[R.O. 2007 App. B §5; Ord. No. 3900 §1(5), 3-6-1972; Ord. No. 4689 §2, 8-2-1982; Ord. No. 4707 §1, 12-6-1982; Ord. No. 5515 §1, 1-6-1992; Ord. No. 5629 §1, 6-7-1993; Ord.
No. 5887 §1, 6-17-1996; Ord. No. 6104 §1, 8-17-1998; Ord. No. 6482 §1, 4-1-2002; Ord. No. 6575 §1, 2-17-2003; Ord. No. 6923 §1, 11-20-2006; Ord. No. 6979 §1, 6-18-2007]
A.
Special Provisions For Large-Scale Residential Development.
1.
Large-scale residential developments, where permitted, are subject
to the following conditions:
a.
The development shall have a minimum area of ten (10) acres.
b.
The housing may consist of single, two (2), multiple dwellings or
any combination thereof. Minimum lot areas can be reduced by as much
as ten percent (10%) for design layout purposes but this is not to
be construed that density of the area be increased. Two-family or
multiple dwellings, for side yard regulations, occupying more than
one (1) lot shall be considered as one (1) building occupying one
(1) lot.
c.
The final development plan shall follow all applicable procedures,
standards and requirements of the ordinance governing the subdivision
of land. The final development plan shall be prepared by and have
the seal of an architect or engineer duly registered in this State.
No building permit shall be issued until a development plan of the
proposed development is approved and recorded.
d.
The Commission shall review the conformity of the proposed development
with the standards of the official City plan and recognized principles
of civic design, land use planning and landscape architecture. The
minimum yard and maximum height requirements of the district in which
the development is located will apply unless changed as provided below.
The Commission may impose conditions regarding the layout, circulation
and performance of the proposed development and may require that appropriate
deed restrictions be filed that shall be enforceable by the City for
a period of twenty (20) years from the date of filing and automatically
renewed for subsequent twenty (20) year periods unless changed by
a vote of the Council after recommendation by the Commission. Changes
in the deed restrictions may be made by the Council after recommendation
by the Commission. A final development plan shall be recorded; such
plan shall show building lines, common land, streets, easements and
other applicable features required by the ordinance regulating the
subdivision of land. The Commission shall have the right to recommend
adjustments in zoning regulations other than density to allow flexibility
in the project and purpose, making sure that the rights, values and
general welfare of the area shall not be damaged or adversely affected.
e.
The number of dwelling units permitted shall be determined by dividing
the net development area by the minimum lot area per family required
by the district or districts in which the area is located. Net development
area shall be determined by subtracting the area set aside for churches,
schools, or other non-residential use from the gross development area
and deducting twenty percent (20%) of the remainder for streets, regardless
of the amount of land actually required for streets. The area of land
set aside for common open space or recreational use shall be included
in determining the number of dwelling units permitted.
2.
The Commission shall hold one (1) or more public hearings on a final
development plan. The recommendations of the Commission shall be forwarded
to Council who shall approve or disapprove the action of the Commission
with or without modification and after public hearing by the Commission.
After approval by Council and after any required restrictions are
in effect, the Building Inspector may issue permits enabling the approved
final development plan to be carried out.
B.
Accessory
buildings and uses are permitted when in accordance with the following.
[Ord. No. 19-39, 6-3-2019]
1.
In the "RS", "RD" and "RA-1" Districts, accessory buildings and uses
are limited to:
a.
A non-commercial greenhouse that does not exceed in floor area twenty-five
percent (25%) of the ground floor area of the main building.
b.
A private residential garage used only for the housing of non-commercial
passenger automobiles and with a floor area of not to exceed five
hundred fifty (550) square feet. An additional floor area of two hundred
(200) square feet may be provided for each three thousand (3,000)
square feet of lot area by which such lot exceeds six thousand (6,000)
square feet, provided that no garage shall exceed one thousand (1,000)
square feet nor house more than five (5) such automobiles.
c.
Home occupation.
d.
Vegetable or flower garden.
e.
Raising and keeping of small animals and fowl, but not on a commercial
basis or on a large scale.
f.
Tennis court, swimming pool, garden house, pergola, ornamental gate,
barbecue oven, fireplace and similar uses customarily accessory to
residential uses.
g.
Manufactured home storage buildings shall not exceed one hundred
fifty (150) square feet in floor area and shall be no less than twenty-four
(24) square feet in floor area. Such building may be located no closer
than ten (10) feet to a rear lot line.
2.
In the "RA-1" District, there may also be storage garages and parking lots conforming with the provisions of Section 405.100 hereof.
4.
Additional regulations. There shall be the following
additional regulations for accessory buildings.
a.
No accessory building shall be constructed upon a lot until the construction
of the main building has been actually commenced and no accessory
building shall be used unless the main building on the lot is also
being used. However, nothing shall prevent the use of a temporary
construction shed or road wagon for the storage of tools, materials
and equipment by a contractor during building construction.
b.
No accessory building may be erected in front of a main building
unless the accessory building is attached to the main building by
a common wall; however, the required front yard shall be observed.
c.
Accessory buildings may not be used for dwelling purposes.
d.
Only two (2) accessory buildings per lot is permitted in all "R"
Residential Districts from the date this ordinance is enacted. This
includes accessory buildings used for storage as well as accessory
buildings used for recreation, such as children's playhouses larger
than twenty-five (25) square feet, pool houses, etc.
5.
Cargo/Shipping Container. It is the intent of this Section to limit,
except as provided herein, the placement of any shipping container
as an accessory building, storage building, or living unit within
the various zoning districts of the City.
a.
Cargo containers may not be used as dwellings or for human habitation
or for commercial business operation.
b.
Temporary use of cargo containers for storage may be permitted in
Residential Districts within the City with the approval of a permit
for ninety (90) days. One (1) extension of thirty (30) days may be
granted in a calendar year. Permit fee is fifty dollars ($50.00).
c.
Temporary use of cargo containers for storage during construction
or remodeling is permitted in "0" or Professional Districts within
the City by permit. These permits are issued for ninety (90) days.
One (1) extension of thirty (30) days may be granted in a calendar
year. Permit fee is fifty dollars ($50.00).
d.
Cargo containers are allowed in "C-1" and "C-2" Commercial Districts
within the City for use as storage. These containers must meet setback
requirements and must be placed in rear yards only. These containers
will be treated as other accessory buildings, and will require a permit
purchased prior to placement of the container.
e.
Temporary use of cargo containers is allowed in "C-1" and "C-2" Commercial
Districts for the purposes of construction and/or remodeling of commercial
units. A permit is required for these temporary uses, is valid for
ninety (90) days with an extension of up to thirty (30) days, with
a cost of fifty dollars ($50.00).
f.
Cargo containers will not be allowed in "C-3" Central Commercial
or "CX-3" Central Commercial Mixed-Use Districts.
g.
Cargo containers are allowed in "M" or Industrial Districts within
the City limits for use as storage.
h.
Cargo containers shall not be stacked above the height of a single
container in any district of the City.
i.
Cargo containers located in Residential, Professional, or Commercial
Districts must be free of graffiti, painted a uniform color, and be
free of peeling paint and other defacements.
j.
Cargo containers may not be placed on public right-of-way and shall
not cause visual obstruction to motor vehicles.
C.
Regulations
regarding fences shall be as follows:
D.
Regulations
regarding mobile homes shall be as follows:
1.
All inhabited mobile homes shall be located in a mobile home court
which has received a conditional use permit and which conforms with
the requirements of the following paragraph. No mobile home outside
of an approved mobile home court shall be connected to utilities except
those mobile homes being offered for sale and not inhabited.
2.
Mobile home courts shall meet the following minimum standards:
a.
Each lot provided for the occupancy of a single mobile home unit
shall have an area of not less than five thousand (5,000) square feet
and no park shall be permitted an average density of mobile home lots
of more than eight (8) per acre and each mobile home court shall provide
an area of not less than ten (10) acres.
b.
All mobile home courts shall provide lots sufficient in size that
no mobile home or any structure, addition or appurtenance thereto
is located less than ten (10) feet from the nearest adjacent court
boundary.
c.
Space between mobile homes may be used for the parking of motor vehicles
if the space is clearly designated and the vehicle is parked at least
ten (10) feet from the nearest adjacent court boundary.
d.
Each mobile home site shall abut or face a clear unoccupied space,
driveway, roadway or street of not less than twenty (20) feet in width
which shall have unobstructed access to a public highway, street or
alley.
e.
The mobile home court shall be surrounded by a landscaped strip of
open space fifty (50) feet wide along the street frontage of a major
street and twenty-five (25) feet wide along all other lot lines or
street frontage.
E.
Elderly Apartment Buildings And Complexes.
1.
To qualify for this use, a minimum of eighty percent (80%) of the
total dwelling units shall have a household head who is fifty-five
(55) years of age or older or the household head may be the surviving
spouse of a household head who was fifty-five (55) years of age or
older and was a resident at the time of his/her death.
2.
More than one (1) apartment or condominium building may be located
on one (1) lot in an "RA-2" District if each building contains a minimum
of two (2) dwelling units.
3.
Elderly apartments shall not contain more than two (2) bedrooms.
4.
Elderly apartments shall not exceed two (2) stories in height.
5.
Each elderly apartment development shall contain a minimum of twelve
(12) dwelling units with a maximum amount of developable area per
"RA-2" District of five (5) acres.
6.
The following accessory uses may be included in an elderly apartment
development for the use of the project residents: cafeteria, dining
room, library, game room, swimming pool, exercise room, arts and crafts
facilities, storage, laundry facilities, greenhouse, transportation
facilities, garages, beauty shops, barbershops and gazebos, upon compliance
with other pertinent City ordinances.
7.
The minimum lot area per dwelling unit shall be two thousand seven
hundred (2,700) square feet.
8.
The minimum distance between buildings shall be thirty (30) feet.
9.
The maximum lot coverage of the apartment buildings shall be forty
percent (40%) and the maximum lot coverage of all main buildings,
accessory buildings and parking areas shall be sixty percent (60%).
10.
Parking requirements shall be as follows:
a.
One (1) bedroom rental dwelling units. One (1)
space per dwelling unit on cul-de-sac streets and one and twenty-five-hundredths
(1.25) spaces on through streets.
b.
Two (2) bedroom rental units. One and five-tenths
(1.5) spaces per dwelling unit.
c.
Owner occupied dwelling units. One and five-tenths
(1.5) spaces per dwelling unit.
d.
All required parking spaces shall be designated for each dwelling
unit and no parking stall shall be more than two hundred (200) feet
from the main entrance of any dwelling.
11.
All requests for this conditional use shall be subject to the provisions of Section 405.370 of the zoning ordinance.
12.
The applicant must agree to sign a conditional use agreement which
contains the following:
a.
An agreement from the developer that all of the zoning restrictions
described herein pertaining to elderly apartments will be complied
with.
b.
The City and/or owners and their successors within one hundred eighty-five (185) feet of the project will have standing rights to take legal action against the owner(s) of the property to enforce the provisions of the agreement and this Chapter, Section 405.060(E).
c.
In the event of violation of any Section of the agreement or this Chapter, Section 405.060(E), the Building Inspector shall notify the owners of the property of said violation(s) and shall have the utilities to the property, or certain units therein, disconnected ten (10) days after the sending of a notice of violation to the owners and residents. The Building Inspector shall notify the owner(s) that they have the right to request a hearing before the Board of Adjustment and that such a request shall be made in accordance with Section 405.330 of this Chapter.
d.
Prior to the granting of permanent utility service and an occupancy
permit, the owner(s) must demonstrate to the Building Inspector that
all of the provisions of this agreement have been met.
e.
Required improvements or guarantee prior to final approval. Prior to the final approval of the conditional use agreement by
the Planning and Zoning Commission, the owner(s) shall agree in writing,
in a form provided by the City Attorney, that he/she will install
all of the improvements required in the conditional use agreement
and that he/she understands that no building permits will be issued
by the City until all of the required improvements are installed.
No building permits will be issued until the owners provide the City
Attorney with satisfactory surety in the form of cash or securities
guaranteeing the installation of the required improvements. No such
surety shall be accepted unless it is enforceable by or payable to
the City in a sum at least equal to the cost of constructing the required
improvements as estimated by the City Engineer or other designated
official.
F.
Outdoor paintball fields shall be allowed as a conditional use in
zones "C-1," "C-2," "M-1," and "M-2." Conditional use approval must
be granted. The following requirements shall apply:
[Ord. No. 7815 § 1, 9-18-2017]
1.
A minimum setback of three hundred (300) feet from public thoroughfares
shall be required for play fields unless adequate containment measures
are provided, such as netting, to prevent the egress of paintballs
from the site. Where containment measures are provided, play fields
shall meet the minimum one hundred (100) feet setback required from
adjoining residential zoning.
2.
All paintballs shall be biodegradable and non-toxic and shall
be propelled at a velocity no greater than three hundred (300) feet
per second.
3.
Off-street parking shall be provided at the following minimum
rate: five (5) spaces per one thousand (1,000) square feet of building
floor space, plus 0.50 spaces per patron on the maximum patron capacity
of the facility. Patron capacity shall be calculated as a maximum
of two (2) patrons per one thousand (1,000) square feet of play field
area.
4.
The facility shall comply with all other development requirements
of this Code.
5.
The following requirements shall apply to outdoor paintball
fields which require Conditional Use approval.
a.
A scaled site plan of the project shall be submitted with the
conditional use application showing the dimensions of the site, proposed
patron capacity of the facility and location of all play fields, spectator
seating, buildings, off-street parking areas, outdoor lights, fencing,
landscaping and all other information necessary to evaluate compliance
with the requirements of this Section.
b.
The project site shall front and directly access an arterial
or collector road/street. The project shall not be located on a flag
lot or lot accessed by an easement.
c.
Notwithstanding the property's zoning, minimum required yards
on all sides of the project shall be fifty (50) feet unless a greater
setback is required by a Planned Development ("C-4") District. Additionally,
a minimum setback of fifty (50) feet shall be provided for all play
fields, except that a minimum setback of one hundred (100) feet shall
be provided from adjacent properties that are residentially zoned
or developed at the time of conditional use application. The boundaries
of all play fields shall be demarcated with fences, nets or other
suitable measures to deter inadvertent passage into setback areas
by game participants.
d.
Project lights shall comply with the requirements of this Code,
except that light fixtures shall have a maximum height of thirty (30)
feet.
e.
The project shall be considered an "A-3" use classification
for buffering and screening purposes and shall comply with the requirements
of this Code, except that a minimum buffer width of one hundred (100)
feet shall be required where adjacent properties are residentially
zoned or developed at the time of conditional use application.
f.
Baseball hitting cages, miniature golf courses, putting greens,
golf driving ranges and other incidental recreational uses shall be
prohibited as part of the conditional use permit. The applicant may
request such uses as part of another permit subject to meeting all
requirements of the zoning regulations and subject to having a parcel
of adequate size to support all requested uses that does not include
any area within the legal description of the conditional use permit
for the paintball facility.
g.
Accessory uses shall be limited to locker rooms, restrooms,
concession stands and the sale, rental, and service of paintball equipment.
h.
Buildings shall be limited to a combined total of two thousand
(2,000) square feet of floor space.
i.
Facility operations shall comply with the noise level limits in Chapter 210, notwithstanding any noise level exemptions. Approval of the conditional use permit shall not infer compliance with the noise level limits nor obviate the need to comply with said limits.
j.
Operations shall be limited to the hours from 9:00 A.M. to 8:00
P.M.
k.
The maximum patron capacity of the facility shall be identified
in the conditions of approval for the conditional use permit. However,
in no event shall the capacity be less than a minimum of 1.25 patrons
per one thousand (1,000) square feet of play field area.
l.
Special events which exceed, or are expected to exceed, the
permitted maximum patron capacity of the facility shall be prohibited.
m.
The use of loudspeakers, bullhorns, air horns, pyrotechnics,
searchlights and other similar devices shall be prohibited. Notwithstanding,
the use of a siren or emergency address system to alert players of
approaching storms or other potentially dangerous situations shall
be permitted.
n.
All paintballs shall be biodegradable and non-toxic and shall
be propelled at a velocity no greater than three hundred (300) feet
per second.
o.
All signs shall comply with the limitations and provisions of
this Code and, where applicable, community plan regulations. Additionally,
the following limitations and provisions shall apply:
(1)
The project shall be limited to one (1) ground
sign. The sign shall be a monument sign with a maximum of fifty (50)
square feet of display area per face. Unless otherwise permitted by
community plan regulations, illumination shall be provided by external
lights only, although neon shall not be utilized.
(2)
Building signs shall be for participant rules only.
p.
Prior to opening for business, the project shall be brought
into conformance with the requirements of this Section and all site
development requirements of this Code. Off-street parking shall be
provided at the following minimum rate: five (5) spaces per one thousand
(1,000) square feet of floor space, plus .50 spaces per patron based
on the permitted maximum patron capacity of the facility.
q.
In addition to the requirements of this Section, the City Planner shall consider the general compatibility of the proposed project with existing and planned uses in the surrounding area as provided by Chapter 405 of this Code and shall make recommendations to mitigate project impacts, including, but not limited to, increased buffering, screening and/or landscaping, further restrictions on the hours and/or days of operation, and noise reduction and light shielding measures.
[R.O. 2007 App. B §6; Ord. No. 3900 §1(6), 3-6-1972]
A.
Maximum
height limits established for buildings and structures are as follows:
B.
Exceptions. The above height limits may be exceeded in
the following instances:
1.
Public, semi-public or public service buildings, hospitals, institutions,
agricultural buildings or schools when permitted in a district may
be erected to a height not exceeding one hundred ten (110) feet and
churches and temples may be erected to a height not exceeding seventy-five
(75) feet if the building is set back from each yard line at least
one (1) foot for each foot of additional building height above the
height limit otherwise permitted in the district in which the building
is built.
2.
Television and radio towers, church spires, belfries, monuments,
tanks, water and fire towers, stage towers or scenery lofts, cooling
towers, ornamental towers and spires, chimneys, elevator bulkheads,
stacks, conveyors and flagpoles may be erected to such height as may
be authorized by the Council.
[R.O. 2007 App. B §7; Ord. No. 3900 §1(7), 3-6-1972; Ord. No. 3927 §1, 7-3-1972; Ord. No. 4319 §1, 5-1-1978; Ord. No. 4326 §1, 6-5-1978; Ord. No. 4511 §1, 9-2-1980; Ord.
No. 4707 §1, 12-6-1982]
A.
Minimum Yard Requirements. The following minimum yards,
measured in feet, shall be provided within the districts indicated
below:
|
District
|
Front Yard
In Feet
|
Side Yard
In Feet
|
Rear Yard
In Feet
|
|---|---|---|---|
|
"RS-1"
|
30
|
10
|
30
|
|
"RS-2"
|
25
|
6
|
25
|
|
"RS-3"
|
20
|
6
|
20
|
|
"RS-4"
|
20*
|
6
|
20
|
|
"RD-1"
|
20*
|
6
|
15
|
|
"RA-1"
|
20*
|
6
|
20*
|
|
"RA-2"
|
20
|
6
|
20*
|
|
"C-1"
|
20**
|
6
|
20
|
|
"C-2"
|
20**
|
None
|
20
|
|
"C-3"
|
None
|
None
|
None
|
|
"C-4"
|
25**
|
As required
|
As required
|
|
"M-1"
|
25**
|
10
|
25
|
|
"M-2"
|
25**
|
None
|
25
|
|
"O-1"
|
30
|
8
|
25
|
|
|
Whenever a lot abuts upon a public alley, one-half (½)
of the alley width may be considered as a portion of the required
rear yard. For the purpose of side yard regulations, a two-family
dwelling or multiple dwelling shall be considered as one (1) building
occupying one (1) lot.
| |
|
|
*
|
If rear yard parking from the alley is permitted, the minimum
rear yard building setback shall be twenty-five (25) feet.
|
|
|
**
|
When front yard parking spaces are to be provided, the minimum
front yard setback shall be forty-two (42) feet.
|
B.
Additional Requirements. The following additional yard requirements
must also be observed:
1.
On lots fronting on two (2) non-intersecting streets, a front yard
must be provided on both streets.
2.
On corner lots there must be a front yard on both streets. On corner
lots that are lots of record, the buildable width cannot be reduced
to less than twenty-eight (28) feet, except that there shall be a
yard along the side street side of such a lot of at least ten (10)
feet.
3.
Where a frontage is divided among districts with different front
yard requirements, the deepest front yard required shall apply to
the entire frontage.
4.
In the "C" and "M" Districts, there may be more than one (1) building
on a lot, provided that the required yards be maintained around the
group of buildings.
5.
There may be two (2) or more related hotel, motel or institutional
buildings on a lot provided that
6.
Those parts of existing buildings that violate yard regulations may
be repaired and remodeled, but not reconstructed or structurally altered.
7.
Required front yards shall be devoted entirely to landscaped area
except for guest parking and the necessary paving of driveways and
sidewalks to reach parking or loading areas in the side or rear yard.
8.
Where an official line has been established for the future widening
or opening of a street or major thoroughfare upon which a lot abuts,
then the depth of a front or side yard shall be measured from such
official line to the nearest line of the building.
9.
The minimum width of side yards for schools, libraries, churches,
community buildings and other public and semi-public buildings in
residential districts shall be twenty-five (25) feet, except where
a side yard is adjacent to a commercial or industrial district, in
which case the width of that yard shall be as required in the district
in which the building is located.
10.
No sign, fence, wall, shrub or other obstruction to vision exceeding
three (3) feet in height above the established street grade shall
be erected, planted or maintained within the area of a corner lot
that is included between the lines of the intersecting streets and
a straight line connecting them at points thirty (30) feet distant
from the intersection of the street lines.
C.
Exceptions To Yard Requirements. The following exceptions
may be made to the yard requirements:
1.
Where, on the effective date of this Chapter, forty percent (40%)
or more of a frontage was occupied by two (2) or more buildings, then
the front yard is established in the following manner:
a.
Where the building farthermost from the street provides a front yard
not more than ten (10) feet deeper than the building closest to the
street, then the front yard for the frontage is and remains an average
of the then existing front yards.
2.
Sills, belt courses, window air-conditioning units, chimneys, cornices
and ornamental features may project into a required yard a distance
not to exceed twenty-four (24) inches.
3.
Filling station pumps and pump islands may occupy required yards,
provided however, that they are not less than fifteen (15) feet from
all lot lines.
5.
Open fire escapes, fireproof outside stairways and balconies opening
upon fire towers and the ordinary projections of chimneys and flues
into a rear yard for a distance of not more than three and one-half
(3½) feet when so placed as to not obstruct light and ventilation
may be permitted by the Building Inspector.
6.
Open, unenclosed porches may extend ten (10) feet into a front yard.
7.
Terraces which do not extend above the level of the ground (first)
floor may project into a required yard, provided these projections
be distant at least two (2) feet from the adjacent side lot line.
8.
No side yards are required where dwellings are erected above commercial
and industrial structures, except such side yard as may be required
for a commercial or industrial building on the side of a lot adjoining
a residential district.
9.
Accessory buildings may be located in a rear yard but may not occupy
more than thirty percent (30%) of a rear yard.
10.
Any accessory building closer than ten (10) feet to a main building
shall be considered as part of the main building and shall be provided
with the side and rear yards required for the main building.
11.
An accessory building more than ten (10) feet from a main building
may be erected within two (2) feet of a side or rear lot line, but
must be located at least sixty (60) feet from the front street line.
12.
Where a garage is entered from an alley, it must be kept ten (10)
feet from the alley line.
13.
On corner lots the minimum buildable width of twenty-eight (28) feet
for main buildings is reduced to twenty-two (22) feet for accessory
buildings.
14.
On lots of record prior to 1963 with widths less than those required
in the zoning district, then the side yard requirements may be reduced
as follows:
15.
Whenever a lot abuts upon a public alley, one-half (½) of
the alley width may be considered as a portion of the required rear
yard. For the purpose of side yard regulations, a two-family dwelling
or multiple dwelling shall be considered as one (1) building occupying
one (1) lot.
[R.O. 2007 App. B §8; Ord. No. 3900 §1(8), 3-6-1972; Ord. No. 4241 §6, 2-7-1977; Ord. No. 4319 §1, 5-1-1978; Ord. No. 4532 §1, 11-3-1980; Ord. No. 4915 §2, 10-7-1985]
A.
Minimum Lot Area And Width. The following minimum lot areas
and lot widths must be provided in the districts indicated:
|
District
|
Min. lot width on street (in feet)
|
Lot width at building line (in feet)
|
Lot area (in square feet)
|
Lot area per family (in square feet)
| ||
|---|---|---|---|---|---|---|
|
Single- family dwelling
|
Two- family dwelling
|
Multiple-dwelling
| ||||
|
"RS-1"
|
50
|
125
|
15,000
|
15,000
|
15,000**
|
15,000**
|
|
"RS-2"
|
50
|
100
|
10,000
|
10,000
|
10,000**
|
10,000**
|
|
"RS-3"
|
50
|
80
|
8,000
|
8,000
|
8,000**
|
8,000**
|
|
"RS-4"
|
25
|
50
|
6,000
|
6,000
|
6,000**
|
6,000**
|
|
"RD-1"
|
50
|
75
|
7,000
|
7,000
|
3,500
|
3,500
|
|
"RA-1"
|
50
|
100
|
10,500 sq. ft. for first 3 units; 3,500 sq. ft. for each additional
unit
| |||
|
"RA-2"
|
50
|
100
|
10,500 sq. ft. for first 3 units; 1,500 sq. ft. for each additional
unit
| |||
|
"C-1"
|
50
|
None*
|
None*
|
*
|
*
|
*
|
|
"C-2"
|
50
|
None****
|
None****
|
*
|
*
|
****
|
|
"C-3"
|
50
|
None****
|
None****
|
*
|
*
|
****
|
|
"C-4"
|
***
|
***
|
***
|
***
|
***
|
***
|
|
"M-1"
|
50
|
None
|
None
|
Dwellings prohibited
| ||
|
"M-2"
|
50
|
None
|
None
|
Dwellings prohibited
| ||
|
"O-1"
|
75
|
75
|
Not less than 10,000 sq. ft.
|
NA
| ||
|
*
|
Residential uses restricted to the density requirements of the
least restrictive adjoining district.
|
|
**
|
Applies when permitted under either a conditional use or large-scale
residential development.
|
|
***
|
As required by plan of district.
|
|
****
|
Same as "RA-2" uses when applied to multi-family uses.
|
B.
Exceptions To Lot Area And Width Requirements. The minimum
lot area and lot width requirements established above may be modified
as follows
1.
Where a lot of record at the time of the effective date of this Chapter
has less area or width than herein required in the district in which
it is located, said lot may nevertheless be used for a single-family
dwelling or for any non-dwelling use permitted in the district in
which it is located.
2.
Existing buildings that are in violation of lot area requirements
may be remodeled or repaired, but may not be reconstructed or structurally
altered unless made to conform to these requirements.
3.
Lot area per family requirements shall not apply to dormitories,
fraternities, sororities, nursing homes or other similar group quarters
where no cooking facilities are provided in individual rooms or apartments.
C.
Maximum Floor Area Ratios. The following maximum floor area
ratios are established for certain permitted uses in specified districts:
1.
In the "C-3" District there shall be a maximum floor area to ground
area ratio of 3:1, except that where a building is set back from one
(1) or more lot lines, the floor area of such building or buildings
may be increased by two (2) square feet of additional floor area for
each square foot of open area provided.
2.
Maximum floor areas provided for in this Section may be further increased
by one (1) square foot of floor area for each square foot of open
space that is landscaped and planted and not paved.
[R.O. 2007 App. B §5(C)]
A.
Regulations
regarding signs shall be as follows:
1.
All districts. The following signs are allowed in
all districts:
a.
Temporary signs not exceeding twelve (12) square feet in area advertising
the sale, rent or lease of real estate when located upon property
to which the sign refers and when not located closer than ten (10)
feet to a lot line, which signs shall be removed upon sale or lease
of the property. Temporary signs shall not be attached to any permanent
sign.
b.
Temporary ground signs advertising future use or development of property
on which such signs are located may be maintained subject to the provisions
of this Section, provided such signs do not exceed thirty (30) square
feet in area or remain longer than six (6) months. "For Rent" and
"For Lease" signs in commercial and industrial districts for new buildings
shall not exceed forty-eight (48) square feet or remain more than
ninety (90) days after the building is completed.
c.
Church or public building bulletin boards.
d.
Traffic and public signs.
e.
Banners and temporary stationary signs, which shall only be displayed
for a two (2) week period and must be properly maintained and meet
the ten (10) foot setback requirement.
f.
Temporary portable signs displaying advertising or other information
when located upon property to which the sign refers and when not located
closer than ten (10) feet to a lot line. Such signs may be displayed
for a maximum of thirty (30) days during a six (6) month period.
g.
Temporary signs shall not be attached to any permanent sign.
h.
Any vendor wishing to display signs listed in Subsection (C)(1)(e)
or (1)(f) shall pay a yearly fee of two hundred dollars ($200.00)
to the City for the cost of inspection and regulation of such signs
or ten dollars ($10.00) per sign to the City for the cost of inspection
and maintenance of these signs.
i.
Any vendor wishing to display a permanent sign shall pay a fee of
forty dollars ($40.00) per sign. A "permanent sign" is any sign permanently embedded in the ground or affixed to a building
or structure.
[Ord. No. 19-56, 9-16-2019]
2.
In the "RA-1" Residential District, there may be one (1) wall sign
attached to the building, projecting no more than twelve (12) inches,
not exceeding twenty-five (25) square feet in area and relating only
to the name or use of the building.
3.
In "C" and "M" Districts, there may be roof signs and awning signs.
The total square foot area of roof signs, wall signs, projecting signs,
marquee signs and awnings signs shall not exceed one-fifth (1/5) of
the total square foot area of the face of the building on which these
are placed. There shall be no more than one (1) post sign for each
one hundred (100) feet of street frontage. No post sign shall extend
closer than ten (10) feet to a lot line. On-premises and off-premises
billboards shall be permitted in accordance with the following provisions
and other applicable provisions of this Chapter:
b.
Billboards may not be erected within one hundred (100) feet of any
district with "RS", "RD" and "RA" zoning designations.
c.
Billboards may not be erected within thirty (30) feet of any property
line.
d.
No billboard shall be placed within one thousand two hundred fifty
(1,250) feet of another billboard on either side of the street or
within one hundred (100) feet of another detached, freestanding sign
on the same side of the street, as measured along the nearest edge
of the pavement between points directly opposite the signs.
e.
The maximum area of a billboard sign face and display area shall
not exceed four hundred (400) square feet with a maximum length of
thirty-six (36) feet. No stacking units shall be permitted.
f.
Billboards shall have a minimum clearance of fifteen (15) feet from
the grade of the adjacent street to the bottom of the sign face and
a maximum of forty-five (45) feet from the grade of the adjacent street
to the top of the sign face.
g.
Billboards with two (2) back-to-back sign faces, either parallel
or forming a "V" when viewed from above and with an interior angle
of not more than sixty degrees (60°), shall be considered as one
(1) billboard and each sign face may have the maximum square footage
allowed for one (1) billboard.
h.
Billboards must be constructed of steel frame with a concrete base
and with no more than two (2) steel vertical supports.
i.
Billboards that require more than sixty-five percent (65%) repair
or replacement shall meet the requirements for billboards as specified
in this Section.
j.
All applicants for billboard permits must present a permit issued
by the Missouri Highway Transportation Department.
k.
Fees for billboards shall be as follows:
(1)
Vendors shall be charged regular building permit fees as set forth in Section 500.030 of the City of Poplar Bluff Code of Ordinances.
[Ord. No. 19-57, 9-16-2019]
(2)
The City shall have the authority to impose a fee of not more
than five hundred dollars ($500.00) for the initial inspection of
a billboard.
(3)
Vendors shall be charged an annual business tax of two percent
(2%) of the gross annual revenue produced by the billboard structure
within the City.
4.
Chapter 10 of the 2000 International Zoning Code Modified and entitled
"Sign Regulations of the City of Poplar Bluff is hereby adopted by
the City Council of the City of Poplar Bluff as shown on Exhibit "A"
which is on file in the City offices and incorporated herein as if
fully set out. A copy of said sign regulations is filed in the office
of the City Planner and office of the Building Inspector and reference
thereto shall be had as often as may be necessary to determine the
provisions thereof.
[R.O. 2007 App. B §9; Ord. No. 3900 §1(9), 3-6-1972; Ord. No. 4241 §7, 2-7-1977; Ord. No. 4326 §2, 6-5-1978; Ord. No. 4707 §1, 12-6-1982; Ord. No. 5529 §2, 3-2-1992; Ord.
No. 5712 §1, 4-4-1994; Ord. No. 6299 §1, 9-5-2000]
A.
Off-Street Parking Requirements. Off-street parking spaces
shall be provided in all districts, except the "C-3" District, as
follows:
1.
Single-family and two-family dwellings. One (1)
space for each bathroom or fraction thereof in the dwelling unit.
2.
Multiple dwellings. One and one-half (1½)
spaces for each dwelling unit.
3.
Rooming and boarding houses, sororities and fraternities. One (1) parking space for each two hundred (200) square feet of
floor area.
4.
Private club or lodge. One (1) parking space for
each four hundred (400) square feet of floor area.
5.
Church or temple. One (1) parking space for each
four (4) seats in the main auditorium.
6.
School. For high schools, colleges and universities,
ten (10) spaces per classroom; for elementary schools, two (2) parking
spaces per classroom.
7.
Hospital. Two (2) parking spaces for each bed.
8.
Sanitarium or institutional home. One (1) parking
space for each three (3) beds.
9.
Funeral homes. Ten (10) parking spaces for each
chapel plus one (1) for each funeral home vehicle plus one (1) for
each family residing on the premises.
10.
Auditoriums, theaters and other places of public assembly. One (1) parking space for each five (5) seats.
11.
Community center, library, museum or similar public or semi-public
building. One (1) parking space for each three hundred (300)
square feet of floor area in the building.
12.
Hotel or motel. Five (5) parking spaces plus one
(1) space for each sleeping room or suite.
13.
Medical office building. Building in which twenty
percent (20%) or more of the gross area is occupied by members of
the healing profession. One (1) parking space for each one hundred
fifty (150) square feet of the gross area used for this purpose.
14.
Manufacturing or industrial establishments, research or testing
laboratory, creamery, bottling plant, warehouse or other similar establishments. Two (2) parking spaces for every three (3) employees on the maximum
shift plus space to accommodate all trucks and other vehicles used
in connection therewith.
15.
All non-residential buildings, except those above specified. One (1) space for each three hundred (300) square feet of floor
area.
16.
Manufactured and modular homes. One (1) space for
each bathroom or fraction thereof, except there shall be a minimum
of two (2) spaces provided on the site for each home.
17.
Bed and breakfast establishment. One (1) space for
each bedroom or sleeping room. Off-street parking should be provided
at those locations where placement of a parking area, on-site, will
not detract from the residential character or architectural integrity
of the structure. On-street parking is preferred in predominately
residential areas, providing such parking will not hinder traffic
flow or negatively impact the neighborhood in which the establishment
is located. In deciding on placement of parking, consideration should
be given to aesthetics of the area and architectural character of
the structure.
18.
Amusement enterprises. As directed by City Council.
B.
Rules For Computing Parking Spaces. In computing the number
of required off-street parking spaces, the following rules shall apply:
1.
"Floor area" shall mean the gross floor area of
the specified use, excluding any floor or portion thereof used for
parking as herein defined.
2.
Where fractional spaces result, the parking spaces required shall
be the nearest whole number.
3.
In the case of mixed uses, the parking spaces required shall equal
the sum of the requirements of the various uses computed separately.
4.
Whenever a building or use constructed or established after January
1, 1960, is changed or enlarged in floor area, number of employees,
number of dwelling units, seating capacity or otherwise, parking spaces
shall be provided on the basis of the enlargement or change. Whenever
a building or use existing prior to January 1, 1960, is reconstructed
or is enlarged to the extent of twenty percent (20%) or more in floor
area, said building or use in its entirety shall then and thereafter
comply with the parking requirements set forth herein. Any enlargement
or change in use of less than twenty percent (20%) of the gross floor
area shall be provided with parking based on the enlargement or change.
C.
Location Of Required Parking Spaces. All parking spaces
required herein shall be located as follows:
1.
The parking spaces required for residential and commercial buildings
or uses shall be located on the same lot with the building or use
served. Two (2) or more owners of buildings may join together in providing
the required parking spaces. Where the required parking spaces are
located on the same lot with the building or use served, the usage
of the lot or tract upon which said parking spaces are provided shall
be restricted by an instrument of record describing the premises for
which said parking spaces are provided and assuring the retention
of such parking so long as required by this Chapter.
2.
No parking spaces may be located in a required front yard in any
residential district.
3.
Driveways shall be so arranged as to provide ingress and egress by
forward motion to public streets in all multi-family, commercial and
industrial zoning districts.
D.
Minimum Improvement And Maintenance Standards. Parking spaces,
lots and garages shall conform with the following improvement and
maintenance standards (except single-family residences):
1.
Such lot shall be surfaced either with concrete not less than six
(6) inches in thickness or with bituminous surface of not less than
two (2) inches in depth on top of a compacted, crushed stone base
not less than six (6) inches in depth or with any surfacing adjudged
by the Commission to be equal or superior to either of these types.
2.
Adequate provision shall be made for the disposal of storm water
so that water will not flow onto adjoining property or adjacent sidewalks
in a quantity or manner that would be detrimental thereto or inconvenient
to persons using the sidewalk.
3.
The location and width of entrances and exits to and from the lot
or garage shall be as determined by the City Engineer or other designated
official, but there shall not be more than one (1) entrance and one
(1) exit, or one (1) combined entrance or exit, along any one (1)
street unless same is deemed necessary by the Council for the alleviation
of traffic congestion and interference of traffic movement along such
street.
4.
A sign, the size and character of which shall be approved by the
City Engineer or other designated official, shall be installed showing
the ownership of the lot or garage and the permitted use thereof.
If the lot or garage is so operated and open to the public that a
charge is made for the use of the parking facilities, the rates for
parking shall be legibly shown upon the sign.
E.
Off-Street Loading Requirements. There shall be provided,
at the time any building is erected or structurally altered, off-street
loading space in accordance with the following requirements:
1.
Office buildings, apartments, apartment hotels, motels and
hotels. One (1) space for each five thousand (5,000) to fifty
thousand (50,000) square feet of gross floor area; two (2) spaces
for each fifty thousand (50,000) to two hundred thousand (200,000)
square feet of gross floor area; one (1) additional space for each
seventy-five thousand (75,000) square feet of gross floor area above
two hundred thousand (200,000) square feet.
2.
Retail or service establishment or wholesale commercial use. One (1) space for each two thousand (2,000) to twenty thousand (20,000)
square feet of gross floor area; two (2) spaces for each twenty thousand
(20,000) to one hundred thousand (100,000) square feet of gross floor
area; one (1) additional space for each seventy-five thousand (75,000)
square feet of gross floor area above one hundred thousand (100,000)
square feet.
3.
Maneuvering or backing up space. In all cases where
the off-street loading space is located in a manner that a truck must
back directly from a major street into a loading space, a maneuvering
space of not less than fifty (50) feet shall be provided on the lot
on which the industrial use is located.
[R.O. 2007 App. B §5(F)]
A.
Non-conforming
uses are regulated as follows:
1.
Non-conforming use of land. In the residential districts
where open land is being used as a non-conforming use and such use
is the principal use and not accessory to the main use conducted in
a building, such use shall be discontinued not later than two (2)
years from the date of passage of this Chapter. During the two (2)
year period such non-conforming use shall not be extended or enlarged,
either on the same or adjoining property. Any building incident and
subordinate to such use of land, such as a shed, tool house, storage
building, office or trailer, shall be removed at the end of the two
(2) year period, or if such building is so constructed as to permit
the issuance of a permit for a use not excluded from the district,
such building may remain as a conforming use; thereafter, both land
and building shall be used only as conforming uses.
2.
Non-conforming use of buildings. Except as otherwise
provided herein, the lawful use of a building existing at the effective
date of this Chapter may be continued although such use does not conform
to the provisions hereof. If no structural alterations are made, a
non-conforming use of a building may be changed to another non-conforming
use of the same or of a more restricted classification. Whenever a
non-conforming use has been changed to a more restricted use or to
a conforming use, such use shall not thereafter be changed to a less
restricted use. The non-conforming use of a building may be hereafter
extended throughout those parts of a building which were lawfully
and manifestly arranged or designed for such use at the time of the
enactment of this Chapter.
3.
Discontinuance of non-conforming uses.
a.
No land used in whole or in part for a non-conforming use which remains
idle or unused for a continuous period of six (6) months, whether
or not the equipment or fixtures are removed, shall again be used
except in conformity with the regulations of the district in which
it is located.
b.
No building or portion thereof used in whole or in part for a non-conforming
use which remains idle or unused for a continuous period of one (1)
year, whether or not the equipment or fixtures are removed, shall
again be used except in conformity with the regulations of the district
in which it is located.
4.
Destruction of a non-conforming use.
a.
For the purposes of this Subsection, a non-conforming use structure
shall be deemed "damaged" when said structure has been damaged by
any cause whatsoever to the extent of more than twenty percent (20%)
but less than fifty percent (50%) of the fair market value of the
building immediately prior to damage. A non-conforming use structure
shall be deemed "destroyed" when said structure has been damaged by
any cause whatsoever to the extent of fifty percent (50%) or more
of the fair market value of the structure immediately prior to damage.
b.
Any structure used in whole or in part for a non-conforming use that has been damaged or destroyed by any cause whatsoever may be restored or reconstructed to the use immediately prior to the damage or destruction, provided that the restoration or reconstruction is commenced within six (6) months from the date of such damage or destruction and the floor area of the structure is not increased above that existing prior to the damage. The restoration or reconstruction must be completed within twelve (12) months of the date of damage or destruction. In the event restoration or reconstruction is not commenced within the said six (6) month period or not completed after commencement within the said twelve (12) month period, the Building Inspector is directed to proceed to declare said property a dangerous building as provided in Chapter 505 of the Code of Ordinances. Restoration or reconstruction must reflect the architectural character of the neighboring or surrounding area. No material from the structure may be used, except those materials in which the structural stability has not been compromised or reduced by the damage. All restoration or reconstruction of a non-conforming structure following damage must be in conformity with the regulations of this Chapter and all applicable building codes.
6.
Conditional uses not conforming. Existing uses eligible
for conditional use permits shall not be non-conforming uses but shall
require a conditional use permit for any alteration, enlargement or
extension.
7.
Intermittent use. The casual, intermittent, temporary
or illegal use of land or buildings shall not be sufficient to establish
the existence of a non-conforming use and the existence of a non-conforming
use on the part of a lot or tract shall not be construed to establish
a non-conforming use on the entire lot or tract.
8.
Existence of a non-conforming use. Whether a non-conforming
use exists shall be decided by the Director of Public Works; aggrieved
parties can appeal to the Board of Adjustment.
9.
Non-conforming use not validated. A non-conforming
use in violation of a provision of the ordinance which this Chapter
repeals shall not be validated by the adoption of this Chapter.
10.
All mobile homes not in a mobile home court shall be removed within
five (5) years from the effective date of this Chapter. Any mobile
homes not in a mobile home court constitute a non-conforming use of
land. Such non-conforming use shall cease upon removal of the mobile
home or homes. Also such non-conforming use shall cease upon abandonment
or vacancy of such mobile home or homes for a period of six (6) months.
No replacement of such mobile home or homes is allowed nor will any
building permit be issued while the land remains non-conforming.
11.
Non-conforming home occupations. All home occupations
in violation of this Chapter shall be removed or brought into conformity
on or before a date not later than five (5) years from the effective
date of this Chapter.
[R.O. 2007 App. B §5(H)]
A.
The
City Planner and Building Inspector shall review and evaluate site
plan submissions for all multi-unit dwellings which exceed four (4)
units, commercial and industrial developments. The standards and criteria
listed below will be utilized in the review and evaluation process.
Following the review and evaluation, final approval for construction
will be the responsibility of the Building Inspector. The standards
and criteria are as follows:
1.
The development shall be integrated into existing terrain and surrounding
landscape. Building sites shall to the extent feasible:
a.
Minimize use of wetlands, steep slopes, flood plains, hilltops;
b.
Preserve historic or natural features;
c.
Maximize retention of open space;
d.
Preserve scenic views from publicly accessible locations;
e.
Minimize tree, vegetation and soil removal, blasting and grade changes;
f.
Screen objectionable features from neighboring properties and roadways;
and
g.
At a minimum residential developments shall have ten percent (10%)
of the total land area set aside as green space.
2.
The development shall be served with adequate water supply and sewage
disposal systems.
3.
The development shall incorporate measures that are adequate to prevent pollution of surface or ground water, to minimize erosion and sedimentation and to prevent changes in ground water levels, increased rates of runoff and minimize potential flooding. Drainage shall be designed so that ground water recharge is maximized and at the project boundaries the rate of runoff shall not be increased. A storm water management plan shall be submitted in conformance with Chapter 425.
4.
To the extent feasible, development shall minimize demands placed
on municipal services and infrastructure.
5.
The development shall provide for safe vehicular and pedestrian movement
within the site and to adjacent ways, including sidewalks, crosswalks
and other means of travel.
6.
Building design and landscaping shall be in harmony with the prevailing
character and scale of buildings in the neighborhood and the City
including the use of appropriate building materials, screening and
other architectural techniques.
7.
Electric, telephone, cable television and other such utilities shall
be underground except where this cannot be accomplished because it
is not physically or environmentally feasible, in which case such
utilities shall be screened.
8.
Exposed storage areas, machinery, service areas, truck loading areas,
utility buildings and structures and other unsightly uses shall be
set back and/or screened to protect neighbors from objectionable features.
9.
Unreasonable glare into public roads and other public ways or onto
neighboring properties from lighting or reflection shall be minimized.
10.
The site plan shall comply with all zoning requirements.
11.
Should the development be located on an unimproved road, drive or
street, the City planner will negotiate for the improvement of the
road, drive or street.
