[CC 1990 § 31-03-01; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
The purpose of this Article of the Unified Development Code
(UDC) is to establish zoning districts within the municipal limits
of the City of Chesterfield, allowable uses and dimensional and district
requirements within districts, special procedures and overlay districts.
[CC 1990 § 31-03-02; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
Districts. For the purposes of this UDC, all land in the City of Chesterfield is zoned into districts. Changes of zoning, conditional use permits and special procedure applications not included in Section 405.03.020(D) of this Article may only be filed for one of the following districts on Table A-1. For purposes of this UDC, text amendments to existing planned district ordinances are referred to and treated as a special procedure.
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Table A-1
| |
|---|---|
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Agricultural
|
AG
|
|
Park and Scenic
|
PS
|
|
Large Lot Residential (3 acres)
|
LLR
|
|
Estate Two Acre (2 acres)
|
E-2AC
|
|
Estate One Acre (1 acre)
|
E-1AC
|
|
Estate Half Acre (1/2 acre)
|
E-1/2AC
|
|
R-2 Residence (15,000 square feet)
|
R2
|
|
R-3 Residence (10,000 square feet)
|
R3
|
|
R-4 Residence (7,500 square feet)
|
R4
|
|
R-5 Residence (6,000 square feet)
|
R5
|
|
R-6A Residence (4,000 square feet)
|
R6A
|
|
R-6AA Residence (3,000 square feet)
|
R6AA
|
|
R-6 Residence (2,000 square feet)
|
R6
|
|
R-7 Residence (1,750 square feet)
|
R7
|
|
R-8 Residence (500 square feet)
|
R8
|
|
Planned Commercial
|
PC
|
|
C8 Planned Commercial (*for special procedure requests only)1
|
C8
|
|
Neighborhood Business
|
NB
|
|
Planned Industrial
|
PI
|
|
M3 Planned Industrial (*for special procedure requests only)1
|
M3
|
|
Light Industrial
|
LI
|
|
Medical Use
|
MU
|
|
Urban Core
|
UC
|
|
Mixed Use
|
MXD
|
|
Planned Commercial & Residential
|
PC&R
|
|
Planned Unit Development
|
PUD
|
|
NOTES:
| |
|---|---|
|
1
|
Requests for amendments to existing planned district ordinances
in the C8 or M3 district, or other special procedures, such as obtaining
a conditional use permit or LPA status, are permitted. However, additional
or new parcels of land are prohibited from zoning to either of these
districts.
|
B.
Overlay Districts And Special Procedures. An overlay district
or special procedure is an additional zoning requirement that is placed
on a geographic area but does not change the zoning of the site. These
zoning tools may add additional restrictions or provide certain incentives
in specific geographic areas or for land with specific physical features
or characteristics. The purpose of using an overlay district or special
procedure is to address certain community interests, such as historic
preservation or protection of environmentally sensitive areas. Requests
for an overlay district or special procedure may only be sought for
land zoned to one of the districts listed in Table A-1 above. Overlay
districts and special procedures found in the City of Chesterfield
are as listed in Table B-1 below:
[Ord. No. 2828, § 3 (Att. C), 1-5-2015]
|
Table B-1
| |
|---|---|
|
Museum and Arts Area
|
MAA
|
|
Residential Business Use Procedure
|
RBU
|
|
Wild Horse Subarea Overlay
|
WH
|
|
Chesterfield Historic Register
|
H
|
|
Landmarks Preservation Area
|
LPA
|
C.
District Boundaries. The boundaries of these districts are hereby
established as shown on the City of Chesterfield Zoning Map consisting
of a series of maps at a scale of one (1) inch equals two hundred
(200) feet, as adopted by Ordinance No. 624 (1991), together with
all subsequent amendments thereto. All district classifications, however,
need not appear on the Zoning Map at one time. Official copies of
said map shall be maintained in the Director of Planning (the Department)
and shall be public records. All subsequent amendments to the zoning
maps shall be designated on said official copies. The Planning Commission
may, at its discretion, cause the City of Chesterfield Zoning Map
and its official copies thereof to be photographed, microphotographed,
photostated or reproduced on file, which maps when so reproduced shall
be deemed to be an original record for all purposes.
D.
Inactive Districts And Inactive Special Procedures List. Table C-1 provides a list of zoning district categories and special procedures which are inactive. While parcels do exist within the City of Chesterfield which are zoned to these districts or which have one of these special procedures applied to it, any changes, modifications, or amendments to any of these districts or special procedures is prohibited, except as described in Section 405.03.020(A) of this Article. Any site-specific ordinance establishing any of these districts or procedures on any given parcel enacted prior to the passage date of this UDC is still valid. See City of Chesterfield Zoning Ordinance dated November 17, 1997, for specific information on any inactive district or procedure.
[Ord. No. 2828[1] § 3 (Att. C), 1-5-2015]
|
Table C-1
| |
|---|---|
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R-1 Residence
|
R1
|
|
R-1A Residence
|
R1A
|
|
Estate Residential District (two-acre)
|
E1
|
|
Estate Residential District (one-acre)
|
E2
|
|
Estate Residential District (half-acre)
|
E3
|
|
Non-Urban
|
NU
|
|
C2 Shopping
|
C2
|
|
C3 Shopping
|
C3
|
|
C4 Highway Service Commercial
|
C4
|
|
C6 Office and Research Service
|
C6
|
|
C7 General Extensive Commercial
|
C7
|
|
C8 Planned Commercial
|
C8
|
|
M1 Industrial
|
M1
|
|
M2 Industrial
|
M2
|
|
M3 Planned Industrial
|
M3
|
|
Commercial Service Procedure
|
CSP
|
|
Planned Environment Unit
|
PEU
|
|
Commercial Industrial Density Development
|
CIDD
|
|
Flood Plain Overlay District
|
FP
|
|
NOTE:
| |
|---|---|
|
The E1, E2, and E3 Estate Residential Districts are now inactive
and have been replaced with the E-2AC, E-1AC, and E-1/2AC Districts.
The inactive Estate Districts, along with the special procedure known
as the "Planned Environment Unit" or "PEU" and the Flood Plain Overlay
District or FP Overlay District, may be found in the City of Chesterfield
Zoning Ordinance dated November 17, 1997.
|
[1]
Editor's Note: This ordinance also repealed former Subsection
D, Floodplain and Floodway Map, and redesignated former Subsection
E as Subsection D.
E.
(Reserved)
F.
Interpretation And Extension Of District Boundaries.
1.
The Board of Adjustment shall interpret the provisions of this
Section of the UDC in accordance with the City of Chesterfield ordinances.
Any area within the geographical boundaries which is added to or becomes
a part of the City of Chesterfield shall be designated the appropriate
zoning district upon review of the existing land use conditions and
Comprehensive Plan.
2.
In the event that a zoning district boundary line is shown on
a zoning district map as following a property line or a political
boundary line, the actual location of such zoning district boundary
line shall govern, as determined by survey, rather than the representation
for the location of said boundary line on the district map, if there
is a discrepancy between the two (2) locations.
3.
Zoning district boundary lines shall be construed to either
follow the center lines of railroad, street, or highway rights-of-way,
track or lot lines, or such lines extended, unless otherwise indicated.
G.
Use Regulations Applicable To All Districts.
2.
Permitted uses are those uses which are permitted by right in
any straight zoning district or are permitted through a special procedure
or zoning procedure in any planned district or overlay.
3.
Conditional uses are those uses which are permitted with a conditional
use permit as listed and described throughout this Article of the
UDC in the district in which the parcel of land is located.
4.
Accessory And Ancillary Uses. In addition to the permitted and
conditional uses expressly permitted in the Use Tables at the end
of this Article, each zoning district shall be deemed to include accessory
and ancillary uses.
a.
Accessory uses are those uses that are incidental to and customarily found in connection with the principal use on the site. An accessory use must be conducted on the same zoning lot as the principal use to which it is related and does not occupy the majority of the space in the building or structure. Accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, or is a reasonably necessary incident to the primary use and is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. It shall be the responsibility of the Director of Planning to determine if a requested accessory use meets the definition and criteria of an accessory use as described above. Determinations of the Director of Planning may be subject to appeal as described in Section 405.02.190 of this UDC.
b.
Ancillary uses are accessory uses which do not have separate signage or separate access within the structure containing the principal use on the site. Ancillary uses are not open to the general public, but serve the guests, patrons, or individuals who are served by the primary use on the site. In addition, ancillary uses do not occupy the majority of the space in the building or structure. It shall be the responsibility of the Director of Planning to determine if a requested ancillary use meets the definition and criteria of an ancillary use as described above. Determinations of the Director of Planning may be subject to appeal as described in Section 405.02.190 of this UDC.
[CC 1990 § 31-03-03; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
General Yard Requirements For All Districts.
1.
Parking shall be screened from any adjoining property in a PS,
NU, or residential district using fences, berms, or landscaping.
2.
No structure or plant material exceeding three (3) feet in height
above the elevation of the street pavement is allowed within the sight
distance triangle.
3.
Signs six (6) feet or less in height are allowed within the
minimum front yard setback.
4.
Boundary walls, retaining walls, or fences six (6) feet or less
in height are allowed within the minimum yard requirements.
5.
Ordinary projections of skylights, sills, belt courses, cornices
and ornamental features shall not project more than twelve (12) inches
over the setback.
6.
Ordinary projections of chimneys and flues, not to exceed seventy-two
(72) inches in width, shall not project more than twenty-four (24)
inches over the setback.
7.
Roof overhangs shall not project over eighteen (18) inches over
the setback, except that roof overhangs on the south side of a building
may project forty-eight (48) inches to a property line.
8.
Slab-type porches or paved terraces having a maximum height
of not more than twelve (12) inches above ground elevation at any
point may project into any yard except that the projection into the
front yard shall not exceed ten (10) feet.
9.
Air-conditioning units may extend into side or rear yards a
maximum of thirty (30) inches, with air-conditioning units, including
mounting pedestals, not to exceed forty-eight (48) inches in height
above ground elevation within side or rear yards.
10.
Public utility facilities, provided that any installation other
than poles and equipment attached to the poles, shall be adequately
screened with landscaping, fencing or walls, or placed underground,
or enclosed in such a manner as to blend with and complement the character
of the surrounding area as approved by the City of Chesterfield.
11.
Sewage treatment facilities shall not exceed a flow of five
thousand (5,000) gallons per day. However, where a treatment facility
is wholly within and provides services exclusively for uses within
a St. Louis County park, an individual sewage treatment facility exceeding
a flow of five thousand (5,000) gallons per day may be approved as
directed by the City of Chesterfield.
12.
The height for any telecommunications siting facility shall
be authorized and regulated by the provisions of Article 06 of this
UDC.
B.
AG Agricultural District.
1.
Purpose. The purpose of the AG Agricultural District is to provide
agricultural uses and activities, and other compatible uses in areas
where the normal provision of community infrastructure is not desirable
or not feasible.
2.
Scope Of Provisions. This Section contains the regulations of
the AG District which are supplemented and qualified by additional
general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements
in Article 04 of this UDC, the following performance standards are
applicable to the AG District:
a.
Uses. Permitted and conditional uses for the AG District are found in Section 405.03.070 of this Article. In addition:
(1)
Livestock must be housed at least one hundred (100)
feet from all property lines.
(2)
Animal pens associated with kennels must be at
least two hundred (200) feet from all property lines.
(3)
Accessory uses may include, but are not limited
to, the following:
(a)
Devices for the generation of energy or individual
sewage treatment facilities serving an individual non-residential
use. Sewage treatment facilities shall not exceed a flow of five thousand
(5,000) gallons per day.
(b)
Detached single-family dwelling.
(c)
Private stables (which must be fenced and maintain
a one-hundred-foot setback from all property lines).
b.
Lot Area.
|
Use
|
Minimum Lot Area
|
|---|---|
|
Public utility facility
|
10,000 square feet
|
|
Mechanical sewage treatment facility
|
1 acre
|
|
All other uses
|
10 acres
|
d.
Stormwater. Open swales as opposed to enclosed systems
shall be permitted where appropriate as directed by the Department.
e.
Lot Width. The minimum lot width for any structure,
measured at the front building setback line, is three hundred (300)
feet.
f.
Height. Maximum height is fifty (50) feet for all
structures unless otherwise stated in a CUP. Church steeples may extend
to one hundred (100) feet as measured from the average floor grade
elevation of the first floor.
4.
The procedure for zoning to the AG District and site plan approval
is established in Article 02 of this UDC.
C.
PS Park and Scenic District.
1.
Purpose. The PS Park and Scenic District encompasses land owned
by public agencies or in which public agencies have some lesser legal
interest, which has recreational, scenic, and health value. This district
may also include land having recreational, scenic, and health value,
when owned by not-for-profit organizations or other organizations.
This district is established to preserve the community's cultural
values by preserving this land in an essentially natural or native
condition.
2.
Scope Of Provisions. This Section contains the district regulations
of the PS Park and Scenic District. These regulations are supplemented
and qualified by additional general regulations appearing elsewhere
in this UDC which are incorporated as part of this Section by reference.
3.
In addition to the development standards and district requirements
in Article 04 of this UDC, the following performance standards are
applicable to the PS District:
a.
Uses. Permitted and conditional uses for the PS District are found in Section 405.03.070 of this Article. In addition:
(1)
Accessory uses may include, but are not limited
to, devices for the generation of energy or individual sewage treatment
facilities serving an individual non-residential use.
b.
Yard Requirements.
(1)
No structure shall be allowed within twenty-five
(25) feet of any roadway right-of-way line, except where a greater
setback is required by the underlying district requirements.
(2)
No structure, sign or plant material exceeding
three (3) feet in height above the elevation of the street pavement
is allowed within the sight distance triangle.
(3)
Light standards are permitted in the front yard
setback as directed by the Department.
4.
See Chapter 220, Parks and Recreation, of the City Code for additional information and regulations.
5.
The procedure for zoning to the PS District and site plan approval
is established in Article 02 of this UDC.
D.
LLR Large Lot Residential District.
1.
Purpose. The purpose of the LLR Large Lot Residential District
is to provide for residential uses and activities and other compatible
uses and activities in areas where the normal provision of community
infrastructure is not desirable or feasible.
2.
Scope Of Provisions. This Section contains the regulations of
the LLR District which are supplemented and qualified by additional
general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements
found in Article 04 of this UDC, the following performance standards
are applicable to the LLR District:
a.
Uses. Permitted and conditional uses for the LLR District are found in Section 405.03.060 of this Article. In addition:
(1)
Mortuary and cemetery uses must be adjacent to
a commercial district and must have two hundred (200) feet of frontage
onto a state road.
(2)
Mobile home parks must be on tracts of at least
twenty (20) acres, provided that a landscape buffer of at least two
hundred (200) feet surrounds the site and no structures other than
directional signs are within said buffer. Any community building or
sales or rental office or service building must be located internally
within the park and must be screened from any pre-existing arterial
or collector street by at least one (1) row of lot or pads for residential
use.
(3)
Accessory uses may include, but are not limited
to:
(a)
Devices for the generation of energy or individual
sewage treatment facilities serving an individual non-residential
use.
(b)
Sewage treatment facilities shall not exceed a
flow of five thousand (5,000) gallons per day.
(c)
Private stables (which must be fenced and maintain
a one-hundred-foot setback from all property lines).
b.
Lot Area.
|
Use
|
Minimum Lot Area
| |
|---|---|---|
|
Cemetery or mortuary
|
3 acres
| |
|
Churches and other places of worship
|
5 acres
| |
|
Dwelling, single-family
|
3 acres
| |
|
Educational facility
| ||
|
Primary
|
5 acres
| |
|
Junior high
|
10 acres
| |
|
Senior high
|
20 acres
| |
|
College/university
|
10 acres
| |
|
Golf course
|
80 acres
| |
|
Group residential facility
|
5 acres
| |
|
Group home
|
3 acres
| |
|
Library
|
5 acres
| |
|
Mechanical sewage treatment facility
|
1 acre
| |
|
Public utility facility
|
10,000 square feet
| |
|
Stables and kennels
|
3 acres
| |
|
All other non-residential uses
|
5 acres
| |
c.
Lot Width. The minimum lot width measured at the
front building setback line shall be at least two-hundred (200) feet.
d.
Height. The maximum building height shall be fifty
(50) feet for all residential and non-residential structures unless
otherwise specified in a conditional use permit. Church spires may
extend to one hundred (100) feet.
f.
Subdivision Requirements.
(1)
All public and private streets shall have standard
right-of-way widths and shall be constructed to City of Chesterfield
standard specifications. However, street design for interior streets
within large-lot subdivisions is not required to meet the horizontal
curvature and vertical profile standards of the City.
(2)
Pavement and right-of-way widths shall be as specified
by the UDC or as directed by the Department.
(3)
Large-lot subdivisions are not required to provide
sidewalks or street lights on interior streets.
g.
Natural Resource Protection. Natural features should
be preserved at not less than the following levels:
4.
The procedure for zoning to the LLR District and site plan approval
is established in Article 02 of this UDC.
E.
E-2AC Estate District.
1.
Purpose. The purpose of the E-2AC Estate District is to provide
for the enhancement of residential development while preserving the
community character of the area with well-buffered, well-landscaped
neighborhoods, and to allow for such other residentially related uses
which are compatible with the character of the district.
2.
In addition to the development standards and district requirements
in Article 04 of this UDC, the following performance standards are
applicable:
a.
Uses. Permitted and conditional uses for the E-2AC District are found in Section 405.03.060 of this Article.
(1)
Mortuary and cemetery uses must be adjacent to
a commercial district and must have two hundred (200) feet of frontage
onto a state road.
(2)
Accessory uses may include, but are not limited
to, private stables, devices for the generation of energy or individual
sewage treatment facilities serving an individual non-residential
use. Sewage treatment facilities shall not exceed a flow of five thousand
(5,000) gallons per day.
(a)
Private stables are not permitted within one hundred
(100) feet of any property line. All pasture areas shall be fenced.
b.
Density. The density requirement for residential
dwellings is two (2) acres per dwelling unit.
c.
Lot Area.
|
Use
|
Minimum Lot Size
| |
|---|---|---|
|
Administrative offices for educational facilities or religious
institutions
|
3 acres
| |
|
Cemetery or mortuary
|
3 acres
| |
|
Churches and other places of worship
|
5 acres
| |
|
Day-care center
|
3 acres
| |
|
Dwelling, single-family
|
2 acres
| |
|
Educational facility
| ||
|
Kindergarten
|
3 acres
| |
|
Primary
|
5 acres
| |
|
Junior high
|
10 acres
| |
|
Senior high
|
20 acres
| |
|
College/university
|
10 acres
| |
|
Group home
|
2 acres
| |
|
Group residential facility
|
5 acres
| |
|
Library
|
4 acres
| |
|
Public utility facility
|
10,000 square feet
| |
|
Sewage treatment facility
|
1 acre
| |
|
Stables and kennels
|
5 acres
| |
|
All other non-residential uses
|
5 acres
| |
d.
Calculation Of Lot Size. Streets, public or private,
rights-of-way, and access easements shall not be credited to the minimum
lot size.
e.
Height. The maximum height for all structures shall
be fifty (50) feet. Church spires may extend to one hundred (100)
feet.
f.
Minimum Structure Setbacks.
|
Use
|
Setback
(feet)
| ||
|---|---|---|---|
|
Residential uses
| |||
|
Front yard
|
—
| ||
|
Side yard
|
25
| ||
|
Rear yard
|
—
| ||
|
Right-of-way
|
25
| ||
|
Between structures
|
50
| ||
|
Non-residential uses
| |||
|
From any property line
|
75
| ||
|
Right-of-way
| |||
|
Collector or arterial
|
150
| ||
|
Other streets
|
100
| ||
|
NOTE:
|
|---|
|
Setbacks for non-residential structures greater than thirty
(30) feet in height, other than a public utility tower authorized
by a CUP, shall be increased by one (1) additional foot for every
two (2) feet or fraction thereof of building height in excess of thirty
(30) feet.
|
g.
Parking Areas. Parking lots shall maintain the same
setbacks as the structure setbacks set forth in the table above. The
minimum parking setback is fifty (50) feet from any road.
h.
Yard Requirements. Private stables shall maintain
a minimum setback of one hundred (100) feet from all property lines,
and pasture areas shall be fenced.
i.
Pavement and right-of-way widths shall be as required
in Article 04 of this UDC.
j.
Dedications For Public Schools And Public Parks.
Developments may include land designated for dedication for public
school or public park use. Areas designated for public school or public
park purposes may be considered part of the gross acreage of the development
in computing the maximum number of lots that may be created or dwelling
units that may be authorized, provided that:
(1)
The area of the proposed development shall be at
least thirty (30) acres in the case of a public school dedication
and sixty (60) acres in the case of a public park dedication, unless
otherwise authorized or required by the City of Chesterfield.
(2)
The proposed school site is compatible with a generalized
plan for school locations published by the school district.
(3)
Prior to approval of a site development concept
plan, a written agreement between the petitioner and the school district
shall be submitted to the City of Chesterfield for review. This agreement
shall indicate who is responsible for the installation of required
improvements adjacent to or affecting the school site and when the
improvements will be installed.
(4)
The proposed site is dedicated to public school
or park use in a manner approved by the City Attorney as to legal
form prior to recording of the site development concept plan.
(5)
The site development concept plan identifies the
boundaries of the dedicated tract within the development.
(6)
The deed of dedication for a public park(s) or
public school use shall provide that in the event the property shall
no longer be used for that purpose, it will revert to the trustees
of the subdivision in which it is located as common land.
k.
Community Character Development Standards.
(1)
Easements for utility or access purposes may cross
any required landscape easement or buffer. If a utility or access
easement runs generally parallel to and overlays a required landscape
easement or buffer, the minimum required width of said required landscape
easement or buffer shall be increased by the width of the easement
which overlays the required landscape easement or buffer.
(2)
Sidewalks may be required as directed by the City
of Chesterfield when all lots are one (1) acre or greater; when any
lots are less than one (1) acre, sidewalks shall be required on one
(1) side of the street and shall be encouraged to meander from a straight
path to reduce grading and save trees or to be provided in the form
of pedestrian walkways linking primary activity centers or destinations.
Sidewalks must be situated in a dedicated easement with access and
working room to maintain the sidewalk and shall comply with all provisions
of the Americans with Disabilities Act.
(3)
Jogging trails shall be allowed in any open space
or buffer area but must be coordinated with any tree preservation
plan.
l.
Natural features should be preserved at not less
than the following levels:
m.
Right-Of-Way Grading.
(1)
Lots which slope down from the right-of-way must
have a minimum platform of four (4) feet of ground immediately adjacent
to the edge of pavement which drains perpendicular and toward the
pavement. Said platform shall be constructed at a grade of not less
than two percent (2%) perpendicular to the pavement, except in areas
adjacent to a storm sewer, where there must be a platform of not less
than seven (7) feet from the edge of pavement at a grade not in excess
of two percent (2%). For the purposes of this requirement, "adjacent
to a storm sewer" shall mean within ten (10) feet, measured along
the curb, of a storm sewer intake.
(2)
Open swales, as opposed to enclosed systems, shall
be permitted where appropriate as determined by the Department.
3.
The procedure for zoning to the E-2AC District and site plan
approval is established in Article 02 of this UDC.
F.
E-1AC Estate District.
1.
Purpose. The purpose of the E-1AC Estate District is to provide
for the enhancement of residential development while preserving the
community character of the area with well-buffered, well-landscaped
neighborhoods, and to allow for such other residentially related uses
which are compatible with the character of the district.
2.
In addition to the development standards and district requirements
in Article 04 of this UDC, the following performance standards are
applicable:
a.
Uses. Permitted and conditional uses for the E-1AC District are found in Section 405.03.060 of this Article.
(1)
Mortuary and cemetery uses must be adjacent to
a commercial district and must have two hundred (200) feet of frontage
onto a state road.
(2)
Accessory uses may include, but are not limited
to, private stables, devices for the generation of energy or individual
sewage treatment facilities serving an individual non-residential
use. Sewage treatment facilities shall not exceed a flow of five thousand
(5,000) gallons per day.
(a)
Private stables are not permitted within one hundred
(100) feet of any property line. All pasture areas shall be fenced.
b.
Density. The density requirement for residential
dwellings is one (1) acre per dwelling unit.
c.
Lot Area.
|
Use
|
Minimum Lot Size
| |
|---|---|---|
|
Cemetery or mortuary
|
3 acres
| |
|
Churches and other places of worship
|
5 acres
| |
|
Day-care center
|
3 acres
| |
|
Dwelling, single-family
|
1 acre
| |
|
Educational facility
| ||
|
Kindergarten
|
3 acres
| |
|
Primary
|
5 acres
| |
|
Junior high
|
10 acres
| |
|
Senior high
|
20 acres
| |
|
College/university
|
10 acres
| |
|
Group home
|
1 acre
| |
|
Group residential facility
|
5 acres
| |
|
Library
|
4 acres
| |
|
Public utility facility
|
10,000 square feet
| |
|
Sewage treatment facility
|
1 acre
| |
|
Stables and kennels
|
5 acres
| |
|
All other non-residential uses
|
5 acres
| |
d.
Calculation Of Lot Size. Streets, public or private,
rights-of-way, and access easements shall not be credited to the minimum
lot size.
e.
Height. The maximum height for all structures shall
be fifty (50) feet. Church spires may extend to one hundred (100)
feet.
f.
Minimum Structure Setbacks.
|
Use
|
Setback
(feet)
| ||
|---|---|---|---|
|
Residential uses
| |||
|
Front yard
|
—
| ||
|
Side yard
|
25
| ||
|
Rear yard
|
—
| ||
|
Right-of-way
|
25
| ||
|
Between structures
|
40
| ||
|
Non-residential uses
| |||
|
From any property line
|
75
| ||
|
Right-of-way
| |||
|
Collector or arterial
|
150
| ||
|
Other streets
|
100
| ||
|
NOTE:
|
|---|
|
Setbacks for non-residential structures greater than thirty
(30) feet in height, other than a public utility tower authorized
by a CUP, shall be increased by one (1) additional foot for every
two (2) feet or fraction thereof of building height in excess of thirty
(30) feet.
|
g.
Parking Areas. Parking lots shall maintain the same
setbacks as the structure setbacks set forth in the table above. The
minimum parking setback is fifty (50) feet from any road.
h.
Yard Requirements. Private stables shall maintain
a minimum setback of one hundred (100) feet from all property lines,
and pasture areas shall be fenced.
i.
Pavement and right-of-way widths shall be as required
in Article 04 of this UDC.
j.
Dedications for public schools and public parks.
Developments may include land designated for dedication for public
school or public park use. Areas designated for public school or public
park purposes may be considered part of the gross acreage of the development
in computing the maximum number of lots that may be created or dwelling
units that may be authorized, provided that:
(1)
The area of the proposed development shall be at
least thirty (30) acres in the case of a public school dedication
and sixty (60) acres in the case of a public park dedication, unless
otherwise authorized or required by the City of Chesterfield.
(2)
The proposed school site is compatible with a generalized
plan for school locations published by the school district.
(3)
Prior to approval of a site development concept
plan, a written agreement between the petitioner and the school district
shall be submitted to the City of Chesterfield for review. This agreement
shall indicate who is responsible for the installation of required
improvements adjacent to or affecting the school site and when the
improvements will be installed.
(4)
The proposed site is dedicated to public school
or park use in a manner approved by the City Attorney as to legal
form prior to recording of the site development concept plan.
(5)
The site development concept plan identifies the
boundaries of the dedicated tract within the development.
(6)
The deed of dedication for a public park(s) or
public school use shall provide that in the event the property shall
no longer be used for that purpose, it will revert to the trustees
of the subdivision in which it is located as common land.
k.
Community character development standards.
(1)
Easements for utility or access purposes may cross
any required landscape easement or buffer. If a utility or access
easement runs generally parallel to and overlays a required landscape
easement or buffer, the minimum required width of said required landscape
easement or buffer shall be increased by the width of the easement
which overlays the required landscape easement or buffer.
(2)
Sidewalks may be required as directed by the City
of Chesterfield when all lots are one (1) acre or greater; when any
lots are less than one (1) acre, sidewalks shall be required on one
(1) side of the street and shall be encouraged to meander from a straight
path to reduce grading and save trees or to be provided in the form
of pedestrian walkways linking primary activity centers or destinations.
Sidewalks must be situated in a dedicated easement with access and
working room to maintain the sidewalk and shall comply with all provisions
of the Americans with Disabilities Act.
(3)
Jogging trails shall be allowed in any open space
or buffer area but must be coordinated with any tree preservation
plan.
l.
Natural features should be preserved at not less
than the following levels:
m.
Right-of-way grading.
(1)
Lots which slope down from the right-of-way must
have a minimum platform of four (4) feet of ground immediately adjacent
to the edge of pavement which drains perpendicular and toward the
pavement. Said platform shall be constructed at a grade of not less
than two percent (2%) perpendicular to the pavement, except in areas
adjacent to a storm sewer, where there must be a platform of not less
than seven (7) feet from the edge of pavement at a grade not in excess
of two percent (2%). For the purposes of this requirement, "adjacent
to a storm sewer" shall mean within ten (10) feet, measured along
the curb, of a storm sewer intake.
(2)
Open swales, as opposed to enclosed systems, shall
be permitted where appropriate as determined by the Department.
3.
The procedure for zoning to the E-1AC District and site plan
approval is established in Article 02 of this UDC.
G.
E-1/2AC Estate District.
[Ord. No. 3098, 3-16-2020]
1.
Purpose. The purpose of the E-1/2AC Estate District is to provide
for the enhancement of residential development while preserving the
community character of the area with well-buffered, well-landscaped
neighborhoods, and to allow for such other residentially related uses
which are compatible with the character of the district.
2.
In addition to the development standards and district requirements
in Article 04 of this UDC, the following performance standards are
applicable:
a.
Uses. Permitted and conditional uses for the E-1/2AC District are found in Section 405.03.060 of this UDC.
(1)
Mortuary and cemetery uses must be adjacent to
a commercial district and must have two hundred (200) feet of frontage
onto a State road.
(2)
Accessory uses may include, but are not limited
to, private stables, devices for the generation of energy or individual
sewage treatment facilities serving an individual non-residential
use. Sewage treatment facilities shall not exceed a flow of five thousand
(5,000) gallons per day.
(a)
Private stables are not permitted within one hundred
(100) feet of any property line. All pasture areas shall be fenced.
b.
Density. The density requirement for residential
dwellings is one-half (1/2) acre per dwelling unit.
c.
Lot Area.
|
Use
|
Minimum Lot Size
| |
|---|---|---|
|
Cemetery or mortuary
|
3 acres
| |
|
Churches and other places of worship
|
3 acres
| |
|
Day-care center
|
3 acres
| |
|
Dwelling, single-family
|
1/2 acre
| |
|
Educational facility
| ||
|
Kindergarten
|
3 acres
| |
|
Primary
|
5 acres
| |
|
Junior high
|
10 acres
| |
|
Senior high
|
20 acres
| |
|
College/university
|
10 acres
| |
|
Group home
|
1/2 acre
| |
|
Group residential facility
|
5 acres
| |
|
Library
|
4 acres
| |
|
Public utility facility
|
10,000 square feet
| |
|
Sewage treatment facility
|
1 acre
| |
|
Stables and kennels
|
5 acres
| |
|
All other non-residential uses
|
5 acres
| |
d.
Calculation Of Lot Size. Streets, public or private,
rights-of-way, and access easements shall not be credited to the minimum
lot size.
e.
Height. The maximum height for all structures shall
be fifty (50) feet. Church spires may extend to one hundred (100)
feet.
f.
Minimum Structure Setbacks.
|
Setbacks — Residential Uses
|
Setback
(feet)
| |
|---|---|---|
|
Front (from property line)
|
—
| |
|
Side (from property line)
|
15
| |
|
Rear (from property line)
|
—
| |
|
Right-of-way
|
20
| |
|
Between structures
|
30
| |
|
Setbacks — Non-Residential Uses
|
Setback
(feet)
| |
|---|---|---|
|
From any property line
|
75
| |
|
Right-of-way
| ||
|
Collector or arterial
|
150
| |
|
Other streets
|
100
| |
|
NOTE:
|
|---|
|
Setbacks for non-residential structures greater than thirty
(30) feet in height, other than a public utility tower authorized
by a CUP, shall be increased by one (1) additional foot for every
two (2) feet or fraction thereof of building height in excess of thirty
(30) feet.
|
g.
Parking Areas. Parking lots shall maintain the same
setbacks as the structure setbacks set forth in the table above. The
minimum parking setback is fifty (50) feet from any road.
h.
Yard Requirements. Private stables shall maintain
a minimum setback of one hundred (100) feet from all property lines,
and pasture areas shall be fenced.
i.
Pavement and right-of-way widths shall be as required
in Article 04 of this UDC.
j.
Dedications For Public Schools And Public Parks.
Developments may include land designated for dedication for public
school or public park use. Areas designated for public school or public
park purposes may be considered part of the gross acreage of the development
in computing the maximum number of lots that may be created or dwelling
units that may be authorized, provided that:
(1)
The area of the proposed development shall be at
least thirty (30) acres in the case of a public school dedication
and sixty (60) acres in the case of a public park dedication, unless
otherwise authorized or required by the City of Chesterfield.
(2)
The proposed school site is compatible with a generalized
plan for school locations published by the school district.
(3)
Prior to approval of a site development concept
plan, a written agreement between the petitioner and the school district
shall be submitted to the City of Chesterfield for review. This agreement
shall indicate who is responsible for the installation of required
improvements adjacent to or affecting the school site and when the
improvements will be installed.
(4)
The proposed site is dedicated to public school
or park use in a manner approved by the City Attorney as to legal
form prior to recording of the site development concept plan.
(5)
The site development concept plan identifies the
boundaries of the dedicated tract within the development.
(6)
The deed of dedication for a public park(s) or
public school use shall provide that in the event the property shall
no longer be used for that purpose, it will revert to the trustees
of the subdivision in which it is located as common land.
k.
Community Character Development Standards.
(1)
Easements for utility or access purposes may cross
any required landscape easement or buffer. If a utility or access
easement runs generally parallel to and overlays a required landscape
easement or buffer, the minimum required width of said required landscape
easement or buffer shall be increased by the width of the easement
which overlays the required landscape easement or buffer.
(2)
Sidewalks may be required as directed by the City
of Chesterfield when all lots are one (1) acre or greater; when any
lots are less than one (1) acre, sidewalks shall be required on one
(1) side of the street and shall be encouraged to "meander" from a
straight path to reduce grading and save trees or to be provided in
the form of pedestrian walkways linking primary activity centers or
destinations. Sidewalks must be situated in a dedicated easement with
access and working room to maintain the sidewalk and shall comply
with all provisions of the Americans with Disabilities Act.
(3)
Jogging trails shall be allowed in any open space
or buffer area but must be coordinated with any Tree Preservation
Plan.
l.
Natural features should be preserved at not less
than the following levels:
m.
Right-Of-Way Grading.
(1)
Lots which slope down from the right-of-way must
have a minimum platform of four (4) feet of ground immediately adjacent
to the edge of pavement which drains perpendicular and toward the
pavement. Said platform shall be constructed at a grade of not less
than two percent (2%) perpendicular to the pavement, except in areas
adjacent to a storm sewer, where there must be a platform of not less
than seven (7) feet from the edge of pavement at a grade not in excess
of two percent (2%). For the purposes of this requirement, "adjacent
to a storm sewer" shall mean within ten (10) feet, measured along
the curb, from a storm sewer intake.
(2)
Open swales, as opposed to enclosed systems, shall
be permitted where appropriate as determined by the Department.
3.
The procedure for zoning to the E-1/2AC District and site plan
approval is established in Article 02 of this UDC.
H.
R-2 Residential District.
1.
Purpose. The R-2 District is established to provide for residential
dwellings and uses, to allow for such other related uses which are
of a residential nature and are compatible with the character of the
district, and to provide district regulations and development requirements.
2.
Scope Of Provisions. This Section contains the regulations of
the R-2 District which are supplemented and qualified by additional
general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements
in Article 04 of this UDC, the following performance standards are
applicable to the R-2 District:
a.
Uses. Permitted and conditional uses for the R-2 District are found in Section 405.03.060 of this UDC. In addition:
(1)
Individual sewage treatment facilities shall not
exceed a flow of five thousand (5,000) gallons per day.
(2)
Public utility facilities over sixty (60) feet
in height require a CUP.
(3)
Mortuary and cemetery uses require two hundred
(200) feet of frontage and shall be adjacent to an existing commercial
district.
(4)
Private stables shall maintain a minimum setback
of one hundred (100) feet from all property lines, and pasture areas
shall be fenced.
b.
Lot Area.
[Ord. No. 2814 § 2, 9-15-2014]
|
Use
|
Minimum Lot Area
| |
|---|---|---|
|
Cemetery or mortuary
|
3 acres
| |
|
Churches and other places of worship
|
3 acres
| |
|
Day-care center
|
30,000 square feet
| |
|
Dwelling, single-family
|
15,000 square feet
| |
|
Group home
|
15,000 square feet
| |
|
Group residential facility
|
3 acres
| |
|
Library
|
1 acre
| |
|
Educational facilities
| ||
|
Nursery school
|
15,000 square feet
| |
|
Kindergarten
|
1 acre
| |
|
Primary
|
5 acres
| |
|
Junior high
|
10 acres
| |
|
Senior high
|
20 acres
| |
|
Collegiate
|
10 acres
| |
|
Public utility facility
|
10,000 square feet
| |
|
All other non-residential uses
|
5 acres
| |
(1)
Any lot or tract of record on the effective date
of this UDC which contains less than fifteen thousand (15,000) square
feet may be used as a site for one (1) single-family dwelling, together
with accessory structures and uses.
(2)
Clubs or community centers, as approved with a
CUP, may be established on tracts of land less than five (5) acres
where the related parking needs, outdoor facilities, size of buildings,
and maximum membership of the developments and uses are deemed consistent
with the intensity of land use in the neighborhood of the uses and
developments. However, the minimum tract area for the conditional
developments and uses shall not be less than fifteen thousand (15,000)
square feet.
(3)
Police and fire stations as approved with a CUP
may be established on tracts of less than five (5) acres, where the
related parking needs, outdoor facilities, and size of buildings are
deemed consistent with the intensity of land use in the neighborhood
of these uses.
(4)
No new lots shall be created of less than fifteen
thousand (15,000) square feet in area except for police stations and
public utility facilities. Lots of less than fifteen thousand (15,000)
square feet, created for the above uses, shall not be used for any
other use and, in the event the permitted use terminates, the lot
shall be established as common ground for an adjacent development
or combined with an adjacent parcel or parcels by means of a boundary
adjustment. Prior to the approval of a subdivision record plat creating
a lot of less than fifteen thousand (15,000) square feet, a deed or
other legal instrument which guarantees the required transfer of the
property in the event the permitted use is terminated must be approved
by the City Attorney and recorded with the St. Louis County Recorder
of Deeds, with a copy to be filed with the City of Chesterfield.
c.
Height.
(1)
No building elevation of any dwelling structure
or building accessory to a dwelling structure shall exceed three (3)
stories or forty-five (45) feet in height, whichever is less.
(2)
All other structures, other than a public utility tower authorized by a CUP, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.04.060 of this UDC pertaining to air navigation space regulations.
(3)
Any non-residential structure, other than a public
utility tower authorized by a CUP, which exceeds thirty (30) feet
in height shall be set back from all property lines at least one (1)
additional foot for every foot of height above thirty (30) feet.
d.
Minimum Structure Setbacks.
|
Use
|
Setback
(feet)
| |||
|---|---|---|---|---|
|
Front
(from property line)
|
Side
(from property line)
|
Rear
(from property line)
|
Right-Of-Way
(from front yard)
| |
|
Residential and non-residential uses
|
—
|
10
|
15
|
25
|
(1)
In the event that more than fifty percent (50%)
of the existing dwelling structures on the same side of a street and
in both directions from a lot, for a distance of five hundred (500)
feet or to the nearest intersecting street, whichever distance is
less, have a variation in front yard setbacks of no more than ten
(10) feet, the required front yard for that lot shall be the average
setback of those structures. However, in no case shall any building
be located closer than fifteen (15) feet to any roadway right-of-way
line, nor shall a setback of greater than fifty (50) feet be required.
e.
Lighting. Light standards for streetlighting or
at points of ingress and egress, but not including parking lot lighting,
are allowed within the minimum front yard setback when approved by
the Department. Light standards for parking lot lighting are allowed
no closer than ten (10) feet from any side or rear yard line which
adjoins property in the NU Non-Urban, PS Park and Scenic, or any residential
district.
f.
Development Standards For Nursing Homes.
(1)
Densities of self-care units shall not exceed fifteen
(15) units per acre.
(2)
No building within a nursing home development shall
exceed a height of three (3) stories or forty-five (45) feet above
the average ground elevation at the perimeter of the building, whichever
is less.
(3)
No building within a nursing home development shall
be allowed within a minimum of fifty (50) feet of any property line.
(4)
Accessory commercial uses in the form of limited
service and retail commercial uses, not to exceed five percent (5%)
of the total gross floor area of the self-care building or buildings,
excluding garages, to be located within one (1) self-care building,
shall be permitted in conjunction with existing nursing homes with
a minimum of one hundred (100) beds and fifty (50) self-care units.
There shall be no indication, through signs or other devices on the
exterior, that such commercial uses are in existence. Uses authorized
may include a financial facility, excluding drive-up and external
walk-up facilities, barbershop and beauty shop, food store or drugstore,
laundry or dry-cleaning pickup, and newspaper stand and card shop.
g.
Development standards for group residential facility
use, specifically residential substance abuse treatment centers.
(1)
Densities shall not exceed eight (8) resident patients
and two (2) houseparents or support staff per facility for lots less
than five (5) acres.
(2)
No building within a residential substance abuse
treatment facility development shall exceed a height of three (3)
stories or forty-five (45) feet above the average ground elevation
at the perimeter of the building, whichever is less.
(3)
No building within a residential substance abuse
treatment facility development shall be allowed within a minimum of
fifty (50) feet of any property line.
(4)
Residential substance abuse treatment facilities
shall maintain a minimum radius of two (2) miles between each facility.
4.
The procedure for zoning to the R-2 District and site plan approval
is established in Article 02 of this UDC.
I.
R-3 Residential District.
1.
Purpose. The R-3 District is established to provide for residential
dwellings and uses, to allow for such other related uses which are
of a residential nature and are compatible with the character of the
district, and to provide district regulations and development requirements.
2.
Scope Of Provisions. This Section contains the regulations of
the R-3 District which are supplemented and qualified by additional
general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements
in Article 04 of this UDC, the following performance standards are
applicable to the R-3 District:
a.
Uses. Permitted and conditional uses for the R-3 District are found in Section 405.03.060 of this UDC. In addition:
(1)
Individual sewage treatment facilities shall not
exceed a flow of five thousand (5,000) gallons per day.
(2)
Mortuary and cemetery use requires two hundred
(200) feet of frontage on a state roadway and must be adjacent to
an existing commercial district.
(3)
Public utility facilities over sixty (60) feet
in height require a CUP.
b.
Lot area.
|
Use
|
Minimum Lot Area
| |
|---|---|---|
|
Cemetery or mortuary
|
3 acres
| |
|
Churches and other places of worship
|
3 acres
| |
|
Day-care center
|
30,000 square feet
| |
|
Dwelling, single-family
|
10,000 square feet
| |
|
Group home
|
15,000 square feet
| |
|
Group residential facility
|
3 acres
| |
|
Library
|
1 acre
| |
|
Educational facilities
| ||
|
Nursery school
|
15,000 square feet
| |
|
Kindergarten
|
1 acre
| |
|
Primary
|
5 acres
| |
|
Junior high
|
10 acres
| |
|
Senior high
|
20 acres
| |
|
Collegiate
|
10 acres
| |
|
Public utility facility
|
10,000 square feet
| |
|
All other non-residential uses
|
5 acres
| |
(1)
Any lot or tract of record on the effective date
of this UDC which contains less than ten thousand (10,000) square
feet may be used as a site for one (1) single-family dwelling, together
with accessory structures and uses.
(2)
Clubs or community centers, as approved with a
CUP, may be established on tracts of land less than five (5) acres
where the related parking needs, outdoor facilities, size of buildings,
and maximum membership of the developments and uses are deemed consistent
with the intensity of land use in the neighborhood of the uses and
developments. However, the minimum tract area for the conditional
developments and uses shall not be less than 10,000 square feet.
(3)
Specialized private schools shall be located on
a tract of land containing one (1) acre for each fifteen (15) pupils,
but in no case less than five (5) acres, nor more than that required
by the school land area requirements, as listed in the lot area chart
above.
c.
Height.
(1)
No building elevation of any dwelling structure
or building accessory to a dwelling structure shall exceed three (3)
stories or forty-five (45) feet in height, whichever is less.
(2)
All other structures, other than a public utility tower authorized by a CUP, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.04.060 of this UDC pertaining to air navigation space regulations.
(3)
Any non-residential structure, other than a public
utility tower authorized by a CUP, which exceeds thirty (30) feet
in height shall be set back from all property lines at least one (1)
additional foot for every foot of height above thirty (30) feet.
d.
Minimum Structure Setbacks.
|
Use
|
Setback
(feet)
| |||
|---|---|---|---|---|
|
Front
(from property line)
|
Side
(from property line)
|
Rear
(from property line)
|
Right-Of-Way
(from front yard)
| |
|
Residential and non-residential uses
|
—
|
8
|
15
|
20
|
(1)
In the event that more than fifty percent (50%)
of the existing dwelling structures on the same side of a street and
in both directions from a lot, for a distance of five hundred (500)
feet or to the nearest intersecting street, whichever distance is
less, have a variation in front yard setbacks of no more than ten
(10) feet, the required front yard for that lot shall be the average
setback of those structures. However, in no case shall any building
be located closer than fifteen (15) feet to any roadway right-of-way
line, nor shall a setback of greater than fifty (50) feet be required.
(2)
If a lot of record existing on the effective date
of this UDC has a width of sixty (60) feet or less, the side yard
on each side of any structure erected on such lot may be reduced to
a width of not less than ten percent (10%) of the width of the lot,
but in no instances shall such yard be less than five (5) feet in
width.
(3)
Any non-residential structure, other than a public
utility tower authorized by a conditional use permit, which exceeds
thirty (30) feet in height shall be set back from all property lines
at least one (1) additional foot for every foot of height above thirty
(30) feet.
e.
Lighting. Light standards for streetlighting or
at points of ingress and egress, but not including parking lot lighting,
are allowed within the minimum front yard setback when approved by
the Department. Light standards for parking lot lighting are allowed
no closer than ten (10) feet from any side or rear yard line which
adjoins property in the NU Non-Urban, PS Park and Scenic, or any residential
district.
f.
Development Standards For Nursing Homes.
(1)
Densities of self-care units shall not exceed fifteen
(15) units per acre.
(2)
No building within a nursing home development shall
exceed a height of three (3) stories or forty-five (45) feet above
the average ground elevation at the perimeter of the building, whichever
is less.
(3)
No building within a nursing home development shall
be allowed within a minimum of fifty (50) feet of any property line.
(4)
Accessory commercial uses in the form of limited
service and retail commercial uses, not to exceed five percent (5%)
of the total gross floor area of the self-care building or buildings,
excluding garages, to be located within one (1) self-care building,
shall be permitted in conjunction with existing nursing homes with
a minimum of one hundred (100) beds and fifty (50) self-care units.
There shall be no indication, through signs or other devices on the
exterior, that such commercial uses are in existence. Uses authorized
may include a financial facility, excluding drive-up and external
walk-up facilities, barbershop and beauty shop, food store or drugstore,
laundry or dry-cleaning pickup, and newspaper stand and card shop.
g.
Development Standards For Group Residential Facility
Use, Specifically Residential Substance Abuse Treatment Centers.
(1)
Densities shall not exceed eight (8) resident patients
and two (2) houseparents or support staff per facility for lots less
than five (5) acres.
(2)
No building within a residential substance abuse
treatment facility development shall exceed a height of three (3)
stories or forty-five (45) feet above the average ground elevation
at the perimeter of the building, whichever is less.
(3)
No building within a residential substance abuse
treatment facility development shall be allowed within a minimum of
fifty (50) feet of any property line.
(4)
Residential substance abuse treatment facilities
shall maintain a minimum radius of two (2) miles between each facility.
4.
The procedure for zoning to the R-3 District and site plan approval
is established in Article 02 of this UDC.
J.
R-4 Residential District.
1.
Purpose. The R-4 District is established to provide for residential
dwellings and uses, to allow for such other related uses which are
of a residential nature and are compatible with the character of the
district, and to provide district regulations and development requirements.
2.
Scope Of Provisions. This Section contains the regulations of
the R-4 District which are supplemented and qualified by additional
general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements
in Article 04 of this UDC, the following performance standards are
applicable to the R-4 District:
a.
Uses. Permitted and conditional uses for the R-4 District are found in Section 405.03.060 of this Article. In addition:
(1)
Individual sewage treatment facilities shall not
exceed a flow of five thousand (5,000) gallons per day.
(2)
Mortuary and cemetery use requires two hundred
(200) feet of frontage on a state roadway and must be adjacent to
an existing commercial district.
(3)
Public utility facilities over sixty (60) feet
in height require a CUP.
b.
Lot area.
|
Use
|
Minimum Lot Area
| |
|---|---|---|
|
Cemetery or mortuary
|
3 acres
| |
|
Churches and other places of worship
|
1/2 acre
| |
|
Day-care center
|
30,000 square feet
| |
|
Dwelling, single-family
|
7,500 square feet
| |
|
Group home
|
7,500 square feet
| |
|
Group residential facility
|
3 acres
| |
|
Library
|
1 acre
| |
|
Public utility facility
|
7,500 square feet
| |
|
Educational facilities
| ||
|
Nursery school
|
15,000 square feet
| |
|
Kindergarten
|
1 acre
| |
|
Primary
|
5 acres
| |
|
Junior high
|
10 acres
| |
|
Senior high
|
20 acres
| |
|
Collegiate
|
10 acres
| |
|
Public utility facility
|
7,500 square feet
| |
|
All other non-residential uses
|
5 acres
| |
(1)
Any lot or tract of record on the effective date
of this UDC which contains less than 7,500 square feet may be used
as a site for one (1) single-family dwelling, together with accessory
structures and uses.
(2)
Clubs or community centers, as approved with a
CUP, may be established on tracts of land less than five (5) acres
where the related parking needs, outdoor facilities, size of buildings,
and maximum membership of the developments and uses are deemed consistent
with the intensity of land use in the neighborhood of the uses and
developments. However, the minimum tract area for the conditional
developments and uses shall not be less than seven thousand five hundred
(7,500) square feet.
c.
Height.
(1)
No building elevation of any dwelling structure
or building accessory to a dwelling structure shall exceed three (3)
stories or forty-five (45) feet in height, whichever is less.
(2)
All other structures, other than a public utility tower authorized by a CUP, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.04.060 of this UDC pertaining to air navigation space regulations.
(3)
Any non-residential structure, other than a public
utility tower authorized by a CUP, which exceeds thirty (30) feet
in height shall be set back from all property lines at least one (1)
additional foot for every foot of height above thirty (30) feet.
d.
Minimum Structure Setbacks.
|
Use
|
Setback
(feet)
| |||
|---|---|---|---|---|
|
Front
(from property line)
|
Side
(from property line)
|
Rear
(from property line)
|
Right-of-way
(from front yard)
| |
|
Residential and non-residential uses
|
—
|
6
|
15
|
20
|
(1)
In the event that more than fifty percent (50%)
of the existing dwelling structures on the same side of a street and
in both directions from a lot, for a distance of five hundred (500)
feet or to the nearest intersecting street, whichever distance is
less, have a variation in front yard setbacks of no more than ten
(10) feet, the required front yard for that lot shall be the average
setback of those structures. However, in no case shall any building
be located closer than fifteen (15) feet to any roadway right-of-way
line, nor shall a setback of greater than fifty (50) feet be required.
(2)
If a lot of record existing on the effective date
of this UDC has a width of sixty (60) feet or less, the side yard
on each side of any structure erected on such lot may be reduced to
a width of not less than ten percent (10%) of the width of the lot,
but in no instances shall such yard be less than five (5) feet in
width.
(3)
Parking lots for five (5) or more vehicles, loading
spaces, or internal drives, except ingress and egress drives, shall
be set back a minimum of twenty (20) feet from any roadway right-of-way
and ten (10) feet from any adjoining property in a PS, NU, or any
residential district. No setback is required from adjoining properties
in a C or M District unless required by the conditions of a conditional
use permit.
e.
Lighting. Light standards for streetlighting or
at points of ingress and egress, but not including parking lot lighting,
are allowed within the minimum front yard setback when approved by
the Department. Light standards for parking lot lighting are allowed
no closer than ten (10) feet from any side or rear yard line which
adjoins property in the NU Non-Urban, PS Park and Scenic, or any residential
district.
f.
Development standards for nursing homes.
(1)
Densities of self-care units shall not exceed twenty
(20) units per acre.
(2)
No building within a nursing home development shall
exceed a height of three (3) stories or forty-five (45) feet above
the average ground elevation at the perimeter of the building, whichever
is less.
(3)
No building within a nursing home development shall
be allowed within a minimum of fifty (50) feet of any property line.
(4)
Accessory commercial uses in the form of limited
service and retail commercial uses, not to exceed five percent (5%)
of the total gross floor area of the self-care building or buildings,
excluding garages, to be located within one (1) self-care building,
shall be permitted in conjunction with existing nursing homes with
a minimum of one hundred (100) beds and fifty (50) self-care units.
There shall be no indication, through signs or other devices on the
exterior, that such commercial uses are in existence. Uses authorized
may include a financial facility, excluding drive-up and external
walk-up facilities, barber- and beauty shop, food store or drugstore,
laundry or dry cleaning pickup, and newspaper stand and card shop.
g.
Development standards for group residential facility
use, specifically residential substance abuse treatment centers.
(1)
Densities shall not exceed eight (8) resident patients
and two (2) houseparents or support staff per facility for lots less
than five (5) acres.
(2)
No building within a residential substance abuse
treatment facility development shall exceed a height of three (3)
stories or forty-five (45) feet above the average ground elevation
at the perimeter of the building, whichever is less.
(3)
No building within a residential substance abuse
treatment facility development shall be allowed within a minimum of
fifty (50) feet of any property line.
(4)
Residential substance abuse treatment facilities
shall maintain a minimum radius of two (2) miles between each facility.
4.
The procedure for zoning to the R-4 District and site plan approval
is established in Article 02 of this UDC.
K.
R-5 Residential District.
1.
Purpose. The R-5 District is established to provide for residential
dwellings and uses, to allow for such other related uses which are
of a residential nature and are compatible with the character of the
district, and to provide district regulations and development requirements.
2.
Scope Of Provisions. This Section contains the regulations of
the R-5 District which are supplemented and qualified by additional
general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements
in Article 04 of this UDC, the following performance standards are
applicable to the R-5 District:
a.
Uses. Permitted and conditional uses for the R-5 District are found in Section 405.03.060 of this Article. In addition:
(1)
Individual sewage treatment facilities shall not
exceed a flow of five thousand (5,000) gallons per day.
(2)
Mortuary and cemetery use requires two hundred
(200) feet of frontage on a state roadway and must be adjacent to
an existing commercial district.
(3)
Public utility facilities over sixty (60) feet
in height require a CUP.
b.
Lot area.
|
Use
|
Minimum Lot Area
| |
|---|---|---|
|
Cemetery or mortuary
|
3 acres
| |
|
Churches and other places of worship
|
1/2 acre
| |
|
Day-care center
|
30,000 square feet
| |
|
Dwelling, single-family
|
6,000 square feet
| |
|
Group home
|
6,000 square feet
| |
|
Group residential facility
|
3 acres
| |
|
Library
|
1 acre
| |
|
Educational facilities
| ||
|
Nursery school
|
15,000 square feet
| |
|
Kindergarten
|
1 acre
| |
|
Primary
|
5 acres
| |
|
Junior high
|
10 acres
| |
|
Senior high
|
20 acres
| |
|
Collegiate
|
10 acres
| |
|
Public safety facility
|
10,000 square feet
| |
|
Public utility facility
|
6,000 square feet
| |
|
All other non-residential uses
|
5 acres
| |
(1)
Any lot or tract of record on the effective date
of this UDC which contains less than six thousand (6,000) square feet
may be used as a site for one (1) single-family dwelling, together
with accessory structures and uses.
(2)
Clubs or community centers, as approved with a
CUP, may be established on tracts of land less than five (5) acres
where the related parking needs, outdoor facilities, size of buildings,
and maximum membership of the developments and uses are deemed consistent
with the intensity of land use in the neighborhood of the uses and
developments. However, the minimum tract area for the conditional
developments and uses shall not be less than six thousand (6,000)
square feet.
c.
Height.
(1)
No building elevation of any dwelling structure
or building accessory to a dwelling structure shall exceed three (3)
stories or forty-five (45) feet in height, whichever is less.
(2)
All other structures, other than a public utility tower authorized by a CUP, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.04.060 of this UDC pertaining to air navigation space regulations.
(3)
Any non-residential structure, other than a public
utility tower authorized by a CUP, which exceeds thirty (30) feet
in height shall be set back from all property lines at least one (1)
additional foot for every foot of height above thirty (30) feet.
d.
Minimum Structure Setbacks For Residential And Non-Residential
Uses.
(1)
The minimum front yard setback from any roadway
right-of-way line shall be twenty (20) feet.
(2)
Side yard.
(a)
No structure except single-family attached dwellings
and detached garages accessory to unattached single-family dwellings
shall be allowed within six (6) feet of any side property line.
(b)
Unattached sides of single-family attached dwellings
shall be a minimum of six (6) feet from any side property.
(c)
Detached garages accessory to unattached single-family
dwellings shall be a minimum of three (3) feet from any side property
line.
(3)
Rear yard.
(a)
No structure, except single-family attached dwellings
and detached garages accessory to unattached single-family dwellings,
shall be allowed within fifteen (15) feet of any rear property line.
(b)
Unattached sides of single-family attached dwellings
shall be a minimum of fifteen (15) feet from any rear property line.
(c)
Detached garages accessory to unattached single-family
dwellings shall be a minimum of three (3) feet from any rear property
line.
e.
In the event that more than fifty percent (50%)
of the existing dwelling structures on the same side of a street and
in both directions from a lot, for a distance of five hundred (500)
feet or to the nearest intersecting street, whichever distance is
less, have a variation in front yard setbacks of no more than ten
(10) feet, the required front yard for that lot shall be the average
setback of those structures. However, in no case shall any building
be located closer than fifteen (15) feet to any roadway right-of-way
line, nor shall a setback of greater than fifty (50) feet be required.
f.
If a lot of record existing on the effective date
of this UDC has a width of sixty (60) feet or less, the side yard
on each side of any structure erected on such lot may be reduced to
a width of not less than ten percent (10%) of the width of the lot,
but in no instances shall such yard be less than five (5) feet in
width.
g.
Parking lots for five (5) or more vehicles, loading
spaces, or internal drives, except ingress and egress drives, shall
be set back a minimum of twenty (20) feet from any roadway right-of-way
and ten (10) feet from any adjoining property in a PS, NU, or any
residential district. No setback is required from adjoining properties
in a C or M District unless required by the conditions of a conditional
use permit.
h.
Lighting. Light standards for streetlighting or
at points of ingress and egress, but not including parking lot lighting,
are allowed within the minimum front yard setback when approved by
the Department. Light standards for parking lot lighting are allowed
no closer than ten (10) feet from any side or rear yard line which
adjoins property in the NU Non-Urban, PS Park and Scenic, or any residential
district.
i.
Development standards for nursing homes.
(1)
Densities of self-care units shall not exceed twenty
(20) units per acre.
(2)
No building within a nursing home development shall
exceed a height of three (3) stories or forty-five (45) feet above
the average ground elevation at the perimeter of the building, whichever
is less.
(3)
No building within a nursing home development shall
be allowed within a minimum of fifty (50) feet of any property line.
(4)
Accessory commercial uses in the form of limited
service and retail commercial uses, not to exceed five percent (5%)
of the total gross floor area of the self-care building or buildings,
excluding garages, to be located within one (1) self-care building,
shall be permitted in conjunction with existing nursing homes with
a minimum of one hundred (100) beds and fifty (50) self-care units.
There shall be no indication, through signs or other devices on the
exterior, that such commercial uses are in existence. Uses authorized
may include a financial facility, excluding drive-up and external
walk-up facilities, barber- and beauty shop, food store or drugstore,
laundry or dry cleaning pickup, and newspaper stand and card shop.
j.
Development standards for group residential facility
use, specifically residential substance abuse treatment centers.
(1)
Densities shall not exceed eight (8) resident patients
and two (2) houseparents or support staff per facility for lots less
than five (5) acres.
(2)
No building within a residential substance abuse
treatment facility development shall exceed a height of three (3)
stories or forty-five (45) feet above the average ground elevation
at the perimeter of the building, whichever is less.
(3)
No building within a residential substance abuse
treatment facility development shall be allowed within a minimum of
fifty (50) feet of any property line.
(4)
Residential substance abuse treatment facilities
shall maintain a minimum radius of two (2) miles between each facility.
4.
The procedure for zoning to the R-5 District and site plan approval
is established in Article 02 of this UDC.
L.
R-6A Residential District.
1.
Purpose. The R-6A District is established to provide for residential
dwellings and uses, to allow for such other related uses which are
of a residential nature and are compatible with the character of the
district, and to provide district regulations and development requirements.
2.
Scope Of Provisions. This Section contains the regulations of
the R-6A District which are supplemented and qualified by additional
general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements
in Article 04 of this UDC, the following performance standards are
applicable to the R-6A District:
a.
Uses. Permitted and conditional uses for the R-6A District are found in Section 405.03.060 of this Article. In addition:
(1)
Individual sewage treatment facilities shall not
exceed a flow of five thousand (5,000) gallons per day.
(2)
Mortuary and cemetery use requires two hundred
(200) feet of frontage on a state roadway and must be adjacent to
an existing commercial district.
(3)
Public utility facilities over sixty (60) feet
in height require a CUP.
b.
Lot area.
|
Residential Dwelling Type
|
Minimum Lot Size (per unit)
(square feet)
| |
|---|---|---|
|
Dwelling, single-family
|
4,500
| |
|
Dwelling, two-family
|
4,500
| |
|
Dwelling, three-family
|
4,000
| |
|
Dwelling, multifamily
|
4,000
| |
|
Non-Residential Uses
|
Minimum Lot Size (per unit)
(square feet)
| |
|---|---|---|
|
Cemetery or mortuary
|
3 acres
| |
|
Churches and other places of worship
|
1/2 acre
| |
|
Day-care center
|
4,500 square feet
| |
|
Group home
|
4,500 square feet
| |
|
Group residential facility in general
|
3 acres
| |
|
Group residential facility for residential substance abuse treatment
facility
|
3 acres
| |
|
For a facility with more than 8 resident patients
|
5 acres
| |
|
Educational facilities
| ||
|
Nursery or day nursery
|
15,000 square feet
| |
|
Kindergarten
|
1 acre
| |
|
Primary
|
5 acres
| |
|
Junior high
|
10 acres
| |
|
Senior high
|
20 acres
| |
|
Collegiate
|
10 acres
| |
|
Library
|
1/2 acre
| |
|
Public safety facility
|
10,000 square feet
| |
|
Public utility facility
|
10,000 square feet
| |
|
All other non-residential uses
|
5 acres
| |
(1)
Any lot or tract of record on the effective date
of this UDC which contains less than four thousand five hundred (4,500)
square feet may be used as a site for one (1) single-family dwelling,
together with accessory structures and uses.
(2)
Clubs or community centers, as approved with a
CUP, may be established on tracts of land less than five (5) acres
where the related parking needs, outdoor facilities, size of buildings
and maximum membership of the developments and uses are deemed consistent
with the intensity of land use in the neighborhood of the uses and
developments. However, the minimum tract area for the conditional
developments and uses shall not be less than ten thousand (10,000)
square feet.
c.
Height.
(1)
No building elevation of any dwelling structure
or building accessory to a dwelling structure shall exceed four (4)
stories in height, including any basement dwelling space.
(2)
All other structures, other than a public utility tower authorized by a CUP, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.04.060 of this UDC pertaining to air navigation space regulations.
(3)
Any non-residential structure, other than a public
utility tower authorized by a CUP, which exceeds thirty (30) feet
in height shall be set back from all property lines at least one (1)
additional foot for every foot of height above thirty (30) feet.
d.
Minimum Structure Setbacks For Residential And Non-Residential
Uses.
(1)
The minimum front yard setback from any roadway
right-of-way line shall be twenty (20) feet.
(2)
Side yard.
(a)
No single-family dwelling or unattached side of
an attached single-family dwelling or structure accessory to a single-family
or attached single-family dwelling, except as noted, shall be allowed
within five (5) feet of any side property line.
(b)
Detached garages accessory to unattached single-family
dwellings shall be a minimum of three (3) feet from any side property
line.
(c)
No other structure shall be allowed within ten
(10) feet of any side property line.
(3)
Rear yard.
(a)
No structure, except single-family attached dwellings
and detached garages accessory to unattached single-family dwellings,
shall be allowed within fifteen (15) feet of any rear property line.
(b)
Unattached sides of single-family attached dwellings
shall be a minimum of fifteen (15) feet from any rear property line.
(c)
Detached garages accessory to unattached single-family
dwellings shall be a minimum of three (3) feet from any rear property
line.
(4)
Setback between buildings. No wall of any separate
(detached) structure, other than a single-family dwelling or its accessory
structure, shall be located closer to any wall of another structure
than as set forth in the following table:
|
Setback Requirement
(feet)
| ||||
|---|---|---|---|---|
|
Wall
|
Front
|
Side
|
Rear
|
Detached Accessory Building Wall
|
|
Front
|
50, plus 10 for each story over 2 stories
|
30; 20 if side wall has no windows
|
100
|
30
|
|
Side
|
30; 20 if side wall has no windows
|
20
|
30
|
10
|
|
Rear
|
100
|
30
|
50
|
20
|
|
NOTE:
|
|---|
|
Any dimension given in the table above shall include the side
yard required for a single-family dwelling when any described wall
faces the side lot of any separately owned property, whether or not
any structure is located on said property.
|
e.
In the event that more than fifty percent (50%)
of the existing dwelling structures on the same side of a street and
in both directions from a lot, for a distance of five hundred (500)
feet or to the nearest intersecting street, whichever distance is
less, have a variation in front yard setbacks of no more than ten
(10) feet, the required front yard for that lot shall be the average
setback of those structures. However, in no case shall any building
be located closer than fifteen (15) feet to any roadway right-of-way
line, nor shall a setback of greater than fifty (50) feet be required.
f.
If a lot of record existing on the effective date
of this UDC has a width of sixty (60) feet or less, the side yard
on each side of any structure erected on such lot may be reduced to
a width of not less than ten percent (10%) of the width of the lot,
but in no instances shall such yard be less than five (5) feet in
width.
g.
Parking lots for five (5) or more vehicles, loading
spaces, or internal drives, except ingress and egress drives, shall
be set back a minimum of twenty (20) feet from any roadway right-of-way
and ten (10) feet from any adjoining property in a PS, NU, or any
residential district. No setback is required from adjoining properties
in a C or M District unless required by the conditions of a conditional
use permit.
h.
Lighting. Light standards for streetlighting or
at points of ingress and egress, but not including parking lot lighting,
are allowed within the minimum front yard setback when approved by
the Department. Light standards for parking lot lighting are allowed
no closer than ten (10) feet from any side or rear yard line which
adjoins property in the NU Non-Urban, PS Park and Scenic, or any residential
district.
i.
Multifamily, row house, or group home developments
shall have a minimum common open space area of forty percent (40%.)
j.
Development standards for nursing homes.
(1)
Densities of self-care units shall not exceed twenty-five
(25) units per acre.
(2)
No building within a nursing home development shall
exceed a height of four (4) stories or sixty (60) feet above the average
ground elevation at the perimeter of the building, whichever is less.
(3)
No building within a nursing home development shall
be allowed within a minimum of thirty (30) feet of any property line.
(4)
Accessory commercial uses in the form of limited
service and retail commercial uses, not to exceed five percent (5%)
of the total gross floor area of the self-care building or buildings,
excluding garages, to be located within one (1) self-care building,
shall be permitted in conjunction with existing nursing homes with
a minimum of one hundred (100) beds and fifty (50) self-care units.
There shall be no indication, through signs or other devices on the
exterior, that such commercial uses are in existence. Uses authorized
may include a financial facility, excluding drive-up and external
walk-up facilities, barber- and beauty shop, food store or drugstore,
laundry or dry cleaning pickup, and newspaper stand and card shop.
k.
Development standards for residential substance
abuse treatment centers.
(1)
Densities shall not exceed eight (8) resident patients
and two (2) houseparents or support staff, per facility for lots less
than five (5) acres.
(2)
No building within a residential substance abuse
treatment facility development shall exceed a height of three (3)
stories or forty-five (45) feet above the average ground elevation
at the perimeter of the building, whichever is less.
(3)
No building within a residential substance abuse
treatment facility development shall be allowed within a minimum of
fifty (50) feet of any property line.
(4)
Residential substance abuse treatment facilities
shall maintain a minimum radius of two (2) miles between each facility.
4.
The procedure for zoning to the R-6A District and site plan
approval is established in Article 02 of this UDC.
M.
R-6AA Residential District.
1.
Purpose. The R-6AA District is established to provide for residential
dwellings and uses, to allow for such other related uses which are
of a residential nature and are compatible with the character of the
district, and to provide district regulations and development requirements.
2.
Scope Of Provisions. This Section contains the regulations of
the R-6AA District which are supplemented and qualified by additional
general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements
in Article 04 of this UDC, the following performance standards are
applicable to the R-6AA District:
a.
Uses. Permitted and conditional uses for the R-6AA District are found in Section 405.03.060 of this Article. In addition:
(1)
Individual sewage treatment facilities shall not
exceed a flow of 5,000 gallons per day.
(2)
Mortuary and cemetery use requires two hundred
(200) feet of frontage on a state roadway and must be adjacent to
an existing commercial district.
(3)
Public utility facilities over sixty (60) feet
in height require a CUP.
b.
Lot area.
|
Residential Dwelling Type
|
Minimum Lot Size (per unit)
(square feet)
|
|---|---|
|
Dwelling, single-family
|
4,500
|
|
Dwelling, two-family
|
4,500
|
|
Dwelling, three-family
|
3,500
|
|
Dwelling, multifamily
|
3,000
|
|
Other Uses
|
Minimum Lot Size
| |
|---|---|---|
|
Cemetery or mortuary
|
3 acres
| |
|
Churches and other places of worship
|
1/2 acre
| |
|
Day-care center
|
4,500 square feet
| |
|
Group home
|
4,500 square feet
| |
|
Group residential facility
|
3 acres
| |
|
Educational facilities
| ||
|
Nursery or day nursery
|
15,000 square feet
| |
|
Kindergarten
|
1 acre
| |
|
Primary
|
5 acres
| |
|
Junior high
|
10 acres
| |
|
Senior high
|
20 acres
| |
|
Collegiate
|
10 acres
| |
|
Library
|
1/2 acre
| |
|
Public safety facility
|
10,000 square feet
| |
|
Public utility facility
|
10,000 square feet
| |
|
All other non-residential uses
|
5 acres
| |
(1)
Any lot or tract of record on the effective date
of this UDC which contains less than four thousand five hundred (4,500)
square feet may be used as a site for one (1) single-family dwelling,
together with accessory structures and uses.
(2)
Clubs or community centers, as approved with a
CUP, may be established on tracts of land less than five (5) acres
where the related parking needs, outdoor facilities, size of buildings,
and maximum membership of the developments and uses are deemed consistent
with the intensity of land use in the neighborhood of the uses and
developments. However, the minimum tract area for the conditional
developments and uses shall not be less than ten thousand (10,000)
square feet.
c.
Height.
(1)
No building elevation of any dwelling structure
or building accessory to a dwelling structure shall exceed four (4)
stories in height, including any basement dwelling space.
(2)
All other structures, other than a public utility tower authorized by a CUP, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.04.060 of this UDC pertaining to air navigation space regulations.
(3)
Any non-residential structure, other than a public
utility tower authorized by a CUP, which exceeds thirty (30) feet
in height shall be set back from all property lines at least one (1)
additional foot for every foot of height above thirty (30) feet.
d.
Minimum Structure Setbacks For Residential And Non-Residential
Uses.
(1)
The minimum front yard setback from any roadway
right-of-way line shall be twenty (20) feet.
(2)
Side yard.
(a)
No single-family dwelling or unattached side of
an attached single-family dwelling or structure accessory to a single-family
or attached single-family dwelling, except as noted, shall be allowed
within five (5) feet of any side property line.
(b)
Detached garages accessory to unattached single-family
dwellings shall be a minimum of three (3) feet from any side property
line.
(c)
No other structure shall be allowed within ten
(10) feet of any side property line.
(3)
Rear yard.
(a)
No structure, except single-family attached dwellings
and detached garages accessory to unattached single-family dwellings,
shall be allowed within fifteen (15) feet of any rear property line.
(b)
Unattached sides of single-family attached dwellings
shall be a minimum of fifteen (15) feet from any rear property line.
(c)
Detached garages accessory to unattached single-family
dwellings shall be a minimum of three (3) feet from any rear property
line.
(4)
Setback between buildings. No wall of any separate
(detached) structure, other than a single-family dwelling or its accessory
structure, shall be located closer to any wall of another structure
than as set forth in the following table:
|
Setback Requirement
(feet)
| ||||
|---|---|---|---|---|
|
Wall
|
Front
|
Side
|
Rear
|
Detached accessory building wall
|
|
Front
|
50, plus 10 for each story over 2 stories
|
30; 20 if side wall has no windows
|
100
|
30
|
|
Side
|
30; 20 if side wall has no windows
|
20
|
30
|
10
|
|
Rear
|
100
|
30
|
50
|
20
|
|
NOTE:
|
|---|
|
Any dimension given in the table above shall include the side
yard required for a single-family dwelling when any described wall
faces the side lot of any separately owned property, whether or not
any structure is located on said property.
|
e.
In the event that more than fifty percent (50%)
of the existing dwelling structures on the same side of a street and
in both directions from a lot, for a distance of five hundred (500)
feet or to the nearest intersecting street, whichever distance is
less, have a variation in front yard setbacks of no more than ten
(10) feet, the required front yard for that lot shall be the average
setback of those structures. However, in no case shall any building
be located closer than fifteen (15) feet to any roadway right-of-way
line, nor shall a setback of greater than fifty (50) feet be required.
f.
If a lot of record existing on the effective date
of this UDC has a width of sixty (60) feet or less, the side yard
on each side of any structure erected on such lot may be reduced to
a width of not less than ten percent (10%) of the width of the lot,
but in no instances shall such yard be less than five (5) feet in
width.
g.
Parking lots for five (5) or more vehicles, loading
spaces, or internal drives, except ingress and egress drives, shall
be set back a minimum of twenty (20) feet from any roadway right-of-way
and ten (10) feet from any adjoining property in a PS, NU, or any
residential district. No setback is required from adjoining properties
in a C or M District unless required by the conditions of a conditional
use permit.
h.
Lighting. Light standards for streetlighting or
at points of ingress and egress, but not including parking lot lighting,
are allowed within the minimum front yard setback when approved by
the Department. Light standards for parking lot lighting are allowed
no closer than ten (10) feet from any side or rear yard line which
adjoins property in the NU Non-Urban, PS Park and Scenic, or any residential
district.
i.
Multifamily, row house, or group home developments
shall have a minimum common open space area of forty (40%).
j.
Development standards for nursing homes.
(1)
Densities of self-care units shall not exceed twenty-five
(25) units per acre.
(2)
No building within a nursing home development shall
exceed a height of four (4) stories or sixty (60) feet above the average
ground elevation at the perimeter of the building, whichever is less.
(3)
No building within a nursing home development shall
be allowed within a minimum of thirty (30) feet of any property line.
(4)
Accessory commercial uses in the form of limited
service and retail commercial uses, not to exceed five percent (5%)
of the total gross floor area of the self-care building or buildings,
excluding garages, to be located within one (1) self-care building,
shall be permitted in conjunction with existing nursing homes with
a minimum of one hundred (100) beds and fifty (50) self-care units.
There shall be no indication, through signs or other devices on the
exterior, that such commercial uses are in existence. Uses authorized
may include a financial facility, excluding drive-up and external
walk-up facilities, barber- and beauty shop, food store or drugstore,
laundry or dry cleaning pickup, and newspaper stand and card shop.
k.
Development standards for group residential facility
use, specifically for residential substance abuse treatment centers.
(1)
Densities shall not exceed eight (8) resident patients
and two (2) houseparents or support staff per facility for lots less
than five (5) acres.
(2)
No building within a residential substance abuse
treatment facility development shall exceed a height of three (3)
stories or forty-five (45) feet above the average ground elevation
at the perimeter of the building, whichever is less.
(3)
No building within a residential substance abuse
treatment facility development shall be allowed within a minimum of
fifty (50) feet of any property line.
(4)
Residential substance abuse treatment facilities
shall maintain a minimum radius of two (2) miles between each facility.
4.
The procedure for zoning to the R-6AA District and site plan
approval is established in Article 02 of this UDC.
N.
R-6 Residential District.
1.
Purpose. The R-6 District is established to provide for residential
dwellings and uses, to allow for such other related uses which are
of a residential nature and are compatible with the character of the
district, and to provide district regulations and development requirements.
2.
Scope Of Provisions. This Section contains the regulations of
the R-6 District which are supplemented and qualified by additional
general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements
in Article 04 of this UDC, the following performance standards are
applicable to the R-6 District:
a.
Uses. Permitted and Conditional Uses for the R-6 District are found in Section 405.03.060 of this Article. In addition:
b.
Lot area.
|
Residential Dwelling Uses
|
Minimum Lot Size (per unit)
(square feet)
|
|---|---|
|
Dwelling, single-family
|
4,500
|
|
Dwelling, two-family
|
2,500
|
|
Dwelling, three-family
|
2,000
|
|
Dwelling, multifamily
|
2,000
|
|
Non-Residential Uses
|
Minimum Lot Size
| |
|---|---|---|
|
Cemetery or mortuary
|
3 acres
| |
|
Churches and other places of worship
|
1/2 acre
| |
|
Day-care center
|
4,500 square feet
| |
|
Group home
|
4,500 square feet
| |
|
Group residential facilities: in general
|
3 acres
| |
|
Group residential facility for residential substance abuse treatment
facilities
|
3 acres
| |
|
For a facility with more than 8 resident patients
|
5 acres
| |
|
Educational facilities
| ||
|
Nursery school
|
15,000 square feet
| |
|
Kindergarten
|
1 acre
| |
|
Primary
|
5 acres
| |
|
Junior high
|
10 acres
| |
|
Senior high
|
20 acres
| |
|
Collegiate
|
10 acres
| |
|
Library
|
1/2 acre
| |
|
Public safety facility
|
10,000 square feet
| |
|
Public utility facility
|
10,000 square feet
| |
|
All other non-residential uses
|
5 acres
| |
(1)
Any lot or tract of record on the effective date
of this UDC which contains less than four thousand five hundred (4,500)
square feet may be used as a site for one (1) single-family dwelling,
together with accessory structures and uses.
(2)
Clubs or community centers, as approved with a
CUP, may be established on tracts of land less than five (5) acres
where the related parking needs, outdoor facilities, size of buildings,
and maximum membership of the developments and uses are deemed consistent
with the intensity of land use in the neighborhood of the uses and
developments. However, the minimum tract area for the conditional
developments and uses shall not be less than ten thousand (10,000)
square feet.
c.
Height.
(1)
No building elevation of any dwelling structure
or building accessory to a dwelling structure shall exceed four (4)
stories in height, including any basement dwelling space.
(2)
All other structures, other than a public utility tower authorized by a CUP, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.04.060 of this UDC pertaining to air navigation space regulations.
(3)
Any non-residential structure, other than a public
utility tower authorized by a CUP, which exceeds thirty (30) feet
in height shall be set back from all property lines at least one (1)
additional foot for every foot of height above thirty (30) feet.
d.
Minimum Structure Setbacks For Residential And Non-Residential
Uses.
(1)
The minimum front yard setback from any roadway
right-of-way line shall be twenty (20) feet.
(2)
Side yard.
(a)
No single-family dwelling or unattached side of
an attached single-family dwelling or structure accessory to a single-family
or attached single-family dwelling, except as noted, shall be allowed
within five (5) feet of any side property line.
(b)
Detached garages accessory to unattached single-family
dwellings shall be a minimum of three (3) feet from any side property
line.
(c)
No other structure shall be allowed within ten
(10) feet of any side property line.
(3)
Rear yard.
(a)
No structure, except single-family attached dwellings
and detached garages accessory to unattached single-family dwellings,
shall be allowed within fifteen (15) feet of any rear property line.
(b)
Unattached sides of single-family attached dwellings
shall be a minimum of fifteen (15) feet from any rear property line.
(c)
Detached garages accessory to unattached single-family
dwellings shall be a minimum of three (3) feet from any rear property
line.
(4)
Setback between buildings. No wall of any separate
(detached) structure, other than a single-family dwelling or its accessory
structure, shall be located closer to any wall of another structure
than as set forth in the following table:
|
Setback Requirement
(feet)
| ||||
|---|---|---|---|---|
|
Wall
|
Front
|
Side
|
Rear
|
Detached Accessory Building Wall
|
|
Front
|
50, plus 10 for each story over 2 stories
|
30; 20 if side wall has no windows
|
100
|
30
|
|
Side
|
30; 20 if side wall has no windows
|
20
|
30
|
10
|
|
Rear
|
100
|
30
|
50
|
20
|
|
NOTE:
|
|---|
|
Any dimension given in the table above shall include the side
yard required for a single-family dwelling, when any described wall
faces the side lot of any separately owned property, whether or not
any structure is located on said property.
|
e.
In the event that more than fifty percent (50%)
of the existing dwelling structures on the same side of a street and
in both directions from a lot, for a distance of five hundred (500)
feet or to the nearest intersecting street, whichever distance is
less, have a variation in front yard setbacks of no more than ten
(10) feet, the required front yard for that lot shall be the average
setback of those structures. However, in no case shall any building
be located closer than fifteen (15) feet to any roadway right-of-way
line, nor shall a setback of greater than fifty (50) feet be required.
f.
If a lot of record existing on the effective date
of this UDC has a width of sixty (60) feet or less, the side yard
on each side of any structure erected on such lot may be reduced to
a width of not less than ten percent (10%) of the width of the lot,
but in no instances shall such yard be less than five (5) feet in
width.
g.
Parking lots for five (5) or more vehicles, loading
spaces, or internal drives, except ingress and egress drives, shall
be set back a minimum of twenty (20) feet from any roadway right-of-way
and ten (10) feet from any adjoining property in a PS, NU, or any
residential district. No setback is required from adjoining properties
in a C or M District unless required by the conditions of a conditional
use permit.
h.
Lighting. Light standards for streetlighting or
at points of ingress and egress, but not including parking lot lighting,
are allowed within the minimum front yard setback when approved by
the Department. Light standards for parking lot lighting are allowed
no closer than ten (10) feet from any side or rear yard line which
adjoins property in the NU Non-Urban, PS Park and Scenic, or any residential
district.
i.
Multifamily, row house, or group home developments
shall have a minimum common open space area of forty percent (40%).
j.
Development standards for nursing homes.
(1)
Densities of self-care units shall not exceed twenty-five
(25) units per acre.
(2)
No building within a nursing home development shall
exceed a height of four (4) stories or sixty (60) feet above the average
ground elevation at the perimeter of the building, whichever is less.
(3)
No building within a nursing home development shall
be allowed within a minimum of thirty (30) feet of any property line.
(4)
Accessory commercial uses in the form of limited
service and retail commercial uses, not to exceed five percent (5%)
of the total gross floor area of the self-care building or buildings,
excluding garages, to be located within one (1) self-care building,
shall be permitted in conjunction with existing nursing homes with
a minimum of one hundred (100) beds and fifty (50) self-care units.
There shall be no indication, through signs or other devices on the
exterior, that such commercial uses are in existence. Uses authorized
may include a financial facility, excluding drive-up and external
walk-up facilities, barber- and beauty shop, food store or drugstore,
laundry or dry cleaning pickup, and newspaper stand and card shop.
k.
Development standards for residential substance
abuse treatment centers.
(1)
Densities shall not exceed eight (8) resident patients
and two (2) houseparents or support staff per facility for lots less
than five (5) acres.
(2)
No building within a residential substance abuse
treatment facility development shall exceed a height of three (3)
stories or forty-five (45) feet above the average ground elevation
at the perimeter of the building, whichever is less.
(3)
No building within a residential substance abuse
treatment facility development shall be allowed within a minimum of
fifty (50) feet of any property line.
(4)
Residential substance abuse treatment facilities
shall maintain a minimum radius of two (2) miles between each facility.
4.
The procedure for zoning to the R-6 District and site plan approval
is established in Article 02 of this UDC.
O.
R-7 Residential District.
1.
Purpose. The R-7 District is established to provide for residential
dwellings and uses, to allow for such other related uses which are
of a residential nature and are compatible with the character of the
district, and to provide district regulations and development requirements.
2.
Scope Of Provisions. This Section contains the regulations of
the R-7 District which are supplemented and qualified by additional
general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements
in Article 04 of this UDC, the following performance standards are
applicable to the R-7 District:
a.
Uses. Permitted and conditional uses for the R-7 District are found in Section 405.03.060 of this Article. In addition:
(1)
Individual sewage treatment facilities shall not
exceed a flow of five thousand (5,000) gallons per day.
(2)
Mortuary and cemetery use requires two hundred
(200) feet of frontage on a state roadway and must be adjacent to
an existing commercial district.
(3)
Public utility facilities over sixty (60) feet
in height require a CUP.
b.
Lot area.
|
Residential Dwellings
|
Minimum Lot Area (per unit)
(square feet)
|
|---|---|
|
Dwelling, single-family
|
4,500
|
|
Dwelling, two-family
|
2,500
|
|
Dwelling, three-family
|
2,000
|
|
Dwelling, multifamily
|
1,750
|
|
Other Uses
|
Minimum Lot Area
| |
|---|---|---|
|
Cemetery and mausoleum
|
3 acres
| |
|
Churches and other places of worship
|
1/2 acre
| |
|
Day-care center
|
4,500 square feet
| |
|
Group home
|
4,500 square feet
| |
|
Group residential facility: in general
|
3 acres
| |
|
Group residential facility for residential substance abuse treatment
facility
|
3 acres
| |
|
For facility with more than 8 resident patients
|
5 acres
| |
|
Educational facilities
| ||
|
Nursery school
|
15,000 square feet
| |
|
Kindergarten
|
1 acre
| |
|
Primary
|
5 acres
| |
|
Junior high
|
10 acres
| |
|
Senior high
|
20 acres
| |
|
Collegiate
|
10 acres
| |
|
Library
|
1/2 acre
| |
|
Public safety facility
|
10,000 square feet
| |
|
Public utility facility
|
10,000 square feet
| |
|
All other non-residential uses
|
12,000 square feet
| |
(1)
Any lot or tract of record on the effective date
of this UDC which contains less than four thousand five hundred (4,500)
square feet may be used as a site for one (1) single-family dwelling
together with accessory structures and uses.
(2)
Foster homes for handicapped children and not-for-profit
private clubs and recreational land uses, including community center,
as approved by the Planning Commission via a conditional use permit,
may be established on tracts of land less than twelve thousand (12,000)
square feet where the related parking needs, outdoor facilities, size
of buildings, and maximum membership of the developments and uses
are deemed consistent with the intensity of land use in the neighborhood
of the uses and developments. However, the minimum tract area for
the conditional developments and uses shall not be less than eight
thousand (8,000) square feet.
(3)
Specialized private schools shall be located on
a tract of land containing one (1) acre for each fifteen (15) pupils,
but in no case less than five (5) acres, nor more than that required
by the school land area requirements, as listed in the table above.
c.
Height. No structure, other than a public utility tower authorized by a conditional use permit, shall exceed a height of two hundred (200) feet above the average finished ground elevation at the perimeter of the structure; except that the height of structures may be further restricted as provided in Section 405.04.060 of this UDC pertaining to air navigation space regulations.
d.
Non-residential uses.
(1)
The minimum front yard setback from any roadway
right-of-way line shall be twenty (20) feet.
(2)
Side yard.
(a)
No single-family dwelling or unattached side of
an attached single-family dwelling or structure accessory to a single-family
or attached single-family dwelling, except as noted, shall be allowed
within five (5) feet of any side property line.
(b)
Detached garages accessory to unattached single-family
dwellings shall be a minimum of three (3) feet from any side property
line.
(c)
No other structure shall be allowed within ten
(10) feet of any side property line.
(3)
Rear yard.
(a)
No structure, except single-family attached dwellings
and detached garages accessory to unattached single-family dwellings,
shall be allowed within fifteen (15) feet of any rear property line.
(b)
Unattached sides of single-family attached dwellings
shall be a minimum of fifteen (15) feet from any rear property line.
(c)
Detached garages accessory to unattached single-family
dwellings shall be a minimum of three (3) feet from any rear property
line.
(4)
Setback between buildings. No wall of any separate
(detached) structure, other than a single-family dwelling or its accessory
structure, shall be located closer to any wall of another structure
than as set forth in the following table:
|
Setback Requirement
(feet)
| ||||
|---|---|---|---|---|
|
Wall
|
Front
|
Side
|
Rear
|
Detached Accessory Building Wall
|
|
Front
|
50 plus 1 for each 2 feet above 45 feet
|
30; 20 if side wall has no windows, plus 1 for each 3 feet of
height above 45 feet
|
30, except 20 if side wall has no windows; plus 1 for 3 feet
of height above 45 feet for each building
|
30, plus 1 for each 2 feet of height above 45 feet for each
building
|
|
Side
|
30; 20 if side wall has no windows, plus 1 for 3 feet of height
above 45 feet
|
20, plus 1 for each 3 feet of height above 45 feet for each
building
|
20, plus 1 for each 3 feet of height above 45 feet for each
building
|
10, plus 1 for each 2 feet of height above 45 feet for each
building
|
|
Rear
|
30; 20 if side wall has no windows, plus 1 for 3 feet of height
above 45 feet
|
20, plus 1 for each 3 feet of height above 45 feet for each
building
|
20, plus 1 for each 3 feet of height above 45 feet for each
building
|
10, plus 1 for each 2 feet of height above 45 feet for each
building
|
|
NOTE:
|
|---|
|
Any dimension given in the table above shall include the side
yard required for a single-family dwelling, when any described wall
faces the side lot of any separately owned property, whether or not
any structure is located on said property.
|
e.
In the event that more than fifty percent (50%)
of the existing dwelling structures on the same side of a street and
in both directions from a lot, for a distance of five hundred (500)
feet or to the nearest intersecting street, whichever distance is
less, have a variation in front yard setbacks of no more than ten
(10) feet, the required front yard for that lot shall be the average
setback of those structures. However, in no case shall any building
be located closer than fifteen (15) feet from any roadway right-of-way
line, nor shall a setback of greater than fifty (50) feet be required.
f.
If a lot of record existing on the effective date
of this UDC has a width of sixty (60) feet or less, the side yard
on each side of any structure erected on such lot may be reduced to
a width of not less than ten percent (10%) of the width of the lot,
but in no instances shall such yard be less than five (5) feet in
width.
g.
Parking lots for five (5) or more vehicles, loading
spaces, or internal drives, except ingress and egress drives, shall
be set back a minimum of twenty (20) feet from any roadway right-of-way
and ten (10) feet from any adjoining property in a PS, NU, or any
residential district. No setback is required from adjoining properties
in a C or M District unless required by the conditions of a conditional
use permit.
h.
Lighting. Light standards for streetlighting or
at points of ingress and egress, but not including parking lot lighting,
are allowed within the minimum front yard setback when approved by
the Department. Light standards for parking lot lighting are allowed
no closer than ten (10) feet from any side or rear yard line which
adjoins property in the NU Non-Urban, PS Park and Scenic, or any residential
district.
i.
Multifamily, row houses, or group home developments
shall have a minimum common open space area of forty percent (40%).
j.
Development standards for nursing homes.
(1)
Densities of self-care units shall not exceed thirty-five
(35) units per acre.
(2)
No building within a nursing home development shall
exceed two hundred (200) feet above the average ground elevation at
the perimeter of the building.
(3)
No building within a nursing home development shall
be allowed within twenty (20) feet of any property line.
(4)
Accessory commercial uses in the form of limited
service and retail commercial uses, not to exceed five percent (5%)
of the total gross floor area of the self-care building or buildings,
excluding garages, to be located within one (1) self-care building,
shall be permitted in conjunction with existing nursing homes with
a minimum of one hundred (100) beds and fifty (50) self-care units.
There shall be no indication, through signs or other devices on the
exterior, that such commercial uses are in existence. Uses authorized
may include a financial facility, excluding drive-up and external
walk-up facilities, barber- and beauty shop, food store or drugstore,
laundry or dry cleaning pickup, and newspaper stand and card shop.
k.
Development standards for residential substance
abuse treatment centers.
(1)
Densities shall not exceed eight (8) resident patients
and two (2) houseparents or support staff per facility for lots less
than five (5) acres.
(2)
No building within a residential substance abuse
treatment facility development shall exceed a height of three (3)
stories or forty-five (45) feet above the average ground elevation
at the perimeter of the building, whichever is less.
(3)
No building within a residential substance abuse
treatment facility development shall be allowed within a minimum of
fifty (50) feet of any property line.
(4)
Residential substance abuse treatment facilities
shall maintain a minimum radius of two (2) miles between each facility.
4.
The procedure for zoning to the R-7 District and site plan approval
is established in Article 02 of this UDC.
P.
R-8 Residential District.
1.
Purpose. The R-8 District is established to provide for residential
dwellings and uses, to allow for such other related uses which are
of a residential nature and are compatible with the character of the
district, and to provide district regulations and development requirements.
2.
Scope Of Provisions. This Section contains the regulations of
the R-8 District which are supplemented and qualified by additional
general regulations appearing elsewhere in the UDC.
3.
In addition to the development standards and district requirements
in Article 04 of this UDC, the following performance standards are
applicable to the R-8 District:
a.
Uses. Permitted and conditional uses for the R-8 District are found in Section 405.03.060 of this Article. In addition:
(1)
Individual sewage treatment facilities shall not
exceed a flow of five thousand (5,000) gallons per day.
(2)
Mortuary and cemetery use requires two hundred
(200) feet of frontage on a state roadway and must be adjacent to
an existing commercial district.
(3)
Public utility facilities over sixty (60) feet
in height require a CUP.
b.
Lot area.
|
Residential Dwellings
|
Minimum Lot Area (per unit)
(square feet)
|
|---|---|
|
Dwelling, single-family
|
4,500
|
|
Dwelling, two-family
|
2,500
|
|
Dwelling, three-family
|
2,000
|
|
Dwelling, multifamily
|
500
|
|
Other Uses
|
Minimum Lot Area
| |
|---|---|---|
|
Cemetery or mortuary
|
3 acres
| |
|
Churches and other places of worship
|
30,000 square feet
| |
|
Day-care center
|
4,500 square feet
| |
|
Group home
|
10,000 square feet
| |
|
Group residential facilities: in general
|
1/2 acre
| |
|
Group residential facility for residential substance abuse treatment
facilities
|
3 acres
| |
|
For facility with more than 8 resident patients
|
5 acres
| |
|
Library
|
4,500
| |
|
Educational facilities
| ||
|
Nursery school
|
15,000
| |
|
Kindergarten
|
1 acre
| |
|
Primary
|
5 acres
| |
|
Junior high
|
10 acres
| |
|
Senior high
|
20 acres
| |
|
Collegiate
|
10 acres
| |
|
Public safety facility
|
3 acres
| |
|
Public utility facility
|
4,500 square feet
| |
|
All other non-residential uses
|
12,000 square feet
| |
(1)
Any lot or tract of record on the effective date
of this UDC which contains less than 4,500 square feet may be used
as a site for one (1) single-family dwelling, together with accessory
structures and uses.
(2)
Clubs or community centers, as approved with a
CUP, may be established on tracts of land less than twelve thousand
(12,000) square feet where the related parking needs, outdoor facilities,
size of buildings, and maximum membership of the developments and
uses are deemed consistent with the intensity of land use in the neighborhood
of the uses and developments. However, the minimum tract area for
the conditional developments and uses shall not be less than eight
thousand (8,000) square feet.
(3)
Specialized private schools shall be located on
a tract of land containing one (1) acre for each fifteen (15) pupils,
but in no case less than five (5) acres, nor more than that required
by the school land area requirements, as listed in the table above.
c.
Height. No structure, other than a public utility tower authorized by a conditional use permit, shall exceed a height of two hundred (200) feet above the average finished ground elevation at the perimeter of the structure; except that the height of structures may be further restricted as provided in Section 405.04.060 of this UDC pertaining to air navigation space regulations.
d.
Minimum Structure Setbacks For Residential And Non-Residential
Uses.
(1)
The minimum front yard setback from any roadway
right-of-way line shall be twenty (20) feet.
(2)
Side yard.
(a)
No single-family dwelling or unattached side of
an attached single-family dwelling or structure accessory to a single-family
or attached single-family dwelling except as noted shall be allowed
within five (5) feet of any side property line.
(b)
Detached garages accessory to unattached single-family
dwellings shall be a minimum of three (3) feet from any side property
line.
(c)
No other structure shall be allowed within ten
(10) feet of any side property line.
(3)
Rear yard.
(a)
No structure, except single-family attached dwellings
and detached garages accessory to unattached single-family dwellings,
shall be allowed within fifteen (15) feet of any rear property line.
(b)
Unattached sides of single-family attached dwellings
shall be a minimum of fifteen (15) feet from any rear property line.
(c)
Detached garages accessory to unattached single-family
dwellings shall be a minimum of three (3) feet from any rear property
line.
(4)
Setback between buildings. No wall of any separate
(detached) structure, other than a single-family or its accessory
structure, shall be located closer to any wall of another structure
than as set forth in the following table:
|
Setback Requirement
(feet)
| ||||
|---|---|---|---|---|
|
Wall
|
Front
|
Side
|
Rear
|
Detached Accessory Building Wall
|
|
Front
|
50, plus 1 for each 2 feet above 45 feet
|
30; 20 if side wall has no windows, plus 1 for each 3 feet of
height above 45 feet
|
30; except 20 if side wall has no windows, plus 1 for 3 feet
of height above 45 feet for each building
|
30, plus 1 for each 2 feet of height above 45 feet for each
building
|
|
Side
|
30; 20 if side wall has no windows, plus 1 for 3 feet of height
above 45 feet
|
20, plus 1 for each 3 feet of height above 45 feet for each
building
|
20, plus 1 for each 3 feet of height above 45 feet for each
building
|
10, plus 1 for each 2 feet of height above 45 feet for each
building
|
|
Rear
|
30; 20 if side wall has no windows, plus 1 for 3 feet of height
above 45 feet
|
20, plus 1 for each 3 feet of height above 45 feet for each
building
|
20, plus 1 for each 3 feet of height above 45 feet for each
building
|
10, plus 1 for each 2 feet of height above 45 feet for each
building
|
|
NOTE:
|
|---|
|
Any dimension given in the table above shall include the side
yard required for a single-family dwelling, when any described wall
faces the side lot of any separately owned property, whether or not
any structure is located on said property.
|
e.
In the event that more than fifty percent (50%)
of the existing dwelling structures on the same side of a street and
in both directions from a lot, for a distance of five hundred (500)
feet or to the nearest intersecting street, whichever distance is
less, have a variation in front yard setbacks of no more than ten
(10) feet, the required front yard for that lot shall be the average
setback of those structures. However, in no case shall any building
be located closer than fifteen (15) feet from any roadway right-of-way
line, nor shall a setback of greater than fifty (50) feet be required.
f.
If a lot of record existing on the effective date
of this UDC has a width of sixty (60) feet or less, the side yard
on each side of any structure erected on such lot may be reduced to
a width of not less than ten percent (10%) of the width of the lot,
but in no instances shall such yard be less than five (5) feet in
width.
g.
Parking lots for five (5) or more vehicles, loading
spaces, or internal drives, except ingress and egress drives, shall
be set back a minimum of twenty (20) feet from any roadway right-of-way
and ten (10) feet from any adjoining property in a PS, NU, or any
residential district. No setback is required from adjoining properties
in a C or M District unless required by the conditions of a conditional
use permit.
h.
Lighting. Light standards for streetlighting or
at points of ingress and egress, but not including parking lot lighting,
are allowed within the minimum front yard setback when approved by
the Department. Light standards for parking lot lighting are allowed
no closer than ten (10) feet of any side or rear yard line which adjoins
property in the NU Non-Urban, PS Park and Scenic, or any residential
district.
i.
Multifamily, row house, or group home developments
shall have a minimum common open space area of forty percent (40%).
j.
Development standards for nursing homes.
(1)
Densities of self-care units shall not exceed ninety
(90) units per acre.
(2)
No building within a nursing home development shall
exceed two hundred (200) feet above the average ground elevation at
the perimeter of the building.
(3)
No building within a nursing home development shall
be allowed within twenty (20) feet of any property line.
(4)
Accessory commercial uses in the form of limited
service and retail commercial uses, not to exceed five percent (5%)
of the total gross floor area of the self-care building or buildings,
excluding garages, to be located within one (1) self-care building,
shall be permitted in conjunction with existing nursing homes with
a minimum of one hundred (100) beds and fifty (50) self-care units.
There shall be no indication, through signs or other devices on the
exterior, that such commercial uses are in existence. Uses authorized
may include a financial facility, excluding drive-up and external
walk-up facilities, barber- and beauty shop, food store or drugstore,
laundry or dry cleaning pickup, and newspaper stand and card shop.
k.
Development standards for group residential facility
use, specifically for residential substance abuse treatment centers.
(1)
Densities shall not exceed eight (8) resident patients
and two (2) houseparents or support staff per facility for lots less
than five (5) acres.
(2)
No building within a residential substance abuse
treatment facility development shall exceed a height of three (3)
stories or forty-five (45) feet above the average ground elevation
at the perimeter of the building, whichever is less.
(3)
No building within a residential substance abuse
treatment facility development shall be allowed within a minimum of
fifty (50) feet of any property line.
(4)
Residential substance abuse treatment facilities
shall maintain a minimum radius of two (2) miles between each facility.
4.
The procedure for zoning to the R-8 District and site plan approval
is established in Article 02 of this UDC.
[CC 1990 § 31-03-04; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
General Requirements For All Planned Districts.
1.
Boundary walls, information signs or fences, six (6) feet in
height or less, and directional signs less than three (3) feet in
height are permitted within the minimum yard requirements, unless
otherwise restricted in the conditions of any planned district ordinance.
2.
Where the City Council determines that any particular tracts
or areas should be developed as limited office or limited commercial,
a NB District may be established on a tract of land in single ownership
or single management control, provided that:
a.
The proposed project shall be consistent with the
purposes and intent of the Comprehensive Plan and UDC.
b.
The preliminary development plan and the application
for change of zoning are approved by the City Council; and
c.
A site development plan is approved by the Planning
Commission and recorded in compliance with requirements of this Section.
d.
The schedule of construction is complied with in
accordance with the requirements of the City of Chesterfield.
e.
All utilities shall be installed underground.
f.
An opportunity for recycling shall be provided.
g.
A provision for pedestrianways, trails or bikeways
beyond the standard sidewalk otherwise required shall be included
where appropriate.
B.
Requests For Modification Of Standards. The standards for development
within this Article of the UDC may be modified if it may be demonstrated
that said modification is consistent with the Comprehensive Plan and
it is found that no detriment to the public health, safety and welfare
will be created. Additionally, site design features identified throughout
this Section should be included in the development for projects requesting
modifications to the above standards. Said modification shall require
a two-thirds (2/3) vote of the Planning Commission. Notwithstanding
the recommendation of the Planning Commission, the Council may modify
the standards contained in this Section by a majority vote.
C.
PC Planned Commercial District.
1.
Purpose. The regulations of the PC District offer a method for
commercial and limited light industrial development of land in the
City of Chesterfield that allows flexibility in applying certain zoning
standards. The PC District method allows innovative designs, meets
market niches, and promotes well-designed developments. The PC District
regulations should have the following outcomes:
a.
Ensure consistency with the Comprehensive Plan;
b.
Promote more efficient use of land;
c.
Incorporate site features, such as topography, views,
vegetation, water features, and other factors into the design so they
become assets to the development;
d.
Promote building styles and architectural styles
that complement one another;
e.
Allow a mix of uses that are designed to negate
potential conflicts that normally occur between incompatible land
uses;
f.
Promote the most efficient arrangement of circulation
systems, land use, and buildings;
g.
Promote environmentally sensitive developments;
and
h.
Allow development under a specifically approved
design concept and site plan.
2.
Scope Of Provisions. This Section contains the regulations of
the PC Planned Commercial District. These regulations are supplemented
and qualified by additional general regulations appearing elsewhere
in the UDC. Additional conditions may be established in the planned
district ordinance authorizing the establishment of a PC District:
3.
Minimum Standards Of Design. In addition to the development
standards and district requirements in Article 04 of this UDC, the
following performance standards are applicable to the PC District:
a.
Uses. Permitted and conditional uses for the PC District are found in Section 405.03.070 of this Article.
(1)
The following light industrial type uses may be
permitted and established in the site-specific ordinance within a
PC District for properties within the area known as "Chesterfield
Valley" and specifically located west of Long Road, bordered on the
north by the City of Chesterfield City limits and bordered on the
south by Central Midland Railroad:
(2)
Requests for uses identified as adult entertainment uses must first obtain approval of an adult entertainment area as described in Article 02 and shall adhere to all conditions of Section 405.03.050 of this Article.
b.
In order to promote reasonable and orderly development
within the City of Chesterfield, the following standards shall be
considered by the Planning Commission and City Council in consideration
for a change in zoning to a PC District. These standards are minimum
requirements and may be made more restrictive in the conditions of
the planned district ordinance governing the particular PC District.
(1)
Density. The maximum floor area ratio is fifty-five
hundredths (0.55).
(2)
Open space. A provision for common open space shall
be provided in the district at a minimum of thirty-five percent (35%)
of the total site acreage. Open space should be integrated into the
development to provide aesthetic, recreational, or other public benefit.
(3)
Setbacks.
(a)
No structure shall be permitted within thirty-five
(35) feet of a property line adjoining property designated on the
Comprehensive Land Use Map as being residential or park/recreation.
(b)
No parking area, internal drive, loading space,
or structure shall be permitted within twenty-five (25) feet of a
property line adjoining property designated on the Comprehensive Land
Use Map as being residential or park/recreation.
(c)
All other setbacks shall be established by the
conditions of the planned district ordinance.
(4)
Hours of operation. The hours of operation, including
hours open to the public and hours for the loading and unloading of
deliveries, shall be established in the planned district ordinance.
4.
Site design features and flexibility.
a.
Any design features approved under this Section
shall be assured and implemented through inclusion in the planned
district ordinance. This ordinance shall be approved concurrently
with the change in zoning to the PC District.
b.
While these features are not mandatory for approval,
they are desirable to the City of Chesterfield and may increase the
flexibility of design and the ability of the developer to negotiate
the mitigation of other requirements.
(1)
Placement of structures on most suitable sites
with consideration of topography, soils, vegetation, slope, etc.;
(2)
Preservation of natural and cultural areas, as
well as the creation of open space through active and passive recreation
areas to include greenways, walking and cycling trails that serve
to connect significant areas and various land uses;
(3)
Enhanced landscaping, deeper and opaque buffers,
and increased planting along public rights-of-way, open space/recreational
areas, and the overall perimeter of the project;
(4)
Utilization of mixed use buildings;
(5)
Segregation of vehicular traffic from pedestrian/bicycle
circulation networks, and other traffic mitigation measures;
(6)
Incorporation of transit-oriented development or
direct access to public transportation;
(7)
Utilization of Leadership in Energy and Environmental
Design (LEED) construction and development standards and the proposed
LEED certification of buildings within the PC District;
(8)
Public benefits and community facilities and the
access thereto; and
(9)
Sensitive treatment of perimeters to mitigate impact
upon adjoining property.
5.
The procedure for zoning to the PC District and site development
plan approval is established in Article 02 of this UDC.
D.
NB Neighborhood Business District.
1.
Purpose. The NB District is intended to provide a method for
limited office or limited commercial development, which is compatible
in scale and intensity with adjacent residential uses. The NB District
is intended to provide for individual or small groups of office and
customer service retail establishments. This planned district requires
architectural design harmonious with the surrounding area and landscape
screening from adjacent residential uses. The NB District is appropriate
for areas not designated as residential, park/scenic, or industrial
in the City of Chesterfield Comprehensive Plan.
2.
Scope Of Provisions. This Section contains the regulations of
the NB Neighborhood Business District. These regulations are supplemented
and qualified by additional general regulations appearing elsewhere
in the UDC. Additional conditions may be established in the planned
district ordinance authorizing the establishment of a NB District.
3.
The regulations for NB District offer a method that allows flexibility
in applying certain zoning standards. The NB District allows innovative
designs, meets market niches, and promotes well-designed developments.
The NB District regulations should have the following outcomes:
a.
Ensure consistency with the Comprehensive Plan;
b.
Promote building styles and architectural styles
that complement one another, as well as the surrounding area;
c.
Promote more efficient use of land;
d.
Incorporate site features such as topography, views,
vegetation, water features, and other factors into the design so they
become assets to the development;
e.
Promote the most efficient arrangement of circulation
systems, land use, and buildings;
f.
Promote environmentally sensitive developments;
and
g.
Allow development, under a specifically approved
design concept and site plan.
4.
Minimum Standards Of Design. In addition to the development
standards and district requirements in Article 04 of this UDC, the
following performance standards are applicable to the NB District:
a.
Uses. Permitted and conditional uses for the NB District are found in Section 405.03.070 of this Article.
b.
In order to promote reasonable and orderly development
within the City of Chesterfield, the following standards shall be
considered by the Planning Commission and City Council in consideration
for a change in zoning to a NB District. These standards are minimum
requirements and may be made more restrictive in the conditions of
the planned district ordinance governing the particular NB District.
(1)
Density. A maximum floor area ratio (FAR) of thirty-five
hundredths (0.35) is allowed.
(2)
Height. The maximum height of any structure shall
be thirty (30) feet from grade or two (2) stories, whichever is less,
exclusive of mechanical equipment.
(3)
Open space. A minimum open space of forty percent
(40%) is required. Open space should be integrated into the development
to provide aesthetic, recreational, or other public benefit.
(4)
Hours of operation. The hours of operation, including
hours open to the public and hours for the loading and unloading of
deliveries, shall be established in the site-specific ordinance.
(5)
Outdoor storage or display of merchandise, materials,
or equipment is prohibited.
(6)
No single building shall contain more than ten
thousand (10,000) square feet of gross floor area.
(7)
Setbacks.
(a)
No structure shall be permitted within thirty (30)
feet of any property line.
(b)
The minimum building setback shall be thirty-five
(35) feet from any property adjoining property designated on the Comprehensive
Land Use Map as being a residential district or PS District.
(c)
No parking area, internal drive, or loading space
shall be permitted within twenty-five (25) feet of the front, side,
and rear yard setbacks.
(d)
The minimum parking setback shall be thirty (30)
feet from any property adjoining property designated on the Comprehensive
Land Use Map as being a residential district or PS District.
5.
Site Design Features And Flexibility.
a.
Any design features approved under this Section
shall be assured and implemented through inclusion in the planned
district ordinance. This ordinance shall be approved concurrently
with the change in zoning to the NB District.
b.
While these features are not mandatory for approval,
they are desirable to the City of Chesterfield and may increase the
flexibility of design and the ability of the developer to negotiate
the mitigation of other requirements.
(1)
Incorporation of parking areas into the design
of the development to minimize visual expanses of parking lots;
(2)
Placement of structures on most suitable sites
with consideration of topography, soils, vegetation, slope, etc.;
(3)
Preservation of natural and cultural areas, as
well as the creation of open space through active and passive recreation
areas to include greenways, walking and cycling trails that serve
to connect significant areas and various land uses;
(4)
Enhanced landscaping, deeper and opaque buffers,
and increased planting along residential properties, public rights-of-way,
open space/recreational areas, and the overall perimeter of the project;
(5)
Segregation of vehicular traffic from pedestrian/bicycle
circulation networks, and other traffic mitigation measures;
(6)
Incorporation of transit-oriented development or
direct access to public transportation;
(7)
Utilization of Leadership in Energy and Environmental
Design (LEED) construction and development standards and the proposed
LEED certification of buildings;
(8)
Public benefits and community facilities and the
access thereto; and
(9)
Sensitive treatment of perimeters to mitigate impact
upon adjoining property.
6.
The procedure for zoning to the NB District and site development
plan approval is established in Article 02 of this UDC.
E.
PI Planned Industrial District.
1.
Purpose. The regulations of the PI District offer a method for
the industrial and selected commercial development of land in the
City of Chesterfield that allows flexibility in applying certain zoning
standards. The requirements of this Section are designed to offset
the impact of changes in development standards allowed through these
provisions. The PI District regulations should have the following
outcomes:
a.
Ensure consistency with the Comprehensive Plan;
b.
Promote building styles and architectural styles
that complement one another, as well as the surrounding area;
c.
Promote more efficient use of land;
d.
Incorporate site features, such as topography, views,
vegetation, water features, and other factors into the design so they
become assets to the development;
e.
Promote the most efficient arrangement of circulation
systems, land use, and buildings;
f.
Promote environmentally sensitive developments;
and
g.
Allow development, under a specifically approved
design concept and site plan.
2.
Scope Of Provisions. This Section contains the regulations of
the PI Planned Industrial District. These regulations are supplemented
and qualified by additional general regulations appearing elsewhere
in the UDC. Additional conditions may be established in the planned
district ordinance authorizing the establishment of a PI District.
3.
Minimum Standards Of Design. In addition to the development
standards and district requirements in Article 04 of this UDC, the
following performance standards are applicable to the PI District:
a.
Uses. Permitted and conditional uses for the PI District are found in Section 405.03.070 of this UDC.
(1)
Requests for uses identified as adult entertainment uses must obtain approval of an adult entertainment use area as described in Article 02 and adhere to all requirements of Section 405.03.050 of this Article.
b.
In order to promote reasonable and orderly development
within the City of Chesterfield, the following standards shall be
considered by the Planning Commission and City Council in consideration
for a change in zoning to a PI District. These standards are minimum
requirements and may be made more restrictive in the conditions of
the planned district ordinance governing the particular PI District.
(1)
Density. A maximum floor area Ratio (FAR) of fifty-five
hundredths (0.55) is allowed.
(2)
Open space. A minimum open space of thirty-five
percent (35%) is required. Open space should be integrated into the
development to provide aesthetic, recreational, or other public benefit.
(3)
Hours of operation. The hours of operation, including
hours open to the public and hours for the loading and unloading of
deliveries, shall be established in the site-specific ordinance.
(4)
(Reserved)[1]
[1]
Editor's Note: Original Subsection (E)(3)(b)(4), which prohibited the outdoor storage or display of merchandise, materials or equipment, was repealed 9-15-2014 by § 1 of Ord. No. 2814.
(5)
Setbacks.
(a)
The minimum building setback shall be thirty-five
(35) feet from any property adjoining property designated on the Comprehensive
Land Use Map as being a residential district or PS District.
(b)
The minimum parking setback shall be twenty-five
(25) feet from any property adjoining property designated on the Comprehensive
Land Use Map as being a residential district or PS District.
4.
Site Design Features And Flexibility.
a.
Any design features approved under this Section
shall be assured and implemented through inclusion in the planned
district ordinance. This ordinance shall be approved concurrently
with the change in zoning to the PI District.
b.
While these features are not mandatory for approval,
they are desirable to the City of Chesterfield and may increase the
flexibility of design and the ability of the developer to negotiate
the mitigation of other requirements.
(1)
Incorporation of parking areas into the design
of the development to minimize visual expanses of parking lots;
(2)
Placement of structures on most suitable sites
with consideration of topography, soils, vegetation, slope, etc.;
(3)
Preservation of natural and cultural areas, as
well as the creation of open space through active and passive recreation
areas to include greenways, walking and cycling trails that serve
to connect significant areas and various land uses;
(4)
Enhanced landscaping, deeper and opaque buffers,
and increased planting along residential properties, public rights-of-way,
open space/recreational areas, and the overall perimeter of the project;
(5)
Segregation of vehicular traffic from pedestrian/bicycle
circulation networks, and other traffic mitigation measures;
(6)
Incorporation of transit-oriented development or
direct access to public transportation;
(7)
Utilization of Leadership in Energy and Environmental
Design (LEED) construction and development standards and the proposed
LEED certification of buildings;
(8)
Public benefits and community facilities and the
access thereto; and
(9)
Sensitive treatment of perimeters to mitigate impact
upon adjoining property.
5.
The procedure for zoning to the PI District and site development
plan approval is established in Article 02 of this UDC.
F.
LI Light Industrial District.
1.
Purpose. The purpose of the LI Light Industrial District is
to provide for a variety of light industrial services that may be
developed compatible with abutting commercial and/or industrial uses.
2.
In addition to the development standards and district requirements
in Article 04 and elsewhere of this UDC, the following performance
standards are applicable to the LI District:
a.
Uses. Permitted and conditional uses for the LI District are found in Section 405.03.070 of this Article. In addition the following use restrictions shall apply to this district:
(1)
No drive-through windows shall be allowed in conjunction
with any of the permitted, accessory, or conditional uses.
(2)
Businesses shall only be open to the public between
the hours of 7:00 A.M. and 8:00 P.M.
(3)
Loading or unloading of deliveries shall be permitted
only between the hours of 7:00 A.M. and 7:00 P.M.
(4)
All principal uses shall be conducted within a
fully enclosed building.
(5)
Outdoor storage or display of merchandise, materials,
or equipment must be fully screened as approved by the City of Chesterfield
on the site plan.
b.
Design standards.
(1)
Minimum lot area: forty-five thousand (45,000)
square feet.
(2)
Minimum lot width: minimum road frontage of one
hundred (100) feet or direct access by one-hundred-foot road easement,
right-of-way or cross easement.
(3)
Height: thirty-five (35) feet from grade, exclusive
of mechanical equipment.
(4)
Open space: thirty-five percent (35%).
(5)
Density: maximum forty hundredths (0.40) FAR
(6)
Utilities: installed underground.
(7)
Recycling: opportunity for recycling shall be provided.
c.
Minimum yard setbacks.
(1)
No building or structure, other than a freestanding
project identification sign six (6) feet in height or less, light
standards, flagpoles, or fences six (6) feet in height or less will
be located within the following setbacks:
(2)
No parking area, internal drive, or loading space
shall be permitted within the following setbacks:
3.
The procedure for zoning to the LI District and site plan approval
is established in Article 02 of this UDC.
G.
MU Medical Use District.
1.
Purpose. The MU Medical Use District is designed for areas where
a variety of medical developments and uses may be permitted. These
district regulations and requirements are intended to facilitate the
establishment of medical developments with ancillary commercial uses
in locations appropriate under the terms and conditions set forth
in the planned district ordinance establishing the district.
2.
Scope Of Provisions. This Section contains the regulations of
the MU District. These regulations are supplemented and qualified
by additional general regulations appearing elsewhere in the UDC.
Additional conditions may be established in the planned district ordinance
authorizing the establishment of a MU District.
3.
Minimum Standards Of Design. In addition to the development
standards and district requirements in Article 04 of this UDC, the
following performance standards are applicable to the MU District:
a.
Uses. Permitted land uses shall be established in the conditions of the ordinance governing the particular MU District. Uses may include those permitted and conditional uses for the MU District found in Section 405.03.070 of this Article.
b.
In order to promote reasonable and orderly development
within the City of Chesterfield, the following standards shall be
considered by the Planning Commission and City Council in consideration
for a change in zoning to a MU District. These standards are minimum
requirements and may be made more restrictive in the conditions of
the planned district ordinance governing the particular MU District.
(1)
Lot area. The minimum lot area for this district
is three (3) acres.
(2)
Density. A maximum floor area ratio (FAR) of fifty-five
hundredths (0.55) is allowed.
(3)
Height. The total height of any structure shall
not exceed eight (8) stories in height, excluding mechanical devices.
(4)
Open space. A minimum open space of thirty-five
percent (35%) is required. Open space should be integrated into the
development to provide aesthetic, recreational, or other public benefit.
(5)
Setbacks.
(a)
The minimum yard setback from the right-of-way
for any structure, parking area, internal drive, or loading space
shall be fifty (50) feet.
(b)
The minimum yard setback from any property line
for any structure, parking area, internal drive or loading space shall
be twenty-five (25) feet from any property adjoining property designated
on the Comprehensive Land Use Map as being a residential district
or PS District.
(c)
The minimum parking setback shall be 25 feet from
any property adjoining property designated on the Comprehensive Land
Use Map as a residential district or PS District.
4.
The procedure for zoning to the MU District and site development
plan approval is established in Article 02 of this UDC.
H.
UC Urban Core District.
[Ord. No. 2830 § 1, 1-21-2015]
1.
Purpose. The UC Urban Core District is intended to provide a
method for commercial or mixed commercial and residential development
within the area known as the "Urban Core." The regulations for the
UC District offer a method that allows flexibility in applying certain
zoning standards. Such flexibility requires a review process and development
plan to safeguard health, safety, and welfare concerns. In exchange
for flexibility, UC Districts are required to provide exceptional
design and amenities not otherwise required through traditional zoning
techniques. These requirements are designed to offset the impact of
changes in development standards allowed through these provisions.
The UC District allows innovative designs, solves problems on difficult
sites, meets market niches, encourages pedestrian access and connectivity
between developments, and promotes well-designed developments. The
UC District regulations should have the following outcomes:
a.
Implement the vision of the area of the City identified
as the Urban Core in the Comprehensive Plan;
b.
Promote pedestrian access, connectivity and facilities
between sites, between developments and to public facilities through
inclusion of a variety of site and building design features, such
as continuous pedestrian walkways between buildings and from parking
areas, trails, bicycle paths, covered walkways between buildings,
widened sidewalks at the entrance to commercial and office structures,
bicycle parking and continuous walkways through parking areas to buildings
within the development.
c.
Allow flexibility that is not available through
standards and restrictions contained elsewhere in the Zoning Ordinance;
d.
Promote more efficient use of land;
e.
Incorporate site features, such as topography, views,
vegetation, water features, and other factors into the design so they
become assets to the development;
f.
Promote building styles and architectural styles
that complement one another;
g.
Allow a mix of uses that is designed to negate potential
conflicts that normally occur between incompatible land uses;
h.
Promote the most efficient arrangement of circulation
systems, land use, and buildings;
i.
Promote environmentally sensitive developments;
and
j.
Allow development, under a specifically approved
design concept and site plan, which otherwise may not be permitted
by the Zoning Ordinance.
2.
Scope Of Provisions. This Section contains the regulations of
the UC District. These regulations are supplemented and qualified
by additional general regulations appearing elsewhere in the UDC.
Additional conditions may be established in the planned district ordinance
authorizing the establishment of a UC District.
3.
Where the City Council determines that any particular tracts
or areas should be developed for commercial use, a UC District may
be established on a tract of land in single ownership or single management
control, provided that:
4.
Minimum Standards Of Design. In addition to the development
standards and district requirements in Article 04 of this UDC, the
following performance standards are applicable to the UC District:
a.
Uses. Permitted land uses shall be established in the conditions of the ordinance governing the particular UC District. Uses may include those uses designated as permitted or conditional uses in any commercial or residential district listed in Table A-1 of Section 405.03.020(A) of this Article.
b.
In order to promote reasonable and orderly development
within the City of Chesterfield, the following standards shall be
considered by the Planning Commission and City Council in consideration
for a change in zoning to the UC District. These standards are minimum
requirements and may be made more restrictive in the conditions of
the planned district ordinance governing the particular UC District.
(1)
Lot Area. The minimum lot area for this district
is three (3) acres.
(2)
Density. A maximum floor area ratio (FAR) of fifty-five
hundredths (0.55) is allowed.
(3)
Height. The total height of any structure shall
not exceed eight (8) stories in height, excluding mechanical devices.
(4)
Open Space. A minimum open space of thirty percent
(30%) is required. Open space should be integrated into the development
to provide aesthetic, recreational, or other public benefit. Covered
pedestrian walkways and bridges may be counted towards the open space
requirement of thirty percent (30%).
5.
Site Design Features And Flexibility. Any design features approved
under this Section shall be assured and implemented through inclusion
in the planned district ordinance. This ordinance shall be approved
concurrently with the change in zoning to the UC District.
a.
While these features are not mandatory for approval,
they are desirable to the City of Chesterfield and may increase the
flexibility of design and the ability of the developer to negotiate
the mitigation of other requirements:
(1)
Incorporation of parking areas into the design
of the development to minimize visual expanses of parking lots;
(2)
Placement of structures on most suitable sites
with consideration of topography, soils, vegetation, slope, etc.;
(3)
Preservation of natural and cultural areas, as
well as the creation of open space through active and passive recreation
areas to include greenways, walking and cycling trails that serve
to connect significant areas and various land uses;
(4)
Enhanced landscaping, deeper and opaque buffers,
and increased planting along residential properties, public rights-of-way,
open space/recreational areas, and the overall perimeter of the project;
(5)
Utilization of mixed use buildings;
(6)
Segregation of vehicular traffic from pedestrian/bicycle
circulation networks, and other traffic mitigation measures;
(7)
Promotion of pedestrian access and connectivity
throughout the development as well as between sites and developments
and to public and community facilities;
(8)
Incorporation of transit oriented development or
direct access to public transportation;
(9)
Utilization of Leadership in Energy and Environmental
Design (LEED) construction and development standards and the proposed
LEED certification of buildings;
(10)
Public benefits and community facilities and the
access thereto; and
(11)
Sensitive treatment of perimeters to mitigate
impact upon adjoining property.
6.
The procedure for zoning to the UC District and site development
plan approval is established in Article 02 of this UDC.
I.
MXD Mixed Use District.
1.
Purpose. The MXD Mixed Use District is intended to provide a
zoning classification which permits developments with a mixture of
residential, commercial, industrial, cultural, and institutional uses
in a single structure or multiple structures. It is the purpose of
these regulations to encourage a diversification of uses in unified
projects located in proximity to major roadways and intersections
and through the interrelationship of uses and structures to promote
innovative and energy-conscious design, efficient and effective circulation
systems, a variety of housing types, and to encourage the conservation
of land resources, minimization of auto travel, and the location of
employment and retail centers in proximity to higher-density housing.
2.
Scope Of Provisions. This Section contains the regulations of
the MXD District. These regulations are supplemented and qualified
by additional general regulations appearing elsewhere in the UDC.
Additional conditions may be established in the planned district ordinance
authorizing the establishment of a MXD District.
3.
Minimum Standards Of Design. In addition to the development
standards and district requirements in Article 04 of this UDC, the
following performance standards are applicable to the MXD District:
a.
Uses. Permitted land uses shall be established in the conditions of the ordinance governing the particular MXD District. Uses may include those uses designated as permitted or conditional uses in any residential, commercial, or industrial districts listed in Table A-1 of Section 405.03.020 of this Article.
(1)
Each mixed use development district shall include
a minimum of twenty percent (20%) of the total gross floor area in
residential uses, twenty percent (20%) of the total gross floor area
in retail commercial uses, and twenty percent (20%) of the total gross
floor area in office or industrial uses. Gross floor area used for
parking shall not be included in the above calculations.
(2)
Gross floor area of hotels may be used for up to
fifty percent (50%) of the required floor area for residential uses.
Gross floor area devoted to institutional, cultural, entertainment,
or recreational uses may be used, on a one-to-one basis, to reduce
the required minimum floor area of any of the three (3) main use categories
up to a maximum reduction of twenty-five percent (25%).
(3)
In addition to this approach where residential
development in a proposed MXD District is greater than fifty-one percent
(51%) of the total gross floor area, the remainder of the development
may consist of commercial uses or industrial uses or both without
limitation as to percentages of gross floor area.
(4)
Uses requiring an adult entertainment area permit
are not permitted.
b.
Residential density. Residential densities shall
be established in the conditions of the planned district ordinance
creating the MXD District, but in no event shall the density exceed
sixty (60) units per acre of land in the total development, excluding
land which is utilized for road right-of-way purposes, and excluding
right-of-way dedication for widening existing roadways, and including
land remaining within the 100-year floodplain elevation, as identified
in Article 05. This density restriction, however, shall not apply
to hotels.
c.
No parking areas, internal drives, loading spaces,
and structures shall be permitted within ten (10) feet of a property
line adjoining property in the NU Non-Urban, PS Park and Scenic, AG
Agricultural or any residential district. In addition to the minimum
ten (10) feet, any structure exceeding thirty (30) feet in height
which adjoins property in the NU Non-Urban, PS Park and Scenic, AG
Agricultural or any residential district shall be set back an additional
one (1) foot for every two (2) feet in height above thirty (30) feet.
Greater setbacks may be required by condition if necessary to ensure
compatibility with adjoining developments or uses.
d.
A sign package is required for all developments
in the MXD District.
e.
The Planning Commission may recommend, and the City
Council may approve, a total reduction of not more than twenty percent
(20%), or thirty percent (30%) for developments greater than five
hundred thousand (500,000) square feet of gross floor area under single
ownership or management control, of the required off-street parking
and loading spaces, where it has been demonstrated by study of the
combined uses and customary operation of the uses that adequate parking
would be provided. The Planning Commission may recommend a further
parking reduction beyond thirty percent (30%) for developments greater
than seven hundred fifty thousand (750,000) square feet of gross floor
area under single ownership or management control based upon a similar
approved study as above.
f.
Other conditions, such as building height, open
space, setbacks and minimum lot area, shall be established in the
planned district ordinance.
(1)
Open space. A minimum common open space of thirty
percent (30%) is required. Open space should be integrated into the
development to provide aesthetic, recreational, or other public benefit.
4.
The procedure for zoning to the MXD District and site development
plan approval is established in Article 02 of this UDC.
J.
PC&R Planned Commercial and Residential District.
1.
Purpose. The PC&R District is intended to provide development
in the area of the City comprising a minimum of seventy (70) acres
in size and located only in the area bounded on the east by State
Route 340, on the west by Baxter Road, on the north by State Route
40/I-64, and on the south by Lydia Hill Drive/August Hill Drive. A
PC&R District development is intended to create a diverse residential
and commercial mixed use environment in which residential and commercial
uses can be integrated pursuant to a downtown concept that encourages
creative and coordinated design and architectural styles, efficient
and effective pedestrian circulation, conservation of land resources,
efficient and effective vehicular circulation, and where people can
choose to live, work, eat, shop, enjoy cultural amenities and recreate.
By definition, "downtown development" is mixed use, and usually follows
one (1) of two (2) patterns (or an adaptation of both). First, as
a vertical mix on a given parcel, land uses change from floor to floor
within the same building. Typically, this pattern is residential above
commercial (retail, professional services or office). The second pattern
occurs when buildings or spaces of a single use are combined with
those of other single uses. Examples are a street of residential buildings
with commercial buildings occupying the corners or a commercial Main
Street combined with residential side streets.
2.
Scope Of Provisions. This Section contains the regulations of
the PC&R District. These regulations are supplemented and qualified
by additional general regulations appearing elsewhere in the UDC.
Additional conditions may be established in the planned district ordinance
authorizing the establishment of a PC&R District.
3.
Where the City Council determines that any particular tracts
or areas should be developed for commercial use, a PC&R District
may be established on a tract of land in single ownership or single
management control, provided that:
4.
Minimum Standards Of Design. In addition to the development
standards and district requirements in Article 04 of this UDC, the
following performance standards are applicable to the PC&R District:
a.
Uses. Permitted uses shall be established in the site-specific PC&R District ordinance governing a PC&R development and may include commercial uses permitted in the Planned Commercial (PC) District or any of the residential uses in any of the residential districts listed in Table A-1 in Section 405.03.020 of this Article.
(1)
Residential and commercial uses may be combined
in the same building, combined on the same lot in separate buildings
or on separate lots within a PC&R development. The permitted uses
shall be combined within a PC&R development to create a downtown
concept.
(2)
Uses which require an adult entertainment area
permit are not permitted.
b.
Performance standards for the PC&R District
are provided in the UDC for the PC (Commercial) and R (Residential)
land uses. Conflicts between the commercial and residential performance
standards shall be resolved in the planned district ordinance for
the PC&R District, site development plan, site development concept
plan, or site development section plan.
(1)
Specific performance standards may be provided
in the planned district ordinance for the PC&R District or provided
on the site development plan, site development concept plan, or site
development section plan.
(2)
Said performance standards may supplement, modify,
or alter performance standards provided elsewhere in the UDC.
(3)
Except where specifically stated otherwise in this
Section, performance standards established in the planned district
ordinance for the PC&R District or provided on the site development
plan, site development concept plan, or site development section plan
for a PC&R development shall supersede any performance standards
required by any other district regulation or UDC.
5.
The procedure for zoning to the PC&R District and site development
plan approval is established in Article 02 of this UDC.
K.
PUD Planned Unit District.
1.
Purpose. The purpose of the PUD District is to encourage flexibility
in the density requirements and development standards of the Zoning
Ordinance that will result in exceptional design, character, and quality
of new homogenous and mixed-use developments; to promote the most
appropriate use of land; to facilitate the provision of streets and
utilities; and to preserve the natural and scenic features and open
space.
2.
Scope Of Provisions. This Section contains the regulations of
the PUD District. These regulations are supplemented and qualified
by additional general regulations appearing elsewhere in the UDC.
Additional conditions may be established in the planned district ordinance
authorizing the establishment of a PUD District.
3.
General Requirements.
a.
All property that is at least four (4) contiguous
acres shall be eligible for the PUD District designation.
b.
All property to be zoned PUD or an existing PUD
Zoning District being amended shall be under single ownership, or
if under multiple ownership, then by written consent of all owners
who agree to be bound by the PUD District designation and regulations.
c.
The detailed standards set forth herein are minimum
requirements, and it is the intent of this Section that the City of
Chesterfield may impose conditions and safeguards in excess of, or
in addition to, the specified minimal requirements. Satisfying the
minimum standards set forth herein does not per se indicate that an
application is entitled to a zoning change and notice is hereby given
to that effect.
d.
All utilities shall be installed underground.
4.
General Considerations. The following is a list of general considerations
to be reviewed by the City of Chesterfield when analyzing applications
for PUD zoning:
a.
The applicant's narrative statement describing the
character of and rationale for the proposed development.
b.
Land uses proposed are adopted as permitted uses
within the residential zoning districts included in the City of Chesterfield
Code.
c.
Proposed residential densities as they compare to
current City of Chesterfield Comprehensive Plan designation, Zoning
Map delineation, infrastructure capacity and the effect upon public
services, and optimal usage of the land.
d.
Whether the major components of the PUD are properly
located and should be able to continue to function if any of the other
phases are not completed, taking into account factors such as the
infrastructure guarantee procedures described within City of Chesterfield
Subdivision Ordinance.[2]
[2]
Editor's Note: See Article 02, Development Review and Appeals
Process.
e.
The compatibility of proposed land uses within the
PUD with the surrounding land uses and the Land Use Map of the Comprehensive
Plan.
f.
Effects upon public health, safety, and general
welfare.
5.
Design Features. The following list includes design features
suggested to be utilized by developers when applying for PUD zoning.
Satisfaction of all or any of these design features is not mandatory,
but the approval of PUD zoning will be predicated on the use of the
below list or any other design feature deemed desirable by the City
of Chesterfield. Proposed inclusion of these design features within
a PUD can increase the flexibility of design standards and the ability
of the developer to negotiate the mitigation of other requirements.
a.
Placement of structures on most suitable sites with
consideration of maintaining existing site topography, soils, vegetation,
slope, etc.;
b.
Preservation of natural and cultural areas, as well
as the creation of open space through active and passive recreation
areas to include greenways, landscape gardens, plazas, and walking
and cycling trails that serve to connect significant areas and various
land uses;
c.
Preservation of existing mature trees and trees
deemed extraordinary by the City of Chesterfield Tree Specialist due
to but not limited to the following: size, type, origin, grouping,
or number of;
d.
Enhanced landscaping, deeper and opaque buffers,
and increased planting along public rights-of-way, open space/recreational
areas, and the overall perimeter to protect and ensure compatibility
with adjacent land uses;
e.
Utilization of mixed-use buildings;
f.
Utilization of traditional neighborhood design (TND)
techniques in the layout and spatial organization of the development;
g.
Structures designed and constructed of an architectural
vernacular that exceeds the typical building design and materials
within the City of Chesterfield;
h.
Segregation of vehicular traffic from pedestrian/bicycle
circulation networks, and other traffic mitigation measures;
i.
Incorporation of transit-oriented development (TOD)
or direct access to public transportation;
j.
Provision of affordable housing;
k.
Utilization of Leadership in Energy and Environmental
Design (LEED) construction practices and development standards and
the proposed LEED certification of buildings and grounds by the United
States Green Building Council within the PUD; and
l.
Inclusion of community facilities and the access
thereto.
6.
Uses. Permitted uses shall be established in the site-specific PUD District ordinance governing the PUD development and may include any permitted or conditional use found in any of the residential districts listed in Table A-1 in Section 405.03.020 of this Article.
7.
Minimum Design Requirements For A PUD. At a minimum, all requests for PUD zoning shall meet those general requirements as described in Subsection (K)(3) above and the following requirements:
a.
Maximum residential densities shall be determined
by utilizing the following hierarchical order:
(1)
Existing zoning district maximum permitted density;
and/or
(2)
Properties proposed for PUD zoning that are found
to be currently zoned NU Non-Urban District shall be required to submit
a petition for a change of zoning from the NU Non-Urban District to
a residential zoning district. This petition shall be filed prior
to that of the petition requesting PUD zoning.
b.
A provision for common open space shall be provided
in the PUD at a minimum of thirty percent (30%) of the total site
acreage, to be distributed throughout the PUD and not concentrated
in one (1) area nor shall it contain only that portion of the proposed
PUD that would be considered undevelopable due to topography or any
other site-specific related matter. All common open space areas shall
be shown on all preliminary plans, site development plans, site development
concept plans, site development section plans, and record plats and
shall be preserved and deed restricted as common open space.
c.
A PUD perimeter buffer shall be provided at a minimum
of thirty (30) feet in width. The perimeter buffer shall be composed
of a combination of existing trees (where applicable), trees selected
from the approved tree list from the City of Chesterfield Tree Preservation
and Landscape Requirements,[3] and any combination of low-lying shrubbery or other vegetation
not including grassed turf.
[3]
Editor's Note: See Section 405.04.020, Tree Preservation And Landscape Requirements.
d.
The proposed project shall be consistent with the
purposes and intent of the Comprehensive Plan and City of Chesterfield
Code unless otherwise stipulated in the planned district ordinance.
8.
Dedication For Public Schools And Public Parks. A planned unit
development may include land designated for dedication for public
schools or public park use. Such land area may be considered part
of the gross acreage of the development in computing the maximum number
of lots that may be created or maximum dwelling units that may be
approved, provided that:
a.
The area of the proposed development shall be at
least thirty (30) acres in the case of a public school dedication
and sixty (60) acres in the case of a public park dedication, unless
otherwise authorized or required by the City of Chesterfield.
b.
The proposed school site is compatible with a generalized
plan for school locations published by the school district.
c.
Prior to approval of a site development concept
plan, a written agreement between the petitioner and the school district
shall be submitted to the City of Chesterfield for review. This agreement
shall indicate who is responsible for the installation of required
improvements adjacent to or affecting the school site, and when the
improvements will be installed.
d.
The proposed site is dedicated to public school
or park use in a manner approved by the City Attorney as to legal
form prior to recording of the site development concept plan.
e.
The site development concept plan identifies the
boundaries of the dedicated tract within the development.
f.
The deed of dedication for a public park(s) or public
school use shall provide that in the event the property shall no longer
be used for that purpose, it will revert to the trustees of the subdivision
in which it is located as common land.
9.
The procedure for zoning to the PUD District and site development
plan approval is established in Article 02 of this UDC.
[CC 1990 § 31-03-05; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
FP Floodplain Overlay District.
1.
Purpose. The flood hazard areas of Chesterfield, Missouri, are
subject to periodic inundation which results in loss of life and property,
health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affect
the public health, safety, and general welfare. These flood losses
are caused by the cumulative effect of obstructions in floodplains
causing increases in flood heights and velocities, and by the occupancy
of flood hazard areas by uses vulnerable to floods or hazardous to
other lands which are inadequately elevated, floodproofed, or otherwise
protected from flood damages.
2.
This Section is therefore necessary to protect human life and
health; to minimize expenditure of public money for costly flood control
projects; to minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public; to minimize prolonged business interruptions; to minimize
damage to public facilities and utilities, such as water and gas mains,
electric, telephone and sewer lines, streets and bridges, located
in floodplains; and to help maintain a stable tax base by providing
for the sound use and development of flood-prone areas in such a manner
as to minimize future flood blight areas.
3.
It is the purpose of this Section to promote the public health,
safety, and general welfare and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to
restrict or prohibit uses which are dangerous to health, safety, and
property due to water or erosion or flood heights or velocities; to
require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction; to control the alteration of natural floodplains,
stream channels, and natural protective barriers, which are involved
in the accommodation of floodwaters; and to control filling, grading,
dredging, and other development which may increase erosion or flood
damage.
4.
Scope Of Provisions. This Section contains the regulations for
the FP Floodplain Overlay District of Chesterfield. Property zoned
FP is also zoned under another applicable district governed by this
UDC. The FP Overlay District constitutes an overlay district, and
the other applicable zoning district constitutes the underlying zoning.
a.
The FP Overlay District regulations and requirements
herein control in the case of any conflict between the regulations
contained in this Section and the regulations otherwise applicable
to any property by virtue of its underlying zoning.
b.
A portion of the area within this district is designated
as the floodway, as established by the maps applicable to this district.
Property within the floodway is subject to those provisions of this
UDC which so state.
5.
Minimum Standards Of Design. In addition to the development
standards and district requirements in Article 04 and Article 05 of
this UDC, the following performance standards are applicable to the
FP Overlay District:
a.
Uses. Permitted and conditional uses for the FP Overlay District are found in Section 405.03.080 of this Article. In addition:
(1)
Public utility facilities, provided that any installation,
other than poles and equipment attached to the poles, shall be adequately
screened with landscaping, fencing or walls; or placed underground;
or enclosed in such a manner as to blend with and complement the character
of the surrounding area as approved by the City of Chesterfield.
(2)
Accessory uses may include, but are not limited
to, devices for the generation of energy or individual sewage treatment
facilities serving an individual non-residential use. Sewage treatment
facilities shall not exceed a flow of five thousand (5,000) gallons
per day.
b.
Lot area.
|
Use
|
Minimum Lot Area
|
|---|---|
|
Farming
|
20 acres
|
|
Golf course
|
5 acres
|
|
All other uses
|
As required in the underlying zoning district
|
c.
Height. The total height of any structure shall
not exceed that permitted in the underlying zoning district.
d.
Yard Requirements.
(1)
No structure shall be allowed within twenty-five
(25) feet of any roadway right-of-way line, except where a greater
setback is required by the underlying district requirements.
(2)
No structure, sign or plant material exceeding
three (3) feet in height above the elevation of the street pavement
is allowed within the sight distance triangle.
(3)
Permitted information signs, six (6) feet or less
in height, and directional signs are allowed within the minimum front
yard setback.
(4)
Any structure, other than a public utility tower
authorized by a conditional use permit, which exceeds thirty (30)
feet in height shall be set back from all property lines at least
one (1) additional foot for every foot of height above thirty (30)
feet.
(5)
No residential building or structure attached thereto
shall be allowed within thirty (30) feet of the limits of the 100-year
floodplain.
e.
Floodway. All development or use of the floodway
is prohibited involving any encroachment, including fill, new construction
or material improvement of any existing structure unless certification
by a registered professional engineer is provided to and approved
by the Department that the development will not result in any increase
in flood levels during occurrence of the base flood discharge. If
and only if this Section is complied with, use or development of the
floodway may be carried out subject to the restrictions of the remainder
of this Section of the UDC.
6.
See Article 05, Flood Damage Prevention, of this Chapter, for
additional information and regulations.
7.
District regulations and development requirements found in this
UDC are minimum standards. Additional regulations and requirements
may be established in the site-specific ordinance establishing the
FP Overlay District.
8.
The procedure for establishing a FP Overlay District and site
development plan approval is established in Article 02 of this UDC.
B.
MAA Museum and Arts Overlay District.
1.
Purpose. The purpose of this Section is to promote the general
welfare, heritage, cultural education, and economic benefit of the
City through the appreciation, instruction, exhibition and performance
of the arts.
2.
In any zoning district, except NU Non-Urban Districts, a single
parcel or geographic area may be designated as an MAA Museum and Arts
area. The Planning Commission may recommend and the City Council,
by ordinance, may approve designation for a specific parcel or area,
provided that the area is characterized by one or more of the following
delineated on a preliminary plan:
a.
A building (or part thereof) having public significance
by reason of its architecture or former use or occupancy.
b.
A building (or part thereof) serving as a repository
for works of art, collections of natural, scientific, or literary
curiosities which are arranged, intended, and designed to be used
by members of the public for viewing, with or without an admission
charge.
c.
A building (or part thereof) devoted to live performances
in front of a live audience.
d.
An outdoor theater.
3.
Scope Of Provisions. This Section contains the regulations of
the MAA Overlay District. These regulations are supplemented and qualified
by additional general regulations appearing elsewhere in the UDC.
Additional conditions may be established in the district ordinance
authorizing the establishment of a MAA Overlay District.
4.
Minimum Standards Of Design. In addition to the development
standards and district requirements required for the site in accordance
with the underlying zoning district, the following performance standards
are applicable to the MAA Overlay District:
a.
Uses. Permitted and conditional uses for the MAA Overlay District are found in Section 405.03.080 of this Article. In addition:
(1)
Outdoor theaters are permitted, provided that:
(a)
The area is buffered on all sides by either a part
of a principal structure or by a fence, wall or landscaping suitable
to create a visual barrier or separation of space.
(b)
Outdoor theaters shall not be open for business
between 12:00 Midnight and 6:00 A.M. unless otherwise specified by
the conditions of the governing ordinance.
b.
Height.
(1)
For all structures: The total height of any structure
shall not exceed seventy-five (75) feet (exclusive of mechanical equipment)
from floor elevation at grade; however the building height may not
exceed the front setback distance. For every foot over fifty (50)
feet in height, up to the maximum of seventy-five (75) feet, the building
must be moved back one (1) foot.
(2)
Theaters shall be allowed additional height to
accommodate the fly space, which is the area above the stage in which
scenery is stored. The amount of additional height permitted shall
be determined at the time of site development plan review. The fly
space shall not be reviewed as an independent structure, but rather
as an integrated element of the overall architecture of the theater.
c.
Yard Setbacks. Minimum structure and parking setbacks
shall be established in the conditions of the ordinance establishing
the MAA Overlay District.
d.
Parking. Parking shall adhere to the requirements
of Article 04 of this UDC.
e.
Sign Regulations. With the exceptions noted, specific
sign regulations shall be established in the conditions of the ordinance
governing the MAA Overlay District in accord with the provisions of
the City of Chesterfield City Code.
(1)
No flashing signs shall be permitted. Illumination
of signage shall be as approved by the City of Chesterfield with the
site development plan.
(2)
Theaters' signage shall be as follows:
(a)
The gross area in square feet of all signs on a
lot shall not exceed two (2) times the linear feet of frontage of
said lot. This criterion is based on the provision that the gross
surface area of all illuminated, non-flashing signs shall not exceed
one (1) times the linear feet of frontage of the lot.
(b)
Marquee signage shall not project more than one
(1) foot beyond the length of the building on either side. Said signage
must be affixed flat to the marquee surface or be suspended within
and below the outer marquee or canopy limits. No other sign shall
be extended or suspended.
(c)
Awning signage shall be affixed flat, contain no
illumination and shall indicate only the name and/or address of the
establishment. No such sign shall extend vertically or horizontally
beyond the limits of said awning.
(d)
Horizontal and vertical projection shall be as
approved by the City on the preliminary plan.
(e)
No temporary signage shall be allowed in a museum
and arts area except promotional decorative banners. A "promotional
decorative banner" is defined as a banner which displays graphics
and limited text regarding a special event. Promotional decorative
banners are permitted for a maximum of six (6) months. The dimensions
of promotional decorative banners shall be approved by the City. A
sign permit application must be submitted prior to the erection of
a promotional decorative banner.
5.
The procedure for zoning to the MAA Overlay District and site
development plan approval is established in Article 02 of this UDC.
C.
WH Wild Horse Creek Road Overlay District.
[Ord. No. 2816 § 1 (Att. A), 10-6-2014]
1.
Purpose. The intent of the WH Wild Horse Creek Road Overlay
District is to protect and maintain the scenic character of the Wild
Horse Creek Road Subarea and the adjacent neighborhoods by ensuring
compatibility through site design, site plan review, and the regulation
of activity upon the designated sites so that the uses of the property
will not adversely affect the character of the neighborhood or the
general welfare of the City.
2.
Applicability. All properties located within the Wild Horse
Study Subarea (also known as "the Bow Tie") are required to zone to
the WH Overlay District prior to any development or redevelopment
action. The properties included within this study area are as described
and shown in the City of Chesterfield Comprehensive Plan and attached
hereto marked as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file in the City offices.
3.
Zoning. Properties located within the Wild Horse Study Subarea
may only seek a Zoning Map amendment to one of the estate district
categories. As the WH Overlay District is required for all properties
in this subarea, properties in the subarea do not qualify for a PUD
Planned Unit Development zoning.
4.
Scope Of Provisions. This Section contains the regulations of
the WH Overlay District. These regulations are supplemented and qualified
by additional general regulations appearing elsewhere in the UDC and
additional regulations as required in the underlying estate district
zoning.
5.
Compatibility Of Residential Uses With Airport. Zoning of land
near airports raises a unique set of challenges and issues to ensure
that safety of both the aircraft and the general public is achieved.
This includes, but is not limited to, items such as noise, lighting,
and building height. The impacts of long-term noise exposure on the
public's health and safety is of great importance to the City of Chesterfield.
Therefore, the following airport and noise mitigation requirements
shall apply to all residential development in the Wild Horse Subarea:
a.
Residential development shall not be permitted on
parcels located in areas with a DNL of greater than sixty-five (65)
as depicted on the Noise Disclosure Map. If a portion of a residential
development is located above the sixty-five (65) DNL line, the area
may be used as common ground, open space, or other such preservation
area only.
b.
Comments from the Spirit of St. Louis Airport shall
be required prior to approval of any zoning request and site development
plan request.
c.
Provide an avigation easement or other such easement
as required by the Spirit of St. Louis Airport.
d.
Sound attenuation methods through the use of site
design and layout, architectural design and building materials shall
be utilized and may be required in addition to other standards provided
herein. This may include, but not be limited to, building height,
room arrangement, window placement, building material, and orientation
of residential structures.
6.
Minimum Standards Of Design. In addition to the development
standards and district requirements required for the site in accordance
with the underlying estate district zoning, the following performance
standards are applicable to the WH Overlay District:
a.
Uses. Permitted and conditional uses for the WH Overlay District are found in Section 405.03.080 of this Article.
b.
Community amenities, such as a community center,
nature preserve areas, park, lake, recreation areas, and other similar
uses and amenities, are required for all residential development and
shall be shown on any preliminary plan and/or site development plan.
c.
Specific design requirements are set forth in Table
1:
|
Table 1
| |
|---|---|
|
Specific Design Requirements
| |
|
Building design
|
Rear and side facades shall be designed with similar detailing
and be compatible with the principal facades of the building
|
|
Internal roadway system
|
As development occurs in the area, an internal roadway system,
complete with buffers, landscaping, pedestrian circulation, and cross
access shall be required as directed by the City of Chesterfield
|
|
Pedestrian circulation
|
To achieve pedestrian circulation, all development shall include
sidewalks and/or trails
|
|
Preservation of slopes and natural features
|
Development on slopes in excess of 20% shall be minimized to
the greatest extent practicable except for necessary infrastructure
and public improvements
|
|
Protection of historic features
|
Future development shall minimize any impact to historic and
heritage sites. Historic buildings and archeological sites shall be
of utmost importance
|
d.
Specific development criteria requirements are set
forth in Table 2. In addition, any requests for modification to any
of these requirements in Table 2 shall follow the procedure set forth
below:
(1)
An applicant may submit to the Director of Planning
a statement requesting modification to any criteria in Table 2. Said
request shall include an explanation as to why the modification is
being requested. Each modification request shall include an explanation
statement.
(2)
Each modification request to criteria in Table
2 shall require a separate, super majority [two-thirds (2/3)] vote
by the City Council for approval. Therefore, the preliminary plan
submitted to the Planning Commission for consideration of the zoning
request, shall include a note identifying the modification request
that will be made to the City Council. Approval of the zoning request
by the Planning Commission is conditional upon approval by the City
Council.
(3)
If one (1) or more of the modification requests
is denied by the City Council, the preliminary plan shall be amended
so that it adheres to all criteria of Table 2 and sent back to the
Planning Commission for consideration.
|
Table 2
| |
|---|---|
|
Development Criteria
| |
|
Building height
|
The building height for residential structures shall not exceed
50 feet
|
|
Structure setbacks
|
Structure setbacks shall be as established in the underlying
zoning district
|
|
Landscape buffering
|
The perimeter landscape buffer required in the underlying estate
district zoning category shall not be located within any developed
lot with a residential structure on it. The landscape buffer may include
areas of common ground or conveyed park lands
|
|
Protection of Wild Horse Creek Road character
|
To protect the scenic character of Wild Horse Creek Road, all
developed lots must be set back at least 50 feet from Wild Horse Creek
Road right-of-way and screened from view. In addition, when any residential
structure's rear facade fronts Wild Horse Creek Road, additional landscape
buffering and vegetative screening, such as landscape berms, shall
be provided within a permanent landscape easement to screen the view
of the structure from Wild Horse Creek Road
|
|
Common ground
|
A minimum common ground of 30% shall be provided in the development.
Common ground shall be deed restricted, not concentrated in one area
of the development site, and not located within any developable lot.
However, common ground may be concentrated in areas in a residential
development which lie above the 65 DNL line. Any land conveyed for
public park purposes may be counted toward the common ground requirement
|
7.
Lot Size. In order to encourage minimum grading, preservation
of open space and natural amenities and topography, and provide for
trails, paths and other community amenities, the minimum lot sizes
for developments may be reduced with the WH Overlay Zoning in accordance
with Table 3 below:
|
Table 3
| ||
|---|---|---|
|
Minimum Lot Size Requirements
| ||
|
Underlying Zoning District
|
Minimum Lot Size Required in Underlying Zoning District
(acres)
|
Minimum Lot Size Permitted with WH Overlay
|
|
E-2
|
2
|
1 acre
|
|
E-1
|
1
|
22,000 square feet
|
|
E-1/2
|
1/2
|
15,000 square feet
|
8.
The procedure for zoning to the WH Overlay District and site
development plan approval is established in Article 02 of this UDC.
D.
RBU Residential Business Use procedure.
1.
Purpose. The purpose of this Section is to provide an alternative
use limited to one (1) or more service and limited commercial activities
within existing single-family residential structures with driveways
entering onto existing state highways of four (4) or more lanes at
the time of application, which, due to certain site characteristics
relative to adjacent roadways, lot size and the character of surrounding
adjacent uses, may no longer be appropriate as residential dwellings.
2.
It is the intent of this procedure to protect and maintain the
residential character of the City of Chesterfield and the adjacent
neighborhoods by ensuring compatibility with the Comprehensive Plan,
through site design, site plan review, and the regulation of activity
upon the designated sites, so as to maintain the general welfare of
the City and the public health and safety, as it relates to traffic,
fire hazards and traffic congestion, so as the uses of the property
will not adversely affect the character of the neighborhood or the
general welfare of the City.
3.
Scope Of Provisions. This Section contains the regulations of
the RBU procedure. These regulations are supplemented and qualified
by additional general regulations appearing elsewhere in the UDC.
Additional conditions may be established in the district ordinance
authorizing the establishment of a RBU.
4.
Applicable Zoning Districts And Roadway Designation. The RBU
procedure may only be authorized in the R-1, R-1A, R-2, R-3, R-4 Districts
and any of the estate districts, and shall only be permitted for existing
single-family residential structures with driveways entering onto
existing State highways of four (4) or more lanes at the time of application.
5.
Minimum Standards Of Design. In addition to the development
standards and district requirements required for the site in accordance
with the underlying zoning district, the following performance standards
are applicable to the RBU procedure:
a.
Uses. Permitted and conditional uses for the RBU are found in Section 405.03.080 of this Article. In addition:
(1)
The residential business use is only transferable
if the subsequent use is the same.
(2)
Property established as a commercial service procedure
or residential business procedure that changes the use must adhere
to the guidelines of the residential business use procedure.
(3)
Hours of operation for a residential business use
area shall be approved by the City of Chesterfield Planning Commission.
(4)
The residential business use shall only be issued
for an existing structure originally constructed for occupancy as
a single-family dwelling. Said structure shall have been constructed
not less than one (1) year prior to the application for the residential
business use procedure.
(5)
No addition shall be permitted to any structure
for which a residential business use is issued that will increase
the area of office or commercial use.
b.
Lot Area. An RBU shall be permitted on stand-alone
lots, not part of a platted subdivision, having a minimum lot size
of two (2) acres. A minimum frontage of seventy-five (75) feet on
and direct access to an existing State highway of four (4) or more
lanes is required.
c.
Site Coverage. Buildings, driveways, parking and
surface areas combined, shall not exceed fifty percent (50%) of the
existing lot.
d.
Parking.
(1)
Maximum of six (6) parking spaces, including any spaces in a garage or covered structure area. Only two (2) of these spaces may be in front of the front building line. Required parking shall be determined by Section 405.04.040 of this UDC.
(2)
If the maximum amount of parking spaces permitted by this RBU area does not meet the minimum parking requirements of Section 405.04.040 for the proposed use, then the proposed use will be deemed to exceed the service and limited commercial activity requirement of the residential business use area and will not be eligible for this procedure.
(3)
Residential business use vehicles parked overnight
shall be parked in the rear of the building.
(4)
Parking setback shall be a minimum of ten (10)
feet from the side and rear property lines. Setbacks shall contain
screening to consist of fencing, landscaping or topographic features
as approved by the Planning Commission.
e.
Landscape Buffers.
(1)
Property adjacent to a single-family property (for
side and rear yard) shall maintain a minimum landscape buffer strip
of twenty (20) feet in width. Up to ten (10) feet may be satisfied
by landscaping on the abutting property if provided.
(2)
Property adjacent to single-family property may
request to waive this requirement when joint access is utilized.
(3)
Property adjacent to a single-family property (for
front yard) and property adjacent to non-residential property shall
have landscape buffers as approved by the Planning Commission on the
site development plan.
f.
Signage.
(1)
One (1) business identification sign not to exceed
eighteen (18) inches by twenty-four (24) inches in sign face area
shall be permitted and shall be located either on the freestanding
mailbox or on the structure.
(2)
Signage shall not exceed a total height of six
(6) feet.
(3)
Lighting coverage shall not exceed the size of
the signage, and the sign shall not be illuminated from the rear of
the sign.
6.
Remodeling Of Existing Structures.
a.
Internal alterations will be permitted to accommodate
the specified use. The residential business use procedure may apply
to accessory buildings on the same property as the existing residential
structure; however, only one (1) residential business use may be permitted
on each site. The use shall also occupy no more than one (1) structure.
b.
Exterior remodeling. Exterior remodeling for appearance
purposes only may be made. The appearance of the structure shall be
compatible with the surrounding residential area. External remodeling
and/or building additions to improve the appearance of the building,
as well as architectural elevations, shall be reviewed and approved
by the Planning Commission.
7.
The procedure for zoning to the RBU procedure and site development
plan approval is established in Article 02 of this UDC.
E.
LPA Landmark and Preservation Area.
1.
Purpose. The purpose of this Section is to promote the general
welfare, heritage, education, and economic benefit of the City of
Chesterfield, through the preservation, protection, and regulation
of buildings, sites, structures, monuments, neighborhoods and districts
of historic, architectural, social, cultural or archeological significance.
The intent of this Section is to encourage the rehabilitation, restoration,
and adaptation of these historic elements for current use.
2.
Applicability. A single parcel or geographic area with at least
one (1) of the criteria listed below may be designated as a LPA in
any zoning district:
a.
It has significant character, interest or value
as part of the development, heritage or cultural characteristics of
the City of Chesterfield, State of Missouri, or the United States.
b.
It is where a significant historic event took place.
c.
It contains architecture, landscaping, site planning,
or sculpture done by a designer whose individual work has significantly
influenced the development of the St. Louis region, State of Missouri,
or the United States.
d.
It contains elements of design, detail, materials,
or craftsmanship which represent a particular architectural style
or significant innovation.
e.
It is uniquely located, has singular physical characteristics,
or represents an established and familiar visual feature of a neighborhood
or within the City of Chesterfield.
3.
Minimum Standards Of Design. In addition to the development
standards and district requirements required for the site in accordance
with the underlying zoning district, the following performance standards
are applicable to the LPA procedure:
a.
Incentives.
(1)
In an effort to enhance and protect places and
areas which represent important elements of the City's historical,
cultural, and archeological history, the City of Chesterfield may
approve incentives, in the form of variances, in the following areas:
(2)
A request for one (1) or more of the incentives
shall be made in writing by the petitioner. Said request shall demonstrate
the need for any listed incentive and how the incentive will encourage,
promote, enhance, preserve, and protect the historic significance
of the site.
(3)
Requests can be made for more than one (1) incentive
per site.
(4)
All requests for incentives shall be reviewed and
approved by the City of Chesterfield City Council with recommendations
from the City of Chesterfield Planning Commission and the Chesterfield
Historic and Landmark Preservation Committee (CHLPC).
(5)
All previously approved incentives shall expire
upon a change in use and shall require reapplication for review and
approval by the Planning Commission and City Council.
b.
Uses. Permitted uses shall be those permitted or
conditional uses in the zoning district in which the property is located.
Requests for permitted or conditional uses shall be reviewed and approved
by the Planning Commission and City Council.
(1)
Uses requiring an adult entertainment area permit
shall not be permitted.
4.
The procedure for zoning to the LPA procedure and site development
plan approval is established in Article 02 of this UDC.
F.
H Chesterfield Historic Designation.
1.
Purpose. The H Chesterfield Historic Designation is intended
to promote, preserve and educate the general public about Chesterfield's
rich history by recognizing certain historic properties, structures
or sites as having historical significance and placing them on the
Chesterfield Historic Register. The CHLPC shall undertake the following
actions with the City of Chesterfield to identify properties and sites
for zoning to the H Designation.
2.
Scope Of Provisions. This Section contains the regulations of
the H Designation. These regulations are supplemented and qualified
by additional general regulations appearing elsewhere in the UDC.
Additional conditions may be established in the district ordinance
authorizing the establishment of a H Designation.
3.
Minimum Standards Of Design. In addition to the development
standards and district requirements required for the site in accordance
with the zoning district for that site, the following performance
standards are applicable to the H Designation:
a.
Survey and research.
(1)
The CHLPC shall undertake an ongoing survey and
research effort in the City of Chesterfield to identify neighborhoods,
areas, sites, structures, and objects that have historic, cultural,
archaeological, architectural or aesthetic importance, interest or
value.
(2)
Before the CHLPC shall on its own initiative nominate
any landmark or property for historic designation, it shall develop
a plan and schedule for conducting a comprehensive survey of the City
of Chesterfield to identify significant resources. As part of the
survey, the CHLPC shall review and evaluate any prior surveys and
studies by any unit of government or private organization and compile
appropriate descriptions, facts and photographs.
(3)
The CHLPC shall systematically identify potential
H Designations and adopt procedures to nominate them based upon the
following criteria:
(a)
The proposed H Designation in one identifiable
neighborhood or distinct geographical area of the City of Chesterfield.
(b)
The potential H Designation associated with a particular
person, event or historical period.
(c)
The potential H Designation of a particular architectural
style or school, or of a particular architect, engineer, builder,
designer or craftsman.
(d)
The potential H Designation containing historic
and prehistoric archaeological resources with the potential to contribute
to the understanding of historic and prehistoric cultures.
(e)
Such other criteria as may be adopted by the CHLPC
to assure systematic survey and nomination of all potential H Designations
within the City of Chesterfield.
b.
Nominations shall be made to the CHLPC on a form
prepared by it and may only be submitted by the owner of record of
the nominated property or structure, by a member of the CHLPC, or
by elected members of the City Council. Nominations shall be submitted
to the City Clerk, who will within seven (7) days of receipt mail
a notification of intent to nominate to the owner of record of the
nominated property. Forms and criteria for nomination will be available
at the Office of the City Clerk.
c.
Criteria For Consideration Of Nomination.
(1)
The CHLPC shall, upon such investigation as it
deems necessary, make a determination as to whether a nominated property,
structure, site, area or district meets one (1) or more of the following
criteria:
(a)
Its character, interest, or value as part of the
development, heritage, or cultural characteristics of the community,
county, State or country;
(b)
Its overall setting and harmony as a collection
of buildings, structures, or objects where the overall collection
forms a unit;
(c)
Its potential to be returned to an accurate historic
appearance regardless of alterations or insensitive treatment that
can be demonstrated to be reversible;
(d)
Its location as a site of significant local, county,
State, or national event;
(e)
Its identification with a person or persons who
significantly contributed to the development of the community, county,
State or country;
(f)
Its embodiment of distinguishing characteristics
of an architectural type valuable for the study of a period, type,
method of construction, or use of indigenous materials;
(g)
Its identification as the work of a master builder,
designer, architect, or landscape architect whose individual work
has influenced the development of the community, county, state or
country;
(h)
Its embodiment of design, detailing, materials,
or craftsmanship that renders it architecturally significant;
(i)
Its embodiment of design elements that makes it
structurally or architecturally innovative;
(j)
Its unique location or singular physical characteristic
that makes it an established or familiar visual feature of the neighborhood,
community or City;
(k)
Its character as a particularly fine or unique
example of a utilitarian structure, including, but not limited to
farmhouses, gas stations, or other commercial structures, with a high
level of integrity or architectural significance;
(l)
Its suitability for preservation or restoration;
and
(m)
Its potential to yield information important to
history and prehistory;
(2)
Any structure, property, or area that meets one
(1) or more of the above criteria shall also have sufficient integrity
of location, design, materials, and workmanship to make it worthy
of preservation or restoration.
d.
In the case of a nominated H Designation found to
meet the criteria for designation, the following items must be provided:
(1)
The types of significant exterior architectural
features of the structures within the nominated historic designation
that should be protected;
(2)
The types of alterations and demolitions that should
be reviewed for appropriateness as described in this policy;
(3)
The type and significance of historic and prehistoric
archaeological sites within the nominated H Designation;
(4)
Proposals for design guidelines of CHLPC's review
of certificates of appropriateness within the nominated H Designation;
(5)
The relationship of the H Designation to the ongoing
effort of the CHLPC to identify and nominate all potential cultural
resources that meet the criteria for designation;
(6)
Recommendations as to appropriate permitted uses,
special uses, height and area regulations, minimum dwelling size,
floor area, sign regulations, lot size, and parking regulations necessary
or appropriate to the preservation of the nominated landmark or historic
designation, including recommendations for buffer zones to protect
and preserve visual integrity; and
(7)
A map showing the location of the nominated H Designation.
e.
Applications For Certificates Of Appropriateness.
(1)
An application for a certificate of appropriateness
must be made prior to applying for a demolition permit or a building
permit affecting the exterior architectural appearance of any landmark
or any structure within a H Designation, including but not limited
to the following:
(a)
Any construction, alteration, or removal requiring
a building permit from the City of Chesterfield;
(b)
Any demolition in whole or in part requiring a
demolition permit from the City of Chesterfield;
(c)
Any construction, alteration, demolition or removal
affecting a significant exterior architectural feature or appearance
as specified in the ordinance designating the H Designation;
(d)
Any construction, alteration or removal involving
earth-disturbing activities that might affect archaeological resources;
and
(e)
Any actions to correct a violation of a minimum
maintenance standard.
(2)
Applications for a certificate of appropriateness
shall include accompanying plans and specifications affecting the
exterior architectural appearance of a designated landmark or a property
within a designated historic designation; and applications for demolition
permits shall include plans and specifications for the contemplated
use of the property.
(3)
The Department shall forward applications for building
and demolition permits to the CHLPC within seven (7) days following
the receipt of the application. A building or demolition permit shall
not be issued until the CHLPC has issued a certificate of appropriateness.
Any applicant may request a meeting with the CHLPC before the application
is reviewed by the CHLPC or during the review of the application.
(4)
Application for review of construction, alteration,
demolition, or removal not requiring a building permit for which a
certificate of appropriateness is required shall be made on a form
prepared by the CHLPC and available at the Office of the City Clerk.
The CHLPC shall consider the completed application at its next regular
meeting.
4.
The procedure for zoning to the H Designation and site development
plan approval is established in Article 02 of this UDC.
G.
AEA Adult Entertainment Area Procedure.
1.
Purpose. The purpose of this Section is to provide for regulation
of adult entertainment establishments and businesses in order to insure
that their secondary uses will not contribute to the blighting of
surrounding areas and to insure stability of said areas.
2.
Scope Of Provisions. Adult entertainment uses and establishments may only be established in a PC or PI District with approval of an AEA adult entertainment area. See Section 405.02.040 of this UDC for information pertaining to the development review process.
3.
The regulations herein have three (3) major intentions:
a.
To provide for the confinement of adult entertainment
establishments and businesses to those areas in the City in which
the special impacts mentioned are judged to be least disruptive to
the use and enjoyment of adjacent properties.
b.
To require that adult entertainment establishments
and businesses shall not be permitted to locate in such concentration
that their operation may establish the dominant character for the
areas where they are located.
c.
To protect and balance lawful rights of expression
with other lawful rights to the enjoyment and use of properties.
4.
In addition to all other requirements applicable to the PC and
PI districts, the following requirements apply to any use in an adult
entertainment area:
a.
Permitted uses shall be established in the permit for the adult entertainment area and are found in Section 405.03.070 of this Article.
b.
Performance standards and other development requirements
may be made more restrictive with the ordinance which establishes
the AEA procedure.
c.
No adult use or adult establishment shall be permitted
within one thousand two hundred (1,200) feet of a school, religious
institution, residential use, child-care use, park or municipal boundary.
d.
No expansion or location of an adult use or adult
establishment shall be permitted within one thousand (1,000) feet
of any other adult use or adult establishment which serves alcohol.
f.
No minimum lot area shall be required for this district.
However, the property on which such use is located shall have a minimum
of one hundred (100) feet of frontage on a public right-of-way.
g.
Sign Regulations. The facility in which such a use
is located shall be limited to one (1) wall-mounted sign in accordance
with Article 04; said sign shall not flash, blink or move by mechanical
means and shall not extend above the roofline of the building. Said
sign shall not exceed eight (8) feet in height from ground level.
Further, no merchandise, symbol, or pictures of products or entertainment
on the premises shall be displayed in window areas or on any sign
or any area where such merchandise or pictures can be viewed from
the exterior of the building. No flashing lights and/or lighting which
leaves the impression of motion or movement shall be permitted. No
temporary signs shall be allowed.
h.
The facility in which the use is located shall be
designed in such a fashion that all openings, entries and windows
prevent view into such facilities from any pedestrian, sidewalk, walkway,
street or other public area. No adult entertainment activity shall
take place partially or totally outside the adult entertainment establishment.
i.
Adult use and adult use establishments shall adhere
to all sign regulations as described in Article 04 of this UDC. Said
uses and establishments shall be permitted one (1) attached wall sign,
no more than eight (8) feet in height from ground elevation. Roof
top signs, window signs, temporary signs, symbols, and displays are
prohibited.
5.
The procedure for zoning to the AEA procedure and site development
plan approval is established in Article 02 of this UDC.
[CC 1990 § 31-03-06]
The Use Table for Residential Districts is included as an attachment
to this Chapter.
[CC 1990 § 31-03-07]
The Use Table for Non-Residential Districts is included as an
attachment to this Chapter.
[CC 1990 § 31-03-08]
The Use Table for Overlays and Special Procedures is included
as an attachment to this Chapter.
