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HomeMy Public PortalAboutSt. Louis County 25,494, 23,553, 24,256, 26,11125494.docx /Ords/2013 7/31/2013 68k 2 hits BILL NO. 141 , 2013 ORDINANCE NO. 25,494 , 2013 Introduced by Councilmember Erby for Burkett AN ORDINANCE AMENDING CHAPTER 1114, TITLE XI SLCRO 1974 AS AMENDED, “LAND DISTURBANCE CODE,” BY REPEALING AND RE-ENACTING SECTIONS 1114.100, 1114.200, 1114.300 AND 1114.400. BE IT ORDAINED BY THE COUNTY COUNCIL OF ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS: SECTION 1. Title XI SLCRO 1974 as amended, “Public Works and Building Regulations,” Chapter 1114, “Land Disturbance Code,” is amended by repealing and re- enacting Sections 1114.100, 1114,200, 1114.300 and 1114.400, which shall read as follows: 1114.100 CHAPTER 1 - ADMINISTRATION SECTION 101.0 SCOPE 101.1 Title: These regulations shall be known as the “Land Disturbance Code” of St. Louis County, Missouri, hereinafter referred to as “this Code.” 101.2 Introduction: On Construction or Land Disturbance Sites, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Deposits of eroded soil also necessitate maintenance of sewers and ditches and the dredging of lakes. In addition, clearing and grading during construction cause the loss of native vegetation necessary for terrestrial and aquatic habitat. Construction activities also Page 1 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... utilize materials and generate wastes, which if not properly controlled can pollute receiving waters. 101.3 Purpose: The purpose of this Code is to safeguard persons, protect property, and prevent damage to the environment in St. Louis County. This Code will also promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth [on land] in St. Louis County. 101.4 Scope: This Code provides for the safety, health and welfare of the public by regulating and controlling the design, construction, use, and maintenance of any development or other activity that disturbs land surfaces or results in the movement of earth in the unincorporated part of St. Louis County, Missouri or any municipality in St. Louis County contracting with the County for Land Disturbance Code enforcement. 101.5 Definitions: For the purpose of this Code, the following terms, phrases, words, and their derivations shall have the meanings given herein. Where terms are not defined by this section, such terms shall have ordinarily accepted meanings such as the context implies. Best Management Practices or BMP: Practices, procedures, methods, devices, or a schedule of activities to reduce the amount of sediment and other pollutants in storm water discharges associated with construction and Land Disturbance Activities. Board: The Board of Appeals or Building Commission as provided for in Section 4.330, St. Louis County Charter. Borrow Pit or Site: An area where material (usually soil, gravel, or sand) is excavated for use at another location. Clearing: Any activity that removes the vegetative surface cover or destroys the root system. Page 2 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... Code or this Code: The “Land Disturbance Code” of St. Louis County, Missouri, as adopted by St. Louis County Ordinance. Commercial: A development for or consisting of any type of use other than Residential as defined in this code. Community Garden: A single piece of land gardened collectively by a group of people for the purpose of growing fresh vegetables and similar produce for their own consumption or to donate to others. Construction Site or Land Disturbance Site: A parcel or contiguous parcels, where Land Disturbance Activities are performed as part of a proposed development. County: St. Louis County, Missouri Department of Health: The County Department of Health, acting through its Director, or his/her duly authorized designee. Department of Highways and Traffic: The County Department of Highways and Traffic, acting through its Director, or his/her duly authorized designee. Department of Planning: The County Department of Planning, acting through its Director, or his/her duly authorized designee. Department of Public Works: The County Department of Public Works, acting through its Director, or his/her duly authorized designee. Disaster: A disaster shall include but not necessarily be limited to flood, windstorm, tornado, severe storm, earthquake, bomb blast, explosion or similar natural or man- made type event. The Code Official shall make the determination whether an event shall be declared a disaster. Drainage Way: Any channel that conveys surface runoff through a site. Page 3 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... Emergency: An event or occasion that requires immediate action in order to preserve or restore the public peace, health, safety or welfare. Erosion: The wearing away of land surface through the action of wind or water. Erosion Control: Any Best Management Practices (BMP) that prevents or minimizes erosion. Grading: Reshaping the ground surface through excavation and/or fill of material. Land Disturbance Activities: Clearing, grading or any related work which results in removal of the natural site vegetation or destruction of the root zone or otherwise results in leaving the ground surface exposed to soil erosion through the action of wind or water. Land Disturbance, Major: Any Land Disturbance Activity involving one (1) acre or more of land, or a site involving less than one (1) acre that is part of a proposed development that will ultimately disturb one (1) acre or more. Land Disturbance, Ordinary: Any Land Disturbance Activity involving less than one (1) acre of land. Land Disturbance Permit: A permit issued by the authority having jurisdiction authorizing a Land Disturbance Activity at a specific site subject to conditions stated in the permit. A Permit may be for any one or more Major or Ordinary Land Disturbance Activities. Perimeter Control: A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin. Phasing: Clearing a parcel of land in distinct stages, with the stabilization of each phase substantially completed before the clearing of the next. Qualified Professional: A Missouri licensed professional engineer or person who has been tested and certified by an independent organization as having Page 4 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... passed an examination in the principles and practices of erosion and sediment control and methods to prepare SWPPPs and who is also [other person or firm]knowledgeable in the principles and practices of erosion and sediment control, including the Best Management Practices described in this Code. Registered Design Professional: An individual who is registered or licensed to practice his/her respective design profession as defined by the statutory requirements of the professional registration laws of the State of Missouri. Residential: A development for or consisting of detached single-family dwellings, detached two-family dwellings, or multiple single-family dwellings (townhouses). Runoff coefficient. The fraction of total rainfall that exits at the outfalls from a site. Sediment Control: Any Best Management Practices that prevent eroded sediment from leaving a site. Site Construction Plans: Written, graphic and pictorial documents prepared or assembled for describing the design, location and physical characteristic of land disturbance activities and related features, elements, and components of a project necessary for obtaining a land disturbance permit. Special Inspections: Inspection requiring special expertise of the erosion and sediment and other pollutant control measures, outfalls, and off-site receiving waters, the purpose of which is to ensure the proper installation, operation, and maintenance of the Best Management Practices (BMP) and to determine the overall effectiveness of the Storm Water Pollution Prevention Plan (SWPPP) and the need for additional control or corrective measures. Stabilization: The use of Best Management Practices (BMP) that prevent exposed soil from eroding from a land disturbance site. Start of Construction: The first Land Disturbance Activity associated with a development. Page 5 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... Stockpile: A temporary pile or storage location on a commercial site for materials that can be used as approved fill material under this Code as future on-site fill or as fill at another approved location for proposed development that is in the permit/review approval process. Storm Water Pollution Prevention Plan (SWPPP): A management plan, the purpose of which is to ensure the design, implementation, management and maintenance of Best Management Practices (BMP) in order to reduce the amount of sediment and other pollutants in storm water discharges associated with Land Disturbance Activities, comply with the standards of the County and ensure compliance with the terms and conditions of the applicable state permits, including adherence to the land disturbance program contained in Missouri MS4 NPDES permits. Water Course: A natural or artificial channel or body of water, including but not limited to lakes, ponds, rivers, streams, ditches and other open conveyances that carry surface runoff water either continuously or intermittently. 101.6 SERVICE TO MUNICIPALITIES 101.6.1 Contracting with Municipalities: The County Executive, is hereby authorized to contract with municipalities within the County to provide appropriate services to enforce the requirements of this Code, and further to collect fees for applicable permits and inspections issued or made pursuant to such contracts. No contract for services under this Code shall be entered into until the municipality desiring to contract with the County for enforcement of this Code shall: 1. Contract with the County for explosives code enforcement services; and 2. Adopt a code identical in substance to this Code; and 3. Perform the functions associated with the authority and responsibilities of the Department Page 6 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... of Planning identified in section 103.1 of this Code, or other mutually agreeable services; and 4. Perform the functions associated with the authority and responsibilities of the Department of Highways and Traffic identified in Section 103.3 of this Code with respect to municipal streets and roadways and flood plain administration and enforcement or other mutually agreeable services. 101.6.2 Municipal Zoning Approval: Except with respect to property owned or controlled by County, all plans for Land Disturbance Activities within the corporate limits of any municipality that contracts with the County for code enforcement services shall be reviewed and approved by the contracting municipality for compliance with its zoning or other municipal regulatory ordinances or provisions prior to issuance of a County permit under this Code. SECTION 102.0 APPLICABILITY 102.1 Other Laws: The provisions of this Code shall not be deemed to nullify any provisions of County, state or federal law. 102.2 Referenced Standards and Manuals: The standards and manuals referenced below shall be considered a part of the requirements of this Code. Where conflicts occur between the provisions of County ordinances, including this Code, and the referenced standards and manuals, the provisions of County ordinances shall apply. 1. County’s Model Best Management Practices for Land Disturbance – Sediment and Erosion Control Manual 2. County’s Design Criteria for the Preparation of Improvement Plans Manual 3. County’s Standard Specification for Highway Construction Manual 4. Standard Method 2540 F from the Standard Methods for Examination of Water and Wastewater jointly published by the American Public Health Association (APHA), the American Water Works Association (AWWA), and the Water Environment Federation (WEF) Page 7 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... SECTION 103.0 ENFORCEMENT 103.1 Department of Planning: The Department of Planning shall have the authority and responsibility to perform the following functions related to the enforcement of this Code as associated with Major Land Disturbance Permits: 1. Administer the determination, collection and release of land disturbance escrows required by this Code in coordination with the Departments of Public Works and Highways and Traffic. 103.2 Department of Public Works: The Department of Public Works shall have the authority and responsibility to perform the following functions related to the enforcement of this Code: 1. Receive applications for Major Land Disturbance Permits; 2. Coordinate the review of Major Land Disturbance permit applications and accompanying documents with the Departments of Planning and Highways and Traffic; 3. Coordinate the issuance of the Major Land Disturbance permit with the Departments of Planning and Highways and Traffic and issue such permits. Such permits may authorize any one or more Major Land Disturbance Activity; 4. Inspect Commercial Land Disturbance Activities; and residential land disturbance activity associated with permitted construction of buildings or structures; 5. Inspect Commercial Land Disturbance Activities within or abutting areas designated one-hundred (100) year flood plain; and 6. Receive applications, perform plan review, inspect and issue of permits for Ordinary Land Disturbance Activities relating to Best Management Practices (BMP) to be utilized to control erosion and sedimentation from leaving the site Page 8 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... during construction and other Land Disturbance Activities. 103.3 Department of Highways and Traffic: The Department of Highways and Traffic shall have the authority and responsibility to perform the following functions related to the enforcement of this Code: 1. Plan review of Major Land Disturbance Activities; 2. Plan review and inspection of Land Disturbance Activities related to construction, repair, maintenance, or condition of roadways and roadway right-of-ways which are maintained by the County; 3. Plan review of Land Disturbance Activities within or abutting areas designated one-hundred (100) year flood plain; 4. Inspect Residential Land Disturbance Activities within or abutting areas designated one-hundred (100) year flood plain; and 5. Inspect Residential Land Disturbance Activities except activities associated with permitted construction of buildings and structures. 103.4 Protection of Adjacent Property: No Major Land Disturbance Permit or Ordinary Land Disturbance Permit shall be issued where the Department of Highways and Traffic and/or the Department of Public Works finds that the proposed land disturbance activity would result in a material change in the amount or pattern of surface water run-off to the substantial injury of neighboring public or private property or right-of-way. All land disturbance activities shall be carried out in such a manner as to minimize inconvenience and harm to adjacent properties and property owners. 103.5 Rule-making Authority: County departments having enforcement authority and responsibilities described in Section 103 of this Code shall have the authority, as necessary in the interest of public Page 9 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... health, safety and general welfare, to adopt and promulgate rules and regulations to interpret and implement the provisions of this Code, in order to secure the intent thereof, and to designate requirements applicable because of local climatic or other conditions. Such rules and regulations shall not have the effect of waiving requirements specifically provided for in this Code or of violating accepted engineering practices involving the purpose of this Code. SECTION 104.0 VIOLATIONS 104.1 Unlawful Acts: It shall be unlawful for any person, firm or corporation to perform any Land Disturbance Activities, or cause or allow same to be done without obtaining the appropriate permit to do so, or to be otherwise in conflict with or in violation of any of the provisions of this Code. 104.2 Notices of Violations: When the Department of Public Works[, the Department of Planning] or the Department of Highways and Traffic determines that a violation of this Code exists, the respective Director shall notify the violator. The notification shall be in writing and shall be delivered to the violator or his/her legally authorized representative or mailed to his last known address via first class mail postage prepaid. Any person having been notified that a violation exists and who fails to abate the violation within [ten] seven calendar days after notification, shall be subject to the penalties enumerated in [Sections 104.4 and 104.4.1] this Code. 104.2.1 Notices of Violations on Highways and Traffic Projects: The Notice of Violation will consist of the site Storm Water Pollution Prevention Plan (SWPPP) Construction Site inspection report delivered to the contractor by the resident engineer or their assign. Any person having been notified that a violation exists and who fails to abate the violation within seven calendar days after notification, shall be subject to the penalties enumerated in [Sections 104.4 and 104.4.1] this Code and/or penalties issued by the Missouri Department of Natural Resources (MDNR) and/or the Environmental Protection Agency (EPA). Page 10 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... 104.3 Prosecution of Violation: If the violator does not abate the violation promptly, the Department of Public Works[, Department of Planning] or the Department of Highways and Traffic shall request the County Counselor to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation. 104.4 Violation, Penalties: Any person, firm or corporation who shall: 1. violate any provision of this Code, or 2. fail to comply with any of the requirements of this Code, or 3. perform work in violation of the approved construction documents or the Storm Water Pollution Prevention Plan, or any directive of the Department of Public Works[, Department of Planning,] or the Department of Highways and Traffic, or of a permit or certificate issued under the provisions of this Code, or 4. start any work requiring a permit without first obtaining a permit therefore, or 5. fail to call for the required County inspections, or 6. fail to cause or make the special inspector’s regular and after-rain inspections or file the required special inspector weekly reports, or 7. continue any work on or about the site [in or about a structure] after having been served a stop-work order, except for such work which that person, firm or corporation has been directed to perform to remove a violation or unsafe conditions, or 8. [any owner of a property or any other person who commits, takes par or] assist in any violation of this Code, or 9. maintain any property on which a violation of this Code exists, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 or by imprisonment not exceeding 90 days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. [104.4.1 Contractor Non-compliance on County Projects: the County may choose, at its option, to use County forces, or hire a contractor or use other methods to correct the land disturbance violation after seven calendar days or less, Page 11 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... from the Notice of Violation date, if the Missouri Clean Water Act may possibly be violated. Weather related non- compliance might be tolerable. The County may deduct that amount incurred to correct the land disturbance violation from the contract obligation.] 104.4.1 [104.4.2 No-Permit Penalty]Failure to Obtain a Permit: In addition to the actions and penalties [set out above] contained in Sections 104.3 and 104.4 above, County may implement the following procedure [shall be followed where a County Department identified in Section 103 determines that] when work has been started prior to [the acquisition] issuance of a permit required by this Code: 1. [The Department shall] Issue a stop work order. 2. [The Department Director shall notify the violator of his/her assessment regarding the appropriate penalty amount to be assessed against the violator,] Assess an administrative penalty which shall not exceed the greater of $500.00 or 1 percent of the cost of the land disturbance activities [One Thousand Dollars ($1,000.00) for each day that work occurs without a permit]. In making the assessment, the Department [shall] will consider whether the violator has previously violated this Code and whether the occupation or experience of the violator indicates that he/she knew or should have known that a permit was required. [In no case will a No- Permit Penalty be assessed against a property owner unless he/she actually performed the work involved. 3. At the violator’s option, he/she may deposit the assessed penalty amount in escrow (certified check or cash only) with the Department, in which case the violator’s right to a hearing will be preserved. 4. No-Permit Penalties are appealable to the Building Commission in the same manner as other decisions of the Department. The Department may revise its assessment upon notice to both the Building Commission and the violator at any time prior to the hearing. Likewise, at any time prior to the hearing, the violator may accept and pay the Page 12 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... recommended penalty amount and the hearing will be canceled. 5. At the hearing before the Building Commission, said Commission shall afford both the Department and the alleged violator an opportunity to present any evidence or make any statements they wish to have considered. 6. Following the hearing the Building Commission shall determine whether a permit was required: a. If the Building Commission determines that a permit was required, an appropriate penalty amount shall be assessed, taking into account the same considerations as noted above. The stop work order shall remain in full force and effect until such time as the penalty amount is paid and the violator has complied with all other regulations pertaining to the issuance of permits. b. If the Building Commission determines that no permit was required, the Department shall immediately cancel the stop work order.] 104.4.2 Failure to Perform Special Inspections, Produce Special Inspector Reports, Request Inspections, or Implement BMP: In addition to the actions and penalties contained in Sections 104.3 and 104.4 above, County may implement the following procedure, when a person fails to conduct special inspections, fails to submit special inspector reports, fails to schedule the required inspections, or fails to implement BMP), including re-establishing permanent vegetation on the site as required by this Code: 1. Issue a violation, and, if the violation is failure to perform special inspections or produce special inspection reports, also issue a stop work order. 2 Assess an administrative penalty which shall not exceed $500.00; except that in addition, assess an administrative penalty of up to $100.00 per day for failure to implement BMP. In making the assessment, the Department will consider whether the violator has previously violated this Code and whether the occupation or experience of the violator indicates that he/she knew Page 13 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... or should have known that Special Inspector Inspections, Special Inspector Reports, or County Inspections were required, or that BMP were required to be implemented. 104.5 Appeal: Appeals from County actions or penalties imposed pursuant to Section 104.4.1 or 104.4.2 shall be governed by provisions relating to appeals to the Board contained in Section 105. [104.5]104.6 Abatement of Violation [violation]: The imposition of the penalties herein prescribed shall not preclude the County Counselor from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal use of a property or to stop an illegal act. [104.6] 104.7 Permit Suspension or Revocation: County may suspend or revoke any permit [A land disturbance permit may be suspended or revoked under the provisions of this code whenever] if the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information, or in violation of any County ordinance, including this Code, or any state or federal regulation [, or any provisions of this code]. In addition, County may suspend or revoke any permit [W]when a Land Disturbance Activity is conducted in violation of the requirements of this Code or the terms of the permit in such a manner as to materially adversely affect the safety, health or welfare of persons, or materially be detrimental or injurious to property or improvements[, the Department of Public Works or the Department of Highways and Traffic may suspend or revoke such permit]. [104.7] 104.8 Stop Work Order: In addition to the stop work orders issued pursuant to sections 104.4.1 and 104.4.2, [U]upon notice from the Department of Public Works or the Department of Highways and Traffic that work on any property is being prosecuted contrary to the provisions of this Code or in an unsafe and dangerous manner, the person performing such work shall stop work [be] immediately [stopped]. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work; and shall state the Page 14 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... conditions under which work will be permitted to resume. [104.7.1 Unlawful Continuance: Whenever the Department of Public Works or the Department of Highways and Traffic finds that any Land Disturbance Activity is being prosecuted contrary to the provisions of this Code or in an unsafe and dangerous manner, the owner or the person performing such Activity shall immediately stop such Activity. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work; and shall state the conditions under which work will be permitted to resume.] Any person, who shall continue any work in or about the property after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as specified in [Sections 104.4 or 104.4.1 of] this Code. 105.1 APPEALS 105.2 Application for Appeal [appeal]: Any person shall have the right to appeal a decision of the Department of Planning, the Department of Public Works or the Department of Highways and Traffic to the Board [Building Commission]. The Board [of Appeals, hereafter referred to as the Board,] shall consist of the members of the Building Commission created in Article IV, Section 4.330 of the St. Louis County Charter. [An application for appeal shall be based on a claim that the intent of this Code or the rules or regulations adopted there under have been incorrectly interpreted or the provisions of this Code do not apply.] 105.1.1 Filing Procedure: All appeals shall be filed in writing with the Department of Public Works. All appeals shall be filed within thirty (30) days after the decision to be appealed is rendered by the departments identified in this section. Page 15 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... 105.1.2 Filing Fee: All appeals must be accompanied by a fee in the amount specified in Chapter 1100, SLCRO 1974, as amended. 105.2 Notice of Hearing on Appeal [Meeting]: The Board [Commission] shall meet upon notice from the Chairman[of the Building Commission], within thirty (30) [ten] days of the filing of an appeal, or at stated periodic meetings. 105.3 Open Hearing: All hearings before the Board [Commission] shall be open to the public. The appellant, the appellant’s representative, the County department(s) having enforcement authority and responsibilities described in section 103.0 of this Code, and any person whose interests are affected, shall be given an opportunity to be heard. 105.4 Procedure: The Board [Commission] shall adopt and make available to the public [through the secretary] procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence but shall mandate that only relevant information be received. 105.5 Board [Commission] Decision: Decisions by the Board [Commission] to reverse or modify a decision by a Department requires a minimum vote of three members. 105.6 [105.6.1] Resolution: The decision of the Board [Commission] shall be in writing and shall consist of findings of fact and conclusions of law. Copies shall be furnished to the appellant and to the County department(s) having enforcement authority and responsibilities. [described in section 103.0 of this Code.] [105.6.2 Administration: The applicable County Department identified in section 105.1 of this Code shall take immediate action in accordance with the decision of the Board [Commission]] 105.7 Court Review: A party adversely affected by a decision of the Board [Commission] may appeal to an Page 16 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... appropriate court from such decision. Application for review shall be made in the manner and time required by law following the filing of the[decision] findings of fact and conclusions of law. SECTION 106.0 LAND DISTURBANCE PERMITS REQUIRED 106.1 County Permit Required: Any person who intends to conduct any Land Disturbance Activity must obtain a permit prior to beginning the activity. The type of permit shall be as required by sections 106.1.1 or 106.1.2 in this Code. Exception: Activities that do not require permits under Section 106.3 of this Code. 106.1.1 Major Land Disturbance Permit: No person shall perform any Major Land Disturbance Activity prior to receipt of a Major Land Disturbance Permit. Applications for Major Land Disturbance Permits shall be filed with the Department of Public Works. Exception: Activities that do not require permits under section 106.3 of this Code. 106.1.2 Ordinary Land Disturbance Permit: No person shall perform any Ordinary Land Disturbance Activity prior to receipt of an Ordinary Land Disturbance Permit. Applications for Ordinary Land Disturbance Permits shall be filed with by the Department of Public Works. Exceptions: 1. Activities that do not require permits under section 106.3 of this Code. 2. An Ordinary Land Disturbance Permit is not required for County Highways and Traffic and Parks and Recreation projects; provided erosion and sediment control measures are provided until grass or other vegetation is established or other approved ground cover means are used. Page 17 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... 106.1.2.1 County Building Construction Permits and Related Ordinary Land Disturbance Activities: The Department of Public Works may include Ordinary Land Disturbance Activities associated with the construction of a building, structure, or parking lot and installation of associated utilities, sewers, or equipment serving the building, structure, or parking lot authorized by a permit issued under the building, plumbing, electrical, and mechanical codes as an integrated permit for the proposed construction. 106.1.2.2 Land Disturbance Activities Related to Emergency Work: Where work and associated land disturbance activities must be performed in an emergency situation to protect the health, safety and welfare of the general public, other than disaster response activities described in Item 1 of Section 106.3, the application for permit must be filed within 48 hours (two business days). Every person shall immediately report [A]all emergency work [shall be reported immediately] to the Department of Public Works, or in the case of work within a roadway to the Department of Highways & Traffic [in a manner] and apply for appropriate permits pursuant to procedures directed by the Department. [Applications not filed within 48 hours and the permits not issued within a reasonable timeline because additional information is required from the applicant is subject to violation and a no-permit penalty in addition to the required permit fees.] 106.2 Limitation on Transfer of Land Disturbance Permits: Any person who buys land from a person who has been issued a land disturbance permit under sections 106.1.1 or 106.1.2 of this Code must obtain a separate land disturbance permit from County. Exceptions: 1. Portions of a site having a Major Land Disturbance permit may be transferred to a new land owner provided the original permit holder obtains the approval of the Department of Planning and the Department of Public Works to retain responsibility for the Land Disturbance Activities on the remaining portions of such property not transferred to the land owner. Page 18 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... 106.3 Exceptions - Land Disturbance Permits Not Required: Land Disturbance Permits are not required for the activities identified as items 1 and 7 in this section, nor are such Permits required for the activities identified in items 2, 3, 4, 5 and 6, provided the activity does not alter, or cause to be altered, the present surface of the ground: a) by any cut or fill at the property line; b) by any cut or fill that would permanently divert one drainage area to another drainage area; c) by any cut or fill which would deposit mud or harmful silt, or create erosion or damage to adjoining properties; [or]d) by any cut or fill that would block or affect an existing swale or drainage path in a manner to cause damming and ponding; e) by any cut or fill within a flood plain without a floodplain study being approved by the County, or f) by any cut or fill within a creek or waterway channel. 1. Any disaster response [emergency] activity that is immediately necessary for the protection of life, property, or natural resources. 2. Existing farming, nursery and agricultural operations conducted as a permitted or accessory use. 3. Land Disturbance Activities involving less than thirty (30) cubic yards of earth/soil moved and less than 2000 square feet of disturbed area provided the Land Disturbance Activity is for the improvement of the property. Erosion and sediment control measures shall be provided when necessary, until grass or other vegetation is established or other approved means of ground cover means are used. 4. Land Disturbance Activities associated with additions to and accessory structures for one- and two-family dwellings. 5. Removal of existing or dying grass or similar vegetation by disturbing not more than 10,000 square feet and re-sodding or re-seeding with new landscaping to include preparation of the seed bed; provided erosion and sediment control measures Page 19 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... are provided until the grass or other vegetation is established. Any cut or fill in conjunction with the preparation of the seedbed shall not exceed thirty (30) cubic yards. 6. Gardening and similar activities on property occupied by one- or two-family dwellings and Community Gardens less than 2000 square feet in area, provided there is a vegetative buffer around the perimeter of the garden or other approved method to prevent eroded sediment from leaving the site. 7. Land Disturbance Activities by any public utility for the installation, inspection, repair or replacement of any of its equipment or for its collection or distribution lines or piping systems; provided erosion and sediment control measures are provided until grass or other vegetation is established or other approved ground cover means are used. This exception does not apply to any Land Disturbance Activity associated with work that requires a building permit or special use permit. 106.4 State of Missouri and Other Agency Permits Required: The permit applicant [must]shall obtain a land disturbance permit from the State of Missouri Department of Natural Resources for any site where one (1) acre or more of land will be disturbed before beginning any site work authorized by a County permit. This requirement applies to sites of less than one acre that are part of a proposed development that will ultimately disturb one acre or more. If permits are also required from other County Departments or from State or Federal agencies, the permit applicant shall obtain the required permits before beginning any site work authorized by a County land disturbance permit. 106.5 Specialized Land Disturbance Permit; A specialized land disturbance permit may be issued for clearing and grubbing, borrow pits or sites, stockpiling of approved fill materials, rough grading, or similar specialized work provided applicant has submitted a SWPPP, adequate plans, and information complying with pertinent requirements of Page 20 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... this Code for the advance work. The holder of such specialized permit shall proceed at their own risk with the scope of land disturbance work authorized without assurance that additional land disturbance activities will be approved. If County does not approve additional land disturbance activities, the holder of the specialized permit shall maintain temporary erosion and sediment control measures until permanent engineered BMP are installed, if required, and permanent vegetation on the site is re- established. 106.6 Posting of Permit and Inspection Placard: Work requiring a permit shall not commence until the permit- holder posts the permit and inspection placard at the job site for the recording of inspections. The permit and inspection placard shall be placed in a transparent envelope or other approved transparent receptacle that provides weather protection and kept on the site of work in an approved location until the completion of the land disturbance work. 106.7 Expiration: Land disturbance permits shall expire and become invalid under any of the following conditions: 1. Work on the site does not commence within 180 calendar days after issuance of the permit; 2. Work on the site is suspended or abandoned for a period of 180 calendar days; 3. More than six (6) months has transpired since the issuance of an Ordinary Land Disturbance Permit, and no extension has been requested; 4. More than two (2) years have transpired since the issuance of the Major Land Disturbance Permit, and no extension has been requested; 5. The deposit agreement required by the Planning Department for the Major Land Disturbance is no longer valid. 6. If requests for extension have not been granted. [the permit holder does not apply for an extension of the permit or if the request for an extension is not granted.] The Department of Public Works may issue permits having a longer duration than indicated above for land disturbance activities associated with quarries, sand and gravel Page 21 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... dredging operations, and similar long-term specialized borrow pit or site excavation operations. The Department shall collect the permit extension fees that normally would otherwise be collected in accordance with Section 106.7.1, along with fees for any additional inspections that may be required, at the time the permit having a longer duration is issued. Permits issued for longer durations shall have an expiration date. Upon expiration of the longer duration permit the Department of Public Works may grant additional extensions in accordance with Section 106.7.1. 106.7.1 Permit Extensions: One or more extensions of time, for periods not to exceed three months each for an Ordinary Land Disturbance and one year each for a Major Land Disturbance, may be granted subject to a permit extension fee at the rate prescribed in Chapter 1100, SLCRO. The request for a permit extension shall be submitted to the County in writing, and justifiable cause demonstrated, by the permit-holder at least 10 working days before the expiration of the permit. The request shall also include a construction schedule that represents a reasonable good faith effort to complete the land disturbance work and re- establish permanent vegetation in a timely manner. 106.8 Correction of Existing Violations: The Department of Public Works may withhold issuance of a land disturbance permit if there are unabated written violations against the property until the violations are corrected and abated or proposed to be corrected and abated by the work to be done under the current application for permit. 106.9 Sites Declared Unsafe: The Department of Public Works may withhold issuance of a land disturbance permit on any site declared unsafe by any federal, state or county agency. 106.10 Permit-Holder’s Responsibilities: Should the permit be abandoned and expire, become invalid, or be suspended or revoked, the permit-holder shall continue to comply with applicable BMP provisions of this Code including maintaining temporary BMP erosion and sediment control measures until permanent engineered BMP are installed, if required, and/or permanent vegetation is re-established on the site. SECTION 107.0 LAND DISTURBANCE PERMIT APPLICATIONS Page 22 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... 107.1 Permit Applications: Applications for Land Disturbance permits required by this Code shall be in the form prescribed by and accompanied by the site construction plans and documents determined necessary by the County Department(s) responsible for reviewing and issuing the permit. Applications for Major Land Disturbance Permits shall include proof that proposed land disturbance and uses have received approvals from the County Department of Planning or zoning approval from the municipality in which the Land Disturbance Activities will occur. The total estimated fee for the activities to be performed by the Departments of Public Works and Highways and Traffic shall be paid in advance. The filing fee shall be credited towards the total permit fee when the permit is issued. Filing fees are non- refundable should the application for permit be denied or cancelled. 107.1.1 Time Limitation of Application: An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that one or more extensions of time for additional periods not exceeding 90 days each may be granted subject to a non-refundable application extension fee at the rate prescribed in Chapter 1100, SLCRO, which shall be paid at the time the extension is granted. An additional inspection fee may also be charged for status inspections to verify work has not started. Application extension fees shall not be credited towards the total permit fee when the permit is issued. 107.2 Site Construction Plans Required: All applications for permits shall be accompanied by site construction plans in the quantity determined by the Departments of Public Works and Highways and Traffic. Site Construction Plans for all Major Land Disturbances and for Commercial Ordinary Land Disturbances shall be prepared by a Registered Design Professional consistent with the professional registration laws of the State of Missouri. The cover or first sheet of the Site Construction Plans shall bear an original embossed or wet ink seal, the date, and original ink signature of the registered design professional. In addition, all other sheets shall bear an original embossed, wet ink, or mechanically reproduced seal of the registered design Page 23 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... professional. The title block of the construction plans shall also include the name and address of the registered design professional that sealed them. Site Construction Plans for Residential Ordinary Land Disturbances may be prepared by the owner or contractor, providing the scope of work is relatively simple and there is no engineering required. A Registered Design Professional shall prepare and seal plans for Residential Ordinary Land Disturbances when the scope of work is complex and/or requires engineering. 107.2.1 Storm Water Pollution Prevention Plan Required (SWPPP) for Major Land Disturbance Permits: All applications for Major Land Disturbance Permits shall be accompanied by a Storm Water Pollution Prevention Plan, prepared for the specific site by or under the direction of a Qualified Professional as directed by [St. Louis ]County. Only the components and elements of the Storm Water Pollution Prevention Plan (SWPPP) that do not require engineering may be prepared by a Qualified Professional other than a Missouri Licensed Professional Engineer. The Storm Water Pollution Prevention Plan (SWPPP), when prepared by a Missouri Licensed Professional Engineer, may be incorporated into the Site Construction Plans required by Section 107.2. The site construction plans [application] shall contain a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the Storm Water Pollution Prevention Plan, and the applicant [will ]shall assume and acknowledge responsibility for compliance with this Code and the Storm Water Pollution Prevention Plan at the site of the permitted activity. 107.3 Required Land Disturbance Escrows for Major Land Disturbance Permits: Applicants for Major Land Disturbance permits shall file a land disturbance escrow, naming County as beneficiary, in the form of cash, a letter of credit, or other improvement security in an amount deemed sufficient by the Department of Planning to cover all costs of improvements, landscaping, and maintenance of improvements for such period as specified by the Department of Planning. The land disturbance escrow shall include engineering Page 24 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... and inspection costs sufficient to cover the cost of failure or repair of improvements installed on the site. 107.3.1 Release of Escrows - Project Closure: County will not release [A]any land disturbance escrow [will not be fully released] to the property owner, site operator or permit holder until all of the following have been completed: 1. All temporary storm water control Best Management Practices (BMP) have been removed and the site has been fully stabilized. A site is considered to be stabilized when perennial vegetation, pavement, buildings, or structures constructed of permanent materials cover all areas that were previously disturbed. Vegetative cover shall be established such that erosion no longer occurs. This typically requires a minimum of 70% fully established plant density over 100% of the disturbed area. 2. All permanent storm water control Best Management Practices (BMP) have been completed. 3. All final inspections/certifications have been completed by each of the government jurisdictions involved in authorizing the project. 108.1 FEES 108.2 Issuance of Permits: Land Disturbance permits shall not be issued until the fees associated with the permit are paid to the individual County Departments as specified in sections 108.1.1 through 108.1.3 of this Code. Exception: Individual County departments may defer all or parts of fees to a later stage of site development. 108.1.1 Department of Planning: Fees for the activities of the Department of Planning related to Land Disturbance permits shall be in accordance with the fee rates set forth in [Title X SLCRO 1974 “Planning and Zoning,”] Chapter 1003 “Zoning Ordinance” and [Title X SLCRO 1974 Page 25 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... “Planning and Zoning,”]Chapter 1005 “The Subdivision Ordinance of St. Louis County.” 108.1.2 Department of Highways and Traffic: Fees for the activities of the Department of Highways and Traffic related to Land Disturbance permits shall be in accordance with the fee rates set forth in [Title XI SLCRO 1974 “Public Works and Building Regulations,] Chapter 1100 Code Enforcement Fee Schedules” and Chapter 1105 “Department of Highways and Traffic”, and in [Title X SLCRO 1974 “Planning and Zoning,”]Chapter 1005 “The Subdivision Ordinance of St. Louis County.” The Department of Highways and Traffic is authorized to establish and collect inspection fees by estimating the total number of inspection hours required for the completion of the permitted work. 108.1.3 Department of Public Works: Fees for the activities of the Department of Public Works related to Land Disturbance permits shall be in accordance with the fee rates set forth in [Title XI SLCRO 1974 “Public Works and Building Regulations,”] Chapter 1100 “Code Enforcement Fee Schedules.” In applying the Code Enforcement Fee Schedule, the total estimated cost of Land Disturbance Activities shall include applicable grubbing, site clearing, rough grading, sediment and erosion control measures, excavating, backfill, final grading, concrete flatwork, asphalt pavement, and final landscaping. The Department of Public Works may require a bona fide contract(s) or any affidavit of the owner of the project, in which the applicant and owner verify the total cost of the site improvements related to the permit. The Department of Public Works is authorized to establish the fee by determining the plan review cost and estimating the total number of inspections required, when in the opinion of the Department of Public Works, the fee resulting from this method more closely relates to the cost of enforcing the requirements of this code. Fees for land disturbance related inspections associated with construction authorized by a building permit shall be Page 26 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... assessed to the building permit in accordance with the additional inspection fee rates set forth in Chapter 1100 “Code Enforcement Fee Schedules.” 108.2 Refunds: In the case of revocation of a permit or projects where land disturbance activities have begun, no refund shall be permitted. Any excess fee for abandoned projects, where land disturbance work has not started, shall be returned to the permit holder upon written request received not later than twelve (12) months after the date the permit was issued. All application filing fees, application extension fees, plan examination and permit processing fees and all penalties that have been imposed upon the permit holder under the requirements of this Code shall be deducted from the refund or paid by the permit holder prior to any refund being issued. 109.1 STORM WATER POLLUTION PREVENTION PLAN (SWPPP) 109.2 Content - Storm Water Pollution Prevention Plan (SWPPP): The design requirements in Chapter 2 of this Code shall be complied with when developing the Storm Water Pollution Prevention Plan and the plan shall include the following: 1) Name, address and telephone number of the site owner and the name, address and telephone number of the individual who will be in overall responsible charge of construction/development activities at the site. When more than one individual is responsible for the entire construction or land disturbance site, the areas of the site over which each individual has control shall be identified. 2) Site address or location description and parcel identification number(s). Description of the nature of the land disturbance and construction activities. 3) A site map showing the outlines of the total project area, the areas to be disturbed, existing land uses, locations and names of surface water bodies, locations of flood plains, locations of temporary and permanent Best Management Practices (BMP) and such other information as may be required by the County Page 27 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... department(s) having enforcement authority and responsibilities described in section 103.0 of this Code. 4) Existing contours of the site and adjoining strips of off-site property and proposed contours after completion of the proposed land disturbance and development, based on United States Geological Survey datum, with established elevations at buildings, walks, drives, street and roads; and information on necessary clearing and grubbing, removal of existing structures, excavating, filling materials brought to the site, spreading and compacting. Existing and proposed contours shall be shown at two (2) foot elevation intervals. Cross sections may be utilized in lieu of contours as approved by the Department of Highways and Traffic. 5) A natural resources map identifying soils, forest cover, and resources protected under other provisions of County Ordinances and a general map with enough detail to identify the location of the construction site and any waters of the United States or wetlands within one (1) mile of the site. 6) An estimate of the Runoff Coefficient of the site prior to disturbance and the Runoff Coefficient after the construction addressed in the permit application is completed. 7) Estimated quantity of land to be disturbed. 8) Details of the site drainage pattern both before and after Major Land Disturbance Activities. 9) Access to construction site. 10) Description of Best Management Practices (BMP) to be utilized to control erosion and sedimentation during the period of land disturbance. A table or schedule listing each BMP to be utilized and the quantity or linear footage of each. Each BMP shall be identified as temporary or permanent. 11) Description of Best Management Practices (BMP) to be utilized to prevent other potential pollutants such as construction wastes, toxic or Page 28 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... hazardous substances, petroleum products, pesticides, herbicides, site litter, sanitary wastes and other pollutants from entering the natural drainage ways during the period of construction and land disturbance. 12) Description of Best Management Practices (BMP) that will be installed during land disturbance to control pollutants in storm water discharges that will occur after land disturbance activity has been completed. 13) Location of temporary facilities such as off-street parking, [and] wash-down area for related vehicles, on- site fueling facilities, concrete or asphalt batch plants, and other similar temporary facilities. 14) Sources of off-site borrow material or spoil sites, and all information relative to haul routes, trucks and equipment. 15) The anticipated sequence of construction and Land Disturbance Activities, including installation of Best Management Practices (BMP), removal of temporary Best Management Practices (BMP), stripping and clearing; rough grading; construction utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date(s) on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation. 16) All erosion and sediment control measures necessary to meet the objectives of this Code throughout all phases of construction and after completion of site development. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season. 17) Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching Page 29 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... for both temporary and permanent vegetative control measures. 18) Provisions for maintenance of control facilities, including easements. 19) Plans for responding to any loss of contained sediment to include the immediate actions the permit-holder will take in case of a containment failure. This plan must include documentation of actions and mandatory reporting to the Department of Public Works. 20) Schedules and procedures for routine inspections of any structures provided to prevent pollution of storm water or to remove pollutants from storm water and of the site in general to ensure all Best Management Practices (BMP) are continually implemented and are effective. 21) Description of measures that will be installed during the construction process to control pollutants in storm water discharges that will occur after construction operations have been completed. During construction, strategies shall be implemented to protect post construction Best Management Practices (BMP). 22) Description of any non-storm water discharges and any anticipated dewatering methods. 23) A signed and dated certification statement that the SWPPP was prepared in accordance with the requirements and regulations of the County and the Missouri Department of Natural Resources. 109.2 Required Plan Amendments - Storm Water Pollution Prevention Plan (SWPPP): The permit holder shall amend, or shall cause the Special Inspector or preparer of the SWPPP to amend, the Storm Water Pollution Prevention Plan whenever: 1) Design, operation or maintenance of Best Management Practices (BMP) is changed; Page 30 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... 2) Design of the construction project is changed that could significantly affect the quality of the storm water discharges; 3) Site operator’s inspections indicate deficiencies in the Storm Water Pollution Prevention Plan (SWPPP) or any Best Management Practices (BMP); 4) Inspections by County or by the Missouri Department of Natural resources indicate deficiencies in the Storm Water Pollution Prevention Plan (SWPPP) or any Best Management Practices (BMP); 5) The Storm Water Pollution Prevention Plan (SWPPP) is determined to be ineffective in significantly minimizing or controlling erosion or excessive sediment deposits in streams or lakes; 6) The Storm Water Pollution Prevention Plan (SWPPP) is determined to be ineffective in preventing pollution of waterways from construction wastes, chemicals, fueling facilities, concrete truck washouts, toxic or hazardous materials, site litter or other substances or wastes likely to have an adverse impact on water quality; 7) Total settleable solids discharging from a storm water outfall exceeds 2.5 ml/L per Standard Method 2540F for storm events up to but not exceeding the local 2-year, 24-hour storm. This limitation does not apply during storm events that exceed the local 2-year, 24-hour storm; [Total settleable solids from a storm water outfall exceeds 0.5 ml/L/hr if the discharge is within the prescribed proximity of a “Valuable Resource Water” as defined by the Missouri Department of Natural Resources; 8) Total settleable solids from a storm water outfall exceeds 2.5 ml/L/hr for any other outfall; or] 8) [9.]The County or the Missouri Department of Natural Resources determines violations of water Quality Standards may occur or have occurred. When any of the above Storm Water Pollution Prevention Plan (SWPPP) amendments cause engineering design changes, the permit holder shall cause the Registered Design Professional Page 31 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... to revise and re-submit the Site Construction Plans to the County for approval. The County may require sampling and reporting as a result of illegal discharges, compliance issues, complaint investigations, or evidence of contamination from activities at the site. 109.3 Permit holder Responsibilities for Administration of Storm Water Pollution Prevention Plan (SWPPP): The permit holder shall: 1) Notify all contractors and other entities (including utility crews, County employees, or their agents) that will perform work at the site, of the existence of the Storm Water Pollution Prevention Plan (SWPPP) and what actions or precautions shall be taken while on site to minimize the potential for erosion and the potential for damaging any Best Management Practices (BMP); 2) Determine the need for and establish training programs to ensure that all site workers have been trained, at a minimum, in erosion control, material handling and storage, and housekeeping; 3) Provide copies of the Storm Water Pollution Prevention Plan (SWPPP) to all parties who are responsible for installation, operation or maintenance of any Best Management Practices (BMP); [and] 4) Maintain a current copy of the Storm Water Pollution Prevention Plan (SWPPP) on the site during the installation, operation, and maintenance of the Best Management Practices (BMP) [at all times]; 5) Cause regular weekly and after-rain special inspections of the land disturbance site by a County approved special inspector as required by Section 301.2; including notifying the special inspector of any rainfall event causing storm water runoff to leave the construction site; 6) Ensure that all off-site borrow-from or haul-to sites and similar construction support activities are properly permitted by the authority having jurisdiction; 7) Ensure that dates of major grading activities, construction temporarily or permanently ceased, and stabilization measures initiated are recorded; and Page 32 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... 8) Ensure that State and County Permits are posted at the construction site; and 9) Ensure that required County inspections are requested and that the Storm Water Pollution Prevention Plan (SWPPP) and approved site construction plans, if not maintained on-site, are brought to the site for the Inspector’s use during the inspections, including any additional or extra County inspections. 1114.200 CHAPTER 2 - DESIGN REQUIREMENTS SECTION 201.0 GENERAL 201.1 Design: The design of erosion and sediment [settlement] controls required for Land Disturbance Activities shall comply with the following minimum requirements: 1. Land disturbance, erosion and sediment control practices, and watercourse crossings shall be adequate to prevent transportation of sediment from the site. 2. Materials brought to any site or property under a permit issued under this Code, where said material is intended to be utilized as fill material at the site for land disturbance, erosion or sediment control, shall consist of clean uncontaminated earth, soil, dirt, sand, rocks, gravel or masonry materials or other approved materials. 3. Cut and fill slopes shall be no greater than 3:1 except as approved by the Department of Public Works or the Department of Highways and Traffic to meet other community or environmental objectives. 4 Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other County Ordinances. 5. Clearing techniques that retain existing vegetation to the maximum extent practicable shall be used and the time period for disturbed areas Page 33 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... to be without vegetative cover shall be minimized to the extent practical. 6. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. 7. Phasing shall be required on all sites disturbing greater than thirty (30) acres of land. The size of each phase will be established by the Department of Planning at the time of plan review for the issuance of a Major Land Disturbance permit. 201.2 Erosion Control Design: Erosion control requirements shall include the following: 1. [Soil stabilization shall be completed within five days of clearing or inactivity in construction.] Permit holder shall install temporary stabilization when soil disturbing activities will cease on any portion of the site and are not planned to resume for a period exceeding 14 calendar days. Temporary stabilization must be initiated immediately upon knowing the duration is more than 14 days. Temporary stabilization must be completed within 7 calendar days. Final stabilization of disturbed areas must be initiated immediately and completed within 7 calendar days whenever any clearing, grading, excavating or other earth disturbing activities have permanently ceased on any portion of the site. County may grant allowances to the 7 day completion period for temporary and final stabilization due to weather or equipment malfunctions. The use of allowances shall be documented in the SWPPP. 2. If seeding or another vegetative erosion control method is used, it shall become established within two weeks or the site shall be re- seeded or a non-vegetative option employed. 3. Techniques shall be employed to ensure stabilization on steep slopes and in drainage ways. 4. Soil and material stockpiles must be stabilized or covered at the end of each workday or Page 34 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... perimeter controls must be in place to prevent silt from the stockpile from leaving the site. 5. The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season. 6. Techniques shall be employed to prevent the blowing of dust or sediment from the site. 7. Techniques shall be employed to divert upland runoff past disturbed slopes. 201.3 Sediment Control Design: Sediment control requirements shall include: 1. Settling basins, sediment traps, or tanks and perimeter controls. 2. Settling basins shall be provided for each drainage area within 10 or more acres disturbed at one time and shall be sized to contain 0.5 inch of sediment from the drainage area and be able to contain a 2-year, 24-hour storm. If the provision of a basin of this size is impractical, other similarly effective Best Management Practices (BMP), as evaluated and specified in the Storm Water Pollution Prevention Plan (SWPPP), shall be provided. 3. Settling basins shall be designed in a manner that allows adaptation to provide long-term storm water management, as required by the County department(s) having enforcement authority and responsibilities described in section 103.0 of this Code. 4. Settling basins shall have stabilized spillways to minimize the potential for erosion of the spillway or basin embankment. 5. Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls. Page 35 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... 201.4 Watercourse Design: Watercourse protection requirements shall include: 1. Encroachment into or crossings of active water courses/riparian areas and wetlands shall be avoided to the maximum extent practicable. All County, state and federal permits and approvals shall be obtained by a permit holder prior to beginning work authorized by a County Land Disturbance permit. 2. Stabilization of any watercourse channels before, during, and after any in-channel work. 3. If a defined watercourse is to be re-aligned or re-configured, clearing and grubbing activities within 50 feet of the watercourse shall not begin until all materials and equipment necessary to protect the watercourse and complete the work are on site. Once started, work shall be completed as soon as possible. Areas within 50 feet of the watercourse shall be re-contoured and stabilized. [re-vegetated, seeded or otherwise protected within five working days after land disturbance activities have ceased.] Permit holder shall install temporary stabilization when soil disturbing activities will cease on any portion of the site and are not planned to resume for a period exceeding 14 calendar days. Temporary stabilization must be initiated immediately upon knowing the duration is more than 14 days. Temporary stabilization must be completed within 7 calendar days. Final stabilization of disturbed areas must be initiated immediately and completed within 7 calendar days whenever any clearing, grading, excavating or other earth disturbing activities have permanently ceased on any portion of the site. County may grant allowances to the 7 day completion period for temporary and final stabilization due to weather or equipment malfunctions. The use of allowances shall be documented in the SWPPP. 4. All storm water conveyances shall be designed according to the criteria of the County and the St. Louis Metropolitan Sewer District (MSD) and the necessary [MSD] permits obtained. Page 36 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... 5. Stabilization adequate to prevent erosion shall be provided at the outlets of all pipes and paved channels. 6. Except as otherwise permitted above, stream buffers along flood plain zoned streams and other natural waterways as required by Chapter 1003, County Zoning Code shall not be disturbed. 201.5 Construction Site Access Design: Construction site access requirements for Major Land Disturbance Activities shall include: 1. A temporary construction access entrance [road], located to provide adequate sight distance, shall be provided at all land disturbance sites including a wash down area supporting all active sites. 2. The Department of Highways and Traffic may require other measures to ensure that construction vehicles do not track sediment onto public streets or roadways, or be washed with wash effluent channeled directly into storm drains. 201.6 Control of Construction Materials and Waste: Control requirements for construction materials, construction wastes and other wastes generated on site at the land disturbance site, including facilities that process and handle materials and waste such as temporary concrete or asphalt batch plants, temporary recycling or waste incineration facilities, and similar temporary construction material and waste handling facilities shall include provisions, satisfactory to the County department(s) having enforcement authority and responsibilities described in section 103.0 of this Code for: 1. Spill prevention and control facilities for materials such as paint, solvents, petroleum products, chemicals, toxic or hazardous substances, substances regulated under the Resource Conservation and Recovery Act (RCRA) or the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and any wastes generated from the use of such materials and substances, including their Page 37 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... containers. Any containment systems employed to meet this requirement shall be constructed of materials compatible with the substances contained and shall be adequate to protect both surface and ground water. 2. Collection and disposal of discarded building materials and other construction site wastes, including those listed in section 201.6. 1 above. 3. Litter control. 4. Control of concrete truck washouts. 5. Assurance that on-site fueling facilities will adhere to applicable federal and state regulations concerning storage and dispensers. 6. Provision of sufficient temporary toilet facilities to serve the number of workers on Major Land Disturbance sites as directed by the Department of Health. 7. Assurance that on-site temporary construction materials or waste handling equipment and facilities including, but not limited to, batch plants, recycling or grinding facilities, and temporary incineration equipment also adhere to County Department of Health regulations. 1114.300 CHAPTER 3 -INSPECTIONS SECTION 301.0 GENERAL 301.1 Department(s) of Public Works and Highways and Traffic - General: The County department(s) having enforcement authority and responsibilities described in section 103.0 of this Code shall make inspections as herein required and shall either approve that portion of the work completed or shall notify the permit holder wherein the work fails to comply with the Storm Water Pollution Prevention Plan (SWPPP) and/or the Site Construction, Land Disturbance, Erosion and Sediment Control Plan as approved. Plans for land disturbance, stripping, excavating, and Page 38 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... filling work bearing the stamp of approval of the County department conducting the review for compliance under this code and/or issuing the permit shall be maintained at the site by the permit holder during the progress of the work. Construction work shall be done in accordance with the approved plans. To obtain inspections, a permit-holder shall notify the Department(s) of Public Works or Highways and Traffic as applicable, at least two working days before the following: 1) Start of construction 2) Installation of sediment and erosion measures 3) Completion of site clearing 4) Completion of rough grading 5) Completion of final grading 6) Close of the construction season 7) Completion of final landscaping Exception 1: Inspections conducted by the Department of Highways and Traffic related to construction and maintenance of County highways and roadways. Exception 2: When conditions are not favorable to maintain copies of the approved plans on-site, a sign shall be installed at the entrance to the site listing information pertinent to the location of the Storm Water Pollution Prevention Plan (SWPPP), approved site construction plans and the 24 hours/7 day a week phone number of the person in charge of them. The SWPPP and approved site construction plans shall be brought to the site and made available for the inspector’s use during the above required inspections and any additional or extra inspections. 301.1.1 Additional Inspections: In addition to the required inspections specified above the Departments of Public Works and Highways and Traffic are authorized to Page 39 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... perform and charge fees for additional inspections which are reasonably necessary to enforce this Code and the zoning and building construction codes. These inspections may include, but not be limited to, interim status inspections due to length or complexity of project, BMP and subdivision escrow releases, compliance with approved site development plans, excavations for building foundations and underground utilities and sewers, and final finish grading and landscaping related to completion of the building construction project. 301.1.2 [301.1.1] Extra Inspections: In addition to the inspections otherwise required, the Departments of Public Works and Highways and Traffic are authorized to perform and charge fees for extra inspections or re-inspections which in their judgment are reasonably necessary due to non-compliance with the requirements of this Code, or work not ready or accessible for inspection when requested. 301.2 Permit Holder Special Inspection and Report Responsibilities - Major Land Disturbances: The holder of a Major Land Disturbance Permit, or his/her agent, shall cause regular and after-rain inspections of land disturbance sites by a qualified special inspector approved by the County. Inspections shall include examining all erosion and sediment and other pollutant control measures, outfalls, and off-site receiving waters in accordance with the inspection schedule outlined in the approved Storm Water Pollution Prevention Plan (SWPPP). Inspections must be scheduled at least once per week [and no later than 48 hours after a rainfall that causes storm water runoff to occur on site]. When rainfall causes storm water runoff to leave the site, the BMP must be inspected within 48 hours after the rain event has ceased during a normal workday and within 72 hours on the next business day if the rain event ceases during a non-workday such as on weekends and holidays. The total rainfall measured for that day must be recorded on the inspection report. A properly maintained rain gauge must be kept on site or the storm event information must be obtained from a weather station that is representative of the site location. The purpose of such inspections will be to ensure proper installation, operation and maintenance of Best Management Practices (BMP) and to determine the Page 40 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... overall effectiveness of the Storm Water Pollution Prevention Plan (SWPPP) and the need for additional control measures. All inspections shall be documented in written form on weekly and after-rain reports with copies submitted weekly to the Department(s) of Public Works or Highways and Traffic [at the time interval specified in the permit]. The [Permit-holder] inspection reports must include the following minimum information: 1) Inspector’s name and signature; 2) Date of inspection; 3) Observations relative to the effectiveness of the Best Management Practices (BMP); 4) Actions taken or necessary to correct deficiencies; and 5) A listing of areas where land disturbance operations have permanently or temporarily stopped. The special inspector [permit-holder] shall immediately notify both the permit holder and the site contractor(s) responsible for any deficiencies identified so that deficiencies can be corrected within seven calendar days of the weekly or after-rain inspection report. If weather conditions make it impossible to correct the problem within seven calendar days, a detailed report of the problem (including pictures) shall be filed with the regular inspection reports. The permit holder shall be responsible for ensuring that the deficiencies are corrected. The permit holder shall notify the County by the next working day whenever a special inspector is terminated, resigns, or is unable to conduct inspections for whatever reason. The permit holder shall retain a new special inspector from the County’s list of approved special inspectors within five (5) calendar days to insure that the regular weekly and after rain inspections required by this section are conducted and reported upon. The permit holder shall notify the County by the next working day whenever a new special inspector is retained. Only a County approved special inspector can be responsible for the inspection of BMP required under this Code. Page 41 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... 301.2.1 Verification of Permit Holder’s Reports: The Department(s) of Public Works or Highways and Traffic may make and charge fees for extra inspections as deemed necessary to ensure the validity of the reports filed under section 301.2 of this Code or to otherwise ensure proper installation, operation and maintenance of storm water Best Management Practices (BMP) and to determine the overall effectiveness of the Storm Water Pollution Prevention Plan (SWPPP) and the need for additional control measures. 301.3 Removal from Approved List of Qualified Special Inspectors: Failure of the special inspector to conduct required inspections and file accurate valid inspection reports with the County as required by Section 301.2 shall constitute cause to remove the special inspector from the approved list of special inspectors. A special inspector that has been removed from the approved list has the right to appeal to the Board. 1114.400 CHAPTER 4 -IMPLEMENTATION SECTION 401 EFFECTIVE DATE OF CODE PROVISIONS 401.1 Effective Date of this Code: The provisions of this Code shall become effective 90 days after its approval by the County Executive. ADOPTED: July 30, 2013 KATHLEEN KELLY BURKETT CHAIRMAN, COUNTY COUNCIL APPROVED: July 31, 2013 CHARLIE A. DOOLEY COUNTY EXECUTIVE ATTEST: GENEVIEVE M. FRANK ADMINISTRATIVE DIRECTOR APPROVED AS TO LEGAL FORM: Patricia Redington COUNTY COUNSELOR Page 42 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... Note: Matter enclosed in bold-faced brackets [thus] is not enacted and is intended to be omitted from the ordinance. 65-575 2 25494.docx (7/31/2013) dtSearch 7.77 (x64) Page 43 of 43 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... 24256.doc /Ords/2009 12/22/2009 29k 2 hits THIS ORDINANCE HAS AN ATTACHMENT ON FILE IN THE COUNTY CLERK’S OFFICE BILL NO. 380 , 2009 ORDINANCE NO. 24,256 , 2009 Introduced by Councilmember Burkett for O’Mara AN ORDINANCE AMENDING THE ST. LOUIS COUNTY ZONING ORDINANCE BY CHANGING THE BOUNDARIES OF THE “NU” NON-URBAN DISTRICT, THE “R-1” RESIDENCE DISTRICT, THE “R-1A” RESIDENCE DISTRICT, THE “R-2” RESIDENCE DISTRICT, THE “C-8” PLANNED COMMERCIAL DISTRICT AND THE “KP” KARST PRESERVATION DISTRICT AS PROVIDED HEREIN (P.C. 30-09 ST. LOUIS COUNTY PLANNING COMMISSION). BE IT ORDAINED BY THE COUNTY COUNCIL OF ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS: SECTION 1. The St. Louis County Zoning Ordinance and the Official Zoning District Maps which are a part thereof, are amended by transferring from the “NU” Non-Urban District, “R-1” One Acre Residence District, “R-1A” 22,000 square foot Residence District, “R-2” 15,000 square foot Residence District and the “C-8” Planned Commercial District to the “KP” Karst Preservation District on the said maps, the area as depicted on the map attached hereto as Exhibit A. The “KP” Karst Preservation Boundary represents the point of high elevation from which surface water drains to sinkholes within the “KP” Karst Preservation District. SECTION 2. The St. Louis County Council, pursuant to the petition of the St. Louis County Planning Commission requesting the amendment embodied in this ordinance, and pursuant to the recommendation of the St. Louis County Planning Commission that said petition be granted, after public hearing held by the said Commission on October 19, 2009, does adopt this ordinance pursuant to the St. Louis County Charter authorizing the Council to exercise legislative power pertaining to planning and zoning. ADOPTED: DECEMBER 21, 2009 HAZEL M. ERBY CHAIR, COUNTY COUNCIL APPROVED: DECEMBER 22, 2009 CHARLIE A. DOOLEY COUNTY EXECUTIVE Page 1 of 2 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... ATTEST: GENEVIEVE M. FRANK ADMINISTRATIVE DIRECTOR APPROVED AS TO LEGAL FORM: Patricia Redington COUNTY COUNSELOR 2 24256.doc (12/22/2009) dtSearch 7.77 (x64) Page 2 of 2 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... 26111.docx /Ords/2015 7/2/2015 4275k 10 hits Substitute Bill No. 1 for BILL NO. 27 , 2015 ORDINANCE NO. 26,111 , 2015 Introduced by Councilmember Dolan AN ORDINANCE AMENDING CHAPTER 1003, TITLE X SLCRO 1974 AS AMENDED, “ZONING ORDINANCE,” BY AMENDING SECTIONS 1003.020, 1003.030, 1003.107, 1003.109, 1003.111, 1003.112, 1003.113, 1003.115, 1003.117, 1003.119, 1003.120, 1003.120A, 1003.121, 1003.123, 1003.125, 1003.131, 1003.133, 1003.135, 1003.137, 1003.141, 1003.143, 1003.151, 1003.153 AND 1003.167, REPEALING SECTIONS 1003.165, 1003.165A, 1003.165B, 1003.165C, 1003.165D, 1003.165E, 1003.165F, 1003.165G AND 1003.165H IN THEIR ENTIRETY AND REPLACING THEM WITH NEW SECTIONS 1003.165, 1003.165A, 1003.165B, 1003.165C, 1003.165D, 1003.165E, 1003.165F AND ENACTING NEW SECTIONS KNOWN AS 1003.158, 1003.162, AND 1003.169 PERTAINING TO INCREASING SUSTAINABILITY AND ENERGY EFFICIENCY. BE IT ORDAINED BY THE COUNTY COUNCIL OF ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS: SECTION 1. Chapter 1003, Title X SLCRO 1974 as amended, is amended by amending Sections 1003.020, 1003.030, 1003.107, 1003.109, 1003.111, 1003.112, 1003.113, 1003.115, 1003.117, 1003.119, 1003.120, 1003.120A, 1003.121, 1003.123, 1003.125, 1003.131, 1003.133, 1003.135, 1003.137, 1003.141, 1003.143, 1003.151, 1003.153 and 1003.167, repealing sections 1003.165, 1003.165A, 1003.165B, 1003.165C, 1003.165D, 1003.165E, 1003.165F, 1003.165G and 1003.165H in their entirety and replacing them with new sections 1003.165, 1003.165A, 1003.165B, 1003.165C, 1003.165D, 1003.165E, 1003.165F and enacting new sections known as 1003.158, 1003.162, and 1003.169, as follows: 1003.020 Definitions. 1. For the purpose of this ordinance, certain words and phrases are herein defined. Words and phrases defined herein shall be given the defined meaning. Words and phrases which are not defined shall be given their usual meaning except where the context clearly indicates a different or specified meaning. 2. Words used in the present tense shall include the future; the singular number includes the plural and the plural includes the singular; the word "dwelling" includes the word "residence"; the word "shall" is mandatory and not permissive. 3. The following words and phrases are defined: (1) Accessory Building: Any building, the use of which is incidental to the principal use of another structure on the same premises. (2) Accessory Use: A use incidental and subordinate to the principal use of the premises. (3) Accessory Structure: Any structure, the use of which is incidental to the principal use of another structure on the same premises. (4) Adult Day Care: A group program designed to provide care and supervision to meet the needs of three (3) or more adults for periods of less than twenty-four (24) hours but more than two (2) hours per day in a place other than the adult’s own home. (5) Adult Day Care Center: Facility providing care for three (3) or more adults for any part of a twenty-four (24) hour day. (6) Adult Day Care Home: A family home occupied as a permanent residence by the adult day care home provider, in which care is given to no more than eight (8) adults, for any part of a twenty- four (24) hour period. (7) Adult oriented items shall consist of: (a) Sexual devices: Any three (3) dimensional object designed or marketed as useful primarily in the performance of a sexual act or to enhance or entice sexual stimulation or gratification. Such devices include any item which has no substantial non-sex related utility, such as erotic undergarments and artificial sexual organs, as well as devices with other utility when they are marketed for sexual purposes, such as chains, handcuffs, or the like, but does not include devices primarily intended for protection of health or prevention of pregnancy; or (b) Sexually explicit materials: Any book, magazine, pamphlet, newspaper or other printed or written matter, picture, drawing, photograph, motion picture film, pictorial representation, statute, figure, or other three (3) dimensional object, recording, transcription or anything which is or may be used as a means of communication that depicts, describes, or portrays human Page 1 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... sexual intercourse, sodomy, bestiality, oral copulation, masturbation, urinary and defecatory functions, sadism, masochism, sado-masochistic abuse, exhibition of the genitals or any touching of the genitals, pubic areas, or buttocks of the human male or female, or the breasts of the female, whether alone, or between members of the same or opposite sex, or between humans and animals in an act of apparent sexual stimulation or gratification. (8) Airport: An area of land or water that is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. (9) Angle, Cut-Off: The angle, measured up from the nadir, between the vertical axis and the first line of sight at which the bare source is not visible. (10) Antenna: Any device that transmits and/or receives radio waves for voice, data or video communications purposes including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications. The term shall exclude satellite earth station antennae less than two (2) meters in diameter and any receive-only home television antennae. (11) Apartment: A room or suite of rooms within a building, provided with separate cooking facilities and intended as a single dwelling unit. (12) ATM (Automatic Teller Machine), Freestanding: a mechanical device, not in proximity to a bank or other financial institution, that is accessed by an individual for the purpose of receiving cash from accounts and/or allows patrons to transact minor financial activities. (13) Atrium: An open public area within a building established principally for aesthetic purposes. (14) Automobile (automotive): As used herein, the term includes passenger cars, motorcycles, vans, pickup trucks, and recreational vehicles. (15)Banquet facility: A facility, for hire, providing food service and/or entertainment. (16) Base Flood: The flood having a one (1) percent chance of being equaled or exceeded in any given year. (17) Basement: A floored and walled substructure of a building at least fifty (50) percent below the average finished grade of the building. (18) Building: A structure that is affixed to the land, has one (1) or more floors, one (1) or more exterior walls and a roof, and is designed or intended for use as a shelter. (19) Cemetery: A place for burial of the dead, including crematory facilities as an accessory use. (20) Child Care Center: Facility providing care for five (5)or more children under the age of thirteen (13), not including children of a family residing on the premises, for any part of a twenty-four (24) hour day. (21) Child Day Care Home: A family home occupied as a permanent residence by the child day care home provider in which care is given to no more than ten (10) children, including children related to the day care provider for any part of a twenty-four (24) hour period. (22) Club: A building or a portion of a building intended to be used as a center of informal association for a selective membership not open to the general public. (23) Co-Use: The location of two or more wireless communication companies' or local service providers' antennae or communication devices on a single telecommunication tower. (24) Commercial Vehicle: Any vehicle as defined in Section 1202.010 SLCRO, or trailer that is designed or used, in whole or in part, for commercial purposes including but not limited to: construction, farming, landscaping, or mowing, or for the transportation of passengers, merchandise, equipment, supplies, tools, freight, vehicles or animals, if such vehicle: (a) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight of twelve thousand and one (12,001) pounds or more; or (b) Is designed or used to transport more than eight (8) passengers (including the driver) or any non-ambulatory passengers for compensation; or is designed or used to transport more than twelve (12) passengers (including the driver) not for compensation. Provided, however, that this definition of Commercial Vehicle does not apply to hobby or recreational trailers or vehicles, or service-bodied vehicles if such trailer or vehicle is not more than eight (8) feet tall (excluding antenna or roof rack), and not more than twenty (20) feet long, and not more than seven (7) feet wide (excluding wing mirrors and wheel wells shrouding a dual wheel rear axle). (25) Community Center: A facility maintained by a public agency or by a not-for-profit community or neighborhood association primarily for social, recreational, or educational needs of the community or neighborhood. (26) Composting: The process of collecting yard waste in controlled proportions with aeration and mixing for decomposition into mulch. (27) Convenience Store: A retail establishment having a gross floor area of 5,000 sq. ft. or less, primarily selling foods as well as other household goods customarily sold in larger food markets and supermarkets. (28) Density: The number of lots or units allowed within a subdivision. (29) Development: The act of changing and the state of a tract of land after its function has been purposefully changed by man including, but not limited, to structures on the land and alterations to the land. (30) Disguised Support Structure: Any telecommunications tower, the presence of which is camouflaged or concealed as an architectural or natural feature, as approved by the Planning Commission. Such structures may include but are not limited to clock towers, campaniles, observation towers, pylon signs, water towers, light standards, flag poles and artificial trees. (31) District: A part or parts of the unincorporated area of St. Louis County for which the Zoning Ordinance establishes regulations governing the development and use of land therein. (32) Dormitory: A building with many rooms providing sleeping and living accommodations for a number of usually unrelated persons; usually associated with an educational institution. Page 2 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (33) Dwelling: Any building, or portion thereof, used exclusively for human habitation, except hotels, motels, or house trailers. (34) Dwelling Unit: A room or group of rooms located within a dwelling forming a habitable unit for one (1) family. (35) Dwelling, Multiple Family: A building or portion thereof designed for or occupied exclusively by four (4) or more families. (36) Dwelling, Single Family: A building designed for or occupied exclusively by one (1) family, excluding earth sheltered dwellings. (37) Dwelling, Single Family Attached: Two (2) or more single family dwellings sharing common wall areas, each on its own individual lots. (38) Dwelling, Single Family, Earth Sheltered: A single family dwelling having one-half or more of its clear height below the average finished grade of the adjoining ground, and in some cases, having its floor at the approximate level of some other exterior grade on one (1) or more sides. (39) Dwelling, Three Family: A building designed for or occupied exclusively by three (3) families. (40) Dwelling, Two Family: A building designed for or occupied exclusively by two (2) families. (41) Entertainment Complex: A facility providing entertainment venues including but not limited to amusement parks, casinos, sports stadiums, or arenas. Such complexes shall be located on property at least thirty acres in size or have seating capacity greater than 6,000 persons. (42) Family: An individual or two (2) or more persons related by blood or marriage or a group of not more than three (3) persons who need not be related by blood or marriage living together and subsisting in common as a single nonprofit housekeeping unit utilizing not more than two (2) kitchens. (43) Farm: A parcel of land used for growing or raising agricultural products, including related structures thereon. (44) Fast Food Restaurant: Any establishment whose principal business is the sale of foods, frozen desserts, or beverages in ready-to-consume individual servings, for consumption either within the restaurant building or for carryout, and where either (1) foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable containers, and where customers are not served their food, frozen desserts' or beverages by a restaurant employee at the same table or counter where the items are consumed, or (2) the establishment includes a drive-up or drive through service facility or offers curb service. (45) Fence, Sight Proof: A fence with an opaque value of seventy (70) percent or greater. Such structure may be a chain link fence in combination with slat or lattice materials. (46) Filling Station (Service Station): Any structure or premises used for dispensing or sale, at retail, of vehicle fuels or lubricants, including lubrication of vehicles and replacement or installation of minor parts and accessories, but not primarily engaged in major repair work such as engine replacement, body and fender repair, or spray painting. (47) Financial Institution: A state or federally chartered bank, savings association, credit union, or industrial land company located in a building which provides for the custody, loan, exchange or issue of money, the extension of credit, or facilitating the transmission of funds, and which may include accessory drive-up units on the same premises, but does not include small loan businesses. (48) Flood Plain: That area within the unincorporated area of St. Louis County subject to a one (1) percent, or greater, chance of flooding in any given year. This area is designated "FP" on the St. Louis County Zoning Map. (49) Floodway: The area designated as Floodway on the St. Louis County Zoning Map. It is derived by determining that portion of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. (50) Floor Area, Gross: The sum of the gross horizontal area of all floors of a building including basement areas, as measured from the interior perimeter of exterior walls. Such area shall not include the following: interior loading and parking areas, atriums except the first floor area, rooftop mechanical equipment enclosures, and the enclosed mall areas of shopping centers. (51) Footcandle: A unit of illuminance amounting to one lumen per square foot. (52) Foster Home for Handicapped Children: An institution providing sleeping and living accommodations for the fulltime care, training, recreation, and convalescent needs of five (5) or more physically or mentally handicapped minors. (53) Frontage: That edge of a lot bordering a street. (54) Golf Course: An area or course for playing golf, consisting of at least nine (9) holes, except miniature golf, within which the playing area is not artificially illuminated. (55) Golf, Miniature: A commercial recreation facility, resembling golf, containing short "holes", the majority of which are under 300 feet in length, and primarily utilizing putting irons. (56) Group Home for the Elderly: A facility providing twenty-four (24) consecutive hour care for three (3) or more persons who by reason of aging require services furnished by a facility that provides shelter, board, storage and distribution of medicines, communal dining and protective oversight, including care during short term illness or recuperation. A group home for the elderly may be located in a single family home that has been licensed for this use or in an institutional facility containing assisted living units. (57) Group Housing (GroupHouse Arrangement): Any combination of dwelling units comprised of two (2) or more residential buildings designed as a functional unit on and with the specific parcel of land on which they are to be erected. (58) Ground Source Heat Pump System: A system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include open or closed loops of pipe, coils or plates; a fluid that absorbs and Page 3 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... transfers heat; a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system. (59) Group Living Facility (Dormitory): A dwelling containing sleeping rooms without separate cooking facilities for a number of persons customarily unrelated but associated with an educational, religious, charitable or service institution. (60) Gymnasium: A building or portion thereof used for athletic training or sports activities, including accessory seating for spectators. (61) Heliport: A facility for the servicing, takeoff, and landing of helicopters, which is open to public use. (62) Home Improvement Center: A retail store of at least 20,000 square feet selling only building materials, floor and wall coverings, items designed for installation in the home, and associated tools. (63) Home Occupation: A business, commercial, or professional endeavor operated as a domestic activity carried on solely by members of a family who reside on the premises. These endeavors shall not offer any services to the general public, nor stock in trade or commodity on the premises, shall utilize no equipment, except as is customary for purely domestic or household purposes, and shall not involve any signage or display which indicates use of the property for any purpose other than a dwelling from the exterior of the dwelling. The keeping of not more than two (2) roomers or boarders, the supervision of not more than four (4) children other than those residing on the premises, and the instruction or tutoring of one (1) student at a time, up to eight (8) students per day, shall each constitute a home occupation. Beauty or barber shops, convalescent or nursing homes, tourist homes, including bed-and-breakfast, music schools involving the instruction of more than one (1) student at a time, massage parlors, and motor vehicle repairs shall not be deemed home occupations. (64) Hospice: Residential and care facility for the terminally ill on the premises of a hospital or nursing home and operated in conjunction therewith. (65) Hospital: An institution providing medical and surgical care for humans only, for both in and out patients, including medical service, training, and research facilities. (66) Hotel: A building in which lodging is provided to the public usually on a transient basis. (67) Hotel, Motor (Motel): A roadside hotel for motorists. (68) HouseTrailer (Mobile Home): A self-contained mobile structure intended to be used for dwelling purposes which has been or reasonably may be equipped with wheels or other devices for transporting said structure. (69) HouseTrailer Park: An area designed or intended to be used as a site for occupied house- trailers. (70) Intermittent Lighting: A method of lighting, such as for signs, where artificial or reflected light is not maintained stationary or constant in intensity or color. (71) Junk Yard: A parcel of land on which waste material or inoperative vehicles and other machinery is collected, stored, salvaged or sold. (72) Kennel: The use of land or buildings for the purpose of selling, breeding, boarding, or training dogs or cats or both, or the keeping of four (4) or more dogs over four (4) months of age, or keeping six (6) or more cats over four (4) months of age, or the keeping of more than five (5) dogs and cats. The word "selling" as herein used shall not be construed to include the sale of animals four (4) months of age or younger which are the natural increase of animals kept by persons not operating a kennel as herein defined; nor shall selling be determined to include isolated sales of animals over four (4) months old by persons not operating a kennel as herein defined. (73) Landing Strip: A facility for takeoff and landing of aircraft with or without services available for aircraft, which is operated for private use. (74) Large Lot Roadway Easement: A private thoroughfare which provides a means of access to lots within a large lot subdivision. (75) Loading Space: A durably dustproofed, properly graded for drainage, off-street space used for the loading and unloading of vehicles, except passenger vehicles, in connection with the use of the property on which such space is located. Each such designated space shall comply with the dimensional requirements set forth in Section 1003.165 Off-street Parking and Loading Requirements. (76) Lot: A platted parcel of land intended to be separately owned, developed, and otherwise used as a unit. (77) Lot, Corner: A platted parcel of land abutting two road rights-of-way at their intersection. (78) Lot (Parcel) of Record: A lot which is part of a subdivision, the plat of which has been legally approved and recorded in the Office of the Recorder of Deeds of St. Louis County, or a parcel of land which was legally approved and the deed recorded in the Office of the Recorder of Deeds. (79) Mall: An enclosed public way upon which business establishments have direct access and which serves primarily for the movement of pedestrians, with trees, benches, or other furnishings provided and with vehicular access prohibited, restricted, or reduced so as to emphasize pedestrian use. (80) Material Improvement: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "material improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications Page 4 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. (81) Medical or Dental Office (Clinic): A facility for the practice of medicine or dentistry for humans, including accessory diagnostic laboratories, but not including inpatient or overnight care, or operating rooms for major surgery. (82) Modular Unit: A prefabricated building which arrives at its building site virtually complete, requiring only site preparation and assembly of major components, including installation on a permanent foundation. (83) Multiple Family Access Easement: A private thoroughfare which provides a means of access to parking areas and bays and to abutting buildings which are developed solely or principally as multiple family dwellings. (84) Natural Area: An area that is substantially undisturbed by development. (85) Nightclub: A commercial establishment occupying a space no less than 5000 square feet whose primary business is supplying musical or other entertainment with a dance floor greater than 400 square feet, including such a facility offering food or refreshments on the premises. (86) NonConforming Land Use or Structure: A land use or structure which existed lawfully on the date that this Zoning Ordinance or any amendment thereto became effective and which fails to conform to one or more of the applicable regulations in the Zoning Ordinance or amendment thereto, except minimum lot area, yard and setback requirements. (87) Nursery, Day: A building used for the supervision and care of five (5) or more preschool children, other than those of the operator, during daylight hours. (88) Nursery School: A prekindergarten school for children, primarily between the ages of three (3) and five (5). (89) Nursing Home (Skilled Nursing Facility): A building intended for use as a medical care facility for persons who need nursing care and medical service, but do not require intensive hospital care. (90) Office: A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations. This does not include financial institutions or small loan businesses. (91) Open Storage: Storage of material or goods on the ground outside of a building. (92) Package Liquor Store: A retail establishment, licensed by the State of Missouri for the sale of original package liquor, where such liquor sales comprise more than sixty-six and two-thirds percent (66.67%) of the sales revenue of the establishment on an annual basis. (93) Parcel (Tract) of Land: A separately designated area of land delineated by identifiable legally recorded boundary lines. (94) Park: An area open to the general public and reserved for recreational, educational or scenic purposes. (95) Parking Area: An area of land used or intended for off-street parking facilities for motor vehicles. (96) Parking Space: A durably dustproofed, properly graded for drainage, usable space, enclosed in a main building or in an accessory building, or unenclosed, reserved for the temporary storage of one (1) vehicle, and connected to a street, alley, or other designated roadway by a surfaced aisle or driveway. Each such designated space shall comply with the dimensional requirements set forth in Section 1003.165 Off-street Parking and Loading Requirements. (97) Parkway: A road or roadway intended to be used primarily for passenger vehicles and developed with a parklike or scenic character, with recreational uses. (98) Pave (Pavement): The act or result of applying a hard, watertight material to any ground surface in such manner as to present a uniform surface over large areas. (99)Pawn Shop: An establishment engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property. (100)Personal Services: A business that provides a specialized service specific to an individual which includes barbershops, beauty parlors, day spas, nail salons, tanning salons, and similar services. (101)Plat: A subdivision of land legally approved and recorded. (102)Plant Nursery: A farm, garden, or other cultivated land together with accessory structures designed and intended to be used only for the cultivation and sale of live vegetation. (103)Pool and Billiard Halls: An establishment where the primary function is the rental of billiard tables, pool tables or any similar games tables to the public for a price. (104)Property Line: The legally recorded boundary of a lot, tract, or other parcel of land. (105)Public Utility Facility, Local: A public utility facility serving a local area only, such as an electric substation, a water or gas pumping or regulating station, a telephone switching center, or a storage tank with a maximum capacity of (100,000) cubic feet, except telecommunication towers. (106)Recycling Center: Any collection (not manufacturing) facility or system that accepts source- separated materials such as aluminum cans, and scraps, tin, copper, glass, paper products, roofing shingles, tires, plastics, bi-metal and steel containers, ferrous and non-ferrous metals, for processing at another location or resale to markets for conversion to raw materials or to new products and from which offal from the material does not exceed ten (10) percent by volume and post-market materials. Book or clothing exchanges, and ancillary recycling operations are not Recycling Centers. A facility that manufacturers new products from recycled material is not a recycling center. (107)Residence: Any building which is designed or used exclusively for residential purposes, except hotels and motels. (108)Restaurant: A commercial establishment whose primary business is the provision of prepared food at retail for consumption on or off the premises. Page 5 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (109)Retreat: A building or group of buildings with designated open areas utilized and maintained for educational and religious conclaves, seminars, and similar activities by particular educational, religious, fraternal or other groups. (110)Riding Stable: A building and designated site intended or used as a shelter for horses or ponies, which provides for commercial boarding, hire, sale, or training of such animals. (111)Roadway: The entire area within public or private vehicular easement or right-of-way lines, whether improved or unimproved. (112)Roadway Right-of-Way Line: The boundary which divides a lot from a public or private roadway. (113)Row House: Three (3) or more attached single family dwellings, each on its own plot of ground, but not necessarily on individual lots. (114)Salvage Yard: An area for the dismantling, storage, and sale of inoperative, obsolete or wrecked motor vehicles, trailers, and their parts. (115)Sanitary Land Fill: A type of operation in which refuse and earth or other suitable cover material are deposited in alternate layers of specified depth in accordance with a definite plan on a specified portion of open land, with each layer being compacted by force applied by mechanical equipment. Part of this operation may include the composting of yard wastes, as authorized on an approved plan. (116)Self Care Unit: A nursing facility located on the same premises as a full care nursing home and providing semi-independent apartment style living accommodations for residents including separate cooking facilities for each living unit or cluster of living units. (117)SemiFinished Material: Material which has gone through one or more stages of processing. (118)Setback (Building Line): The required minimum distance from a road right-of-way or lot line that establishes the area within which a structure can be erected or placed, except as may be permitted elsewhere in this Ordinance. (119)Sight Distance Triangle: The triangular area of a corner lot bound by the property lines and a line connecting the two points on the property lines thirty (30) feet from the intersection of the property lines. (120)Sign: A structure or device designed or intended to convey information to the public in written or pictorial form. (121)Sign, Advertising: A sign intended to attract general public interest concerning a commercial enterprise, product, service, industry, or other activity not conducted, sold or offered on the same premises upon which the sign is erected. (122)Sign, Attached: Any sign, painted on or attached to, and erected parallel to the face of a window, wall of a building, or a boundary wall or fence, and supported solely by the structure to which it is affixed, and not extending more than twelve (12) inches above the face of the structure to which it is attached. (123)Sign, Business: A sign which gives only basic information concerning the existence of a commercial enterprise, service, or other activity, conducted, sold, or offered on the premises upon which the sign is erected. (124)Sign, Development Complex: A freestanding sign identifying a non-residential, multiple-occupancy subdivision or development, such as a shopping center or industrial park. (125)Sign, Directional: A sign identifying entrances, exits, aisles, ramps, and similar traffic related information. (126)Sign, Electronic Message Center: Any sign which contains an array of lights, which can be programmed to create an image, either textual or graphic. (127)Sign, Identification: a sign in the “NU” Non-Urban District or any “R” Residential District which identifies a residence, use, or institution such as a hospital, nursing home, recreation facility, school, child or adult day care center, library, auditorium, church or place of worship, or similar facilities. (128)Sign, Information: A sign, displayed for safety or convenience of the public and which sets forth no advertisement. Information signs include signs which identify parking areas and drives, restrooms, addresses, telephones, no trespassing area, danger areas, and similar information. (129)Sign, Monument: A sign which has a solid base and extends no more than eight (8) feet above the elevation of the adjacent street or elevation of the average finished ground elevation along the side of the building facing the street, whichever is higher. (130)Sign, Portable: A sign designed to be transported and attached temporarily to the ground, structures or other signs. (131)Sign, Temporary: A sign, display, banner or other advertising device constructed of cloth, canvas, fabric, wood, or other temporary materials, with or without a structural frame and intended for display for a specified limited period of time only, including decorative displays for buildings or public demonstrations. (132)Sign, Under Canopy: A pedestrian oriented sign, mounted under the canopy, perpendicular to the face of the building, in a multi-tenant building. (133)Solar Array: Solar collection systems that are free-standing and ground mounted. Specifically, solar arrays are subject to dimensional requirements of the accessory land use and development provisions in the underlying zoning districts. (134)Solar Panel: Solar collection systems mounted on roofs and walls. Solar panels may be mounted on accessory structures. (135)Small Loan Businesses: Establishments which (a) engage in the business of providing money to customers on a temporary basis, wherein such loans are secured by post- dated check, paycheck or car title, or (b) are registered as lenders under state or federal law. The classification does not include a state or federally chartered bank, savings association, credit union, or industrial land company. Further, this classification does not include establishments selling consumer goods, including consumables, where the cashing of checks or money orders is incidental to the main purpose of the business. This classification does include, but is not limited to; check cashing stores, payday loan stores, and car title loan stores. Page 6 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (136)Specialized Private Schools: An institution for students at the elementary, junior or senior high level who have physical or mental characteristics which require specialized or individual instruction. (137)Stable, Private: A detached building accessory to a residential use for the keeping of horses owned by the occupants of the premises and which shall not be used for any commercial purpose including the boarding, hire, sale, or training of horses. (138)Story: The horizontal segment of a building between the floor surface and the ceiling next above it, and wholly above grade. (139)Street: A paved public or private vehicular right-of-way which provides access to abutting properties from the front. (140)Structure: Any assembly of material forming a construction for occupancy or use, excepting, however, utility poles and appurtenances thereto, underground distribution or collection pipes or cables, and underground or ground level appurtenances thereto. (141)Substantial Construction, Development or Work: (a) In a project involving structures, the completion of excavation for footings and foundations. (b) In a project involving no structures or insignificant structures, the completion of grading. (142)Tattoo Parlors: Any establishment or facility where the art of tattooing is performed. (143)Telecommunication cabinet/shelter: A building or structure for the protection and security of communications equipment associated with one or more antennae and where access to equipment is gained from the interior of the building or exterior of shelter (cabinet). Human occupancy for the office or other uses or the storage of other materials and equipment not in direct support of the connected antennae is prohibited. (144)Telecommunication Tower: A structure designed for the support of one or more antennae and including guyed towers, self-supporting (lattice) towers or monopoles but not buildings. The term shall also exclude any support structure under sixty (60) feet in height owned and operated at the residence of an amateur radio operator licensed by the Federal Communication Commission. The height of a telecommunications tower shall be measured from the finished grade to the top of the tower, excluding any elements with a cross-section of less than four inches. (145)Terminal: A depot building or area specifically designated for the storage or transfer of persons or material, or temporary storage and service of operable vehicles used in the transport of persons, goods or materials, excluding Transfer Stations and Waste Processing Facilities. (146)Thrift Store: An establishment wherein one or more types of secondhand articles are sold, such as clothing, shoes, furniture and other assorted items, the value of which is only a fraction of the original cost, for which price guides are not available, and which normally have no collectible or antique value. This term shall not apply to businesses which sell primarily new goods, and which occasionally sell secondhand articles as a result of trade-ins or unclaimed merchandise. (147)Towed Vehicle Storage Yard: An area for the unstacked temporary storage and sale of operative, wrecked, or otherwise damaged or immobilized motor vehicles wherein each vehicle space is directly accessible to a designated aisle. (148)Transfer Station: A site or facility, which accepts solid waste for temporary storage, or consolidation and further transfer to a waste disposal, processing or storage facility. Transfer station includes, but is not limited to, a site or facility where waste is transferred from: A rail carrier, motor vehicle or water carrier to another carrier, if the waste is removed from the container of vessel. A licensed residential waste-hauling operation which involves the transportation, storage, and disposal of notputrescible banned landfill items (i.e., white goods, tires, etc.) as part of the service provided to its customers shall be exempt from transfer station status provided the storage of all collected material does not exceed thirty (30) days and does not create a public health or aesthetic nuisance. In addition, the transfer of waste directly from one (1) waste hauling vehicle/container to another waste hauling vehicle/container, in the regular operation of providing waste collection service, shall be exempt from transfer station status; providing, however, that all such vehicles and containers are licensed by St. Louis County under the same company name or its subsidiary. (149)Use: As utilized in this Chapter, use is any functional, social, or technological activity, which is imposed or applied to land or to structures on the land. (150)Vehicle Repair Facility: Any structure or premises conducting major vehicle repair work within enclosed service bays or stalls, including the installation or removal of engines, radiators, transmissions, differentials, fenders, doors, bumpers or other major body or mechanical parts, or spray painting, but not including tire recapping or vulcanizing, or the outdoor storage of wrecked or otherwise damaged and immobilized vehicles. (151)Vehicle Service Center: Any structure or premises used for the servicing and minor repair of vehicles within enclosed service bays or stalls, including diagnostic services, lubrication of vehicles, and minor engine repair such as tune-ups, and the sale and installation of minor parts and accessories such as tires, batteries, shock absorbers, brakes, mufflers, and tail pipes. This use shall not include any establishment engaged in major repair work such as the installation or removal of engines, radiators, transmissions, differentials, fenders, doors, bumpers or other major body or mechanical parts, spray painting, tire recapping or vulcanizing, or the storage of wrecked or damaged and immobilized vehicles. (152)Veterinary Clinic (Animal Hospital): A facility for the practice of veterinary medicine. (153)Warehouse: A structure for use as a storage place for goods, materials or merchandise. (154)Waste Processing Facility: An incinerator, compost plant, transfer station or any facility where solid wastes (excluding hazardous wastes) received from off-site are salvaged, processed, or treated. Page 7 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (155)Water Quality Control Measures: Structural or non- structural best management practices or devices including but not limited to rain gardens, vegetated open channels and buffers, and drainage ditches, all of which are intended to ensure clean water runoff from a development that will remain on the site after all construction is completed. (156)Wind Energy System: A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics intended to primarily reduce on-site consumption of utility power. (157)Yard: An open area between the structure setback lines of a lot as established by the regulations of a particular zoning district, and the property lines of the same lot. (158)Yard, Front: A space extending across the entire front of a lot between the structure setback line as required by the regulations of a particular zoning district and the roadway right-of-way line. (159)Yard, Rear: A space opposite the front yard, extending across the entire rear of a lot between the structure setback line as required by the regulations of a particular zoning district and the rear lot line. (160)Yard, Side: A space extending between the structure setback line as required by the regulations of a particular zoning district and the side lot lines measured between the front yard and the rear yard. (161)Yard Wastes: Materials produced as a result of lawn and garden care and maintenance including leaves, grass clippings, yard and garden vegetation, shrubs, vegetable and flower garden wastes, brush, and trees (and Christmas trees), but not including stumps, roots, or shrubs with intact root balls. 1003.030 Establishment of Districts - Zoning Map. – 1. For the purpose of this Ordinance, that part of St. Louis County outside of incorporated cities, towns, and villages is divided into the following districts: District Code Classification Designation FP Flood Plain FP PS Park and Scenic PS NU Non-Urban NU KP Karst Preservation KP R-1 Residence (one acre) R-1 R-lA Residence (22,000 sq. ft.) R-1A R-2 Residence (15,000 sq. ft.) R-2 R-3 Residence (10,000 sq. ft.) R-3 R-4 Residence (7,500 sq. ft.) R-4 R-5 Residence (6,000 sq. ft.) R-5 R-6A Residence (4,000 sq. ft.) R-6A R-6AA Residence (3,000 sq. ft.) R-6AA R-6 Residence (2,000 sq. ft.) R-6 R-7 Residence (1,750 sq. ft.) R-7 R-8 Residence (500 sq. ft.) R-8 C-1 Neighborhood Shopping C-1 C-2 Shopping C-2 C-3 Shopping C-3 C-4 Highway Service Commercial C-4 C-6 Office and Research Service C-6 C-7 General Extensive Commercial C-7 C-8 Planned Commercial C-8 M-1 Industrial M-1 M-2 Industrial M-2 M-3 Planned Industrial M-3 MXD Mixed Use Development District MXD Main Street Mixed Use District MSMX Transitional Mixed Use District TMX Transit Oriented Development Mixed Use District TODX General Transit Oriented Development District GTOD General Employment District GED General Residential District GRD Edge District ED 2. The boundaries of these districts are hereby established as shown in the "St. Louis County Zoning Map" consisting of a series of maps at a scale of one inch equals two hundred feet, as adopted by Ordinance 3552 (1965), 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 Department of Public Works and the Department of Planning and shall be public records. All subsequent amendments to the zoning maps shall be designated on said official copies. The Planning Commission may, in its discretion, cause the "St. Louis County 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. 3. Flood Plain and Floodway Map. - For the purpose of this Chapter and the St. Louis County Zoning Map, the areas designated special flood hazard and floodway upon the Flood Insurance Rate Maps and Flood Boundary and Floodway Maps adopted by Chapter 1008 SLCRO, Flood Damage Prevention, as the same may be amended from time to time by ordinance, shall constitute the “FP” Flood Plain District and floodway of St. Louis County. Page 8 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... 1003.107 "NU" Non-Urban District Regulations. 1. Scope of Provisions. This section contains the district regulations of the "NU" Non-Urban District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this section by reference. The "NU" Non-Urban District of St. Louis County encompasses areas within which rough natural topography, geological conditions, or location in relation to urbanized areas creates practical difficulties in providing and maintaining public roads, and public or private utility services and facilities. The "NU" Non-Urban District also encompasses areas where specific potential development patterns have not been identified or where significant non-urban uses have been established. 2. Permitted Land Uses and Developments. The following land uses and developments are permitted in this district: (1) Adult day care homes licensed under Chapter 819 of Title VIII SLCRO 1974, as amended, are located 500 feet or more, when measured from lot lines from another adult day care home as determined by the Department of Planning. (2) Child day care home licensed under Chapter 819 of Title VIII 1974, as amended, which are located 500 feet or more, when measured from lot lines from another child day care home as determined by the Department of Planning. (3) Churches. (4) Commercial vegetable and flower gardening, as well as plant nurseries and greenhouses, but not including any structure used as a salesroom. (5) Dairy farming. (6) Dwelling, single family. (7) Dwelling, single family earth sheltered. (8) Farming, including the cultivation and sale of any plant crops and domestic animals. (9) Forests, wildlife reservations, as well as conservation projects. (10) Golf courses, including practice driving tees on the same premises. Miniature golf courses and independent practice driving tees are excluded. (11) Group homes for the handicapped occupied by not more than eight (8) individuals (excluding supervisory personnel) who need not be related by blood or marriage to the operator or operators of the facility. (12) Home occupations. (13) Hunting and fishing as well as propagation of wildlife of any kind. (14) Libraries, public or private not-for-profit. (15) Local public utility facilities sixty (60) feet or less in height or one hundred thousand (100,000) cubic feet in volume or less, provided that any installation other than poles and equipment attached to the poles, shall be: (a) adequately screened with landscaping, fencing, or walls, or any combination thereof, or (b) placed underground, or (c) enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. (16) All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. Mausoleums or Crematoriums in an existing cemetery, any other provision of the law notwithstanding, but no such structure shall be situated closer than 100 feet to any cemetery property line. (17) Parks, parkways, and playgrounds, public or private not- for-profit. (18) Schools, public or private kindergarten, secondary, and collegiate, (20) Schools, public or private elementary, on a tract of land of at least five (5) acres. (19) Telecommunication towers of forty (40) feet or less in height and co-used telecommunication towers or disguised support structures of sixty (60) feet or less in height. 3. Conditional Land Use and Development Permits issued by the Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 1003.181 Conditional Use Permits. (1) Administrative offices and educational facilities for religious purposes. (2) Adult day care centers. (3) Airports and landing strips. (4) Blacksmiths. (5) Cemeteries, including mortuaries operated in conjunction with the cemetery. (6) Child care centers, nursery schools, and day nurseries. (7) Clubs, private not-for-profit. (8) Correctional institutions. (9) Extraction of raw materials from the earth and the processing of these raw materials, but not including the manufacturing of a product. (10) Facilities for the composting of yard wastes. (11) Fairgrounds. (12) Feed or grain storage, commercial or cooperative. (13) Foster homes for handicapped children. (14) Golf courses which are illuminated and practice driving tees. Page 9 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (15) Group homes for the handicapped nine (9) or more individuals (excluding supervisory personnel) not related by blood or marriage to the operator or operators of the facility. (16) Group Homes for the Elderly. (17) Hospitals and hospices. (18) House-trailer park or camp and associated community facilities. (19) Local public utility facilities over sixty (60) feet in height or over one hundred thousand (100,000) cubic feet in volume. (20) Logging operations, sawmills, and mill storage of lumber, but not including any fabrication of timber structures. (21) Mulching plants for trees, wood, or wood waste, but not including any assembly or manufacture of a product. (22) Nursing homes, but not including self care units. (23) Police and fire stations. (24) Public utility facilities. (25) Recreational camps and camping facilities. (26) Recreational land uses, commercial or not-for- profit. (27) Retreats owned and operated by religious, educational, or other not-for-profit establishments and religious convents. (28) Riding stables, kennels, and veterinary clinics. (29) Rifle ranges, skeet shooting clubs, and other activities featuring the use of firearms when all parts of these activities are located at least 100 feet from the boundaries of the property involved. (30) Salesrooms, when established as an accessory use to commercial gardens, plant nurseries, and greenhouses, for the sale of nursery products and related items for use in preserving the life and health of such products, hand tools, and plant containers. The preceding items shall not include power driven equipment, lawn and garden furniture nor decorative accessories, fencing, nor bulk sale of sand, gravel, mulch, railroad ties or similar materials. The salesroom may occupy all or a portion of a building. (31) Sanitary landfills and incinerators. (32) Schools, public or private elementary, on a tract of land of at least three (3) acres but less than five (5) acres. (33) Sewage treatment facilities, other than facilities permitted as an accessory use. (34) Solar arrays as the primary use. (35) Specialized private schools. (36) Stadiums and sports arenas. (37) Telecommunication towers up to two hundred (200) feet in height. 4. Accessory Land Uses and Developments. Subject to compliance with the procedures of this section, 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, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following: (1) Devices for the generation of energy, such as solar panels, solar arrays, ground source heat pump stations, wind energy systems [generators], and similar devices. Accessory solar arrays shall not exceed one half of the footprint of the principal structure, or 600 square feet, whichever is greater. (2) Individual sewage treatment facilities serving an individual dwelling, farm, or non-residential use, as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed 5,000 gallons per day flow. (3) Private stables. (4) Signs (business, directional and information). (5) Storage and processing of reclaimed asphalt pavement (“RAP”) for use in the production of asphalt when an approved asphalt plant is located on the same premises or when an approved asphalt plant is located adjacent to premises used as quarry authorized under Section 1003.181 Conditional Use Permit Procedure. RAP stockpiles shall be no closer than 400 feet to any adjoining Residence District and shall be no more than twenty-five (25) feet in height nor contain more than 75,000 tons of RAP; except, however, that stockpiles more than 1,000 feet from a Residence District shall be no more than thirty-five (35) feet in height or contain more than a twenty-four month estimated supply of RAP for the adjoining asphalt plant. On or before January 15th of each year, the owner of any property supporting this accessory use shall file with the Director of Planning, subject to audit by the St. Louis County Auditor, separate written reports for RAP less than and RAP more than 1,000 feet from a Residence District, stating (a) estimated tonnage as of January 1st of the preceding year, (b) amount of RAP in tons received during the preceding year, (c) amount of RAP in tons that was processed into asphalt mix during the preceding year, (d) estimated tonnage as of December 31st of the preceding year, and (e) estimated number of months’ supply as of January 1st of that year. 5. Performance Standards. All uses in the "NU" Non-Urban District shall operate in conformity with the appropriate performance standards contained in Section 1003.163 Zoning Performance Standard Regulations. 6. Height Limitations for Structures. The total height of any structure shall not exceed that permitted in Section 1003.161 Air Navigation Space Regulations. 7. Lot Area and Yard Requirements. The minimum lot area and yard requirements for land uses and developments in the "NU" Non-Urban District shall be as set out below: (1) Minimum Lot Area Requirements: (a) The following permitted and Conditional Land Uses shall be situated on tracts of land providing not less than the following areas: Use Minimum Area Adult day care center 3 acres Administrative offices and educational facilities - religious 4 acres Child Care Center 3 acres Church 3 acres Dwelling, single family 3 acres Dwelling, single family, earth sheltered 3 acres Page 10 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... Group homes for the handicapped 3 acres * Group homes for the elderly 3 acres House-trailer parks 20 acres with an average of or camps, including at least 4000 sq. ft. per community center unit Local public utility facilities and telecommunication towers 10,000 sq. ft. Mechanical sewage treatment facility 3 acres Schools nursery or day nursery 1 acre kindergarten (separate) 3 acres elementary (permitted use) 5 acres elementary (conditional use) 3 acres junior high 10 acres senior high 20 acres collegiate 10 acres *Lot size may be smaller if authorized by Section 1003.183 or Section 1003.187 of this ordinance or if lot is a legal lot of record. (b) Any lot or tract of record on the effective date of this ordinance, which contains less than three acres, may be used as a site for one single family dwelling together with customary accessory structures and uses. (c) Specialized private schools shall be located on a tract of land containing one 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 paragraph 7(1)(a). (d) Mechanical sewage treatment facilities may be located on tracts of land less than three (3) acres in area where the facility is located on platted common land within a subdivision. The minimum lot area, however, shall in no case be less than 10,000 square feet. (e) Police and fire stations as approved by the Planning Commission via a Conditional Use Permit 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. (f) All other Permitted or Conditional Land Uses in this district shall be situated or conducted on tracts of land at least five acres in area. (2) Creation of New Lots. No new lots shall be created of less than three (3) acres in area except for fire stations, police stations, nurseries or day nurseries, and local public utility facilities. Lots of less than three acres in area, created for the above uses, shall not be used for any other use. 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 three acres, a deed or other legal instrument must be approved by the County Counselor and recorded with the St. Louis County Recorder of Deeds, which guarantees the required transfer of the property in the event the permitted use is terminated. (3) Minimum Yard Requirements: General. (a) Front yard. No structure shall be allowed within fifty (50) feet of any roadway right-of-way line. (b) Side and rear yard. No structure shall be allowed within twenty (20) feet of any property line other than a roadway right-of-way line. (4) Specific Yard Requirements and Exceptions. (a) Notwithstanding any other provisions of this Chapter, on corner lots, 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. (b) Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements. (c) Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback. (d) Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback or sight distance triangle. (e) A permitted free-standing business sign may be located no closer than twenty-five (25) feet from any roadway right-of-way line. (f) Light standards for street lighting 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 of Planning. 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 "R" Residence District. (g) Solar arrays or above ground equipment associated with ground source heat pumps may not belocated within the front yard setback. (h) Solar arrays shall be located a minimum of twenty (20) feet from all property lines and other structures. (i) A solar array shall not exceed one half the footprint of the principal structure or 600 feet, whichever is greater. (j) Above ground equipment associated with ground source heat pump stations shall meet the structure setbacks of the underlying zoning district and shall not encroach on any easement or right-of- way. (k) In the event that greater than fifty (50) percent of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of 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 seventy-five (75) feet be required. (l) If a lot of record existing on the effective date of this ordinance has a width of one hundred (100) 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 (10) percent of the width of the lot, but in no instances shall such yard be less than five (5) feet in width. (m) 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 additional foot for every foot of height above thirty feet. (n) No private stable shall be allowed within one hundred (100) feet of any property line. Affiliated pasture areas shall be fenced. Page 11 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (o) Notwithstanding any other provisions of this Chapter, no wind energy systems or telecommunication towers shall [not] be closer to a property line of "PS" Park and Scenic District, "NU" Non-Urban District or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a Conditional Use Permit. (p) The turbine and tower of a wind energy system shall remain painted or finished in the color that was originally applied by the manufacturer. Bright, luminescent, or neon colors as determined by the Director of Planning shall be prohibited. (q) The blade tip or vane of any wind energy system shall have a minimum ground clearance of fifteen feet as measured from the lowest point of the arc of the blades. (r) No illumination of or on the turbine or tower shall be allowed unless required by the FAA. (s) Any climbing foot pegs or rungs below twelve feet of a freestanding tower shall be removed to prevent unauthorized climbing. (5) Maximum Height and Minimum Yard Requirements for Nursing Homes: (a) 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. (b) No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line. 8. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165 Off-Street Parking and Loading Requirements. 9. Sign Regulations. Sign regulations are set forth in Section 1003.168 Sign Regulations.” 1003.109 "KP" Karst Preservation District Regulations. 1. Purpose and Intent. An approximately four square mile area of north St. Louis County located in the community of Old Jamestown is characterized by a unique karst topography. It has been scientifically identified as the “Florissant Karst” region by the geologic/scientific community as being one of the finest examples of deep funnel-shaped sinkholes in the central United States. Sinkholes, springs, and caves are among the common features in karst areas. This type of topography presents serious constraints to urban development in particular soil creep near sinkhole depressions, localized flooding near sinkholes, and potential groundwater contamination from stormwater runoff and sewage effluent. A primary characteristic of this karst area is the existence of surface sinkholes into which all surface runoff flows. The area is considered to be internally drained, and as a result has no surface channels that convey surface runoff to larger surface streams. This section is therefore necessary to protect this significant natural environmental geologic area. It is the purpose of this section to preserve the Florissant Karst area in its natural state, while allowing development at an intensity that can be accommodated within the constraints of the geological features of this unique area. 2. Scope of Provisions. This section contains the regulations for the "KP" Karst Preservation District of St. Louis County. All of the area within the "KP" Karst Preservation District is located in the Florissant Karst area, as described in subsection 1, and is subject to all of the provisions of this subsection. 3. Permitted Land Uses and Developments. The following land uses and developments are permitted in the “KP” Karst Preservation District: (1) Adult day care homes licensed under Chapter 819 of Title VIII SLCRO 1974, as amended, which are located 500 feet or more, when measured from lot lines, from another adult day care home as determined by the Department of Planning. (2) Child day care home licensed under Chapter 819 of Title VIII SLCRO 1974, as amended, which are located 500 feet or more, when measured from lot lines, from another child day care home as determined by the Department of Planning. (3) Churches. (4) Commercial vegetable and flower gardening, as well as plant nurseries and greenhouses, but not including any structure used as a salesroom. (5) Dairy farming. (6) Dwelling, single family. (7) Dwelling, single family earth sheltered. (8) Farming, including the cultivation and sale of any plant crops and domestic animals. (9) Forests, wildlife reservations, and conservation projects. (10) Golf courses, including practice driving tees on the same premises. Miniature golf courses and independent practice driving tees are excluded. (11) Group homes for the handicapped occupied by not more than eight (8) individuals (excluding supervisory personnel) who need not be related by blood or marriage to the operator or operators of the facility. (12) Home occupations. (13) Hunting and fishing as well as propagation of wildlife of any kind. (14) Libraries, public or private not-for-profit. (15) Local public utility facilities sixty (60) feet or less in height or one hundred thousand (100,000) cubic feet in volume or less, provided that any installation, other than poles and equipment attached to the poles shall be: (a) adequately screened with landscaping, fencing, or walls, or any combination thereof, or (b) placed underground, or (c) enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. Page 12 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. (16) Mausoleums or Crematoriums in an existing cemetery, any other provision of the law notwithstanding, but no such structure shall be situated closer than 100 feet to any cemetery property line. (17) Parks, parkways, and playgrounds, public or private not-for-profit. (18) Schools, public or private kindergarten, secondary, and collegiate. (19) Schools, public or private elementary, on a tract of land of at least five (5) acres. (20) Telecommunication towers of forty (40) feet or less in height and co-used telecommunication towers or disguised support structures of sixty (60) feet or less in height. 4. Conditional Land Use and Development Permits issued by the Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 1003.181 Conditional Use Permits: (1) Administrative offices and educational facilities for religious purposes. (2) Adult day care centers. (3) Cemeteries, including mortuaries operated in conjunction with the cemetery. (4) Child care centers. (5) Clubs, private not-for-profit. (6) Extraction of raw materials from the earth and the processing of these raw materials, but not including the manufacturing of a product. (7) Feed or grain storage, commercial or cooperative. (8) Foster homes for handicapped children. (9) Golf courses which are illuminated and practice driving tees. (10)Group homes for the handicapped, to be occupied by nine(9) or more individuals (excluding supervisory personnel) not related by blood or marriage to the operator or operators of the facility. (11)Group homes for the elderly. (12)Local public utility facilities over sixty (60) feet in height or over one hundred thousand (100,000) cubic feet in volume. (13)Nursing homes, but not including self-care units. (14)Police and fire stations. (15)Public utility facilities. (16)Recreational camps and camping facilities. (17)Recreational land uses, commercial or not-for-profit. (18)Retreats owned and operated by religious, educational, or other not-for-profit establishments and religious convents. (19)Riding stables, kennels, and veterinary clinics. (20)Rifle ranges, skeet shooting clubs, and other activities featuring the use of firearms when all parts of these activities are located at least 100 feet from the boundaries of the property involved. (21)Salesrooms, when established as an accessory use to commercial gardens, plant nurseries, and greenhouses, for the sale of nursery products and related items for use in preserving the life and health of such products, hand tools, and plant containers. The preceding items shall not include power-driven equipment, lawn and garden furniture or decorative accessories, fencing, or bulk sale of sand, gravel, mulch, railroad ties or similar materials. The salesroom may occupy all or a portion of a building. (22)Schools, public or private elementary, on a tract of land of at least three (3) acres but less than five (5) acres. (23)Sewage treatment facilities, other than facilities permitted as an accessory use. (24)Solar arrays as the primary use (25)Specialized private schools. (26)Telecommunication towers up to two hundred (200) feet in height. 5. Accessory Land Uses and Developments. Subject to compliance with the procedures of this Section, 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, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following: (1) Devices for the generation of energy, such as solar panels, solar arrays, above ground equipment associated with ground source heat pump systems,wind energy systems [generators], and similar devices. Accessory solar arrays shall not exceed one half of the footprint of the principal structure, or 600 square feet, whichever is greater. (2) Individual sewage treatment facilities serving an individual dwelling, farm, or non-residential use, as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed 5,000 gallons per day flow. (3) Private stables. (4) Manufacturing plants, such as asphalt or concrete plants, when located on the same premises as an operation authorized under Section 1003.181 Conditional Use Permit Procedure engaged in the extraction of raw materials from the earth and the processing of these raw materials. (5) Signs (business, directional, and information). 6. Development Criteria. (1) Sinkholes are not adequate natural discharge points. No use or development in the “KP” Karst Preservation District shall: (a) increase the surface runoff onto other properties, (b) change the overall surface runoff pattern of the existing sinkhole network, (c) create artificial routing of stormwater between sinkholes, (d) result in the blockage or filling of sinkholes, (e) create or cause to be created artificial stormwater structures within sinkholes, Page 13 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (f) allow for the disposal of any materials into a sinkhole that will degrade the quality of water entering the subsurface through the sinkhole, (g) decrease the rate that water enters the subsurface through the sinkhole, or (h) permit [prevent] the discharge of developed stormwater into a sinkhole. (2) A Geotechnical Engineer shall submit a geotechnical report for most new development. This report will be submitted to the Department of Highways and Traffic for review and approval, and, to insure compliance with this Section and stormwater design criteria as it pertains to Florissant Karst geology and proximity to sinkholes. A statement of compliance with this study, signed by the Geotechnical Engineer preparing the report, shall be included on any Site Plans. The Geotechnical Engineer shall sign and seal all plans with a certification that the proposed construction will be completed in accordance with the grading and soils requirements and conditions contained in the report. The Department of Highways and Traffic may require such additional data or engineering studies as may be necessary to determine the adequacy of the proposed plan for addressing stormwater treatment. 7. Performance Standards. All uses in the "KP" Karst Preservation District shall operate in conformity with the appropriate performance standards contained in Section 1003.163 Zoning Performance Standard Regulations. 8. Height Limitations for Structures. The total height of any structure shall not exceed that permitted in Section 1003.161 Air Navigation Space Regulations. 9. Lot Area and Yard Requirements. The minimum lot area and yard requirements for land uses and developments in the "KP" Karst Preservation District shall be as set out below: (1) Minimum Lot Area Requirements: (a) The following Permitted and Conditional Land Uses shall be situated on tracts of land providing not less than the following areas: Use Minimum Area Adult day care center 3 acres Administrative offices and educational facilities - religious 4 acres Child Care Center 3 acres Church 3 acres Dwelling, single family 3 acres Dwelling, single family, earth sheltered 3 acres Group homes for the handicapped 3 acres Group homes for the elderly 3 acres Local public utility facilities and telecommunication towers 10,000 sq. ft. Mechanical sewage treatment facility 3 acres Schools kindergarten (separate) 3 acres elementary (permitted use) 5 acres elementary (conditional use) 3 acres junior high 10 acres senior high 20 acres collegiate 10 acres (b) Any lot or tract of record on the effective date of this ordinance, which contains less than three (3) acres, may be used as a site for one (1) single family dwelling together with customary accessory structures and uses. (c) 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 paragraph 9.(1)(a). (d) Mechanical sewage treatment facilities may be located on tracts of land less than three (3) acres in area where the facility is located on platted common land within a subdivision. The minimum lot area, however, shall in no case be less than 10,000 square feet. (e) All other Permitted or Conditional Land Uses in this District shall be situated or conducted on tracts of land at least five (5) acres in area. (2) Creation of New Lots. No new lots shall be created of less than three (3) acres in area except for local public utility facilities. Lots of less than three (3) acres in area, created for a local public utility facility, shall not be used for any other use. (3) Minimum Yard Requirements: General. (a) Front yard. No structure shall be allowed within fifty (50) feet of any roadway right-of-way line. (b) Side and rear yard. No structure shall be allowed within twenty (20) feet of any property line other than a roadway right-of-way line. (c) Sinkhole. No structure shall be allowed within seventy-five (75) feet of the edge of any sinkhole. Page 14 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (d) No septic tank shall be closer than fifty (50) feet to the edge of sinkhole; and the septic tank’s leach field shall be a minimum of one hundred (100) feet from the edge of any sinkhole. (4) Specific Yard Requirements and Exceptions. (a) Notwithstanding any other provisions of this Chapter, on corner lots, 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. (b) Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements. (c) Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback. (d) Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback or sight distance triangle. (e) A permitted free-standing business sign may be located no closer than twenty-five (25) feet from any roadway right-of-way line. (f) Light standards for street lighting 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 of Planning. 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 “KP” Karst Preservation, "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District. (g) Solar arrays or above ground equipment associated with ground source heat pumps may not be located within the front yard setback. (h) Solar arrays shall be located a minimum of twenty (20) feet from all property lines and other structures. (i) A solar array shall not exceed one half the footprint of the principal structure or 600 feet, whichever is greater. (j) Above ground equipment associated with ground source heat pump stations shall meet the structure setbacks of the underlying zoning district and shall not encroach on any easement or right of-way. (k) In the event that greater than fifty (50) percent of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of 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 seventy-five (75) feet be required. (l) If a lot of record existing on the effective date of this Ordinance has a width of one hundred (100) 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 (10) percent of the width of the lot, but in no instances shall such yard be less than five (5) feet in width. (m) 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. (n) No private stable shall be allowed within one hundred (100) feet of any property line or the edge of any sinkhole. Affiliated pasture areas shall be fenced. (o) Notwithstanding any other provisions of this Chapter, no wind energy systems or telecommunication towers shall [not] be closer to a property line of "PS" Park and Scenic District, “KP” Karst Preservation, "NU" Non-Urban District or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a Conditional Use Permit. (p) The turbine and tower of a wind energy system shall remain painted or finished in the color that was originally applied by the manufacturer. Bright, luminescent, or neon colors as determined by the Director of Planning shall be prohibited. (q) The blade tip or vane of any wind energy system shall have a minimum ground clearance of fifteen feet as measured from the lowest point of the arc of the blades. (r) No illumination of or on the turbine or tower shall be allowed unless required by the FAA. (s) Any climbing foot pegs or rungs below twelve feet of a freestanding tower shall be removed to prevent unauthorized climbing. 10. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165 Off- Street Parking and Loading Requirements. 11. Sign Regulations. Sign regulations are set forth in Section 1003.168 Sign Regulations. 12. Procedure - Approval of Site Plan. If the standards required by this subsection are satisfactorily met in respect to any lot or tract of land in the "KP" Karst Preservation District, the property may then be used for such permitted uses or those conditional uses as authorized by the Planning Commission for the particular property. Prior to authorization for any development or redevelopment in the “KP” Karst Preservation area, the following requirements shall be met: (a) Submit a Site Plan to the Department of Planning for review and approval if required by Section 1003.179 Site Plan Review Procedure; or (b) Submit plans for single lot residential developments to the Department of Public Works to be reviewed for compliance with the Zoning ordinance. (c) Plans shall include contours, setbacks, sinkhole location, building dimensions, a geotechnical report insuring compliance with this subsection and stormwater design criteria as it pertains to the Florissant Karst geology and other pertinent information as deemed necessary. Exceptions: A detailed site plan and geotechnical report are not required for any of the following provided sinkholes are shown on the site plan: (i) agricultural buildings less than 2,000 square feet in gross floor area, Page 15 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (ii) additions to single family residences when the addition is less than fifty percent (50%) of the existing building’s gross floor area and the addition does not exceed 2,000 square feet, or (iii) accessory structures (including garages and retaining walls) less than 1,000 square feet. 1003.111 "R-1" Residence District Regulations. - 1. Scope of Provisions. This section contains the district regulations of the "R-1" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this section by reference. 2. Permitted Land Uses and Developments. The following land uses and developments are permitted in this district: (1) Churches. (2) Commercial vegetable and flower gardening as well as plant nurseries and greenhouses, but not including any structure used as a salesroom. (3) Day care homes licensed under Chapter 819 of Title VIII SLCRO 1974, as amended, which are located 500 feet or more, when measured from lot lines, from another day care home as determined by the Director of Planning. (4) Dwellings, single-family. (5) Farming, including the cultivation and sale of any plant crops and domestic animals. (6) Forests and wildlife reservations as well as conservation projects. (7) Golf courses, including practice driving tees on the same premises. Miniature golf courses and independent practice driving tees are excluded. (8) Group homes for the handicapped occupied by not more than eight (8) individuals (excluding supervisory personnel) who need not be related by blood or marriage to the operator or operators of the facility. (9) Home occupations. (10) Libraries, public or private not-for-profit. (11) Local public utility facilities sixty (60) feet or less in height or one hundred thousand (100,000) cubic feet in volume or less, provided that any installation, other than poles and equipment attached to the poles, shall be: (a) adequately screened with landscaping, fencing or walls, or any combination thereof, or (b) placed underground, or (c) enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. (12) Parks, parkways, and playgrounds, public or private not- for-profit. (13) Schools, public or private kindergarten, secondary, and collegiate. (14) Schools, public or private elementary, on a tract of land of at least five (5) acres. (15) Telecommunication towers of forty (40) feet or less in height. 3. Conditional Land Use and Development Permits Issued by the Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 1003.181 Conditional Use Permits: (1) Administrative offices and educational facilities for religious purposes. (2) Adult day care centers. (3) Airports and landing strips. (4) Cemeteries and mausoleums, including mortuaries operated in conjunction with the cemetery or mausoleum. (5) Child care centers, nursery schools, and day nurseries. (6) Private, not-for-profit clubs, private, not-for-profit recreational land uses, and community centers. (7) Dairy farms. (8) Extraction of raw materials from the earth and the processing of these raw materials, but not including the manufacturing of a product. (9) Foster homes for handicapped children. (10) Golf courses which are illuminated, and practice driving tees. Miniature golf courses are excluded. (11) Group homes for the handicapped to be occupied by nine (9) or more individuals (excluding supervisory personnel) not related by blood or marriage to the operator or operators of the facility. (12) Group homes for the elderly (13) Hospitals and hospices. (14) Local public utility facilities over sixty (60) feet in height or over one hundred thousand (100,000) cubic feet in volume. (15) Nursing homes. (16) Police and fire stations. (17) Public utility facilities. (18) Retreats owned and operated by religious, educational, or other not-for-profit establishments. (19) Riding stables and kennels. (20) Salesrooms for commercial gardens, plant nurseries, and greenhouses. (21) Schools, public or private elementary, on a tract of land of at least three (3) acres but less than five (5) acres. (22) Sewage treatment facilities, other than facilities permitted as an accessory use. (23) Specialized private schools. (24) Telecommunication towers up to two hundred (200) feet in height. 4. Accessory Land Uses and Developments. Subject to compliance with the procedures of this section, 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, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Detached above-ground accessory structures shall not cover more than a total of 7% of the lot area. Accessory uses include the following: (1) Devices for the generation of energy, such as solar panels, solar arrays, above ground equipment associated with ground source heat pump systems, wind energy systems [generators], and similar devices. (2) Individual sewage treatment facilities serving an individual dwelling, farm, or non-residential use, as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed 5,000 gallons per day flow. Page 16 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (3) Manufacturing plants, such as asphalt or concrete plants, when located on the same premises as an operation authorized under Section 1003.181 Conditional Use Permit Procedure engaged in the extraction of raw materials from the earth and the processing of these raw materials. (4) Private stables. (5) Signs (directional and information), (6) Signs (business) when established in conjunction with a Conditional Use Permit for: (a) airport or landing strip, (b) dairy farm, (c) radio, television, or communication facility, (d) riding stable or kennel, or (e) salesroom for commercial gardens, plant nurseries, or greenhouses. 5. Performance Standards. All uses in the "R-1" Residence District shall operate in conformity with the appropriate performance standards contained in Section 1003.163 Zoning Performance Standard Regulations. 6. Height Limitations for Structures. Other than telecommunication towers the maximum height of structures in the "R-1" Residence District shall be as set out below: (1) No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three stories or forty-five (45) feet in height, whichever is less. (2) All other structures, other than a local public utility facility authorized by a Conditional Use Permit, 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 1003.161 Air Navigation Space Regulations. 7. Lot Area, Yard, and Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-1" Residence District as well as the maximum density of nursing home self care units shall be as set out below: (1) Minimum Lot Area Requirements: (a) The following permitted and Conditional Land Uses shall be situated on tracts of land providing not less than the following areas: Use Minimum Area Administrative offices and educational 3 acres facilities – religious Adult day care center 1 acre Child care center 1 acre Church 3 acres Dwelling, single family 1 acre Group homes for the handicapped 1 acre* Kennel 3 acres Library 3 acres Local public utility facilities and telecommunication towers 10,000 sq. ft. Mechanical sewage treatment facility 1 acre Schools nursery or day nursery 1 acre kindergarten (separate) 3 acres elementary (permitted use) 5 acres elementary (conditional use) 3 acres junior high 10 acres senior high 20 acres collegiate 10 acres *Lot size may be smaller if authorized by Section 1003.183 or Section 1003.187 of this ordinance or if lot is a legal lot of record. (b) Any lot or tract of record on the effective date of this ordinance, which contains less than one acre, may be used as a site for one single family dwelling together with accessory structures and uses. (c) Foster homes for handicapped children, group homes for the elderly, and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a Conditional Use Permit, 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 one acre. (d) Police and fire stations as approved by the Planning Commission via a Conditional Use Permit 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. (e) Specialized private schools shall be located on a tract of land containing one 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 paragraph 7.(1)(a). (f) Mechanical sewage treatment facilities may be located on tracts of land less than one (1) acre in an area where the facility is located on platted common land within a subdivision. The minimum lot area, however, shall in no case be less than 10,000 square feet. (g) All other Permitted or Conditional Land Uses in this district shall be situated or conducted on tracts of land at least five acres in area. (2) Creation of New Lots. No new lots shall be created of less than one acre in area except for fire stations, police stations, and local public utility facilities. Lots of less than one acre in area, 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 one acre, a deed or other legal Page 17 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... instrument must be approved by the County Counselor and recorded with the St. Louis County Recorder of Deeds, which guarantees the required transfer of the property in the event the permitted use is terminated. (3) Minimum Yard Requirements: General. (a) Front yard. No structure shall be allowed within thirty (30) feet of any roadway right-of-way line. (b) Side and rear yard. No structure shall be allowed within fifteen (15) feet of any property line other than a roadway right-of-way line. (4) Specific Yard Regulations and Exceptions. (a) Notwithstanding any other provision of this Chapter, on corner lots, 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. (b) Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements. (c) Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback. (d) Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback. (e) Light standards for street lighting 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 of Planning. Light standards for parking lot lighting are allowed no closer than ten (10) feet of any aide or rear yard line which adjoins property in the "NU" Non Urban, "PS" Park and Scenic, or any "R" Residence District. (f) Solar arrays or above ground equipment associated with ground source heat pumps may not be located within the front yard setback. (g) Solar arrays shall be located a minimum of twenty (20) feet from all property lines and other structures. (h) A solar array shall not exceed one half the footprint of the principal structure or 600 feet, whichever is greater. (i) Above ground equipment associated with ground source heat pump stations shall meet the structure setbacks of the underlying zoning district and shall not encroach on any easement or right of-way. (j) In the event that greater than fifty (50) percent of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of 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 seventy-five (75) feet be required. (k) If a lot of record existing on the effective date of this ordinance has a width of one hundred (100) 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 (10) percent of the width of the lot, but in no instances shall such yard be less than five (5) feet in width. (l) 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 additional foot for every foot of height above thirty feet. (m) No private stable shall be allowed within one hundred (100) feet of any property line. Affiliated pasture areas shall be fenced. (n) Notwithstanding any other provisions of this Chapter, no wind energy systems or telecommunication towers shall [not] be closer to a property line of "PS" Park and Scenic District, "NU" Non-Urban District or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a Conditional Use Permit. (o) The turbine and tower of a wind energy system shall remain painted or finished in the color that was originally applied by the manufacturer. Bright, luminescent, or neon colors as determined by the Director of Planning shall be prohibited. (p) The blade tip or vane of any wind energy system shall have a minimum ground clearance of fifteen feet as measured from the lowest point of the arc of the blades. (q) No illumination of or on the turbine or tower shall be allowed unless required by the FAA. (r) Any climbing foot pegs or rungs below twelve feet of a freestanding tower shall be removed to prevent unauthorized climbing. (5) Maximum Density, Maximum Height and Minimum Yard Requirements for Nursing Homes: (a) Densities of self care units shall not exceed ten (10) units per acre. (b) 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. (c) No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line. 8. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165 Off-Street Parking and Loading Requirements. 9. Sign Regulations. Sign regulations are set forth in Section 1003.168 Sign Regulations. 1003.112 "R-1A" Residence District Regulations. 1. Scope of Provisions. This section contains the district regulations of the "R-1A" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this section by reference. 2. Permitted Land Uses and Developments. The following land uses and developments are permitted in this district: (1) Churches. (2) Day care homes licensed under Chapter 819 of Title XIII SLCRO 1974, as amended which are located 500 feet or more, when measured by lot lines, from another day care home as determined by the Director of Planning. (3) Dwellings, single-family. (4) Forests and wildlife reservations, as well as conservation projects. (5) Golf courses, including practice driving tees on the same premises. Miniature golf courses and independent practice driving tees are excluded. (6) Group homes for the handicapped occupied by not more than eight (8) individuals (excluding supervisory personnel) who need not be related by blood or marriage to the operator or operators of the facility. (7) Home occupations. (8) Libraries, public or private not-for-profit. (9) Local public utility facilities sixty (60) feet or less in height or one hundred thousand (100,000) cubic feet in volume or less, provided that any installation, other than poles and equipment attached to the poles, shall be; (a) adequately screened with landscaping, fencing or walls, or any combination thereof, or (b) placed underground, or Page 18 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (c) enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. (10) Parks, parkways, and playgrounds, public or private not- for-profit. (11) Schools, public or private kindergarten, secondary, and collegiate. (12) Schools, public or private elementary, on a tract of land of at least five (5) acres. (13) Telecommunication towers of forty (40) feet or less in height. 3. Conditional Land Use and Development Permits Issued by the Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 1003.181 Conditional Use Permits: (1) Adult day care centers. (2) Child care centers, nursery schools, and day nurseries. (3) Private, not-for-profit clubs, private, not-for-profit recreational land uses and community centers. (4) Foster homes for handicapped children. (5) Golf courses which are illuminated, and practice driving tees. Miniature golf courses are excluded. (6) Group homes for the handicapped to be occupied by nine (9) or more individuals (excluding supervisory personnel) not related by blood or marriage to the operator or operators of the facility. (7) Group Homes for the Elderly. (8) Hospitals and hospices. (9) Local public utility facilities over sixty (60) feet in height or over one hundred thousand (100,000) cubic feet in volume. (10) Nursing homes. (11) Police and fire stations. (12) Public utility facilities. (13) Retreats owned and operated by religious, educational, or other not-for-profit establishments. (14) Schools, public or private elementary, on a tract of land of at least three (3) acres but less than five (5) acres. (15) Sewage treatment facilities, other than facilities permitted as an accessory use. (16) Specialized private schools. (17) Telecommunication towers up to two hundred (200) feet in height. 4. Accessory Land Uses and Developments. Subject to compliance with the procedures of this section, 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, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Detached above-ground accessory structures shall not cover more than a total of 7% of the lot area. Accessory uses include the following: (1) Devices for the generation of energy, such as solar panels, solar arrays, ground source heat pump systems, wind energy systems [generators], and similar devices. (2) Individual sewage treatment facilities serving an individual dwelling or non-residential use, as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed 5,000 gallons per day flow. (3) Private stables. (4) Signs (directional and information). 5. Performance Standards. All uses in the "R-1A" Residence District shall operate in conformity with the appropriate performance standards contained in Section 1003.163 Zoning Performance Standard Regulations. 6. Height Limitations for Structures. Other than telecommunication towers, the maximum height of structures in the "R-1A" Residence District shall be as set out below: (1) No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three stories or forty-five (45) feet in height, whichever is less. (2) All other structures, other than a public utility tower or a local public utility facility authorized by a Conditional Use Permit, shall not exceed a height of sixty (60) feet 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 1003.161 Air Navigation Space Regulations. 7. Lot Area, Yard, and Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-1A" Residence District as well as the maximum density of nursing home self care units shall be as set out below: (1) Minimum Lot Area Requirements: (a) The following permitted and Conditional Land Uses shall be situated on tracts of land providing not less than the following areas: Use Minimum Area Adult day care center 30,000 sq. ft. Child care center 30,000 sq. ft. Church 3 acres Dwelling, single family 22,000 sq. ft. Group homes for the handicapped 22,000 sq. ft.* Library 1 acre Local public utility facilities and telecommunication towers 10,000 sq. ft. Mechanical sewage treatment facility 22,000 sq. ft. Schools nursery or day nursery 22,000 sq. ft. kindergarten (separate) 1 acre Page 19 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... elementary (permitted use) 5 acres elementary (conditional use) 3 acres junior high 10 acres senior high 20 acres collegiate 10 acres *Lot size may be smaller if authorized by Section 1003.183 or Section 1003.187 of this ordinance or if lot is a legal lot of record. (b) Any lot or tract of record on the effective date of this ordinance, which contains less than 22,000 sq. ft., may be used as a site for one single family dwelling together with accessory structures and uses. (c) Foster homes for handicapped children, group homes for the elderly, and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a Conditional Use Permit, 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 22,000 square feet. (d) Police and fire stations as approved by the Planning Commission via a Conditional Use Permit 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. (e) Specialized private schools shall be located on a tract of land containing one 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 paragraph 7.(1)(a). (f) Mechanical sewage treatment facilities may be located on tracts of land less than 22,000 square feet in area where the facility is located on platted common land within a subdivision. The minimum lot area, however, shall in no case be less than 10,000 square feet. (g) All other Permitted or Conditional Land Uses in this district shall be situated or conducted on tracts of land at least five acres in area. (2) Creation of New Lots. No new lots shall be created of less than 22,000 square feet in area except for fire stations, police stations, and local public utility facilities. Lots of less than 22,000 sq. ft., 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 one acre, a deed or other legal instrument must be approved by the County Counselor and recorded with the St. Louis County Recorder of Deeds, which guarantees the required transfer of the property in the event the permitted use is terminated. (3) Minimum Yard Requirements: General. (a) Front yard. No structure shall be allowed within twenty-five (25) feet of any roadway right-of-way line. (b) Side yard. No structure shall be allowed within twelve (12) feet of any side property line. (c) Rear yard. No structure shall be allowed within fifteen (15) feet of any rear property line. (4) Specific Yard Requirements and Exceptions. (a) Notwithstanding any other provision of this Chapter n corner lots, 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. (b) Boundary walls or fences, six (6) feet or less in eight, are allowed within the minimum yard requirements. (c) Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback. (d) Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback. (e) Light standards for street lighting 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 of Planning. 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 "R" Residence District. (f) Solar arrays or above ground equipment associated with ground source heat pumps may not be located within the front yard setback. (g) Solar arrays shall be located a minimum of twenty (20) feet from all property lines and other structures. (h) A solar array shall not exceed one half the footprint of the principal structure or 600 feet, whichever is greater. (i) Above ground equipment associated with ground source heat pump stations shall meet the structure setbacks of the underlying zoning district and shall not encroach on any easement or right of-way. (j) In the event that greater than fifty (50) percent of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of 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. (k) If a lot of record existing on the effective date of this ordinance has a width of seventy (70) 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 (10) percent of the width of the lot, but in no instances shall such yard be less than five (5) feet in width. (l) 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 additional foot for every foot of height above thirty feet. (m) No private stable shall be allowed within one hundred (100) feet of any property line. Affiliated pasture areas shall be fenced. (n) Notwithstanding any other provisions of this Chapter, no wind energy systems or telecommunication towers shall [not] be closer to a property line of "PS" Park and Scenic District, "NU" Non-Urban District or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a Conditional Use Permit. (o) The turbine and tower of a wind energy system shall remain painted or finished in the color that was originally applied by the manufacturer. Bright, luminescent, or neon colors as determined by the Director of Planning shall be prohibited. (p) The blade tip or vane of any wind energy system shall have a minimum ground clearance of fifteen feet as measured from the lowest point of the arc of the blades. (q) No illumination of or on the turbine or tower shall be allowed unless required by the FAA. (r) Any climbing foot pegs or rungs below twelve feet of a freestanding tower shall be removed to prevent unauthorized climbing. (5) Maximum Density, Maximum Height and Minimum Yard Requirements for Nursing Homes: Page 20 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (a) Densities of self care units shall not exceed ten (10) units per acre. (b) 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. (c) No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line. (6) Off-Street Parking and Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165 Off-Street Parking and Loading Requirements. (7) Sign Regulations. Sign regulations are set forth in Section 1003.168 Sign Regulations. 1003.113 "R-2" Residence District Regulations. 1. Scope of Provisions. This section contains the district regulations of the "R-2" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this section by reference. 2. Permitted Land Uses and Developments. The following land uses and developments are permitted in this district: (1) Churches. (2) Day care homes licensed under Chapter 819 of Title VIII SLCRO 1974, as amended, which are located 500 feet or more, when measured from lot lines, from another day care home as determined by the Director of Planning. (3) Dwellings, single-family. (4) Forests and wildlife reservations as well as conservation projects. (5) Golf courses, including practice driving tees on the same premises. Miniature golf courses and independent practice driving tees are excluded. (6) Group homes for the handicapped occupied by not more than eight (8) individuals (excluding supervisory personnel) who need not be related by blood or marriage to the operator or operators of the facility. (7) Home occupations. (8) Libraries, public or private not-for-profit. (9) Local public utility facilities sixty (60) feet or less in height or one hundred thousand (100,000) cubic feet in volume or less, provided that any installation, other than poles and equipment attached to the poles, shall be: (a) adequately screened with landscaping, fencing or walls, or any combination thereof, or (b) placed underground, or (c) enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. (10) Parks, parkways, and playgrounds, public or private not- for-profit. (11) Schools, public or private kindergarten, secondary, and collegiate. (12) Schools, public or private elementary, on a tract of land of at least five (5) acres. (13) Telecommunication towers of forty (40) feet or less in height. 3. Conditional Land Use and Development Permits Issued by the Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 1003.181 Conditional Use Permits. (1) Adult day care centers. (2) Child care centers, nursery schools, and day nurseries. (3) Private, not-for-profit clubs, private, not-for-profit recreational land uses, and community centers. (4) Foster homes for handicapped children. (5) Golf courses which are illuminated and practice driving tees. Miniature golf courses are excluded. (6) Group homes for the handicapped to be occupied by nine (9) or more individuals (excluding supervisory personnel) not related by blood or marriage to the operator or operators of the facility. (7) Group Homes for the Elderly. (8) Group living facilities providing a permanent residence for not more than nine (9) individuals, all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution. (9) Hospitals and hospices. (10) Local public utility facilities over sixty (60) feet in height or over one hundred thousand (100,000) cubic feet in volume. (11) Nursing homes. (12) Police and fire stations (13) Public utility facilities. (14) Retreats owned and operated by religious, educational, or other not-for-profit establishments. (15) Schools, public or private elementary, on a tract of land of at least three (3) acres but less than five (5) acres. (16) Sewage treatment facilities, other than facilities permitted as an accessory use. (17) Specialized private schools. (18) Telecommunication towers up to two hundred (200) feet in height. 4. Accessory Land Uses and Developments. Subject to compliance with the procedures of this section, 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, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Detached above-ground accessory structures shall not cover more than a total of 7% of the lot area. Accessory uses include the following: (1) Devices for the generation of energy, such as solar panels, solar arrays, ground source heat pump systems, wind energy systems, [generators], and similar devices. (2) Individual sewage treatment facilities serving an individual dwelling or non-residential use, as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed 5,000 gallons per day flow. (3) Private stables. (4) Signs (directional and information). Page 21 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... 5. Performance Standards. All uses in the "R-2" Residence District shall operate in conformity with the appropriate performance standards contained in Section 1003.163 Zoning Performance Standard Regulations. 6. Height Limitations for Structures. Other than telecommunication towers, the maximum height of structures in the "R-2" Residence District shall be as set out below: (1) No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three stories or forty-five (45) feet in height, whichever is less. (2) All other structures, other than a public utility tower or a local public utility facility authorized by a Conditional Use Permit, shall not exceed a height of sixty (60) feet 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 1003.161 Air Navigation Space Regulations. 7. Lot Area, Yard, and Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-2" Residence District as well as the maximum density of nursing home self care units shall be as set out below: (1) Minimum Lot Area Requirements: (a) The following Permitted and Conditional Land Uses shall be situated on tracts of land providing not less than the following areas: Use Minimum Area Adult day care center 30,000 sq. ft. Child care center 30,000 sq. ft. Church 3 acres Dwelling, single family 15,000 sq. ft. Group living facilities for 15,000 sq. ft. religious purposes Library 1 acre Group homes for the handicapped 15,000 sq. ft.* Local public utility facilities and telecommunication towers 10,000 sq. ft. Mechanical sewage treatment facility 15,000 sq. ft. Schools nursery or day nursery 15,000 sq. ft. kindergarten (separate) 1 acre elementary (permitted use) 5 acres elementary (conditional use) 3 acres junior high 10 acres senior high 20 acres collegiate 10 acres *Lot size may be smaller if authorized by Section 1003.183 or Section 1003.187 of this ordinance or if lot is a legal lot of record. (b) Any lot or tract of record on the effective date of this ordinance, which contains less than 15,000 sq. ft., may be used as a site for one single family dwelling together with accessory structures and uses. (c) Foster homes for handicapped children, group homes for the elderly, and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a Conditional Use Permit, 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 15,000 square feet. (d) Police and fire stations as approved by the Planning Commission via a Conditional Use Permit 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. (e) Specialized private schools shall be located on a tract of land containing one 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 paragraph 7.(1)(a). (f) Mechanical sewage treatment facilities may be located on tracts of land less than 15,000 square feet in area where the facility is located on platted common land within a subdivision. The minimum lot area, however, shall in no case be less than 10,000 square feet. (g) All other Permitted or Conditional Land Uses in this district shall be situated or conducted on tracts of land at least five acres in area. (2) Creation of New Lots. No new lots shall be created of less than 15,000 square feet in area except for police stations and local public utility facilities. Lots of less than 15,000 sq. ft., 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 15,000 sq. ft., a deed or other legal instrument must be approved by the County Counselor and recorded with the St. Louis County Recorder of Deeds, which guarantees the required transfer of the property in the event the permitted use is terminated. (3) Minimum Yard Requirements: General. (a) Front yard. No structure shall be allowed within twenty-five (25) feet of any roadway right-of-way line. (b) Side yard. No structure shall be allowed within ten (10) feet of any side property line. (c) Rear yard. No structure shall be allowed within fifteen (15) feet of any rear property line. (4) Specific Yard Requirements and Exceptions. (a) Notwithstanding any other provision of this Chapter, on corner lots, 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. (b) Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements. (c) Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback. Page 22 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (d) Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback. (e) Light standards for street lighting 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 of Planning. 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 "R" Residence District. (f) Solar arrays or above ground equipment associated with ground source heat pumps may not be located within the front yard setback. (g) Solar arrays shall be located a minimum of twenty (20) feet from all property lines and other structures. (h) A solar array shall not exceed one half the footprint of the principal structure or 600 feet, whichever is greater. (i) Above ground equipment associated with ground source heat pump stations shall meet the structure setbacks of the underlying zoning district and shall not encroach on any easement or right of-way. (j) In the event that greater than fifty (50) percent of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of 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. (k) If a lot of record existing on the effective date of this ordinance 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 (10) percent of the width of the lot, but in no instances shall such yard be less than five (5) feet in width. (l) 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 additional foot for every foot of height above thirty feet. (m) No private stable shall be allowed within one hundred (100) feet of any property line. Affiliated pasture areas shall be fenced. (n) Notwithstanding any other provisions of this Chapter, no wind energy systems or telecommunication towers shall [not] be closer to a property line of "PS" Park and Scenic District, "NU" Non-Urban District or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a Conditional Use Permit. (o) The turbine and tower of a wind energy system shall remain painted or finished in the color that was originally applied by the manufacturer. Bright, luminescent, or neon colors as determined by the Director of Planning shall be prohibited. (p) The blade tip or vane of any wind energy system shall have a minimum ground clearance of fifteen feet as measured from the lowest point of the arc of the blades. (q) No illumination of or on the turbine or tower shall be allowed unless required by the FAA. (r) Any climbing foot pegs or rungs below twelve feet of a freestanding tower shall be removed to prevent unauthorized climbing. (5) Maximum Density, Maximum Height and Minimum Yard requirements for Nursing Homes: (a) Densities of self care units shall not exceed fifteen (15) units per acre. (b) 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. (c) No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line. 8. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165 Off-Street Parking and Loading Requirements. 9. Sign Regulations. Sign regulations are set forth in Section 1003.168 Sign Regulations. 1003.115 "R-3" Residence District Regulations. – 1. Scope of Provisions. This section contains the district regulations of the "R-3" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this section by reference. 2. Permitted Land Uses and Developments. The following land uses and developments are permitted in this district: (1) Churches. (2) Day care homes licensed under Chapter 819 Title VIII SLCRO 1974, as amended, which are located 500 feet or more, when measured from lot lines, from another day care home as determined by the Director of Planning. (3) Dwellings, single-family. (4) Golf courses, including practice driving tees on the same premises. Miniature golf courses and independent practice driving tees are excluded. (5) Group homes for the handicapped occupied by not more than eight (8) individuals (excluding supervisory personnel) who need not be related by blood or marriage to the operator or operators of the facility. (6) Home occupations. (7) Libraries, public or private not-for-profit. (9) Local public utility facilities sixty (60) feet or less in height or one hundred thousand (100,000) cubic feet in volume or less, provided that any installation, other than poles and equipment attached to the poles, shall be: (a) adequately screened with landscaping, fencing or walls, or any combination thereof, or (b) placed underground, or (c) enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. (9) Parks, parkways, and playgrounds, public or private not- for-profit. (10) Police stations and fire stations. (11) Schools, public or private kindergarten, secondary, and collegiate. (12) Schools, public or private elementary, on a tract of land of at least five (5) acres. (13) Telecommunication towers of forty (40) feet or less in height. 3. Conditional Land Use and Development Permits Issued by the Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 1003.181 Conditional Use Permits: Page 23 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (1) Adult day care centers. (2) Child care centers, nursery schools, and day nurseries. (3) Private, not-for-profit clubs, private, not-for-profit recreational land uses and community centers. (4) Foster homes for handicapped children. (5) Golf courses which are illuminated and practice driving tees. Miniature golf courses are excluded. (6) Group homes for the handicapped to be occupied by nine (9) or more individuals (excluding supervisory personnel) not related by blood or marriage to the operator or operators of the facility. (7) Group Homes for the Elderly. (8) Group living facilities providing a permanent residence for not more than nine (9) individuals, all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution. (9) Hospitals and hospices. (10) Local public utility facilities over sixty (60) feet in height or over one hundred thousand (100,000) cubic feet in volume. (11) Nursing homes. (12) Public utility facilities. (13) Retreats owned and operated by religious, educational, or other not-for- profit establishments. (14) Schools, public or private elementary, on a tract of land of at least three (3) acres but less than five (5) acres. (15) Sewage treatment facilities, other than facilities permitted as an accessory use. (16) Specialized private schools. (17) Telecommunication towers up to two hundred (200) feet in height. 4. Accessory Land Uses and Developments. Subject to compliance with the procedures of this section, 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, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Detached above-ground accessory structures shall not cover more than a total of 7% of the lot area. Accessory uses include the following; (1) Devices for the generation of energy, such as solar panels, solar arrays, ground source heat pump systems wind energy systems, [generators], and similar devices. (2) Individual sewage treatment facilities serving an individual dwelling or non-residential use, as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed 5,000 gallons per day flow. (3) Signs (directional and information). 5. Performance Standards. All uses in the "R-3" Residence District shall operate in conformity with the appropriate performance standards contained in Section 1003.163 Zoning Performance Standard Regulations. 6. Height Limitations for Structures. Other than telecommunication towers, the maximum height of structures in the "R-3" Residence District shall be as set out below: (1) No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three stories or forty-five (45) feet in height, whichever is less. (2) All other structures, other than a public utility tower or a local public utility facility authorized by a Conditional Use Permit, shall not exceed a height of sixty (60) feet 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 1003.161 Air Navigation Space Regulations. 7. Lot Area, Yard, and Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-3" Residence District as well as the maximum density of nursing home self care units shall be as set out below: (1) Minimum Lot Area Requirements: (a) The following permitted and Conditional Land Uses shall be situated on tracts of land providing not less than the following areas: Use Minimum Area Adult day care center 30,000 sq. ft. Child care center 30,000 sq. ft. Church 1 acre Dwelling, single family 10,000 sq. ft. Fire station one half (1/2) acre Group homes for the handicapped 10,000 sq. ft. * Group living facilities for religious purposes 10,000 sq. ft. Library 1 acre Local public utility facilities and telecommunication towers 10,000 sq. ft. Mechanical sewage treatment facility 10,000 sq. ft. Police station 10,000 sq. ft. Schools nursery or day nursery 15,000 sq. ft. kindergarten (separate) 1 acre elementary (permitted use) 5 acres elementary (conditional use) 3 acres junior high 10 acres senior high 20 acres Page 24 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... collegiate 10 acres *Lot size may be smaller if authorized by Section 1003.183 or Section 1003.187 of this ordinance or if lot is a legal lot of record. (b) Any lot or tract of record on the effective date of this ordinance, which contains less than 10,000 sq. ft., may be used as a site for one single family dwelling together with accessory structures and uses. (c) Foster homes for handicapped children, group homes for the elderly, and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a Conditional Use Permit, 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. (d) Specialized private schools shall be located on a tract of land containing one 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 paragraph 7.(1)(a). (e) All other Permitted or Conditional Land Uses in this district shall be situated or conducted on tracts of land at least five acres in area. (2) Minimum Yard Requirements: General. (a) Front yard. No structure shall be allowed within twenty (20) feet of any roadway right-of-way line. (b) Side yard. No structure shall be allowed within eight (8) feet of any side property line. (c) Rear yard. No structure shall be allowed within fifteen (15) feet of any rear property line. (d) Vehicle entrances on garages shall be a minimum of twenty (20) feet from the garage door to the back of any public sidewalk. (3) Specific Yard Requirements and Exceptions. (a) Notwithstanding any other provision of this Chapter, on corner lots, 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. (b) Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements. (c) Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback. (d) Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback. (e) Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are wed within the minimum front yard setback when approved by the Department of Planning. 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 "R" Residence District. (f) Solar arrays or above ground equipment associated with ground source heat pumps may not be located within the front yard setback. (g) Solar arrays shall be located a minimum of twenty (20) feet from all property lines and other structures. (h) A solar array shall not exceed one half the footprint of the principal structure or 600 feet, whichever is greater. (i) Above ground equipment associated with ground source heat pump stations shall meet the structure setbacks of the underlying zoning district and shall not encroach on any easement or right of-way. (j) In the event that greater than fifty (50) percent of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of 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. (k) If a lot of record existing on the effective date of this ordinance 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 (10) percent of the width of the lot, but in no instances shall such yard be less than five (5) feet in width. (l) 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 additional foot for every foot of height above thirty feet. (m) Notwithstanding any other provisions of this Chapter, no wind energy systems or telecommunication towers shall [not] be closer to a property line of "PS" Park and Scenic District, "NU" Non-Urban District or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a Conditional Use Permit. (n) The turbine and tower of a wind energy system shall remain painted or finished in the color that was originally applied by the manufacturer. Bright, luminescent, or neon colors as determined by the Director of Planning shall be prohibited. (o) The blade tip or vane of any wind energy system shall have a minimum ground clearance of fifteen feet as measured from the lowest point of the arc of the blades. (p) No illumination of or on the turbine or tower shall be allowed unless required by the FAA. (q) Any climbing foot pegs or rungs below twelve feet of a freestanding tower shall be removed to prevent unauthorized climbing. (4) Maximum Density, Maximum Height and Minimum Yard Requirements for Nursing Homes: (a) Densities of self care units shall not exceed fifteen (15) units per acre. (b) 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. (c) No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line. 8. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165 Off-Street Parking and Loading Requirements. 9. Sign Regulations. Sign regulations are set forth in Section 1003.168 Sign Regulations. 1003.117 "R-4" Residence District Regulations. – 1. Scope of Provisions. This section contains the district regulations of the "R-4" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this section by reference. 2. Permitted Land Uses and Developments. The following land uses and developments are permitted in this district: (1) Churches. (2) Day care homes licensed under Chapter 819 of Title VIII SLCRO 1974, as amended, which are located 500 feet or more, when measured from lot lines, from another day care home as determined by the Director of Planning. Page 25 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (3) Dwellings, single-family. (4) Group homes for the handicapped occupied by not more than eight (8) individuals (excluding supervisory personnel) who need not be related by blood or marriage to the operator or operators of the facility. (5) Home occupations. (6) Libraries, public or private not- for-profit. (7) Local public utility facilities sixty (60) feet or less in height or one hundred thousand (100,000) cubic feet in volume or less, provided that any installation, other than poles and equipment attached thereto, shall be: (a) adequately screened with landscaping, fencing or walls, or any combination thereof, or (b) placed underground, or (c) enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. (8) Parks, parkways, and playgrounds, public or private not- for-profit. (9) Police stations and fire stations. (10) Schools, public or private kindergarten, secondary, and collegiate. (11) Schools, public or private elementary, on a tract of land of at least five (5) acres. (12) Telecommunication towers of forty (40) feet or less in height. 3. Conditional Land Use and Development Permits Issued by the Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 1003.181 Conditional Use Permits: (1) Adult day care centers. (2) Child care centers, nursery schools, and day nurseries. (3) Private, not-for-profit clubs and private, not-for-profit recreational land uses and community centers (4) Foster homes for handicapped children. (5) Golf courses, including practice driving tees on the same premises. Miniature golf courses are excluded. (6) Group homes for the handicapped to be occupied by nine (9) or more individuals (excluding supervisory personnel) not related by blood or marriage to the operator or operators of the facility. (7) Group Homes for the Elderly. (8) Group living facilities providing a permanent residence for not more than nine (9) individuals, all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution. (9) Hospitals and hospices. (10) Local public utility facilities over sixty (60) feet in height or over one hundred thousand (100,000) cubic feet in volume. (11) Nursing homes. (12) Parking lots, when adjacent to land in a "C" Commercial or "M" Industrial District, and when parking is used with a commercial or industrial development. (13) Public utility facilities. (14) Retreats owned and operated by religious, educational, or other not-for-profit establishments. (15) Schools, public or private elementary, on a tract of land of at least three (3) acres but less than five (5) acres. (16) Sewage treatment facilities, other than facilities permitted as an accessory use. (17) Specialized private schools. (18) Telecommunication towers up to two hundred (200) feet in height. 4. Accessory Land Uses and Developments. Subject to compliance with the procedures of this section, 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, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Detached above-ground accessory structures shall not cover more than a total of 7% of the lot area. Accessory uses include the following: (1) Devices for the generation of energy, such as solar panels, solar arrays, ground source heat pump systems, wind energy systems [generators], and similar devices. (2) Individual sewage treatment facilities serving an individual dwelling or non-residential use, as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed 5,000 gallons per day flow. (3) Signs (directional and information). 5. Performance Standards. All uses in the "R-4" Residence District shall operate in conformity with the appropriate performance standards contained in Section 1003.163 Zoning Performance Standard Regulations. 6. Height Limitations for Structures. Other than telecommunication towers, the maximum height of structures in the "R-4" Residence District shall be as set out below: (1) No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three stories or forty-five (45) feet in height, whichever is less. (2) All other structures, other than a public utility tower or a local public utility facility authorized by a Conditional Use Permit, shall not exceed a height of sixty (60) feet 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 1003.161 Air Navigation Space Regulations. 7. Lot Area, Yard, and Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-4" Residence District as well as the maximum density of nursing home self care units shall be as set out below: (1) Minimum Lot Area Requirements: (a) The following Permitted and Conditional Land Uses shall be situated on tracts of land providing not less than the following areas: Use Minimum Area Adult day care center 30,000 sq. ft. Child care center 30,000 sq. ft. Page 26 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... Church one half (1/2) acre Dwelling, single family 7,500 sq. ft. Fire station one half (1/2) acre Group homes for the handicapped 7,500 sq. ft. * Group living facilities for religious purposes 7,500 sq. ft. Library 1 acre Local public utility facilities and telecommunication towers 7,500 sq. ft. Mechanical sewage treatment facility 10,000 sq. ft. Parking lot 7,500 sq. ft. Police station 10,000 sq. ft. Schools nursery or day nursery 15,000 sq. ft. kindergarten (separate) 1 acre elementary (permitted use) 5 acres elementary (conditional use) 3 acres junior high 10 acres senior high 20 acres collegiate 10 acres *Lot size may be smaller if authorized by Section 1003.183 or Section 1003.187 of this ordinance or if lot is a legal lot of record. (b) Any lot or tract of record on the effective date of this ordinance, which contains less than 7,500 sq. ft., may be used as a site for one single family dwelling together with accessory structures and uses. (c) Foster homes for handicapped children, group homes for the elderly, and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a Conditional Use Permit, 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 7,500 square feet. (d) Specialized private schools shall be located on a tract of land containing one 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 paragraph 7 (l)(a). (e) All other Permitted or Conditional Land Uses in this district shall be situated or conducted on tracts of land at least five acres in area, except as may be clearly indicated otherwise by the context of these regulations. (2) Minimum Yard Requirements: General. (a) Front yard. No structure shall be allowed within twenty (20) feet of any roadway right-of-way line. (b) Side yard. No structure shall be allowed within six (6) feet of any side property line. (c) Rear yard. No structure shall be allowed within fifteen (15) feet of any rear property line. (d) Vehicle entrances on garages shall be a minimum of twenty (20) feet from the garage door to the back of any public sidewalk. (3) Specific Yard Regulations and Exceptions. (a) Notwithstanding any other provision of this Chapter, on corner lots, 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. (b) Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements. (c) Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback. (d) Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback. (e) Light standards for street lighting 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 of Planning. 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 "R" Residence District. (f) Solar arrays or above ground equipment associated with ground source heat pumps may not be located within the front yard setback. (g) Solar arrays shall be located a minimum of twenty (20) feet from all property lines and other structures. (h) A solar array shall not exceed one half the footprint of the principal structure or 600 feet, whichever is greater. (i) Above ground equipment associated with ground source heat pump stations shall meet the structure setbacks of the underlying zoning district and shall not encroach on any easement or right of-way. (j) In the event that greater than fifty (50) percent of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of 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. (k) If a lot of record existing on the effective date of this ordinance 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 (10) percent of the width of the lot, but in no instances shall such yard be less than five (5) feet in width. (l) 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 additional foot for every foot of height above thirty feet. (m) Parking lots for five (5) or more vehicles, loading spaces, or internal drives serving said parking lots or loading spaces, except ingress and egress drives shall be set back a minimum of twenty (20) feet from any roadway right-of-way line and ten (10) feet from any adjoining property in a "PS", "NU", or "R" District. No setback is required from adjoining properties in a "C" or "M" District unless required by the conditions of a Conditional Use Permit. Parking shall be screened from any adjoining property in a "PS", "NU", or "R" District using fences, berms, or landscaping. (n) Notwithstanding any other provisions of this Chapter, no wind energy systems or telecommunication towers shall [not] be closer to a property line of "PS" Park and Scenic District, "NU" Non-Urban District or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a Conditional Use Permit. Page 27 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (o) The turbine and tower of a wind energy system shall remain painted or finished in the color that was originally applied by the manufacturer. Bright, luminescent, or neon colors as determined by the Director of Planning shall be prohibited. (p) The blade tip or vane of any wind energy system shall have a minimum ground clearance of fifteen feet as measured from the lowest point of the arc of the blades. (q) No illumination of or on the turbine or tower shall be allowed unless required by the FAA. (r) Any climbing foot pegs or rungs below twelve feet of a freestanding tower shall be removed to prevent unauthorized climbing. (4) Maximum Density, Maximum Height Requirements for Nursing Homes. (a) Densities of self care units shall not exceed twenty (20) units per acre. (b) 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. (c) No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line. 8. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165 Off-Street Parking and Loading Requirements. 9. Sign Regulations. Sign regulations are set forth in Section 1003.168 Sign Regulations. 1003.119 "R-5" Residence District Regulations. - 1. Scope of Provisions. This section contains the district regulations of the "R-5" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this section by reference. 2. Permitted Land Uses and Developments. The following land uses and developments are permitted in this district: (1) Churches. (2) Day care homes licensed under Chapter 819 of Title VIII SLCRO 1974, as amended, which are located 500 feet or more, when measured from lot lines, from another day care home as determined by the Director of Planning. (3) Dwellings, single family. (4) Dwellings, single family attached. (5) Group homes for the handicapped occupied by not more than eight (8) individuals (excluding supervisory personnel) who need not be related by blood or marriage to the operator or operators of the facility. (6) Home occupations. (7) Libraries, public or private not- for-profit. (8) Local public utility facilities sixty (60) feet or less in height or one hundred thousand (100,000) cubic feet in volume or less, provided that any installation, other than poles and equipment attached to the poles, shall be: (a) adequately screened with landscaping, fencing or walls, or any combination thereof, or (b) placed underground, or (c) enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. (9) Parks, parkways, and playgrounds, public or private not- for-profit. (10) Police stations and fire stations. (11) Schools, public or private kindergarten, secondary, and collegiate. (12) Schools, public or private elementary, on a tract of land of at least five (5) acres. (13) Telecommunication towers of forty (40) feet or less in height. 3. Conditional Land Use and Development Permits Issued by the Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 1003,181 Conditional Use Permits: (1) Adult day care centers. (2) Child care centers, day nurseries, nursery schools and day care homes. (3) Private, not-for-profit clubs, private, not-for-profit recreational land uses, and community centers. (4) Dormitory or group living facilities for religious, educational, or charitable purposes. (5) Foster homes for handicapped children. (6) Golf courses, including practice driving tees on the same premises. Miniature golf courses are excluded. (7) Group homes for the handicapped to be occupied by nine (9) or more individuals (excluding supervisory personnel) not related by blood or marriage to the operator or operators of the facility. (8) Group Homes for the Elderly. (9) Group living facilities providing a permanent residence for not more than nine (9) individuals, all over eighteen years of age and who are ordained or hold a designated religious position with the same religious institution. (10) Hospitals and hospices. (11) Local public utility facilities over sixty (60) feet in height or over one hundred thousand (100,000) cubic feet in volume. (12) Nursing homes. (13) Parking lot, when adjacent to land in a "C" commercial or "M" Industrial District, and when parking is used with a commercial or industrial development. (14) Public utility facilities. (15) Retreats owned and operated by religious, educational, or other not-for-profit establishments. (16) Schools, public or private elementary, on a tract of land of at least three (3) acres but less than five (5) acres. (17) Sewage treatment facilities, other than facilities permitted as an accessory use. (18) Specialized private schools. (19) Telecommunication towers up to two hundred (200) feet in height. Page 28 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... 4. Accessory Land Uses and Developments. Subject to compliance with the procedures of this section, 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, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Detached above-ground structures shall not cover more than a total of 7% of the lot area. Accessory uses include the following: (1) Devices for the generation of energy, such as solar panels, solar arrays, ground source heat pump systems, wind energy systems [generators], and similar devices. (2) Individual sewage treatment facilities serving an individual dwelling or non-residential use, as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed 5,000 gallons per day flow. (3) Signs (directional and information). 5. Performance Standards. All uses in the "R-5" Residence District shall operate in conformity with the appropriate performance standards contained in Section 1003.163 Zoning Performance Standard Regulations. 6. Height Limitations for Structures. Other than telecommunication towers, the maximum height of structures in the "R-5" Residence District shall be as set out below: (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 or a local public utility facility authorized by a Conditional Use Permit, shall not exceed a height of sixty (60) feet 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 1003.161 Air Navigation Space Regulations. 7. Lot Area, Yard, and Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-5" Residence District as well as the maximum density of nursing home self care units shall be as set out below; (1) Minimum Lot Area Requirements: (a) The following Permitted and Conditional Land Uses shall be situated on tracts of land providing not less than the following areas: Use Minimum Area Adult day care center 30,000 sq. ft. Child care center 30,000 sq. ft. Church one-half (1/2) acre Dormitory and group living facilities 3 acres Dwelling, single family 6,000 sq. ft. Dwelling, single family attached 6,000 sq. ft. per unit Fire station one half (1/2) acre Group homes for the handicapped 6,000 sq. ft. * Group living facilities for religious purposes 6,000 sq. ft. Library 1 acre Local public utility facilities and telecommunication towers 6,000 sq. ft. Mechanical sewage treatment facility 10,000 sq. ft. Parking lot 6,000 sq. ft. Police station 10,000 sq. ft. Schools nursery or day nursery 15,000 sq. ft. kindergarten (separate) 1 acre elementary (permitted use) 5 acres elementary (conditional use) 3 acres junior high 10 acres senior high 20 acres collegiate 10 acres *Lot size may be smaller if authorized by Section 1003.183 or Section 1003.187 of this ordinance or if lot is a legal lot of record. (b) Any lot or tract of record on the effective date of this ordinance, which contains less than 6,000 sq. ft., may be used as a site for one single family dwelling together with accessory structures and uses. (c) Foster homes for handicapped children, group homes for the elderly, and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a Conditional Use Permit 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 6,000 square feet. (d) 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 paragraph 7.(1) (a). (e) All other Permitted or Conditional Land Uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area, except as may be clearly indicated otherwise by the context of these regulations. (2) Minimum Yard Requirements: General. (a) Front yard. No structure shall be allowed within twenty (20) feet of any roadway right-of-way line. (b) Side yard. 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. Unattached sides of single family attached dwellings shall be a minimum of six Page 29 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (6) feet from any side property line. Detached garages accessory to unattached single family dwellings shall be a minimum of three (3) feet from any side property line. (c) Rear yard. 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. Unattached sides of single family attached dwellings shall be a minimum of fifteen (15) feet from any rear property line. Detached garages accessory to unattached single family dwellings shall be a minimum of three (3) feet from any rear property line. (d) Vehicle entrances on garages shall be a minimum of twenty (20) feet from the garage door to the back of any public sidewalk. (3) Specific Yard Regulations and Exceptions. (a) Notwithstanding any other provision of this Chapter, on corner lots, 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. (b) Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements. (c) Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback. (d) Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback. (e) Light standards for street lighting 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 of Planning. 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 "R" Residence District. (f) Solar arrays or above ground equipment associated with ground source heat pumps may not be located within the front yard setback. (g) Solar arrays shall be located a minimum of twenty (20) feet from all property lines and other structures. (h) A solar array shall not exceed one half the footprint of the principal structure or 600 feet, whichever is greater. (i) Above ground equipment associated with ground source heat pump stations shall meet the structure setbacks of the underlying zoning district and shall not encroach on any easement or right of-way. (j) In the event that greater than fifty (50) percent of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of 500 feet or to the nearest intersecting street, whichever distance is less, have a front yard setback variation 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. (k) If a lot of record existing on the effective date of this ordinance 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 (10) percent of the width of the lot, but in no instances shall such yard be less than five (5) feet in width. (l) 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 additional foot for every foot of height above thirty feet. (m) Parking lots for five (5) or more vehicles, loading spaces, or internal drives serving said parking lots or loading spaces, except ingress and egress drives shall be set back a minimum of twenty (20) feet from any roadway right-of-way line and ten (10) feet from any adjoining property in a "PS", "NU", or "R" District. No setback is required from adjoining properties in a "C" or "M" District unless required by the conditions of a Conditional Use Permit. Parking shall be screened from any adjoining property in a "PS", "NU", or "R" District using fences, berms, or landscaping. (n) Notwithstanding any other provisions of this Chapter, no wind energy systems or telecommunication towers shall [not] be closer to a property line of "PS" Park and Scenic District, "NU" Non-Urban District or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a Conditional Use Permit. (o) The turbine and tower of a wind energy system shall remain painted or finished in the color that was originally applied by the manufacturer. Bright, luminescent, or neon colors as determined by the Director of Planning shall be prohibited. (p) The blade tip or vane of any wind energy system shall have a minimum ground clearance of fifteen feet as measured from the lowest point of the arc of the blades. (q) No illumination of or on the turbine or tower shall be allowed unless required by the FAA. (r) Any climbing foot pegs or rungs below twelve feet of a freestanding tower shall be removed to prevent unauthorized climbing. (4) Maximum Density, Maximum Height and Minimum Yard Requirements for Nursing Homes: (a) Densities of self care units shall not exceed twenty (20) units per acre. (b) 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. (c) No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line. 8. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165 Off-Street Parking and Loading Requirements. 9. Sign Regulations. Sign regulations are set forth in Section 1003.168 Sign Regulations. 1003.120 "R-6A" Residence District Regulations. - 1. Scope of Provisions. This section contains the district regulations of the "R-6A" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this section by reference. 2. Permitted Land Uses and Developments. The following land uses and developments are permitted in this district: (1) Churches. (2) Day care homes licensed under Chapter 819 of Title VIII SLCRO 1974, as amended, which are located 500 feet or more, when measured from lot lines, from another day care home as determined by the Director of Planning. (3) Dwellings, multiple family, row houses, and other group- house arrangements of attached or detached buildings. (4) Dwellings, single family. (5) Dwelling, three family. (6) Dwellings, two family. (7) Group homes for the handicapped to be occupied by not more than eight (8) individuals (excluding supervisory personnel) who need not be related by blood or marriage to the operator or operators of the facility. (8) Home occupations. Page 30 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (9) Libraries, public or private not-for-profit. (10) Local public utility facilities sixty (60) feet or less in height or one hundred thousand (100,000) cubic feet in volume or less, provided that any installation, other than poles and equipment attached to the poles, shall be: (a) adequately screened with landscaping, fencing or walls, or any combination thereof, or (b) placed underground, or (c) enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. (11) Parks, parkways, and playgrounds, public or private not- for-profit. (12) Police stations and fire stations. (13) Schools, public or private kindergarten, secondary, and collegiate. (14) Schools, public or private elementary, on a tract of land of at least five (5) acres. (15) Telecommunication towers of forty (40) feet or less in height. 3. Conditional Land Use and Development Permits Issued by the Commission, The following land uses and developments may be permitted under conditions and requirements specified in Section 1003.181 Conditional Use Permits: (1) Adult day care centers. (2) Child care centers, nursery schools, and day nurseries (3) Private, not-for-profit clubs, private, not-for-profit recreational land uses, and community centers. (4) Dormitory or group living facilities for religious, educational, or charitable purposes. (5) Foster homes for handicapped children. (6) Golf courses. Miniature golf courses are excluded. (7) Group Homes for the Elderly. (8) Group homes for the handicapped to be occupied by nine (9) or more individuals (excluding supervisory personnel) not related by blood or marriage to the operator or operators of the facility. (9) Group living facilities providing a permanent residence for not more than nine (9) individuals, all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution. (10) Hospitals and hospices. (11) Local public utility facilities over sixty (60) feet in height or over one hundred thousand (100,000) cubic feet in volume. (12) Nursing homes. (13) Parking lot, when adjacent to land in a "C" Commercial or "M" Industrial District, and when parking is used with a commercial or industrial development. (14) Public utility facilities. (15) Retreats owned and operated by religious, educational, or other not-for-profit establishments. (16) Schools, public or private elementary, on a tract of land of at least three (3) acres but less than five (5) acres. (17) Sewage treatment facilities, other than facilities permitted as an accessory use. (18) Specialized private schools. (19) Telecommunication towers up to two hundred (200) feet in height. 4. Accessory Land Uses and Developments. Subject to compliance with the procedures of this section, 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, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Detached above-ground accessory structures shall not cover more than a total of 7% of the lot area. Accessory uses include the following: (1) Devices for the generation of energy, such as solar panels, solar arrays, ground source heat pump systems, wind energy systems[generators], and similar devices. (2) Individual sewage treatment facilities serving an individual dwelling or non-residential use, as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed 5,000 gallons per day flow. (3) Signs (directional and information). 5. Performance Standards. All uses in the "R-6A" Residence District shall operate in conformity with the appropriate performance standards contained in Section 1003.163 Zoning Performance Standard Regulations. 6. Height Limitations for Structures. Other than telecommunication towers, the maximum height of structures in the "R-6A" Residence District shall be as set out below: (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 or a local public utility facility authorized by a Conditional Use Permit, shall not exceed a height of sixty (60) feet 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 1003.161 Air Navigation Space Regulations. 7. Lot Area, Yard, and Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-6A" Residence District as well as the maximum density of nursing home self care units shall be as set out below: (1) Minimum Lot Area Requirements: (a) The following Permitted and Conditional Land Uses shall be situated on tracts of land providing areas not less than those set out below: Use Minimum Area Adult day care center 30,000 sq. ft. Child care center 30,000 sq. ft. Church one-half (1/2) acre Dwelling, single family 4,500 sq. ft. Page 31 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... Dwelling, two family 4,500 sq. ft. per unit Dwelling, three family 4,000 sq. ft. per unit Dwelling, multiple family 4,000 sq. ft. per unit Fire station one half (1/2) acre Group homes for the handicapped 4,500 sq. ft. * Group Living facilities for religious purposes 4,500 sq. ft. Library one half(1/2) acre Local public utility facilities and telecommunication towers 10,000 sq. ft. Mechanical sewage treatment facility 10,000 sq. ft. Parking lot 10,000 sq. ft. Police station 10,000 sq. ft. Schools nursery or day nursery 15,000 sq. ft. kindergarten (separate) 1 acre elementary (permitted use) 5 acres elementary (conditional use) 3 acres junior high 10 acres senior high 20 acres collegiate 10 acres *Lot size may be smaller if authorized by Section 1003.183 or Section 1003.187 of this ordinance or if lot is a legal lot of record. (b) Any lot or tract of record on the effective date of this ordinance, which contains less than 4,500 sq. ft., may be used as a site for one single family dwelling together with accessory structures and uses. (c) Foster homes for handicapped children, group homes for the elderly, and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a Conditional Use Permit 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. (d) 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 paragraph 7 (l)(a). (e) All other Permitted or Conditional Land Uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area. (2) Minimum Yard Requirements. (a) Front yard. No structure shall be allowed within twenty (20) feet of any roadway right-of-way line. (b) Side yard. 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. Detached garages accessory to unattached single family dwellings shall be a minimum of three (3) feet from any side property line. No other structure shall be allowed within ten (10) feet of any side property line. (c) Rear yard. 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. Unattached sides of single family attached dwellings shall be a minimum of fifteen (15) feet from any rear property line. Detached garages accessory to unattached single family dwellings shall be a minimum of three (3) feet from any rear property line. (d) Vehicle entrances on garages shall be a minimum of twenty (20) feet from the garage door to the back of any public sidewalk. (3) Distances between buildings. No wall of any separate (detached) structure, other than a single family dwelling or structures accessory to a single family dwelling, shall be located closer to any wall of another structure than as set out in the following table: WALLS FRONT SIDE REAR WALLS OF DETACHED ACCESSORYBUILDINGS Front 50 ft. plus 30 ft. except 100 ft. 30 ft. additional 10 20 ft. if side ft. for each wall has no story over two windows stories Side 30 ft. except 20 ft. 30 ft. 10 ft. 20 ft. if side wall has no windows Rear 100 ft. 30 ft. 50 ft. 20 ft. Any dimension given 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. (4) Specific Yard Requirements and Exceptions. (a) Notwithstanding any other provision of this Chapter, on corner lots, 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. (b) Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements. (c) Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback. (d) Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback. Page 32 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (e) Light standards for street lighting 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 of Planning. 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 "R" Residence District. (f) Solar arrays or above ground equipment associated with ground source heat pumps may not be located within the front yard setback. (g) Solar arrays shall be located a minimum of twenty (20) feet from all property lines and other structures. (h) A solar array shall not exceed one half the footprint of the principal structure or 600 feet, whichever is greater. (i) Above ground equipment associated with ground source heat pump stations shall meet the structure setbacks of the underlying zoning district and shall not encroach on any easement or right of-way. (j) In the event that greater than fifty (50) percent of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of 500 feet or to the nearest intersecting street, whichever distance is less, have a front yard setback variation 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. (k) If a lot of record existing on the effective date of this ordinance 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 (10) percent of the width of the lot, but in no instances shall such yard be less than five (5) feet in width. (l) 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 additional foot for every foot of height above thirty feet. (m) Parking lots for five (5) or more vehicles, loading spaces, or internal drives serving said parking lots or loading spaces, except ingress and egress drives, shall be set back a minimum of twenty (20) feet from any roadway right-of-way line and ten (10) feet from any adjoining property in a "PS", "NU", or "R" District. No setback is required from adjoining properties, in a "C" or "M" District unless required by the conditions of a Conditional Use Permit. Parking shall be screened from any adjoining property in a "PS", "NU", or "R" District using fences, berms, or landscaping. (n) Notwithstanding any other provisions of this Chapter, no wind energy systems or telecommunication towers shall [not] be closer to a property line of "PS" Park and Scenic District, "NU" Non-Urban District or "R" Residential District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a Conditional Use Permit. (o) The turbine and tower of a wind energy system shall remain painted or finished in the color that was originally applied by the manufacturer. Bright, luminescent, or neon colors as determined by the Director of Planning shall be prohibited. (p) The blade tip or vane of any wind energy system shall have a minimum ground clearance of fifteen feet as measured from the lowest point of the arc of the blades. (q) No illumination of or on the turbine or tower shall be allowed unless required by the FAA. (r) Any climbing foot pegs or rungs below twelve feet of a freestanding tower shall be removed to prevent unauthorized climbing. (5) Maximum Density, Maximum Height Requirements for Nursing Homes: (a) Densities of self care units shall not exceed twenty- five (25) units per acre. (b) 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. (c) No building within a nursing home development shall be allowed within a minimum of thirty (30) feet of any property line. 8. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165 Off-Street Parking and Loading Requirements. 9. Sign Regulations. Sign regulations are set forth in Section 1003.168 Sign Regulations. 1003.120A "R-6AA" Residence District Regulations. – 1. Scope of Provisions. This section contains the district regulations of the "R-6AA" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this section by reference. 2. Permitted Land Uses and Developments. The following land uses and developments are permitted in this district: (1) Churches. (2) Day care homes licensed under Chapter 819 Title VIII SLCRO 1974, as amended, which are located 500 feet or more, when measured from lot lines, from another day care home as determined by the Director of Planning. (3) Dwellings, multiple family, row houses, and other group- house arrangements of attached or detached buildings. (4) Dwellings, single family. (5) Dwelling, three family. (6) Dwellings, two family. (7) Group homes for the handicapped occupied by not more than eight (8) individuals (excluding supervisory personnel) who need not be related by blood or marriage to the operator or operators of the facility. (8) Home occupations. (9) Libraries, public or private not-for-profit. (10) Local public utility facilities sixty (60) feet or less in height or one hundred thousand (100,000) cubic feet in volume or less, provided that any installation, other than poles and equipment attached to the poles, shall be: (a) adequately screened with landscaping, fencing or walls, or any combination thereof, or (b) placed underground, or (c) enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. (11) Parks, parkways, and playgrounds, public or private not- for-profit. (12) Police stations and fire stations. (13) Schools, public or private kindergarten, elementary, secondary, and collegiate. Page 33 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (14) Schools, public or private elementary, on a tract of land of at least three (3) acres but less than five (5) acres. (15) Telecommunication towers of forty (40) feet or less in height. 3. Conditional Land Use and Development Permits Issued by the Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 1003.181 Conditional Use Permits: (1) Adult day care centers. (2) Child care centers, nursery schools, and day nurseries. (3) Private, not-for-profit clubs, private, not-for-profit recreational land uses, and community centers. (4) Dormitory or group living facilities for religious, educational, or charitable purposes. (5) Foster homes for handicapped children. (6) Golf courses. Miniature golf courses are excluded. (7) Group Homes for the Elderly. (8) Group homes for the handicapped to be occupied by nine (9) or more individuals (excluding supervisory personnel) not related by blood or marriage to the operator or operators of the facility. (9) Group living facilities providing a permanent residence for not more than nine (9) individuals, all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution. (10) Hospitals and hospices. (11) Local public utility facilities over sixty (60) feet in height or over one hundred thousand (100,000) cubic feet in volume. (12) Nursing homes. (13) Parking lot, when adjacent to land in a "C" Commercial or "M" Industrial District, and when parking is used with a commercial or industrial development. (14) Public utility facilities. (15) Retreats owned and operated by religious, educational, or other not-for-profit establishments. (16) Schools, public or private elementary, on a tract of land of at least three (3) acres but less than five (5) acres. (17) Sewage treatment facilities, other than facilities permitted as an accessory use. (18) Specialized private schools. (19) Telecommunication towers up to two hundred (200) feet in height. 4. Accessory Land Uses and Developments. Subject to compliance with the procedures of this section, 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, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Detached above-ground accessory structures shall not cover more than a total of 7% of the lot area. Accessory uses include the following: (1) Devices for the generation of energy, such as solar panels, solar arrays, ground source heat pump systems, wind energy systems [generators], and similar devices. (2) Individual sewage treatment facilities serving an individual dwelling or non-residential use, as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed 5,000 gallons per day flow. (3) Signs (directional and information). 5. Performance Standards. All uses in the "R-6AA" Residence District shall operate in conformity with the appropriate performance standards contained in Section 1003.163 Zoning Performance Standard Regulations. 6. Height Limitations for Structures. Other than telecommunication towers, the maximum height of structures in the "R-6AA" Residence District shall be as set out below: (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 or a local public utility facility authorized by a Conditional Use Permit, shall not exceed a height of sixty (60) feet 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 1003.161 Air Navigation Space Regulations. 7. Lot Area, Yard, and Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-6AA" Residence District as well as the maximum density of nursing home self care units shall be as set out below: (1) Minimum Lot Area Requirements: (a) The following Permitted and Conditional Land Uses shall be situated on tracts of land providing areas not less than those set out below: Use Minimum Area Adult day care center 30,000 sq. ft. Child care center 30,000 sq. ft. Church one-half (1/2) acre Dwelling, single family 4,500 sq. ft. Dwelling, two family 4,500 sq. ft. per unit Dwelling, three family 3,500 sq. ft. per unit Dwelling, multiple family 3,000 sq. ft. per unit Fire station one half(1/2) acre Group homes for the handicapped 4,500 sq. ft. * Group living facilities for religious purposes 4,500 sq. ft. Library one half (1/2) acre Local public utility facilities and telecommunication towers 10,000 sq. ft. Mechanical sewage treatment facility 10,000 sq. ft. Page 34 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... Parking lot 10,000 sq. ft. Police station 10,000 sq. ft. Schools nursery or day nursery 15,000 sq. ft. kindergarten (separate) 1 acre elementary (permitted use) 5 acres elementary (conditional use) 3 acres junior high 10 acres senior high 20 acres collegiate 10 acres *Lot size may be smaller if authorized by Section 1003.183 or Section 1003.187 of this ordinance or if lot is a legal lot of record. (b) Any lot or tract of record on the effective date of this ordinance, which contains less than 4,500 sq. ft., may be used as a site for one single family dwelling together with accessory structures and uses. (c) Foster homes for handicapped children, group homes for the elderly, and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a Conditional Use Permit may be established on tracts of land less than three (3) 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. (d) 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 paragraph 7 (l)(a). (e) All other Permitted or Conditional Land Uses in this district shall be situated or conducted on tracts of land at least three (3) acres in area. (2) Minimum Yard Requirements. (a) Front yard. No structure shall be allowed within twenty (20) feet of any roadway right-of-way line. (b) Side yard. 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. Detached garages accessory to unattached single family dwellings shall be a minimum of three (3) feet from any side property line. No other structure shall be allowed within ten (10) feet of any side property line. (c) Rear yard. 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. Unattached sides of single family attached dwellings shall be a minimum of fifteen (15) feet from any rear property line. Detached garages accessory to unattached single family dwellings shall be a minimum of three (3) feet from any rear property line. (d) Vehicle entrances on garages shall be a minimum of twenty (20) feet from the garage door to the back of any public sidewalk. (3) Distances between buildings. No wall of any separate (detached) structure, other than a single family dwelling or structures accessory to a single family dwelling, shall be located closer to any wall of another structure than as set out in the following table: WALLS FRONT SIDE REAR WALLS OF DETACHED ACCESSORYBUILDINGS Front 50 ft. plus 30 ft. except 100 ft. 30 ft. additional 10 20 ft. if side ft. for each wall has no story over two windows stories Side 30 ft. except 20 ft. 30 ft. 10 ft. 20 ft. if side wall has no windows Rear 100 ft. 30 ft. 50 ft. 20 ft. Any dimension given 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. (4) Specific Yard Requirements and Exceptions. (a) Notwithstanding any other provision of this Chapter, on corner lots, 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. (b) Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements. (c) Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback. (d) Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback. (e) Light standards for street lighting 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 of Planning. 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 "R" Residence District. (f) Solar arrays or above ground equipment associated with ground source heat pumps may not be located within the front yard setback. (g) Solar arrays shall be located a minimum of twenty (20) feet from all property lines and other structures. (h) A solar array shall not exceed one half the footprint of the principal structure or 600 feet, whichever is greater. (i) Above ground equipment associated with ground source heat pump stations shall meet the structure setbacks of the underlying zoning district and shall not encroach on any easement or right of-way. (j) In the event that greater than fifty (50) percent of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of 500 feet or to the nearest intersecting street, whichever distance is less, have a front yard setback variation of no more than Page 35 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... 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. (k) If a lot of record existing on the effective date of this ordinance 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 (10) percent of the width of the lot, but in no instances shall such yard be less than five (5) feet in width. (l) 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 additional foot for every foot of height above thirty feet. (m) Parking lots for five (5) or more vehicles, loading spaces, or internal drives serving said parking lots or loading spaces, except ingress and egress drives, shall be set back a minimum of twenty (20) feet from any roadway right-of-way line and ten (10) feet from any adjoining property in a "PS", "NU", or "R" District. No setback is required from adjoining properties, in a "C" or "M" District unless required by the conditions of a Conditional Use Permit. Parking shall be screened from any adjoining property in a "PS", "NU", or "R" District using fences, berms, or landscaping. (n) Notwithstanding any other provisions of this Chapter, no wind energy systems or telecommunication towers shall [not] be closer to a property line of "PS" Park and Scenic District, "NU" Non-Urban District or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a Conditional Use Permit. (o) The turbine and tower of a wind energy system shall remain painted or finished in the color that was originally applied by the manufacturer. Bright, luminescent, or neon colors as determined by the Director of Planning shall be prohibited. (p) The blade tip or vane of any wind energy system shall have a minimum ground clearance of fifteen feet as measured from the lowest point of the arc of the blades. (q) No illumination of or on the turbine or tower shall be allowed unless required by the FAA. (r) Any climbing foot pegs or rungs below twelve feet of a freestanding tower shall be removed to prevent unauthorized climbing. (5) Maximum Density, Maximum Height and Minimum Yard Requirements for Nursing Homes: (a) Densities of self care units shall not exceed twenty- five (25) units per acre. (b) 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. (c) No building within a nursing home development shall be allowed within a minimum of thirty (30) feet of any property line. 8. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165 Off-Street Parking and Loading Requirements. 9. Sign Regulations. Sign regulations are set forth in Section 1003.168 Sign Regulations. 1003.121 "R-6" Residence District Regulations. – 1. Scope of Provisions. This section contains the district regulations of the "R-6" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this section by reference. 2. Permitted Land Uses and Developments. The following land uses and developments are permitted in this district: (1) Churches. (2) Day care homes licensed under Chapter 819 of Title VIII SLCRO 1974, as amended, which are located 500 feet or more, when measured from lot lines, from another day care home as determined by the Director of Planning. (3) Dwellings, multiple family, row houses, and other group- house arrangements of attached or detached buildings. (4) Dwellings, single family. (5) Dwellings, three family. (6) Dwellings, two family. (7) Group homes for the handicapped occupied by not more than eight (8) individuals (excluding supervisory personnel) who need not be related by blood or marriage to the operator or operators of the facility. (8) Home occupations. (9) Libraries, public or private not-for-profit. (10) Local public utility facilities sixty (60) feet or less in height or one hundred thousand (100,000) cubic feet in volume or less, provided that any installation, other than poles and equipment attached to the poles, shall be (a) adequately screened with landscaping, fencing or walls, or any combination thereof, or (b) placed underground, or (c) enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. (11) Parks, parkways, and playgrounds, public or private not- for-profit. (12) Police stations and fire stations. (13) Schools, public or private kindergarten, secondary, and collegiate. (14) Schools, public or private elementary, on a tract of land of at least five (5) acres. (15) Telecommunication towers of forty (40) feet or less in height. 3. Conditional Land Use and Development Permits Issued by the Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 1003.181 Conditional Use Permits: (1) Adult day care centers. (2) Child care centers, nursery schools, and day nurseries. (3) Private, not-for-profit clubs, private, not-for-profit recreational land uses, and community centers. (4) Dormitory or group living facilities for religious, educational, or charitable purposes. (5) Foster homes for handicapped children. Page 36 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (6)Golf courses. Miniature golf courses are excluded. (7) Group Homes for the Elderly. (8) Group homes for the handicapped to be occupied by nine (9) or more individuals (excluding supervisory personnel) not related by blood or marriage to the operator or operators of the facility. (9) Group living facilities providing a permanent residence for not more than nine (9) individuals, all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution. (10) Hospitals and hospices. (11) Local public utility facilities over sixty (60) feet in height or over one hundred thousand (100,000) cubic feet in volume. (12) Mortuaries. (13) Nursing homes. (14) Parking lot, when adjacent to land in a "C" Commercial or "M" Industrial District, and when parking is used with a commercial or industrial development. (15) Public utility facilities. (16) Retreats owned and operated by religious, educational, or other not-for-profit establishments. (17) Schools, public or private elementary, on a tract of land of at least three (3) acres but less than five (5) acres. (18) Sewage treatment facilities, other than facilities permitted as an accessory use. (19) Specialized private schools. (20) Telecommunication towers up to two hundred (200) feet in height. 4. Accessory Land Uses and Developments. Subject to compliance with the procedures of this section, 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, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Detached above-ground accessory structures shall not cover more than a total of 7% of the lot area. Accessory uses include the following: (1) Devices for the generation of energy, such as solar panels, solar arrays, ground source heat pump systems, wind energy systems [generators], and similar devices. (2) Individual sewage treatment facilities serving an individual dwelling or non-residential use, as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed 5,000 gallons per day flow. (3)Signs (directional and information). 5. Performance Standards. All uses in the "R-6" Residence District shall operate in conformity with the appropriate performance standards contained in Section 1003.163 Zoning Performance Standard Regulations. 6. Height Limitations for Structures. Other than telecommunication towers, the maximum height of structures in the "R-6" Residence District shall be as set out below: (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 or a local public utility facility authorized by a Conditional Use Permit, shall not exceed a height of sixty (60) feet 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 1003.161 Air Navigation Space Regulations. 7. Lot Area, Yard, and Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-6" Residence District as well as the maximum density of nursing home self care units shall be as set out below: (1) Minimum Lot Area Requirements. (a) The following Permitted and Conditional Land Uses shall be situated on tracts of land providing not less than the following areas: Use Minimum Area Adult day care center 30,000 sq. ft. Child care center 30,000 sq. ft. Church one half(1/2)acre Dwelling, single family 4,500 sq. ft. Dwelling, two family 2,500 sq. ft. per unit Dwelling, three family 2,000 sq. ft. per unit Dwelling, multiple family 2,000 sq. ft. per unit Fire station one half (1/2) acre Group homes for the handicapped 4,500 sq. ft. * Group living facilities for religious purposes 4,500 sq. ft. Hospitals 5 acres Local public utility facilities and telecommunication towers 8,000 sq. ft. Mechanical sewage treatment facility 10,000 sq. ft. Nursing home 3 acres Parking lot 8,000 sq. ft. Police station 10,000 sq. ft. Schools nursery or day nursery 15,000 sq. ft. kindergarten (separate) 1 acre elementary (permitted use) 5 acres Page 37 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... elementary (conditional use) 3 acres junior high 10 acres senior high 20 acres collegiate 10 acres *Lot size may be smaller if authorized by Section 1003.183 or Section 1003.187 of this ordinance or if lot is a legal lot of record. (b) Any lot or tract of record on the effective date of this ordinance, which contains less than 4,500 sq. ft., may be used as a site for one single family dwelling together with accessory structures and uses. (c) Foster homes for handicapped children, group homes for the elderly and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a Conditional Use Permit may be established on tracts of land less than 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 8,000 square feet. (d) 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 paragraph 7.(1)(a). (e) All other Permitted or Conditional Land Uses in this district shall be situated or conducted on tracts of land at least 12,000 square feet in area, except as may be clearly indicated otherwise by the context of these regulations. (2) Minimum Yard Requirements: General. (a) Front yard. No structure shall be allowed within twenty (20) feet of any roadway right-of-way line. (b) Side yard. 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. Detached garages accessory to unattached single family dwellings shall be a minimum of three (3) feet from any side property line. No other structure shall be allowed within ten (10) feet of any side property line. (c) Rear yard. 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. Unattached sides of single family attached dwellings shall be a minimum of fifteen (15) feet from any rear property line. Detached garages accessory to unattached single family dwellings shall be a minimum of three (3) feet from any rear property line. (d) Vehicle entrances on garages shall be a minimum of twenty (20) feet from the garage door to the back of any public sidewalk. (3) Distances Between Buildings. No wall of any separate (detached) structure, other than a single family dwelling or structures accessory to a single family dwelling, shall be located closer to any wall of another structure than as set out in the following table: WALLS FRONT SIDE REAR WALLS OF DETACHED ACCESSORYBUILDINGS Front 50 ft. plus 30 ft. except 100 ft. 30 ft. additional 10 20 ft. if side ft. for each wall has no story over two windows stories Side 30 ft. except 20 ft. 30 ft. 10 ft. 20 ft. if side wall has no windows Rear 100 ft. 30 ft. 50 ft. 20 ft. Any dimension given 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. (4) Specific Yard Regulations and Exceptions. (a) Notwithstanding any other provision of this Chapter, on corner lots, 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. (b) Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements. (c) Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback. (d) Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback. (e) Light standards for street lighting 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 of Planning. 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 "R" Residence District. (f) Solar arrays or above ground equipment associated with ground source heat pumps may not be located within the front yard setback. (g) Solar arrays shall be located a minimum of twenty (20) feet from all property lines and other structures. (h) A solar array shall not exceed one half the footprint of the principal structure or 600 feet, whichever is greater. (i) Above ground equipment associated with ground source heat pump stations shall meet the structure setbacks of the underlying zoning district and shall not encroach on any easement or right of-way. (j) In the event that greater than fifty (50) percent of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of 500 feet or to the nearest intersecting street, whichever distance is less, have a front yard setback variation 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. (k) If a lot of record existing on the effective date of this ordinance 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 (10) percent of the width of the lot, but in no instances shall such yard be less than five (5) feet in width. Page 38 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (l) 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 additional foot for every foot of height above thirty feet. (m) Parking lots for five (5) or more vehicles, loading spaces, or internal drives serving said parking lots or loading spaces, except ingress and egress drives, shall be set back a minimum of twenty (20) feet from any roadway right-of-way line and ten (10) feet from any adjoining property in a "PS", "NU", or "R" District. No setback is required from adjoining properties, in a "C" or "M" District unless required by the conditions of a Conditional Use Permit. Parking shall be screened from any adjoining property in a "PS", "NU", or "R" District using fences, berms, or landscaping. (n) Notwithstanding any other provisions of this Chapter, no wind energy systems or telecommunication towers shall [not] be closer to a property line of "PS" Park and Scenic District, "NU" Non-Urban District or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a Conditional Use Permit. (o) The turbine and tower of a wind energy system shall remain painted or finished in the color that was originally applied by the manufacturer. Bright, luminescent, or neon colors as determined by the Director of Planning shall be prohibited. (p) The blade tip or vane of any wind energy system shall have a minimum ground clearance of fifteen feet as measured from the lowest point of the arc of the blades. (q) No illumination of or on the turbine or tower shall be allowed unless required by the FAA. (r) Any climbing foot pegs or rungs below twelve feet of a freestanding tower shall be removed to prevent unauthorized climbing. (5) Maximum Density, Maximum Height and Minimum Yard Requirements for Nursing Homes: (a) Densities of self care units shall not exceed thirty (30) units per acre. (b) No building within a nursing home development shall exceed a height of four (4) stories or sixty (60) feet above average ground elevation at the perimeter of the building whichever is less. (c) No building within a nursing home development shall be allowed within a minimum of thirty (30) feet of any property line. 8. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165 Off-Street Parking and Loading Requirements. 9. Sign Regulations. Sign regulations are set forth in Section 1003.168 Sign Regulations. 1003.123 "R-7" Residence District Regulations. - 1. Scope of Provisions. This section contains the district regulations of the "R-7" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this section by reference. 2. Permitted Land Uses and Developments. The following land uses and developments are permitted in this district: (1) Churches. (2) The following Commercial uses are permitted when located within a multiple family structure: barber or beauty shop; child care center; cigar and newspaper stands; food or drug store; laundry or dry cleaning pick-up station or self- service laundry or dry cleaning facility; restaurant. These uses shall, however, meet the following restrictions: (a) they shall occupy no more than five percent of the gross floor area of the structure or if provided in a single structure of a multi-structure development under single ownership, no more than five percent of the total gross floor area of the multiple family structures within the development; (b) no public entrance to such uses is from the outside of the structure; and (c) no displays are visible from the outside of the structure. (3) Day care homes licensed under Chapter 819 of Title VIII SLCRO 1974, as amended, which are located 500 feet or more, when measured from lot lines, from another day care home as determined by the Director of Planning. (4) Dwellings, multiple family, row houses, and other group- house arrangements of attached or detached buildings. (5) Dwellings, single family. (6) Dwellings, three family. (7) Dwellings, two family. (8) Group homes for the handicapped occupied by not more than eight (8) individuals (excluding supervisory personnel) who need not be related by blood or marriage to the operator or operators of the facility. (9) Home occupations. (10) Libraries, public or private not-for-profit. (11) Local public utility facilities sixty (60) feet or less in height or one hundred thousand (100,000) cubic feet in volume or less, provided that any installation, other than poles and equipment attached to the poles, shall be: (a) adequately screened with landscaping, fencing or walls, or any combination thereof, or (b) placed underground, or (c) enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. (12) Parks, parkways, and playgrounds, public or private not- for-profit. (13) Police stations and fire stations. (14) Schools, public or private kindergarten, secondary, and collegiate. (15) Schools, public or private elementary, on a tract of land of at least five (5) acres. (16) Telecommunication towers of forty (40) feet or less in height. 3. Conditional Land Use and Development Permits Issued by the Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 1003.181 Conditional Use Permits: (1) Adult day care centers. (2) Child care centers, nursery schools, and day nurseries. (3) Private, not-for-profit clubs, private, not-for-profit recreational land uses, and community centers. Page 39 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (4)Dormitory or group living facilities for religious, educational, or charitable purposes. (5) Foster homes for handicapped children. (6) Golf courses. Miniature golf courses are excluded. (7) Group Homes for the Elderly. (8) Group homes for the handicapped to be occupied by nine (9) or more individuals (excluding supervisory personnel) not related by blood or marriage to the operator or operators of the facility. (9) Group living facilities providing a permanent residence for not more than nine (9) individuals, all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution. (10) Hospitals and hospices. (11) Local public utility facilities over sixty (60) feet in height or over one hundred thousand (100,000) cubic feet in volume. (12) Mortuaries. (13) Nursing homes. (14) Parking lots, when adjacent to land in a "C" Commercial or "M" Industrial District, and when parking is used with a commercial or industrial development. (15) Public utility facilities. (16) Schools, public or private elementary, on a tract of land of at least three (3) acres but less than five (5) acres. (17) Sewage treatment facilities, other than facilities permitted as an accessory use. (18) Specialized private schools. (19) Telecommunication towers up to two hundred (200) feet in height. 4. Accessory Land Uses and Developments. Subject to compliance with the procedures of this section, 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, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Detached above-ground accessory structures shall not cover more than a total of 7% of the lot area. Accessory uses include the following: (1) Devices for the generation of energy, such as solar panels, solar arrays, ground source heat pump systems, wind energy systems [generators], and similar devices. (2) Individual sewage treatment facilities serving an individual dwelling or non-residential use, as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed 5,000 gallons per day flow. (3) Signs (directional and information). 5. Performance Standards. All uses in the "R-7" Residence District shall operate in conformity with the appropriate performance standards contained in Section 1003.163 Zoning Performance Standard Regulations. 6. Height Limitations for Structures. 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 1003.161 Air Navigation Space Regulations. 7. Lot Area, Yard, and Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-7" Residence District as well as the maximum density of nursing home self care units shall be as set out below: (1) Minimum Lot Area Requirements: (a) The following Permitted and Conditional Land Uses shall be situated on tracts of land providing not less than the following areas: Use Minimum Area Adult day care center 30,000 sq. ft. Child care center 30,000 sq. ft. Church one half (1/2) acre Dwelling, single family 4,500 sq. ft. Dwelling, two family 2,500 sq. ft. per unit Dwelling, three family 2,000 sq. ft. per unit Dwelling, multiple family 1,750 sq. ft. per unit Fire station one half (1/2) acre Group homes for the handicapped 4,500 sq. ft. * Group living facilities for religious purposes 4,500 sq. ft. Hospital 5 acres Local public utility facilities and telecommunication towers 8,000 sq. ft. Mechanical sewage treatment facility 10,000 sq. ft. Nursing home 3 acres Parking lot 8,000 sq. ft. Police station 10,000 sq. ft. Schools nursery or day nursery 15,000 sq. ft. kindergarten (separate) 1 acre elementary (permitted use) 5 acres elementary (conditional use) 3 acres junior high 10 acres senior high 20 acres collegiate 10 acres Page 40 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... *Lot size may be smaller if authorized by Section 1003.183 or Section 1003.187 of this ordinance or if lot is a legal lot of record. (b) Any lot or tract of record on the effective date of this ordinance, which contains less than 4,500 sq. ft., may be used as a site for one single family dwelling together with accessory structures and uses. (c) Foster homes for handicapped children, group homes for the elderly and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a Conditional Use Permit may be established on tracts of land less than 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 8,000 square feet. (d) 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 paragraph 7.(1)(a). (e) All other Permitted or Conditional Land Uses in this district shall be situated or conducted on tracts of land at least 12,000 square feet in area. (2) Minimum Yard Requirements: General. (a) Front yard. No structure shall be allowed within twenty (20) feet of any roadway right-of-way line. (b) Side yard. 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. Detached garages accessory to unattached single family dwellings shall be a minimum of three (3) feet from any side property line. No other structure shall be allowed within ten (10) feet of any side property line. (c) Rear yard. 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. Unattached sides of single family attached dwellings shall be a minimum of fifteen (15) feet from any rear property line. Detached garages accessory to unattached single family dwellings shall be a minimum of three (3) feet from any rear property line. (d) Vehicle entrances on garages shall be a minimum of twenty (20) feet from the garage door to the back of any public sidewalk. (3) Distances between buildings. No wall of any separate (detached) structure, other than a single family dwelling or structures accessory to a single family dwelling, shall be located closer to any wall of another structure than as set out in the following table WALLS FRONT OR REAR SIDE OR END WALLS OF DETACHED ACCESSORY BUILDINGS Front 50 feet plus one 30 feet except 30 feet plus one or foot for each 20 feet if foot for each two Rear two feet of side wall has feet of height height above 45 no windows, above 45 feet for feet for each plus one foot each building building for each three feet of height above 45 feet for each building Side 30 feet except 20 feet plus 10 feet plus one or 20 feet if side one foot for foot for each two End wall has no win- each three feet feet of height dows, plus one of height above above 45 feet foot for each 45 feet for each for each three feet of building building height above 45 feet for each building Any dimension given 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. (4) Specific Yard Regulations and Exceptions. (a) Notwithstanding any other provision of this Chapter, on corner lots, 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. (b) Boundary walls or fences six (6) feet or less in height, are allowed within the minimum yard requirements. (c) Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback. (d) Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback. (e) Light standards for street lighting 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 of Planning. 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 "R" Residence District. (f) Solar arrays or above ground equipment associated with ground source heat pumps may not be located within the front yard setback. (g) Solar arrays shall be located a minimum of twenty (20) feet from all property lines and other structures. (h) A solar array shall not exceed one half the footprint of the principal structure or 600 feet, whichever is greater. (i) Above ground equipment associated with ground source heat pump stations shall meet the structure setbacks of the underlying zoning district and shall not encroach on any easement or right of-way. (j) In the event that greater than fifty (50) percent of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of 500 feet or to the nearest intersecting street, whichever distance is less, have a front yard setback variation 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. Page 41 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (k) If a lot of record existing on the effective date of this ordinance 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 (10) percent of the width of the lot, but in no instances shall such yard be less than five (5) feet in width. (l) Any structure, other than a public utility tower authorized by a Conditional Use Permit, which exceeds forty-five (45) feet in height above the average finished ground elevation at the perimeter of such structure shall be set back from all property lines a distance of one foot for every two feet of height above forty-five (45) feet, in addition to the minimum yard requirements. (m) Parking lots for five (5) or more vehicles, loading spaces, or internal drives serving said parking lots or loading spaces, except ingress and egress drives, shall be set back a minimum of twenty (20) feet from any roadway right-of-way line and ten (10) feet from any adjoining property in a "PS", "NU", or "R" District. No setback is required from adjoining properties, in a "C" or "M" District unless required by the conditions of a Conditional Use Permit. Parking shall be screened from any adjoining property in a "PS", "NU", or "R" District using fences, berms, or landscaping. (n) Notwithstanding any other provisions of this Chapter, no wind energy systems or telecommunication towers shall [not] be closer to a property line of "PS" Park and Scenic District, "NU" Non-Urban District or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a Conditional Use Permit. (o) The turbine and tower of a wind energy system shall remain painted or finished in the color that was originally applied by the manufacturer. Bright, luminescent, or neon colors as determined by the Director of Planning shall be prohibited. (p) The blade tip or vane of any wind energy system shall have a minimum ground clearance of fifteen feet as measured from the lowest point of the arc of the blades. (q) No illumination of or on the turbine or tower shall be allowed unless required by the FAA. (r) Any climbing foot pegs or rungs below twelve feet of a freestanding tower shall be removed to prevent unauthorized climbing. (5) Maximum Density, Maximum Height and Minimum Yard Requirements for Nursing Homes: (a) Densities of self care units shall not exceed thirty- five (35) units per acre. (b) no building within a nursing home development shall exceed a height of two hundred (200) feet above the average ground elevation at the perimeter of the building. (c) No building within a nursing home development shall be allowed within a minimum of twenty (20) feet of any property line. 8. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165 Off-Street Parking and Loading Requirements. 9. Sign Regulations. Sign regulations are set forth in Section 1003.168 Sign Regulations. 1003.125 "R-8" Residence District Regulations. – 1. Scope of Provisions. This section contains the district regulations of the "R-8" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this section by reference. 2. Permitted Land Uses and Developments. The following land uses and developments are permitted in this district: (1) Churches. (2) The following Commercial uses are permitted when located within a multiple family structure: barber or beauty shop; child care center; cigar and newspaper stands; food or drug store; laundry or dry cleaning pick-up station or self- service laundry or dry cleaning facility; restaurant. These uses shall, however, meet the following restrictions: (a) they shall occupy no more than five percent of the gross floor area of the structure or if provided in a single structure of a multi-structure development under single ownership, no more than five percent of the total gross floor area of the multiple family structures within the development; (b) no public entrance to such uses is from the outside of the structure; (c) and no displays are visible from the outside of the structure. (3) Day care homes licensed under Chapter 819 of Title VIII SLCRO 1974, as amended, which are located 500 feet or more, when measured from lot lines, from another day care home as determined by the Director of Planning. (4) Dwellings, multiple family, row houses, and other group- house arrangements of attached or detached buildings. (5) Dwellings, single family. (6) Dwellings, three family. (7) Dwellings, two family. (8) Group homes for the handicapped occupied by not more than eight (8) individuals (excluding supervisory personnel) who need not be related by blood or marriage to the operator or operators of the facility. (9) Home occupations. (10) Libraries, public or private not-for-profit. (11) Local public utility facilities sixty (60) feet or less in height or one hundred thousand (100,000) cubic feet in volume or less, provided that any installation, other than poles and equipment attached to the poles, shall be: (a) adequately screened with landscaping, fencing or walls, or any combination thereof, or (b) placed underground, or (c) enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these said plans have been approved by the Department of Planning. (12) Parks, parkways, and playgrounds, public or private not-for-profit. (13) Police stations and fire stations. (14) Schools, public or private kindergarten, secondary, and collegiate. (15) Schools, public or private elementary, on a tract of land of at least five (5) acres. (16) Telecommunication towers of forty (40) feet or less in height. Page 42 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... 3. Conditional Land Use and Development Permits Issued by the Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 003.181 Conditional Use Permits: (1) Adult day care centers. (2) Child care centers, nursery schools, and day nurseries. (3) Private, not-for-profit clubs, private, not-for-profit recreational land uses, and community centers. (4) Dormitory or group living facilities for religious, educational, or charitable purposes. (5) Foster homes for handicapped children. (6) Golf courses. Miniature golf courses are excluded. (7) Group Homes for the Elderly. (8) Group homes for the handicapped to be occupied by nine (9) or more individuals (excluding supervisory personnel) not related by blood or marriage to the operator or operators of the facility. (9) Group living facilities providing a permanent residence for not more than nine (9) individuals, all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution. (10) Hotels, including customary services for guests. (11) Hospitals and hospices. (12) Local public utility facilities over sixty (60) feet in height or over one hundred thousand (100,000) cubic feet in volume. (13) Mortuaries. (14) Nursing homes. (15) Parking lots, when adjacent to land in a "C" Commercial or "M" Industrial District, and when parking is used with a commercial or industrial development. (16) Public utility facilities. (17) Schools, public or private elementary, on a tract of land of at least three (3) acres but less than five (5) acres. (18) Sewage treatment facilities, other than facilities permitted as an accessory use. (19) Specialized private schools. (20) Telecommunication towers up to two hundred (200) feet in height. 4. Accessory Land Uses and Developments. Subject to compliance with the procedures of this section, 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, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use, Detached above-ground accessory structures shall not cover more than a total of 7% of the lot area. Accessory uses include the following: (1) Devices for the generation of energy, such as solar panels, solar arrays, ground source heat pump systems, wind energy systems [generators], and similar devices. (2) Individual sewage treatment facilities serving an individual dwelling or non-residential use, as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed 5,000 gallons per day flow. (3) Signs (directional and information). 5. Performance Standards. All uses in the "R-8" Residence District shall operate in conformity with the appropriate performance standards contained in Section 1003.163 Zoning Performance Standard Regulations. 6. Height Limitations for Structures. 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 1003.161 Air Navigation Space Regulations. 7. Lot Area, Yard, and Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-8" Residence District as well as the maximum density of nursing home self care units shall be as set out below: (1) Minimum Lot Area Requirements: (a) The following Permitted and Conditional Land Uses shall be situated on tracts of land providing not less than the following areas: Use Minimum Area Adult day care center 30,000 sq. ft. Child care center 30,000 sq. ft. Church one half (1/2) acre Dwelling, single family 4,500 sq. ft. Dwelling, two family 2,500 sq. ft. per unit Dwelling, three family 2,000 sq. ft. per unit Dwelling, multiple family 500 sq. ft. per unit Fire station one half (1/2) acre Group homes for the handicapped 4,500 sq. ft. * Group living facilities for religious purposes 4,500 sq. ft. Hospital 5 acres Local public utility facilities and telecommunication towers 8,000 sq. ft. Mechanical sewage treatment facility 10,000 sq. ft. Nursing home 3 acres Parking lot 8,000 sq. ft. Police station 10,000 sq. ft. Schools nursery or day nursery 15,000 sq. ft. kindergarten (separate) 1 acre elementary (permitted use) 5 acres Page 43 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... elementary (conditional use) 3 acres junior high 10 acres senior high 20 acres collegiate 10 acres *Lot size may be smaller if authorized by Section 1003.183 or Section 1003.187 of this ordinance or if lot is a legal lot of record. (b) Any lot or tract of record on the effective date of this ordinance, which contains less than 4,500 sq. ft., may be used as a site for one single family dwelling together with accessory structures and uses. (c) Foster homes for handicapped children, group homes for the elderly, and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a Conditional Use Permit may be established on tracts of land less than 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 8,000 square feet. (d) 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 paragraph 7.(1)(a). (e) All other Permitted or Conditional Land Uses in this district shall be situated or conducted on tracts of land at least 12,000 square feet in area. (2) Minimum Yard Requirements: General. (a) Front yard. No structure shall be allowed within twenty (20) feet of any roadway right-of-way line. (b) Side yard. 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. Detached garages accessory to unattached single family dwellings shall be a minimum of three (3) feet from any side property line. No other structure shall be allowed within ten (10) feet of any side property line. (c) Rear yard. 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. Unattached sides of single family attached dwellings shall be a minimum of fifteen (15) feet from any rear property line. Detached garages accessory to unattached single family dwellings shall be a minimum of three (3) feet from any rear property line. (d) Vehicle entrances on garages shall be a minimum of twenty (20) feet from the garage door to the back of any public street. (3) Distances Between Buildings. No wall of any separate (detached) structure, other than a single family dwelling or structures accessory to a single family dwelling, shall be located closer to any wall of another structure than as set out in the following table; WALLS FRONT OR REAR SIDE OR END WALLS OF DETACHED ACCESSORY BUILDINGS Front 50 feet plus one 30 feet except 30 feet plus one or foot for each 20 feet if foot for each two Rear two feet of side wall has feet of height height above 45 no windows, above 45 feet for feet for each plus one foot each building building for each three feet of height above 45 feet for each building Side 30 feet except 20 feet plus 10 feet plus one or 20 feet if side one foot for foot for each two End wall has no win- each three feet feet of height dows, plus one of height above above 45 feet foot for each 45 feet for each for each three feet of building building height above 45 feet for each building Any dimension given 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. (4) Specific Yard Regulations and Exceptions. (a) Notwithstanding any other provision of this Chapter, on corner lots, 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. (b) Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements. (c) Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback. (d) Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback. (e) Light standards for street lighting 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 of Planning. 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 "R" Residence District. (f) Solar arrays or above ground equipment associated with ground source heat pumps may not be located within the front yard setback. (g) Solar arrays shall be located a minimum of twenty (20) feet from all property lines and other structures. (h) A solar array shall not exceed one half the footprint of the principal structure or 600 feet, whichever is greater. (i) Above ground equipment associated with ground source heat pump stations shall meet the structure setbacks of the underlying zoning district and shall not encroach on any easement or right of-way. (j) In the event that greater than fifty (50) percent of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of 500 feet or to the nearest intersecting street, whichever distance is less, have a front yard setback variation of no more than Page 44 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... 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. (k) If a lot of record existing on the effective date of this ordinance 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 (10) percent of the width of the lot, but in no instances shall such yard be less than five (5) feet in width. (l) Any structure, other than a public utility tower authorized by a Conditional Use Permit, which exceeds forty-five (45) feet in height above the average finished ground elevation at the perimeter of such structure shall be set back from all property lines a distance of one foot for every two feet of height above forty-five (45) feet, in addition to the minimum yard requirements. (m) Parking lots for five (5) or more vehicles, loading spaces, or internal drives serving said parking lots or loading spaces, except ingress and egress drives, shall be set back a minimum of twenty (20) feet from any roadway right-of-way line and ten (10) feet from any adjoining property in a "PS", "NU", or "R" District. No setback is required from adjoining properties, in a "C" or "M" District unless required by the conditions of a Conditional Use Permit. Parking shall be screened from any adjoining property f n a "PS", "NU", or "R" District using fences, berms, or landscaping. (n) Notwithstanding any other provisions of this Chapter, no wind energy systems or telecommunication towers shall [not] be closer to a property line of "PS" Park and Scenic District, "NU" Non-Urban District or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a Conditional Use Permit. (o) The turbine and tower of a wind energy system shall remain painted or finished in the color that was originally applied by the manufacturer. Bright, luminescent, or neon colors as determined by the Director of Planning shall be prohibited. (p) The blade tip or vane of any wind energy system shall have a minimum ground clearance of fifteen feet as measured from the lowest point of the arc of the blades. (q) No illumination of or on the turbine or tower shall be allowed unless required by the FAA. (r) Any climbing foot pegs or rungs below twelve feet of a freestanding tower shall be removed to prevent unauthorized climbing. (5) Maximum Density and Height Requirements for Nursing Homes: (a) Densities of self care units shall not exceed ninety (90) units per acre. (b) No building within a nursing home development shall exceed a height of two hundred (200) feet above the average ground elevation at the perimeter of the building. 8. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165 Off-Street Parking and Loading Requirements. 9. Sign Regulations. Sign regulations are set forth in Section 1003.168 Sign Regulations. 1003.131 "C-1" Neighborhood Business District Regulations.- 1. Scope of provisions. This section contains the district regulations of the "C-1" Neighborhood Business District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this chapter which are incorporated as part of this section by reference. The "C-1" Neighborhood Business District encompasses areas located within or near residential communities wherein may be located certain limited sales and service facilities that constitute a convenience to residents in the immediate neighborhood. 2. Permitted land uses and developments. The following land uses and developments are permitted in this district: (1) Adult day care centers. (2) Apartment dwelling unit in buildings primarily designated for occupancy by one or more of the commercial uses permitted in this subsection, wherein occupancy of the dwelling unit shall be limited to the owner, manager, or employee of the permitted use or uses and their respective families. A minimum of eight hundred (800) square feet of contiguous open space for the dwelling unit, protectively screened from commercial activities and directly accessible to the dwelling unit, shall be provided on the premises for the exclusive use of the occupants of such apartment. (3) Barbershops and beauty parlors. (4) Child care centers, nursery schools and day nurseries. (5) Dry cleaning drop-off and pick-up stations, not including drive-through facilities. (6) Film drop-off and pick-up stations, not including drive-through facilities. (7) Local public utility facilities, provide that any installation, other than poles and equipment attached to the poles, shall be: (8) adequately screened with landscaping, fencing or walls, or any combination thereof, or (b) placed underground, or (c) enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. (9) Offices and office buildings for accountants, bookkeepers, architects, engineers, planners, financial consultants, income tax preparers, insurance salespersons, lawyers, real estate sales persons, real estate brokers, and real estate appraisers. (10) Police, fire, and postal stations. (11) Service facilities, studios, or work areas for artists, candy makers, dressmakers, tailors, music teachers, dance teachers, typists and stenographers. Goods and services associated with these uses may be sold or provided directly to the public on the premises. (12) Stores and shops in which food stuffs, beverages, pharmaceutical, household supplies, and personal use items are sold directly to the public for consumption elsewhere than on the premises. Drive-through facilities or restaurants are not permitted. (13) Telecommunication towers of forty (40) feet or less in height and Telecommunication towers co-used or disguised support structures of sixty (60) feet in height or less. 3. Conditional land use and development permits issued by the Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 1003.181, "Conditional Use Permits": (1) All permitted land uses and developments set forth in subsection 2 which exceed one story or twenty (20) feet in height, whichever is less, including roof top mechanical equipment attached to a structure. (2) Apartment dwelling unit in buildings primarily designated for occupancy by one or more of the commercial uses allowed by conditional use permits in this subsection, wherein occupancy of the dwelling unit shall be limited to the owner, manager, or employee of the use or uses allowed Page 45 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... by conditional use permit and their respective families. a minimum of eight hundred (800) square feet of contiguous open space for the dwelling unit, protectively screened from commercial activities and directly accessible to the dwelling unit, shall be provided on the premises for the exclusive use of the occupants of such apartment. (3) Financial institutions, not including drive-through facilities. (4) Medical and dental offices. (5) Parking areas, including garages, for automobiles, but not including any sales of automobiles, or the storage of wrecked or otherwise damaged and immobilized automotive vehicles for a period in excess of seventy-two (72) hours. (6) Public utility facilities. (7) Restaurants and shops in which food stuffs or beverages are sold directly to the public for consumption on the premises. Fast food restaurants, drive-through facilities or taverns are not permitted. (8) Sewage treatment facilities, not including individual sewage treatment facilities permitted as an accessory use. (9) Service facilities, studios, or work areas for antique salespersons, craftpersons, including cabinet makers, film processors, fishing tackle and bait shops, and souvenir sales. Goods and services associated with the above may be sold or provided directly to the public on the premises. (10) Telecommunication towers up to two hundred (200) feet in height. 4. Accessory land uses and developments. Subject to compliance with the procedures of this section, 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, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following: (1) Associated work and storage areas required by a business, firm, or service to carry on business operations. (2) Devices for the generation of energy, such as solar panels, solar arrays, ground source heat pump systems, wind energy systems [generators], and similar devices. (3) Dwelling or lodging units, only for watchmen, caretakers, or other personnel whose residence on the premises is essential to the operation of a permitted or conditional use or uses. (4) Individual sewage treatment facilities servicing an individual building or use, as approved by the appropriate regulatory agency. The sewage treatment facility shall not exceed five thousand (5,000) gallons per day flow. (5) Signs (business, directional, and information). 5. Performance standards. All uses in the "C-1" Neighborhood Business District shall operate in conformity with the appropriate performance standards contained in Section 1003.163, "Zoning Performance Standard Regulations." 6. Height limitations for structures. Other than telecommunication towers, the maximum height of structures in this district shall be as follows: (1) Unless otherwise restricted by application of regulations in Section 1003.161, "Air Navigation Space Regulations," the total height of any structure, including roof- top mechanical equipment attached to such structure, shall not exceed one story or twenty (20) feet in height, whichever is less, above the average finished ground elevation at the perimeter of such structure unless authorized by conditional use permit. (2) Unless otherwise restricted by application of regulations in Section 1003.161 "Air Navigation Space Regulations," the total height of any structure authorized by conditional use permit, including roof top mechanical equipment attached to such structure, shall be authorized by specific conditions of the permit, but shall not exceed two (2) stories or thirty (30) feet in height, whichever is less, above the average finished ground elevation at the perimeter of such structure. A public utility tower authorized by conditional use permit may be erected to any height not in conflict with the application of regulations in Section 1003.161, "Air Navigation Space Regulations." 7. Minimum lot area requirements. Every lot or tract of land shall have an area comprising not less than six thousand (6,000) square feet. Sewage treatment facilities, not including individual sewage treatment facilities permitted as an accessory use, shall be situated on tracts of land at least ten thousand (10,000) square feet in area. 8. Development limitations: (1) Not more than thirty (30) percent of the total area of any lot or tract of land in this district shall be covered by structures. (2) The total gross floor area devoted to any single use or contained within any building shall not exceed ten thousand (10,000) square feet. (3) Only one free-standing building shall be permitted on each lot or tract of land. This limitation shall not include buildings used for accessory uses. (4) Not more than one apartment dwelling unit in buildings primarily designated for occupancy by commercial uses shall be permitted on each lot or tract of land. This limitation shall not include dwelling or lodging units permitted as accessory uses. 9. Minimum yard requirements: (1) Front yard; general: No structure is allowed within twenty (20) feet of any roadway right-of way line. (2) Front yard; specific regulations and exceptions: (a) notwithstanding any other provision of this chapter, on corner lots, 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. (b) When the minimum front yard setback of one or more "R" Residence District zoned properties adjoining either side of a lot in this district is greater than twenty (20) feet, the required minimum front yard setback shall be the same as the most restrictive adjoining "R" Residence District. (c) Boundary walls or fences, six (6) feet in height or less, are allowed within the minimum front yard setback. (d) Permitted information signs, six (6) feet in height or less, are allowed within the minimum front yard setback. (e) Permitted directional signs, three (3) feet in height or less, are allowed within the minimum front yard setback. (f) Light standards for parking lot lighting are allowed no closer than fifteen (15) feet from any roadway right-of-way line. (g) Light standards for street lighting or at points of ingress and egress are allowed within the minimum front yard setback when approved by the Department of Planning. (3) Side and rear yards; general: No structure is allowed within fifteen (15) feet of a property line adjoining property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District. (4) Side and rear yards; specific regulations and exceptions: Page 46 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (a) Any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District, other than a public utility tower authorized by a conditional use permit, must be set back from such property line an additional one (1) foot for every two (2) feet in height above thirty (30) feet. (b) Boundary walls or fences, six (6) feet in height or less, are permitted within the minimum side and rear yard setbacks required from property in the "NU" Non- Urban, "PS" Park and Scenic, or any "R" Residence District. (c) 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 "R" Residence District. (d) Notwithstanding any other provisions of this Chapter, telecommunication towers shall not be closer to any "PS" Park and Scenic District, "NU" Non-Urban District, or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a Conditional Use Permit. 10. Off-street parking and loading requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165, "Off-Street Parking and Loading Requirements." 11. Sign regulations. Sign regulations are set forth in Section 1003.168, "Sign Regulations." 1003.133 “C-2” Shopping District Regulations. 1. Scope of Provisions. This section contains the district regulations of the "C-2" Shopping District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference. The "C-2" Shopping District encompasses areas wherein may be located such stores and service facilities as will provide a wide range of goods and services usually used, consumed, or needed in the home or by individuals. It is the purpose of these regulations to facilitate the establishment of conditions suitable for the operation of small businesses catering to the general public. 2. Permitted Land Uses and Developments. The following land uses and developments are permitted in this district: (1) Adult day care centers (2) Auditoriums and other facilities for public assembly. (3) Child care centers, nursery schools and day nurseries. (4) Churches. (5) Clubs, lodges, and meeting rooms. (6) Financial institutions. (7) Libraries and reading rooms. (8) Local public utility facilities, provided that any installation, other than poles and equipment attached to the poles, shall be: (a) adequately screened with landscaping, fencing or walls, or any combination thereof, or (b) placed underground, or (c) enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. (9) Medical and dental offices. (10) Mortuaries. (11) Offices or office buildings. (12) Package liquor stores that are located 1,000 feet or more when measured from the nearest property line, to the nearest property line of another package liquor store. (13) Parking areas, including garages, for automobiles, but not including any sales of automobiles, or the storage of wrecked or otherwise damaged and immobilized automotive vehicles for a period in excess of seventy-two (72) hours. (14) Pet day care facilities. (15) Police, fire, and postal stations. (16) Recreational facilities, including indoor theaters, but not including drive-in theaters, golf practice driving ranges, and outdoor swimming pools. (17) Restaurants, including banquet facilities, and fast food restaurants except those which provide drive-through service or those which constitute the only use in a freestanding building. (18) Fast food restaurants selling only ice cream products, yogurt, or similar dairy dessert products, and soft drinks. (19) Schools for business, professional, or technical training, but not including outdoor areas for driving or heavy equipment training. (20) Stores, shops, markets, service facilities, and automatic vending facilities in which goods or services of any kind are offered for sale or hire to the general public within the interior of any authorized building or structure located on the premises, or as otherwise permitted under Section 1003.167 Miscellaneous Regulations. (21) Telecommunication towers up to one hundred (100) feet in height and co-used telecommunication towers or disguised support structures of one hundred twenty (120) feet or less in height. 3. Conditional Land Use and Development Permits Issued by the Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 1003.181 Conditional Use Permits. (1) All Permitted Land Uses and Developments set forth in Subsection 2 which exceed two (2) stories or forty (40) feet in height, whichever is less, including roof top mechanical equipment attached to a structure. (2) Amusement parks for children. (3) Animal hospitals and veterinary clinics, not including open kennels and exercise yards. (4) Apartment dwelling units in buildings primarily designated for occupancy by commercial purposes. A minimum of eight hundred (800) square feet of contiguous open space per dwelling unit, protectively screened from commercial activities and directly accessible to the dwelling units, shall be provided on the premises for the exclusive use of the occupants of such apartments. (5) Automatic Teller Machines (ATM), freestanding. (6) Car washes for automobiles. (7) Fast food restaurants excluded as a Permitted Use in this Zoning District. Page 47 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (8) Filling stations for automobiles. [(9) Financial institutions with drive-through facilities.] (9) Highway Department garages. (10) Hospitals. (11) Hotels, including customary services for guests. (12) Nightclub. (13) Outdoor sales, when no other related sales by the permitted primary use are occurring on site. (14) Package liquor stores that are located less than 1,000 feet, when measured from the nearest property line, to the nearest property line of another package liquor store. (15) Pawn shops. (16) Pet care facility, including overnight boarding. (17) Pool and billiard halls. (18) Public utility facilities. (19) Sewage treatment facilities, not including individual sewage treatment facilities permitted as an accessory use. (20) Signs, (advertising). (21) Small loan businesses located at least one mile (5,280 linear feet) from any existing small loan business and three hundred (300) feet from any residence, school or place of worship as such distances are determined by the Director of Planning. (22) Tattoo parlors. (23) Telecommunication towers up to two hundred (200) feet in height. (24) Thrift stores. (25) Vehicle service centers for automobiles. (26) Vehicle repair facilities for automobiles. 4. Accessory Land Uses and Developments. Subject to compliance with the procedures of this section, 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, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following: (1) Associated work and storage areas required by any business firm, or service to carry on business operations. (2) Devices for the generation of energy, such as solar panels, solar arrays, ground source heat pump systems, wind energy systems [generators], and similar devices. (3) Dwelling or lodging units, only for watchmen, caretakers, or other personnel whose residence on the premises is essential to the operation of a permitted or conditional use or uses. (4) Individual sewage treatment facilities serving an individual building or use, as approved by the appropriate regulatory agency. The sewage treatment facility shall not exceed 5,000 gallons per day flow. (5) Outdoor sales. (6) Signs (business, directional, information, and portable or temporary). 5. Performance Standards. All uses in the "C-2" Shopping District shall operate in conformity with the appropriate performance standards contained in Section 1003.163 Zoning Performance Standard Regulations. 6. Height Limitations for Structures. Other than telecommunication towers, the maximum height of structures in this district shall be as follows: (1) Unless otherwise restricted by application of regulations in Section 1003.161 Air Navigation Space Regulations, the total height of any structure, including roof top mechanical equipment attached to such structure, shall not exceed two (2) stories or forty (40) feet in height, whichever is less, above the average finished ground elevation at the perimeter of such structure unless authorized by Conditional Use Permit. (2) Total height of any structure authorized by Conditional Use Permit shall be authorized by specific conditions of the permit; except that the height of structures may be further restricted as provided in Section 1003.161 Air Navigation Space Regulations. 7. Minimum Lot Area Requirements. (1) Every lot or tract of land shall have an area comprising not less than 12,000 square feet. (2) Churches shall be situated on tracts of land at least one- half (1/2) acre in area. (3) Hospitals shall be situated on tracts of land at least five (5) acres in area. (4) Any lot or tract of record on the effective date of this ordinance, which contains less area than herein specified, may be used as a site for only one use listed in Subsection 2, together with related parking areas and Accessory Uses and Developments. In addition, an outdoor advertising sign may be authorized on such a lot by Conditional Use Permit. 8. Development Limitations. (1) Not more than twenty-five (25) percent of the total area of any lot or tract of land in this district shall be covered by structures. (2) The total gross floor area devoted to any one business, firm, or service shall not exceed 30,000 square feet. (3) The capacity of auditoriums, churches, clubs, lodges, meeting rooms, libraries, reading rooms, theaters or any other facility for public assembly shall not exceed 1,000 persons. 9. Minimum Yard Requirements. (1) Front Yard: General. No structure is allowed within fifteen (15) feet of any roadway right-of-way line. (2) Front Yard: Specific Regulations and Exceptions. (a) Notwithstanding any other provision of this Chapter, on corner lots, 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. (b) Boundary walls or fences, six (6) feet in height or less, are allowed within the minimum front yard setback. (c) Permitted information signs, six (6) feet in height or less, are allowed within the minimum front yard setback. (d) Permitted directional signs, three (3) feet in height or less, are allowed within the minimum front yard setback. Page 48 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (e) Light standards for street lighting 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 of Planning. (4) Side and Rear Yards: General. No structure is allowed within fifteen (15) feet of a property line adjoining property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District. (5) Side and Rear Yards: Specific Regulations and Exceptions. (a) Any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District, other than a public utility tower authorized by a Conditional Use Permit, must be set back from such property line an additional one (1) foot for every two (2) feet in height above thirty (30) feet. (b) Boundary walls or fences, six (6) feet in height or less, are permitted within the minimum side and rear yard setbacks required from property in the "NU" Non- Urban, "PS" Park and Scenic, or any "R" Residence District. (c) 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 "R" Residence District. (d) Notwithstanding any other provisions of this Chapter, telecommunication towers shall not be closer to a "PS" Park and Scenic District, "NU" Non-Urban District or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a Conditional Use Permit. 10. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165 Off-Street Parking and Loading Requirements. 11. Sign Regulations. Sign regulations are set forth in Section 1003.168 Sign Regulations. 1003.135 "C-3" Shopping District Regulations. 1. Scope of provisions. This section contains the district regulations of the "C-3" Shopping District. These regulations are supplemented and qualified by addition general regulations appearing elsewhere in this chapter which are incorporated as part of this section by reference. The "C-3" Shopping District encompasses areas wherein may be located such stores and service facilities as will provide a wide range of goods and services usually used, consumed, or needed in the home or by individuals. It is the purpose of these regulations to facilitate the establishment of conditions suitable for the operation of businesses catering to the general public. 2. Permitted land uses and developments. The following land uses and developments are permitted in this district: (1) Adult day care centers. (2) Auditoriums and other facilities for public assembly. (3) Car washes for automobiles. (4) Child care centers, nursery schools and day nurseries. (5) Churches. (6) Clubs, lodges, and meeting rooms. (7) Filling stations for automobiles. (8) Financial institutions. (9) Libraries and reading rooms. (10) Local public utility facilities, provided that any installation, other than poles and equipment attached to the poles, shall be: (a) adequately screened with landscaping, fencing or walls, or any combination thereof, or (b) placed underground, or (c) enclosed in a structure in such a manner so as to blend with and complement the charter of the surrounding area. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. (11) Medical and dental offices. (12) Mortuaries. (13) Nightclubs. (14) Offices or office buildings. (15) Package liquor stores that are located 1,000 feet or more, when measured from nearest property line, to nearest property line of another package liquor store. (16) Parking areas, including garages, for automobiles, but not including any outdoor sales of automobiles, or the storage of wrecked or otherwise damage and immobilized automotive vehicles for a period in excess of seventy-two (72) hours. (17) Pet care facility. (18) Police, fire, and postal stations. (19) Recreational facilities, including indoor theaters, but not including drive-in theaters, golf practice driving ranges, and outdoor swimming pools. (20) Restaurants, including banquet facilities. (21) Schools for business, professional, or technical training, but not including outdoor areas for driving or heavy equipment training. (22) Stores, shops, markets, service facilities, and automatic vending facilities in which goods or services of any kind, including indoor sale of motor vehicles, are to be offered for sale or hire to the general public within the interior of any authorized building or structure on the premises, or as otherwise permitted under Section 1003.167 Miscellaneous Regulations. (23) Telecommunication towers up to one hundred (100) feet in height and co-used telecommunication towers or disguised support structures of one hundred twenty (120) feet in height or less. 3. Conditional land use and development permits issued by the Commission. The following land uses and developments may be permitted under conditions and regulations specified in Section 1003.181, "Conditional Use Permits": (1) Amusement parks for children. (2) Animal hospitals and veterinary clinics, not including open kennels and exercise yards. (3) Apartment dwelling units in buildings primarily designated for occupancy by commercial purposes. A minimum of eight hundred (800) square feet of contiguous open space per dwelling unit, protectively screened from commercial activities and directly accessible to the dwelling units, shall be provided on the premises for the exclusive use of the occupants of such apartments. Page 49 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (4) Auditoriums, churches, clubs, lodges, meeting rooms, theaters or any other facility for public assembly with capacity for over one thousand five hundred (1,500) persons. (5) Automatic Teller Machines (ATM), freestanding. (6) Highway Department garages. (7) Hospitals. (8) Hotels, including swimming pools and customary services for guests. (9) Outdoor sales, when no other related sales by the permitted primary use are occurring on site. (10) Outdoor swimming pools. (11) Package liquor stores that are located within 1,000 feet or less, when measured from nearest property line, to nearest property line from another package liquor store as determined by the Director of Planning. (12) Pawn shops. (13) Pool and billiard halls. (14) Public utility facilities. (15) Sewage treatment facilities, not including individual sewage treatment facilities permitted as an accessory use. (16) Signs, (advertising). (17) Small loan businesses located at least one mile (5,280 linear feet) from any existing small loan business and three hundred (300) feet from any residence, school or place of worship as such distances are determined by the Director of Planning. (18) Tattoo parlors. (19) Telecommunication towers up to two hundred (200) feet in height. (20) Thrift stores. (21) Vehicle service centers for automobiles. (22) Vehicle repair facilities for automobiles. 4. Accessory land uses and developments. Subject to compliance with the procedures of this section, 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 buildings, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following: (1) Associated work and storage areas required by any business, firm, or service to carry on business operations. (2) Devices for the generation of energy, such as solar panels, solar arrays, ground source heat pump systems, wind energy systems [generators], and similar devices. (3) Dwelling or lodging units, only for watchmen, caretakers, or other personnel whose residence on the premises is essential to the operation of a permitted or conditional use or uses. (4) Individual sewage treatment facilities serving an individual building or use, as approved by the appropriate regulatory agency. The sewage treatment facility shall not exceed five thousand (5,000) gallons per day flow. (5) Outdoor sales. (6) Signs (business, directional, information, portable or temporary). 5. Performance standards. All uses in the "C-3" Shopping District shall operate in conformity with the appropriate performance standards contained in Section 1003.163, "Zoning Performance Standard Regulations." 6. Height limitations for structures. Other than telecommunication towers and unless otherwise restricted by application of regulations in Section 1003.161, "Air Navigation Space Regulations," the total height of any structure, not including roof top mechanical equipment attached to such structure, shall not exceed two hundred (200) feet above the average finished ground elevation at the perimeter of such structures. A public utility tower authorized by conditional use permit may be erected to any height not in conflict with the application of regulations in Section 1003.161, "Air Navigation Space Regulations." 7. Minimum lot area requirements: (1) Every lot or tract of land shall have an area comprising not less than twelve thousand (12,000) square feet. (2) Advertising signs shall be situated on separate lots containing not less than twelve thousand (12,000) square feet; said lot shall contain no other use. (3) Churches shall be situated on tracts of land at least one- half acre in area. (4) Hospitals shall be situated on tracts of land at least five (5) acres in area. (5) Any lot or tract of record on the effective date of this ordinance, which contains less area than herein specified, may be used as a site for only one use listed in subsection 2 together with related parking areas and accessory land uses and developments. 8. Development limitations: (1) No more than twenty-five (25) percent of the total area of any lot or tract of land in this district shall be covered by structures. (2) Unless authorized by conditional use permit, the capacity of auditoriums, churches, clubs, lodges, meeting rooms, libraries, reading rooms, theaters, or any other facility for public assembly shall not exceed one thousand five hundred (1,500) persons. 9. Minimum yard requirements: (1) Front yard; general: No structure is allowed within fifteen (15) feet of any roadway right-of-way line. (2) Front yard; specific regulations and exceptions: (a) Notwithstanding any other provision of this chapter, on corner lots, no structures or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sign distance triangle. (b) Boundary walls or fences, six (6) feet in height or less, are allowed within the minimum front yard setback. (c) Permitted information signs, six (6) feet in height or less, are allowed within the minimum front yard setback. (d) Permitted directional signs, three (3) feet in height or less, are allowed within the minimum front yard setback. (e) Light standards for street lighting 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 of Planning. (3) Side and rear yards; general: No structure is allowed within fifteen (15) feet of a property line adjoining property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District. Page 50 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (4) Side and rear yards; specific regulations and exceptions: (a) Any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District, other than a public utility tower authorized by a conditional use permit, must be set back from such property line an additional one foot for every two (2) feet in height above thirty (30) feet. (b) Boundary walls or fences, six (6) feet in height or less, are permitted within the minimum side and rear yard setbacks required from property in the "NU" Non- Urban, "PS" Park and Scenic, or any "R" Residence District. (c) 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 "R" Residence District. (5) Notwithstanding any other provisions of this Chapter, telecommunication towers shall not be closer to a "PS" Park and Scenic District, "NU" Non-Urban District or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a Conditional Use Permit. 10. Off-street parking and loading requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives, are set forth in Section 1003.165, "Off-Street Parking and Loading Requirements." 11. Sign regulations. Sign regulations are set forth in Section 1003.168, "Sign Regulations." 1003.137 "C-4" Highway Service Commercial District Regulations. 1. Scope of Provisions. This section contains the district regulations of the "C-4" Highway Service Commercial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference. The "C-4" Highway Service Commercial District encompasses areas adjacent to major or arterial highways wherein certain commercial activities are regulated in such a manner that will reduce conflicts, congestion and other hazards related to high volume and high-speed traffic on the highways. It is the purpose of these regulations to encourage the establishment of certain highway service commercial activities while prohibiting those uses which provide no important service to highway users. 2. Permitted Land Uses and Developments. The following land uses and developments are permitted in this district: (1) Automatic vending facilities for (a) ice and solid carbon dioxide (dry ice); (b) beverages; (c) confections. (2) Filling stations, including emergency towing and repair services, provided that no automobile, truck, or other vehicle may be parked or stored in the open on the premises for longer than twenty-four (24) hours. A convenience store, limited in size to 5,000 square feet of gross floor area, may be permitted in conjunction with such filling station. (3) Hotels and motels. (4) Local public utility facilities, provided that any installation, other than poles and equipment attached to the poles, shall be: (a) adequately screened with landscaping, fencing or walls, or any combination thereof, or (b) placed underground, or (c) enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. (5) Offices or office buildings. (6) Parking areas, including garages, but not including the outdoor storage of wrecked or otherwise damaged or immobilized vehicles for a period in excess of seventy-two (72) hours. (7) Police, fire, and postal stations. (8) Restaurants, including banquet facilities. (9) Sales, rental, and leasing of new and used vehicles, including automobiles, trucks, trailers, construction equipment, agricultural equipment, and boats, as well as associated repairs and necessary outdoor storage of said vehicles. (10) Signs (advertising). (11) Vehicle service centers. (12) Telecommunication towers up to one hundred (100) feet in height and co-used telecommunication towers or disguised support structures of one hundred twenty (120) feet in height or less. (13) Vehicle repair facilities. (14) Vehicle washing facilities. 3. Conditional Land Use and Development Permits issued by the Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 1003.181 Conditional Use Permits. (1) Fishing tackle and bait shops. Open storage and display are prohibited. (2) Highway Department garages. (3) Public utility facilities. (4) Sewage treatment facilities, not including individual sewage treatment facilities permitted as an accessory use. Page 51 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... Souvenir shops and stands, not including any zoological displays, or permanent open storage and display of manufacturing goods. (6) Storage and repair garages for public mass transit vehicles. (7) Telecommunication towers up to two hundred (200) feet in height. (8) Terminals for buses and other public mass transit vehicles. (9) Towed vehicle storage yards, wherein no individual vehicle may be stored for a period exceeding ninety (90) days and involving no auto repair and no salvage or sale of automobile parts. A ten (10) foot high sight-proof fence shall be provided along all limits of the property. 4. Accessory Land Uses and Developments. Subject to compliance with the procedures of this section, 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, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following: (1) Devices for the generation of energy, such as solar panels, solar arrays, ground source heat pump systems, wind energy systems [generators], and similar devices. (2) Dwelling or lodging units, only for watchmen, caretakers, or other personnel whose residence on the premises is essential to the operation of a permitted or conditional use or uses. (3) Individual sewage treatment facilities serving an individual building or use, as approved by the appropriate regulatory agency. The sewage treatment facility shall not exceed 5,000 gallons per day flow. (4) Signs (business, directional, and information). 5. Performance Standards. All uses in the "C-4" Highway Service Commercial District shall operate in conformity with the appropriate performance standards contained in Section 1003.163 Zoning Performance Standard Regulations. 6. Height Limitations for Structures. Other than telecommunication towers, the maximum height of structures in this District shall be as follows: A public utility tower authorized by Conditional Use Permit may be erected to any height not in conflict with the application of regulations in Section 1003.161 Air Navigation Space Regulations. Hotels shall not exceed forty-five (45) feet in height above the average finished ground elevation at the perimeter of such structure. The total height of any other structure, not including roof top mechanical equipment attached to such structure, shall not exceed thirty (30) feet in height above the average finished ground elevation at the perimeter of such structure. 7. Lot Area and Lot Dimension. The lot area and lot dimension requirements for land uses and developments in this district shall be as follows: (1) Minimum Lot Area. (a) Parcels containing a business engaged in either the sales, rental, or leasing of new and used vehicles, including automobiles, trucks, trailers, construction equipment, agricultural equipment, and boats, shall be situated on tracts of land at least one (1) acre in area. (b) Towed vehicle storage yards shall be situated on tracts of land at least one (1) acre in area. (c) Sewage treatment facilities, not including individual sewage treatment facilities permitted as an accessory use, shall be situated on tracts of land at least 10,000 square feet in area. (d) All other uses shall be situated on lots sufficient to meet other requirements of this Section. (2) Minimum Lot Dimension Requirements. Every lot, tract or parcel of land utilized for any purpose permitted in this district shall have a roadway frontage of not less than 200 feet if fronting on a two lane road or 300 feet if fronting on a four lane road. Such frontage requirement shall be necessary on only one roadway which provides direct access to the lot, tract or parcel of land. Any lot or tract of record on the effective date of this ordinance which is less than the required width may be used as a site for only one use listed in Subsection 2 together with related parking areas, signs, and Accessory Uses and Developments. 8. Minimum Yard Requirements. (1) Front Yard: General. No structure is allowed within fifty (50) feet of any roadway right- of-way line. (2) Front Yard: Specific Regulations and Exceptions. (a) Notwithstanding any other provision of this Chapter, on corner lots, 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. (b) Boundary walls or fences, six (6) feet in height or less, are allowed within the minimum front yard setback. (c) Permitted information signs, six (6) feet in height or less, are allowed within the minimum front yard setback. (d) Permitted directional signs, three (3) feet in height or less, are allowed within the minimum front yard setback. (e) Light standards for parking lot lighting, filling station pumps and free standing business signs are allowed no closer than twenty-five (25) feet from any roadway right- of-way line. Page 52 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (f) Filling station canopies are allowed no closer than fifteen (15) feet from any roadway right-of-way line. (g) Light standards for street lighting or at points of ingress or egress are allowed within the minimum front yard setback when approved by the Department of Planning. (h) Required fencing for towed vehicle storage yards is allowed no closer than twenty-five (25) feet from any roadway right-of-way line. This setback shall be adequately landscaped as approved on a plan by the Department of Planning. (i) Any area used for outdoor storage or display of merchandise, equipment, or vehicles which is located opposite and visible from property in the 'NU" Non- Urban, "PS" Park and Scenic, or any "R" Residence District shall be effectively screened by a five (5) foot high sight-proof fence if determined necessary and required by the Department of Planning on review of a site plan for such use. The Department of Planning may approve the use of topographic features, landscaping, or walls in lieu of fencing where such alternates are determined to be appropriate. (3) Side and Rear Yards: General. No structure, or any storage or display of merchandise, equipment, or vehicles is allowed within twenty (20) feet of a property line adjoining property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District. (4) Side and Rear Yards: Specific Regulations and Exceptions. (a) Any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non- Urban, "PS" Park and Scenic, or any "R" Residence District, other than a public utility tower authorized by a Conditional Use Permit, must be set back from such property line an additional one (1) foot for every two (2) feet in height above thirty (30) feet. (b) Any area used for the outdoor storage or display of merchandise, equipment, or vehicles which adjoins property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District shall be effectively screened by a five (5) foot high sight-proof fence located no closer than ten (10) feet from said adjoining property line. The setback shall be adequately landscaped as approved on a plan by the Department of Planning. When requested by the property owner, the Department of Planning may approve the use of topographic features, landscaping, or walls in lieu of fencing where such alternates will achieve comparable effect. (c) Required fencing for towed vehicle storage yards shall be located no closer than twenty (20) feet from any adjoining property line. These setbacks shall be adequately landscaped as approved on a plan by the Department of Planning. (d) All other boundary walls or fences six (6) feet in height or less, are permitted within the minimum side and rear yard setbacks required from property in the "NU" Non- Urban, "PS" Park and Scenic, or any "R" Residence District. (e) 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 "R" Residence District. (5) Notwithstanding any other provisions of this Chapter, telecommunication towers shall not be closer to a "PS" Park and Scenic District, "NU" Non-Urban District or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a Conditional Use Permit. 9. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165 Off- Street Parking and Loading Requirements. 10. Sign Regulations. Sign regulations are set forth in Section 1003.168 Sign Regulations. 1003.141 "C-6" Office and Research Service District Regulations. 1. Scope of provisions. This section contains the district regulations of the "C-6" Office and Research Service District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this chapter which are incorporated as part of this section by reference. The "C-6" Office and Research Service District encompasses areas strategically located and related to various supplementary facilities, clientele and communication systems as to provide suitable sites for certain types of office and research organizations. 2. Permitted land uses and developments. The following land uses and developments are permitted in this district: (1) Adult day care centers and child care centers. (2) Bookstores. (3) Broadcasting studios for radio and television. (4) Business and professional services wholly accessory to office operations and activities. (5) Colleges and universities. (6) Employee dining facilities for the specific use of a designated office or research building or group of office or research buildings under the same ownership or management. (7) Libraries. (8) Local public utility facilities, provided that any installation, other than poles and equipment attached to the poles, shall be: (a) adequately screened with landscaping, fencing or walls, or any combination thereof, or (b) placed underground, or (c) enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. (9) Medical and dental offices. (10) Nursery schools and day nurseries. (11) Offices or office buildings. No more than ten (10) percent of the gross floor area of a building may be used for retail and personal services. Page 53 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (12) Parking areas, including garages, for automobiles, but not including any sales of automobiles, or the storage of wrecked or otherwise damaged and immobilized automotive vehicles for a period in excess of seventy-two (72) hours. (13) Police, fire, and postal stations. (14) Research facilities, professional and scientific laboratories, including photographic processing laboratories used in conjunction therewith. No retail or wholesale sales shall be made from these facilities or laboratories. (15) Schools for business, professional, or technical training, but not including outdoor areas for driving or heavy equipment training. (16) Solar arrays, not to exceed 80% lot coverage, or twenty feet in height. (17) Telecommunication towers up to one hundred (100) feet in height and telecommunication towers co-used or disguised support structures of one hundred twenty (120) feet in height or less. 3. Conditional land use and development permits issued by the Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 1003.181, "Conditional Use Permits": (1) All permitted land uses and developments set forth in subsection 2 of this section which exceed three (3) stories or forty-five (45) feet in height, whichever is less, including roof top mechanical equipment attached to a structure. (2) Hospitals. (3) Sewage treatment facilities, not including individual sewage treatment facilities permitted as an accessory use. (4) Structures containing offices with affiliated dwelling units, wherein occupancy of the dwelling units shall be limited to the owners, managers, or employees of the office use or uses and their respective families. A minimum of eight hundred (800) square feet of contiguous open space per dwelling unit, protectively screened from commercial activities and directly accessible to the dwelling units, shall be provided on the premises for the exclusive use of the occupants of such dwelling units. (5) Public utility facilities. (6) Telecommunication towers up to 200 feet in height. 4. Accessory land uses and developments. Subject to compliance with the procedures of this section, 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, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following: (1) Cafeterias for employees and guests only. (2) Devices for the generation of energy, such as solar panels, solar arrays, ground source heat pump systems, wind energy systems [generators], and similar devices. (3) Dwelling or lodging units, only for watchmen, caretakers, or other personnel whose residence on the premises is essential to the operation of a permitted or conditional use or uses. (4) Individual sewage treatment facilities serving an individual building or use, as approved by the appropriate regulatory agency. The sewage treatment facility shall not exceed five thousand (5,000) gallons per day flow. (5) Signs (business, directional, and information). 5. Performance standards. All uses in the "C-6" Office and Research Service District shall operate in conformity with the appropriate performance standards contained in Section 1003.163, "Zoning Performance Standard Regulations." 6. Height limitations for structures other than telecommunication towers. Other than telecommunication towers, the maximum height of structures in this district shall be as follows: (1) Unless otherwise restricted by application of regulations in Section 1003.161, "Air Navigation Space Regulations," the total height of any structure, including roof top mechanical equipment attached to such structure, shall not exceed three (3) stories or forty-five (45) feet in height, whichever is less, above the average finished ground elevation at the perimeter of such structure unless authorized by conditional use permit. (2) Total height of any structure authorized by conditional use permit shall be authorized by specific conditions of the permit; except that the height of structures may be further restricted as provided in Section 1003.161, "Air Navigation Space Regulations." 7. Lot area requirements and development limitations: (1) Minimum lot area requirements: (a) Colleges and universities shall be situated on tracts of land at least five (5) acres in area. (b) Hospitals shall be situated on tracts of land at least five (5) acres in area. (c) A tract of land of at least twelve thousand (12,000) square feet in area shall be provided for each other separate land use or building permitted in this district other than permitted signs. (d) Any lot or tract of record on the effective date of this ordinance, which contains less area than herein specified, may be used as a site for only one use listed in subsection 2 together with related parking areas and accessory uses and developments. (2) Development limitation. Not more than one (1) dwelling unit per each twelve thousand (12,000) square feet of lot area shall be permitted in structures containing offices with affiliated dwelling units. 8. Minimum yard requirements: (1) Front yard; general: No structure is allowed within fifteen (15) feet of any roadway right-of-way line. (2) Front yard; specific regulations and exceptions: (a) Notwithstanding any other provision of this chapter, on corner lots, 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. (b) Boundary walls or fences, six (6) feet in height or less, are allowed within the minimum front yard setback. (c) Permitted information signs, six (6) feet in height or less, are allowed within the minimum front yard setback. (d) Permitted directional signs, three (3) feet in height or less, are allowed within the minimum front yard setback. (e) Light standards for street lighting 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 of Planning. (3) Side and rear yards; general: No structure is allowed within fifteen (15) feet of a property line adjoining property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District. (4) Side and rear years; specific regulations and exceptions: Page 54 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (a) Any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District, other than a public utility tower authorized by a conditional use permit, must be set back from such property line an additional one foot for every two (2) feet in height above thirty (30) feet. (b) Boundary walls or fences, six (6) feet in height or less, are permitted in the minimum side and rear yard setbacks required from property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District. (c) 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 "R" Residence District. (5) Notwithstanding any other provisions of this Chapter, telecommunication towers shall not be closer to a "PS" Park and Scenic District, "NU" Non-Urban District or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a Conditional Use Permit. 9. Off-street parking and loading requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165, "Off-Street Parking and Loading Requirements." 10. Sign regulations. Sign regulations are set forth in Section 1003.168, "Sign Regulations” 1003.143 "C-7" General Extensive Commercial District. 1. Scope of Provisions. This section contains the district regulations of the "C-7" General Extensive Commercial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference. The "C-7" General Extensive Commercial District encompasses areas wherein may be located business concerns which provide goods and services to other businesses and industries throughout St. Louis County or businesses serving segments of the County's population on an infrequent basis. 2. Permitted Land Uses and Developments. The following land uses and developments are permitted in this district: (1) Animal hospitals, veterinary clinics and kennels. (2) Laundries and dry cleaning plants, but not including personal and individual drop-off and pick-up service. (3) Mail order sale warehouses. (4) Offices and office buildings. (5) Parking areas, including garages, but not including any sales of automobiles, or the outdoor storage of wrecked or otherwise damaged and immobilized vehicles for a period in excess of seventy-two (72) hours. (6) Plumbing, electrical, air conditioning, and heating equipment sales, warehousing and repair facilities. (7) Police, fire, and postal stations. (8) Public utility facilities. (9) Railroad switching yards. (10) Sales, servicing, repairing, cleaning, renting, leasing and necessary outdoor storage of equipment and vehicles used by business, industry and agriculture, including leasing of automobiles and sales of automobiles affiliated with automobile leasing businesses on the same premises. General retail automobile sales are not permitted. (11) Schools for business, professional, or technical training, but not including outdoor areas for driving or heavy equipment training. (12) Signs (advertising). (13) Solar arrays, not to exceed 80% lot coverage, or twenty feet in height. (14) Storage yards for lumber, coal, and construction materials. (15) Telecommunication towers up to one hundred (100) feet in height and telecommunication towers co-used or disguised support structures of one hundred twenty (120) feet in height. (16) Terminals for trucks, buses, railroads, and watercraft. (17) Warehousing and wholesaling of goods or materials other than live animals, explosives, flammable gases or liquids. (18) Welding, sheet metal, and blacksmith shops. 3. Conditional Land Use and Development Permits issued by the Commission. The following land uses and developments may be permitted under conditions and re 1003.181 Conditional Use Permits. (1) Airports, heliports, and landing strips. (2) Arenas and stadiums. (3) Amusement parks, drive-in theaters, fairgrounds, race tracks, and zoological gardens. (4) Car washes for automobiles. (5) Correctional institutions. (6) Facilities for the composting of yard wastes. (7) Filling stations, including emergency towing and repair services. (8) Harbors, marinas, and docks for water-borne vehicles, including storage and charter of boats, on land or in the water, repair facilities for boats, and sale of fuel and other supplies for marine use. (9) Junk yards and salvage yards. A ten (10) foot high sight- proof fence shall be provided along all limits of the property. (10) Recreational facilities, indoor and illuminated outdoor facilities, including swimming pools, golf courses, golf practice driving ranges, tennis courts, and gymnasiums. (11) Restaurants, including banquet facilities. Page 55 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (12) Riding stables. (13) Schools for business, professional, or technical training requiring outdoor areas for driving or heavy equipment training. (14) Sewage treatment facilities, not including individual sewage treatment facilities permitted as an accessory use. (15) Telecommunication towers up to two hundred (200) feet in height. (16) Towed vehicle storage yards, where no individual vehicle may be stored for a period exceeding ninety (90) days, and involving no auto repair and no salvage or sale of automobile parts. A ten (10) foot high sight-proof fence shall be provided along all limits of the property. (17) Vehicle repair facilities for automobiles. (18) Vehicle service centers for automobiles. (19) Wholesaling and storage of flammable gases and liquids. 4. Accessory Land Uses and Developments. Subject to compliance with the procedures of this section, 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, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following: (1) Devices for the generation of energy, such as solar panels, solar arrays, ground source heat pump systems, wind energy systems [generators], and similar devices. (2) Dwelling or lodging units, only for watchmen, caretakers, or other personnel whose residence on the premises is essential to the operation of a permitted or conditional use or uses. (3) Individual sewage treatment facilities serving an individual building or use, as approved by the appropriate regulatory agency. The sewage treatment facility shall not exceed 5,000 gallons per day flow. (4) Signs (business, directional, and information). 5. Performance Standards. All uses in the "C-7" General Extensive Commercial District shall operate in conformity with the appropriate performance standards contained in Section 1003.163 Zoning Performance Standard Regulations. 6. Height Limitations for Structures. (1) A public utility tower may be erected to any height not in conflict with the application of regulations in Section 1003.161 Air Navigation Space Regulations. Unless otherwise restricted by application of regulations in Section 1003.161 Air Navigation Space Regulations, the total height of any structure, not including roof top mechanical equipment attached to such structure, shall not exceed forty-five (45) feet in height above the average finished ground elevation at the perimeter of such structure unless authorized by Conditional Use Permit. Total height of any structure authorized by Conditional Use Permit shall be as authorized by specific conditions of said permit; except that the height of structures may be further restricted as provided in Section 1003.161 Air Navigation Space Regulations. (2) Telecommunication towers as permitted in this section may be further restricted by the provisions of Section 1003.161 Air Navigation Space Regulations. 7. Lot Area and Yard Requirements. The lot area and yard requirements for land uses and developments in this district shall be as follows: (1) Minimum Lot Area. (a) Correctional institutions shall be situated on tracts of land at least five (5) acres in area. (b) Junk yards and salvage yards shall be situated on tracts of land at least ten (10) acres in area. (c) Riding stables shall be situated on tracts of land at least five (5) acres in area. (d) Sewage treatment facilities, not including individual sewage treatment facilities permitted as an accessory use, shall be situated on tracts of land at least 10,000 square feet in area. (e) Towed vehicle storage yards shall be situated on tracts of land at least one (1) acre in area. (f) No minimum lot area is established for any other use in this district, but lot dimensions shall be sufficient to meet other requirements set forth in this Section. (2) Front Yard: General. No structure is allowed within fifty 50) feet of any roadway right- of-way line. (3) Front Yard: Specific Regulations and Exceptions. (a) Notwithstanding any other provision of this Chapter, on corner lots, 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. (b) Boundary walls or fences, six (6) feet in height or less, are allowed within the minimum front yard setback. (c) Permitted information signs, six (6) feet in height or less, are allowed within the minimum front yard setback. (d) Permitted directional signs, three (3) feet in height or less, are allowed within the minimum front yard setback. (e) Light standards for parking lot lighting, filling station pumps and free standing business signs are allowed no closer than twenty-five (25) feet from any roadway right- of-way line. Page 56 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (f) Filling station canopies are allowed no closer than fifteen (15) feet from any roadway right-of-way line. (g) Light standards for street lighting or at points of ingress and egress are allowed within the minimum front yard setback when approved by the Department of Planning. (h) Required fencing for junk yards, salvage yards and towed vehicle storage yards is allowed no closer than twenty-five (25) feet from any roadway right-of-way line. The setback shall be adequately landscaped as approved on a plan by the Department of Planning. (i) Any area used for outdoor storage or display merchandise, equipment, or vehicles which is located opposite and visible from property in the "NU" Non- Urban, "PS" Park and Scenic, or any "R" Residence District shall be effectively screened by a five (5) foot high sight-proof fence if determined necessary and required by the Department of Planning on review of a site plan for such use. The Department of Planning may approve the use of topographic features, landscaping, or walls in lieu of fencing where such alternates are determined to be appropriate. (4) Side and Rear Yards: General. No structure or any storage or display of materials, equipment, or vehicles is allowed within twenty (20) feet of a property line adjoining property in the "NU" Non-Urban, "PS" Park and Scenic, or any R" Residence District. (5) Side and Rear Yards: Specific Regulations and Exceptions. (a) Any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District, other than a permitted public utility tower or broadcasting, transmitting, or relay towers for radio, television, and other communications authorized by a Conditional Use Permit, must be set back from such property line an additional one (1) foot for every two (2) feet in height above thirty (30) feet. (b) Any area used for the outdoor storage or display of materials, equipment, or vehicles which adjoins property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District shall be effectively screened by a five (5) foot high sight-proof fence located no closer than ten (10) feet from said property line. The setback shall be adequately landscaped as approved on a plan by the Department of Planning. When requested by the property owner, the Department of Planning may approve the use of topographic features, landscaping, or walls in lieu of fencing, where such alternates will achieve a comparable effect. (c) Required fencing for junk yards, salvage yards, and towed vehicle storage yards shall be located no closer than twenty (20) feet from any adjoining property line. These setbacks shall be adequately landscaped as approved on a plan by the Department of Planning. (d) All other boundary walls or fences, six (6) feet in height or less, are permitted within the minimum side and rear yard setbacks required from property in the "NU" Non- Urban, "PS" Park and Scenic, or any "R" Residence District. (e) 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 "R" Residence District. (6) Notwithstanding any other provisions of this Chapter, telecommunication towers shall not be closer to a "PS" Park and Scenic District, "NU" Non-Urban District or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a Conditional Use Permit. 8. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165 Off- Street Parking and Loading Requirements. 9. Sign Regulations. Sign regulations are set forth in Section 1003.168 Sign Regulations. 1003.151 "M-1" Industrial District Regulations. 1. Scope of Provisions. This section contains the district regulations of the "M-1" Industrial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this section by reference. The "M-1" Industrial District encompasses areas wherein may be achieved a satisfactory correlation of factors such as adequate transportation facilities, accessibility to dwelling areas, efficient land assembly, adequate topographic conditions, and adequate provision of public utility facilities required by industry. 2. Permitted Land Uses and Developments. The following land uses and developments are permitted in this district: (1) Business, professional, and technical training schools. (2) Laundries and dry cleaning plants, not including personal and individual drop-off and pick-up service. (3) Manufacturing, fabrication, assembly, processing or packaging of any commodity from semi-finished materials, except explosives or flammable gases or liquids. (4) Offices or office buildings. (5) Parking areas, including garages. (6) Police, fire and postal stations. (7) Printing and duplicating services. (8) Public utility facilities. (9) Radio, television, and communication studios. (10) Railroad switching yards. (11) Recycling center, where all materials are contained within buildings. No outside storage is allowed. (12) Research laboratories and facilities. (13) Sales and renting of equipment and vehicles used by business, industry, and agriculture, excluding retail auto- mobile sales. (14) Signs (advertising). (15) Solar arrays, not to exceed 80% lot coverage, or twenty feet in height. (16) Telecommunication towers up to two hundred (200) feet in height. (17) Terminals for trucks, buses, railroads and watercraft. Page 57 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (18) Union halls and hiring halls. (19) Wholesaling or warehousing of manufactured commodities except live animals, explosives, or flammable gases. (20) Yards for storage of contractors' equipment, materials, and supplies, excluding junk yards and salvage yards. 3. Conditional Land Use and Development Permits issued by the Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 1003.181 Conditional Use Permits. (1) Airports, landing strips and heliports. (2) Business service establishments. (3) Facilities for the composting of yard wastes. (4) Filling stations, including emergency towing repair services. (5) Gymnasiums, indoor swimming pools, indoor handball and racquetball courts (public or private), and indoor and unlighted outdoor tennis courts (public or private). (6) Incinerators. (7) Manufacturing of explosives and flammable gases and liquids. (8) Nightclubs. (9) Recycling Center, including the outside storage of materials. (10) Restaurants, including banquet facilities. (11) Sales yards operated for a charitable purpose by a church, school, or other not-for-profit organization. (12) Telecommunication towers over two hundred (200) feet in height. (13) Towed vehicle storage yards, wherein no individual vehicle may be stored for a period exceeding ninety (90) days, and involving no auto repair and no salvage or sale of automobile parts. A ten (10) foot high sight-proof fence shall be provided along all limits of the property. (14) Sewage treatment facilities. (15) Transfer Station. (16) Vehicle repair facilities. (17) Warehousing, storage, or wholesaling of live animals, explosives, or flammable gases and liquids. (18) Waste processing facilities. 4. Accessory Land Uses and Developments. Subject to compliance with the procedures of this section, 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, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following: (1) Devices for the generation of energy, such as solar panels, solar arrays, ground source heat pump systems, wind energy systems [generators], and similar devices. (2) Dwelling or lodging units, only for watchmen, caretakers, or other personnel whose residence is essential to the operation of a permitted or conditional use or uses. (3) Individual sewage treatment facilities serving an individual building or use, as approved by the appropriate regulatory agency. The sewage treatment facility shall not exceed 5,000 gallons per day flow. (4) Signs (business, directional, and information). 5. Performance Standards. All uses in the "M-1" Industrial District shall operate in conformity with the appropriate performance standards contained in Section 1003.163 Zoning Performance Standard Regulations. 6. Height Limitations for Structures. Telecommunication and public utility towers authorized by Conditional Use Permit may be erected to any height not in conflict with the application of the limits in Section 1003.161 Air Navigation Space Regulations. Unless otherwise restricted by application of regulations in Section 1003.161 Air Navigation Space Regulations of this Chapter, the total height of any other structure, not including rooftop mechanical equipment attached to such structures, shall not exceed 200 feet above the average finished ground elevation at the perimeter of such structure. 7. Lot Area and Yard Requirements. The lot area and yard requirements in the "M-1" Industrial District shall be as follows: (1) Minimum Lot Area Requirements. (a) Towed vehicle storage yards shall be situated on tracts of land at least one (1) acre in area. (b) Transfer Stations and Waste Processing Facilities shall be situated on tracts of land at least five (5) acres in area. (c) No minimum lot area is established for other uses in this district, but lot dimensions shall be sufficient to meet other requirements set forth in this Section. (2) Front Yard: General. No structure is allowed within thirty (30) feet of any roadway right-of-way line. (3) Front Yard: Specific Regulations and Exceptions. (a) Notwithstanding any other provision of this Chapter, on corner lots, 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. (b) Boundary walls or fences, six (6) feet in height or less, are allowed within the minimum front yard setback. (c) Permitted information signs, six (6) feet in height or less, are allowed within the minimum front yard setback. (d) Permitted directional signs, three (3) feet in height or less, are allowed within the minimum front yard setback. (e) Light standards for parking lot lighting and free standing business signs are allowed no closer than twenty-five (25) feet from any roadway right-of-way line. (f) Light standards for street lighting or at points of ingress and egress are allowed within the minimum front yard setback when approved by the Department of Planning. (g) Required fencing for towed vehicle storage yards is allowed no closer than twenty-five (25) feet from any roadway right-of-way line. The setback shall be adequately landscaped as approved on a plan by the Department of Planning. (h) Any area used for the outdoor storage or display of merchandise, equipment, or vehicles which is located opposite and visible from property in the "NU" Non- Urban, "PS" Park and Scenic, or any "R" Residence District shall be effectively screened by a five (5) foot high sight-proof fence if determined necessary and required by the Department of Planning on review of a site plan for such use. The Department of Planning may approve the use of topographic features, landscaping, or walls in lieu of fencing where such alternates are determined to be appropriate. Page 58 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (4) Side Yards and Rear Yards: General. No structure or any storage or display of materials, equipment, or vehicles is allowed within ten (10) feet of any side or rear property line. (5) Side Yards and Rear Yards: Specific Regulations and Exceptions. (a) No structure, or any storage or display of merchandise, equipment, or vehicles is allowed within twenty-five (25) feet of a property line adjoining property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District. (b) Any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District must be set back from such property line an additional one (1) foot for every two (2) feet in height above thirty (30) feet. (c) Any area used for the outdoor storage or display of merchandise, equipment, or vehicles which adjoins property in the "NU" Non-Urban, "PS" Park and Scenic, or any “R" Residence District shall be effectively screened by a five (5) foot high sight-proof fence located no closer than ten (10) feet from said adjoining property line. The setback shall be adequately landscaped as approved on a plan by the Department of Planning. When requested by the property owner, the Department of Planning may approve the use of topographic features, landscaping, or walls in lieu of fencing where such alternates will achieve comparable effect. (d) Required fencing for towed vehicle storage yards shall be located no closer than twenty-five (25) feet from any adjoining property line. This setback shall be adequately landscaped as approved on a plan by the Department of Planning. (e) All other boundary walls or fences six (6) feet in height or less, are permitted within the minimum side and rear yard setbacks required from property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District. (f) 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 "R" Residence District. (6) Notwithstanding any other provisions of this Chapter, telecommunication towers shall not be closer to a "PS" Park and Scenic District, "NU" Non-Urban District or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a Conditional Use Permit. 8. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165 Off-Street Parking and Loading Requirements. 9. Sign Regulations. Sign regulations are set forth in Section 1003.168 Sign Regulations. 1003.153 “M-2” Industrial District Regulations. 1. Scope of Provisions. This section contains the district regulations of the "M-2" Industrial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this section by reference. The "M-2" Industrial District encompasses industrial areas wherein may be achieved a satisfactory correlation of transportation facilities, accessibility to dwelling areas, efficient land assembly, topographic conditions, and provision of public utility facilities required by industry. Such areas may contain certain mineral and natural resources. These areas may be situated and operated so that the extraction, processing, or both, of basic raw materials may be conducted in a manner that will not create conflict or hazard in the general community and that will protect and preserve the public health, safety, and general welfare. 2. Permitted Land Uses and Developments. The following land uses and developments are permitted in this district: (1) Business, professional, and technical training schools. (2) Incinerators. (3) Manufacturing, fabrication, assembly, processing or packaging of any commodity except: (a) Facilities producing or processing explosives or flammable gases or liquids; (b) Facilities for animal slaughtering, meat packing, or rendering; (c) Sulphur plants, rubber reclamation plants, plants,and (d) Steel mills, foundries, or smelters. (4) Parking areas, including garages. (5) Police, fire and postal stations. (6) Public utility facilities. (7) Radio, television, and communication studios. (8) Railroad switching yards. (9) Recycling Center, where all materials are contained within buildings. No outdoor storage is allowed. (10) Research laboratories and facilities. (11) Sales and renting of equipment and vehicles used by business, industry, and agriculture, excluding retail automobile sales. (12) Signs (advertising). (13) Solar arrays, not to exceed 80% lot coverage, or twenty feet in height. (14) Telecommunication towers up to two hundred (200) feet in height. (15) Terminals for trucks, buses, rail and watercraft. (16) Towed vehicle storage yards, wherein no individual vehicle may be stored for a period exceeding ninety (90) days, and involving no auto repair and no salvage or sale of automobile parts. A ten (10) foot high sight-proof fence shall be provided along all limits of the property. (17) Welding shops. (18) Wholesaling or warehousing of manufactured commodities except explosives or flammable gases or liquids. (19) Yards for storage of contractors' equipment, materials, and supplies, excluding junk yards and salvage yards. 3. Conditional Land Use and Development Permits issued by the Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 1003.181 Conditional Use Permits. (1) Airports, landing strips, and heliports. (2) Animal slaughtering, meat packing or rendering facilities. (3) Facilities for the composting of yard wastes. (4) Filling stations, including emergency towing and repair services. (5) Extraction of raw materials from the earth and processing thereof. (6) Gymnasiums, indoor swimming pools, indoor handball and racquetball courts (public or private), and indoor and unlighted outdoor tennis courts (public or private). (7) Manufacturing, fabrication and processing of flammable gases, liquids and explosives. (8) Nightclubs. Page 59 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (9) Offices, providing that they constitute fifty (50) percent or more of the gross floor space of the building or fifty (50) percent or more of the gross enclosed cubic area of the building, whichever is greater. (10) Recycling Center, including the outdoor storage of materials. (11) Restaurants, including banquet facilities. (12) Sanitary landfills. (13) Sewage treatment facilities. (14) Steel mills, foundries, and smelters. (15) Sulphur, cement, or rubber reclamation plants. (16) Telecommunication towers over two hundred (200) feet in height. (17) Transfer Station. (18) Vehicle repair facilities. (19) Vehicle service centers. (20) Warehousing, storage, or wholesaling of live animals, explosives, or flammable gases and liquids. (21) Waste Processing Facility. 4. Accessory Land Uses and Developments. Subject to compliance with the procedures of this section, 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, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following: (1) Devices for the generation of energy, such as solar panels, solar arrays, ground source heat pump systems, wind energy systems [generators], and similar devices. (2) Dwelling or lodging units, only for watchmen, caretakers, or other personnel whose residence is essential to the operation of a permitted or conditional use or uses. (3) Office area of a building which constitutes less than fifty (50) percent of the gross floor space of the building or less than fifty (50) percent of the gross enclosed cubic area of the building, whichever is greater. (4) Individual sewage treatment facilities serving an individual building or use, as approved by the appropriate regulatory agency. The sewage treatment facility shall not exceed 5,000 gallons per day flow. (5) Signs (business, directional, and information). 5. Performance Standards. All uses in the "M-2" Industrial District shall operate in conformity with the appropriate performance standards contained in Section 1003.163 Zoning Performance Standard Regulations. 6. Height Limitations for Structures. Telecommunication and public utility towers authorized by a Conditional Use Permit may be erected to any height not in conflict with the application of the limits in Section 1003.161 Air Navigation Space Regulations. Unless otherwise restricted by application of regulations in Section 1003.161 Air Navigation Space Regulations of this Chapter, the total height of any other structure, not including rooftop mechanical equipment attached to such structures, shall not exceed 200 feet above the average finished ground elevation at the perimeter of such structure. 7. Lot Area and Yard Requirements. The lot area and yard requirements in the "M-2" Industrial District shall be as follows: (1) Minimum Lot Area Requirements. (a) Towed vehicle storage yards shall be situated on tracts of land at least one (1) acre in area. (b) Transfer Stations and Waste Processing Facilities shall be situated on tracts of land at least five (5) acres in area. (c) No minimum lot area is established for other uses in this district, but lot dimensions shall be sufficient to meet other requirements set forth in this Section. (2) Front Yard: General. No structure is allowed within thirty (30) feet of any roadway right-of-way line. (3) Front Yard: Specific Regulations and Exceptions. (a) Notwithstanding any other provision of this Chapter, on corner lots, 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. (b) Boundary walls or fences, six (6) feet in height or less, are allowed within the minimum front yard setback. (c) Permitted information signs, six (6) feet in height or less, are allowed within the minimum front yard setback. (d) Permitted directional signs, three (3) feet in height or less, are allowed within the minimum front yard setback. (e) Light standards for parking lot lighting and free standing business signs are allowed no closer than twenty-five (25) feet from any roadway right-of- way line. (f) Light standards for street lighting or at points of ingress and egress are allowed within the minimum front yard setback when approved by the Department of Planning. (g) Required fencing for towed vehicle storage yards is allowed no closer than twenty-five (25) feet from any roadway right-of-way line. The setback shall be adequately landscaped as approved on a plan by the Department of Planning. (h) Any area used for the outdoor storage or display of merchandise, equipment, or vehicles which is located opposite and visible from property in the "NU" Non- Urban, "PS" Park and Scenic, or any "R" Residence District shall be effectively screened by a five (5) foot high sight-proof fence if determined necessary and required by the Department of Planning on review of a site plan for such use. The Department of Planning may approve the use of topographic features, landscaping, or walls in lieu of fencing where such alternates are determined to be appropriate. (4) Side Yards and Rear Yards: General. No structure or any storage or display of materials, equipment, or vehicles is allowed within ten (10) feet of any side or rear property line. (5) Side Yards and Rear Yards: Specific Regulations and Exceptions. (a) No structure, or any storage or display of merchandise, equipment, or vehicles is allowed within twenty-five 25) feet of a property line adjoining property in the “NU” Non-Urban, "PS" Park and Scenic, or any "R" Residence District. (b) Any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District must be set back from such property line an additional one (1) foot for every two (2) feet in height above thirty (30) feet. Page 60 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (c) Any area used for the outdoor storage or display of merchandise, equipment, or vehicles which adjoins property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District shall be effectively screened by a five (5) foot high sight-proof fence located no closer than ten (10) feet from said adjoining property line. The setback shall be adequately landscaped as approved on a plan by the Department of Planning. When requested by the property owner, the Department of Planning may approve the use of topographic features, landscaping, or walls in lieu of fencing where such alternates will achieve comparable effect. (d) Required fencing for towed vehicle storage yards shall be located no closer than twenty-five (25) feet from any adjoining property line. This setback shall be adequately landscaped as approved on a plan by the Department of Planning. (e) All other boundary walls or fences six (6) feet in height or less, are permitted within the minimum side and rear yard setbacks required from property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District. (f) 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 "R" Residence District. (g) Notwithstanding any other provisions of this Chapter, telecommunication towers shall not be closer to a "PS" Park and Scenic District, "NU" Non-Urban District or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a Conditional Use Permit. 8. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165 Off-Street Parking and Loading Requirements. 9. Sign Regulations. Sign regulations are set forth in Section 1003.168 Sign Regulations. 1003.158 Form Based Development 1. Scope of Provisions. This section contains the regulations for the Form Based Development Standards. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Chapter which are incorporated as part of this section by reference. 2. Statement of Intent. The intent of this section is to establish both an overlay district to establish place types and add new form based code zoning districts applicable within specified place types that are intended to include a mix of uses to increase density around transit stops and in select areas; establish a range of zoning districts within the place types, varying in use mix and intensity, with specific development standards; improve mobility by increasing connectivity between developments for vehicles and other modes of travel; and increase pedestrian and bike opportunities that integrate with transit. These provisions are designed to guide new development and redevelopment to create the mixed use patterns that enhance and support transit as well as provide safe, connected routes for non-motorized travel. Form based codes primarily focus on the ultimate physical form of a building and how it relates to the street and adjacent buildings. They also consider other context elements like transit access and architectural and character integrity of a neighborhood. 3. Place Type Overlay Districts. The overarching organizing feature of the form based regulations is a series of Place Type Overlay Districts that are based on the context of the different kinds of mixed use areas throughout the county. Form based codes are written for specific places, so that different sets of appropriate building forms and uses are defined for each Place Type. A major feature of the Place Type Overlay District is their illustration of neighborhood development regulations with walkable block configurations. The uses allowed in the Place Type Overlay District shall include all uses within the underlying zoning district or form based code zoning district. Place Type Overlay Districts established by these standards are : (1) Traditional Neighborhood (1003.158A) (2) Community Center (1003.158B) (3) Transit Oriented Development (1003.158C) (4) Neighborhood Node (1003.158D) The following summarizes the intent for each place type: (1)Traditional Neighborhood (TN) The Traditional Neighborhood Place Type District is best used on larger parcels of land, 40 acres or more, designated for redevelopment. The mix of districts permitted in this Place Type District allows for the development of small to medium nodes of main street-style mixed use districts with ground floor shopping and some service uses, along with a mix of residential. Residential units consist mainly of row houses, apartments, condominiums, and small lot residences. The goal of this Place Type District is to establish a highly walkable neighborhood where many daily needs can be met on foot, bicycle, or via transit. Therefore, the Place Type District requires subdivision to establish walkable block sizes and new streets with a range of transportation choices embedded. Additionally, provision of a minimum level of usable, accessible open space and allowance for civic uses completes the neighborhood. (2)Community Center (CC) The Community Center Place Type District is meant for use in areas that exist as a horizontal mix of single uses, including auto-accessible commercial shopping centers and scattered site Page 61 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... apartment complexes. These areas typically serve the larger community or even the region; therefore, auto-accessibility should be maintained, while transforming the areas into more walkable, complete places by bringing buildings to street and moving most of the parking to the rear. The mix of districts permitted in this location includes a more flexible main street-style building that allows for more visible parking and some multiple buildings on one site, along with a mix of office buildings and residential. This Place Type District also requires subdivision to establish some open space, blocks, and new streets; however, the block sizes are larger to permit more significant amounts of interior parking. (3)Transit Oriented Development (TOD) TOD Place Type Districts is used when an area is adjacent to a transit station or stop, such as multimodal hub or a light rail station. Development is more intense, and people are expected to arrive to the area on many modes, not just by car. Taller buildings with fewer setback requirements are permitted in the TOD areas, along with a wide mix of retail, office, and residential districts. Subdivision is required to establish walkable blocks, similar to the Traditional Neighborhood, but allowances are made to accommodate the increase in parking for the higher densities permitted. Open space is more civic-oriented (such as plaza) and should be focused on the station area as a gathering point. Greener, softer open space located on the periphery of the Place Type District, along with lower density residential, serve as buffers between the Place Type District and surrounding areas, as required. (4)Neighborhood Node (NN) The Neighborhood Node Place is intended for use on smaller existing parcels (approximately 3 to 10 acres) adjacent to existing neighborhoods. The Neighborhood Node requires a limited amount of subdivision to establish access to the existing neighborhoods and walkable blocks sizes. A smaller scaled, main street-style mixed use district is required adjacent to the existing larger, border streets, but oriented inward to create a neighborhood feel. Lower density residential serves as a buffer between the existing neighborhoods and the new commercial node. Neighborhood nodes encourage walkable mixed use ringed by mainly low density residential areas. Note: General regulations for all place types are located in Section 9. 4. Procedure to Establish the Place Type Overlay Districts. (1)Application. Place Type District designation shall be allowed in specific geographic areas that have undergone detailed study for utilization of form based code regulations. The owner or owner of record or owners under contract of a lot or tract of land, or their authorized representatives, shall petition the St. Louis County Council on forms prescribed for this purpose by the Planning Commission. Said petition may be initiated by the County Council or Planning Commission. These forms shall be submitted to the Department of Planning and accompanied by the following: (a) Filing fee per requirements of Section 1003.210 Fees. (b) Legal description of the property. (c) Outboundary plat of the property. (d) Preliminary Concept Plan, including but not limited to the following: (i) The form based code zoning districts that are applicable. (ii) Existing and proposed contours at vertical intervals of not more than five (5) feet referred to sea level datum. Flood plain areas are to be delineated. (iii) Preliminary lot, block configuration and street formation.(see 1003.158E) (e) A written statement noting in what manner the proposed development is consistent with the St. Louis County General Plan policies and the intent of the form based code regulations. (2)Public Hearing. A public hearing on the petition shall be held by the Planning Commission in accordance with the provisions of Section 1003.300 Procedure for Amending the Zoning Ordinance, provided, however, a public hearing shall be set within fortyfive (45) days of acceptance of the petition, fee, and related plan and documents by the Department of Planning. (3)Planning Commission Recommendation. No action shall be taken by the County Council with respect to the petition until it has received the recommendation of the Planning Commission. Said recommendation shall address general planning considerations, including consistency with good planning practice, and compatibility with adjoining permitted developments and uses. A recommendation of approval shall include recommended conditions to be included in the ordinance authorizing the establishment of the Place Type Overlay District. Such conditions shall include but not be limited to the following: (a) Road requirements (b) Stormwater quality measures (c) Sormwater drainage controls (d) Phasing requirements 5. Form Based Code Zoning Districts. Page 62 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... Once the Place Type overlay district is in place, the form based code zoning districts may be established. The Form Based Code zoning districts have been developed for use with the Place Type Districts. The following summarizes the intent for each Form Based Code zoning district: (1)Main Street Mixed Use District (MSMX) The Main Street Mixed Use District establishes a low- to medium-scale main street-style form that permits a mix of uses serving adjacent neighborhoods and portions of the surrounding community. The form of this district establishes a street wall of building facades along the sidewalk, while focusing pedestrian-friendly retail and service uses on the ground story and residential and/or office uses in upper stories. (2) Transitional Mixed Use District (TMX) The Transitional Mixed Use District permits a range of low- to mid-scale building forms to transition from a heavily commercial area into a mixed use center or neighborhood. The form of this district allows development of a traditional main street building as well as the transitioning of existing strip centers towards the street and a more pedestrian friendly streetscape. Ground story uses include pedestrian-friendly retail uses, service uses, office uses, and potentially live-work units, serving the greater community. (3)TOD (Transit Oriented Development) Mixed Use District (TODX) The TOD Mixed Use District is a medium- to high-scale district designed to serve adjacent neighborhoods as well as transit users visiting the associated station or stop(s). The form is a slightly more intensive version of a main street-style district establishing a street wall of building facades along the sidewalk, and focusing pedestrian-friendly retail and service uses on the ground story with residential and/or office in upper stories. (4) General Transit Oriented Development District (GTOD) The General TOD District is a medium- to high-scale district that permits residential and office buildings, allowing residents to walk to a transit station or stop for a regular commute. The form of the district requires buildings to be oriented to the public space of the street, with courtyards and open space permitted. (5) General Employment District (GED) The General Employment District is a low- to medium-scale district that permits office and craftsman industrial uses, along with residential uses. The form of this district requires buildings to be oriented to the street, while still permitting landscape spaces and courtyards. (6) General Residential District (GRD) The General Residential District is a low- to medium-scale residential district that permits a range of residential building types, including apartment or condominium buildings, rowhouses or townhouses, and small lot houses. Small scale commercial may be included in the permitted building forms to serve the general neighborhood only. The form of this district requires buildings to be oriented to the street, while still permitting landscape spaces and courtyards. (7)Edge District (ED) The Edge District is a low-scale residential district that can serve as a buffer between more intensive districts and existing or proposed very low density surrounding residential developments. This district may be used in conjunction with the Traditional Neighborhood Place Type. 4. Procedure to establish the Form Based Zoning Districts. In order to establish a Form Based Code zoning district through a change of zoning, the procedure shall be as follows: (1)Application The owner or owner of record or owners under contract of a lot or tract of land, or their authorized representatives, shall petition the St. Louis County Council on forms prescribed for this purpose by the Planning Commission. Said petition may be initiated by the County Council or Planning Commission. These forms shall be submitted to the Department of Planning and accompanied by the following: (a) Filing fee per requirements of Section 1003.210 Fees. (b) Legal description of the property. (c) Outboundary plat of the property. (d) Preliminary Concept Plan, including but not limited to the following: (i) The Place Type District (ii)Building types proposed (iii)Preliminary lot, block configuration and street formation.(see 1003.158E) (iv) Parking requirements (v) Building siting standards (vi)Architectural standards (e) A written statement noting in what manner the proposed development is consistent with the St. Louis County General Plan policies and the intent of the form based code regulations. (2)Public Hearing A public hearing on the petition shall be held by the Planning Commission in accordance Page 63 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... with the provisions of Section 1003.300 Procedure for Amending the Zoning Ordinance, provided, however, a public hearing shall be set within fortyfive (45) days of acceptance of petition, fee, and related plan and documents by the Department of Planning. (3)Planning Commission Recommendation No action shall be taken by the County Council with respect to the petition until it has received the recommendation of the Planning Commission. Said recommendation shall address general planning considerations, including consistency with good planning practice, and compatibility with adjoining permitted developments and uses. 7. Site Plan Review. (1)Site Plan Review Form-based development site plan applications shall be reviewed pursuant to Section 1003.179, Site Plan Review. (a)Pre-Application Meeting An applicant for form based development is encouraged to attend a pre-application meeting with the Department of Planning to discuss the use and interpretation of the form-based regulations. (b)Compliance with Form Based Regulations The Director shall review the form-based site plan for compliance with the form-based regulations and take one of the following actions: (i) If the plan complies with the form based regulations, the Director shall approve the application. (ii) If the plan has minor modifications from the form based regulations that may be justified by the stated intent of the plan, the Director shall notify the applicant. The applicant may request a minor modification. (c)Minor Modifications Following notification from the Director of the need for a minor modification, an applicant may make an application for review. Application for minor modification may also be made simultaneously with a form-based site plan review application. (i)Standards Subject to Modification The following standards may be subject to modifications of up to a maximum of ten percent from the form-based development standards, provided that the applicable approval criteria below are met. (A) Minimum building siting standards, and (B)Quantitative development standards (e.g., percentage of site landscaping, number of parking spaces, etc.). The modification is calculated by applying the ten percent modification to the required development standard or measurement, rounded to the nearest whole number. For example, a required 10-foot side yard setback may be modified by 10% or one foot, allowing a 9-foot setback. (ii)Approval Criteria Minor modifications may be approved only upon a finding that all of the following criteria have been met: (A)The requested modification is consistent with the stated purposes of the form-based development standards. (B)The modification will not substantially interfere with the convenient and enjoyable use of adjacent lands, and will not pose a danger to the public health or safety. (C)Any adverse impacts resulting from the modification will be mitigated to the maximum practical extent. (D)The modification is to a dimensional or design standard and is either: (1)Required to compensate for some unusual aspect of the site or the proposed development that is not shared by landowners in general; (2)Supporting an objective or goal from the purpose and intent statements of the form- based district where located; or (3)Proposed to protect sensitive natural resources or better integrate development with the surrounding environment. (d)Major Modification If the application has major modifications to the form based regulations, the Director shall notify the applicant. The applicant may request a waiver of specific standards from the Planning Commission. The Planning Commission is prohibited from waiving the following standards beyond the minor modification permitted below: (i)Building siting standards; (ii)Maximum block size; (iii)Minimum height requirement; (iv)Parking location standards; (v)Prohibited buildings or functions; or (vi)Architectural standards. (2) Decision Page 64 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... The Director shall issue a written decision on a minor modification. (3)Review of Decision or Appeals The Director’s determination regarding a minor modification may be reviewed by the Planning Commission at the request of the applicant. 8. Place Type Overlay Requirements. (1)Traditional Neighborhood Place Type District 1. Traditional Neighborhood Requirements Form Based Zoning Districts Main Street MU A minimum of 400 linear feet of consecutive block faces, both sides of the street, is required to be zoned with the Main Street District. MU Transition MU TOD General TOD General Employment No minimum requirements. General Residential Edge Minimum Acreage Minimum Required Acreage for Application of Place Type 10 acres Blocks Maximum Block Width Maximum Block Length 700’; Preferred maximum block length is 400’. Maximum Block Width 500’; Preferred maximum block width is 300’. Open Space General Residential & Edge Open Space Requirements One open space type is required within one sixth (1/6) of a mile of each of the residential dwelling units. MU District & General Employment Open Space Requirements One open space type or Civic Building Type is required within (1/6) of a mile of the entrance of each building. Recommended open space types for this location are the plaza or square. The Traditional Neighborhood Place Type District is best used on larger parcels of land, 40 acres or more, designated for redevelopment. The mix of districts permitted in this Place Type District allows for the development of small to medium nodes of main street-style mixed use districts with ground floor shopping and some service uses, along with a mix of residential. Residential units consist mainly of row houses, apartments, condominiums, and small lot residences. The goal of this Place Type District is to establish a highly walkable neighborhood where many daily needs can be met on foot, bicycle, or via transit. Therefore, the Place Type District requires subdivision to establish walkable block sizes and new streets with a range of transportation choices embedded. Additionally, provision of a minimum level of usable, accessible open space and allowance for civic uses completes the neighborhood. (2) Community Center Place Type District 2. Community Center Place Type Requirements Form Based Zoning Districts Main Street MU A minimum of 600 linear feet of consecutive block faces, both sides of the street, is required to be zoned with either the Main Street MU or the MU Transition District. MU Transition MU TOD General TOD General Employment No minimum requirements. General Residential Edge Edge District permitted when used as buffer only. Minimum Acreage Minimum Required Acreage for Application of Place Type 3 acres Blocks Maximum Block Length 900’; Preferred block length is 400’. Maximum Block Width 600’; Preferred maximum block width is 400’. Open Space General Residential & Edge Open Space Requirements One open space type is required within one quarter (1/4) of a mile of each of the residential dwelling units. MU District & General Employment Open Space Requirements One open space type is recommended central to these districts. Recommended open space types for this location are the plaza or square. Page 65 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... The Community Center Place Type District is meant for use in areas that exist as a horizontal mix of single uses, including auto-accessible commercial shopping centers and scattered site apartment complexes. These areas typically serve the larger community or even the region; therefore, auto- accessibility should be maintained, while transforming the areas into more walkable, complete places by bringing buildings to street and moving most of the parking to the rear. The mix of districts permitted in this location includes a flexible main street-style building that allows for more visible parking and some multiple buildings on one site, along with a mix of office buildings and residential. This Place Type District also requires subdivision to establish some open space, blocks, and new streets; however, the block sizes are larger to permit more significant amounts of interior parking. (3) Transit Oriented Development (TOD) Place Type District 3. TOD Place Type Requirements Form Based Zoning Districts Main Street MU MU Transition MU TOD A minimum of 600 linear feet of consecutive block faces, both sides of the street, is required to be zoned with either the Main Street MU or the MU Transition District. General TOD No minimum requirements. General Employment General Residential Edge Edge District permitted when used as buffer only. Minimum Acreage Minimum Required Acreage for Application of Place Type 5 acres Blocks Maximum Block Length 600’; Preferred block length is 400’. Maximum Block Width 600’; Preferred maximum block width is 400’. Open Space General TOD Open Space Requirements None. MU TOD Open Space Requirements One open space type is required within 500’ from the station or stop area. Recommended open space types for this location are the plaza or square. TOD Place Type Districts is used when an area is adjacent to a transit station or stop, such as multimodal hub or a light rail station. Development is more dense and people are expected to arrive to the area on many modes, not just by car. Taller buildings with fewer setback requirements are permitted in the TOD areas, along with a wide mix of retail, office, and residential districts. Subdivision is required to establish walkable blocks, similar to the Traditional Neighborhood, but allowances are made to accommodate the increase in parking for the higher densities permitted. Open space is more civic-oriented (such as plaza) and should be focused on the station area as a gathering point. Greener, softer open space located on the periphery of the Place Type District, along with lower density residential, serve as buffers between the Place Type District and surrounding areas, as required. Page 66 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (4) Neighborhood Node Place Type District 4. Neighborhood Node Place Type Requirements Form Based Zoning Districts Main Street MU A minimum of 300 linear feet of consecutive block faces, both sides of the street, is required to be zoned with the Main Street MU District. MU Transition MU Transition Districts are limited to those block faces on existing arterials or highways. MU TOD General TOD General Employment No minimum requirements. General Residential Edge Minimum Acreage Minimum Required Acreage for Application of Place Type 3 acres Blocks Maximum Block Length 600’; Preferred block length is 400’. Maximum Block Width 600’; Preferred maximum block width is 400’. Refer to 1003.158A for General Lot and Block layout Requirements. Open Space General Residential or Edge Open Space Requirements None. MU or General Employment Open Space Requirements One open space type or Civic Building Type is required within one sixth (1/6) of a mile of the entrance of each building. Recommended open space types for this location are the plaza or square. The Neighborhood Node Place is intended for use on smaller existing parcels (approximately 3 to 10 acres) adjacent to existing neighborhoods. The Neighborhood Node requires a limited amount of subdivision to establish access to the existing neighborhoods and walkable blocks sizes. A smaller scaled, main street-style mixed use district is required adjacent to the existing larger, border streets, but oriented inward to create a neighborhood feel. Lower density residential serves as a buffer between the existing neighborhoods and the new commercial node. Neighborhood nodes encourage walkable mixed use ringed by mainly low density residential areas. 9. General Block, Lot, and Street Design Regulations for Place Type Overlays. (1)Applicability The following are general block, lot, and street design requirements are applicable to all Place Type Districts. (2)Interconnected Street Pattern The network of streets within all Place Types District shall form an interconnected pattern with multiple intersections and resulting block sizes as designated in the requirements for each Place Type District. (a) The arrangement of streets shall provide for the continuation of existing streets from adjoining areas into new developments. Page 67 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (b) Cul-de-sac and dead end streets are not permitted, except when dictated by topographic features of environmental areas. (c) Streets shall follow natural features rather than interrupting or dead-ending at the feature. (d) Where streets terminate, such termination shall be at an open space or a building facade. (3)Block Configuration Refer to Figure 1003.158A(1) for an illustration of Typical Block Elements. (a) The shape of a block shall be generally rectangular, but may vary due to natural features or site constraints. (b) Blocks shall typically be two lots deep with the exception of blocks containing open space. Blocks may also include an alley. Blocks may include existing lots within an existing zoning district outside the Place Type District. (c) Blocks shall typically be fronted with lots on at least two faces, preferably on the longest street faces. (d) For increased energy efficiency, block orientation shall be along an east-west longitudinal axis to the maximum extent feasible. For long, central corridor buildings, this block orientation will encourage development of buildings oriented along an east-west axis, with smaller east and west facing facades, able to take advantage of passive solar technology. (4)Maximum Block Size Block sizes for residential and commercial development and redevelopment are designated within each Place Type District. A network of streets is required to meet the maximum block size requirement. Where parcels in the Place Type District boundary back up to parcels outside the Place Type District, those blocks are exempted from the maximum block size. (5)Minimum Number of Access Points This requirement is intended to provide a minimum level of connectivity via vehicular rights-of- way between adjacent developments and to surrounding streets. (a) Requirement. A minimum of two access points is required for each Place Type District. (b) Recommendation. A minimum of one access point per every 1,500 feet of boundary is recommended. (6)Typical Street Type New streets within the Place Type District shall establish some level of access and accommodations for all modes of travel: walking, biking, driving, or riding transit. The applicant shall coordinate with the county’s Department of Highways and Traffic for required street sections. Refer to Figure 1003.158A(2) for typical street section components. Street sections shall include the following minimum requirements: (a) Sidewalk. Minimum clear sidewalk width of 8 feet in shopping and office areas and 6 feet in residential areas. The sidewalk shall extend to the street in all shopping areas. Special paving is preferred. (b) Street Trees. All streets shall include street trees between the sidewalk and the curb with a minimum of 6’ to accommodate tree roots. 9 feet is preferred. Street trees shall be located in tree wells with grates or planters in shopping and office areas and in parkways in residential areas. (c) On-Street Parking. On-street parking shall be provided along all streets where possible, especially adjacent to all mixed use (MU) zoning districts. On-street parking should generally be parallel to the street; however, adjacent to mixed use (MU) districts, angled head in or back in parking may be appropriate. (d) Pedestrian Crossings. To encourage pedestrian activity, typical crosswalks shall not extend over 38 feet without a landscape median, bulb-outs, and/or other pedestrian refuge to mitigate the effects of vehicular traffic on crossing and increase pedestrian safety and comfort. (e ) Bulb-outs. To shorten pedestrian crossing distances, bulb-outs should be utilized at all intersections. The depth of the bulb-out shall match the utilized on- street parking, either the width of the parallel space or the depth of the diagonal space. (f) Curb Radii. Intersections should be designed for actual turning radius of the typical design vehicle as opposed to the maximum design vehicle. Small curb radii at intersections shorten pedestrian crossing distances and reduce vehicle turning speeds, thereby balancing the ease of travel of the vehicles and pedestrians. Refer to Figure 1003.158A(3). Recommended curb radii for streets adjacent to mixed use (MU) districts are 10 feet or less when on street parking is provided, and less than 30 feet when no on street parking is provided. Curb radii at the intersections of alleys and other streets shall be limited to 5 feet. (g) Bicycle Ways. Bicycle ways should be accommodated on all streets; however, a designated route should be determined to and through the Place Type District. Most Page 68 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... neighborhood local streets should include shared bicycle accommodations as opposed to designated routes. (h) Typical Street Sections. The following street types define the typical configurations for new streets within the Place Type Districts. (i) Neighborhood Collector Street. Each Place Type District may include a network of neighborhood collector streets where heavier vehicular and bicycle traffic is expected from those traveling through the neighborhood as well as those traveling to destinations within the Place Type District such as transit stations, shops and stores, and service uses. Refer to Figure 1003.158A (5) for a street section that outlines the typical configuration for the neighborhood collector street. (ii)Neighborhood Local Street. The neighborhood local street shall be utilized for the majority of new streets within a Place Type District, allowing for small-scale, slow-moving local traffic. The neighborhood local street should be utilized for all residential streets, especially those within the Edge Districts. Refer to Figure 1003.158A(6) for a street section that outlines the typical configuration for the neighborhood local street. (iii)Alley. Where alleys are utilized, a minimum 18’-0” private right-of-way or easement shall be provided with a minimum 16’-0” pavement width. Pavement may be concrete, asphalt, permeable concrete or asphalt, with no curb, rolled curb, slotted vertical, or standard vertical curb and gutter. (7)Designate Primary Streets. The intent of the Primary Street designation is to develop a network of streets with continuous building frontage and no vehicular access to limit conflicts between pedestrians and vehicular traffic. (a) Designate primary streets along all blocks faced and fronted with a shopping district. (b) All lots shall front at least one Primary Street, and that street frontage shall serve as the front of the lot, as referred to in the Building Type Standards. (c) Where lots have two primary street frontages, the applicant shall consult with county staff to determine which street frontage warrants primary designation and the front of the lot. Figure 1003.158(6) Neighborhood Local Configuration Figure 1003.158(5) Neighborhood Collector Street Configuration Figure 1003.158(4) Alley Configuration Figure 1003.158(3) Actual Right Turn Radius with On-Street Parking Figure 1003.158(2) Typical Street Components Figure 1003.158A(1) Typical Block Elements (8) Block Access Configurations (a) Vehicular access shall not be located off a primary street, unless the parcel is fronted by more than two primary streets, in which case, St. Louis County shall determine which is the appropriate street for vehicular access. The determination shall be based on locations of existing and proposed vehicular access points of other developments along the Primary Streets. (b) Blocks may include alleys, drives, or driveway entrances with the following recommended configurations. See Figure 1003.158A(4). (i) Mid-Block Access. This configuration includes an alley or drive running through the center of the block. (ii) “T” Configuration. This configuration includes two alleys within a Block that are perpendicular to each other, forming a “T,” allowing development to front on three block faces. (iii) “H” Configuration. Similar to the “T” configuration, this configuration allows development to front on all four block faces. (c) Access to blocks shall be aligned across the street from access to other blocks. (d) Mid-Block Pedestrian ways. Mid-block pedestrian ways are required on blocks longer than 800 feet. (i)When combined with mid-block street crossings, these pathways should align to facilitate easy pedestrian movements. (ii)Mid-block pedestrian ways should be located in the middle third of a block face. (9) Lots (a) Typical Lot Dimensions. All lots of record shall be developed to meet the requirements outlined in 1003.158-11, Building Type Standards. (b) Typical Lot Configuration. All lots shall have frontage along a public street unless otherwise specified in 1003.158-11, Building Type Standards. (i)Lot Shape. To create regular, rectangular lots, side property lines shall be perpendicular to the vehicular right-of-way to the maximum extent practicable, that the costs of compliance Page 69 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... clearly outweigh the potential benefits to the public or would unreasonably burden the proposed project, and reasonable steps have been undertaken to minimize any potential harm or adverse impacts resulting from noncompliance with the regulation. (ii)Through-Lots. Through-lots fronting on two parallel streets are not permitted with the exception of a lot covering 50 percent or more of a block. The two longest parallel street faces are treated as front property lines per building type requirements (Refer to 1003.158- 11). (iii)Corner Lots. Corner lots have a front yard along one street and a corner side yard along the other street. The front yard of a corner lot should be consistent with the front yard of one adjacent parcel. (A) The rear yard of a corner lot is the yard against an alley or another lot’s rear yard. (B) The side yard of a corner lot is adjacent to another lot. (iv)Flag Lots. Flag lots are prohibited. (c) Lot Orientation. For increased energy efficiency, the recommended lot orientation is along an east-west longitudinal axis. For single buildings, this lot orientation will encourage development of buildings with smaller east and west facades. (10) General Open Space Requirements For all Place Type Districts larger than 15 acres, the following are requirements for provision of open space. (a) Types of Open Space. The following types of open space are permitted within the Place Type Districts: (i)Plaza. A plaza is the hardscaped area between a quarter and two acres in size with either street right-of-way or building frontage on all sides and at least one side the equivalent of one quarter of the perimeter open to the street. (ii)Square. A square is a combination of hardscape and landscape between a quarter and three acres in size and surrounded by street frontage on all sides. (iii)Green. A green is a landscaped space between half and two acres with street right-of-way on at least 75% of the perimeter. (iv)Park. A park is a larger landscaped space, a minimum of two acres in size, with a quarter of the perimeter on street right-of-way. (b) Open Space Requirements. Refer to each Place Type District for specific open space requirements. (c) Mix Open Space Types. For developments with more than three open space areas, at least two different types shall be provided. (11) General Zoning District Layout For all Place Type Districts, the following outlines how the zoning districts should relate to one another. (a) All Districts. The following apply to all zoning districts. (i)Similar intensities of uses should face each other across the street. (ii)More intense uses that share blocks with less intense uses should be located on block ends. For example, the General Residential District should be located on corner parcels when on the same block as less intensive Edge District. (iii)Blocks may contain multiple zoning districts; however, changes in districts should occur along an alley, the rear property line, or at a corner parcel. (b) Shopping and Employment Districts. The following apply to all shopping and employment zoning districts. Shopping districts include all Mixed Use Districts: Main Street (MSMX), Transitional Mixed Use (TMX), Transit Oriented Development (TODX). Employment districts include: General Transit Oriented Development (GTOD), General Employment (GED). (i)Shopping districts are clustered into nodes of at least 10,000 square feet of gross building area. Minimum requirements for shopping district areas are noted on each Place Type and apply to development parcels five acres or greater. (ii)Nodes of shopping districts are uninterrupted and continuous. Employment Districts may be located between Shopping Districts and Residential Districts. (iii)Walkable shopping districts are located on a street perpendicular to any larger arterial or highway on the boundary of the Place Type District. The edge of the shopping district should be located within one block of the periphery of the Place Type District. (c) Buffers. When Place Type Districts back up to the rear of existing single family residential neighborhoods, one of the following shall be utilized: (i)Open Space. A linear buffer of open space shall be provided along those lot lines, with a minimum depth of 50 feet. (ii)Edge District. A street fronted on both sides by an Edge District shall be established parallel to the existing rear lot lines of the existing neighborhood. This establishes one row of Edge District lots that buffers the rear lots of the existing neighborhood. Edge Districts are permitted in all Place Type Districts as buffers. Page 70 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... Figure 1003.158(7) District Relationships 10. Form Based Code Zoning Districts Once the Place Type overlay district is in place, the form based code zoning districts may be established. The Form Based Code zoning districts have been developed for use with the Place Type Districts. The following summarizes the intent for each Form Based Code zoning district: (1) Main Street Mixed Use District (MSMX) The Main Street Mixed Use District establishes a low- to medium-scale main street-style form that permits a mix of uses serving adjacent neighborhoods and portions of the surrounding community. The form of this district establishes a street wall of building facades along the sidewalk, while focusing pedestrian-friendly retail and service uses on the ground story and residential and/or office uses in upper stories. (2)Transitional Mixed Use District (TMX) The Transitional Mixed Use District permits a range of low- to mid-scale building forms to transition from a heavily commercial area into a mixed use center or neighborhood. The form of this district allows development of a traditional main street building as well as the transitioning of existing strip centers towards the street and a more pedestrian friendly streetscape. Ground story uses include pedestrian-friendly retail uses, service uses, office uses, and potentially live-work units, serving the greater community. (3) TODX (Transit Oriented Development) Mixed Use District The TOD Mixed Use District is a medium- to high-scale district designed to serve adjacent neighborhoods as well as transit users visiting the associated station or stop(s). The form is a slightly more intensive version of a main street-style district establishing a street wall of building facades along the sidewalk, and focusing pedestrian-friendly retail and service uses on the ground story with residential and/or office in upper stories. (4)General TOD (Transit Oriented Development) District (GTOD) The General TOD District is a medium- to high-scale district that permits residential and office buildings, allowing residents to walk to a transit station or stop for a regular commute. The form of the district requires buildings to be oriented to the public space of the street, with courtyards and open space permitted. (5) General Employment District (GED) The General Employment District is a low- to medium-scale district that permits office and craftsman industrial uses, along with residential uses. The form of this district requires buildings to be oriented to the street, while still permitting landscape spaces and courtyards. (6) General Residential District (GRD) The General Residential District is a low- to medium-scale residential district that permits a range of residential building types, including apartment or condominium buildings, rowhouses or townhouses, and small lot houses. Small scale commercial may be included in the permitted building forms to serve the general neighborhood only. The form of this district requires buildings to be oriented to the street, while still permitting landscape spaces and courtyards. (7)Edge District (ED) The Edge District is a low-scale residential district that can serve as a buffer between more intensive districts and existing or proposed very low density surrounding residential developments. This district may be used in conjunction with the Traditional Neighborhood Place Type. 11. Uses in the Form Based Zoning Districts (1)General Provisions (a) Permitted and conditional uses available in each Form Based Code district are shown in Table 1003.158(8), Permitted Uses. (b) Uses listed in Table 1003.158(8) are defined in Section 12, Glossary of Terms. (c) Permitted (“”). These uses are permitted by-right in the Form Base districts in which they are listed. (d) Permitted in Upper Stories Only (“”). These uses are permitted by-right in the Form Base Zoning Districts in which they are listed, provided that the uses are located in the upper stories of a structure. These uses may also be located in the ground story provided that they are located beyond a depth of at least thirty feet from the front facade. (e) Permitted with Use Specific Standards (“”). These uses are permitted by-right in the Form Base districts in which they are listed, provided that they are developed utilizing the listed use specific standards. These standards are intended to alleviate any negative impacts associated with the use, making it appropriate in a district where it otherwise might not have been appropriate. (f) Requires a Conditional Use Permit (“”). These uses require a Conditional Use Permit (refer to Section 1003.181, Conditional Use Permits) in order to occur in the districts in which they are listed and must follow any applicable development standards associated with the use as well as meet the requirements of the conditional use. (g) A blank cell in the use table indicates that the land use is prohibited in that district. (h) When a proposed land use is not explicitly listed in Table 1003.158(8), Permitted Uses, the Director shall determine whether or not it is included in the definition of a listed use or is so consistent with the size, scale, operating characteristics and external impacts of a listed use Page 71 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... that it should be treated as the same use. Any such determination shall be made available to the public, and may be appealed to the Board of Zoning Adjustment. (2)Use Specific Standards The following standards apply to those Uses listed in the Permitted Use Table, Table 1003.158(8)), that are designated in a particular Form Base Code district as permitted with Use Specific Standards ("” ) (a) Stores and Shops. In the Form Based Code districts where stores and shops are permitted with use specific standards (“ ”), the following applies: (i)Permitted in the General Stoop Building only. (ii)Limited to corner lots, located generally on the corner of the building, and limited to a maximum of 25 percent of the ground floor of the building or 1,500 square feet, whichever is greater. (b) Arts and Craft Studios. In the Form Based Code districts where arts and craft studios are permitted with use specific standards (“”), the following applies: (i)Permitted in the ground floor only of the Row Building, associated with a live-work unit. (ii)Permitted in any floor of the General Stoop Building provided over 50 percent of the floor on which it is located is occupied by non- residential uses. (c) General Service. Refer to Table 1003.158(8), List of Typical Uses in General Service Use Category, for a list of services permitted in this category. In the Form Based Code districts where general service is permitted with use specific standards (“”), the following applies: (i)Permitted in the General Stoop Building only. (ii)Limited to corner lots, located generally on the corner of the building, and limited to a maximum of 25 percent of the ground floor of the building or 1,500 square feet, whichever is greater. (d) Recreational Facilities. In the Form Based Code districts where recreational facilities are permitted with use specific standards (“”), the following applies: (i)Gyms and associated uses, such as swimming pool, indoor courts, restaurant/cafe, are the only permitted uses. (ii)The entire gym is limited in size to occupying a maximum of 50 percent of the block face. Any associated restaurant/cafe use is exempt from this requirement. Other uses that occupy the block face as frontage uses (with gym uses in rear) shall be a minimum of 30 feet deep from the sidewalk inwards. (e) Office. In the Form Based Code districts where office is permitted with use specific standards (“”), the following applies: (i)Permitted in the ground floor only of the Row Building, associated with a live-work unit. (ii)Permitted in any floor of the General Stoop Building provided over 50 percent of the floor on which it is located is occupied by non-residential uses. Table 1003.158(8). Permitted and Conditional Use Table Permitted Use Table Uses Form Base Zoning Districts Requires a Conditional Use Permit Main Street MSMX TMX Transition TODX General GTOD General Employment General Residential Edge Residential & Lodging Single Family Residential Multifamily Residential Hotels Residential Care Civic & Institutional Auditoriums and Public Assembly Churches Clubs, Lodges, Meeting Rooms Library/Museum Police, Fire, and Postal Station Retail & Craft Stores and Shops Package Liquor Stores Arts and Craft Studios Service General Service Restaurants (free standing fast food) Large Scale Entertainment Night Club Recreational Facilities Schools for Business Office Office Infrastructure Parking Lots or Garages Public Utilities Telecommunication Tower (over 200’) Telecommunication Tower (under 200’) General Service Adult Daycare Barber Shop/Beauty Parlor/Spa Child Care, Nursery School Dry Cleaning Page 72 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... Film Drop Off and Pick Up Financial Institutions Framing Mailing & Copying Services Medical & Dental Offices Mortuaries Restaurants Theaters (other than multi-screen movie) Veterinary Clinic, Animal Hospital (no outdoor kennel) Table 1003.158(9). List of Typical Uses in General Service Use Category (6)Parking Lot. A lot that does not contain a permitted building type and is solely used for the parking of vehicles. In the Form Based Code districts where a parking lot is permitted with development standards (“”), the following apply: (a) Corner Lots. A corner lot shall not be used as a parking lot. (b) Adjacent Parking Lots. Two parking lots cannot be located directly adjacent to one another. (c) Single Family. Parking lot cannot be associated with a single family use. (d) Distance. Parking lot must be within 300 feet of the associated use unless: (i) At least 75 percent of the spaces are dedicated for public use. (ii) An approved parking agreement is in place. (e) Pedestrian Access. Must be connected to associated use by a dedicated, public pedestrian pathway, usually a sidewalk. (f) Commercial Vehicles. Parking lots specifically designated for only commercial vehicles are not permitted in any Form Based Code district. 12. Building Type Standards (1)Introduction The Building Types detailed in Section 1003.158-11(A-E)) Form Based zoning districts, outline the required building forms for new construction and renovated structures. All Building Types must meet the following requirements: (a)Form Based Zoning Districts. Each Building Type shall be constructed only within its designated districts (Refer to Table 1003.158(11), Permitted Building Types by Districts). (b)Uses. Each Building Type can house a variety of uses depending on the district in which it is located. Refer to 1003.158A(8), Uses for Form Based Code Districts for uses permitted. Some Building Types have additional limitations on permitted uses. (c)No Other Building Types. All buildings constructed must meet the requirements of one of the Building Types permitted within the zoning district of the lot. (d)Permanent Structures. All buildings constructed shall be permanent construction without a chassis, hitch, or wheels, or other features that would make the structure mobile, unless otherwise noted. (e)Accessory Structures. (i)Attached accessory structures are considered part of the principal structure. (ii)Detached accessory structures are permitted per each Building Type and shall comply with all setbacks except the following: (A) Detached accessory structures are not permitted in the front yard. (B) Detached accessory structures shall be located behind the principal structure in the rear yard. (C) Detached accessory structures shall not exceed the height of the principal structure and in no case shall be taller than two and a half stories. Figure 1003.158(10). Build-to Zone vs. Setback Line A setback line indicates the closest a building may be placed to a property line, but is silent on where behind that line a building may be placed. A build-to zone indicates a zone or area in which the facade of a building must be located. The use of a build-to zone allows some control over building placement, while the range provides some flexibility. This method also provides an element of predictability that is absent when the only requirement is to locate a building beyond a certain line. (2). Building Types Allowed in the Form Based Zoning Districts: Form Based Zoning Districts Main Street MU MU Transition TOD MU General TOD General Employment General Residential Edge Building Types Main Street Building General Stoop Civic Building Row Building Small Lot Residence Table 1003.158(11). List of building types allowed in Form-Based Districts. Page 73 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (A) Main Street Building Permitted Districts Main St. MSMX TMX Transition TODX (1) Building Siting Multiple Principal Buildings Not Permitted Permitted Not Permitted a Front Property Line Coverage 90% 1 65% 95% Occupation of Corner Required b Front Build-to Zone 0’ to 10’0’ to 15’0’ to 5’ c Corner Build-to Zone 0’ to 10’0’ to 15’0’ to 5’ f Minimum Side Yard Setback 0’0’0’ g Minimum Rear Yard Setback 5’5’5’ h Minimum Lot Width Maximum Lot Width None None 200’ None None None Maximum Impervious Coverage Additional Semi-Pervious Coverage 80% 20% 75% 25% 80% 20% j Parking Rear & side yard1 Rear & side yard Rear yard k Loading Location Rear & side yard1 Rear & side yard1 Rear yard l Vehicular Access From alley; if no alley exists, 1 driveway per street frontage (2) Height m Minimum Overall Height 1 story 1 story 2 stories n Maximum Overall Height 4 stories 2 4 stories 2 8 stories 2 o Ground Story: Minimum Height Maximum Height 14’ 20’ 3 14’ 24’ 3 15’ 24’ 3 p Upper Stories: Minimum Height Maximum Height 9’ 14’ 9’ 14’ 9’ 14’ (3) Uses q Ground Story Retail & craft, service Retail & craft, service, office Retail & craft, service r Upper Story Any permitted use s Parking within Building Permitted fully in basement and in rear of ground and upper floors t Required Occupied Space 30’ deep on all full floors from the front facade (4) Street Façade Requirements u Min. Ground Story Transparency Measured between 2’ and 8’ above grade 65% 65%75% v Minimum Transparency per each Upper Story 15%10%15% Blank Wall Limitations Required per Façade Requirements w Principal Entrance Location Front or corner facade Street Facades: Required Number of Entrances 1 per 75’ of facade Vertical Facade Divisions Every 30’ of façade width Every 50’ of façade width Every 30’ of façade width Horizontal Facade Divisions Required within 3’ of the top of the ground story (5) Entrance & Roof Type Requirements x Permitted Roof Types Parapet, Pitched, Flat Tower Permitted z Front Façade Permitted Entrance Type Storefront Storefront, arcade The Main Street Building is a mixed use building located at the front and corner property lines allowing easy access to passing pedestrians and transit riders. Parking may be provided in the rear of the lot, internally in the building, or, in some cases, one double loaded aisle of parking is permitted in the interior or the side yard at the front property line. The minimum and maximum heights of this building type depend on the District within which it is located: taller heights are permitted in the TODX, with lower heights in the other MU S Districts. Ground floor uses should be limited to those with some level pedestrian activity, such as retail and service uses, with additional commercial, office, and/or residential uses in the upper stories. Additionally, storefronts with large amounts of transparency and regularly space entrances off the street are required on the ground floor front facade of this building type. Regulations Regulations for the Main Street Building type are defined in the adjacent table. Figure 1003.158-11(A)3 Street Façade Requirements Figure 1003.158-11(A)2 Page 74 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... Height & Use Requirements Figure 1003.158-11(A)1 Building Siting B) (General Stoop Building Permitted Districts General GTOD General Employment General Residential (1) Building Siting Multiple Principal Buildings 1 Not Permitted Permitted a Front Property Line Coverage 85%65% 1 65% Occupation of Corner Required b Front Build-to Zone 0’ to 10’5’ to 15’ 5’ to 20’ c Corner Build-to Zone 0’ to 10’5’ to 10’5’ to 15’ f Minimum Side Yard Setback 5’5’10’ g Minimum Rear Yard Setback 5’15’ 2 25’ 2 h Minimum Lot Width Maximum Lot Width 50’ None 50’ None 50’ None Maximum Impervious Coverage Add’l Semi-Pervious Coverage 85% 15% 75% 15% 75% 15% j Parking Rear & side yard Rear & side yard 1 Rear & side yard 1 k Loading Location Rear & side yard Rear & side yard Rear & side yard l Vehicular Access From alley; if no alley exists, 1 driveway per street frontage (2) Height m Minimum Overall Height 1 story 1 story 2 stories n Maximum Overall Height 8 stories 3 4 stories 3 3 stories 3 o All Stories: Minimum Height Maximum Height 9’ 14’ 9’ 14’ 9’ 14’ (3) Uses q All Stories Any permitted use s Parking within Building Permitted fully in basement and in rear of ground and upper floors t Required Occupied Space 30’ deep on all full floors from the front facade (4) Street Façade Requirements u Minimum Transparency per each Story 15%12%15% Blank Wall Limitations Required per Façade Requirements w Principal Entrance Location Front or Corner Façade Street Facades: Required Number of Entrances 1 per 100’ of facade 1 per 150’ of facade 1 per 125’ of facade Vertical Facade Divisions Every 150’ of façade width Horizontal Facade Divisions Required within 3’ of the top of the ground story for all buildings over 2 stories (5) Entrance & Roof Requirements x Permitted Roof Types Parapet, Pitched, Flat y Tower Permitted z Front Façade Permitted Entrance Type Stoop, porch The General Stoop Building Type is limited in terms of uses by the District within which it is located, generally housing office and/or residential uses. Similar to the Main Street Building, the General Stoop building is intended to be built close to the front and corner property lines allowing easy access to passing pedestrians and transit riders. Parking may be provided in the rear of the lot, internally in the building, or, in some cases, one double loaded aisle of parking is permitted in the interior or the side yard at the front property line. The minimum and maximum heights of this building type depend on the District within which it is located: taller heights are permitted in the TODX, with lower heights in the other MU Districts. Regulations Regulations for the Main Street Building Type are defined in the above table. Figure 1003.158-11(B)3 Street Façade Requirements Figure 1003.158-11(B)2 Height & Use Requirements Figure 1003.158-11(B)1 Building Siting Page 75 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (C)Civic Building Permitted Districts Main St. MU MU Trans-ition MU TOD General TOD General Employ-ment General Residen- tial (1) Building Siting Multiple Principal Buildings Permitted Front Property Line Coverage N/A Occupation of Corner Not Required d Front Setback 5’10’0’10’15’15’ e Corner Setback 0’5’0’5’5’5’ f Minimum Side Yard Setback 5’5’5’5’5’10’ g Minimum Rear Yard Setback 5’15’ 2 15’ 2 15’ 2 15’ 2 25’ 2 h Minimum Lot Width Maximum Lot Width 50’ None 50’ None 50’ None 50’ None 50’ None 50’ None Maximum Impervious Coverage Add’l Semi-Pervious Coverage 75% 20% 75% 15% 80% 20% 75% 20% 75% 15% 75% 15% j Parking Rear Rear & interior side yard1 Rear Rear Rear & interior side yard1 Rear & interior side yard 1 k Loading Location Rear Rear & interior side yard1 Rear Rear Rear & interior side yard1 Rear & interior side yard 1 l Vehicular Access From alley; if no alley exists, 1 driveway per street frontage (2) Height m Minimum Overall Height 1 story 1 story 1 story 1 story 1 story 1 story n Maximum Overall Height 4 stories 3 4 stories 3 6 stories 3 6 stories 3 4 stories 3 2 stories 2 o All Stories: Minimum Height Maximum Height 9’ 20’ 4 9’ 20’ 4 9’ 20’ 4 9’ 20’ 4 9’ 20’ 4 9’ 14’ (3) Uses q All Stories Limited to civic & institutional uses only s Parking within Building Permitted fully in basement and in rear of ground and upper floors t Required Occupied Space 30’ deep on all full floors from the front facade (4) Street Façade Requirements u Minimum Transparency per each Story 12% Blank Wall Limitations Required Not Required Required Not Required w Principal Entrance Location Front or corner facade Street Facades: Required Number of Entrances 1 per 100’ of facade 1 per 150’ of facade 1 per 100’ of facade 1 per 150’ of facade 1 per 200’ of facade 1 per 150’ of facade Vertical Facade Divisions Not Required Horizontal Facade Divisions Not Required (5) Entrance & Roof Type Requirements x Permitted Roof Types Parapet, pitched, flat y Tower Permitted z Front Façade Permit. Entrance Type Stoop The Civic Building type is a more flexible building type intended only for civic and institutional types of uses. These buildings are distinctive within the urban fabric created by the other building types. In contrast to most of the other building types, a minimum setback line is required instead of a build to zone. Parking is limited to the rear in most cases. The minimum and maximum heights of this building type depend on the District within which it is located: taller heights are permitted in the TOD zoning Districts, with lower heights in the other Districts. Regulations Regulations for the Civic Building type are defined in the adjacent table. Figure 1003.158-11(C)3 Transparency and Building Entrance Requirements Figure 1003.158-11(C)2 Height & Use Requirements Figure 1003.158-11(C)1 Building Siting (D) Row Building Page 76 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... Permitted Districts General Residential Edge (1) Building Siting Multiple Principal Buildings 1 Permitted a Front Property Line Coverage 65% 2 65% 2 Occupation of Corner Required b Front Build-to Zone 5’ to 15’ 10’ to 25’ c Corner Build-to Zone 5’ to 10 5’ to 15’ f Minimum Side Yard Setback 0’ per unit; 15’ between buildings 0’ per unit; 20’ between buildings g Minimum Rear Yard Setback 5’ 15’ h Minimum Lot Width Maximum Building Width 18’ per unit maximum of 8 units per building 22’ per unit maximum of 6 units per building Maximum Impervious Coverage Additional Semi-Pervious Coverage 75% 20% 70% 25% j Parking / Garage Rear yard / façade 3 l Vehicular Access From alley; if no alley exists, 1 driveway per street frontage (2) Height m Minimum Overall Height 2 stories 2 stories n Maximum Overall Height 4 stories 3.5 stories o All Stories: Minimum Height Maximum Height 9’ 14’ 9’ 14’ (3) Uses q Ground Story Residential, arts & craft studio, office & service uses permitted Residential only r Upper Story Residential only s Parking within Building Permitted fully in basement and in rear of ground and upper floors t Required Occupied Space 30’ deep on all full floors from the front facade (4) Street Façade Requirements u Minimum Transparency per each Story 12% 4 12% Blank Wall Limitations Required per Façade Requirements w Principal Entrance Location per Unit Front, Corner, or Corner Side Façade Street Facades: Required Number of Entrances 1 per 100’ of Façade 1 per 150’ of Façade Vertical Facade Divisions Not Required Horizontal Facade Divisions Not Required (5) Entrance & Roof Requirements x Permitted Roof Types Parapet, Pitched, Flat Tower Permitted Permitted only on Corners z Front Façade Permitted Entrance Type Stoop, porch, storefront 5 Stoop, porch The Row Building is a building typically comprised of multiple vertical units, each with its own entrance to the street. This building type may be organized as townhouses or rowhouses, or it could also incorporate live/work units where such use is permitted. Parking is required to be located in the rear yard and may be incorporated either into a detached garage or in an attached garaged accessed from the rear of the building. However, when the garage is located within the building, a minimum level of occupied space is required on the front facade to ensure that the street facade is active. Regulations Regulations for the Row Building type are defined in the adjacent table. Figure 1003.158-11(D)3 Transparency and Building Entrance Requirements Figure 1003.158-11(D)2 Height & Use Requirements Figure 1003.158-11(D)1 Building Siting Page 77 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (E) Small Lot House Permitted Districts General Residential Edge (1) Building Siting Multiple Principal Buildings 1 Permitted a Front Property Line Coverage 65% 2 65% 2 Occupation of Corner Required d Front Setback 10’ 15’ e Corner Setback 7.5’10’ f Minimum Side Yard Setback 5’7.5’ g Minimum Rear Yard Setback 15’ 3 25’ 3 h Minimum Lot Width Maximum Lot Width 30’ 50’ 30’ 70’ Maximum Impervious Coverage Additional Semi-Pervious Coverage 70% 25% 65% 25% j Parking / Garage Rear yard / façade 4 l Vehicular Access From alley; if no alley exists, 1 driveway per street frontage (2) Height m Minimum Overall Height 1.5 stories 1.5 stories n Maximum Overall Height 3.5 stories 3.5 stories o All Stories: Minimum Height Maximum Height 9’ 14’ 9’ 14’ (3) Uses q All Stories Residential only s Parking within Building Permitted fully in basement and in rear of ground and upper floors t Required Occupied Space 30’ deep on all full floors from the front facade (4) Street Façade Requirements u Minimum Transparency per each Story 12%12% Blank Wall Limitations Required per Façade Requirements w Principal Entrance Location per Unit Front, Corner, or Corner Side Façade Street Facades: Required Number of Entrances Not Required Vertical Facade Divisions Not Required Horizontal Facade Divisions Not Required (5) Entrance & Roof Requirements x Permitted Roof Types Parapet, Pitched, Flat Tower Not Permitted z Front Façade Permitted Entrance Type Stoop, porch The Small Lot House is a residential only building, intended to incorporate yard surrounding all sides of the building. Parking and garages are limited to the rear only with preferred access from an alley. The Small Lot House will likely be mainly utilized in newly developing locations to create somewhat denser traditional neighborhoods, as with the Traditional Neighborhood Place Type, or as a buffer to existing neighborhoods with the Neighborhood Node Place Type. It is also permitted (within the General Residential District) within the Community Center Place Type. Regulations Regulations for the Main Street Building Type are defined in the adjacent table. Figure 1003.158-11(E)3 Transparency and Building Entrance Requirements Figure 1003.158-11(E)2 Height & Use Requirements Figure 1003.158-11(E)1 Building Siting 13. Building Type Table Standards The following explains and further defines the standards defined for each Building Type, refer to 1003.158-11(A-E). (1)Building Siting. Page 78 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (a) Multiple principal structures. The presence of more than one principal structure on a lot. (b) Front Property Line Coverage. Refer to Figure 1003.158(12), Measuring Front Property Line Coverage. Measurement defining the minimum percentage of street wall or building facade required along the street. The width of the principal structure(s) (as measured within the front build-to zone) shall be divided by the maximum width of the front build-to zone (BTZ). (i)Certain buildings have this number set to also allow the development of a courtyard along the front property line. (ii)Some frontage types allow side yard parking to be exempted from the front lot line coverage calculation. If such an exemption is permitted, the width of up to one double loaded aisle of parking, located with the drive perpendicular to the street and including adjacent sidewalks and landscaping, may be exempted, to a maximum of 65 feet. (c) Occupation of Corner. Occupying the intersection of the front and corner build-to zones with a principal structure. (d) Front BTZ or setback. The build-to zone or setback parallel to the front property line. Building components, such as awnings or signage, are permitted to encroach into the build-to zone (i)All build-to zone and setback areas not covered by building must contain either landscape, patio space, or sidewalk space. (e) Corner BTZ or setback. The build-to zone or setback parallel to the corner property line. (i)All build-to zone and setback areas not covered by building must contain either landscape, patio space, or sidewalk space. (f) Side Yard Setback. The minimum required setback along a side property line. (g) Rear Yard Setback. The minimum required setback along a rear property line. (h) Minimum & Maximum Lot Width. The minimum and maximum width of a lot, measured at the front property line. (i) Maximum Impervious Coverage. (Refer to Figure 1003.158 (13), Maximum Impervious & Semi-Impervious Coverage). The maximum percentage of a lot permitted to be covered by principal structures, accessory structures, pavement, and other impervious surfaces. (j) Additional Semi-Pervious Coverage. The additional percentage of a lot which may be surfaced in a semi- pervious material, including a green roof or pavers. (k) Parking & Loading Location. The yard in which a surface parking lot, detached garage, attached garage door access, loading and unloading, and associated drive is permitted. (l) Vehicular Access. The permitted means of vehicular ingress and egress to the lot. (i)Alleys, when present, shall always be the primary means of access. (ii)When alleys are not present, a driveway may be permitted per Building Type and, if an alternative is available, shall not located off a primary street. Figure 1003.158A(13) Maximum Impervious & Semi-Impervious Coverage Figure 1003.158A(12) Measuring Front Property Line Coverage (2) Height (a) Minimum Overall Height. The measurement point for the minimum overall height for the building shall be located within the build-to zone; stories above the required minimum height may be stepped back from the facade. (b) Maximum Overall Height. The sum of a building’s stories. (i)Half stories are located either completely within the roof structure with street-facing windows or in a visible basement exposed a maximum of one half story above grade. (ii)A building incorporating both a half story within the roof and a visible basement, when permitted, shall count the height of the two half stories as one full story. (iii)Some Building Types require a building facade to step back as its height increases. If required, the upper stories of any building facade with street frontage shall be setback a designated amount beyond the building facade of the lower stories. (c) Ground Story and Upper Story, Minimum and Maximum Height. (Refer to Figure 1003.158(15), Measuring Height). Each frontage type includes a permitted range of height in feet for each story. Additional information is as follows: (i)Floor height is measured in feet between the floor of a story to the floor of the story above it. (ii)Floor height requirements apply only to street-facing facades. (iii)For single story buildings and the uppermost story of a multiple story building, floor-to-floor height shall be measured from the floor of the story to the tallest point of the ceiling. (3)Uses (a) Ground and Upper Story. The uses or category of uses which may occupy the ground and upper story of a building. Refer to Section 1003.158-10, Uses in Form Based Zoning Districts. (b) Parking Within Building. The area(s) of a building in which parking is permitted within the structure. (c) Occupied Space. The area(s) of a building that shall be designed as occupied space. (4)Facade Requirements (a) Minimum Ground Story and Upper Floor Transparency. (Refer to Figure 1003.158(24), Measuring Transparency per Façade.) The minimum amount of transparency permitted on facades with street frontage, measured per story or per facade, depending on the Building Type. (i)Ground Story Transparency shall be measured between two feet and eight feet from the grade at the base of the front facade. (ii)Upper story transparency shall be measured from floor-to-floor of each story, including any visible basement story. (b) Blank Wall Limitations. A restriction of the amount of windowless area permitted on a facade with street frontage. If required, the following shall be met: (i)No rectangular area greater than 30 percent of a story’s facade, as measured from floor-to-floor, may be windowless; and (ii)No horizontal distance greater than 15 feet of a story’s facade may be windowless. (c) Principal Entrance Location. The facade on which the primary building entrance is to be located. (d) Street Facades: Number of Entrances. The maximum spacing between entrances on a building facade with street frontage. (e) Vertical Increments. The use of a vertically oriented expression line or form to divide the facade into increments no greater than the dimension shown, as measured along the base of the facade. Elements may include a column, pilaster, or other continuous vertical ornamentation a minimum of one and a half inch depth. Page 79 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (f) Horizontal Facade Divisions. The use of a horizontally oriented expression line or form to divide portions of the facade into horizontal divisions. Elements may include a cornice, belt course, molding, string courses, or other continuous horizontal ornamentation a minimum of one and a half inch depth. (5)Entrance Types Entrance type standards apply to the ground story and visible basement of front facades of all Building Types as defined in this Section. (a) General Provisions. The following provisions apply to all entrance types. (i)Intent. To guide the design of the ground story of all buildings to relate appropriately to pedestrians on the street. Treatment of other portions of the building facades is detailed in each Building Type standard (b) Applicability. The entire ground story street-facing facade(s) of all buildings shall meet the requirements of at least one of the permitted entrance types, unless otherwise stated. (ii)Measuring Transparency. Refer to Façade Requirements, Definition of Building Type Table Standards, for information on measuring building transparency. (iii)Visible Basements. Visible basements, permitted by entrance type, are optional. The visible basement shall be a maximum of one-half the height of the tallest story. (b) Storefront Entrance Type. The Storefront entrance type is a highly transparent ground story treatment designed to serve primarily as the display area and primary entrance for retail or service uses. (i)Transparency. Minimum transparency is required per Building Type. (ii)Elevation. Storefront elevation shall be between zero and one foot above sidewalk. (iii)Visible Basement. A visible basement is not permitted in this Entrance Type. (iv)Horizontal Facade Division. Horizontally define the ground story facade from the upper stories. (v)Entrance. All entries shall be recessed from the front facade closest to the street. (A)Recess shall be a minimum of three feet and a maximum of eight feet deep, measured from the portion of the front facade closest to the street. (B)When the recess falls behind the front build-to zone, the recess shall be no wider than eight feet. (c) Arcade entrance type. An arcade Entrance Type is a covered pedestrian walkway within the recess of a ground story. (i)Arcade. An open-air public walkway is required from the face of the building recessed into the building a minimum of eight and a maximum of 15 feet. (ii)Recessed or Interior Facade. Storefront entrance type is required on the recessed ground story facade. (iii)Column Spacing. Columns shall be spaced between ten feet and 12 feet on center. (iv)Column Width. Columns shall be a minimum of 1’-8” and a maximum 2’-4” in width. (v)Arcade Opening. Opening shall not be flush with interior arcade ceiling and may be arched or straight. (vi)Horizontal Facade Division. Horizontally define the ground story facade from the upper stories. (vii)Visible Basement. A visible basement is not permitted. Figure 1003.158A(15) Arcade Entrance Type Figure 1003.158(15) Arcade Entrance Type Figure 1003.158(14) Storefront Entrance Type Figure 1003.158A(14) Storefront Entrance Type (d) Stoop entrance type. (Refer to Figure 1003.158(16), Stoop Entrance Type). A stoop is an unroofed, open platform. (i)Transparency. Minimum transparency is required per Building Type. (ii)Stoop Size. Stoops shall be a minimum of three feet deep and six feet wide. (iii)Elevation. Stoop elevation shall be located a maximum of 2’-6” above the sidewalk without visible basement and a maximum of 4’-6” above the sidewalk with a visible basement. (iv)Visible Basement. A visible basement is permitted and shall be separated from the ground story by an expression line. (v)Entrance. All entries shall be located off a stoop. (e) Porch entrance type. (Refer to Figure 1003.158 (17), Porch Entrance Type). A porch is a raised, roofed platform that may or may not be enclosed on all sides. (i)Transparency. (A)Minimum transparency per Building Type is required. (B)If enclosed, a minimum of 40 percent of the enclosed porch shall be comprised of highly transparent, low reflectance windows. (ii)Porch Size. The porch shall be a minimum of five feet deep and eight feet wide. (iii)Elevation. Porch elevation shall be located a maximum of 2’-6” above the sidewalk without a visible basement and a maximum of 4’-6” above the sidewalk with a visible basement. (iv)Visible Basement. A visible basement is permitted. (v)Height. Porch may be two stories to provide a balcony on the second floor. (vi)Entrance. All entries shall be located off a porch. Page 80 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... Figure 1003.158A(16) Stoop Entrance Type Figure 1003.158A(17) Porch Entrance Type (6)Roof Types Roof type standards apply to the roof and top of all Building Types. (a) General Provisions. The following provisions apply to all roof types (i)Intent. To guide the design of the cap of all buildings. (ii)Applicability. All buildings shall meet the requirements of one of the roof types permitted for the Building Type. (iii)Measuring Height. Refer to Section 1003.158(18-21) Introducing Building Type Standards for information on measuring building height. (iv)Other roof types. Other building caps not listed as a specific type may be requested with the following requirements: (A)The height shall not exceed any of the roof types permitted for the Building Type. (B)The cap would not be disruptive to the surrounding area. (C)The design of the cap shall be reviewed by the staff. (b) Parapet roof type. (Refer to Figure 1003.158(18), Parapet Roof Type). A parapet is a low wall projecting above a building’s roof along the perimeter of the building. It can be utilized with a flat or low pitched roof and also serves to limit the view of roof-top mechanical systems from the street. (i)Parapet Height. Height is measured from the top of the upper story to the top of the parapet. (A)Minimum height is two feet with a maximum height of six feet. (B)Cap shall screen the roof and any roof appurtenances from the sidewalk across the street, but not to exceed maximum allowed height. (ii)Horizontal Expression Lines. An expression line shall define the cap from the upper stories of the building and shall also define the top of the cap. (iii)Occupied Space. Occupied space shall not be incorporated behind this roof type. (c) Pitched roof type. (Refer to Figure 1003.158(19), Pitched Roof Type). This roof type has a sloped or pitched roof. Slope is measured with the vertical rise divided by the horizontal span or run. (i)Pitch Measure. The roof may not be sloped less than a 4:12 (rise:run) or more than 16:12. (A)Slopes less than 4:12 are permitted to occur on second story or higher roofs. (ii)Configurations. (A)Hipped, gabled, and combination of hips and gables with or without dormers are permitted. (B)Butterfly roofs (inverted gable roof) are permitted with a maximum height of eight feet, inclusive of overhang. (C)Gambrel and mansard roofs are not permitted. (iii)Parallel Ridge Line. A gabled end or perpendicular ridge line shall occur at least every 100 feet of roof when the ridge line runs parallel to the front lot line. (Refer to Figure 1003.158 (20), Parallel Ridge Line). (iv)Roof Height. Roofs without occupied space and/or dormers shall have a maximum height on street-facing facades equal to the maximum floor height permitted for the Building Type. (v)Occupied Space. Occupied space may be incorporated behind this roof type. (d) Flat roof type. (Refer to Figure 1003.158(21), Flat Roof Type). This roof type has no pitch and overhanging eaves. (i)Configuration. Roofs with no visible slope are acceptable. Eaves are required on all street facing facades. (ii)Eave Depth. Eave depth is measured from the building facade to the outside edge of the eave. Eaves shall have a depth of at least 14 inches. (iii)Eave Thickness. Eave thickness is measured at the outside edge of the eave, from the bottom of the eave to the top of the eave. Eaves shall be a minimum of eight inches thick. (iv)Interrupting Vertical Walls. Vertical walls may interrupt the eave and extend above the top of the eave with no discernible cap. (v)No more than one-half of the front facade can consist of an interrupting vertical wall. (vi)Vertical walls shall extend no more than four feet above the top of the eave. (vii)Occupied Space. Occupied space shall not be incorporated behind this roof type. Figure 1003.158(21) Flat Roof Type Figure 1003.158(20) Parallel Ridge Line Figure 1003.158(19) Pitched Roof Type Figure 1003.158(18) Page 81 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... Parapet Roof Type (e) Towers. (Refer to Figure 1003.158 (22)). A tower is a rectilinear or cylindrical, vertical element, that must be used with other roof types. (i)Quantity. All Building Types, with the exception of the Civic Building, are limited to one tower per building. (ii)Tower Height. Maximum height, measured from the top of the parapet or eave to the top of the tower, is the equivalent of the height of one upper floor of the building to which the tower is applied. (iii)Tower Width. Maximum width along all facades is one-third the width of the front facade or 30 feet, whichever is less. (iv)Horizontal Expression Lines. An expression line shall define the tower from the upper stories, except on single family or attached house residential Building Types. (v)Occupied Space. Towers may be occupied by the same uses allowed in upper stories of the Building Type to which it is applied. (vi)Application. May be combined with all other roof types. (vii)Tower Cap. The tower may be capped by the parapet, pitched, low pitched, or flat roof types, or the spire may cap the tower. (6)Spire. (Refer to Figure 1003.158(23)). A spire is a long, tapering, cylindrical design element that can be attached to a tower or other roof type. (i)Permitted Location. Spires are permitted only on the Civic Building Type. (ii)Spire Height. Measured from the base of the spire to the top, including any decorative elements atop the apex of the spire, maximum height is 30 feet. Spire height is not limited. (iii)Spire Width. Maximum width, measured at the spire base is one-sixth the width of the front facade or 15 feet, whichever is less. A wider spire base, proportionate in height, is subject to the approval the Zoning Coordinator. (iv)Occupied Space. Occupied space is not permitted within the spire. (v)Application. May be combined with any other roof type. Figure 1003.158(23) Spire Figure 1003.158(22) Tower Figure 1003.158(24) Measuring Transparency per Facade Figure 1003.158(25) Measuring Height 1003.162 Landscaping Regulations 1. Scope of Provisions. This section contains the landscaping regulations that apply to all zoning districts. Developments subject to the conditional use permit procedure or planned district approval process may be required to exceed the requirements of this section. The intent is to preserve and enhance the landscape character of St. Louis County; improve the aesthetic quality of the built environment; promote retention and protection of existing vegetation; reduce the impacts of development on wetlands, streams and the natural environment; and enhance the value of current and future development. 2. General Regulations - Landscaping and Buffering This section lays out the process for determining the landscaping and buffering requirements on a development site. Landscaping in the front yard, abutting a roadway is based on the zoning and use of the property. For the side and rear property lines, there are two buffer zones or levels of landscaped area setback and number of plant materials. These buffer zones are determined by the use or zoning of the proposed site compared to the use or zoning of the adjacent site. (1) Front yard: (a) A twenty foot landscape buffer shall be required in all R Residence Districts, NU Non- Urban District and KP Karst Preservation District, planted with a minimum of one canopy tree and four shrubs, or one evergreen tree and four shrubs per twenty linear feet, rounded upward. (b) A fifteen foot setback shall be required in all C Commercial Districts and M Industrial Districts, planted with a minimum of one canopy tree and four shrubs, or one evergreen tree and four shrubs per twenty linear feet, rounded upward. (2) Side and rear yard Landscaping at the side and rear property lines shall be provided as follows: Buffer Zones Zoning or use of Page 82 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... adjacent site Zoning or Proposed use Single family Multiple family Commercial Single family none 1 1 Multiple family 2 none 2 Commercial 1 1 none Industrial 1 1 2 Outside storage 1 1 2 (a) Buffer zone 1 – 20 foot width along the property line with 2 canopy trees and 4 shrubs, or one canopy tree and one evergreen tree with four shrubs per twenty linear feet, rounded upward. (b) Buffer zone 2 – 10 foot minimum width along the property line with one canopy tree and four shrubs, or one evergreen tree and four shrubs per twenty linear feet, rounded upward. (i)Landscaping requirements may be reduced on infill lots and parcels with setbacks less than the required at the perimeter. (ii)Landscaping for form based or mixed-use districts shall be determined by the district development standards; however, parking lot perimeter landscaping may be required. (c) Alternative Landscape Plan In lieu of these requirements, a developer can submit an alternative landscape plan for review and approval by the Department of Planning. 3. Parking Lot Landscaping. (1) New Parking Lots All new surface parking lots containing 20 or more off-street parking spaces shall meet the standards of this section. (2) Parking Lot Expansion Existing surface parking lots that are expanded by 20 or more spaces, shall be required to meet the standards of this section only with respect to the expanded portion of the lot. (3) Interior Parking Area Landscaping (a) Required Landscape Area Parking lot landscape island 0All surface parking lots shall incorporate the following minimum interior landscaping: (i) Landscape islands of not less than 8 feet by 18 feet at the terminus of each row of parking that contain one tree and at least 50 percent vegetative cover other than turf grass (see figure to right); (ii)Within the parking rows, one landscaped island of not less than eight feet by eighteen feet for each 10 parking spaces or fraction thereof that contains one tree and at least 50 percent vegetative cover other than turf grass. (iii)A landscape median strip with a minimum width of six feet incorporated into the parking lot design to delineate the driveway entrance into the parking lot. One tree minimum shall be planted for every 40 feet of median. (b) Landscape Island Design (i) Required landscape islands shall not be separated by more than 10 parking spaces. For purposes of determining tree spacing, parking spaces may be counted in any rational sequence. (ii)Curbs used to protect landscape islands shall have 18 inch wide curb notches at frequent intervals to allow stormwater infiltration. (c) Landscape Strips and/or Swales Continuous landscape strips may be used in place of individual landscaped islands if they comply with the following standards: (i)The minimum width of a landscape strip shall be six feet and the minimum length shall be 72 feet. (ii)The landscape strip shall contain a minimum of one tree every 18 feet and at least 50 percent vegetative cover other than turf grass. (iii)If the size of the parking space is reduced due to use of curb notches and wheel stops allowing vehicles to overhang into the landscape strip, the width of the landscape strip shall be increased by at least 50% of the reduction in the parking space paved area (example, if two rows of parking spaces 17 feet long abut a landscape swale, the swale shall be a minimum of 8 feet in width). (d) Sidewalks as Median Strips A landscaped median strip within a parking lot that separates either parking rows or parking lots shall be allowed to count a sidewalk located within the median strip toward a part of the required Page 83 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... off-street parking lot landscaping. The intent of this sidewalk is to help facilitate safe pedestrian movement. This sidewalk must meet the following criteria if it is to be counted toward the required landscaping: (i) The sidewalk has a four-foot wide walking path and shall add two feet for vehicle overhang for each abutting parking stall or shall include wheel stops for each parking space, set 2.5 feet from the end of the parking space. (ii) The sidewalk runs the entire length of the divider strip. (iii) The sidewalk is bordered on at least one side by landscaping, of which the sidewalk cannot account for more than 50 percent of the area of the median strip. (4) Exceptions Perimeter landscaping exception 0 (a) These requirements shall not apply to parking structures. Landscape and buffer requirements may be applicable to these uses. (b) Parking spaces directly abutting a public street right-of-way are not required to have interior landscaping where the abutting landscaping meets the requirements of the perimeter landscape setback (see Fig to right). The remainder of the parking rows in the lot shall be landscaped pursuant to this section. 5. Plant Materials and Native Vegetation. This section requires the use of native landscaping for at least one-half of the landscaping on site. (1) Plant Selection and Design (a)The overall landscape plan shall not contain more than thirty-three percent of any one plant species. (b)Tree and plant materials shall be selected for: energy efficiency and water efficiency; adaptability and relationship to the native environment; color, form and pattern; ability to provide shade; soil retention; and resistance to fire. (2) Native Plants (a)All landscape plans must use at least 50 percent native and/or drought tolerant plant materials for landscaping to be installed, as appropriate for their location. A detailed plant list shall be included with all plans. (b)Use of invasive plants and noxious weeds for new landscaping is prohibited. Invasive plants are listed in the Missouri Department of Conservation’s Missouri Vegetation Manual. Noxious weeds are listed in the Missouri Department of Agriculture’s Missouri State Noxious Weed List. (3) Turf Grass If turf areas are included in landscaping, they must use a sod or seed mix specifically cultivated to thrive in the conditions present at the particular site. The use of non-native and/or high water consumptive turf such as Kentucky Blue Grass is discouraged. The applicant must provide information regarding the composition of a sod or seed mix. 6. Stream Buffer Setbacks All land development activity requiring a site plan or Site Development Plan approved by the Department of Planning or the Planning Commission, except land used for agricultural or farming purposes, or regional pedestrian/bike trails, shall meet the following minimum standards for vegetated buffers for stream protection. Stream buffers in residential subdivisions containing five (5) lots or more shall be in common ground. In large lot residential developments, single lot developments, and all other subdivisions the stream buffer may be in an easement. (1) For all natural waterways having a 100 year flood plain as depicted on the St. Louis County zoning maps, an undisturbed natural vegetative buffer shall be maintained for 50 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. For all other natural waterways, an undisturbed natural vegetative buffer shall be maintained for twenty-five (25) feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. (2) An additional twenty-five (25) foot building setback, measured horizontally beyond the stream buffer, shall be required. (3) If any waterway is required or permitted to be enclosed, the requirements for buffers or additional building setbacks may be waived by the Director of Planning. (4) All plans and plats shall clearly show the boundaries of any stream buffers on a subject property and clearly indicate the types of natural vegetation to be retained, restored or removed from the buffer area. (5) The following structures, practices and activities are permitted in the stream buffer, with specific design or maintenance features, subject to review by the Director of Planning: Page 84 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (a)Roads, bridges and utilities (including sanitary and storm sewers). The right-of-way shall be the minimum width needed to allow for maintenance access and installation. The angle of the right-of-way or utility crossing shall be perpendicular as possible to the natural watercourse or stream buffer in order to minimize clearing requirements. Plats and site plans shall include only the minimum number possible of such crossings. (b)Foot trails and paths. (6)Stream bank stabilization and stream buffer restoration projects approved by the Director of Planning are permitted within the vegetated buffer. (7)Water quality monitoring and stream gauging are permitted within the stream buffer. (8)Trash and debris and individual trees within the stream buffer that are in danger of falling, causing damage to dwellings or other structures, or causing blockage of the natural watercourse may be removed. 7. Tree Protection During Construction. Tree protection and retention is as approved on the Site Development Plan. If tree preservation is proposed, the developer shall take responsibility for protecting trees during construction. (1) Owner’s Responsibility During development, the owner or developer shall be responsible for the erection of any and all barriers necessary to protect any existing or installed trees from damage both during and after construction in accordance with the standards of this subsection. (2) Tree Protection Fencing (a) All significant trees intended for tree protection shall be fenced in accordance with this subsection before grading or other land-disturbing activity begins. Fencing shall extend at least one foot in distance from the edge of the tree for each inch of diameter at breast height (DBH) to a maximum of ten feet, but in no case closer than five feet to the trunk. The Director shall consider existing site conditions in determining the exact location of any tree protection fencing. (b)The developer shall erect a plastic mesh fence, chain link fence or similar product, a minimum of four feet in height at the drip line around each tree or group of trees to prevent the placement of debris or fill within the drip line of any tree. (c)The tree protection fencing shall be clearly shown on the site plan or the sketch plan associated with the land disturbance permit. No construction, land disturbance, equipment or material storage, or any other activity shall be allowed within the fenced area. Illustration of protective fencing 0 1003.165 OffStreet Parking and Loading Requirements General.PRIVATE 1. Scope of Provisions. The regulations contained in this section and the following sections shall govern the size, number, location, and design of all offstreet parking and loading facilities in the unincorporated areas of St. Louis County. 2. Minimum Parking and Loading Requirements. Uses in all zoning districts shall comply with the minimum requirements listed by use category in tables of the following sections: Commercial Uses Section 1003.165A Industrial Uses Section 1003.165B Institutional Uses Section 1003.165C Agricultural Uses Section 1003.165D Residential Uses Section 1003.165E Loading Section 1003.165F 3. Statement of Intent. The purpose of this section is to ensure provision of off-street parking and loading facilities in proportion to the generalized parking and loading demand of the different uses allowed by this Ordinance. The standards in this section are intended to provide for adequate off-street parking and loading while allowing the flexibility needed to accommodate alternative solutions. The standards are also intended to support development and redevelopment along commercial corridors, accommodating appropriate infill development, and encouraging pedestrian-oriented development Page 85 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (where appropriate) while avoiding excessive paved surface areas, and promoting low-impact development. Applicability (1)New Development The requirements of this section shall apply to all new development where there is the construction of a new structure (excluding accessory structures) or establishment of a new land use. No off-street parking space required under this Ordinance shall be used for any other purpose. (2) Change in Permitted Use (a)Where a change in use creates greater parking requirements than the amount being provided, an occupancy permit shall not be issued until provision is made for the increased amount of required off-street parking, except as specified in this Ordinance. (b)However, no additional parking spaces are required for permitted uses if located in a building authorized prior to 1978. (3)Expansions and Enlargements Where an addition is made to an existing use that increases the parking requirements for the use, additional parking shall be provided accordingly. (4) Reductions to Existing Spaces Existing parking, loading, and stacking spaces may not be reduced below the minimum requirements established within this section, except as specified in this Ordinance. 4. Off-Street Parking Requirements. (1) Parking and Loading Requirements The off-street parking and loading requirements for uses allowed by this Ordinance are listed in Tables 1003.165 A, B, C, D, E and F, Parking Requirements. Where no minimum requirement is specified, or when one or more of the parking requirements may be construed as applicable to the same use, lot or building, the final determination of required parking shall be made by the Director. Computation of Parking and Loading Requirements (a) Fractions When measurements of the number of required spaces result in a fractional number, any fraction shall be rounded down to the next lower whole number. (b) Multiple Uses Lots containing more than one use shall provide parking and loading in an amount equal to the total of the requirements for all uses, except as prescribed in Section 6.1.4. Adjustments and Alternatives. (c) Area Measurements Unless otherwise specified, all square footage-based parking and loading standards shall be calculated on the gross floor area of the use. Structured parking within a building shall not be included as floor area of the use. (d) Off-Street Loading and Service Areas Required off-street loading spaces shall not be counted as off-street parking spaces in the calculation of required off-street parking spaces. Parking spaces located in the bays of vehicle repair or service facilities, or stacking spaces in drive-through lanes for any use that requires additional parking spaces shall not be counted as parking spaces for the purpose of meeting the required parking for such a use. (2) Maximum Parking Spaces Allowed (a)Applicability Parking for any commercial or industrial use; non-residential use in any residential district, including but not limited to schools, places of worship, libraries, etc.; shall not exceed more than 120 percent of the requirement established in Parking Requirements, unless approved by the Director. Excess parking shall be provided on pervious pavement and be landscaped pursuant to Design Requirements for Excess Parking, below. (b)Maximum Parking Calculation Exceptions (i) For the purpose of calculating parking requirements, the following types of parking spaces shall not count against the maximum parking requirement: (A)Accessible parking, (B)Vanpool, carpool, and car sharing spaces, (C)Alternative fuel vehicle parking, (D)On-street parking adjacent to the lot or lots on which the parking is located, and (E)Structured parking, underground parking, and parking within, above, or beneath the building(s) it serves. (ii)For the purpose of calculating parking requirements, fleet vehicle parking spaces are not counted in calculating either the minimum or maximum requirements. (c)Maximum Parking Modifications Page 86 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (i)Parking Demand Study Requests to exceed the maximum parking requirement shall be accompanied by a parking demand study demonstrating how the maximum number of parking spaces specified in this ordinance are insufficient for the proposed development. (A) The maximum parking requirement may be modified by the Director when a parking demand study adequately addresses how the development meets the following criteria: (1) The proposed development has unique or unusual characteristics such as high sales volume per floor area or low turnover, that create a parking demand that exceeds the maximum ratio and that typically does not apply to comparable uses; (2) The parking demand cannot be accommodated by on-street parking, shared parking with nearby uses, or by increasing the supply of spaces that are exempt from the maximum ratio; or (3) The request is the minimum necessary variation from the standards. (ii)If application of the maximum parking standard would result in fewer than six parking spaces, the development shall be allowed six parking spaces. (d) Design Requirements for Excess Parking Parking that is provided in excess of the maximum parking requirement shall be required to include increased internal landscaping and incorporate pervious pavement as described below. (i)Pervious Surfaces Where more than 10 parking spaces in excess of the maximum specified in the Parking Requirements section are approved, those additional spaces shall be provided on pervious surfaces as approved by an appropriate site plan. If less than 10 additional spaces are approved, they do not have to be constructed on a pervious surface. (ii)Additional Landscaping Applicants that request parking that exceeds the maximum parking required by Parking Standards shall provide additional parking lot trees and landscaping either in the parking lot or across the entire development site as follows: The number of additional trees to be planted or preserved on-site is equal to one tree per two excess parking spaces provided (A)Form-Based Developments Where the provision of additional landscaping is restricted for developments subject to form-based site plan review due to site constraints, the applicant may provide sidewalk amenities or streetscape features as determined by the Director. Acceptable amenities may include: (1) Sidewalk planters between the parking area and building and/or parking area and the street; (2) Public art including but not limited to sculptures, fountains, clocks, or murals (3) Decorative fencing (such as wrought iron) around the perimeter of the parking area provided with seasonal plantings. 5. Accessible Parking. (1) Required Spaces The number and design specifications for required accessible parking spaces shall comply with St. Louis County’s Building Code, Accessible and Usable Building and Facilities Standards. 6. Drive-Through Vehicle Stacking. The following standards shall apply to businesses that contain a drive-through establishment, regardless if the drive-through is part of another use (e.g., restaurant or financial institution) or if it is a stand-alone use (e.g., automatic teller machine or car wash). (1) Stacking Space and Lane Requirements The number of required stacking spaces shall be as provided for in the Off-Street Parking Requirements section. Where no minimum stacking requirements are specified for a drive-through use, the number of required stacking spaces shall be determined by the Director. (2) General Standards (a) Stacking lanes shall comply with the following standards: (i)Drive-through stacking lanes shall have a minimum width of twelve feet. (ii)Stacking lanes shall be set back 20 feet from residentially zoned property lines. (b) Drive through areas shall comply with the following standards: (i)Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be located within 50 feet of any residential property line. (ii) All drive-through areas, including but not limited to menu boards, stacking lanes, trash receptacles, loudspeakers, drive up windows, and other objects associated with the drive-through Page 87 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... area shall be located in the side or rear yard of a property, and shall not cross, interfere with, or impede any public right-of-way. 7. Adjustments and Alternatives. All parking spaces required by this ordinance shall be located on the same parcel of land as the use to be served except the Director may approve alternatives to providing the number or location of off-street parking spaces required by Parking Standards, in accordance with the following standards. (1)Parking Reductions in “C-2”, “C-3”, “M-1”, and M-2” Districts The minimum off-street parking requirements for developments occupied by two or more commercial or industrial uses located in the “C-2”or “C-3” Shopping Districts or the “M-1” or “M-2” Industrial Districts may be reduced by ten (10) percent. Further, if such developments have more than 500,000 square feet in gross floor area under single ownership or management control, the minimum off-street parking requirements may be reduced by a maximum of twenty (20) percent. The reductions specified herein shall only be allowed if (1) reductions provide for adequate parking as demonstrated by a study of the combined uses and customary operation of the uses; and (2) the Director authorizes such reductions. (2)Credit for Public Parking (a) The Director may give credit for on-street parking spaces located within 500 feet of an entry of the building in which the use is located. (b) Spaces available in public parking structures located within 1,000 feet of the subject use may be counted toward the total amount of required off-street parking if the Director determines that the spaces are reasonably available for the use. (3)Cross Parking (Joint Parking) Parking for one or more uses in a commercial or industrial district may be provided on a separate lot when said lot is within a similar zoning district type and within 300 feet of the use to be served as measured along a pedestrian walkway designed to allow pedestrians to safely access the use. When the owners of two or more adjoining lots agree to provide cross parking, the total number of spaces provided shall equal the total number of spaces required for each use. Joint or cross parking provided in accordance with this paragraph shall be comprised of a minimum of twenty (20) stalls except when provided in conjunction with uses in the “C-1” Neighborhood Business District. Cross parking agreements must be reviewed and approved by the County Zoning Enforcement Officer. Subsequent to approval of such an agreement, a parking plan and an appropriate legal instrument of agreement among the owners of the properties shall be recorded with the County Recorder of Deeds. Such recorded plans and the agreement shall be binding upon the owners of the properties involved and their successors and assigns and shall limit and control the use of land included on the plan to those uses and conditions approved by the Zoning Enforcement Officer. (4) Shared Parking Where two land uses listed in separate use categories share a parking lot, parking lots, or structure, the total off-street parking required for those uses may be reduced based on a parking study approved by the Director. Said study should explain the parking demands of the land uses within the development and how business practices or hours of operation impact the demand for parking at different times of the day. Subsequent to approval of such a parking study, an appropriate legal instrument shall be recorded by the property owner with the County Recorder of Deeds. This legal instrument shall be binding upon the owner and his successors and assigns and shall limit and control the use of land included in the development to those uses and conditions approved by the Director. (5)Structured Parking (a)Maximum Parking Waiver Where 75 percent or more of the parking accessory to a use is in structured parking, there shall be no maximum cap on the number of parking spaces in that structure. (b)Floor Area Bonus for Underground Parking in the Commercial and Form Based Districts A floor area bonus shall be granted for underground parking structures in commercial, form- based districts. The bonus shall be granted at a ratio of three square feet of additional bonus area for each square foot of structured parking that is underground. (c)Height of Parking Structure The height of a parking structure may not exceed the height of the principal building it is intended to serve. Where no principal building exists, the maximum height of the parking structure shall be limited to the maximum building height allowed in the zoning district in which the structure is located. (6) Reduced Parking Requirements in Form-Based Districts (a)Sites in Form-Based Districts Page 88 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (i)In the form-based districts, the total requirement for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. However, all uses shall be eligible for a 15 percent parking reduction to reflect the reduced automobile use associated with form-based developments. (ii)The total number of required parking spaces in a form-district may be further reduced by the Director if the applicant prepares a parking study that demonstrates a reduction is appropriate based on the expected parking needs of the development, availability of mass transit, and similar factors. (7) Proximity to Transit Stations Regardless of the zoning classification, the minimum parking requirements for developments located within 1,000 feet of a transit station may be reduced by no more than an additional 15 percent provided such reduction is: (a)Based on a decreased demand resulting from the proximity of the transit station as demonstrated in a study authorized by the Director. (8) Reduced Needs Populations (a)Housing for the Elderly The off-street parking requirements for housing for the elderly in residential zoning districts may be reduced to 0.75 space per dwelling unit when approved by the Director. When such a reduction is approved, an area of sufficient size shall be designated on the site plan to accommodate additional parking, should conversion to conventional housing occur in the future. (b)Colleges and Universities (i) For collegiate schools, the parking requirements for each facility shall be reviewed in conjunction with site plan submittal. (ii) Each college/university shall submit an annual report in January of each year to specify the number of faculty, staff and contract employees employed, and the number of resident, non-resident, and freshman students as of September 30 of the previous year. The report shall include the number of parking spaces provided at the main campus location and the number of spaces provided at any off-site location(s). The Department of Planning may require additional information to be included in the report as deemed essential for determining compliance with St. Louis County regulations. (iii)In no case shall a collegiate school with a minimum student enrollment of 8000 students provide less than 5,144 parking spaces on its campus. 8. Deferred Parking. The Director may grant a deferral for construction of up to 30% of the off-street parking spaces required by this Ordinance in an industrial district; 20%in a commercial district and any other district. These parking spaces need not be constructed unless they are deemed to be necessary after full build-out occurs. Said demand would be made if the spaces were needed to meet the parking needs of the project. (1)Deferred Parking Plan (a)An applicant must submit an application for deferred parking that includes a written report that explains why the deferred parking is being requested. These reasons may include, but are not limited to the following: (i)Trip generation characteristics and time of day usage characteristics for similar uses show that the parking spaces can be reduced without causing parking to overlap into other nearby developments or onto public streets. (ii)Vehicles owned by the occupants are characteristically different from the norm or the proximity to employment, shopping, educational and transit developments is such that reduced auto usage would be anticipated. (iii)The immediate proximity to public transportation facilities serves a significant proportion of residents, employees, and/or customers. (vi)Operation of effective private or company car pool, van pool, car sharing, bus or similar transportation programs with proof of continued financial viability. (v)Evidence that a proportion of residents, employees, and/or customers utilize, have available or on a regular basis use bicycle or other transportation alternative commensurate with reduced parking requirements. (vi)Development may be done in phases, leaving areas in green space until the actual build- out determines additional parking is needed. The site must meet all parking requirements based upon square-footage actually built. (vii)The process to construct the deferred spaces if needed in the future (b)The application shall include a site plan depicting the total required parking on-site and the deferred parking area shall be labeled as reserved for future parking. (c)The land area delineated for deferred parking shall be shown on the plan with proposed finish grades and landscaping. Landscaping for the deferred parking area shall be as approved by the Planning Director with the remainder of the site landscaped per guidelines of this Ordinance. All landscaping shall be indicated on the plan submitted. (d)The owner of the property, or their designated party, shall notify the County of any change in the conditions that was the basis for a deferral. (2) Limitations on Reserve Areas Page 89 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... Areas reserved for future parking shall not be used for buildings, storage, loading, or other purposes, unless authorized by the Director. 9. Off-Street Parking Facility Design and Location. (1)Design Requirements The regulations of this subsection shall govern the dimensions of off-street parking spaces, including those provided in developments approved in planned districts or by special procedure prior to the enactment hereof, anything in such planned district or special procedure approval to the contrary notwithstanding. (a)Minimum Dimensions Except as otherwise provided for in this subsection, the requirements for off-street parking of the St. Louis County Zoning Ordinance shall be implemented with regard to the minimum dimensions in the following table: Parking Dimensions Parking Angle (degrees)Stall Width (feet) Min. Length Stall to Curb (feet) Aisle Width (feet) Curb Length per Car (feet) Curb to Curb (feet) Center to Center Width Double Row (feet) [1] A B C D E F G 45 9.0 19.7 12.5 12.7 51.9 45.6 60 9.0 21.0 17.5 10.5 59.5 55.0 90 9.0 19.0 22.0 9.0 60.0 -- Notes [1] With aisle between; additional width may be required where the aisle serves as the principal means of access to on-site buildings or structures. A. parking angle B. stall width C. 19' min. stall to curb D. aisle width E. curb length per car F. curb to curb G. center to center width of double row with aisle between (i) Additional Parking Angles In the event that the desired parking angle is not specified by the above table, the St. Louis County Department of Planning may specify other equivalent dimensions associated with the desired parking angle by interpolating from dimensions listed in the table. (ii)On-site Parallel Parking On-site parallel parking stalls shall be 9.0 feet x 22.0 feet adjacent to a 22-foot two-way lane or 15-foot one-way lane. (iii)Exceptions for Landscaping Parking spaces may be 17 feet in length if they abut a bio-retention area. Wheel stops are to be placed at the end of all parking spaces in this instance. (b) Paving In all zoning districts, all parking and loading areas, including driveways, shall be paved with impervious or pervious pavement, except in the "FP", "PS", "NU", KP and "R-1" Districts, where the Department of Highways and Traffic and the Department of Planning may approve an alternate dustproofing method. Equipment or vehicle storage may be allowed on an approved alternate dustproof surface in the “C-7”, “M-1” and “M-2” Districts. (c) Circulation Routes All areas for off-street parking and loading in the "C-1", "C-2", "C-3", "C-4", "C-6", "C-7", “M-1”, and “M-2” Districts shall be so arranged that vehicles at no time shall be required to back into any street or roadway to gain access thereto. (d) Access Off-street parking areas in the "C" Commercial or "M" Industrial Districts shall provide ingress and egress to any public right-of-way only at such location as approved by the St. Louis County Department of Highways and Traffic. (2) Vehicle Charging Stations (a) Vehicle Charging Stations are permitted as accessory uses in any parking lot. Page 90 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (b) A site plan is required to review circulation and setbacks. (3) Location of Parking Spaces and Facilities (a) On-Premise Parking All parking spaces required by this Code shall be located on the same parcel of land as the use to be served except as provided in this Section. (b) Off-Premise Parking The Director may permit an off-premise parking facility to accommodate either required or additional parking subject to the following conditions: (i) The off-premise parking facility shall be located within 1,000 feet from an entrance (as measured along the shortest legal, practical walking route) to the structure for which it will be used. (ii) Off-premise parking shall be connected to the use by acceptable pedestrian facilities, such as a sidewalk or surfaced path. (iii) Neither residential parking nor accessible parking may be provided for in off-premise facilities. (iv)Off-campus parking facilities for urban universities may be used to fulfill up to 10% of the parking requirement when approved by a study, as authorized by the Director. (c)Flood Plains and Floodways Minimum off-street parking and loading requirements as specified in this section shall not include parking and loading spaces located in the flood plain or floodway, as determined by the Department of Highways and Traffic, except when accessory to a Permitted or Conditional Use in the "FP" Flood Plain District. (d)"PS" Park and Scenic, "NU" Non-Urban, “KP” Karst Preservation and "R" Residence Districts (i)Lot Coverage (A) In the "NU" Non-Urban and all "R" Residence Districts, parking spaces provided in an enclosed structure shall not project beyond any required yard, setback or building line. (B)Parking spaces provided in an unenclosed area shall not encroach upon the required front yard of any "NU" Non-Urban, “KP” Karst Preservation or "R" Residential District. (C) The required The limitations of this paragraph may be modified in a development Authorized under Section 1003.187 Planned Environment Unit Procedure. (ii) Setbacks (A) An area used for off-street parking spaces for five (5) or more vehicles, when located in any "PS" Park and Scenic, "NU" Non-Urban, “KP” Karst Preservation or "R" Residence District, shall not be closer to an adjoining "PS" Park and Scenic, "NU" Non-Urban or "R" Residential District than ten (10) feet. (e) "C" Commercial or "M" Industrial District (i) Lot Coverage (A) In a "C" Commercial or "M" Industrial District, no unenclosed parking or loading space or internal drive, except for ingress and egress drives, shall be closer to the street right-of-way than 15 feet. (B) The area within 15 feet of the street right-of-way shall be landscaped as approved by the Department of Planning and such landscaping shall be adequately maintained. (C) The limitations of this paragraph may be modified in a development plan when authorized under Section 1003.145 "C-8" Planned Commercial District or Section 1003.155 "M-3" Planned Industrial District. (ii) Setbacks (A) In a "C" Commercial or "M" Industrial District, no unenclosed parking or loading space or internal drive shall be closer than ten (10) feet to any adjoining "PS" Park and Scenic, "NU" Non-Urban, “KP” Karst Preservation or "R" Residence District. 10. Bicycle Parking. (1) Required Number of Spaces Bicycle parking shall be required as follows: Bicycle Parking Use Bicycle Parking Spaces [1] Multiple-family 2 or 1 per 20 units whichever is more Office, Government, Health Care 2 or 1 per 40,000 sq. ft. Commercial sales and service 2 or 1 per 10,000 sq. ft. Community use (non-utility)2 or 1 per 10,000 sq. ft. Education 2 per classroom All other non-residential uses A minimum of two bicycle parking spaces plus one space for every 10 off-street vehicle parking spaces to a maximum of 10 bicycle parking spaces Notes: [1] Whichever measurement results in the higher number of spaces. (2) Design and Location Page 91 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (a) Bicycle parking facilities shall include a rack or storage facility (e.g., locker) that enables bicycles to be secured. Where racks are used, they shall meet the following standards: The bicycle frame and one wheel can be locked to the rack with a high-security, U- shaped shackle lock if both wheels are left on the bicycle; (i)A bicycle six feet long can be securely held with its frame supported so that the bicycle cannot be pushed or fall in a manner that will damage the wheels or components; and (ii) The rack must be securely anchored. (iii)Bicycle racks and storage facilities shall be accessible without moving another bicycle. (b) Bicycle racks and storage facilities shall be located in convenient, visible, well-lit areas with easy access and near main entrances of all commercial, residential, and institutional buildings. Such locations shall be clearly noted with signage. (c)The racks and storage facilities shall be located so they do not interfere with pedestrian traffic and shall be protected from potential damage by motor vehicles. (d)Bicycle parking shall not be within any required landscape area nor interfere with any pedestrian pathway. (e)Parking structures, both above- and below-ground, shall provide at least one-half of all bicycle parking within such structure. 1003.165A OffStreet Parking and Loading Requirements Commercial.PRIVATE Retail sales, business, personal and professional services, and office and research service facilities shall provide offstreet parking and loading facilities as follows: Use Minimum Minimum Parking Loading Requirements Requirement Section 1003.165F Commercial Uses Animal Care and Pet Daycare Kennels and Pet Daycare 2 spaces; plus 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in the operation of the use or stored on the premises. None Veterinary Clinics and Hospitals 3 ½ Spaces for every 1000 sq. ft. gross floor area None Boat and Marine Boat Dock, Harbor, Marinas 2 + 1 per 3 boat slips None Eating and Drinking Establishments Restaurants, Bar, Cocktail Lounge Restaurants, less than 1,500 sq. ft. 1 space for every 3 seats plus 2 spaces for every 3 employees on the maximum shift 4 spaces for every 1,000 square feet of gross floor area None Nightclubs 25 spaces per 1000 sq. ft. of gross floor area, including outdoor areas None Restaurants, Fast Food 1 space for every 2 seats plus 2 spaces for every 3 employees on the maximum shift and one space at order stations, with 5 stacking spaces per station None Motor Vehicle Sales and Service Motor Vehicle Sales and Service Auto parts stores, except auto parts departments of department or similar stores 3 1/3 spaces for every 1000 sq. ft. gross floor area See Table B Car Wash, except self service One vehicle in each bay and 5 stacking spaces per bay None Car Wash, self service One vehicle in each stall and 4 stacking spaces per stall None Page 92 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... Filling Station (service station)1 space for every employee on the maximum shift None Auto Sales 3 1/3 spaces for every 1000 sq. ft. gross floor area of sales and showroom area, 3 spaces for every service bay in repair garage areas, and one space for every vehicle customarily used in the operation of this use or stored on the premises. This shall not include space provided for vehicles for sale or lease. See Table A Towed Vehicle Storage Yards 2 spaces for every 3 employees on the maximum shift plus 1 space for every vehicle customarily used in operation of the use or stored on the premises None Vehicle Service Centers and Repair Facilities 1 space for every employee on the maximum shift, 3 spaces for every service bay, and 1 space for every vehicle customarily used in operation of the use.None Office Offices and Office Buildings (except as noted herein)3 1/3 spaces for every 1000 sq. ft. gross floor area None Recrea-tion/ Entertainment - Indoor Auditoriums, Theaters, Meeting Rooms and Places for Public Assembly (except as noted herein) 1 space for every 4 seats or 1 space for every 50 sq. ft. of floor area used for public assembly.None Banquet Facilities 1 space for every 50 sq. ft. of floor area used for public assembly None Bowling Alleys 4 spaces per alley None Community Centers and Private, Not- For-Profit Recreation Centers, including Gymnasiums and Indoor Swimming Pools 3 1/3 spaces for every 1000 sq. ft gross floor area None Fitness centers under 1,500 sq. ft.4 spaces for every 1000 sq. ft. gross floor area None Fitness centers 1,500 sq. ft. or more 1 per 300 sq. ft. (?) None Gymnasium without bleachers or fixed seating (except as noted herein)1 space for every 100 sq. ft. gross floor area None Handball, Racquetball Courts 3 spaces for every court None Ice and Roller Rinks 1 space for every 100 sq. ft. of skating area or playing surface None Indoor Soccer 50 spaces for every playing field, plus 1 space for every 3 seats of spectator seating (one seat equals two feet of bench length), plus 2 spaces for every 3 employees on the maximum shift, but in no case less than 100 spaces None Recreation Centers 3 1/3 spaces for every 1000 sq. ft. gross floor area None Retreats, without dormitories Sufficient parking area such that no vehicle need be parked on any street None Recrea tion and Entertainment - Outdoor Amusement Parks 1 sq. ft. of parking for each sq. ft. of public activity area None Athletic Fields 20 spaces for every diamond or athletic field, or 1 space for every 4 seats, whichever is greater. (One seat is equal to 2 feet of bench length)None Batting Cages, Shooting Ranges 1 space per cage or firing station None Camping 1 dust free 10 x 30 space for every campsite None Drive-In Theaters 6.0 + 1.0 per outdoor speaker facility None Fairgrounds Sufficient open land convertible to parking such that no vehicle need be parked on any street None Go Cart Raceways 1 space per cart, plus 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises None Golf Courses Space equivalent to 1 percent of the total land area. Parking areas along roads or private drives may be used to fulfill this requirement None Golf Driving Ranges 1 per 300 sq. ft. of indoor area + 1 per tee None Miniature Golf 2 per hole None Parks, Playgrounds, Picnic Grounds Space equivalent to 1 percent of the total land area. Parking area available along park roads or private drives may be used to fulfill this requirement None Racetrack 1 space for every 4 seats. (One seat is equal to 2 ft. of bench length)None Stadiums, Sports Arenas, and Gymnasiums with spectator facilities 1 space for every 4 seats. (One seat is equal to 2 ft. of bench length) See Table A Swimming Pools 2 spaces for every 100 sq. ft. of water area None Court Sports (tennis, volleyball, basketball, etc.) 3.0 spaces per court None Page 93 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... Retail Sales and Service Automatic Teller Machine (ATM), Freestanding One space at each machine and 2 stacking spaces per machine None Cigar and Newspaper Stands No parking required None Equipment Sales, Service, Rental, and Repair 3 1/3 spaces for every 1000 sq. ft. gross floor area See Table A Financial Institutions 3 1/3 spaces for every 1,000 sq. ft. gross floor area (excluding under canopy). For drive-through tellers, one vehicle at each teller and 2 stacking spaces per teller None Fishing Tackle and Bait Shop 1 space per 300 sq. ft. of gross floor area None Food Markets under 5,000 sq. ft. gross floor area (convenience store)3 1/3 spaces for every 1000 sq. ft. gross floor area See Table B Food Markets, 5,000 sq. ft. gross floor area and over 4 spaces for every 1000 sq. ft. gross floor area See Table A Furniture Store, Retail 1 space per 400 sq. ft. gross floor area See Table A Home Improvement Centers 4 spaces for every 1000 sq. ft. gross floor area See Table B Kiosk, drive-through (freestanding) One vehicle at each window and 3 stacking spaces per window None Laundry and Dry Cleaning Pick-up 4 spaces for every 1000 sq. ft. gross floor area Table A Mail Order Sales 1 space for every employee, plus one space for every vehicle customarily used in operation of the use or stored on the premises Table A Mortuaries 1 space for every 5 seats, 10 space minimum None Personal Service Facilities 4 spaces for every 1000 sq. ft. gross floor area None Small Loan Businesses 3 1/3 spaces for every 1,000 sq. ft. gross floor area None Commercial Service Retail Sales Uses (except as noted herein) 4 spaces for every 1000 sq. ft. gross floor area Table B Self-Service Storage Mini-warehouses/Self-Storage Facilities 3 1/3 spaces per 1000 sq. ft. of office, 1 space for caretaker, drive aisles a minimum of 24 feet in width Table B Visitor Accommodation Hotel or motel 100 guest rooms or fewer: 1 per guest room 101 to 150 guest rooms: 0.85 per guest room More than 150 guest rooms: 0.70 per guest room See Table B See Table B See Table B Retreats, having dormitories 1 per 2 beds None 1003.165B OffStreet Parking and Loading Requirements Industrial.PRIVATE Industrial uses shall provide offstreet parking and loading facilities as follows: Use Minimum Minimum Parking Loading Requirements Requirement Section 1003.165F INDUSTRIAL USES Indust rial Services Plumbing, Air Conditioning, and Heating Equipment (sales, repairs, and warehousing) 3 1/3 spaces for every 1000 sq. ft. of sale and office area, 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises See Table A Page 94 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... Research Facilities and Laboratories (under the same ownership or management), less than 100,000 sq. ft. 3 1/3 spaces for every 1000 sq. ft. of gross floor area up to 50,000 sq. ft., plus 2 1/2 spaces for every 1000 sq. ft. gross floor area over 50,000 sq. ft. See Table B Research Facilities and Laboratories (under the same ownership or management), 100,000 sq. ft. or larger 300 spaces plus 2 spaces for every 3 employees over 400 employees See Table B Laundry or Dry Cleaning Plants 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises See Table A Blacksmith, Sheet metal, and Welding Shops 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises See Table A Manufact uring and Produc tion Manufact uring and Produc tion Animal Slaughtering, Meatpacking and Rendering 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises See Table A Extraction of Raw Materials, Logging Operations 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises None Manufacturing and Fabrication 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises See Table A Steel Mills, Foundries, or Smelters 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises See Table A Warehouse and Freight Movement Warehousing and Wholesaling 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises; 3 1/3 spaces for every 1000 sq. ft. gross floor area used for offices See Table A Waste-Related Junkyards, Wrecking Yards, Salvage Yards, Landfills 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises None Reclamation Plants 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises See Table A Recycling Center (indoor or outdoor) If a primary use, one space for each attendant plus one space for each separate recycling bin or area. If an accessory use, one additional space for each attendant plus one space for each separate recycling bin or area See Table B 1003.165C OffStreet Parking and Loading Requirements Institutional.PRIVATE Institutional uses shall provide offstreet parking and loading facilities as follows: Use Minimum Minimum Parking Loading Requirements Requirement Section 1003.165F Public and Institutional Uses Communications Radio, T.V., and Other Communication Facilities 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises None Clubs and Lodges 1 space for every 4 seats or 1 space for every 3 members See Table B Community Service and Civic Place of Worship 1 space for every 4 seats, (one seat equals 2 feet of bench length) plus 1 space for every vehicle customarily used in operation of the use or stored on the premises None Libraries, Reading Rooms 5 spaces for every 1000 sq. ft. gross floor area, 1 space for every 6 seats in an accessory auditorium, and 2 spaces for every 3 employees on the maximum shift None Day Care Child Care Centers, Day Nurseries, and Adult Day Care Centers 1 space for every 6 children or adults enrolled; plus 1 space for every vehicle used in the operation of the use. A safe pedestrian walkway system as approved by the Department of Planning through parking areas to the building entrance, with a safety zone a minimum of None Page 95 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... fifteen (15) feet in width between parking spaces in front of the building entrance, shall be provided in addition to standard driveway and parking requirements. Education Schools, Collegiate 2 spaces for every 3 employees on maximum shift, 2 spaces for every 5 non-freshman resident students, 2 spaces for every 9 non-resident, commuting students None Schools, Public, and Private, all Grades and Vocational Schools, Special 1 space for every classroom and office, and 1 space for every 4 student over 16 years of age 1 space for every classroom and office None Govern ment Fire or EMS Stations 1 space for every employee on the maximum shift None Police Stations 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises None Postal Stations 1 per 300 sq. ft.See Table A Health Care Hospitals 1 space for every 2 beds, plus 1 space for every staff doctor and employee on the maximum shift See Table B Medical and Dental Offices and Clinics 4 1/2 spaces for every 1000 sq. ft. gross floor area See Table B Nursing Homes (Skilled Care) 1 per 5 beds See Table B Open Space Cemeteries 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises None Transportation Airports, Heliports, and Landing Strips 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises, plus one space for every 200 sq. ft. of lobby area. See Table A Railroad Switching Yards 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises None Terminal (air, bus, railroad, truck, and watercraft) 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises, plus one space for every 200 sq. ft. of lobby area. See Table A Highway Department Garages 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises None Utility Public Utilities and Sewage Treatment Plants 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises None 1003.165D OffStreet Parking and Loading Requirements – Agriculture Agriculture uses shall provide offstreet parking and loading facilities as follows: Use Minimum Minimum Parking Loading Requirements Requirement Section 1003.165F Agricultural Uses Agricul ture Agriculture Operations, Farm Buildings Sufficient open land available for parking so that no vehicle need be parked on any street None Produce Stands, Plant Nurseries and Greenhouses, Commercial Vegetable, Flower Gardens and Farmer’s Markets These uses are currently listed separately in the Zoning Ordinance 4 spaces for every 1,000 sq. ft. of indoor and outdoor sales areas None Forest and Wildlife Reservations Sufficient open land available for parking so that no vehicle need be parked on any street None Community Garden None None 1003.165E OffStreet Parking and Loading Requirements Residential.PRIVATE Residential uses shall provide offstreet parking and loading facilities as follows: Page 96 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... Use Minimum Minimum Parking Loading Requirements Requirement Section 1003.165F Resident ial Uses Household Living Dwellings, Two Family 1 space for each living unit None Dwellings, Multiple Family, Row Houses, or Other Group or Attached House Arrangements 1 1/2 spaces for every living unit None Dwellings, Single Family Detached (including single family earth sheltered)1 space per dwelling unit None Upper Story Dwelling (above nonresidential use), Live/Work Unit 1 space per dwelling unit None Group Living Group Home for Elderly (Assisted Living Units) Group Home for Elderly (Reuse of a single family home);Group Homes for the Developmentally Disabled; Group Living Facilities for Religious Purposes 1 space per 2 units, plus 2 spaces for every 3 employees on the maximum shift 2 spaces for each such use None Dormitories or Group Living Facilities 1 space per 4 beds and 1.0 per 100 sq. ft. assembly area None 1003.165F Minimum Loading Requirements.PRIVATE When required in conjunction with uses specified elsewhere in this Chapter, loading spaces shall be provided in accordance with the following tables. Table A: Minimum Number of Loading Spaces Gross Floor Area (sq. ft.)Number of Minimum 10 ft. by 40 ft. Loading Spaces 5,000 – 24,000 1 24,000 - 60,000 2 60,000 - 96,000 3 96,000 - 144,000 4 144,000 - 192,000 5 192,000 - 240,000 6 240,000 - 294,000 7 294,000 - 348,000 8 For each additional 54,000 1 additional loading space (24) Each 10’ x 40’ loading space shall have a height clear of obstruction of not less than 14 ft. Table B Minimum Number of Loading Spaces Number of Loading Spaces Gross Floor Area (sq. ft.)Minimum 10 ft. by 25 ft.Minimum 10 ft. by 40 ft. 2,000 - 10,000 1 10,000 - 25,000 2 25,000 - 100,000 2 1 For each additional 100,000 1 additional loading space 1003.167 Miscellaneous Regulations. 1. Scope of Provisions. This section contains miscellaneous regulations generally applicable to various sections of this Chapter. 2. Every single family dwelling hereafter erected or structurally altered shall be located on a separate lot or tract. In no case shall there be more than one single family dwelling on one lot or tract except for accessory buildings or uses, as defined herein, and except for any structure authorized as part of a special procedure requiring submission to the Planning Commission of any type of site development plan for review and approval. Page 97 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... 3. No accessory land use or development shall be established until a primary structure or use is established on the same lot. No accessory land use or development shall be allowed to continue after termination of the primary use or development on a lot. 4. In the event two or more permitted, conditional or accessory uses are conducted on the same tract of land, each having a different minimum lot area requirement, the minimum lot area regulations for the combined uses shall be the largest of the required minimum areas for each of the particular uses. 5. Land area to be utilized for multiple family access easements and large lot roadway easements need not be deducted from gross site area in calculating the maximum number of dwelling units permitted on a parcel or tract of land. 6. Land dedicated to street right-of-way shall not be included in computing minimum lot area for the purposes of this Chapter. However, if through dedication of street right-of-way the area of any lot or parcel already established via the provisions of the Subdivision Ordinance is decreased below the minimum area required in the applicable zoning district, development rights shall not be denied. 7. Where a line has been established for future widening or opening of a street upon which a lot abuts, the required yard space shall be measured from the established future street line. Required yard space shall be measured from private roadway easement boundaries or from road maintenance or other road related easements where such easements abut public road rights-of-way. 8. Each corner lot shall have a rear yard and a side yard with minimum setback requirements of the applicable zoning district. The side and rear yards shall be identified by the owner of the corner lot when plans are submitted for the first building on the property. [9. All illumination structures, except for approved street lights, shall maintain a cut-off angle of not greater than 85 degrees and shall be so arranged as not to cast light greater than 0.1 footcandles on any public right-of-way or on adjacent properties in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District. Illumination structures that cast light greater than 0.1 footcandles will require a Conditional Use Permit (CUP); however, under no circumstances shall illumination structures cast light greater than 0.5 footcandles.] 9. No permits shall be issued for grading, building, or use of a site governed by a Planned District, Mixed Use District or Special Procedure Permit which are not in accord with site development plans, site development concept plans, or site development section plans approved by the Planning Commission or Department of Planning. 10. Every part of a required yard shall be open to the sky, unobstructed except as follows: (1) Ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed twelve inches; (2)Ordinary projecting of chimneys and flues, not to exceed seventy-two inches in width, projecting not to exceed twenty-four inches; (3) Roof overhangs projecting not to exceed eighteen inches, except that roof overhangs on the south side of a building may project forty-eight inches into a side or rear yard, but no closer than forty-eight inches to a property line; (4) Canopy overhangs for service stations projecting a maximum of eighteen inches into required front yards; (5) Slab type porches or paved terraces having a maximum height of not more than twelve inches above ground elevation at any point may project into any yard except that the projection into the front yard shall not exceed ten feet; (6) In all "R" Residence Districts air conditioning units extending into side or rear yards a maximum of thirty inches, with air conditioning units including mounting pedestals not to exceed forty-eight inches in height above ground elevation within said side or rear yards; (7) Driveways, ramps, sidewalks and parking lots as otherwise permitted by this Ordinance. (8) Basketball poles as otherwise permitted by this ordinance. (9) In all "R" Residence Districts, structures exempt from building permit requirements in the side and rear yards. (10)Canopies and awnings not to exceed forty-two 42) inches may project into the required front yards, however, no canopy or awning may extend into the public right-of-way. (11) Canopies and awnings not to exceed forty-two 42)inches may project into the required side and rear yards, however, they may not be closer than forty-eight (48) inches from any property line. (12) Emergency escape window wells or any railing or cover for said structures may encroach into any yard setback no more than forty-eight (48) inches. [12. All land development activity requiring a site plan or Site Development Plan approved by the Department of Planning or the Planning Commission, except land used for agricultural or farming purposes, or regional pedestrian/bike trails, shall meet the following minimum standards for vegetated buffers for stream protection. Stream buffers in residential subdivisions containing 5 lots or more shall be in common ground. In large lot residential developments, single lot developments, and all other subdivisions the stream buffer may be in an easement. Page 98 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... (1) For all natural waterways having a 100 year flood plain as depicted on the St. Louis County zoning maps, an undisturbed natural vegetative buffer shall be maintained for 50 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. For all other natural waterways, an undisturbed natural vegetative buffer shall be maintained for 25 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. (2) An additional 25 foot building setback, measured horizontally beyond the stream buffer, shall be required. (3) If any waterway is required or permitted to be enclosed, the requirements for buffers or additional building setbacks may be waived by the Director of Planning. (4) All plans and plats shall clearly show the boundaries of any stream buffers on a subject property and clearly indicate the types of natural vegetation to be retained, restored or removed from the buffer area. (5) The following structures, practices and activities are permitted in the stream buffer, with specific design or maintenance features, subject to review by the Director of Planning: (i.) Roads, bridges and utilities (including sanitary and storm sewers). The right-of-way shall be the minimum width needed to allow for maintenance access and installation. The angle of the right-of-way or utility crossing shall be perpendicular as possible to the natural watercourse or stream buffer in order to minimize clearing requirements. Plats and site plans shall include only the minimum number possible of such crossings. (ii.)Foot trails and paths. (6) Stream bank stabilization and stream buffer restoration projects approved by the Director of Planning are permitted within the vegetated buffer. (7) Water quality monitoring and stream gauging are permitted within the stream buffer. (8) Trash and debris and individual trees within the stream buffer that are in danger of falling, causing damage to dwellings or other structures, or causing blockage of the natural watercourse may be removed. ] 11. The temporary structures, as set forth below, which are to be used in connection with the development and sale of a tract of land may be erected or located on said tract prior to and may remain thereon during the construction or development period. (1) Temporary buildings or trailers may be used as construction offices, field offices or for storage of materials to be used in connection with the development of said tract, provided that said temporary structures are removed from said tract within thirty (30) days after completion of the project development. Temporary buildings or trailers must also be removed from said tract within thirty (30) days after voluntary suspension of work on the project or development or after revocation of building permit, or on order by the Director of Public Works upon a finding by him that said temporary structure is deemed hazardous to the public health and welfare. A bond in the amount of $1,000 for their removal shall be posted with St. Louis County. (2) Temporary real estate offices or sales offices may be established in a display dwelling unit or temporary building. Said offices must be closed and the operation discontinued and all temporary structures and facilities must be removed from the tract (a) within thirty (30) days after all lots or dwelling units have been sold, rented, or leased; or (b) after the passage of thirty (30) days from the date of the last transaction after ninety (90) percent of the development has been sold, rented, or leased. A bond in the amount of $1,000 guaranteeing removal of any such temporary structure or facility shall be posted with St. Louis County prior to commencement of use. (3) No temporary buildings or trailers shall at any time be located closer than twenty-five (25) feet to a property line of any adjacent property, notwithstanding the required setbacks of the zoning district in such temporary building or trailer is located. (4) Any other provisions of the law notwithstanding, a building permit or an occupancy permit shall not be required for buildings or trailers permitted in paragraph (1) of this section. 12. In each instance in which approval of use or development of property is made subject to conditions by the County Council or Planning Commission in the approval of a conditional use permit, special procedure, Mixed Use Development, or Planned Industrial or Commercial Development, a copy of the approved ordinance, resolution, order or permit shall be furnished by the property owner or owners or petitioner to the operator, owners and manager, including successor operators, owners and managers. Each successor shall forward to the Zoning Enforcement Officer an acknowledgment that he or she has read and understood each of the conditions relating to the use and development of the property affected by the ordinance, resolution, order or permit and agrees to comply therewith. 13. Subsequent to approval and recording or filing of a site development plan, site development concept plan, section plan or similar plan for the development and use of property under the special procedures of this Chapter or under the regulations of a planned district (C-8, M-3 or MXD), no development of property subject to such a plan shall be performed and no permit shall be issued for development unless such development is consistent with the plan and unless the property has been platted in accordance with the St. Louis County Subdivision Ordinance. No plat for property subject to such a plan shall be approved unless the plat is consistent with the plan. 14. (1) In this subsection, the word "litter" means and includes, garbage, trash, refuse, junk, brush, inoperative machinery or other waste material; the phrase "otherwise lawful" means in Page 99 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... compliance with applicable zoning district regulations and with all rules, regulations, ordinances, conditions, permits and licenses applicable to the property or activity, whether arising from this Chapter or any other ordinance. (2) Except as provided in this subsection: (a) No persons shall throw or deposit litter on any vacant or occupied property whether owned by such person or not. (b) The owner or person in control of any private property shall, at all times, maintain the premises free of litter. (3) It shall be lawful: (a) To accumulate or store non-putrescible litter in a sight proof structure or container. (b) To accumulate or store litter produced as an incident of the otherwise lawful use of the same premises where stored, where such storage is pending removal or disposal and does not exceed 7 days, provided the litter is placed or stored in a container or otherwise screened from the view of persons upon adjacent property or rights-of- way. (c) To operate an otherwise lawful sanitary landfill, building demolition material site, vehicle or machinery repair facility, construction material stockpile, sewage treatment facility, salvage yard, or junk yard. (d) To store material to be used in an otherwise lawful agricultural or nursery operation on the premises devoted to such use. (e) To park, store, leave or permit the parking, storing or leaving of a junked or unlicensed motor vehicle or parts thereof upon any private property for a period of time not to exceed seventy-two hours; however, nothing in this section shall be construed to prevent a person from keeping on that person's private property for a period of time not to exceed thirty (30) days one junked or unlicensed motor vehicle for the purpose of making minor repairs or modifications to it, or to prevent a person from keeping a motor vehicle of historic interest as defined in Section 301.131 R.S.Mo. 15. Amusement Devices: The Director of Public Works is authorized to issue a permit for the installation of amusement devices on a temporary basis within any zoning district, provided that said permit shall not be valid for more than ten (10) consecutive calendar days and further provided that no permit shall be valid without a license to operate said amusement devices as required by Sections 803.020 and 803.030 SLCRO. The Director may, in regard to any given site, designate the hours and days of the week of operation and the specific location of the amusement devices on the property. No more than two such permits shall be issued in any calendar year with regard to any particular property. For the purpose of this paragraph, "amusement device" includes those devices enumerated in Chapter 803 SLCRO and any similar device. 16. No special events permits are required for the following events: (1) Activities conducted by St. Louis County acting within the scope of its authority. (2) Any event conducted by an elementary, middle or high school or college (or organization affiliated with them) that is conducted on their grounds; not including a for-profit business having an event on the school campus. 17. Special Events for which permits are required: (1) Special Event: The Director of Public Works is authorized to issue a special event permit for the operation or conducting of an amusement activity on a temporary basis within any zoning district. The Director of Public Works may request a report be submitted by the Director of Community Health and Medical Care with respect to any public health aspect of the proposal and by the Superintendent of Police with respect to any traffic or public safety aspect of the proposal if appropriate. For the purpose of this paragraph, “amusement activity" includes but is not limited to a circus, carnival, fair, turkey shoot, art display, trade or animal show, concert, dance, rally, parade, athletic competition and any similar activity not involving the erection of any permanent structure or facility. The permit shall be issued for a specific period of time not exceeding ten (10) days. The permit shall contain such conditions as are necessary for protection of public health, safety, and traffic, and the Director of Public Works may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. This permit is in addition to any building permit, air pollution device construction or operating permit, highway special use permit, or other permit or license required by law for any proposed activity or facility. No more than two special event permits shall be issued in any calendar year with regard to any particular property, however shopping centers containing 300,000 square feet of gross floor area may have four (4) temporary amusement activity permits in any calendar year[; provided however, that this limitation with respect to the number of temporary amusement activity permits shall not apply to public property, nor to property not held for private or corporate profit and used exclusively for religious worship, for schools and colleges, for purposes purely charitable, or for agricultural and horticultural societies]. These provisions applicable to the period of time and the number of temporary permits for turkey shoots that can be held shall not apply to turkey shoots conducted on all Saturdays and Sundays falling within the months of October, November and December of each year. (2) Christmas Tree Sales and Pumpkin Sales: The Director of Public Works is authorized to issue a permit to any not-for-profit organization for the installation or operation of a pumpkin sales lot or Christmas Tree Sales Lot on a temporary basis within any zoning district, provided that said permit shall be valid for no more than thirty-five (35) days prior to Halloween day or Christmas day and five (5) days after Halloween day or Christmas day. Nothing shall prohibit Page 100 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... authorization of both sales lots at the same location. The permit shall contain such conditions as are necessary for protection of public health, safety, and traffic, and the Director of Public Works may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. The permit may include the installation of one temporary sign not to exceed thirty (30) square feet in outline area. The location of the sign shall be as approved by the Director of Public Works. (3) Outdoor Sales: The Director of Public Works is authorized to issue a permit to any church, school, or other not-for-profit organization for the establishment, on a temporary basis within any zoning district, of an outdoor sales event. The Director of Public Works may request a report be submitted by the Director of Health with respect to any public health aspect of the proposal and by the Superintendent of Police with respect to any traffic or public safety aspect of the proposal, if appropriate. The permit shall be issued for a specific period of time not exceeding three (3) consecutive calendar days. The permit shall contain such conditions as are necessary for protection of public health, safety, and traffic; and the Director of Public Works may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. No more than eight (8) such permits may be issued to a church, school or not-for-profit organization for any parcel of land in any calendar year and no more than two (2) such events in any one (1) month. 18. An adult business shall not be located within one thousand (1,000) feet of the property line of any church, school, library, or park, nor within three hundred (300) feet of any property zoned “R” Residence District or “NU” Non-Urban District, nor within one thousand (1000) feet of two (2) other such uses. An adult business is any business which offers its patrons goods of which a substantial portion are adult oriented items or services relating to such items. Any business where more than twenty-five (25) percent of the retail value of merchandise offered for sale consists of adult oriented items shall be presumed to be an adult business. No adult business shall advertise, display or promote adult oriented items so that they are visible from outside the premises. 19. No person shall park a Commercial Vehicle on any lot, where the primary use is a single-family or multiple-family dwelling, between the hours of 12:00 midnight and 6:00 a.m. of any day. 1003.169 Lighting Regulations 1. Scope of Provisions. This section contains the lighting regulations generally applicable to various sections of this Chapter. 2. Statement of Intent. The general purpose of this section is to require outdoor lighting that is adequate for safety and convenience; in scale with the activity to be illuminated and its surroundings; directed to the surface or activity to be illuminated; and contribute to a pleasant nighttime environment in an efficient manner. Additional specific purposes are to: (1) Provide safety and personal security as well as convenience and utility in areas of public use or traverse, for uses where there is outdoor public activity during hours of darkness; (2) Permit reasonable use of outdoor lighting for nighttime safety, enjoyment, and commerce; (3) Control glare and excessive brightness to improve visual performance, allow better visibility with relatively less light, and reduce trespass light onto neighboring properties; (4) Regulate the type of light fixture, lamps and standards. 3. Existing Lighting. When 60 percent or more of existing outdoor light fixtures are being replaced or modified, then all lighting shall be made to conform to the provisions of this ordinance. 4. Lighting Exemptions. The following types of lighting are exempt from the requirements of this section. (1) Lighting required for single-family and single-family attached residences (2) Street Lighting (3) Lighting for public monuments, statuary, and landmark sites (4) Lighting for signage as regulated under Section 1003.168 (5) Temporary decorative seasonal lighting (6) Temporary lighting for emergency conditions, nighttime work and construction, theatrical, television, and performance areas, or for special public events or private events approved by the county. (7) Lighting required and regulated by the Federal Aviation Administration or other federal or state agency. 5. Lighting Plan. All developments requiring submission of a site plan where changes to exterior lighting are proposed shall submit an outdoor lighting plan prepared by a lighting vendor or a similarly qualified professional as approved by the Director of Planning. The plan must be submitted Page 101 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... concurrently with any application for development or site plan if required. Lighting plan requirements may be waived by the Director of Planning. Lighting Plan Requirements (1) The lighting plan shall include plans and specifications for parking lot and garage lights, and exterior building lights. A diagram indicating the location of all standards and fixtures and the proposed type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices as well as a photometric plan denoting foot candle levels; (2) The specifications shall include details of the pole, fixture height and design, luminaire type and specifications (including initial lamp lumens), number of lamps per luminaire, lumens, spacing of lights, lighting controls, and proposed hours of lighting operation; (3) The lighting plan shall include necessary calculations and information demonstrating compliance with the requirements of this ordinance. 6. General Lighting Standards. The following standards shall apply to all outdoor lighting: (1) No flickering or flashing lights shall be permitted, except for temporary decorative seasonal lighting. (2) All illumination structures, except for approved street lights, shall maintain a cut-off angle of not greater than 85 degrees and shall be so arranged as not to case light greater than 0.1 footcandles on any public right-of-way or on adjacent properties in the “NU” Non-Urban, “PS” Park and Scenic, or any “R” Residence District. (3) The maximum height of any lighting pole serving a residential use shall be 16 feet. The maximum height serving any other type of use shall be 25 feet. For parking lots larger than five acres, the maximum height shall be 35 feet if the pole is located at least 100 feet from any residential use or except as provided in this ordinance for outdoor recreational uses. (4) Parking lot lighting shall be fully shielded with flat-lens enclosed luminaries. (5)_Light fixtures mounted on canopies shall be recessed so that lens cover is recessed or flush with the bottom surface of the canopy and/or shielded by the fixture or the edge of the canopy so that light is restrained to no more than 85 degrees beyond the vertical plane. (6) For upward-directed architectural, landscape, and decorative lighting, direct light emissions shall not be visible above the building roof line or beyond the property line. (7) Lighting Controls shall be provided on lighting that automatically extinguish all outdoor lighting when sufficient daylight is available. Automatic controls shall not be required for tunnels, parking garages, garage entrances, and similar conditions. 7. Parking Lot Illumination Levels. The maximum allowable illumination at any point in the plane of the property line of any property, residential or non-residential, shall be as set forth in table 4.5-A Outdoor lighting shall meet the following requirements: ALLOWABLE PARKING LOT LIGHTING INTENSITY (In Footcandles (fc) at grade level) Maximum level at property lines adjacent to Commercial or Industrial Districts 0.5 fc Maximum level at property lines adjacent to “R”, “NU”, “PS” or “KP” zoned property 0.1 fc Maximum level-5 feet from base of light standard 8.0 fc Maximum level- under canopies 22 fc 8. Outdoor Recreational and Athletic Fields. The following uses with high-intensity or special-purpose lighting shall be subject to review and approval by the Planning Commission pursuant to the procedures set forth in Section 1003.181, Conditional Use Permits. The Planning Commission shall impose appropriate conditions on the proposed use to mitigate any potential adverse impacts of outdoor lighting associated with the use. (1) Major Outdoor Recreation Facility Lighting of outdoor recreation and athletic fields shall require a Conditional Use Permit (C.U.P.) procedure, per Section 1003.181. The Planning Commission may impose conditions related to the following: (a) Light controls to reduce lighting at specific curfew times (b) Pole height (Maximum permitted light post height: 80 feet at finished grade) and location (c) Lighting shall not exceed 0.8 maintained footcandles; as measured vertically five (5) feet above grade, along any adjoining property line of an “R” “NU” or “KP” zoning district (d) Limits on hours of illumination: Outdoor Page 102 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... recreational lighting shall be extinguished between the hours of 11 p.m. and 7 a.m. or one hour after activities or games on the site are completed, whichever is later. SECTION 2. In all other respects Chapter 1003, Title X SLCRO 1974 as amended shall remain in full force and effect. Page 103 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I... ADOPTED: JUNE 30, 2015 PATRICK M. DOLAN CHAIRMAN, COUNTY COUNCIL APPROVED: JULY 1, 2015 STEVEN V. STENGER COUNTY EXECUTIVE ATTEST: GENEVIEVE M. FRANK ADMINISTRATIVE DIRECTOR APPROVED AS TO LEGAL FORM: Peter J. Krane COUNTY COUNSELOR NOTE: Matter enclosed in bold-faced brackets [thus] is not enacted and is intended to be omitted from the ordinance. 273 image3.wmf image31.emf 26111.docx (7/2/2015) dtSearch 7.77 (x64) Page 104 of 104 2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...