — location — application — notice. The design, location and nature of all accessory utility facilities on private or public property shall require approval of the City, which approval shall be considered in a non-discriminatory manner, in conformance with this Section and subject to reasonable permit conditions as may be necessary to meet the requirements of this Section. To that end, prior to any construction, excavation, installation, expansion or other work on any accessory utility facility, the facility owner shall apply to the City and submit detailed plans for the City's review and approval. Contemporaneous with such application, the facility owner shall provide notice to all private property owners within one hundred eighty-five (185) feet of the location of the proposed construction, excavation or other work. Notice shall include detailed description of the proposed work to be done, the exact location of proposed work and the anticipated time and duration of the proposed work. Notice shall be given at least five (5) business days prior to the commencement of any such work. In considering individual applications or multiple location applications, the City shall review the request to ensure the proposed facilities do not impair public safety, harm property values or significant sight lines or degrade the aesthetics of the adjoining properties or neighborhood and taking into consideration reasonable alternatives. Any material changes or extensions to such facilities or the construction of any additional structures shall be subject to the requirements and approvals as set forth herein. Unless otherwise prohibited, accessory utility facilities subject to this Subsection may be located in minimum setback areas provided that all other requirements are met. To the extent permitted by Section 67.2707.1(3) RSMo., the time, method, manner or location of facilities to be located in the rights-of-way may be established or conditioned by the City to protect the rights-of-way or to ensure public safety. An inspection fee shall be required as may be established by the City to reimburse the City for the costs of review and inspection of accessory utility facilities as may be permitted by applicable law.
General regulations. The following general regulations apply to all accessory utility facilities:
All such facilities shall be constructed and maintained in such a manner so as not to emit any unnecessary or intrusive noise.
All facilities shall be deemed abandoned after six (6) continuous months of non-use and shall therefore be removed within thirty (30) days thereafter at the cost of the facility owner. Land from which abandoned facilities are removed, whether private or public property, shall be restored within thirty (30) days of removal by the facility owner or have costs of such remedies charged to the facility owner. The facility owner shall restore the land using similar plantings or sod of the same type of grass immediately surrounding the land and shall replace all existing plantings damaged by the removal work with like plantings and shall replace all damaged existing grass areas with sod of the same type of grass as was damaged.
Unless otherwise restricted, utility poles for authorized above ground lines or facilities shall be permitted up to forty-five (45) feet in height, except for arterial roads where such poles shall be authorized on one (1) side of such roads up to sixty (60) feet in height, where utilities are not otherwise required to be placed underground; provided that such poles shall be no higher than necessary, maintained so as to avoid leaning from upright position and without use of guy wires crossing rights-of-way or pedestrian routes except where approved by the City as necessary due to the lack of feasible alternatives.
Accessory utility facilities placed in designated historic areas may be subject to additional requirements regarding the placement and appearance of facilities as may be necessary to reasonably avoid or reduce any negative impact of such placement.
Any damage to landscaping or vegetation on private or public property during installation or maintenance of facilities shall be remedied by the facility owner within thirty (30) days of such damage.
No facility may be located so as to interfere or be likely to interfere with any public facilities or use of public property.
All such facilities proposed to be located within the Historic Preservation Overlay District shall be required to obtain a certificate, of appropriateness in accordance with the provisions set forth in Chapter 410 of the City Code.
Residential districts. In residential districts and rights-of-way adjacent thereto, accessory utility facilities less than three and one-half (3.5) feet in height and covering less than eight (8) square feet in area may be installed above ground with the prior approval of the City. Except as otherwise may be authorized herein, any larger utility facility shall be installed underground or authorized to be installed above ground only by special use permit. All above ground facilities, where authorized, shall be placed in the rear yard wherever practical. If locating these facilities in the rear yard is not practical, then such facilities may be located in the side yard. Such facilities shall not be located in the front yard or within the public rights-of-way unless otherwise approved by the City upon a determination that all other alternatives are not feasible.
Non-residential districts. In non-residential districts and rights-of-way adjacent thereto, accessory utility facilities with a height of less than five (5) feet and covering less than sixteen (16) square feet in area may be installed above ground with the prior approval of the City. Except as otherwise may be authorized herein, any larger utility facility shall be installed underground or authorized to be installed above ground only by special use permit. All above ground facilities, where authorized, shall be placed in the rear yard wherever practical. If locating these facilities in the rear yard is not practical, then such facilities may be located in the side yard. Such facilities shall not be located in the front yard or within the public rights-of-way unless otherwise approved by the City upon a determination that all other alternatives are not feasible.
Landscape screening. A sightproof landscape screen shall be provided for all authorized above ground facilities taller than three (3) feet in height or covering in excess of four (4) square feet in area. Such screen shall be required to sufficiently conceal the facility. A landscape plan identifying the size and species of landscaping materials shall be submitted by the utility and approved by the City prior to installation of any facility requiring landscape screening. The utility shall be responsible for the installation, maintenance, repair or replacement of screening materials. Alternative screening or concealment may be approved by the City to the extent it meets or exceeds the purposes of these requirements. Facilities located in rear yards may be exempted from screening where located so as not to be visible from (1) any public property and (2) more than two (2) residential dwelling units. Any required screening shall be completed within the timeframe set forth in the permit required under this Section or not less than thirty (30) days from issuance of the permit, if not otherwise stated.
Compliance with other laws. All accessory utility facilities shall be subject to all other applicable regulations and standards as established as part of the City Code including, but not limited to, building codes, zoning requirements and rights-of-way management regulations in addition to the supplementary regulations herein. The provisions of this Section shall not apply to any circumstance or entity in which application under such circumstances is pre-empted or otherwise precluded by superseding law.
Editor's Note — The Height and Area Regulations table is included as an attachment to this chapter.
[Ord. No. 2345 §XV, 10-16-1979; Ord. No. 2397, 4-17-1984]
The district regulations hereinafter set forth in this Section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Chapter.
General area exceptions and modifications.
Minimum lot area and lot width requirements shall not apply to lots of record as of the effective date of this Chapter (see definition, Lot of Record).
No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed.
Where a lot or tract is used for farming or for a commercial or industrial purpose, more than one (1) main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.
In the event that a lot is to be occupied by a group of two (2) or more related buildings to be used for multiple dwelling, institutional, motel or hotel purposes, there may be more than one (1) main building on the lot; provided however, that the open spaces between buildings that are parallel or within forty-five degrees (45°) of being parallel shall have a minimum dimension of twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings and forty (40) feet for three- or four-story buildings.
Where an open space is more than fifty percent (50%) surrounded by a building, the minimum width of the open space shall be at least twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings and forty (40) feet for three- and four-story buildings.
Every part of a required yard shall be open to the sky, unobstructed by any structure, except for the projection of sills, belt course, cornices and ornaments and features which are not to exceed twelve (12) inches. The twelve (12) inch limitation shall apply to commercial and industrial property only.
Front yard exceptions and modifications.
Where lots have double frontage, the required front yard shall be provided on both streets.
An open, unenclosed porch or paved terrace may project into a front yard for a distance not to exceed ten (10) feet. An unenclosed vestibule containing not more than forty (40) square feet may project into a yard for a distance not to exceed four (4) feet.
The front yard heretofore established shall be adjusted in the following cases:
Where fifty percent (50%) or more of the frontage of the same side of a street between two (2) intersecting streets is developed with two (2) or more buildings that have (with a variation of five (5) feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing building nearest the street line.
Where forty percent (40%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with two (2) or more buildings that have a front yard of less depth than herein required, then:
Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent building on each side, or
Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one (1) side only, such building may be erected as close to the street as the existing adjacent building.
Side yard exceptions and modifications.
The required side yard on the street side of a corner lot shall be the same as the required front yard on such street, except that the building width shall not be reduced to less than thirty-two (32) feet and no accessory building shall project beyond the required front yard on either street.
For the purpose of side yard regulations, a two-family dwelling or a multiple-family dwelling shall be considered as one (1) building occupying one (1) lot.
No side yards are required where dwelling units are erected above commercial or industrial structures.
Terraces, uncovered porches, platforms and ornamental features which do not extend more than three (3) feet above the floor level of the ground story may project into a required yard, provided these projections be distant at least two (2) feet from the adjacent side lot line.
Whenever a lot at the effective date of this Chapter has a width of less than sixty (60) feet, the side yards may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than five (5) feet.
Rear yard exceptions and modifications. Open-lattice enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers and the ordinary projections of chimneys and flues into the rear yard may be permitted for a distance of not more than three and one half (3½) feet and where the same are so placed as not to obstruct light and ventilation.
Accessory building exceptions and modifications.
No accessory buildings shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used for dwelling purposes, other than by domestic servants employed entirely on the premises.
Accessory buildings may be built in a required rear yard but such accessory buildings shall not occupy more than thirty percent (30%) of a required rear yard and shall not be nearer than five (5) feet to any side or rear lot line, except that when a garage is entered from an alley, it shall not be located closer than ten (10) feet to the alley line. If a garage is located closer than ten (10) feet to the main building, the garage shall be regarded as part of the main building for the purposes of determining side and rear yards.
Height exceptions and modifications.
Public, semi-public or public-service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet if the building is set back from each yard line at least one (1) foot for each two (2) feet of additional building height above the height limit otherwise provided in the district in which the building is located.
Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, spires, wireless towers, grain elevators or necessary mechanical appurtenances are exempt from the height regulations as contained herein.
Front and rear yard exceptions and modifications. With respect to lots of record as of the effective date of Ord. No. 2345 (October 16, 1979) (see definition, Lot of Record) upon which was then and is now occupied by one (1) or more existing buildings as of that date, front yard and rear yard requirements shall not apply to additions or modifications to buildings that were in existence as of that date where the lot was of record as of that date and the lot has not been changed in dimensions since that date and where the buildings have not been substantially changed since the effective date of this Chapter. Nevertheless, those front yard and rear yard regulations shall apply unless waived by the Board of Aldermen at a regular meeting and after the proposed modification or addition has been reviewed by the Zoning Commission. Further, waiver of the front and rear yard exceptions requires a three-fourths (¾) majority vote of the Board of Aldermen to endorse the exception.
[Ord. No. 2345 §XVI, 10-16-1979]
No building shall be erected, enlarged to the extent of increasing the floor area by as much as fifty percent (50%) or changed in use unless there is provided on the lot space for the parking of automobiles or trucks in accordance with the following minimum requirements.
Bowling alley. Five (5) parking spaces for each alley.
Business, professional or public office building, studio, bank, medical or dental clinic. Three (3) parking spaces plus one (1) additional parking space for each four hundred (400) square feet of floor area over one thousand (1,000) square feet.
Church. One (1) parking space for each eight (8) seats in the main auditorium.
College or school. One (1) parking space for each eight (8) seats in the main auditorium or three (3) spaces for each classroom, whichever is greater.
Community center, library, museum or art gallery. Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet.
Dwellings. One (1) parking space for each dwelling unit.
Hospital, sanitarium, home for the aged or similar institutions. One (1) parking space for each four (4) beds.
Hotel. One (1) parking space for each three (3) sleeping rooms or suites plus one (1) for each two hundred (200) square feet of commercial floor area contained therein.
Motel. One (1) parking space for each sleeping room plus one (1) parking space for each two hundred (200) square feet of commercial floor area contained therein.
Mortuary or funeral home. One (1) parking space for each fifty (50) square feet of floor space in slumber rooms, parlors and individual funeral service rooms.
Private club or lodge. One (1) parking space for every ten (10) members.
Restaurant, nightclub, cafe or similar recreation or amusement establishment. One (1) parking space for each one hundred (100) square feet of floor area.
Retail store or personal service establishment. One (1) parking space for each two hundred (200) square feet of floor area.
Rooming Or Lodging Home Or Guest Lodging. One (1) parking space for each two (2) sleeping rooms.
[Ord. No. 3978 §5, 6-11-2015]
Sports arena, stadium or gymnasium (except school). One (1) parking space for each five (5) seats or seating spaces.
Theater or auditorium (except school). One (1) parking space for each five (5) seats or bench seating spaces.
Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse or similar establishment. One (1) parking space for every two (2) employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith.
[Ord. No. 2345 §XVII, 10-16-1979; Ord. No. 2363, 10-7-1981]
All vehicular use areas except those located on, under or within buildings and those serving single- and two-family dwellings shall conform to the minimum requirements hereinafter provided:
Before a building permit is issued for any type construction, other than single-family or two-family dwelling buildings, where off-street parking and open lot sales display and service areas are provided, a portion of such areas shall be given over to landscaping and natural plant growth as specified in items 6, 7 and 8 as follows.
Prior to the development of any vehicular use area, an application for a grounds permit shall be obtained from the Zoning Administrator. Issuance of the permit will be contingent upon the following:
Submission of a vehicular use plan. At the time of submittal of building plans, the developer shall submit to the Zoning Administrator three (3) copies of a combination site plan/planting plan hereafter referred to as vehicular use plan. At the time of submission of the plan, the applicant shall pay the City a filing fee of fifty dollars ($50.00). In zones where the proposed use requires special approval by the Board of Aldermen, such approval shall constitute authority for issuance of a grounds permit.
Review of the vehicular use plan. Within thirty (30) days of receipt of the plan, the Zoning Administrator shall submit said plan to the Planning and Zoning Commission for its review and recommendation. If the vehicular use plan is found to be in compliance with the requirements of this Section, a grounds permit shall be issued. During this review phase, the Planning and Zoning Commission may establish conditions for approval of the vehicular use plan. In no case shall the Planning and Zoning Commission impose landscape standards over and above the following maximum criteria:
Upon completion of site improvements, the Zoning Administrator shall inspect the vehicular use area for compliance with the approved vehicular use plan and other requirements of this Section.
Landscaped areas, walls, structures and walks shall require protection from vehicular encroachment through appropriate wheel stops or curbs.
The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris.
The exterior (property line) perimeters of all vehicular use areas shall be landscaped with a buffer strip which averages at least three (3) feet in width. The landscape strip shall be improved with grass, ground cover, shrubs or other landscape treatment excluding paving, sand or gravel. Exceptions from these perimeter landscaping requirements are as follows:
When abutting public street right-of-way. Necessary accessways from the public street right-of-way shall be permitted to service the vehicular use areas.
When adjacent to a public alley. Landscape requirements for abutting vehicular use areas shall be determined by the Zoning Administrator and shall be based on existing use and treatment of surrounding property, except where authority for such determination is with the Board of Aldermen or the Zoning Board of Adjustment.
An area or a combination of areas equal to ten percent (10%) of the total vehicular use area, exclusive of perimeter landscape buffers, shall be devoted to interior lot landscaping. When the vehicular use area is related to a structure or structures on the same parcel of land, any landscaping on said parcel which serves to beautify the entire parcel of land may be counted toward meeting the interior landscaping requirement. Planters shall be located to most effectively relieve the monotony of large expanses of paving and contribute to the orderly circulation of traffic.
When an accessway intersects a public right-of-way or other accessways, or when the property abuts the intersection of two (2) or more public rights-of-way, all landscaping within the triangular area referred to as the "cross-visibility area" shall provide unobstructed cross visibility at a level of between three (3) and six (6) feet. Trees having over six (6) feet of clear trunk with limbs and foliage trimmed in such a manner so as not to extend into the cross-visibility area shall be permitted in such area, provided they in no way create a traffic hazard.
In instance where healthy plant material exists on a site prior to development, in whole or in part, for purposes of off-street parking or other vehicular use areas, the Zoning Administrator may adjust the application to allow credit for such plant material. Any removal of existing trees may be accomplished with approval of the Planning and Zoning Commission during site plan review.
Adequate surface and subsurface drainageways for the removal of stormwater from vehicular use areas shall be provided whenever available evidence indicates that such a system is necessary as the result of natural surface drainage. Such systems shall be separate and independent of the sanitary sewer system and have adequate surface inlets.
The extent to which storm drainage structures shall be required shall be based on an analysis of need as determined by an engineer or similar official during preliminary consideration of the vehicular use plan.
In the absence of a storm sewer system and curbing, a water retarding grass shall be planted in the exterior perimeters of the vehicular use area.
Any person proposing to locate a structure or a use within one hundred (100) feet of any stream or main drainage ditch located within any portion of the City's 100-year floodplain, as identified by the Federal Insurance Administration through a scientific and engineering report entitled Flood Insurance Study of the City of Ste. Genevieve, Missouri, shall include as a part of the vehicular use plan a statement by a registered professional engineer or similar official that the development will not be in conflict with the floodplain management regulations of the City of Ste. Genevieve and based on a study of the floodway, watershed area and probably runoff, the structure or use in the location proposed will leave adequate space for the flow of flood water and that no structure or use within the 100-year floodplain shall be located within the floodway or within seventy-five (75) feet of the top of the bank of any stream or main drainage ditch, whichever setback from the main stream channel is greater.
In areas outside the City's designated 100-year floodplain, a water retarding grass shall be planted along any stream or open main drainage ditch in an area extending a minimum of fifteen (15) feet from the top of the bank of any stream or main drainage ditch to a proposed vehicular use area. In cases in which the vehicular use area is adjacent to or abuts a stream or main drainage ditch, the required three (3) foot perimeter for vehicular use areas may be included as a part of the fifteen (15) foot setback from the stream or main drainage ditch.
On corner lots, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two (2) feet and eight (8) feet above curb grade within the triangular area formed by an imaginary line that follows street pavement edges and a line connecting them twenty-five (25) feet from their point of intersection. This sight triangle standard may be increased, by the City Engineer, when deemed necessary for traffic safety.
[Ord. No. 2345 §XVIII, 10-16-1979; Ord. No. 3815 §1, 7-26-2012]
Subject to the provisions of this Section, the Board of Aldermen of the City of Ste. Genevieve may, after public hearing before the Board of Aldermen and after study and report by the City Planning and Zoning Commission, authorize special uses in any district as herein qualified from which the uses are otherwise prohibited based on whether such building or use will:
If the Board's findings should be negative to the above, then the application may be granted; if affirmative as to any subject, then such permit shall be denied. In the granting of a special use permit, the Board of Aldermen may impose, and the Planning and Zoning Commission may recommend, appropriate conditions and safeguards as may be deemed necessary to ensure compliance with the requirements of the zoning ordinance and to protect adjacent property and conserve property values.
Applications for special use permits shall be made and processed in the same manner as provided for zoning amendments in Section 405.230.
The following special uses are authorized providing they comply with all the regulations set forth in this Chapter for the district in which such use is located, except that the Board of Aldermen may permit hospitals and institutions to exceed the height limitations of such district:
Cemetery or mausoleum.
Greenhouse or nursery.
Airports or landing field or strip for aircraft.
Any "R-2" use in a "MH" District.
Two-family dwellings in a "R-1" District.
Single mobile homes in "A" Agricultural Districts.
Private educational institutions.
Drive-in restaurant or theater in "C-1", "C-2" or "I-1" Districts.
Filling stations in an "A", "R-1" or "R-2" District.
Commercial, recreational or amusement development for temporary or seasonal periods.
Commercial radio tower or broadcasting station.
Sanitary fill for the disposal of garbage or trash.
Hospitals and institutions of an educational, religious, charitable or philanthropic nature and criminal, mental or animal hospitals, subject to restrictions specified in the district regulations.
Removal of gravel, topsoil or similar natural materials with safeguards for the protection of adjoining property and the community as a whole.
Parking lots on land in "R" Districts within three hundred (300) feet from the boundary of any "C" or "I" District or directly associated with an existing commercial or industrial use, provided the following standards are met:
Ingress and egress to such lot shall be from a street directly serving the commercial, business or industrial district.
No business involving the repair or service of vehicles or sale or display thereof shall be conducted from upon such parking areas.
No structures shall be erected on the parking area except as provided for under item (g) hereof.
No sign shall be erected on the parking area except as approved by the Board of Aldermen.
Parking areas shall be used for parking patrons, private passenger vehicles only and no charge shall be made for parking within such premises.
The parking shall be set back in conformity with the established or required yards for residential uses and, where a parking area adjoins a dwelling use, it shall have a minimum side yard of ten (10) feet.
The parking area shall be suitably screened or fenced, paved and drained, lighted and maintained free of debris.
Any "C" District use in a "R-2" District or "I-2" District.
Customary home occupations in a "R-1" District.
Medical clinic or office in a "R-2" District.
Replacement of a non-conforming mobile home or trailer, in any district other than a Mobile Home Park District, with a new or improved model mobile home or trailer; provided that the replacement shall be completed within six (6) months of the issuance of a permit therefor and subject to any additional restrictions imposed by the Board of Aldermen, after review and report by the Planning and Zoning Commission and the required public hearing.
All uses by which special use permits are required by other Sections of this Chapter.
Subject to the additional restrictions enumerated below, the Board of Aldermen may allow a light industrial use as permitted in the "I-1" Light Industrial Districts in any "C-1" General Commercial District:
The use shall be permitted only in an existing building that was constructed at least two (2) years prior to the application for special use permit.
No structural alterations to or expansion of the existing building shall be permitted, with the exception that structural alterations to improve the safety of the work area may be allowed.
Any use permitted shall not be noxious or offensive by reason of the emission of smoke, dust, fumes, gas, odors, noise or vibrations beyond the confines of the building.
No products, materials or supplies or wastes shall be stored or permitted to remain on any part of the property outside the building.
All applicable provisions of Section 405.170, Off-Street Parking Regulations, applicable to the use permitted shall be complied with and all off-street parking shall be in side or rear yards only.
The special use permit allowed under this Section shall be issued to the specific use and owner identified in the application for the special use permit and shall not be transferable to any other use of the same or similar or different type. Changes in ownership of the use specified in the permit may be allowed, subject to notification of the Board of Aldermen of such change and the Board's approval of the continuance of the special use permit under the new ownership.
The owner of any use permitted under this Subsection shall annually, in writing, report to the Zoning Administrator on the anniversary date of the issuance of the special use permit. This report shall specifically note the number of persons employed at the permitted location by month and the types of products and services produced during the prior year. The Zoning Administrator shall then inspect the use and property and report to the Board of Aldermen regarding the compliance of the use with the terms of the special use permit issued hereunder. In the event that the conditions are not met under this Subsection, a recision of the permitted use will occur.
[Ord. No. 4044 §2, 6-23-2016]
Community unit plan. The owner of any tract of land may request a special use permit for the use and development of such tract for residential or for residential in combination with shopping center uses as set forth in the regulations for planning commercial districts in this Chapter. The development plan shall be referred to the Planning and Zoning Commission for study and report. Approval shall be conditioned upon specific findings that the proposed community unit plan meets the following conditions:
The proposed development of any "C-3" Planned Commercial District included as a part of the plan complies with the regulations for those districts as set forth in Section 405.100 of this Chapter.
The buildings, other than those located within a "C-3" District, located in the area shall be used only for one-family dwellings, two-family dwellings or multiple-family dwellings and the usual accessory uses such as private or parking garages, storage space and for communities activities, including churches and schools.
The average lot area per family contained in the site, exclusive of the area occupied by the "C-3" District or by streets, will not be less than the lot area per family required in the district in which the development is located.
That the area is adaptable to complete community development, being bounded by major thoroughfares, streets, railroads or other external barriers and insofar as possible without a major thoroughfare extending through the project or any other physical feature which would tend to impair the neighborhood or community cohesiveness.
No more that twenty-five percent (25%) of the gross area of the project be devoted to a "C-3" District and that no more than fifty percent (50%) of the gross area of the project located in a single-family district be devoted to multiple-family dwellings.
Sufficient area is reserved for recreational and educational facilities to meet the needs of the anticipated population or as designated in the Comprehensive Plan.
Property adjacent to the area included in the plan will not be adversely affected and to this end, the Board of Aldermen may require, in the absence of any appropriate physical barrier, that uses of least intensity or a buffer of open space or screening be arranged along the borders of the project.
The plan is consistent with the intent and purposes of this Chapter to promote public health, safety, morals and general welfare.
If the Board of Aldermen approves the plans, building permits may be issued, even though the use of the land and the location and height of buildings to be erected in the area and the yards and open space contemplated by the plan do not conform in all respects to the district regulations of the district in which it is located.
An application for a special use permit under this Section may be made and processed contemporaneously with a proposed amendment of the district in which such site lies.
A special use permit shall automatically expire upon failure to develop the use of the land for which the special use permit has been issued if the use is not basically developed within one (1) year after the permit has been issued.
In the event the use of the land for which the special use permit has been issued is discontinued for a period of one (1) year, then the special use permit shall automatically expire.
If a special use permit is issued for a commercial use, and such use requires the owner/operator to have a license from the City, State or Federal Government, possession of a valid license from the appropriate issuing agency shall be a condition of the permit.