[Ord. No. 3891, 1-24-2019[1]]
A.
Purpose. This Section contains the regulations for the "BP-1" Business
Park District (hereinafter "BP-1" District). The purpose of the "BP-1"
District is to provide for a mix of office, retail, and service uses
in business park setting. Because portions of the "BP-1" District
are adjacent to residential areas, the District provides for appropriate
small-scale uses that complement and provide a buffer to the residential
area. These regulations are supplemented and qualified by additional
regulations appearing elsewhere in this Title.
D.
District Regulations. The "BP-1" District shall be a minimum of eight
(8) contiguous acres.
E.
Lot Regulations.
2.
Buffer Area. Each lot shall have landscaped buffer areas of not less than thirty (30) feet from the front lot line(s) and fifteen (15) feet from the side and rear lot lines. Parking lots may encroach the required setbacks provided in Subsections (E)(1)(a — c) above, but shall not encroach the required landscaped buffer areas provided herein.
3.
Intensity Of Use. Maximum lot coverage of the principal building(s)
shall not exceed sixty-five percent (65%) of the lot area.
4.
Lot Area. The minimum lot area shall be two and three-tenths
(2.3) of an acre or one hundred thousand (100,000) square feet, with
a minimum width of two hundred (200) feet at the required building
line.
5.
Number Of Buildings Per Lot. More than one (1) principal building
may be located on a lot provided all other regulations related to
the lot and use of the lot are met.
F.
Building Regulations.
1.
Building Height. The maximum building height shall not exceed
fifty (50) feet. Additional building height may be granted by Special
Use Permit.
2.
Building Size. Each principal building shall have a minimum
primary floor area of twenty-five thousand (25,000) square feet.
3.
Exterior Building Materials.
a.
Primary Building Materials.
(1)
Allowable primary building materials are brick
and other brick-like masonry, architecturally designed metal panels,
glass, or architectural pre-cast concrete.
(2)
Exterior Insulation Finishing Systems (EIFS) is
an allowable primary building material subject to the maximum EIFS
surface not exceeding fifty percent (50%) of any wall, excluding windows
and doors. EIFS material shall be located a minimum of three (3) feet
above grade.
(3)
Primary building materials shall have a predominantly
warm, earthtone appearance.
[1]
Editor's Note: Former Sections 475.010 through 475.060,
were repealed and replaced with new material 1-24-2019 by Ord. No.
3891. Additionally the title of this chapter was changed from "Business
Zoning Districts" to "Business Park Districts."
[Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulations for the "BP-2" Business
Park District (hereinafter "BP-2" District). The purpose of the "BP-2"
District is to provide a mix of office and light industrial uses with
service and convenience uses in a business park setting. These regulations
are supplemented and qualified by additional regulations appearing
elsewhere in this Title.
D.
District Regulations. The "BP-2" District shall be a minimum of twenty
(20) contiguous acres.
E.
Lot Regulations.
2.
Buffer Area. Each lot shall have landscaped buffer areas of not less than thirty (30) feet from the front lot line(s) and fifteen (15) feet from the side and rear lot lines. Parking lots may encroach the required setbacks provided in Subsections (E)(1)(a — c) above, but shall not encroach the required landscaped buffer areas provided herein.
3.
Intensity Of Use. Maximum lot coverage of the principal building(s)
shall not exceed sixty-five percent (65%) of the lot area.
4.
Lot Area. The minimum lot area shall be two and three-tenths
(2.3) of an acre or one hundred thousand (100,000) square feet, with
a minimum width of two hundred (200) feet at the required building
line.
5.
Number Of Buildings Per Lot. More than one (1) principal building
may be located on a lot provided all other regulations related to
the lot and use of the lot are met.
F.
Building Regulations.
1.
Building Height. The maximum building height shall not exceed
fifty (50) feet. Additional building height may be granted by Special
Use Permit.
2.
Building Size. Each principal building shall have minimum primary
floor area of twenty-five thousand (25,000) square feet.
3.
Exterior Building Materials.
a.
Primary Building Materials.
(1)
Allowable primary building materials are brick
and other brick-like masonry, architecturally designed metal panels,
glass, or architectural pre-cast concrete.
(2)
Exterior Insulation Finishing Systems (EIFS) is
an allowable primary building material subject to the maximum EIFS
surface not exceeding fifty percent (50%) of any wall, excluding windows
and doors. EIFS material shall be located a minimum of three (3) feet
above grade.
(3)
Primary building materials shall have a predominantly
warm, earthtone appearance.
[Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulations for the "BP-3" Business
Park District (hereinafter "BP-3" District). The purpose of the "BP-3"
District is to provide a mix of office, light industrial, retail,
and service uses in a business park setting. Because portions of the
"BP-3" District are adjacent to residential areas, the District provides
for appropriate small-scale uses that complement and provide a buffer
to the residential area, regulations are supplemented and qualified
by additional regulations appearing elsewhere in this Title.
D.
District Regulations. The "BP-3" District shall be a minimum of six
(6) contiguous acres.
E.
Lot Regulations.
1.
Setbacks.
a.
Front Setback. Each lot shall have a minimum fifty (50) foot
front setback.
b.
Side Setback. Each lot shall have a minimum fifteen (15) foot
side setback. Furthermore, any side lot line adjoining any residentially
zoned property shall have an additional side setback of five (5) feet
for each one (1) foot of building height in excess of fifteen (15)
feet; said setback being determined by the wall facing the lot line.
(Note: For comparative purposes, a thirty (30) foot high building
subject to the above provision would be set back ninety (90) feet
from any adjoining residential lot line.)
c.
Rear Setback. Each lot shall have a minimum fifteen (15) foot
rear setback. Furthermore, any rear lot line adjoining any residentially
zoned property shall have an additional rear setback of five (5) feet
for each one (1) foot of building height in excess of fifteen (15)
feet; said setback being determined by the wall facing the lot line.
(Note: For comparative purposes, a thirty (30) foot high building
subject to the above provision would be set back ninety (90) feet
from any adjoining residential lot line.)
2.
Buffer Area.
a.
Each lot shall have landscaped buffer areas of not less than thirty (30) feet from the front lot line(s) and fifteen (15) feet from the side and rear lot lines. Parking lots may encroach the required setbacks provided in Subsections (E)(1)(a — c) above, but shall not encroach the required landscaped buffer areas area provided herein. Expanded parking and/or drive aisles with a reduced buffer area of a minimum of fifteen (15) feet from the front lot line and/or ten (10) feet from any side or rear lot line may be granted by Special Use Permit.
b.
Notwithstanding the above, any portion of a side or rear lot
line abutting a residentially zoned property shall have a minimum
twenty-five (25) foot wide buffer area, or more if deemed necessary
by the City under Site Plan Review, extending the length of the adjacent
lot. Said area shall be planted with trees and shrubs to provide a
dense screen at maturity, throughout the year, as approved by the
City under Site Plan Review. No parking areas or accessory uses will
be allowed in the landscaped buffer areas.
3.
Intensity Of Use. Maximum lot coverage of the principal building(s)
shall not exceed sixty-five percent (65%) of the lot area.
4.
Lot Area. The minimum lot area shall be one (1) acre or forty-three
thousand five hundred sixty (43,560) square feet, with a minimum width
of one hundred fifty (150) feet at the required building line.
5.
Number Of Buildings Per Lot. More than one (1) principal building
may be located on a lot provided all other regulations related to
the lot and use of the lot are met.
F.
Building Regulations.
1.
Building Height. The maximum building height shall not exceed
fifty (50) feet. Additional height may be granted by Special Use Permit.
2.
Building Size. The primary floor area shall be a maximum of
fifty thousand (50,000) square feet. Primary floor area greater than
fifty thousand (50,000) square feet may be granted by a Special Use
Permit subject to the following:
a.
Such structure must otherwise comply with the maximum lot coverage.
b.
All required setbacks, buffer areas, and parking requirements
shall be complied with.
c.
The maximum primary floor area shall not exceed seventy-five
thousand (75,000) square feet.
d.
A buffer area of not less than fifty (50) feet width shall be
provided along any lot line adjacent to a residentially zoned property.
Said buffer area must include a combination of evergreen and deciduous
trees, shrubs, and berms to reasonably mitigate the view from the
adjacent residentially zoned property.
e.
No loading docks or tractor-trailer dock maneuvering areas shall
be directly exposed to any adjacent residentially zoned property.
Where necessary, screen walls constructed of materials in compliance
with provisions of the "BP-3" District may be provided.
3.
Exterior Building Materials.
a.
Primary Building Materials.
(1)
Allowable primary building materials are brick
and other brick-like masonry, architecturally designed metal panels,
glass, or architectural pre-cast concrete.
(2)
Exterior Insulation Finishing Systems (EIFS) is
an allowable primary building material subject to the maximum EIFS
surface not exceeding fifty percent (50%) of any wall, excluding windows
and doors. EIFS material shall be located a minimum of three (3) feet
above grade.
(3)
Primary building materials shall have a predominantly
warm, earthtone appearance.
[Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulations for the "CP-1" Commercial
Park District (hereinafter "CP-1" District). Due to the District's
location to Interstate 44, the purpose of the "CP-1" District is to
provide for a mix of offices, retail, service, and convenience uses
in a business park setting. These regulations are supplemented and
qualified by additional regulations appearing elsewhere in this Title.
D.
District Regulations. The "CP-1" District shall be a minimum of six
(6) contiguous acres.
E.
Lot Regulations.
2.
Buffer Area. Each lot shall have landscaped buffer areas of not less than thirty (30) feet from the front lot line(s) and fifteen (15) feet from the side and rear lot lines. Parking lots may encroach the required setbacks provided in Subsections (E)(1)(a — c) above, but shall not encroach the required landscaped buffer areas provided herein.
3.
Intensity Of Use. Maximum lot coverage of the principal building(s)
shall not exceed sixty-five percent (65%) of the lot area.
4.
Lot Area. The minimum lot area shall be two (2) acres or one
hundred thousand (100,000) square feet, with a minimum width of one
hundred fifty (150) feet at the required building line.
5.
Number Of Buildings Per Lot. More than one (1) principal building
may be located on a lot provided all other regulations related to
the lot and use of the lot are met.
F.
Building Height And Building Size.
1.
Building Height. The maximum building height shall not exceed
fifty (50) feet. Additional building height may be granted by Special
Use Permit.
2.
Building Size. Each principal building shall have a minimum
primary floor area of two thousand five hundred (2,500) square feet.
3.
Exterior building design and materials.
a.
Primary Building Materials.
(1)
Allowable primary building materials are brick
and other brick-like masonry, architecturally designed metal panels,
glass, or architectural pre-cast concrete.
(2)
Exterior Insulation Finishing Systems (EIFS) is
an allowable primary building material subject to the maximum EIFS
surface not exceeding fifty percent (50%) of any wall, excluding windows
and doors. EIFS material shall be located a minimum of three (3) feet
above grade.
(3)
Primary building materials shall have a predominantly
warm, earthtone appearance.
[Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulations for the "HP-1" Hospitality
Park District (hereinafter "HP-1" District). Due to the District's
location to Interstate 44, the purpose of the "HP-1" District is to
provide a variety of hospitality uses, such as hotels, restaurants,
convenience uses, and entertainment establishments, in a business
park setting. These regulations are supplemented and qualified by
additional regulations appearing elsewhere in this Title.
D.
District Regulations. The "HP-1" District shall be a minimum of eight
(8) contiguous acres.
E.
Lot Regulations.
2.
Buffer Area. Each lot shall have landscaped buffer areas of not less than thirty (30) feet from the front lot line(s) and fifteen (15) feet from the side and rear lot lines. Parking lots may encroach the required front setback provided in Subsection (E)(1)(a) above but shall not encroach the required landscaped buffer areas provided herein.
3.
Intensity Of Use. Maximum lot coverage of the principal building(s)
shall not exceed sixty-five percent (65%) of the lot area.
4.
Lot Area. The minimum lot area shall be one (1) acre or forty-three
thousand five hundred sixty (43,560) square feet, with a minimum width
of one hundred fifty (150) feet at the required building line.
5.
Number Of Buildings Per Lot. More than one (1) principal building
may be located on a lot provided all other regulations related to
the lot and use of the lot are met.
F.
Building Regulations.
1.
Building Height. The maximum building height shall not exceed
fifty (50) feet. Additional building height may be granted by Special
Use Permit.
2.
Building Size. Each principal structure shall have a minimum
primary floor area of four thousand (4,000) square feet.
3.
Exterior Building Materials.
a.
Primary building materials.
(1)
Allowable primary building materials are brick
and other brick-like masonry, architecturally designed metal panels,
glass, or architectural pre-cast concrete.
(2)
Exterior Insulation Finishing Systems (EIFS) is
an allowable primary building material subject to the maximum EIFS
surface not exceeding fifty percent (50%) of any wall, excluding windows
and doors. EIFS material shall be located a minimum of three (3) feet
above grade.
(3)
Primary building materials shall have a predominantly
warm, earthtone appearance.
c.
Exceptions.
(1)
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.
[Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulations for the "IP-1" Industrial
Park District (hereinafter "IP-1" District). Due to the District's
location to Interstate 44 and the railway system, the purpose of the
"IP-1" District is to provide a variety of light and heavy industrial,
highway-related businesses. These regulations are supplemented and
qualified by additional regulations appearing elsewhere in this Title.
D.
District Regulations. The "IP-1" District shall be a minimum of twenty
(20) contiguous acres.
E.
Lot Regulations.
2.
Buffer Area. Each lot shall have landscaped buffer areas of not less than twenty (20) feet from the front lot line(s) and ten (10) feet from the side and rear lot lines. Parking lots may encroach the required setbacks provided in Subsections (E)(1)(a — c) above, but shall not encroach the required landscaped buffer areas provided herein.
3.
Intensity Of Use. Maximum lot coverage of the principal building(s)
shall not exceed seventy-five percent (75%) of lot area.
4.
Lot Area. The minimum lot area shall be two (2) acres.
5.
Number Of Buildings Per Lot. More than one (1) principal building
may be located on a lot provided all other regulations related to
the lot and use of the lot are met.
F.
Building Regulations.
1.
Building Height. The maximum building height shall not exceed
fifty (50) feet. Additional building height may be granted by Special
Use Permit.
2.
(Reserved.)
3.
Exterior Building Materials.
a.
Primary Building Materials.
(1)
Allowable primary building materials are brick
and other brick-like masonry, architecturally designed metal panels,
glass, or architectural pre-cast concrete.
(2)
Exterior Insulation Finishing Systems (EIFS) is
an allowable primary building material subject to the maximum EIFS
surface not exceeding fifty percent (50%) of any wall, excluding windows
and doors. EIFS material shall be located a minimum of three (3) feet
above grade.
(3)
Primary building materials shall have a predominantly
warm, earthtone appearance.
[Ord. No. 3875, 11-19-2018[1]]
A.
Purpose. This Section contains the regulations and procedures of
the "BP-4" Planned Business Park District (hereinafter "BP-4" District).
It is the purpose of the "BP-4" District to facilitate the establishment
of combinations of development and uses in a planned environment for
which no provision is made in any single "BP" Business Park District
and to encourage a creative approach to the use of land and affiliated
physical facilities that results in a better development and design
under conditions of approved site and development plans. Furthermore,
the "BP-4" District is intended for varying intensity business and
associated retail services of high quality that can justify the amenities
and high level of performance standards governing development in a
planned business park setting. These regulations are supplemented
and qualified by additional regulations appearing elsewhere in this
Title.
B.
Establishment Of A "BP-4" District.
1.
A "BP-4" District may be established on a tract of land in a
single ownership or management control provided that:
a.
An application for a change of zoning and a concept plan (hereinafter
"Concept Plan") is approved by the Board.
b.
A Site Development Plan in compliance with the conditions for
rezoning and Concept Plan approved by the Board is submitted to Commission
and Board for approval and recorded with the St. Louis County Recorder
of Deeds.
c.
The schedule of construction is complied with in accordance
with the approved rezoning ordinance and/or Site Development Plan
approval.
2.
A "BP-4" District may be established by the Board in the same
manner that other Zoning Districts are established where the Board
determines that any particular tract or areas should be developed
accordingly, but because of possible conflicts with adjoining uses,
more development control is necessary to protect the general welfare
than is possible under the regulations of the "BP-1," "BP-2" and "BP-3"
Business Park Districts.
3.
The minimum tract or combined property area to establish a "BP-4"
District shall be three (3) contiguous acres unless said property
adjoins a "BP-4" District. For property adjoining an existing "BP-4"
District, the minimum area is one (1) contiguous acre.
C.
Permitted Uses And Uses Allowed By Special Use Permit. Permitted
Uses and Uses allowed by Special Use Permit in the "BP-4" District
shall be established in the conditions of the rezoning ordinance governing
the District. Specific uses may include those designated Permitted
Uses and by Uses allowed by Special Use Permit in any "BP" Business
Park District, except not more than fifty percent (50%) of the gross
floor area of any building may be used for warehouse.
D.
Lot Regulations.
1.
Setbacks And Buffer Areas.
a.
Front Setback And Buffer Area. Each lot shall have a minimum
fifty (50) foot front setback with a landscaped buffer area of not
less than thirty (30) feet from the front lot line(s). Parking lots
may encroach the established front setback but shall not encroach
the required landscaped buffer area provided herein.
b.
Side And Rear Setbacks. Except as otherwise required in this
Section, all required side and rear setbacks and buffer areas shall
be as approved on the recorded Concept Plan or rezoning ordinance.
Parking lots may encroach the established side and rear setbacks but
shall not encroach the established landscaped buffer area.
c.
Exceptions. The required setbacks and buffer areas along the
lot line of all lots adjacent to another zoning district shall not
be less than such requirement for the abutting property. Where a lot
abuts more than one (1) other zoning district, the most restrictive
shall apply.
2.
Intensity Of Use. Maximum lot coverage of the principal building(s)
shall not exceed fifty percent (50%) of the lot area.
3.
Lot Area. The minimum lot area shall be one (1) acre, with a
minimum lot width of two hundred (200) feet at the required building
line.
4.
Number Of Buildings Per Lot. More than one (1) principal building
may be located on a lot provided all setbacks and parking requirements
are met.
F.
Procedure For Establishment Of "BP-4" District. In order to establish
a "BP-4" District to utilize land in an established "BP-4" District,
the procedure shall be as follows:
1.
Application. The owner or owners of record or owners under contract
of a lot or tract of land or their authorized representatives shall
petition the Board on forms prescribed for this purpose by the Director.
These forms are to be submitted to the Community Development Department
and accompanied by the following:
b.
Legal description of the property;
c.
Outboundary plat of the property;
d.
Preliminary site plan in compliance with Section 470.070;
e.
Concept Plan identifying the general location of streets, utilities,
and other proposed infrastructure and the general location of the
proposed uses of the District;
f.
Description/list of proposed uses; and
g.
Any additional information reasonably required by the Director
to determine compliance with the requirements herein.
2.
When approving the change of zoning and Concept Plan, the Commission shall recommend and the Board shall establish within the governing ordinance the permitted uses and uses allowed by Special Use Permit for the proposed "BP-4" District, required infrastructure and rules related to the same, open space requirements, required setbacks, landscape buffers, building heights and materials, lot size and coverage requirements, density requirements, and other conditions and requirements to meet the requirements of this Section. All other provisions and procedures for a change of zoning of Section 420.030 (Procedures for a Change in Zoning) shall apply.
3.
Site Development Plans.
a.
After passage of the rezoning ordinance and approval of the
Concept Plan by the Board the developer shall proceed with submitting
a Site Development Plan. A Site Development Plan can either be presented
for the entire "BP-4" District or the developer can proceed to construct
the District in phases and submit multiple Site Development Plans.
No building permits or authorization for improvement or development
for any use requested under provisions of this Section shall be issued
prior to approval of such Plans.
b.
Site Development Plans Shall Be Submitted To Director For Review.
These plans shall contain the minimum requirements established in
the conditions of the ordinance governing the "BP-4" District and,
further, shall comply with the applicable provisions of the Subdivision
Ordinance and other City ordinances. If the Director finds the Plan(s)
to be in substantial compliance with the zoning ordinance, the approved
Concept Plan, and this Section ("Applicable Authority"), the Director
shall forward to the Commission for review and recommendation. For
purposes of this Section, "substantial compliance" shall mean a level
of compliance with the requirements of the Applicable Authority such
that any identified inconsistencies do not allow a lesser amount of
performance on behalf of the Developer nor impose a greater burden
or risk upon the City or its citizens than that of the Applicable
Authority. Specifically, the Director must determine that:
(1)
Development density and intensity have not materially
changed such that density of any use exceeds the permitted density
of that use, or the permitted height of the buildings;
(2)
Design has not materially changed, in that the
roadway patterns, particularly ingress egress points, are in the same
general location as shown on the Concept Plan, landscaped open space
is in the same general location, is of the same or greater amount,
or the proposed changes do not have the effect of creating any non-compliance
or non-conformity with the strict application of the Zoning Code that
were not previously approved at public hearing, or of expanding the
scope of existing variances, alternative site development, options,
or other approvals pursuant to alternative development standards such
that they would differ to a greater degree from the strict application
of the Zoning Code; and
(3)
Uses have not changed to include uses not approved
by the Applicable Authority.
c.
The Commission shall review the Site Development Plan for compliance
with the Applicable Authority and make a recommendation to the Board.
The Board may approve, approve with conditions, or deny the Site Development
Plan in accordance with the Applicable Authority. Within sixty (60)
days of approval by the Board, the Site Development Plan(s) shall
be recorded with the St. Louis County Recorder of Deeds by the developer
at its cost and thereby authorize development as depicted thereon.
Failure to record such Plan within the required time frame shall result
in the Site Development Plan becoming null and void.
4.
Guarantee Of Improvements. Unless otherwise provided for in
the conditions of the ordinance governing a "BP-4" District, no building
permits or permits authorizing the occupancy or use of any building,
facility, commercial establishment or structure may be used or occupied
until required related off-site improvements are constructed or a
performance bond, escrow, or other acceptable instrument is posted
covering their estimated cost as determined by the Director. This
requirement shall not apply to foundation permits or permits necessary
for the installation of required related off-site improvements. Required
related off-site improvements shall include, but not be limited to,
streets, sidewalks, sanitary and storm sewers, streetlights, and street
trees. If a "BP-4" District is developed in phases, the requirement
shall also apply to all major improvements necessary to the proper
operation and function of the phase in question, even though such
improvements may be located outside of the phase in question.
5.
To Amend The Rezoning Ordinance Or Concept Plan. Amendment to
the Concept Plan or conditions or terms of the rezoning ordinance
shall proceed through the same procedure for approval of the original
Concept Plan and rezoning ordinance.
6.
To Amend The Recorded Site Development Plans.
a.
The property owner or authorized representative shall submit
an amended Site Development Plan to the Director for review. The Director
shall then evaluate the request for consistency in purpose and content
with the nature of the approved Concept Plan, rezoning ordinance,
and original Site Development Plan.
b.
If the Director determines that the proposed amendment to the
Site Development Plan is major in nature and is not in conflict with
the approved Concept Plan and meets all conditions of the "BP-4" District
ordinance, said Plan shall be reviewed by the Commission and forwarded
to the Board for approval. If approved, said amended Plan shall be
recorded with the St. Louis County Recorder of Deeds by the developer
at its cost within sixty (60) days of review and report by the Commission
and approval by the Board. Failure to record within the prescribed
timeline shall result in the approval of the amendment being null
and void.
c.
If the Director determines that the proposed amendment to the
Site Development Plan is minor in nature and is not in conflict with
the original proposal as advertised and the Concept Plan and meets
all conditions of the "BP-4" District ordinance, the Director may
administratively approve such amendment. Said amended Plan shall be
retained on file by the Community Development Department and shall
be recorded with the St. Louis County Recorder of Deeds by the developer
at its cost within sixty (60) days of approval by the Director. Failure
to record within the prescribed timeline shall result in the approval
of the amendment being null and void.
d.
If the Director determines that the proposed amendment to the
Site Development Plan is not consistent in purpose and content of
the rezoning ordinance or with the Concept Plan approved by the Board,
the Director shall so report to the applicant and the Commission.
The Commission shall then review the amended Site Development Plan
and make a recommendation to the Board for final determination.
7.
Appeals. The developer/petitioner may appeal a decision by the Director. The petitioner shall have a fifteen-day period in which to file a written appeal and plan with the Commission. The written appeal, stating the reasons for the appeal, shall be submitted to the Department. The Commission will make a final determination of the matter. No exceptions will be granted that are in violation of the particular ordinance governing the Site Development Plan. Such final determination by the Commission is subject to the appeal procedures of Chapter 160. To the fullest extent permitted by law, such review procedures shall be exhausted before any action may be filed in any court against the City or its officers, employees, boards, officials, or commissions.
8.
Failure To Commence Construction.
a.
Unless otherwise determined by the Board in the rezoning ordinance,
the Board shall consider the "BP-4" District development subject to
revocation if substantial construction fails to commence within one
(1) year of filing of the Site Development Plan or construction is
not completed within five (5) years from approval of the Site Development
Plan. As used in this Section, "substantial construction" shall mean
final grading for roadways necessary for first (1st) approved plat
or phase of construction and commencement of installation of sanitary
and storm sewers. Any extension herein provided for shall be filed
with the Director prior to the expiration date for which the extension
is being requested. The developer shall be notified, in writing, at
least sixty (60) days prior to any revocation hearing.
b.
The Board may grant an extension to commence construction for
not more than one (1) additional year. Any extension herein provided
for shall be filed with the Director prior to the expiration date
for which the extension is being requested.
c.
In the event the Site Development Plan is not submitted or substantial construction has not commenced within the prescribed time limits, the Site Development Plan and Concept Plan shall terminate and the Commission shall within forty-five (45) days recommend initiation of a new public hearing to revert the property to its prior classification in accord with the proceedings specified in Section 420.040, Petitions for Change, Filing Fee, Form and Contents. When a "BP-4" District has terminated by reason of provisions of this Subsection, no building permit shall be issued on that property until a public hearing has been held for the purpose of reinstating the "BP-4" District or reversion of said property to its prior zoning classification and action taken thereon by the Board.
9.
Unfinished Portions Of A Site Development Plan. Any ground in
an unfinished phase of a Site Development Plan in the "BP-4" District
not completed within one (1) year from the date of Site Development
Plan approval by the Board shall be graded and seeded with a perennial
grass seed. Said undeveloped ground shall be maintained with appropriate
mowing and trimming to meet City standards, until it becomes an active
construction site.
[1]
Editor's Note: Former Section 475.070, "BP-4" Planned
Business Park District, was repealed 11-19-2018 by Ord. No. 3875.
[Ord. No. 3876, 11-19-2018[1]]
A.
Purpose. This Section contains the regulations and procedures for
the "PID" Planned Industrial Development District (hereinafter "PID"
District). It is the purpose of the "PID" District to facilitate the
establishment of combinations of development and uses that cannot
be accomplished in a Business Park District and to encourage a creative
approach to the use of land and facilities therein that can best be
achieved via parameters and alternatives through conditions of approved
site development plans. Furthermore, the "PID" District is intended
for varying intensity industrial and complementary business/commercial
services of high quality that can justify the amenities and high level
of performance standards governing development in a planned industrial
development setting. These regulations are supplemented and qualified
by additional regulations appearing elsewhere in this Title.
B.
Establishment Of A "PID" District.
1.
A "PID" District may be established on a tract of land in a
single ownership or management control provided that:
a.
An application for a change of zoning and a concept plan (hereinafter
"Concept Plan") is approved by the Board.
b.
A Site Development Plan in compliance with the conditions for
rezoning and Concept Plan approved by the Board is submitted to the
Commission and Board for approval and recorded with the St. Louis
County Recorder of Deeds.
c.
The schedule of construction is complied with in accordance
with the approved rezoning ordinance and/or Site Development Plan
approval.
2.
A "PID" District may be established by the Board in the same
manner that other Zoning Districts are established where the Board
determines that any particular tract or areas should be developed
accordingly, but because of possible conflicts with adjoining uses,
more development control is necessary to protect the general welfare
than is possible under the regulations of the "IP-1" Industrial Park
District.
3.
The minimum tract or combined property area to establish a "PID"
District shall be twenty (20) contiguous acres unless said property
adjoins a "PID" District. For property adjoining an existing "PID"
District, the minimum area is two (2) contiguous acres.
C.
Permitted Uses And Uses Allowed By Special Use Permit. Permitted
Uses and Use allowed by Special Use Permit in the "PID" District,
shall be established in the conditions of the rezoning ordinance governing
the particular "PID" District. Specific uses include those designated
Permitted Uses and Uses allowed by Special Use Permit in any "BP"
Business Park Districts.
D.
Lot Regulations.
1.
Setbacks And Buffer Areas.
a.
Front Setback And Buffer Area. Each lot shall have a minimum
fifty (50) foot front setback with a landscaped buffer area of not
less than thirty (30) feet from the front lot line(s). Parking lots
may encroach the established front setback but shall not encroach
the required landscaped buffer area provided herein.
b.
Side And Rear Setbacks. Except as otherwise required in this
Section, all required side and rear setbacks and buffer areas shall
be as approved on the recorded Concept Plan or rezoning ordinance.
Parking lots may encroach the established side and rear setbacks but
shall not encroach the established landscaped buffer area.
c.
Exceptions. The required setbacks and buffer areas along the
lot line of all lots adjacent to another zoning district shall not
be less than such requirement for the abutting property. Where a lot
abuts more than one (1) other zoning district, the most restrictive
shall apply.
2.
Intensity Of Use. Maximum lot coverage of the principal building(s)
shall not exceed sixty-five percent (65%) of the lot area.
3.
Lot Area. The minimum lot area shall be two (2) acres, except
lots established with day-care centers and restaurants may be on a
lot of not less than one and one-half (1.5) acres. Every lot shall
have a minimum lot width of two hundred (200) feet at the required
building line.
4.
Number Of Buildings Per Lot. More than one (1) principal building
may located on a lot provided all setbacks and parking requirements
are met.
F.
Procedure For Establishment Of "PID" District. In order to establish
a "PID" District to utilize land in an established "PID" District,
the procedure shall be as follows:
1.
Application. The owner or owners of record or owners under contract
of a lot or tract of land or their authorized representatives shall
petition the Board on forms prescribed for this purpose by the Director.
These forms are to be submitted to the Community Development Department
and accompanied by the following:
b.
Legal description of the property;
c.
Outboundary plat of the property;
d.
Preliminary site plan in compliance with Section 470.070.
e.
Concept Plan identifying the general location of streets, utilities,
and other proposed infrastructure and the general location of the
proposed uses of the District;
f.
Description/list of proposed uses; and
g.
Any additional information reasonably required by the Director
to determine compliance with the requirements herein.
2.
When approving the change of zoning and Concept Plan, the Commission shall recommend and the Board shall establish within the governing ordinance the permitted uses and uses allowed by Special Use Permit for the proposed "BP-4" District, required infrastructure and rules related to the same, open space requirements, required setbacks, landscape buffers, building heights and materials, lot size and coverage requirements, density requirements, and other conditions and requirements to meet the requirements of this Section. Upon request by the petitioner, the Board may within the ordinance that rezones the petitioner's property "PID" District approve for good cause shown alternative standards from the Subdivision Ordinance relative to streets, sidewalks, and/or drainage, and such approved, alternative standards shall be indicated on the plans. All other provisions and procedures for a change of zoning of Section 420.030 (Procedures for a Change in Zoning) shall apply.
3.
Site Development Plans.
a.
After passage of the rezoning ordinance and approval of the
Concept Plan by the Board the developer shall proceed with submitting
a Site Development Plan. A Site Development Plan can either be presented
for the entire "PID" District or the developer can proceed to construct
the District in phases and submit multiple Site Development Plans.
No building permits or authorization for improvement or development
for any use requested under provisions of this Section shall be issued
prior to approval of such Plans.
b.
Site Development Plans Shall Be Submitted To The Director For
Review. These plans shall contain the minimum requirements established
in the conditions of the ordinance governing the "PID" District and,
further, shall comply with applicable provisions of the Subdivision
Ordinance and other City ordinances. If the Director finds the Plan(s)
to be in substantial compliance with the zoning ordinance, the approved
Concept Plan, and this Section ("Applicable Authority"), the Director
shall forward to the Commission for review and recommendation. For
purposes of this Section, "substantial compliance" shall mean a level
of compliance with the requirements of the Applicable Authority such
that any identified inconsistencies do not allow a lesser amount of
performance on behalf of the Developer nor impose a greater burden
or risk upon the City or its citizens than that of the Applicable
Authority. Specifically, the Director must determine that:
(1)
Development density and intensity have not materially
changed such that density of any use exceeds the permitted density
of that use, or the permitted height of the buildings;
(2)
Design has not materially changed, in that the
roadway patterns, particularly ingress egress points, are in the same
general location as shown on the Concept Plan, landscaped open space
is in the same general location, is of the same or greater amount,
or the proposed changes do not have the effect of creating any non-compliance
or non-conformity with the strict application of the Zoning Code that
were not previously approved at public hearing, or of expanding the
scope of existing variances, alternative site development, options,
or other approvals pursuant to alternative development standards such
that they would differ to a greater degree from the strict application
of the Zoning Code; and
(3)
Uses have not changed to include uses not approved
by the Applicable Authority.
c.
The Commission shall review the Site Development Plan for compliance
with the Applicable Authority and make a recommendation to the Board.
The Board may approve, approve with conditions, or deny the Site Development
Plan in accordance with the Applicable Authority. Within sixty (60)
days of approval by the Board, the Site Development Plan(s) shall
be recorded with the St. Louis County Recorder of Deeds by the developer
at its cost and thereby authorize development as depicted thereon.
Failure to record such Plan within the required time frame shall result
in the Site Development Plan becoming null and void.
4.
Guarantee Of Improvements. Unless otherwise provided for in
the conditions of the ordinance governing a "PID" District, no building
permits or permits authorizing the occupancy or use of any building,
facility, commercial establishment or structure may be use or occupied
until required related off-site improvements are constructed or a
performance bond, escrow, or other acceptable instrument is posted
covering their estimated cost as determined by the Director. This
requirement shall not apply to foundation permits or permits necessary
for the installation of required related off-site improvements. Required
related off-site improvements shall include, but not be limited to,
streets, sidewalks, sanitary and storm sewers, streetlights, and street
trees. If a "PID" District is developed in phases, the requirement
shall also apply to all major improvements necessary to the proper
operation and function of the phase in question, even though such
improvements may be located outside of the phase in question.
5.
To Amend The Rezoning Ordinance Or Concept Plan. Amendment to
the Concept Plan or conditions or terms of the rezoning ordinance
shall proceed through the same procedure for approval of the original
Concept Plan and rezoning ordinance.
6.
To Amend The Recorded Site Development Plan.
a.
The property owner or authorized representative shall submit
an amended Site Development Plan to the Director for review. The Director
shall then evaluate the request for consistency in purpose and content
with the nature of the approved Concept Plan, rezoning ordinance,
and original Site Development Plan.
b.
If the Director determines that the proposed amendment to the
Site Development Plan is major in nature and is not in conflict with
the approved Concept Plan and meets all conditions of the "PID" District
ordinance, said Plan shall be reviewed by the Commission and forwarded
to the Board for approval. If approved, said amended Plan shall be
recorded with the St. Louis County Recorder of Deeds by the developer
at its cost within sixty (60) days of review and report by the Commission
and approval by the Board. Failure to record within the prescribed
timeline shall result in the approval of the amendment being null
and void.
c.
If the Director determines that the proposed amendment to the
Site Development Plan is minor in nature and is not in conflict with
the Concept Plan and meets all conditions of the "PID" District ordinance,
the Director may administratively approve such amendment. Said amended
Plan shall be retained on file by the Community Development Department
and shall be recorded with the St. Louis County Recorder of Deeds
by the developer at its cost within sixty (60) days of approval by
the Director. Failure to record within the prescribed timeline shall
result in the approval of the amendment being null and void.
d.
If the Director determines that the proposed amendment to the
Site Development Plan is not consistent in purpose and content of
the rezoning ordinance or with the Concept Plan approved by the Board,
the Director shall so report to the applicant and the Commission.
The Commission shall then review the amended Site Development Plan
and make a recommendation to the Board for final determination.
7.
Appeals. The petitioner/developer may appeal a decision by the Director. The petitioner shall have a fifteen-day period in which to file a written appeal and plan with the Commission. The written appeal, stating the reasons for the appeal, shall be submitted to the Department. The Commission will make a final determination of the matter. No exceptions will be granted that are in violation of the particular ordinance governing the "PID" District. Such final determination by the Commission is subject to the appeal procedures of Chapter 160. To the fullest extent permitted by law, such review procedures shall be exhausted before any action may be filed in any court against the City or its officers, employees, boards, officials, or commissions.
8.
Failure To Commence Construction.
a.
Unless otherwise determined by the Board in the rezoning ordinance,
the Board shall consider the "PID" District subject to revocation
if substantial construction within the "PID" District development
fails to commence within one (1) year of filing of the Site Development
Plan or construction of the first (1st) phase or building site is
not completed within five (5) years from approval of the Site Development
Plan. As used in this Section, "substantial construction" shall mean
final grading for roadways necessary for first (1st) approved plat
or phase of construction and commencement of installation of sanitary
and storm sewers. Any extension herein provided for shall be filed
with the Director prior to the expiration date for which the extension
is being requested. The developer shall be notified, in writing, at
least sixty (60) days prior to any revocation hearing.
b.
The Board may grant an extension for any phase or building site
to commence construction for not more than one (1) additional year.
Any extension herein provided for shall be filed with the Director
prior to the expiration date for which the extension is being requested.
c.
In the event the Site Development Plan is not submitted or substantial construction has not commenced within the prescribed time limits, the Site Development Plan and Concept Plan shall terminate and the Commission shall within forty-five (45) days recommend initiation of a new public hearing to revert the property to its prior classification in accord with the proceedings specified in Section 420.040, Petitions for Change, Filing Fee, Form and Contents. When a "PID" District has terminated by reason of provisions of this Subsection, no building permit shall be issued on that property until a public hearing has been held for the purpose of reinstating the "PID" District or reversion of said property to its prior zoning classification and action taken thereon by the Board.
9.
Unfinished Portions Of A Site Development Plan. Any ground in
an unfinished phase of a Site Development Plan in the "PID" District
not completed within one (1) year from the date of Site Development
Plan approval by the Board shall be graded and seeded with a perennial
grass seed. Said undeveloped ground shall be maintained with appropriate
mowing and trimming to meet City standards, until it becomes an active
construction site.
[1]
Editor's Note: Former Section 475.080, "PID" Planned
Industrial Development District, was repealed 11-19-2018 by Ord. No.
3876.
