Section 405.100: Commercial "C-2" 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. Subject to the foregoing, only the following uses are permitted in this district:
1. Any use that is permitted in the Commercial C-1 District.
2. Catering establishment.
5. Undertaking establishment.
8. Automotive accessory stores.
9. Planned business centers.
10. Electronic repair shop.
12. Establishments for the retail sale of food at which no alcoholic beverages are sold and which: (a) are located completely within a single multitenant building; (b) are less than one thousand (1,000) square feet in total floor area; (c) contain seating for no more than ten (10) patrons; (d) have no customer access directly to the exterior of the building; and (e) have no signs on the exterior of the building or premises. Establishments satisfying the criteria specified herein shall not come within the definition of "restaurant" as used Section 405.130 of this Chapter and shall not be required to obtain a conditional use permit pursuant to that section.
B. Qualifications and limitations on permitted uses:
1. With regard to uses permitted in commercial "C-1" districts and therefore in this district, the qualifications and limitations set forth in Section 405.090, subsection "B" apply here.
2. No use other than a planned business center shall be permitted in this district unless approval has been granted with regard to the specific use by the Planning and Zoning Commission.
a. No approval shall be granted unless an application has been filed with the Planning and Zoning Commission in form and including such information as is required by the Planning and Zoning Commission.
b. Within sixty days after the submission of a complete application to the Planning and Zoning Commission, the Commission shall not grant its approval of the use unless it finds that:
1) The use will not substantially and adversely affect the character of the neighborhood around it or on which it borders; and
2) The use will not be of a quality below that of neighboring uses in any substantial way; and
3) There is reasonable certainty that the use will continue neither to have a substantial and adverse effect on the character of the neighborhood around it or on which it borders, nor depart from its high quality.
c. If the Planning and Zoning Commission makes no determination within sixty days from the day on which the complete application has been submitted to it, and if the delay has not been consented to, caused or contributed to by the applicant, the approval shall be deemed granted on the day after the end of the sixty days.
d. If the Planning and Zoning Commission grants or denies approval under this section, it shall state its findings and conclusions and make them part of its official minutes.
3. Planned business centers in the Commercial "C-2" District shall contain at least twenty-five (25) acres of ground and may include all of the uses permitted in this district. Parking and common facilities shall be under unified control.
C. No lot shall have a width of under one thousand feet.
D. The depth of the front yard shall be at least one hundred seventy-five (175) feet from the center line of the facing street.
E. The side yard shall be at least fifty (50) feet wide.
F. The rear yard shall be at least seventy-five (75) feet deep.
G. No building other than in a planned business center shall be erected or altered to exceed three stories or thirty-five (35) feet, whichever is higher.
H. Except in a planned business center, floor area of no more than thirty (30) square feet shall be had for every one hundred (100) square feet of lot area.
I. Buffer areas shall be provided for each commercially used lot and for each area used as a planned business center in addition to side and rear yard requirements.
1. At the-rear of the lot or area, a buffer area of at least seventy-five (75) feet in width.
2. At the side of the lot or area, wherever it adjoins a residential use, at least fifteen (15) feet of buffer area in width.
3. Buffer areas are to be planted as required by the Planning and Zoning Commission, and the planting is to be maintained and when necessary, replaced by the owner or owners of the property.
4. Fencing shall be provided where requested by adjacent residential property owners or if required for safety purposes.
5. Buffer areas are to be kept free of trash and debris.
J. In the case of any adult entertainment establishment or business, the following special conditions shall apply:
1. No adult bookstore, adult entertainment facility or establishment, bathhouse, massage shop or modeling studio shall be permitted within one thousand two hundred (1,200) feet of any religious institution, school, public park or any property zoned for residential use, or any city boundary. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the adult entertainment establishment to the closest point on any property line of the religious institution, school, or public park, or the property zoned for residential use, or to the closest point of the city boundary.
2. No adult entertainment establishment shall be allowed to locate or expand within one thousand (1,000) feet of any other adult entertainment establishment or of any business licensed to sell or serve alcoholic beverages whether or not such business is also an adult entertainment establishment as defined in this section. The distance between any two (2) adult entertainment establishments or between an adult entertainment establishment and a business selling or serving alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest exterior structural wall of each business.
3. All access to and from the adult entertainment establishment shall be provided from a street classified as a public right-of-way.
4. The property on which such use is located shall have a minimum of one hundred (100) feet of frontage on a public right-of-way.
5. The facility on which the use is located and the parking for such facility shall have a front yard setback of thirty (30) feet, a side yard setback of six (6) feet and a rear yard setback of ten (10) feet.
6. Off-street parking shall be provided pursuant to the City Code.
7. All landscaping and screening requirements otherwise required by the Des Peres City Code shall be observed.
8. The facility in which the use is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian, sidewalk, walkway, street or other public area. No adult entertainment activity shall take place partially or totally outside the adult entertainment establishment.
9. The facility in which such a use is located shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign per one (1) foot of wall length, not to exceed a total of fifty (50) square feet; said sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building. Said sign shall not exceed eight (8) feet in height from ground level. Further, no merchandise, symbol, or pictures of products or entertainment on the premises shall be displayed in window areas or on any sign or any area where such merchandise or pictures can be viewed from the exterior of the building. No flashing lights and/or lighting which leaves the impression of motion or movement shall be permitted. No temporary signs shall be allowed.
10. Lighting of the parking area shall conform to the requirements of the City Code.
The regulations contained in this section shall be in addition to any and all regulations contained elsewhere in the Municipal Code or the Zoning Regulations.
(Ord. No. 1196, § 1, 7-10-86; Ord. No. 1646, § 1, 3-14-94; Ord. No. 2100, § 1, 3-11-02; Ord. No. 2289, § 4, 7-26-04)