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BULLET St. Louis City Revised Code Chapter 26.80 Use, Height and Area Exceptions

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Chapter 26.80
Use, Height and Area Exceptions

Sections:

26.80.010 Conditional uses.
26.80.030 Height exceptions.
26.80.040 Area exceptions.
26.80.050 Planned unit development district.
26.80.060 Home occupations.
26.80.070 Community Unit Plan (CUP).

26.80.010 Conditional uses.

A. Purposes. There are a number of uses that present unique problems with respect to their location and relationship with potential surrounding land uses. These uses are not allowed in a particular zoning district by right. However, they may be made compatible or appropriate by attaching certain conditions to their development.

B. Authority. The authority to issue conditional use permits is hereby delegated to the Board of Public Service.

C. Application and Submission Contents and Procedure.

1. An application for a Conditional Use Permit may be filed by the owner, tenant or their representative, or any prospective owner, tenant, or their representative, of the property in question.

2. Applications for Conditional Use Permits shall be filed with the Zoning Administrator and shall be accompanied by data, plans, and information as prescribed by the Board of Public Service to assure the fullest understanding of the application. One copy of the application shall be filed at the same time with the Board of Public Service and one copy shall also be filed with the Community Development Commission. The Zoning Administrator shall provide written notification of an application for a Conditional Use Permit to the Aldermen in whose ward the conditional use is proposed.

D. Review Procedures.

1. The Community Development Commission shall then have forty-five (45) days to submit findings of fact and recommendations to the Board of Public Service. The Commission may delegate the review to the Director of the Community Development Agency. If no report is received within the forty-five (45) days, it will be assumed that the Community Development Commission approves the issuance of a conditional use permit.

2. Upon the receiving of the application for filing, the Board of Public Service shall set a date for, and shall conduct, a public hearing on the application within forty-five (45) days. The zoning administrator shall publish and post a notice of the public hearing at least fifteen (15) days prior to the hearing date. The notice shall be published in a newspaper of general circulation in the City. The notice shall also be posted prominently on the site and on the block of the property in question.

3. The Board of Public Service shall have made a ruling within seven (7) days after the forty-fifth (45th) day referred to in subsection A of this section. A written report shall be filed, which shall include the conditions and restrictions applicable to the use in question.

4. The Conditional Use Permit shall apply to the use in question as long as no changes are made to the site or the structure.

5. A Conditional Use Permit may be valid for a period of one (1) year. Within that time, a building permit shall be obtained and construction started or, in the case where no building permit is required, an occupancy permit shall be obtained or the Conditional Use Permit shall become null and void provided that the one (1) year time limitation shall be tolled by a force majeure.

E. Standards. The Board of Public Service shall not approve a conditional use unless the Board finds that the use conforms to the following standards:

1. The use will not be detrimental to the public health, safety, morals or general welfare;

2. The use will not cause serious injury to the neighboring property by hindering use or reducing or impairing property values;

3. The use will contribute to, enhance, and promote the general welfare and convenience of the specific location;

4. The use will complement or be compatible with the surrounding uses and will not have a negative impact on adjacent uses or community facilities; and

5. The use shall, in all other respects, conform to the applicable zoning regulations and standards, including without limitation the particular regulations and standards stated for particular conditional uses in the various zoning districts.

F. Conditions and Restrictions. The regulations applicable to conditional uses stated in this zoning code are minimum standards. When approving a Conditional Use Permit, the Board of Public Service may stipulate additional conditions and restrictions as necessary to assure that the use complies with the standards of subsection D of this section.
(Ord. 59979 21 (part), 1986.)

26.80.030 Height exceptions.

Subject to the same review procedures as those in Section 26.80.010, the following height exceptions may be authorized:

A. On through lots one hundred twenty (120) feet or less in depth, the height of a building may be measured from the street level on either street. On through lots more than one hundred twenty (120) feet in depth, the height regulations and basis of height measurements for the street permitting the greater height shall apply to a depth of not more than one hundred twenty (120) feet from the street.

B. Grain elevators or gas tanks to be erected to a height in excess of that permitted by the height regulations.

C. Buildings and structures erected by public utility (service) corporations for public convenience or welfare, except that within any dwelling district the height regulations governing public utility corporation buildings and structures shall be the same as the height regulations for churches and schools.
(Ord. 59979 21 (part), 1986.)

26.80.040 Area exceptions.

Subject to Section 26.80.010, an exception may be authorized for an accessory building to occupy more than thirty percent (30%) of the area of a required rear yard, or to exceed twelve (12) feet in height.
(Ord. 59979 21 (part), 1986.)

26.80.050 Planned unit development district.

A. Purpose. The planned unit development district (PUD) is intended, by site plan review and other procedures hereinafter set forth, to encourage the appropriate development of residential, or commercial uses, or the combination thereof, in the best interests of the City. Specifically, the purpose of the district is for:

1. Provide for a scale and flexibility of development which could not otherwise be achieved through the existing single use zoning districts, without detriment to neighboring properties;

2. Encourage site consolidation and planned mixed use development;

3. Allow for changes that may occur in building technology and changes in market demand for various building types; and

4. Provide for the development of property while protecting the ecological, topographical, geological, and historic features that might be damaged by meeting fixed single use district regulations.

B. Use Regulations. All uses permitted in the A, B, C, D and E dwelling districts and the F and G commercial districts are permitted, provided the procedures outlined in this section are followed.

C. Conditional Uses. All possible conditional uses specified in the A, B, C, D and E dwelling districts and the F and G commercial districts may be permitted in determining the privileges and conditions that shall be approved for a PUD.

D. Sketch Plan Submittal. The applicant shall submit at least two copies of a sketch plan to the Community Development Commission, accompanied with a filing fee of one hundred dollars ($100) on forms furnished by the Community Development Commission. The sketch plan shall include both maps and a written statement and shall show enough of the area surrounding the proposed PUD to demonstrate the relationship of the PUD to adjoining uses. The maps may be in general, schematic form, and must contain the following information:

1. The existing topographic character of the land;

2. The existing and proposed land uses and approximate location of buildings and other structures proposed to be demolished or to remain;

3. The character and approximate density of dwellings;

4. The approximate location of major thoroughfares; and

5. Public uses, including schools, parks, playgrounds and other open spaces.

6. The written statement must contain the following information:

a. An explanation of the character of the PUD including the number of any proposed residential units and the proposed square footage for any commercial or industrial space;

b. A statement of proposed financing;

c. A statement of the present ownership of all the land included within PUD; and

d. A general indication of the expected schedule of development including the projected phases of development, if any.

E. Community Development Commission Review. Upon receipt of a sketch plan by the Community Development Commission, it shall refer a copy to the Zoning Administrator and review said sketch and make a report of its findings and recommendations, in writing to the Board of Aldermen no later than the Aldermanic Committee public hearing on the proposed PUD, otherwise a favorable recommendation shall be assumed. The Community Development Commission in making its report to the Board of Aldermen shall set forth as reasons for recommendation for or against the plan and specific evidence and facts as to whether or not the proposed PUD meets the following conditions:

1. That the values of buildings and the character of the property adjacent to the area included in said plan will not be adversely affected;

2. That the proposed development is consistent with the intent purposes of the zoning code to promote public health, safety, morals and general welfare; and

3. That the proposed development plan is consistent with any previously approved development plan that may affect the site and with the City's comprehensive plan.

F. Introduction of Ordinance. Upon action by the Community Development Commission or forty-five (45) days after the submission of the plan to the Community Development Commission, whichever comes first, a proposed ordinance may be introduced in the Board of Aldermen. When such proposed ordinance is introduced in the Board of Aldermen, the committee to which it is properly referred for consideration shall hold a public hearing and publish notice thereof in accordance with the procedure for rezoning as set out in Section 26.92.040.

G. Development Plan. If the Board of Aldermen approves the ordinance for the PUD, a development plan for the PUD shall be submitted to the Community Development Commission for approval. In making its determination whether to approve or disapprove a development plan, the Community Development Commission shall review the development plan for its conformity to the approved sketch plan. The development plan shall show and be accompanied by the following information, expressed in precise dimensions and project data, to assure the fullest understanding of the application:

1. Applicant's name and address;

2. Site plan drawn at 1" = 50' or larger (i.e., 1" = 20');

3. Site location map showing the site in the context of the City's major street network;

4. A title block shall be included and shall show the following information:

a. Project name,

b. Name of developer,

c. Scale,

d. Date of drawing;

5. The boundaries and all dimensions of the site, including easements;

6. Existing topography and proposed changes at contour intervals or more than five (5) feet;

7. Existing trees of greater than six (6) inch caliber, indicating any that are to be removed;

8. The location and dimensions of all proposed and existing buildings to remain, showing the height (stories and feet) of each building;

9. The location and dimensions of all drives and aisles, and the dimensions and number of parking stalls;

10. Landscape plan showing the size and species of all plant material and related site improvements, including retaining walls, sidewalks, plazas, fountains, etc.;

11. The system of storm water control both during and after construction;

12. The locations and access to all utilities including storm and sanitary sewer, water, gas and electricity;

13. Exterior lighting, showing location, height and type;

14. Project information including the following:

a. Site area in square feet and acres,

b. Commercial building floor area,

c. Building coverage,

d. Site coverage (buildings plus parking and driveways),

e. Parking spaces required and provided;

15. Schematic architectural plans showing floor plans, building elevations, and building sections where necessary for clarification.

H. Standards. Except as provided in conditions and restrictions required for a specific PUD by the Board of Aldermen, the following standards shall apply:

1. No setback requirements will be required except those dictated by other City codes;

2. Height requirements shall be the same as those for the least restrictive adjacent residential zoning district. If no residential zoning district is adjacent then the standards shall be the same as those for the E multiple-family dwelling district;

3. All lots shall have access to a public or private street either directly or by way of a court or drive maintained under the jurisdiction of a trustee organization;

4. The overall residential density of the PUD should be no greater than that permitted in the E multiple-family dwelling district;

5. The PUD shall include at minimum twenty (20) percent of the site in open space, half of which may be privately controlled;

6. The project shall not be required to be on one contiguous site; however, the PUD shall extend in area only so far as it can still reasonably be considered one development. Any intervening property shall be included on the development plan and shall be described;

7. Buffering or screening with vegetation may be required between separate uses or between existing and proposed development.

I. Permits and Certificates. If the Community Development Commission approves the development plan for the PUD, building permits and certificates of occupancy may be issued therefor, even though the use of land, height and location of structures, including yards and open spaces, does not conform in all respects to the zoning district regulations.

J. Phased Development. In those developments which are to be constructed in phases, the ordinance shall approve the entire project, however, a development plan for only the initial phase of construction may be submitted to the Community Development Commission. Construction of subsequent phases will require approval of development plans. These plans must conform to the originally approved sketch plan.

K. Changes in the PUD. Any changes in a planned unit development approved by the Board of Aldermen consisting of a change in boundary, change in use, or change in projected schedule of development must be reintroduced into the Board of Aldermen as an amendment to said planned unit development.

L. Period of Validity. The planned unit development approval shall be valid for a period of eighteen (18) months unless within that time a building permit is obtained and substantial construction is commenced. The Community Development Agency may grant extensions upon written request of the applicant. There is no limit on the time of construction, however, a time limit may be required as a condition of approval.

M. Transferability of Permit. A permit for a PUD is transferable.
(Ord. 59979 21 (part), 1986.)

26.80.060 Home occupations.

Notwithstanding any other provision of this zoning code, no home occupation shall be a permitted use unless it complies with the following:

A. No home occupation shall be permitted that:

1. Changes the outside appearance of the dwelling or is visible from the street;

2. Generates traffic, parking, sewerage, or water use in excess of what is normal in the residential neighborhood;

3. Creates a hazard to person or property, results in electrical interference, or becomes a nuisance;

4. Results in outside storage or display of anything;

5. Employs anyone who is not also a resident of the home;

6. Displays a sign.

B. The following are permitted home occupations provided that they do not violate any of the provisions of the previous paragraph:

1. Dressmakers, seamstresses, tailors;

2. Painters, sculptors, composers, or writers;

3. Telephone answering;

4. Home crafts, such as model making, rug weaving, lapidary work and cabinet making;

5. Tutoring, limited to two (2) students at a time;

6. Home cooking and preserving;

7. Computer programming;

8. Practice of their profession by architects, engineers, landscape architects, graphic artists, other designers, lawyers, insurance agents, brokers, and members of similar professions;

9. Work by salesmen, sales representatives, or manufacturers representatives, only when no retail or wholesale sales are made or transacted on the premises for goods, products or materials, or displayed, warehoused or stored on the premises. Catalog sales for goods, products or materials not inventoried, warehoused or stored on the premises are permissible.

C. The following are prohibited as home occupations:

1. Animal clinics;

2. Dancing schools;

3. Doctor and dentist offices;

4. Mortuaries;

5. Stables or kennels;

6. Private clubs;

7. Repair shops;

8. Restaurants;

9. Tourist homes;

10. Automobile repair or paint shops.

D. Any proposed home occupation that is neither specifically permitted by subsection B of this section nor specifically prohibited by subsection D of this section shall be considered a conditional use that may be allowed subject to the provision of Section 26.80.010 and, in addition, upon consideration of those standards contained in subsection A of this section.
(Ord. 59979 21 (part), 1986.)

26.80.070 Community Unit Plan (CUP).

A. The owner or owners of any tract or tracts of contiguous land comprising an area of not less than fifteen (15) acres, including streets and alleys except boundary streets, may submit a plan for the use and development of all of such tract or tracts of land to the Community Development Commission.

B. A one hundred dollar ($100.00) filing fee shall be required at the time such a plan is submitted to the Community Development Commission.

C. Upon receipt of a plan by the Community Development Commission, it shall review said plan and make a report of its findings and recommendations, in writing to the Board of Aldermen. The Community Development Commission in making its report to the Board of Aldermen shall set forth its reasons for approval or disapproval of the plan and specific evidence and facts as to whether or not the proposed community unit plan meets the following conditions:

1. That the values of buildings and the character of the property adjacent to the area included in said plan will not be adversely affected;

2. That said plan is consistent with the intent and purposes of the zoning code to promote public health, safety, morals and general welfare;

3. That the average lot area per family contained in the site, exclusive of the area occupied by street, shall not be less than the lot area per family required for the district in which the development is located.

D. Upon the receipt of the Community Unit Plan in the Board of Aldermen or the expiration of forty-five (45) days from the date of the submission of the plan to the Community Development Commission, a proposed ordinance may be introduced in the Board of Aldermen. When such proposed ordinance is introduced in the Board of Aldermen, the Committee to which it is properly referred for consideration shall hold a public hearing and publish notice thereof in accordance with the procedure for rezoning as set out in Section 26.92.040 of the Code. If the Board of Aldermen approves the ordinance for the Community Unit Plan, building permits and certificates of occupancy may be issued therefor, even though the use of land, height and location of structures, including yards and open spaces, does not conform in all respects to the zoning district regulations.

E. Any proposed change in any Community Unit Plan consisting of a change in boundary or change in use shall be submitted for approval as an amendment to the Community Unit Plan in the same manner as provided in subsections C and D of this section.

F. Any other proposed change shall be submitted for approval as an amendment to the Community Unit Plan in the same manner as provided for the granting of conditional use permits in accordance with the procedure set out in Section 26.80.010 of the Code.

G. At the time any amendment to a community unit plan is submitted a filing fee of twenty dollars ($20.00) shall be required.
(Ord. 63299 2, 1994: prior: Ord. 59979 21 (part), 1986.)

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