§ 310. Commercial-Industrial Designed Development Procedure (CIDD).

1.

Scope of provisions. This section contains the regulations of the commercial-industrial designed development procedure. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Zoning Ordinance which are incorporated as part of this section by reference.

2.

Statement of intent. The purpose of this section is to provide a permissive, voluntary, and alternate zoning procedure in the "C" Commercial District in order to permit minor flexibility in commercial and industrial uses beyond those permitted in the particular districts, under approved site plans and conditions.

3.

Applicable zoning districts. In any "C" Commercial District, where a particular use is not allowed as a permitted or conditional use in that district, a tract of land may be used for a single commercial or industrial use of a type listed in any of the "C" Commercial District as a permitted or conditional use, provided that approval is obtained for use of the commercial industrial designed development procedure. However, there must be a direct relationship between the requested use and an existing permitted use in the district in which the use is to be located.

4.

Performance standards. Any uses established by the commercial-industrial designed development procedure shall operate in accord with the appropriate performance standards contained in Section 210, "Zoning Performance Standard Regulations," of this Zoning Ordinance. These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance governing the particular commercial industrial designed development procedure.

5.

Height limitation for structures. The total height of any structure shall be limited by the conditions of the ordinance governing the particular commercial-industrial designed development procedure. However, the total height of any structure authorized by commercial-industrial designed development procedure shall not exceed the least restrictive regulations of the particular zoning district in which the use is located.

6.

Lot area, lot dimension development limitation and yard requirements. Any use authorized by the commercial-industrial designed development procedure shall abide by the lot area, lot dimension, development limitation and yard requirements of the particular zoning district in which the use is located. However, these requirements may be made more restrictive in the conditions of the ordinance governing the particular commercial-industrial designed development procedure.

7.

Off-street parking and loading requirements. The minimum off-street parking and loading requirements, including setbacks for parking areas, loading spaces and internal drives, for any use authorized by the commercial-industrial designed development procedure shall not be reduced below the minimum requirements as set forth in Section 220, "Off-Street Parking and Loading Requirements," of this Zoning Ordinance. However, these requirements may be made more restrictive in the conditions of the ordinance governing the particular commercial-industrial designed development procedure.

8.

Procedures. Authorization for use of the commercial-industrial designed development procedure may be initiated by a verified application of one or more of the owners of record or owners under contract of a lot or tract of land, or their authorized representative, or by a resolution of intention by the Planning and Zoning Commission or the City Council. Procedures for application, review and approval of the commercial-industrial designed development procedure shall be as follows:

(1)

Application. Application for the commercial-industrial designed development procedure for a specific tract of land shall be addressed to the St. Louis County Planning Commission and filed in its public office. The application shall be filed on forms prescribed for that purpose by the Planning and Zoning Commission and be accompanied by the following:

(a)

Filing fee per requirements of Section 350, "Fees," of this Zoning Ordinance.

(b)

Legal description of the property.

(c)

Out boundary plat of the property.

(d)

Preliminary development plan, including, but not limited to the following:

(i)

Proposed uses. Approximate location and designated uses of buildings and other structures as well as parking and open areas shall be indicated.

(ii)

Existing and proposed contours at vertical intervals of not more than five (5) feet referred to sea level datum. Floodplain areas shall be delineated.

(iii)

Approximate location of all isolated trees having a trunk diameter of six (6) inches or more, all tree masses, and proposed landscaping.

(iv)

Two (2) cross-section profiles through the site showing preliminary building form, existing natural grade and proposed final grade.

(v)

Proposed ingress and egress to the site, including adjacent streets.

(vi)

Preliminary plan for provision of sanitation and drainage facilities.

(2)

Public hearing. A public hearing on the application shall be held by the Planning and Zoning Commission in accordance with the provisions of Section 360, "Procedures for Amending the Zoning Ordinance," except that the posted public notice signs shall indicate that the public hearing is for the commercial-industrial designed development procedure. The public hearing shall be held within sixty (60) days of verification by the Director of Public Works that the petition meets the minimum application requirements. The public hearing requirements shall be the same if a petition for the commercial-industrial designed development procedure is initiated by resolution of intention by the Planning and Zoning Commission or the City Council.

(3)

Planning and Zoning Commission recommendation. No action shall be taken by the City Council with respect to the petition until it has received the recommendation of the Planning and Zoning Commission. The Planning and Zoning Commission's recommendation shall be based upon whether the commercial-industrial designed development procedure proposal is consistent with good planning practice; is consistent with good site planning; there is a direct relationship or linkage between the use for which a permit is sought and an existing permitted use in the district in which the use is to be located; can be operated in a manner that is not detrimental to the permitted developments and uses in the district; is visually compatible with the permitted uses in the surrounding area; and is deemed desirable to promote the general welfare of the City. A recommendation of approval shall include recommended conditions to be contained in the ordinance authorizing the commercial-industrial designed development procedure. Such conditions shall include but not be limited to the following:

(a)

Permitted uses, including maximum floor area.

(b)

Performance standards.

(c)

Height limitations.

(d)

Minimum yard requirements.

(e)

Off-street parking and loading requirements.

(f)

Sign regulations.

(g)

Minimum requirements for site development plans.

(h)

Time limitations for commencement of construction.

(4)

City Council action. Upon receipt of the Planning and Zoning Commission's recommendation, the City Council shall either approve the commercial-industrial designed development procedure by approving an ordinance authorizing the use or deny the application. If the application is approved, the matter shall be returned to the Planning and Zoning Commission for consideration of a site development plan.

9.

Site development plans. After passage by the City Council of an ordinance authorizing a commercial-industrial designed development procedure, a site development plan shall be submitted in accord with the following provisions. No building permits or authorization for improvement or development for any use authorized under provisions of this section shall be issued prior to approval of such plan.

(1)

Planning and Zoning Commission review. Plans shall be submitted to the Planning and Zoning Commission for review and approval. These plans shall contain the minimum requirements established in the conditions of the specific ordinance governing the commercial-industrial designed development procedure.

(2)

Recording. Within sixty (60) days of approval, the site development plan shall be recorded with the St. Louis County Recorder of Deeds, and thereby authorize development as depicted thereon.

10.

Procedure to amend the commercial-industrial designed development procedure ordinance or site development plan. In order to amend provisions of an existing commercial-industrial designed development procedure ordinance or to amend the recorded site development plan approved for a commercial-industrial designed development, the procedure shall be as follows:

(1)

To amend the commercial-industrial designed development ordinance:

(a)

The property owner or authorized representative shall submit a written request to amend ordinance conditions to the Director of Public Works for review. The Director of Public Works shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.

(b)

If the Director of Public Works determines that the requested amendment is consistent in purpose and content with the original proposal as advertised, the Director of Public Works shall so report to the Planning and Zoning Commission. The Planning and Zoning Commission shall review the request and the report of the Director of Public Works, and then forward a recommendation to the City Council. A recommendation of approval shall include conditions to be included in the amended ordinance.

(c)

If the Director of Public Works determines that the requested amendment is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, the Director of Public Works shall so report to the applicant and the Planning and Zoning Commission. The Planning and Zoning Commission shall then review the proposed ordinance amendment and forward a recommendation to the City Council. The Planning and Zoning Commission may, if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with proceedings specified in section 360, "Procedure for Amending the Zoning Ordinance," of this Zoning Ordinance.

(2)

To amend the recorded site development plan:

(a)

The property owner or authorized representative shall submit an amended site development plan to the Director of Public Works. The Director of Public Works shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing, and the preliminary development plan approved by the City Council.

(b)

If the Director of Public Works determines that the proposed amendment to the site development plan is not in conflict with the original proposal as advertised and the approved preliminary development plan, and meets all conditions of the commercial-industrial designed development procedure ordinance, said plan shall be reviewed and approved by the Planning and Zoning Commission. The amended plan shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of the Planning and Zoning Commission approval.

(c)

If the Director of Public Works determines that the proposed amendment to the site development plan is minor in nature and is not in conflict with the original proposal as advertised, and the preliminary development plan and meets all conditions of the commercial-industrial designed development procedure ordinance, the Director of Public Works may approve said amended plan. Said plan shall be retained on file by the Director of Public Works.

However, when conditions of a particular commercial-industrial designed development procedure ordinance are amended which necessitate an amended site development plan, the Planning and Zoning Commission shall review and approve said amended plans and they shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of the Planning and Zoning Commission approval.

(d)

If the Director of Public Works determines that the amendment to the plan is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, or with the preliminary development plan approved by the City Council, the Director of Public Works shall so report to the applicant and the Planning and Zoning Commission. The Planning and Zoning Commission shall then review the proposed site plan amendment and make a final determination. The Planning and Zoning Commission may, if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with proceedings specified in section 360, "Procedure for Amending the Zoning Ordinance," of this Zoning Ordinance.

(e)

The petitioner/developer may appeal to the Planning and Zoning Commission from a decision by the Director of Public Works, in cases where the Director of Public Works is authorized to review development plans. The petitioner shall have a thirty (30) day period in which to file a written appeal and plan with the Planning and Zoning Commission. The written appeal, stating the reasons for the appeal, shall be submitted to the Director of Public Works. The Planning and Zoning Commission shall make the final determination of the matter. No exceptions will be granted that are in violation of the particular ordinance governing the development plan.

11.

Failure to commence construction. Substantial construction shall commence within the time period specified in the conditions of the ordinance governing the commercial-industrial development procedure, unless such time period is extended by the Planning and Zoning Commission. If substantial construction or development does not begin within the time period specified in the conditions of the ordinance governing the use or extensions authorized therein, the Planning and Zoning Commission shall within sixty (60) days initiate a resolution of intent for the purpose of a new public hearing to terminate the commercial-industrial designed development procedure in accord with the proceedings specified in Section 360, "Procedure for Amending the Zoning Ordinance," of this Zoning Ordinance. No building or occupancy permit shall be issued for the development or use of the property until completion of action by the City Council on the proceedings to terminate the procedure in accord with the above noted section.

12.

Development of uses authorized by commercial-industrial designed development procedure and permitted land uses on same tract of land. Nothing shall prevent the establishment of a use authorized by the commercial-industrial designed development procedure on the same tract of land with one (1) or more permitted land uses and developments or conditional land uses and developments specified in the regulations of the governing zoning district. However, the use authorized by the commercial-industrial designed development procedure shall abide by the conditions of the governing ordinance and the permitted land use and development shall adhere to the regulations of the governing zoning district. A permitted land use or development existing at the time of submittal of a site development plan for a use authorized by the commercial-industrial designed development procedure shall be shown on the plan. No permitted use or development shall at any time cause the violation of the conditions of the ordinance governing the commercial-industrial designed development procedure.

(Ord. No. 698, § 1, 11-21-00)