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Chesterfield |
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Code of Ordinances |
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Code of Ordinances |
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Chapter 76. Zoning |
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Article IX. Agricultural and Residential Districts |
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76-336. High- and mid-rise district, HMR. |
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(a)
Purpose. The HMR district is designed to provide sites for apartments,
offices and hotel structures adjacent to high-traffic generators commonly
found in the proximity of large acreage nonresidential development
and areas abutting major thoroughfares. This district is designed
to provide a zone of transition between traffic generators and residential
districts through the requirements of lesser land coverage which will
result in more open space.
(b)
Permitted uses. Permitted uses shall be as follows:
(1)
All buildings three stories or less may contain permitted uses
and special approval uses as provided in the multiple-family district
and shall be regulated in the RM-3 district.
(2)
High and mid-rise buildings shall be limited to the following
uses:
a.
Apartments.
b.
Business and professional offices.
c.
Hotels and motels.
d.
Private clubs or lodges.
e.
Local convenience or service establishments, when located within
a mid-rise or high-rise structure as follows:
1.
Beauty shops and barbershops.
2.
Drug stores.
3.
Laundry and dry cleaning pick-up stations.
4.
Eating and drinking places (not to include fast-food or drive-in
restaurants).
5.
Party stores and delicatessens.
6.
Package liquor stores.
7.
Personal service establishments such as, but not limited to,
shoe or hat repair, tailor or dress-making shops, including custom
tailor shops.
8.
Indoor theaters.
f.
Uses customarily accessory to any of the permitted uses listed
in subsection (b)(2)a.—e. of this section, but not to include
outside storage.
g.
All temporary buildings shall be approved by the zoning board
of appeals and shall be immediately removed upon completion of the
work or fulfillment of the purpose for which they were erected and/or
used.
(c)
Special land uses. The following special land uses and any use similar to those uses set forth in this article may be granted approval by the planning commission, if they comply with the provisions of article XIII of this chapter.
(1)
Churches (see section 76-495).
(2)
Colleges and universities (see section 76-497).
(3)
Day care centers and nursery schools (see section 76-499).
(4)
Detached one-family planned project (see section 76-500).
(5)
General hospitals (see section 76-506).
(6)
Group day care (seven to 12 children) (see section 76-507).
(7)
Housing for the elderly or senior citizen housing (see section 76-509).
(8)
Noncommercial recreation (see section 76-514).
(9)
Planned unit development (see section 76-518).
(10)
Private clubs, fraternal organizations, etc. (see section 76-519).
(11)
Public utility buildings without storage (see section 76-521).
(d)
Minimum site and building requirements. All development in these districts shall require a site plan, as required in article VII of this chapter, approved by the planning commission prior to issuance of a building permit. Approval will be based upon the articles of this chapter, the following requirements, and such other conditions as may be imposed upon the use to carry out the intent of this chapter by the planning commission:
(1)
All lots used for mid-rise or high-rise structures shall be
provided with an approved public water and sewerage system.
(2)
No structure shall exceed a height of either 250 feet or the
number of feet equal to 1/20 of 1% of the number of square feet of
lot area, whichever is less. No requirement in this subsection shall
limit the height of any structure to less than 25 feet. The structures
on any lot shall have a total floor area not exceeding 50% of the
lot area (floor area ratio (FAR) of 0.5). The floor area shall be
determined by taking the cross-sectional area in the horizontal plane
at the level of each floor which is more than 20 feet from the mean
grade.
(3)
The term "lot area," as used in subsection (d)(2) of this section,
shall include, in addition to the area otherwise includable, the area
of any air lot or lots owned by the owner of the surface lot on which
the structure is built or to be built, and in the HMR zoning district,
subject to the following conditions:
a.
Includable air lot area not owned by the developer shall not
exceed a floor area ratio of 0.4 of the surface lot.
b.
No part of any air lot shall be included which is more distant
from the nearest point from a mid- or high-rise structure than two
times the height of the highest such structure built or to be built
on the surface lot.
c.
The term "air lot" shall include either a fee ownership or the
ownership of an easement of light, air and view. Either ownership
shall be evidenced by marketable record title not limited by time,
which denies the owner of the space below the right to build any structure
having a height in excess of 25 feet (except flagpoles, antennas and
chimneys) and which is not encroached upon by any existing structure
having a height in excess of 25 feet or more than two stories.
d.
The planning commission at site plan review shall require the
submission of a title insurance policy, title search report or abstract
of title, not more than 30 days old, showing ownership of air lots
included in the lot area, and shall, wherever necessary, require the
certified statement of a registered surveyor showing a lack of encroachment
on the lot area.
(4)
Upon the issuance of any building permit, the clerk's office
shall record upon a map, designated "air lots map," which shall be
kept in the clerk's office available for public inspection during
the business hours, the land covered by any such air lot, the surface
lot to which it pertains in the issuance of the permit and the date
of issuance of the permit. No air lot once used in computing lot area
pertaining to a building permit shall again be used. No structure
shall be erected to a height greater than 25 feet on any land shown
on such map as covered by an air lot during the period of validity
of the building permit to which such air lot pertains nor thereafter
so long as there exists on the surface lot to which such air lot pertained
any structure which is of a height greater than would be permitted
on such surface lot without taking into consideration the area of
the air lot.
(5)
Nothing contained in this section shall be construed to prevent
the owner of land from dividing any lot into two or more parcels.
If the lot is divided, the regulations of this section shall be applied
to each resulting parcel without regard to the fact that adjoining
property is held in the same ownership, except in proceedings to obtain
a variance.
(6)
In the HMR district, the minimum yard setback shall be equal
to the height of the building, except:
a.
Where a lot line abuts a street, half the width of the right-of-way as shown on the master plan may be considered a yard setback. The yard setback from the centerline of the road right-of-way shall not be less than provided in subsection (e)(2)a. of section 76-335.
b.
Where a lot line abuts a permanently dedicated public open space
or parkway, half the narrowest width of the open space or parkway
immediately contiguous to the common property line may be considered
as yard setback. The yard setback shall not be less than 50 feet.
c.
Where an air lot area of an adjacent parcel is used to gain
floor area for a mid- or high-rise structure, the mid-or high-rise
structure may reduce its setback requirement by a distance equal to
half the intrusion into the air lot parcel adjacent to the building
site. The yard setback shall not be less than 50 feet. The minimums
of this subsection may be further limited by considerations from subsection
(d)(7) of this section.
(7)
In reviewing a proposed building and site development in the
HMR district, the planning commission will consider the following
factors:
a.
Vicinity impact:
1.
Obstruction of off-site sunlight.
2.
Continuous wall length.
3.
Degree of ground floor activities.
4.
Proportional building height.
5.
Need for boundary trees.
b.
Recreation space sufficiency by:
1.
Type and size.
2.
Sunlight on site.
3.
Parking.
4.
Landscaping.
5.
Trees.
c.
Security and safety:
1.
Density.
2.
Visibility.
3.
Surveillance methods.
4.
Location of parking.
5.
Accessibility of emergency equipment.
d.
Building interior:
1.
Size of units.
2.
Visual privacy and/or view.
3.
Storage adequacy.
4.
Refuse disposal methods and location.
(8)
Where the HMR district is to be used for residential purposes other than transients (hotels and motels), the recreation requirements of subsection (d)(5) of section 76-335 shall be incorporated in the site plan and subsequent development.
(e)
Minimum site requirements. The minimum site requirements are the same as subsection (d) of section 76-335 (except subsections (1) and (6)), and the sign and lighting shall be approved by the planning commission based on a finding that such features are consistent with the use and character of the site vicinity.
(f)
Off-street parking. Off-street parking shall be as follows:
(1)
(2)
In the HMR district, areas devoted to off-street parking, drives
or maneuvering lanes may not cover more than 30% of the area of any
required minimum yards.
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| Ord. No. 110, § 9.50, eff. 11-1-1996 |