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Section 405.090:  Commercial "C-1" District
A.   Property located in this district may be used for the permitted uses hereinafter set forth only if said property fronts directly on Manchester Road and then only if said frontage is a minimum length of one hundred fifty (150) feet. Subject to the foregoing, the following uses are permitted in the district:
  1. Any use permitted in the residential "A" District other than a dwelling.
  2. Reserved.
  3. Barber shops, beauty shops, mail salons and similar businesses.
  4. Electronics repair and servicing.
  5. Clothes pressing, tailor shops, laundry and dry cleaners.
  6. Offices for the pursuit of any lawful business or profession.
  7. Insurance and real estate agencies.
  8. Retail stores.
  9. Repair or servicing of small household or personal items.
  10. Planned business centers.
  11. Accessory uses to the above.
B.   Qualifications and limitations on the permitted uses.
  1. No use is allowed in the district which allows over an aggregate of five percent of its total floor space, or 2,000 square feet of floor space of one or a group of concessionaires, licensees, leased departments, demonstrators or permitted users. However, this does not prohibit the lease or transfer of a leasehold interest in a portion of a building which is completely and permanently separated from the remaining portion of the building.
  2. The total number of liquor stores, other than taverns, bars, and restaurants which sell liquor by the drink, shall not exceed one for ever [every] 1,000 residents of the city.
  3. The sale, display or storage of goods and merchandise in other than a completely enclosed building shall be permitted only upon special permit issued by the Board of Aldermen.
a.   Application for the permit shall be made in writing in form and with such information as is required by the Board of Aldermen.
b.   Within sixty (60) days of receipt of said application, the Board of Aldermen shall hold a public hearing and shall determine whether the outside storage will:
1)   Adversely affect the character of the area,
2)   Substantially increase fire hazards,
3)   Create a nuisance,
4)   Adversely affect vehicular or pedestrian traffic, or
5)   Create additional burdens upon the government of the City.
c.   If the Board of Aldermen does not find that any of the objections under subparagraph b. of this paragraph are sustained, it shall issue the permit. Otherwise, the permit must be denied.
d.   Once granted, the permit shall be reviewed annually by the staff for any noncompliance, and those in compliance shall remain in effect until revoked by the Board of Aldermen. If revoked, the owner of the premises shall have ten (10) days to remove said outside storage.
C.   No lot shall have a width of less than one hundred fifty feet.
D.   The depth of the front yard shall be forty (40) feet from the right-of-way line of any street other than Manchester Road, and sixty (60) feet from the right-of-way line of Manchester Road.
E.   The side yard shall be at least twenty feet.
F.   The rear year shall be at least fifty feet.
G.   No building shall be erected or altered to exceed thirty-five (35) feet in height.
H.   The maximum gross floor area of all buildings shall be fifteen thousand (15,000) square feet per acre of total lot area, except that the Board of Aldermen, after review by the Planning and Zoning Commission, may permit an increase of gross floor area per acre to a maximum of sixteen thousand five hundred (16,500) square feet when it finds that significant public benefit(s) directed toward alleviating the burden on public services incurred by such development are provided.
I.   Buffer areas shall be provided for each commercially used lot in addition to side and rear yard requirements.
  1. At the rear of lots, a buffer area shall be provided at least twenty-five feet in width, where the lot is not in excess of three hundred feet deep from the center line of Manchester Road. In all other eases [cases], the buffer area shall be at least fifty feet wide.
  2. At the side of lots, a buffer area shall be provided at least fifteen feet wide wherever the lot adjoins a residential use. Otherwise, the buffer area shall be five feet wide at the side of lots.
  3. All buffer areas shall be the subject of a landscape plan, setting forth ample screening and fencing between commercial and residential property, which plan shall be submitted by the developer to the Planning and Zoning Commission for their approval. The question of ample screening and fencing shall be determined solely by the Planning and Zoning Commission after review and study of the plan submitted. The buffer areas shall be maintained in a healthy state of growth and replaced where necessary by the owners of the property.
  4. Fencing shall be provided and maintained in accord with applicable fencing regulations adopted by the Planning and Zoning Commission pursuant to section 2-173 of this Code.
  5. All buffer areas shall be kept free of trash and other debris of any kind.
  6. In the case of planned business centers, the buffer requirements shall apply to the whole development as a single lot.
  7. Buffer areas may be broken by traffic lanes between shared parking areas.
J.   Application and approval procedures: Development of lots located in the C-1 District shall be carried out in accordance with a Master Development Plan subject to the approval of the Board of Aldermen as set forth below:
  1. The owner or owners of any tract of land located in the C-1 District which meets the requirements for development in such District shall file with the City Clerk an application for the use of such tract of land. Each application shall be accompanied by payment of the application fees provided in accord with Section 2-176 of the Des Peres Code of Ordinances. The application shall include the following Development Plan and support information:
a.  The name of the developer, owner, and professional architect, engineer, landscape architect, planner, or land surveyor responsible for preparation of site plans.
b.   The existing and proposed contour intervals identifying all grade changes and areas of cut and fill. Information shall be prepared at a minimum contour interval of two (2) feet, or one (1) foot in areas where average slopes are three (3) percent or less.
c.   All proposed uses and structures (present and future) and all building plans and elevations depicting materials and exterior treatments, height, bulk and location relationships. All setback lines and the buildable area of the lot shall be shown on the Master Development Plan.
d.   The landscape plan with the specific description and location of all woodlands trees, major vegetation areas, and other natural resources and specific provisions taken to preserve or minimize the impact upon these features.
e.   Plans for the provision of water, sanitary sewage, and storm drainage facilities.
f.   All easements, dedications or other public improvements and the specific location and construction details of each.
g.   Ingress and egress facilities.
h.   Location and construction details of all sidewalks.
i.   Any proposed public or private roadways which will service the development and the specific locations and construction details of each.
j.   The number and location of parking spaces and moving traffic lanes.
k.   A detailed plan identifying and describing all provisions for the illumination of parking or landscape areas and any exterior building illumination. Such plan shall include the types and intensities of illumination to be utilized and the location, height and direction of such equipment.
l.   Development phasing.
m.   Specific data and/or reports reflecting the impact of the proposed development on traffic patterns, traffic loads and public services, including, but not limited to, water, sewerage and other utilities.
n.   Such plans and materials as may be necessary for architectural and landscape review pursuant to Section 2-173(e) and (f) of the Des Peres Code of Ordinances and subsection (I) of this section.
o.   Other information of a similar character which the Planning and Zoning Commission and/or Board of Aldermen may designate.
2.   Upon the filing of the application and Development Plan with the City Clerk it shall be referred to the Planning and Zoning Commission for review, study and report. The Planning and Zoning Commission shall review the application and Development Plan and shall report to the Board of Aldermen, within one hundred (100) days of the date of the next regular meeting of the Planning and Zoning Commission following the filing of the application, with its recommendations as to the application and Development Plan including recommendations for phasing of the development, if applicable. The report of the Planning and Zoning Commission may also include findings as to the impact of the proposed development on public roadways and other public services and/or recommendations as to the timing of such development in conjunction with the availability of such roadways or public services. If no such report is made, the Planning and Zoning Commission shall be deemed to have approved the application upon the expiration of the one hundred-day period aforesaid, unless the applicant shall agree in writing to an extension of such time limitation.

The Board of Aldermen may, in its sole discretion, conduct a public hearing concerning the same after having given notice of the time, place, and purpose of such public hearing by at least one (1) notice in a newspaper of general circulation within the City of Des Peres at least fifteen (15) days prior to the date of the public hearing.

The Board may either approve, disapprove, or modify and then approve the application and the Development Plan, or it may return the same to the Planning and Zoning Commission for further study and report. The Board of Aldermen may also approve the Development Plan conditionally upon the contingency that no building and/or occupancy permit may be issued with respect to the development until the completion or improvement of roadways and/or other public services sufficient to serve the development without detrimental impact upon surrounding users of such facilities has been accomplished. In the event of such conditional approval, the specific contingencies which must be satisfied shall be recited by the Board in the document of action on the proposed development.

3.   Any ordinance or resolution of the Board of Aldermen and any report of the Planning and Zoning Commission with reference to a Development Plan shall refer specifically to and incorporate by reference the plans, drawings, renderings, reports, descriptions and other documents supporting the application considered and acted upon by the Board or Commission.

The City Clerk shall maintain a permanent file with respect to each development for which a Development Plan has been approved by the Board of Alderman, which file shall include a true copy of the ordinance or resolution and any exhibits attached thereto, including at least one (1) set of all plans and documents referenced therein which shall have been authenticated thereon by the City Clerk as being true and accurate copies of the plans and documents to which the Board of Aldermen had reference in adopting such ordinance or resolution.

4.   No building permit shall be issued to construct any part or all of the development until such time as: (a) the Board of Aldermen has approved the Development Plan; and (b) the approved Plan has been recorded with the office of the Recorder of Deeds for St. Louis County, Missouri; and (c) there is posted and filed with the City Clerk a performance bond or a performance escrow sufficient to ensure to the city the completion of all public improvements, approved landscaping and restoration of the remaining portions of the development area if any improvements are undertaken but not completed, in an amount as determined by the Board of Aldermen and in a form approved by the City Attorney and the Board of Aldermen; and (d) unless the construction plans meet all requirements of the City of Des Peres.

5.   Any transfer of ownership or lease of property shall include in the transfer or lease agreement a provision that the purchaser or lessee agrees to be bound by the conditions herein set forth and the approved Development Plan for the property.

There shall be adequate legal provisions to ensure that the Development Plan approved will be actually constructed and completed and that any common areas will be properly protected and maintained, and in order to effectuate this paragraph, it may be required as a condition of approval of the Development Plan that deed restrictions or a trust indenture be executed and recorded.

6.   Any property as to which a Development Plan under this section has been approved as aforesaid may thereafter be used only in compliance with the terms of such approved Development Plan. Any person seeking to alter or amend any uses or structures may do so only if an appropriate amendment to the approved Development Plan has been approved by the Board of Aldermen. Applications for an amendment to an approved Development Plan shall be subject to the same procedures, fees and requirements pertaining to original applications for Development Plans as set forth above.

(Ord. No. 1098, § 1, 9-10-84; Ord. No. 1234, § 1, 1-12-87; Ord. No. 1449, § 1, 8-13-90; Ord. No. 1691, § 1, 11-28-94; Ord. No. 1765, § 1, 2-12-96; Ord. No. 2245, § 1, 9-8-03; Ord. No. 2492, § 2, 12-8-08)