[R.O. 1993 § 400.100; Ord. No.
1431 § X, 8-13-1968; Ord. No. 2364 § 1, 6-9-1998; Ord. No. 2690 § 1, 7-14-2009]
A.
The
lawful use of a building existing at the time of the adoption of this
Chapter may be continued even though such use does not conform with
the provisions hereof, except that industrial uses may be enlarged
up to fifty percent (50%) of their building area existing on the effective
date of this Chapter. If no structural alterations are made, a non-conforming
use of a building may be changed to another non-conforming use the
same or more restricted classifications. The foregoing provisions
shall apply to non-conforming uses in districts as may be hereafter
changed. In the event that a non-conforming use of any building or
premises is discontinued or its normal operation stopped for a period
of three (3) years, the use of the same shall thereafter conform to
the regulations of the district in which it is located.
B.
A building
which is non-conforming and has been damaged by fire, explosion, act
of God or the public enemy, regardless of extent, may be restored
to that non-conforming use or the conforming use within the zoning
regulations.
C.
A non-conforming
use occupying only a portion of a building may be extended throughout
the building if the same has been lawfully acquired and actually devoted
to such use, previous to the adoption of this Chapter or to any affecting
amendments thereof.
[R.O. 1993 § 400.110; Ord. No.
2068 § 1, 7-10-1984; Ord. No. 2364 § 1, 6-9-1998]
The height and area requirements for the various districts shall
be as follows:
|
District
|
Agricultural
|
Residential
|
Gen. Comm.
|
Cent. Bus.
|
Industrial
| |
|---|---|---|---|---|---|---|
|
Code Section
|
400.040
|
400.050 — 400.060
|
400.070
|
400.080
|
400.090
| |
|
Maximum Height
| ||||||
|
Feet
|
35
|
35
|
35
|
45
|
45
| |
|
Stories
|
2 1/2
|
2 1/2
|
2 1/2
|
3
|
3
| |
|
Minimum Yard Requirements
| ||||||
|
Front (Measured from property line)
|
10 ft.
|
25 ft.
|
10 ft.
|
—
|
10 ft.
| |
|
Side (Measured from property line)
|
15 ft.
|
8 ft.
|
8 ft.*
|
—
|
7 ft.
| |
|
Rear (Measured from property line)
|
30 ft.
|
20 ft.
|
30 ft.
|
—
|
30 ft.
| |
|
Minimum Residential Lots Width
| ||||||
|
Single
|
150 ft.
|
75 ft.
|
60 ft.
|
60 ft.
|
—
| |
|
Two
|
—
|
70 ft.
|
70 ft.
|
70 ft.
|
—
| |
|
Multiple
|
—
|
100 ft.
|
70 ft.
|
70 ft.
|
—
| |
|
____________________
|
|---|
|
*Applies only when the lot abuts a parcel of property being
used exclusively for residential purposes.
|
[R.O. 1993 § 400.120; Ord. No.
1431 § XII, 8-13-1968; Ord. No. 2364 § 1, 6-9-1998; Ord. No. 2410 § 1, 5-11-1999]
A.
The
district regulations hereinafter set forth in this Section qualify
or supplement, as the case may be, the district regulations appearing
elsewhere in this Chapter.
1.
Public, semi-public, or public service buildings, hospitals, institutions
or schools, when permitted in a district, may be erected to a height
not exceeding sixty (60) feet if the building is set back from each
yard line at least one (1) foot for each two (2) feet of additional
building height above the height limit otherwise provided in the district
in which the building is located.
2.
Chimneys, church steeples, cooling towers, elevator bulkheads, fire
towers, monuments, stacks, stage towers, or scenery lofts, tanks,
water towers, ornamental towers, spires, wireless towers, grain elevators,
or necessary mechanical appurtenances are exempt from the height regulations
as contained herein.
3.
Accessory buildings may be built in a required rear yard but such
accessory buildings shall not occupy more than thirty percent (30%)
of a required rear yard and shall not be nearer than two (2) feet
to any side or rear lot line, except that when a garage is entered
from an alley, it shall not be located closer than ten (10) feet to
the alley line. If a garage is located closer than ten (10) feet to
the main building, the garage shall be regarded as part of the main
building for the purposes of determining side and rear yards.
4.
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 for dwelling purposes.
5.
Every part of a required yard shall be open to the sky, unobstructed
by any structure, except for the projection of sills, belt course,
cornices, and ornaments, and features which are not to exceed twelve
(12) inches.
6.
No basement or cellar shall be occupied for residential purposes
until the remainder of the building has been substantially completed.
7.
Open-lattice enclosed fire escapes, fireproof outside stairways,
and balconies opening upon fire towers, and the ordinary projections
of chimneys and flues into the rear yard may be permitted by the City
Engineer for a distance of not more than three and one-half (3 1/2)
feet and where the same are so placed as not to obstruct light and
ventilation.
8.
An open unenclosed porch or paved terrace may project into a front
yard for a distance not exceeding ten (10) feet. An unenclosed vestibule
containing not more than forty (40) square feet may project into a
front yard for a distance not to exceed (4) feet.
9.
Terraces, uncovered porches, platform, and ornamental features which
do not extend more than three (3) feet above the floor level of the
ground story may project into a required yard, provided these projections
be distant at least two (2) feet from the adjacent side lot line.
10.
For purposes of the side yard regulations, a two-family dwelling,
or a multiple dwelling, shall be considered as one (1) building occupying
one (1) lot.
11.
Where a lot or tract is used for farming or for a commercial or industrial
purpose, more than one (1) main building may be located upon the lot
or tract, but only when such buildings conform to all open space requirements
around the lot for the district in which the lot or tract is located.
12.
In the event that a lot is to be occupied by a group of two (2) or
more related buildings to be used for multiple dwelling, institutional,
motel or hotel purposes, there may be more than one (1) main building
on the lot; provided, however, that the open spaces between buildings
that are parallel, or within forty-five degrees (45°) of being
parallel, shall have a minimum dimension of twenty (20) feet for one-story
buildings, thirty (30) feet for two-story buildings and forty (40)
feet for three- or four-story buildings.
13.
Where an open space is more than fifty percent (50%) surrounded by
a building, the minimum width of the open space shall be at least
twenty (20) feet for one-story buildings, thirty (30) feet for two-story
buildings, and forty (40) feet for three- or four-story buildings.
14.
No side yards are required where dwelling units are erected above
commercial and industrial structures.
15.
Where lots have double frontage, the required front yard shall be
provided on both streets.
16.
The required side yard on the street side of a corner lot shall be
the same as the required front yard on such street, except that the
building width shall not be reduced to less than thirty-two (32) feet,
and no accessory building shall be projected beyond the required front
yard on either street.
17.
Whenever a lot at the effective date (August 13, 1968) of this Chapter
has a width of less than eighty-five (85) feet, the side yards may
be reduced to a width of not less than ten percent (10%) of the width
of the lot, but in no instance shall it be less than five (5) feet.
This shall not apply to lots in industrial districts.
18.
The front yards heretofore established
shall be adjusted in the following cases:
a.
Where forty percent (40%) or more of the frontage on the same side
of a street between two (2) intersecting streets is developed with
two (2) or more buildings that have (with a variation of five (5)
feet or less) a front yard greater in depth than herein required,
new buildings shall not be erected closer to the street than the front
yard so established by the existing building nearest to the street
line.
b.
Where forty percent (40%) or more of the frontage on one (1) side
of a street between two (2) intersecting streets is developed with
two (2) or more buildings that have a front yard of less depth than
herein required, then:
1)
Where a building is to be erected on a parcel of land that is within
one hundred (100) feet of existing buildings on both sides, the minimum
front yard shall be a line drawn between the two (2) closest front
corners of the adjacent building on each side, or
2)
Where a building is to be erected on a parcel of land that is within
one hundred (100) feet of an existing building on one (1) side only,
such building may be erected as close to the street as the existing
adjacent building.
19.
Existing Platted Lots. Where a lot of record at the time of the effective
date of this Chapter or a lot in a subdivision which the City Council
has officially approved and agreed to accept at the time of the effective
date of the amendment has less area or width than herein required
in the district in which it is located, such lot may nonetheless be
used for a one-family dwelling or for any other non-dwelling use permitted
in the district in which it is located.
[R.O. 1993 § 400.130; Ord. No.
1431 § XIII, 8-13-1968; Ord. No. 2364 § 1, 6-9-1998; Ord. No. 2399 § 1, 1-12-1999]
A.
No
building shall be erected, enlarged to the extent of increasing the
floor area by as much as fifty percent (50%), or changing in use unless
there is provided on the lot, space for the parking of automobiles
or trucks in accordance with the following minimum requirements. The
regulations of this Section do not apply to the "B-2" District.
1.
Bowling alley: Five (5) parking spaces for each alley.
2.
Business, professional or public office building, studio, bank, medical
or dental clinic: Three (3) parking spaces plus one (1) additional
parking space for each four hundred (400) square feet of floor area
over one thousand (1,000).
3.
Church: One (1) parking space for each eight (8) seats in the main
auditorium.
4.
College or school: One (1) parking space for each eight (8) seats
in the main auditorium or three (3) spaces for each classroom, whichever
is greater.
5.
Community center, library, museum or art gallery: Ten (10) parking
spaces plus one (1) additional space for each three hundred (300)
square feet of floor area in excess of two thousand (2,000) square
feet.
6.
Dwellings: Two (2) parking spaces for each dwelling unit.
7.
Hospital, sanitarium, home for the aged, or similar institution:
One (1) parking space for each four (4) beds.
8.
Hotel: One (1) parking space for each three (3) sleeping rooms or
suites plus one (1) space for each two hundred (200) square feet of
commercial floor area contained therein.
9.
Manufacturing or industrial establishment, research or testing laboratory,
creamery, bottling plant, warehouse or similar establishment: One
(1) parking space for every two (2) employees on the maximum working
shift plus space to accommodate all trucks and other vehicles used
in connection therewith.
10.
Mortuary or funeral home: One (1) parking space for each fifty (50)
square feet of floor space in slumber rooms, parlors and individual
funeral service rooms.
11.
Private club or lodge: One (1) parking space for every ten (10) members.
12.
Restaurant, night club, cafe or similar recreation or amusement establishment:
One (1) parking space for each one hundred (100) square feet of floor
area.
13.
Retail store or personal service establishment: One (1) parking space
for each two hundred (200) square feet of floor area.
14.
Rooming or lodging house: One (1) parking space for each two (2)
sleeping rooms.
15.
Sports arena, stadium or gymnasium (except school): One (1) parking
space for each five (5) seats or seating spaces.
16.
Theater or auditorium (except school): One (1) parking space for
each five (5) seats or bench seating spaces.
B.
Parking In Front Yard And Side Yard Of Residences Prohibited Except On Driveway. The parking or storage of any motor vehicle, farm or construction machinery, equipment and implements in the front yard and side yard of any residence within any residential, business, industrial or mobile home park district (as listed and described in Section 400.030) is prohibited except upon a driveway which provides access to a garage, carport or parking area, provided however, that a side turnaround shall be permitted in required front yards in "R-1" Residential Districts, "R-2" Residential Districts, or any other district when the property is lawfully used for residential purposes. The driveway shall be made of an all-weather surface of concrete, asphalt or compacted rock.
1.
Variances. A variance from the requirement of this Section may be
granted by the Code Enforcement Officer upon application and a showing
of undue hardship or other special circumstances.
2.
MOTOR VEHICLE
FARM AND CONSTRUCTION MACHINERY, EQUIPMENT AND IMPLEMENTS
Definitions. For purposes of this Subsection, the terms hereinafter
listed shall have the following meanings:
Includes, but is not limited to, a motorcycle, motorbike,
all-terrain vehicle, truck, tractor, bus, motor home, recreational
vehicles, trailer, boat, jet ski, golf cart, airplane, helicopter
and lawn tractor.
Include, but are not limited to, trucks, tractors, combines,
backhoes, bulldozers, mowers, plows, harrows, ground leveling apparatus,
trailers, and all tools and equipment customarily used in farming
or construction occupations.
[R.O. 1993 § 400.135; Ord. No.
2364 § 1, 6-9-1998; Ord. No. 2396 § 1, 1-12-1999]
A.
The
following regulations shall apply to all fences within the City:
1.
Regulations.
a.
Fences in side and rear yards shall not exceed six (6) feet in height,
except that security fences in commercial and industrial districts
may be constructed up to eight (8) feet in height to include any barbed
wire used to top the fence. Fences may be constructed on the property
lines, except, however, fences or a landscaped screen on corner lots
cannot be constructed within thirty (30) feet of the intersection
of two (2) street lines.
b.
Fences located within a front yard shall be ornamental fences, constructed
of wrought iron, brick, stone, plastic, wood, or a combination of
not more than two (2) of the above-mentioned materials, and shall
not exceed thirty-six (36) inches in height. At least fifty percent
(50%) of the surface of the fence shall be open.
c.
Any fence must be constructed in a workmanlike manner.
d.
Fences enclosing swimming pools shall be a minimum of four (4) feet
in height.
2.
Exceptions.
a.
Fences surrounding tennis courts or athletic fields shall be open
wire mesh fences and shall not exceed twelve (12) feet in height with
exit gates at required intervals.
b.
Fences enclosing an institution, a public playground, elementary,
junior high or high school, or college or university site, commercial
or industrial occupancy shall not exceed eight (8) feet in height
with exit gates at required intervals.
3.
Design And Maintenance.
a.
All fences shall be maintained in their original upright condition.
b.
Fences designed for painting or similar surface finishes shall be
maintained in their original condition as designed.
c.
Missing boards, pickets or posts shall be replaced in a timely manner
with material of the same type and quality.
d.
Fences shall have adequate footings, foundations, or post depth and
size as required by the International Building Code.
4.
Prohibited Fences. The following fences are prohibited:
a.
Sharp pointed fences.
b.
No more than two (2) different types of fencing material (wood and
chain link or two (2) types of wood) are permitted in combination.
c.
No person shall erect or maintain any division fence or screen, in
whole or in part, of cloth, canvas or other like material.
d.
No person shall permit any fence erected or maintained on premises
owned, occupied or leased by him/her to be used for advertising purposes.
e.
No person shall connect any type of electrical current to an existing
or newly constructed fence.
5.
Screening/Buffer Area. At such time as a lot which is zoned commercial
or industrial is developed adjacent to a lot which is zoned residential,
a permanent screening consisting of a masonry wall, wood fence, seeded
berm, landscaping material or combination thereof, at least six (6)
feet in height shall be installed by the developer of the commercial
or industrial zoned lot. The screen shall be installed on the lot
line between the commercial or industrial lot and the residential
lot. The required screening shall have an opacity of at least eighty
percent (80%) year round and, if landscaping is used, the eighty percent
(80%) opacity shall be achieved within four (4) full growing seasons.
The required screening shall be maintained in good order and not allowed
to exist in a state of disrepair or neglect and the opacity requirements
shall be maintained. If wood fencing is used, it shall be durable
in nature or treated to prevent rapid deterioration. Failure to maintain
the required screening shall be considered a violation.
[R.O. 1993 § 400.140; Ord. No.
1431 XIV, 8-13-1968; Ord. No. 1827 § 1, 7-30-1974; Ord. No. 1947 § 1, 4-24-1979; Ord. No. 2055 § 1, 2-14-1984; Ord. No. 2364 § 1, 6-9-1998]
A.
The
City Council of Charleston may grant special use permits. The City
Council shall determine whether such building or use will:
C.
The
procedure shall be that an application is made to the City Council
for a special use permit. A study and report will be done by the City
Planning Commission. The City Council will then hold a public hearing
on the matter.
D.
Subject
to such reasonable conditions and protective restrictions as are deemed
necessary, the City Council may authorize the following special uses
in any district from which they are otherwise prohibited:
1.
Cemetery or mausoleum on sites of not less than twenty (20) acres.
2.
Greenhouse or nursery.
3.
Hospital, clinic or institution not primarily for the mentally ill
or those with contagious diseases, provided that less than forty percent
(40%) of the total land area is occupied by buildings and that all
the required yards are increased by one (1) foot for each foot of
building height in excess of height limits specified in this Chapter.
4.
Landing field or strip for aircraft.
5.
Residential or outpatient facilities for the treatment of alcohol
and other drug abuse.
6.
Commercial radio tower or broadcasting station.
7.
Removal of gravel, topsoil or similar natural material, with safeguards
for the protection of adjoining property and the community as a whole.
8.
Riding stable.
9.
Sanitary fill for the disposal of garbage or trash.
10.
Trailer or mobile home park.
12.
Private clubs and lodges.
13.
Temporary camping facilities, being camping facilities for tents,
campers and recreational vehicles and other camping equipment for
a period not to exceed seven (7) days per user.
14.
Funeral homes or mortuaries.
15.
Auto wrecking yard and junk yard.
a.
No person, firm, or corporation shall establish, maintain or operate
an auto wrecking shop, auto salvage yard or junk yard in the City
of Charleston, Missouri, who does not possess a permit to establish,
maintain or operate the same from the City Manager of Charleston,
Missouri. This permit shall be issued only upon the payment of the
annual license fee, and after the City Manager has satisfied himself
that the applicant for such permit has and will comply with all of
the requirements of this Subsection.
b.
No auto wrecking shop, auto salvage yard or junk yard shall be established,
maintained or operated within two hundred (200) feet of any City street
in the City of Charleston, Missouri, unless the same is screened from
public view by a high board or other satisfactory type of fence, not
less than ten (10) feet high, and of sufficient height to screen the
wrecked or disabled automobiles or junk left thereon from the view
of persons using said City streets, whether on foot or in vehicles.
c.
No auto wrecking shop, auto salvage yard or junk yard shall be established
in any area of the said City which is used seventy-five percent (75%)
for residential purposes, and shall not be established in any other
area of the City unless the person, firm or corporation applying for
said permit shall obtain the written consent of at least seventy-five
percent (75%) of all resident property owners within a radius of three
hundred (300) feet from the property in and on which applicant is
desiring to obtain a permit for the establishment, maintenance and
operation of said auto wrecking shop, auto salvage yard or junk yard.
d.
Any person, firm or corporation to whom a permit shall be issued
to operate an auto wrecking shop, auto salvage yard or junk yard shall
maintain, establish and operate the same in such manner as not to
be unsightly or hazardous, as to the health or safety of the inhabitants
of the City of Charleston, Missouri, and so as not to be detrimental
to surrounding businesses.
e.
For the purposes of this Subsection, a "junk yard" is hereby declared
to be an establishment wherein a person, firm or corporation is established
in the business of buying or selling or offering for sale old iron,
brass, steel, rags, bottles and other items commonly discarded and
classed as junk. An "auto wrecking shop" or "auto salvage yard" shall
be defined as an establishment that is maintained and operated for
the purposes of junking old, used motor vehicles of all types, kinds
and descriptions for the purpose of salvaging parts therefrom, or
dismantling the same so that it could be classed as old iron and other
metals, or as junk.
16.
Family daycare.
