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BULLET St. Louis City Revised Code Chapter 26.73 Special Use Districts

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 26.73
Special Use Districts

Sections:

26.73.010 Prohibit new or expanded use within SUD boundaries.
26.73.020 Allowance of new or expanded use within SUD boundaries as conditional use.
26.73.030 Types of items that may be included in specific SUD ordinance.

26.73.010 Prohibit new or expanded use within SUD boundaries.

A. The purpose for creation of an SUD as an overlay zoning district for a specific zoning districts area should be to assist in the implementation of the plan, commercial district redevelopment plan(s) and/or an adopted neighborhood plan for a specific geographic area of at least two (2) contiguous acres per a metes and bound legal description.

B. The purpose for creation of an SUD as an overlay zoning district for a specific zoning districts area should also respond to well-defined health, safety, moral and/or general welfare problems. A specific SUD ordinance shall state the problems addressed by any use being prohibited or limited within the SUD area.

C. A specific SUD ordinance may reduce the time period for discontinuing nonconforming uses within the specific SUD area from the existing one (1) year to a shorter time period not less than thirty (30) days.

D. A specific SUD ordinance may prohibit the creation of uses or the expansion of existing uses that are permitted or conditional uses under existing commercial zoning districts ("F" Neighborhood Commercial District, "G" Local Commercial and Office District and "H" Area Commercial District) and related business oriented zoning districts ("J" Industrial District and "K" Unrestricted District).

E. The residential dwelling districts ("A" Single-Family, "B" Two-Family, "C" Multiple-Family, "D" Multiple-Family, "E" Multiple-Family) may be included in a specific SUD ordinance only if the residential dwelling district has an existing problem land use addressed in the specific SUD ordinance.
(Ord. 66941 1, 2005.)

26.73.020 Allowance of new or expanded use within SUD boundaries as conditional use.

A. A specific SUD may promote flexibility and fairness under a new SUD ordinance by making it possible to allow new or expanded uses within the SUD subject to the conditional use provisions of Section 26.80.010 of the Zoning Ordinance of the City of St. Louis. In an SUD area a specific SUD ordinance may require that a use that is presently zoned as a permitted use, a conditional use or a prohibited use be subject to the conditional use process in Section 26.80.010.

B. A specific SUD ordinance may further regulate a permitted use with additional restrictions because it has been or may in the future be expected to be the cause of the emergence of well defined problems, and thus require that use become a conditional use subject to the provisions of Section 26.80.010.

C. A specific SUD ordinance may allow an existing conditional use to remain as a conditional use, but may subject that use to a specific list of limitations and subject that use to the provisions of Section 26.80.010, to address the well-defined problems with that type of use which the City has documented.

D. Given the goal of promoting flexibility and fairness in commercial districts, a specific SUD ordinance may make it possible to treat a prohibited use less restrictively than previously because through the conditional use process contained in Section 26.80.010 a specific SUD ordinance may substantially reduce, avoid or mitigate potential damage to adjacent property.
(Ord. 66941 2, 2005.)

26.73.030 Types of items that may be included in specific SUD ordinance.

A. A specific SUD may deal with a range of criteria including: 1) maximum size or height of building; 2) number of parking spaces for employees, customers and/or visitors; 3) signage; 4) carryout windows; 5) landscaping buffers and fences; 6) percentage of lot landscaping; 7) refuse enclosures and dumpsters; 8) vehicular and pedestrian access; 9) outdoor lighting; 10) hours of operation; 11) prior record of business owner, operator and employees involving identified problem land uses; 12) time limits for accomplishment of the conditions; and/or 13) specific criteria that address unique aspects of the identified problem land uses and the identified geographic area in a specific SUD ordinance.

B. Conditional use review procedures used in a specific SUD ordinance will include a forty-five (45) day review period by the staff of the Zoning Administrator and a fifteen (15) day public notice period before the required conditional use hearing. If a conditional use permit is issued, it shall be valid for one (1) year after issuance, but can be declared null and void by the Zoning Administrator if the work to be done to establish the conditional use is not completed and an occupancy permit from the City is not issued within one (1) year after the written approval of the conditional use.

C. Under the conditional use standards of Section 26.80.010 of the Zoning Ordinance of the City of St. Louis the approval of the proposed use: 1) cannot be detrimental to the public; 2) cannot cause injury to neighbor's property or reduce value; 3) should enhance the general welfare; 4) should be a compliment or compatible use; and 5) the Zoning Administrator, Board of Public Service and the Board of Adjustment may add and require additional conditions and restrictions from time to time.

D. In developing conditions for the uses under a specific SUD ordinance or the conditions to be imposed on a specific use, the following criteria shall also be considered regarding the approval and/or conditions for the operation of the proposed use: 1) existing and proposed site topography; 2) existing and proposed land use on the SUD site and/or up to one thousand (1,000) feet from the SUD site; 3) density of commercial activity on and near the proposed site; 4) location of the site relative to major thoroughfares or public transit routes; 5) availability of public parks, playgrounds, open space and schools near the proposed site; 6) the impact of the proposed use on existing buildings, structures or other facilities with architectural, historical or cultural significance on the SUD site and/or up to one thousand (1,000) feet from the SUD site; as well as 7) existing landscaping including trees over six (6) inch caliper, formal garden(s), fountains, statues and/or sculptures on the SUD site.
(Ord. 66941 3, 2005.)

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