[R.O. 2011 § 400.140; R.O. 2009
§ 156.025; CC 1981 § 30-26; Ord. No. 77-31, 7-5-1977; Ord. No. 92-302, 12-16-1992; Ord. No. 98-209, 5-15-1998; Ord. No. 04-176, 8-4-2004; Ord.
No. 10-74 § 1, 4-22-2010; Ord. No. 10-244 § 1, 11-18-2010; Ord. No. 11-26 § 2, 2-4-2011]
A. Purpose. The purpose of the "A" Agricultural
District is to provide for agricultural activities, to provide for
spacious residential development for those who choose this environment
and to prevent untimely scattering of more dense urban uses, which
should be confined to areas planned for efficient extension of public
services.
B. Permitted Uses. A building or land in the
"A" Agricultural District shall be used only for the following purposes:
1.
Agricultural activities on a farm
of three (3) acres or more, including general farming, truck gardening,
cultivation of field crops, orchards, groves or nurseries for growing
or propagation of plants, turf, trees and shrubs, dairy farming, keeping
or raising for sale of large or small animals, reptiles, fish, birds
or poultry and including structures for storage and processing; provided,
that commercial slaughtering and processing of large animals such
as horses, cows, pigs, sheep or goats shall not be conducted on the
premises.
2.
Educational facilities such as:
a.
Public zoological gardens;
b.
Public botanical gardens;
4.
Public and private parks and open
spaces.
7.
Wildlife reservations and other similar
conservation projects.
8.
Placement of a telecommunication
antenna on an existing telecommunication tower (co-location) where
no expansion or enlargement of the existing tower enclosure is required.
C. Permitted Accessory Uses. The following
accessory uses are permitted in the "A" District:
1.
Buildings used as contractors' or
construction operations during development of the tract or subdivision
on which they are located. They shall be removed upon completion or
abandonment of the project or the end of a two-year period, whichever
is sooner.
2.
Dwelling unit used for guests.
3.
Fertilizer storage, for farm use
only, in bags or bulk storage of liquid or dry fertilizer in tanks
or in a completely enclosed building, but not manufacture, processing,
retail or wholesale.
5.
Garden house, tool house, playhouse
or greenhouse incidental to residential use.
6.
Grain storage, blending and packaging
for farm use only, but not milling.
9.
Storage of a boat trailer, self-propelled
camper, camp trailer or a boat, but not in a front yard.
D. Conditional Uses.
1.
The following uses may be permitted
in the "A" District as conditional uses if approved by the City Council
following recommendation by the Planning and Zoning Commission:
a.
Airports and landing fields and accessory
uses for general aviation.
b.
Archery range, provided, that such
range is approved by the Chief of Police.
c.
Cemetery on a site of not less than
twenty (20) acres.
d.
Circus or carnival grounds, amusement
park, zoo or midway, permanent or temporary, for specified time period.
e.
Day camps and campgrounds.
f.
Day care facilities subject to the
following as may be modified through the conditional use process:
(1) Not more than ten (10)
children not related to the operator shall be kept. Up to three (3)
additional children over the age of two (2) may be kept for up to
two (2) hours per day. Up to three (3) additional school-age children
may be kept on unscheduled days of school closings; provided, that,
at no time shall more than thirteen (13) children not related to the
operator be kept.
(2) Such uses shall be permitted
only if the rear yard in which the home would operate meets the minimum
requirements of this Section and is enclosed with a suitable fence.
(3) Such uses are located
in the dwelling used by the operator as his/her private residence.
(4) The operator shall not
employ more than one (1) full-time [forty (40) hours per week] assistant
who does not reside on the premises or more than two (2) half-time
[twenty (20) hours per week] assistants who do not reside on the premises.
(5) No advertising or identification
sign shall be placed on the premises.
(6) All City health and
fire regulations are met.
(7) All applicable State
regulations are met.
g.
Dog kennels, commercial or non-commercial;
provided any commercial open pens, runs, cages or kennels shall be
located at least two hundred (200) feet from any side or rear lot
lines.
h.
Dwellings and mobile homes occupied
by persons employed on the premises or immediate members of the family
or families owning or operating a farm.
i.
Educational institutions, including
museums, art galleries and libraries.
j.
Excavation or filling, borrow pits,
extraction, processing and removal of sand, gravel or stone and other
major excavations other than for construction of swimming pools and
foundations for buildings.
k.
Exposition center or fairgrounds.
l.
Golf courses, putting greens, driving
ranges and similar activities operated as a business, including a
building for a golf shop, locker room and snack bar as an accessory
use to a golf course; provided no such building is located closer
than one hundred (100) feet from adjoining property lines.
m.
Hospital or clinic for large or small
animals; provided, that all buildings, structures, pens or open kennels
shall be located at least two hundred (200) feet from any lot lines.
n.
Hospitals, congregate care facilities
and group living arrangements.
o.
Livestock auction market.
p.
Racetrack, any type, subject to the
following requirements for protective screening: where a racetrack
directly adjoins a residential zoning district or a "PD" zoning district,
a landscaped greenbelt at least fifty (50) feet in width shall be
provided and maintained along the appropriate property line by the
owners and/or managers of the racetrack. The undeveloped area shall
be planted with trees or shrubs or shall be maintained in a well kept
lawn. The greenbelt shall not be used for off-street parking facilities,
for driveways or for open storage. Along the inner side of the greenbelt,
there shall be provided a masonry wall at least six (6) feet in height
above grade to separate the greenbelt from the racetrack facilities.
q.
Radio television transmission receiving station or tower; subject to building codes and further regulations of Section
400.470.
r.
Recreational uses or facilities,
commercially operated or for a private membership, such as game courts,
swimming pools, tennis clubs, fishing or boating lakes, camping areas,
picnic grounds, dude ranches or similar activities; and accessory
facilities, including the sale of food, beverages, bait, incidentals,
supplies and equipment; provided, that no such use, structure or accessory
use is located closer than fifty (50) feet to any adjoining property
lines.
s.
Riding academies and commercial stables;
provided, that any buildings for the keeping of animals shall be located
at least two hundred (200) feet from any side or rear lot lines and
the site size of the lot shall be no less than forty (40) acres.
t.
Sports arenas or stadiums, commercial
athletic fields or baseball parks.
u.
Temporary and conditional permits
may be provided for a period of two (2) years or less for the following
uses:
(1) Asphalt batching plants
or concrete batching plants.
(2) Non-accessory tents
for special purposes.
(3) Outdoor displays for
promotional activities.
v.
Telecommunication towers, antennas
attached to structures, or placement of a telecommunication antenna
on an existing tower (co-location) where an expansion or enlargement
of the existing tower enclosure is required. Telecommunication towers
shall be located only on property that is a non-residential use.
w.
Warming and cooling centers when
accessory to a church or other place of worship. Occupancy limits
for a warming and cooling center shall be determined by the Building
Code Official and Fire Marshal.
2.
The provisions of this Section shall
apply to all new uses and to existing uses where a substantial change
or expansion to the layout, operation or configuration is proposed.
E. Design Standards. (See also Article
III, Division 2, Design Standards, for additional regulations.) In the "A" District, the design standards shall be as follows:
1.
Minimum lot area: three (3) acres.
2.
Minimum lot width at the building
line: one hundred fifty (150) feet.
3.
Minimum street frontage: twenty-five
(25) feet.
4.
Minimum lot depth: two hundred (200)
feet.
5.
Maximum height of building: two and
one half (2 1/2) stories or thirty-five (35) feet.
6.
Minimum setback requirements measured
from building line to property line:
a.
Front yard setback: fifty (50) feet.
b.
Side yard setback: twenty (20) feet.
c.
Rear yard setback: five (50) feet.
7.
Off-street parking and loading requirements shall be as contained in Article
V, Division 1, Parking.
8.
Minimum Floor Elevation. Floor elevations
shall be at least one (1) foot above the Corps of Engineers' 100-year
flood elevation.
9.
Protective Screening. All exterior solid waste containers and container racks or stands for any non-conforming use which is a permitted or conditional use in any multi-family, commercial or industrial district shall be screened from public view by an enclosure which complies with the requirements contained in Section
400.965(B)(4).
[R.O. 2011 § 400.150; R.O. 2009
§ 156.026; CC 1981 § 30-27; Ord. No. 77-31, 7-5-1977; Ord. No. 83-2, 1-5-1983; Ord. No. 92-302, 12-16-1992; Ord. No. 93-191, 9-8-1993; Ord.
No. 94-95, 4-20-1994; Ord. No. 94-126, 6-8-1994; Ord. No. 95-11, 1-11-1995; Ord. No. 96-256, 9-19-1996; Ord. No. 98-209, 5-15-1998; Ord.
No. 99-53, 2-4-1999; Ord. No. 99-205, 6-3-1999; Ord. No. 99-344, 10-7-1999; Ord. No. 01-111, 6-8-2001; Ord. No. 04-176, 8-4-2004; Ord.
No. 04-286, 12-29-2004; Ord. No. 06-163, 6-30-2006; Ord. No. 10-74 § 1, 4-22-2010; Ord. No. 10-244 § 1, 11-18-2010; Ord. No. 11-26 § 3, 2-4-2011; Ord. No. 13-048 § 1, 2-22-2013]
A. Purpose. The purpose of the "R-1C," "R-1D,"
"R-1E" Single-Family Residential Districts is to provide for low-density,
single-family, residential development on lots where water and sewer
facilities generally are provided, together with such churches, recreational
facilities and accessory uses as may be necessary or are normally
compatible with residential surroundings. In general, the districts
are located where urbanization and full utilities and public services
exist or are planned for the reasonably near future.
B. Permitted Uses. Buildings or land in the
"R-1C," "R-1D," "R-1E" Districts shall be used only for the following
uses:
[Ord. No.
19-198, 10-1-2019; Ord. No. 20-065, 5-19-2020; Ord. No. 22-104, 8-2-2022]
1.
Group living arrangements.
2.
Public parks and open spaces.
3.
Parking lots for governmental purposes.
4.
Public schools, government-owned buildings and places of worship.
5.
Single-family dwellings, but not manufactured homes.
6.
Shouse, provided:
a.
The subject property has an area of one (1) acre or greater;
and
b.
The subject property is not located within a platted subdivision;
and
c.
The following architectural features are provided:
(1) Residential-style windows and doors shall be provided
upon the primary elevation. If an overhead door is proposed on the
primary elevation it shall not be required to provide windows.
(2) A pitched roof shall be provided on the entire
structure.
7.
Telecommunication, specifically placement of a telecommunication
antenna on an existing telecommunication tower (co-location) where
no expansion or enlargement of the existing tower enclosure is required.
C. Permitted Accessory Uses. The following
accessory uses are permitted in the "R-1C," "R-1D," "R-1E" Districts:
1.
Buildings used as contractors' or
construction operations during development of the tract or subdivision
on which they are located. They shall be removed upon completion or
abandonment of the project or at the end of a two (2) year period,
whichever is sooner.
3.
Garden house, tool house, playhouse
or greenhouse incidental to residential use.
5.
Swimming pools and game courts, lighted or unlighted, for use by occupants or their guests in accord with the conditions stated in Section
400.620.
D. Conditional Uses.
[Ord. No. 15-295 § 1, 12-15-2015; Ord. No. 16-266 § 2, 12-20-2016; Ord. No. 17-261, 11-21-2017; Ord. No. 19-198, 10-1-2019; Ord. No. 22-104, 8-2-2022]
1.
The following uses may be permitted in the "R-1C," "R-1D," and
"R-1E" Districts as conditional uses if approved by the City Council
following recommendation by the Planning and Zoning Commission:
a.
Adult day care facilities.
b.
Amateur radio operator's equipment, as licensed by the FCC,
but not more than twenty (20) feet above the highest point of the
primary structure on the property.
d.
Cemetery on a site of one (1) acre or more.
e.
Day care facilities subject to the following as may be modified
through the conditional use process.
(1) Day care facilities located in an existing public or private school and accommodating students of that school only are not required to follow the procedures outlined in Section
400.1090.
(2) Not more than ten (10) children not related to
the operator shall be kept. Up to three (3) additional children over
the age of two (2) may be kept for up to two (2) hours per day. Up
to three (3) additional school-age children may be kept on unscheduled
days of school closings, provided that at no time shall more than
thirteen (13) children not related to the operator be kept.
(3) Such uses shall be permitted only if the rear yard
in which the home would operate meets the minimum requirements of
this Section and is enclosed with a suitable fence.
(4) Such uses are located in the dwelling used by the
operator as his/her private residence.
(5) The operator shall not employ more than one (1)
full-time [forty (40) hours per week] assistant who does not reside
on the premises or more than two (2) half-time [twenty (20) hours
per week] assistants who do not reside on the premises.
(6) No advertising or identification sign shall be
placed on the premises.
(7) All City health and fire regulations are met.
(8) All applicable State regulations are met.
f.
Educational facilities such as public zoological gardens and
public botanical gardens.
g.
Farm, truck garden, orchard or nursery.
h.
Golf courses, not lighted for night play, but including a building
for a golf shop, locker room and snack bar as an accessory use to
a golf course; provided no such building is located closer than one
hundred (100) feet to adjoining property lines; and not including
miniature golf courses, putting greens, driving ranges and similar
activities operated as a business.
i.
Meeting facilities for fraternal, masonic and philanthropic
clubs and organizations.
j.
Private club associated with a subdivision development or neighborhood
clubs or neighborhood associations.
k.
Private dining service only within the Extended Historic Preservation
District.
l.
Recreation facilities, such as fishing or boating lakes, boat
docks, picnic grounds, swimming or tennis clubs or similar activities,
and accessory facilities, including sale of food, beverages or bait.
m.
Shipping container homes, provided:
(1) The structure complies with all applicable provisions
of the International Building Code;
(2) The structure is completely enclosed with vinyl,
wood, cement board or brick siding; and
(3) The structure has a pitched roof constructed of
wood or metal.
In approving the conditional use, the Planning and Zoning Commission
may recommend and the City Council may impose additional conditions
that are deemed necessary to maintain the desired consistency of land
uses, land use intensities and land use impacts as related to the
environs of the subject property.
|
n.
Short-term rental, provided the property satisfies the requirements provided in Section
400.421.
o.
Shouse, provided:
(1) The subject property has an area of less than one
(1) acre; or
(2) The subject property is located within a platted
subdivision; and
(3) The following architectural features are provided:
(a) Residential-style windows and doors shall be provided
upon the primary elevation. If an overhead door is proposed on the
primary elevation it shall not be required to provide windows.
(b) A pitched roof shall be provided on the entire
structure.
p.
Telecommunication towers, antennas attached to structures, or
placement of a telecommunication antenna on an existing tower (co-location)
where an expansion or enlargement of the existing tower enclosure
is required. Telecommunication towers shall be located only on property
that is a non-residential use.
q.
Warming and cooling centers when accessory to a church or other
place of worship. Occupancy limits for a warming and cooling center
shall be determined by the Building Code Official and Fire Marshal.
r.
Wildlife reservations and similar conservation projects.
2.
The provisions of this Section shall apply to all new uses and
to existing uses where a substantial change or expansion to the layout,
operation or configuration is proposed.
E. Design Standards. (See also Article
III, Division 2, Design Standards, for additional regulations.) The following design standards are required in the "R-1C," "R-1D," "R-1E" Districts:
1.
Minimum lot area:
a.
"R-1C" District: twelve thousand
five hundred (12,500) square feet.
b.
"R-1D" District: nine thousand (9,000)
square feet.
c.
"R-1E" District: seven thousand (7,000)
square feet.
2.
Minimum lot width at the building
line:
a.
"R-1C" District: one hundred (100)
feet.
b.
"R-1D" District: seventy-five (75)
feet.
c.
"R-1E" District: sixty (60) feet.
d.
Two hundred (200) feet for a church.
3.
Minimum street frontage shall be
twenty-five (25) feet.
4.
Minimum lot depth:
a.
"R-1C" District: one hundred twenty
five (125) feet.
b.
"R-1D" District: one hundred (100)
feet.
c.
"R-1E" District: one hundred (100)
feet.
5.
Minimum setback requirements measured
from the building line to the property line:
a.
Front yard setback:
(1) "R-1C" District: thirty
(30) feet.
(2) "R-1D," "R-1E" Districts:
twenty-five (25) feet.
b.
Side yard setback:
(1) "R-1C" District: ten
(10) feet.
(2) "R-1D" and "R-1E" Districts:
seven (7) feet.
c.
Rear yard setback: twenty-five (25)
feet.
6.
Maximum Lot Coverage. Not more than
forty percent (40%) of the lot area shall be covered by the principal
building and accessory structures.
7.
Maximum height of building: two and
one half (2 1/2) stories or thirty-five (35) feet.
8.
Minimum floor area in square feet:
one thousand (1,000) square feet for a single-family dwelling unit.
9.
Public Utilities. Requirements are contained in Section
400.610.
10.
Off-Street Parking And Loading Requirements.
a.
Requirements for off-street parking and loading are contained in Article
V, Division 1, Parking.
b.
One (1) commercial vehicle licensed
for not more than twelve thousand (12,000) pounds gross vehicular
weight and used by the occupant of the dwelling may be parked on the
premises.
c.
Protective Screening. All exterior solid waste containers and container racks or stands for any non-conforming use, which is a permitted or conditional use in any multi-family, commercial or industrial district, shall be screened from public view by an enclosure which complies with the requirements contained in Section
400.965(B)(4).
[R.O. 2011 § 400.160; R.O. 2009
§ 156.027; CC 1981 § 30-28; Ord. No. 77-31, 7-5-1977; Ord. No. 91-62, 3-25-1991; Ord. No. 92-302, 12-16-1992; Ord. No. 94-95, 4-20-1994; Ord.
No. 98-209, 5-15-1998; Ord. No. 99-53, 2-4-1999; Ord. No. 99-205, 6-3-1999; Ord. No. 99-344, 10-7-1999; Ord. No. 01-111, 6-8-2001; Ord.
No. 04-176, 8-4-2004; Ord. No. 10-244 § 1, 11-18-2010]
A. Purpose. The purpose of the "R-2" Two-Family
Residential District is to provide for duplex development in areas
appropriate for such uses, particularly as a transitional area between
single-family areas and major roads or more intensive uses such as
commercial, industrial or multi-family developments. Population density
and height of buildings are intended to be generally compatible with
any adjacent single-family residential developments to be protected.
B. Permitted Uses. A building or land in the
"R-2" District shall be used only for the following purposes:
1.
Any use permitted in the "R-1C,"
"R-1D" and "R-1E" Single-Family Residential District.
C. Permitted Accessory Uses. Any accessory
use permitted in the "R-1C," "R-1D" and "R-1E" Single-Family Residential
District is a permitted accessory use in the "R-2" District.
D. Conditional Uses.
1.
The following uses may be permitted
as conditional uses in the "R-2" District if approved by the City
Council following recommendation by the Planning and Zoning Commission:
a.
Any conditional use of the "R-1C,"
"R-1D" and "R-1E" Single-Family Residential Districts.
b.
Bed-And-Breakfast Establishments.
For informational purposes only, an applicant for a conditional use
under this Subsection shall forward a copy of the application to the
City Councilmember in whose ward the proposed use is located.
2.
The provisions of this Section shall
apply to all new uses and to existing uses where a substantial change
or expansion to the layout, operation or configuration is proposed.
E. Design Standards. (See also Article
III, Division 2, Design Standards, for additional regulations.) In the "R-2" District the design standards shall be:
1.
Minimum lot area: nine thousand (9,000)
square feet.
2.
Minimum lot width at the building
line: seventy-five (75) feet; minimum street frontage shall be twenty-five
(25) feet.
3.
Minimum lot depth: one hundred twenty
(120) feet.
4.
Maximum height of building: two and
one-half (2 1/2) stories or thirty-five (35) feet.
5.
Minimum setback requirements measured
from building line to property line:
a.
Front yard setback: twenty-five (25)
feet.
b.
Side yard setback: seven (7) feet.
c.
Rear yard setback: twenty-five (25)
feet.
6.
Maximum Lot Coverage. Not more than
forty percent (40%) of the lot area shall be covered by the principal
building and accessory structures.
7.
Minimum Floor Area In Square Feet.
No dwelling unit in an "R-2" zone shall have a living area of less
than seven hundred (700) square feet.
8.
Public Utilities. Requirements are contained in Section
400.610.
9.
Off-Street Parking And Loading Requirements.
a.
Requirements are contained in Article
V, Division 1, Parking.
b.
One (1) commercial vehicle licensed
for not more than twelve thousand (12,000) pounds gross vehicular
weight and used by the occupant of the dwelling may be parked on the
premises.
10.
Protective Screening. All exterior solid waste containers and container racks or stands for any non-conforming use which is a permitted or conditional use in any multi-family, commercial or industrial district, shall be screened from public view by an enclosure which complies with the requirements contained in Section
400.965(B)(4).
[R.O. 2011 § 400.170; R.O. 2009
§ 156.028; CC 1981 § 30-29; Ord. No. 77-31, 7-5-1977; Ord. No. 82-29, 4-21-1982; Ord. No. 90-188, 7-18-1990; Ord. No. 98-209, 5-15-1998; Ord.
No. 99-53, 2-4-1999; Ord. No. 99-205, 6-3-1999; Ord. No. 99-344, 10-7-1999; Ord. No. 04-176, 8-4-2004; Ord. No. 10-244 § 1, 11-18-2010]
A. Purpose. The purpose of the "R-3A" Multiple-Family
Residential District is to provide for a variety of housing types
and residential densities as might be appropriate for row houses,
garden apartments or townhouse developments in areas appropriately
located for such use, which areas are well located with respect to
major thoroughfares, shopping facilities and centers of employment.
B. Permitted Uses. A building or land in the
"R-3A" District shall be used only for the following purposes:
1.
Any use permitted in the "R-1C,"
"R-1D" and "R-1E" Single-Family Residential District.
2.
Any use permitted in the "R-2" Two-Family
Residential District.
3.
Apartment buildings, residential
condominiums, townhouses, row houses and other types of multiple-family
dwellings.
4.
Senior Housing Facilities.
[Ord. No.
15-069 § 2, 4-21-2015]
C. Permitted Accessory Uses. The following
accessory uses are permitted in the "R-3A" District:
1.
Any accessory use permitted in the
"R-1C," "R-1D," "R-1E" and "R-2" residential districts.
2.
A laundry room for use of occupants
of a multiple-family dwelling development.
3.
An office located in a main building
for administration of a multiple-family development containing ten
(10) or more dwelling units.
4.
Coin-operated vending machines for
candy, tobacco, ice, soft drinks and sundries located inside a building
and for the use of occupants of a multiple-family dwelling development.
5.
Club and recreational facility for
use of occupants of a multiple-family development.
D. Conditional Uses.
1.
The following uses may be permitted
in the "R-3A" District as conditional uses if approved by the City
Council following recommendation by the Planning and Zoning Commission:
a.
Conditional uses in any "R-1" or
"R-2" zoning district.
b.
Congregate care facilities.
c.
Hospitals and orphanages, subject to the requirements of Section
400.440.
d.
Store for sale of food and sundries,
not exceeding one thousand (1,000) square feet of total floor area,
inside a multiple-family dwelling development and primarily for the
convenience of residents of a multiple-family development.
2.
The provisions of this Section shall
apply to all new uses and to existing uses where a substantial change
or expansion to the layout, operation or configuration is proposed.
E. Design Standards. (See also Article
III, Division 2, Design Standards, for additional regulations.) The following design standards are required in the "R-3A" District:
1.
Minimum lot area: ten thousand (10,000)
square feet.
2.
Minimum lot width:
a.
Minimum width at the building line:
seventy-five (75) feet.
b.
Minimum street frontage: twenty-five
(25) feet.
3.
Minimum lot depth: one hundred twenty-five
(125) feet.
4.
Maximum height of building: three
(3) stories or forty-five (45) feet.
5.
Minimum setback requirements measured
from building line to property line:
a.
Front yard setback: twenty-five (25)
feet.
b.
Side yard setback: seven (7) feet.
c.
Rear yard setback: twenty-five (25)
feet.
d.
Minimum horizontal distance between
buildings on the same lot: thirty (30) feet.
6.
Maximum Lot Coverage. Not more than
forty percent (40%) of the lot area shall be covered by the principal
buildings and accessory structures.
7.
Residential Density. The density
shall not exceed eighteen (18.0) dwelling units per acre (DU/A).
8.
Protective Screening. All exterior solid waste containers and container racks or stands for a multiple-family dwelling shall be screened from public view by an enclosure which complies with the requirements contained in Section
400.965(B)(4).
9.
Public Utilities. Requirements are contained in Section
400.610.
10.
Off-Street Parking And Loading. Requirements are contained in Article
V, Division 1, Parking.
[R.O. 2011 § 400.180; R.O. 2009
§ 156.029; CC 1981 § 30-31; Ord. No. 77-31, 7-5-1977; Ord. No. 92-302, 12-16-1992; Ord. No. 98-209, 5-15-1998; Ord. No. 10-74 § 1, 4-22-2010; Ord.
No. 10-244 § 1, 11-18-2010]
A. Purpose. The purpose of the "R-M" Manufactured/Modular
Residential District is to provide for well designed mobile home parks
in areas where public utilities are available and to establish basic
standards which will determine the character of this land use and
its effect on surrounding properties.
B. Permitted Uses. A building or land in the
"R-M" District shall be used only for the following purposes:
2.
Public buildings, parks and open
space.
4.
Public and private schools.
5.
Placement of a telecommunication
antenna on an existing telecommunication tower (co-location) where
no expansion or enlargement of the existing tower enclosure is required.
6.
Shipping container homes.
[Ord. No. 16-266 § 3, 12-20-2016]
C. Permitted Accessory Uses. The following
accessory uses are permitted in the "R-M" District:
1.
For Mobile Home Parks. Management
headquarters, recreational facilities, community building, including
toilets, showers, laundry facilities, vending machines and other uses
and structures customarily incidental to the operation of a mobile
home park.
2.
For Individual Mobile Home Lots.
a.
Porches within side yard setback
requirements.
b.
Storage buildings in conformance with Section
400.530.
D. Design Standards. (See also Article
III, Division 2, Design Standards, for additional regulations.) The following design standards are required in the "R-M" District:
1.
Minimum lot area:
a.
Mobile home park: eight (8) acres.
b.
Individual lot: five thousand (5,000)
square feet.
2.
Minimum lot width at building line:
a.
Mobile home park: two hundred (200)
feet.
b.
Individual lot: forty-five (45) feet.
3.
Minimum street frontage: twenty-five
(25) feet.
4.
Minimum lot depth:
a.
Mobile home park: two hundred (200)
feet.
b.
Individual lot: one hundred ten (110)
feet.
5.
Minimum setback requirements measured
from the mobile home to the lot line:
a.
Front yard setback:
(1) Public street or road:
thirty (30) feet.
(2) Interior access drive:
ten (10) feet.
b.
Side yard setback: six (6) feet.
c.
Rear yard setback: twenty-five (25)
feet.
d.
No more than one (1) mobile home
shall be located on any one (1) lot.
6.
Minimum distance between manufactured/
modular/mobile homes: ten (10) feet.
7.
Maximum Lot Coverage. Each mobile
home dwelling, including all accessory buildings, garages and porches,
shall cover no more than fifty percent (50%) of each dwelling site
or lot.
8.
Public Utilities.
a.
The mobile home park shall comply
with all sanitary and other requirements prescribed by law or regulation.
b.
All utility lines shall be underground,
including electrical wiring and telephone lines.
c.
Each mobile home lot shall be provided
with electrical outlets installed in accordance with applicable codes
and regulations.
d.
Each mobile home lot shall be provided
with individual water and sewer connections to public water and sewer
systems.
9.
Mobile Home Park Expansion. No existing
mobile home park shall be enlarged or extended:
a.
When such park does not meet the
applicable health or safety requirements.
b.
Where such park is in violation of
regulations and standards regarding sewage treatment or discharge,
pollution or water quality.
c.
Unless such extension conforms to
these regulations.
10.
Protective Screening. Mobile home
parks shall be surrounded by a landscaped or wooded strip of open
space at least twenty-five (25) feet wide along all exterior lot lines
or street frontages. The rear yard setback requirements may be used
for partial fulfillment of the protective screening requirements.
11.
Open Space. Open space accessible
to all mobile home occupants and suitable for use as a recreational
land area shall be provided within the mobile home park at a ratio
of three hundred (300) square feet per mobile home lot with a minimum
of seven thousand five hundred (7,500) square feet per mobile home
park.
12.
Off-Street Parking And Loading.
a.
A minimum of two (2) paved off-street
parking spaces shall be provided for each mobile home lot.
b.
Additional requirements are contained in Article
V, Division 1, Parking.
13.
Mobile Home Park Access And Interior
Circulation.
a.
Access to the mobile home park or
subdivision shall be from a collector or arterial street.
b.
The number and location of access
drives shall be controlled for traffic safety and protection of surrounding
properties.
c.
No individual lot shall have direct
access to a street outside the boundaries of the park.
d.
Interior access drives shall be properly
lighted.
e.
Interior access drives and through
or collector streets shall be in compliance with the standards of
the subdivision regulations. Installations to discourage speeding
through the park shall be approved by the Public Works Department.
14.
Mobile Home Structures.
a.
All mobile homes shall be securely
tied down. Tie downs shall meet the specifications and requirements
of the City and the State.
b.
It shall be the responsibility of
the mobile home park owner or operator to ensure that the tie down
regulation is complied with as provided for by the City or State Statutes.
c.
Underskirting for all mobile homes
shall be installed to completely enclose all areas directly under
the mobile home.
15.
Protective Screening Of Solid Waste Facilities. All exterior solid waste containers and container racks or stands for any non-conforming use which is a permitted or conditional use in any multi-family, commercial or industrial district shall be screened from public view by an enclosure which complies with the requirements contained in Section
400.965(B)(4).
[R.O. 2011 § 400.190; R.O. 2009
§ 156.030; CC 1981 § 30-32; Ord. No. 77-31, 7-5-1977; Ord. No. 82-29, 4-21-1982; Ord. No. 85-46, 5-8-1985; Ord. No. 90-188, 7-18-1990; Ord.
No. 96-327, 11-21-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 00-78, 4-5-2000; Ord. No. 01-113, 6-8-2001; Ord. No. 01-156, 7-19-2001; Ord.
No. 04-176, 8-4-2004; Ord. No. 06-357, 12-20-2006; Ord. No. 09-227, 12-10-2009; Ord. No. 10-74 § 1, 4-22-2010; Ord. No. 10-244 § 1, 11-18-2010; Ord. No. 11-26 § 4, 2-4-2011; Ord.
No. 11-41 § 1, 3-16-2011; Ord. No. 11-106 § 1, 6-9-2011; Ord.
No. 12-165 § 2, 9-28-2012; Ord. No. 12-231 § 1, 12-6-2012]
A. Purpose. The purpose of the "O-I" Office
Institution District is to provide for the development of certain
low-intensity business and professional offices. The district will
ensure compatible uses of commercial and adjacent residential districts
by serving as a transitional area, generating a light vehicular and
pedestrian traffic flow.
B. Permitted Uses. All uses in the "O-I" District
are restricted to low-intensity, light traffic-generating businesses
and offices and for the following purposes:
[Ord. No. 15-069 § 3, 4-21-2015; Ord. No. 18-28312-18-2018; Ord. No. 22-104, 8-2-2022]
1.
Uses permitted in any "R-1" or "R-2" District except single-family
or two-family residences.
2.
Banks and savings and loan associations without drive-up service.
3.
Congregate care facilities.
4.
Day care facilities or adult day care facilities.
5.
Hospitals and orphanages, subject to the requirements of Section
400.440.
6.
Institutions, art galleries and museums.
7.
Institutions of higher education, including classroom buildings,
dormitories, gymnasiums and other uses incidental to the operation
of an institution of higher education.
9.
Public parks and open spaces.
10.
Senior housing facilities, provided that such facilities are
offered on the same lot as a congregate care facility as defined within
this Chapter.
11.
Short-term rental, subject to Section
400.421 and is located within the following Superimposed Districts:
C. Conditional Uses.
[Ord. No. 18-283, 12-18-2018; Ord. No. 22-104, 8-2-2022]
1.
The following uses may be permitted in the "O-I" District as
conditional uses if approved by the City Council following recommendation
by the Planning and Zoning Commission:
b.
Fraternity or sorority houses.
c.
Halfway house subject to the following as may be modified through
the conditional use process:
(1) One (1) parking space for every four (4) residents,
including staff residents.
(2) No exterior evidence of such use and no sign advertising
the use.
(3) At the time of original approval, no facility shall
be located within five hundred (500) feet of another such facility,
group living arrangement, congregate care facility, day care home
or facility, residential district or use, hotel or motel, boardinghouse
or guest house. The City Council shall have the authority to waive
this requirement if the facilities are separated by a major thoroughfare,
major waterway or other comparable barrier.
(4) The applicant shall demonstrate that there is no
negative impact property within five hundred (500) feet of the proposed
facility.
(5) The original permit shall be limited to a one (1)
year period, but may be renewed thereafter for two (2) year periods
by the City Council. Renewals may be granted only after a public hearing.
d.
Halfway house for juvenile offenders subject to the following
as may be modified through the conditional use process:
(1) No exterior evidence of such use and no sign advertising
the use.
(2) At the time of original approval, no facility shall
be located within five hundred (500) feet of another such facility,
group living arrangement, congregate care facility, day care home
or facility, residential district or use, hotel or motel, boardinghouse
or guest house. The City Council shall have the authority to waive
this requirement if the facilities are separated by a major thoroughfare,
major waterway or other comparable barrier.
(3) The applicant shall demonstrate that there is no
negative impact property within five hundred (500) feet of the proposed
facility.
(4) The original permit shall be limited to a one (1)
year period, but may be renewed thereafter for two (2) year periods
by the City Council. Renewals may be granted only after a public hearing.
e.
Telecommunication towers, antennas attached to structures, or
placement of a telecommunication antenna on an existing tower (co-location)
where an expansion or enlargement of the existing tower enclosure
is required.
f.
Warming and cooling centers when accessory to a church or other
place of worship. Occupancy limits for a warming and cooling center
shall be determined by the Building Code Official and Fire Marshal.
E. Design Standards. (See Article
III, Division 2, Design Standards, for additional regulations.) The following design standards are required in the "O-I" District:
1.
Minimum lot area: seven thousand
five hundred (7,500) square feet.
2.
Minimum lot width at the building
line: zero (0).
3.
Minimum lot depth: zero (0).
4.
Maximum lot coverage: forty percent
(40%).
5.
Maximum height of building: two and
one-half (2 1/2) stories or thirty-five (35) feet.
Maximum height of building may be
increased to ten (10) stories or one hundred forty (140) feet on a
campus of an institution of higher learning by the provision of an
additional five (5) feet of setback from all exterior property lines
for each additional story and upon review and approval by the Planning
and Zoning Commission.
"GPRS" bonus:
All tiers: three (3) stories or forty-five
(45) feet, except when adjoining a residential zoning district.
6.
Minimum setback requirements measured
from building line to property line:
a.
Front yard setback: twenty-five (25)
feet.
"GPRS" bonus:
Tiers 1 and 2: twenty (20) feet.
Tier 3: fifteen (15) feet.
b.
Side yard setback: zero (0), except
fifteen (15) feet when adjoining residential zoning district.
c.
Rear yard setback: twenty-five (25)
feet.
"GPRS" bonus:
Tiers 1 and 2: twenty (20) feet.
Tier 3: fifteen (15) feet, except
when adjoining a residential zoning district.
7.
Minimum floor area in square feet:
none.
8.
Public Utilities. Requirements are contained in Section
400.610.
9.
Off-Street Parking And Loading:
a.
No parking shall be permitted in
a required front yard.
b.
Additional requirements are contained in Article
V, Division 1, Parking.
10.
Protective Screening.
a.
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section
400.965(B)(4).
b.
Where an "O-I" Zoning District adjoins
a residential zoning district or is located across a public street
or alley from a residential zoning district, a landscaped greenbelt
at least fifteen (15) feet in width shall be provided and maintained
along the appropriate property line by the users of the "O-I" property.
The open area shall be planted with trees and shrubs. A minimum of
one (1) tree shall be planted per thirty (30) lineal feet or fraction
thereof for any frontage along a residential zoning district. Required
trees shall be at least two and one-half (2 1/2) inch caliper. Trees
existing within any required greenbelt at the time of installation
and which are larger than two and one-half (2 1/2) inch caliper shall
be preserved and will count toward the minimum landscaping requirements.
Newly planted species shall be hardy for the specified area. All landscaping
shall be maintained in a healthy growing condition and be neat and
orderly in appearance. The fifteen-foot greenbelt shall not be used
for off-street parking facilities or for loading spaces. Along the
inner side (commercial side) of the greenbelt, except when the greenbelt
adjoins a public street, there shall be provided either:
(1) A continuous visual
screen with a minimum height of six (6) feet, such screen consisting
of a compact evergreen hedge or foliage screening; or
(2) An ornamental masonry
wall or wood fence at least six (6) feet in height above grade, in
which case one (1) shrub shall be planted in the greenbelt per ten
(10) lineal feet or fraction thereof. Required shrubs shall be a minimum
of eighteen (18) inches in height at time of initial planting. Shrubs
may be clustered rather than evenly spaced.
c.
Outdoor Storage. All permitted and
conditional uses shall be conducted within a completely enclosed building
with no open storage.
11.
Landscaping. The required front yard
shall be planted with trees, shrubs or well-kept lawn.
[R.O. 2011 § 400.200; R.O. 2009
§ 156.031; Ord. No. 96-40, 2-21-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 00-78, 4-5-2000; Ord.
No. 01-156, 7-19-2001; Ord. No. 04-176, 8-4-2004; Ord. No. 10-74 § 1, 4-22-2010; Ord. No. 10-244 § 1, 11-18-2010; Ord. No. 12-84 § 1, 5-24-2012; Ord. No. 12-244 § 1, 12-19-2012]
A. Purpose. The purpose of the "HCD" Historic
Commercial District is to provide for a low-intensity restricted mixture
of retail shopping, personal service, residential and lodging uses
on a comparatively small scale and to preserve historic areas of Saint
Charles for future generations and for historic area residents while
preserving the integrity of historic areas. It seeks to encourage
the growth of historic and cultural activities and events, but discourages
events or activities that may misuse historic areas. It is intended
to foster and complement the community's tourist industry.
B. Permitted Uses.
[Ord. No. 18-283, 12-18-2018]
1.
Antique sales.
[Ord. No. 22-088, 7-12-2022]
2.
Art galleries and museums.
3.
Banks, savings and loan associations,
but not drive-in or outside automatic teller machines.
4.
Bed-and-breakfast establishments.
[Ord. No.
19-191, 9-17-2019]
5.
Dwellings, single-family and apartments
with a maximum density of eighteen (18) units per acre.
8.
Placement of a telecommunication
antenna on an existing telecommunication tower (co-location) where
no expansion or enlargement of the existing tower enclosure is required.
10.
Public parks and open spaces.
11.
Restaurants, but not drive-in.
14.
Short-term rental property subject to the requirements of Section
400.421.
[Ord. No.
19-198, 10-1-2019; Ord. No. 22-104, 8-2-2022]
15.
Studios for artists, photographers,
teachers, sculptors, musicians or graphic designers.
C. Conditional Uses.
[Ord. No. 18-283, 12-18-2018]
1.
The following uses may be permitted
in the "HCD" District as a conditional use, if approved by the City
Council following recommendation by the Planning and Zoning Commission:
a.
Auditorium or lecture hall, inside
only.
b.
Banquet hall and meetings facilities.
[Ord. No. 22-088, 7-12-2022]
c. Microbrewery, winery, craft distillery.
[Ord. No. 22-088, 7-12-2022]
(1)
Conditional Use Regulations. Due to the potential negative secondary
effects of the location and operations of establishments that predominantly
sell intoxicating beverages, the City Council may place additional
regulations on these uses to reduce or eliminate these effects, including,
but not limited to, hours of operation, separation and location restrictions,
other nuisances, and the manner of operation.
d.
Multifamily dwellings with more than
eighteen (18) units per acre.
e.
Parking lots and garages.
f.
Small manufacturing establishments
which produce the following products principally by hand or hand tools:
(7) Tobacco or similar products;
(9) Wooden staved barrels;
and
(10) Any manufacturing establishment
regulated by license.
g.
Telecommunication towers, antennas
attached to structures, or placement of a telecommunication antenna
on an existing tower (co-location) where an expansion or enlargement
of the existing tower enclosure is required. Telecommunication towers
shall be located only on property that is a non-residential use.
h. Any permitted/conditional use that requires a liquor license.
[Ord. No. 22-088, 7-12-2022]
(1)
Due to the potential negative secondary effects of the location
and operations of establishments that predominantly sell intoxicating
beverages, the City Council may place additional regulations on these
uses to reduce or eliminate these effects, including, but not limited
to, hours of operation, separation and location restrictions, other
nuisances, and the manner of operation.
2.
The provisions of this Section shall
apply to all new uses and to existing uses where a substantial change
or expansion to the layout, operation or configuration is proposed.
D. Design Standards. The following design
standards are required in the "HCD" District:
[Ord. No. 17-151 § 2, 7-28-2017]
1.
Minimum lot area: seven thousand
five hundred (7,500) square feet.
2.
Minimum lot width at the building
line: none.
4.
Maximum height of building: two and
one-half (2 1/2) stories or thirty-five (35) feet.
5.
Minimum setback requirements measured
from the building line to the property line:
a.
Front yard setback: ten (10) feet.
b.
Side yard setback: ten (10) feet
only when abutting a residential district.
c.
Rear yard setback: thirty (30) feet.
6.
Maximum floor area: five thousand
(5,000) square feet per establishment.
7.
Public Utilities. Requirements are contained in Section
400.610.
8.
Off-street parking and loading.
a.
For all existing buildings, the off-street
parking and loading requirements are waived for approved uses.
b.
All new construction shall provide one-half (1/2) of the parking and loading requirements contained in Article
V, Division 1, Parking.
c.
All new construction that exceeds the maximum height requirements shall provide one hundred percent (100%) of the parking and loading requirements contained in Article
V, Division 1, Parking.
9.
Metal clad buildings are prohibited.
10.
Protective Screening.
a.
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section
400.965(B)(4).
b.
Where an "HC" District directly adjoins
a residential zoning district or is located across a public street
or alley from a residential zoning district, a landscaped greenbelt
at least fifteen (15) feet in width shall be provided and maintained
along the appropriate property line by the users of the "HC" District
property. The open area shall be planted with trees and shrubs. A
minimum of one (1) tree shall be planted per thirty (30) lineal feet
or fraction thereof for any frontage along a residential zoning district.
Required trees shall be at least two and one-half (2 1/2) inch caliper.
Trees existing within any required greenbelt at the time of installation
and which are larger than two and one-half (2 1/2) inch caliper shall
be preserved and will count toward the minimum landscaping requirements.
Newly planted species shall be hardy for the specified area. All landscaping
shall be maintained in healthy growing condition and be neat and orderly
in appearance. The fifteen-foot greenbelt shall not be used for off-street
parking facilities or for loading space. Along the inner side (the
commercial property side) of the greenbelt, except when the greenbelt
adjoins a public street, there shall be provided either:
(1) A continuous visual
screen with a minimum height of six (6) feet, such screen consisting
of a compact evergreen hedge or foliage screening; or
(2) An ornamental masonry
wall or wood fence at least six (6) feet in height above grade, in
which case one (1) shrub shall be planted in the greenbelt per ten
(10) lineal feet or fraction thereof. Required shrubs shall be a minimum
of eighteen (18) inches in height at time of initial planting. Shrubs
may be clustered rather than evenly spaced.
11.
Accessory Buildings.
[Ord. No. 17-151 § 2, 7-28-2017]
a.
Residential uses within the district shall reference Section
400.530.
b.
Non-Residential Uses shall comply
with Design Standards of this district.
[R.O. 2011 § 400.210; R.O. 2009
§ 156.032; CC 1981 § 30-33; Ord. No. 77-31, 7-5-1977; Ord. No. 82-29, 4-21-1982; Ord. No. 90-188, 7-18-1990; Ord. No. 93-218, 9-22-1993; Ord.
No. 98-209, 5-15-1998; Ord. No. 00-78, 4-5-2000; Ord. No. 01-111, 6-8-2001; Ord. No. 01-156, 7-19-2001; Ord. No. 02-130, 5-28-2002; Ord.
No. 04-176, 8-4-2004; Ord. No. 05-319, 12-22-2005; Ord. No. 09-227, 12-10-2009; Ord. No. 10-74 § 1, 4-22-2010; Ord. No. 10-244 § 1, 11-18-2010; Ord. No. 11-106 § 2, 6-9-2011]
A. Purpose. The purpose of the "C-1" Neighborhood
Business District is to provide primarily for a restricted mixture
of retail shopping, personal service, and residential uses, on a comparatively
small scale, to be developed either as a unit or in individual parcels
and to serve the needs of a relatively small area, primarily nearby
residential neighborhoods.
B. Permitted Uses. A building or land in the
"C-1" District shall be used only for the following purposes:
[Ord. No. 18-283, 12-18-2018; Ord. No. 21-030, 2-16-2021; Ord. No. 21-077, 5-18-2021]
1.
Animal service establishments, including
veterinarian, small animal hospital, pet adoption, grooming, and other
similar uses but shall not include kennels for overnight stays. Any
rooms, cages, or pens be maintained within a completely enclosed,
soundproof building and that such use be operated in such a way as
to produce no objectionable noise or odors outside its walls. Open
pens or runs shall be at least three hundred (300) feet from a residential
district.
2.
Antique sales with no outside display
or storage.
3.
Auditoriums, but not drive-in theaters.
4.
Banks and savings and loan associations.
5.
Cosmetic tattoo establishment.
[Ord. No. 22-088, 7-12-2022]
7.
One (1) dwelling unit may be permitted
on the second floor or above.
8.
Institutions, art galleries and museums.
12.
Public parks and open spaces.
13.
Recreational uses, indoor.
14.
Restaurants, but not drive-in restaurants.
17. Short-term rental, subject to Section
400.421 and is located within the following superimposed districts:
[Ord. No. 22-104, 8-2-2022]
18.
Studios for artists, photographers,
teachers, sculptors or musicians.
19.
Placement of a telecommunication
antenna on an existing telecommunication tower (co-location) where
no expansion or enlargement of the existing tower enclosure is required.
C. Conditional Uses.
[Ord. No. 15-040 § 2, 2-17-2015; Ord. No. 17-072 § 2, 4-18-2017; Ord. No. 18-258, 11-20-2018; Ord. No. 18-283, 12-18-2018; Ord. No. 21-077, 5-18-2021]
1.
The following uses may be permitted
in the "C-1" District as a conditional use if approved by the City
Council following recommendation by the Planning and Zoning Commission:
a.
Any conditional use in the "O-I"
Office Institution District unless otherwise permitted by the "C-1"
District.
b.
Animal service establishments with
kennels for overnight stays. Any rooms, cages, pens or kennels be
maintained within a completely enclosed, soundproof building and that
such hospital or clinic be operated in such a way as to produce no
objectionable noise or odors outside its walls. Open pens or runs
shall be at least three hundred (300) feet from a residential district.
The City Council shall impose any conditions it deems appropriate
for protection of adjoining properties from noise and odor, which
may include, but are not limited to, requiring berms, walls, plantings.
c.
Any of the uses listed as permitted,
which are greater in height than two and one-half (2 1/2) stories
or thirty-five (35) feet and/or greater than three thousand (3,000)
square feet of maximum floor area per establishment.
d.
Any permitted/conditional use that requires a liquor license.
[Ord. No. 22-088, 7-12-2022]
(1)
Conditional Use Regulations. Due to the potential negative secondary
effects of the location and operations of establishments that predominantly
sell intoxicating beverages, the City Council may place additional
regulations on these uses to reduce or eliminate these effects, including,
but not limited to, hours of operation, separation and location restrictions,
other nuisances, and the manner of operation.
e.
Community service establishment.
f.
Dry cleaner and/or laundromat. No
cleaning fluid considered hazardous, in the judgment of the Fire Chief,
shall be used.
g.
In-vehicle sales or service.
(1) Conditional Use Regulations.
(a) Clearly marked pedestrian
crosswalks shall be provided for each walk-in customer access to the
facility adjacent to the drive-through lane(s).
(b) The drive-through facility
shall be designed so as to not impede or impair vehicular and pedestrian
traffic movement or exacerbate the potential for pedestrian/vehicular
conflicts.
(c) In no instance shall
a drive-through facility be permitted to operate which endangers the
public safety, even if such land use has been permitted under the
provisions of this Section.
(d) The setback of any overhead
canopy or similar structure shall be a minimum of ten (10) feet from
all street rights-of-way lines, a minimum of twenty (20) feet from
all residentially zoned property lines and shall be a minimum of five
(5) feet from all other property lines. The total height of any overhead
canopy or similar structure shall not exceed twenty (20) feet as measured
to the highest part of the structure. The setback requirements may
be recommended for modification by the Planning and Zoning Commission
and modified by the City Council where it is found that due to pre-existing
circumstances the provision of said setback will cause an undue burden
on the ability to effectively use the property.
(e) All vehicular areas
of the facility shall provide a surface paved with concrete or bituminous
material which is designed to meet the requirements of a minimum four-ton
axle load.
(f) The facility shall provide
a minimum six-foot-high, solid, earth-tone-color, vinyl fence with
a combination of shrubs [eighteen (18) inches to twenty-four (24)
inches tall or three (3) feet to four (4) feet wide at the time of
planting], understory trees [six (6) feet to eight (8) feet tall at
the time of planting] and canopy trees [two and one-half (2 1/2)
inches to three (3) inches caliper at the time of planting] as recommended
by the Planning and Zoning Commission and approved by the City Council
along all borders of the property directly abutting a residentially
zoned property. These requirements may be recommended for modification
by the Planning and Zoning Commission and modified by the City Council
where it is found that due to pre-existing circumstances the provision
of the setback will cause an undue burden on the ability to effectively
use the property.
(g) Interior curbs shall
be used to separate driving area from exterior fixtures such as fuel
pumps, vacuums, menu boards, canopy supports and landscaped islands.
The curbs shall be a minimum of six (6) inches high and be of a non-mountable
design. No curb protecting an exterior fixture shall be located closer
than twenty-five (25) feet to any property line. The setback requirements
may be recommended for modification by the Planning and Zoning Commission
and modified by the City Council where it is found that due to pre-existing
circumstances the provision of the setback will cause an undue burden
on the ability to effectively use the property.
(h) Outdoor storage uses
(including the outdoor storage of vehicles or vehicles for sale) shall
be prohibited on the same property.
(i) Automobile service stations must meet the requirements contained in Section
400.410.
h.
Nurseries for growing plants, trees,
shrubs.
i.
Parking lots/garages not accessory
to a primary use.
k.
Temporary shelters subject to the
following standards as may be modified through the conditional use
process:
(1) An application for a
conditional use permit for a temporary shelter shall include information
about the size and design of the structure, population groups served,
length of stay permitted, maximum design capacity and support services
provided. These items shall be used to determine if the facility is
in conformance with the character of the adjacent area.
(2) A temporary shelter
shall not be located within one thousand (1,000) feet of another temporary
shelter.
(3) The minimum lot area
for a temporary shelter shall be seven thousand five hundred (7,500)
square feet. If a proposed temporary shelter structure is larger than
two thousand five hundred (2,500) square feet of gross floor area,
there shall be provided an additional one thousand five hundred (1,500)
square feet of lot area for each additional five hundred (500) square
feet of gross floor area within the structure.
(4) The shelter shall submit
a semi-annual report to the Department of Community Development stating
maximum monthly occupancy level and support services provided by the
shelter.
l.
Vacant lots at least one (1) acre
in size may be utilized for cultivation of field crops, orchards or
groves or nurseries for growing or propagation of plants, turf, trees
and shrubs.
2.
The provisions of this Section shall
apply to all new uses and to existing uses where a substantial change
or expansion to the layout, operation or configuration is proposed.
D. Design Standards. (See also Article
III, Division 2, Design Standards, for additional regulations.) The following design standards are required in the "C-1" District:
1.
Minimum lot area: seven thousand
five hundred (7,500) square feet.
2.
Minimum lot width at the building
line: none.
4.
Maximum height of building: two and
one-half (2 1/2) stories or thirty-five (35) feet.
"GPRS" bonus:
All tiers: three (3) stories or forty-five
(45) feet, except when adjoining a residential zoning district.
5.
Minimum setback requirements measured
from the building line to the property line:
a.
Front yard setback: twenty-five (25)
feet.
"GPRS" bonus:
Tiers 1 and 2: twenty (20) feet.
Tier 3: fifteen (15) feet.
b.
Side yard setback: none, except fifteen
(15) feet when abutting a residential district.
c.
Rear yard setback twenty-five (25)
feet.
"GPRS" bonus:
All tiers: none, except twenty-five
(25) feet when abutting a residential district.
6.
Maximum floor area: three thousand
(3,000) square feet per establishment.
"GPRS" bonus:
Tiers 1 and 2: four thousand five
hundred (4,500) square feet.
Tier 3: six thousand (6,000) square
feet.
7.
Public Utilities. Requirements are contained in Section
400.610.
8.
Off-Street Parking And Loading.
a.
No parking shall be permitted in
a required front yard.
b.
Additional requirements for off-street parking and loading are contained in Article
V, Division 1, Parking.
9.
Protective Screening.
a.
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section
400.965(B)(4).
b.
Where a "C-1" zoning district directly
adjoins a residential zoning district or is located across a public
street or alley from a residential zoning district, a landscaped greenbelt
at least fifteen (15) feet in width shall be provided and maintained
along the appropriate property line by the users of the "C-1" property.
The open area shall be planted with trees and shrubs. A minimum of
one (1) tree shall be planted per thirty (30) lineal feet or fraction
thereof for any frontage along a residential zoning district. Required
trees shall be at least two and one-half (2 1/2) inch caliper. Trees
existing within any required greenbelt at the time of installation
and which are larger than two and one-half (2 1/2) inch caliper shall
be preserved and will count toward the minimum landscaping requirements.
Newly planted species shall be hardy for the specified area. All landscaping
shall be maintained in a healthy growing condition and be neat and
orderly in appearance. The fifteen-foot greenbelt shall not be used
for off-street parking facilities or for loading spaces. Along the
inner side (the commercial property side) of the greenbelt, except
when the greenbelt adjoins a public street, there shall be provided
either:
(1) A continuous visual
screen with a minimum height of six (6) feet, such screen consisting
of a compact evergreen hedge or foliage screening; or
(2) An ornamental masonry
wall or wood fence at least six (6) feet in height above grade, in
which case one (1) shrub shall be planted in the greenbelt per ten
(10) lineal feet or fraction thereof. Required shrubs shall be a minimum
of eighteen (18) inches in height at time of initial planting. Shrubs
may be clustered rather than evenly spaced.
c.
Outdoor Storage. All permitted and
conditional uses shall be conducted within a completely enclosed building
with no open storage.
[R.O. 2011 § 400.220; R.O. 2009
§ 156.033; CC 1981 § 30-34; Ord. No. 77-31, 7-5-1977; Ord. No. 79-38, 5-2-1979; Ord. No. 79-85, 8-29-1979; Ord. No. 82-29, 4-21-1982; Ord.
No. 89-36, 2-23-1989; Ord. No. 90-188, 7-18-1990; Ord. No. 91-115, 6-4-1991; Ord. No. 94-230, 9-7-1994; Ord. No. 96-46, 2-21-1996; Ord.
No. 98-209, 5-15-1998; Ord. No. 99-53, 2-4-1999; Ord. No. 99-205, 6-3-1999; Ord. No. 99-288, 8-17-1999; Ord. No. 00-78, 4-5-2000; Ord.
No. 01-71, 4-18-2001; Ord. No. 01-156, 7-19-2001; Ord. No. 02-130, 5-28-2002; Ord. No. 04-176, 8-4-2004; Ord. No. 05-65, 3-7-2005; Ord.
No. 06-273, 9-27-2006; Ord. No. 06-357, 12-20-2006; Ord. No. 08-123, 6-18-2008; Ord. No. 09-47, 3-20-2009; Ord. No. 09-227, 12-10-2009; Ord. No. 10-115 § 1, 6-9-2010; Ord. No. 10-244 § 1, 11-18-2010; Ord. No. 11-106 § 3, 6-9-2011]
A. Purpose. The purpose of the "C-2" General
Business District is to provide sufficient space in appropriate locations
for a variety of commercial and service activities generally serving
a wide area and located particularly along certain existing major
thoroughfares where a general mixture of commercial and service activity
now exists, but which uses are not characterized by warehousing, frequent
heavy trucking activity, open storage of material or the nuisance
factors of dust, odor and noise associated with manufacturing.
B. Permitted Uses. A building or land in a
"C-2" District shall be used only for the following purposes:
[Ord. No. 18-283, 12-18-2018]
1.
Any use permitted in the "O-I" Office
Institution District or "C-1" Neighborhood Business District.
2.
Ambulance services, public or private.
3.
Amusement places, including dance
halls and similar activities, subject to applicable City regulations.
[Ord. No. 22-088, 7-12-2022]
4.
Archery ranges, provided that such
range is approved by the Chief of Police.
5.
Building contractor establishment;
outside storage shall be prohibited.
6.
One (1) dwelling unit is permitted
above the first floor.
7.
Dry cleaning or laundry establishment.
[Ord. No. 22-088, 7-12-2022]
8.
Equipment rental and leasing services,
including lawn mower, yard and garden equipment, trailers (not mobile
homes) and other such items, provided storage is within a completely
enclosed building unless otherwise allowed through the conditional
use process.
9.
Exterminators; outside storage of
chemicals shall be prohibited.
10.
Hotels, motels or motor court/lodges,
bed-and-breakfast establishments and inns.
[Ord. No. 22-088, 7-12-2022]
11.
Meeting facility.
[Ord. No.
21-016, 1-19-2021]
12.
Motor Vehicle Repair. Wrecked, disabled
or inoperable motor vehicles shall not be stored anywhere on the property
for more than thirty (30) days. Examples of permitted uses are tire
repair and replacement, motor vehicle engine repair, muffler shops,
body shops and motor vehicle paint shops.
[Ord. No. 18-284, 12-18-2018; Ord. No. 22-088, 7-12-2022]
13.
Plumbing, heating and air-conditioning
shop, upholstering shop (not involving furniture manufacture), appliance
repairs and general service and repair establishments similar in character
to those listed in this item. No outside storage of material is permitted.
14.
Recreational uses, outdoor.
15.
Schools for industrial training,
trade or business.
C. Conditional Uses.
[Ord. No. 14-113 § 1, 5-20-2014; Ord. No. 18-283, 12-18-2018; Ord. No. 21-078, 5-18-2021]
1.
The following uses may be permitted
in the "C-2" District as conditional uses if approved by the City
Council following recommendation by the Planning and Zoning Commission:
a.
Any conditional use permitted in
the "C-1" Neighborhood Business District unless otherwise permitted
by the "C-2" District.
b.
Indoor firearm ranges.
(1) Conditional Use Regulations.
(a) An indoor firearm range
facility must be designed to offer a completely controlled shooting
environment that includes impenetrable walls, floor and ceiling, adequate
ventilation and lighting systems and acoustical treatment for sound
attenuation suitable for the range's approved use.
(b) Noise levels at the
nearest residential property line to an indoor firearm range shall
not exceed thirty-five (35) decibels.
(c) Noise levels at the
nearest commercial property line to an indoor firearm range shall
not exceed forty-five (45) decibels.
(d) An indoor firearm range
shall not operate between the hours of 10:00 P.M. and 7:00 A.M.
(e) An indoor firearm range
must be authorized in writing by the Chief of Police and Building
Code Official.
(f) The construction and
operation of an indoor firearm range must comply with all State and
Federal regulations.
c.
Motor vehicle sales and rentals,
new and used and temporary motor vehicle storage.
(1) Conditional Use Regulations.
(a) The setback of any overhead
canopy or similar structure shall be a minimum of ten (10) feet from
all street rights-of-way lines, a minimum of twenty (20) feet from
all residentially zoned property lines and shall be a minimum of five
(5) feet from all other property lines. The total height of any overhead
canopy or similar structure shall not exceed twenty (20) feet as measured
to the highest part of the structure. The setback requirements may
be recommended for modification by the Planning and Zoning Commission
and modified by the City Council where it is found that due to pre-existing
circumstances the provision of said setback will cause an undue burden
on the ability to effectively use the property.
(b) All vehicular areas
of the facility shall provide a surface paved with concrete or bituminous
material which is designed to meet the requirements of a minimum four-ton
axle load.
(c) The facility shall provide
a minimum six-foot-high, solid, earth-tone-color, vinyl fence with
a combination of shrubs [eighteen (18) inches to twenty-four (24)
inches tall or three (3) feet to four (4) feet wide at the time of
planting], understory trees [six (6) feet to eight (8) feet tall at
the time of planting] and canopy trees [two and one-half (2 1/2)
inches to three (3) inches caliper at the time of planting] as recommended
by the Planning and Zoning Commission and approved by the City Council
along all borders of the property directly abutting a residentially
zoned property. These requirements may be recommended for modification
by the Planning and Zoning Commission and modified by the City Council
where it is found that due to pre-existing circumstances the provision
of the setback will cause an undue burden on the ability to effectively
use the property.
d.
Microbreweries, brew pubs, craft
distilleries, bars and wineries.
[Ord. No. 22-088, 7-12-2022]
(1) Conditional Use Regulations.
Due to the potential negative secondary effects of the location and
operations of establishments that predominantly sell intoxicating
beverages, the City Council may place additional regulations on these
uses to reduce or eliminate these effects, including, but not limited
to, hours of operation, separation and location restrictions, noise
levels, and the manner of operation.
e.
Shipping container structures.
[Ord. No.
21-019, 2-2-2021]
(1) Conditional Use Regulations.
(a) Shipping container structures
shall be painted or treated so as to prevent rust.
[Ord. No. 22-088, 7-12-2022]
(b) Shipping container structures
shall be affixed to a permanent foundation.
[Ord. No. 22-088, 7-12-2022]
(c) Shipping container structures shall be certified by a Missouri licensed professional engineer as structurally sound, shall be fully compliant with Chapter
500, and shall be a permanent structure.
[Ord. No. 22-088, 7-12-2022]
(d) This Subsection shall not supersede the availability of temporary commercial storage containers permitted via Section
400.520.
g.
Taxicab stations and stands.
2.
The provisions of this Section shall
apply to all new uses and to existing uses where a substantial change
or expansion to the layout, operation or configuration is proposed.
D. Design Standards. (See also Article
III, Division 2, Design Standards, for additional regulations.) The following design standards are required in the "C-2" District:
1.
Minimum lot area: ten thousand (10,000)
square feet.
2.
Minimum lot width at the building
line: none.
4.
Maximum height of building: three
(3) stories or forty-five (45) feet.
"GPRS" bonus:
All tiers: four (4) stories or sixty
(60) feet, except when adjoining a residential zoning district.
5.
Minimum setbacks measured from building
line to property line:
a.
Front yard setback: twenty-five (25)
feet.
"GPRS" bonus:
Tiers 1 and 2: twenty (20) feet.
Tier 3: fifteen (15) feet.
b.
Side yard setback: none, except twenty
(20) feet when abutting a residential district.
"GPRS" bonus:
All tiers: none, except twenty (20)
feet when abutting a residential district.
c.
Rear yard setback: none, except twenty
(20) feet when abutting a residential district.
"GPRS" bonus:
All tiers: none, except twenty (20)
feet when abutting a residential district.
6.
Maximum floor area in square feet:
none.
7.
Public Utilities. Requirements are contained in Section
400.610.
8.
Off-Street Parking And Loading.
a.
No parking shall be permitted in
a required front yard.
b.
Additional requirements are contained in Article
V, Division 1, Parking.
9.
Protective Screening.
a.
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section
400.965(B)(4).
b.
Where a "C-2" zoning district directly
adjoins a residential zoning district or is located across a public
street or alley from a residential zoning district, a landscaped greenbelt
at least twenty (20) feet in width shall be provided and maintained
along the appropriate property line by the users of the "C-2" property.
The open area shall be planted with trees and shrubs. A minimum of
one (1) tree shall be planted per thirty (30) lineal feet or fraction
thereof for any frontage along a residential zoning district. Required
trees shall be at least two and one-half (2 1/2) inch caliper. Trees
existing within any required greenbelt at the time of installation
and which are larger than two and one-half (2 1/2) inch caliper shall
be preserved and will count toward the minimum landscaping requirements.
Newly planted species shall be hardy for the specified area. All landscaping
shall be maintained in a healthy growing condition and be neat and
orderly in appearance. The twenty-foot greenbelt shall not be used
for off-street parking facilities or for loading spaces. Along the
inner side (the commercial property side) of the greenbelt, except
when the greenbelt adjoins a public street, there shall be provided
either:
(1) A continuous visual
screen with a minimum height of six (6) feet, such screen consisting
of a compact evergreen hedge or foliage screening; or
(2) An ornamental masonry
wall or wood fence at least six (6) feet in height above grade, in
which case one (1) shrub shall be planted in the greenbelt per ten
(10) lineal feet or fraction thereof. Required shrubs shall be a minimum
of eighteen (18) inches in height at time of initial planting. Shrubs
may be clustered rather than evenly spaced.
c.
Outdoor Storage. All permitted and
conditional uses shall be conducted within a completely enclosed building
with no open storage, unless screened from the street, adjacent properties
or any residential district by fences or walls as approved by the
Planning and Zoning Commission.
[R.O. 2011 § 400.230; R.O. 2009
§ 156.034; CC 1981 § 30-35; Ord. No. 77-31, 7-5-1977; Ord. No.
82-29, 4-20-1982; Ord. No. 88-252, 12-22-1988; Ord. No. 90-188, 7-18-1990; Ord. No. 98-209, 5-15-1998; Ord. No. 99-288, 8-17-1999; Ord.
No. 00-78, 4-5-2000; Ord. No. 01-71, 4-18-2001; Ord. No. 01-156, 7-19-2001; Ord. No. 02-130, 5-28-2002; Ord. No. 03-64, 3-28-2003; Ord.
No. 04-176, 8-4-2004; Ord. No. 08-123, 6-18-2008; Ord. No. 09-227, 12-10-2009; Ord. No. 10-244 § 1, 11-18-2010; Ord. No. 11-106 § 4, 6-9-2011; Ord. No. 18-283, 12-18-2018; Ord. No. 19-118, 5-21-2019]
A. Purpose. The "C-3" Highway Business District
is intended to be one which permits all types of commercial activity:
retailing, wholesaling, warehousing, provision of personal and business
services and entertainment.
B. Permitted Uses. A building or land in the
"C-3" District shall be used only for the following purposes:
1.
Any use permitted in the "C-2" General
Business District.
2.
Animal service establishments with
or without a kennel for overnight stays, including veterinarian, small
animal hospital, pet adoption, grooming and other similar uses. Any
rooms, cages, or pens be maintained within a completely enclosed,
soundproof building and that such use be operated in such a way as
to produce no objectionable noise or odors outside its walls. Open
pens or runs shall be at least three hundred (300) feet from a residential
district.
[Ord. No.
21-077, 5-18-2021]
3.
Kratom products facility.
[Ord. No.
21-190, 11-9-2021]
4.
Lumber and building materials stores,
but not a lumberyard.
5.
Marijuana Facility. The Facility shall also comply with Chapter
675, Marijuana Regulations.
[Ord. No. 23-072, 6-20-2023]
6.
Mini-warehouses including living
quarters or dwellings for resident watchmen and caretakers employed
on the premises.
7.
Mortuary and monument sales establishments
with or without outdoor storage or display.
8.
Nurseries for growing plants, trees,
shrubs.
9.
Painting shops and bottling works.
10.
Printing, publishing and engraving
establishments.
11.
Radio and television stations and studios or recording studios, subject to the provisions of Section
400.470.
12.
Retail establishments with eight
thousand (8,000) square feet or less with either secondhand, used
or consignment inventory. Retail establishments greater than eight
thousand (8,000) square feet, provided twenty-five percent (25%) or
less of inventory is secondhand, used or consignment goods.
13.
Wholesale establishment, truck terminal
or warehouse not in excess of fifteen thousand (15,000) square feet
of floor area.
C. Conditional Uses.
1.
The following uses may be permitted
in the "C-3" District as a conditional use if approved by the City
Council following recommendation by the Planning and Zoning Commission:
[Ord. No.
21-030, 2-16-2021; Ord. No. 21-078, 5-18-2021]
a.
Any conditional use permitted in
the "C-2" District unless permitted by the "C-3" District.
b.
Fertilizer storage in bags or bulk
storage of liquid or dry fertilizer in tanks or in a completely enclosed
building associated with a retail business, but not manufacturing
or processing.
c.
Material storage yards, in connection
with a permitted use, where storage is incidental to the approved
occupancy of the building, provided all products and materials used
or stored are enclosed by a masonry wall, sight-proof fence or hedge
not less than six (6) feet in height. Storage of motor vehicles and
trucks used in connection with the permitted trade or business is
permitted within the walls or screen, but not including storage of
heavy equipment, such as road-building or excavating equipment.
d.
Sale or storage of stone products,
sand and gravel, but not crushing or grinding.
e.
Welding or soldering shops.
f.
Agricultural or farm implements for
sale, storage or repair.
g.
Boat and boat trailer, repair, sales
and storage.
h.
Mobile home sales, display and storage
or sales, display and storage of travel trailers and campers, provided
that all units shall be in usable condition, none shall be placed
in a required front yard, the minimum parcel area shall be one-half
(1/2) acre, the storage area shall be separated from the display areas
by a continuous visual screen with a minimum height of eight (8) feet,
such screen consisting of a compact evergreen hedge or foliage screening
or louvered fence or masonry wall.
i.
Tattooing, body piercing or branding
establishment.
(1) One establishment shall
not be located within seven thousand five hundred (7,500) feet of
a similar establishment.
(2) No establishment shall
be located in the South Main Preservation District.
l.
More than one (1) dwelling unit above
the ground floor up to a maximum of eighteen (18) units per acre.
2.
The provisions of this Section shall
apply to all new uses and to existing uses where a substantial change
or expansion to the layout, operation or configuration is proposed.
D. Design Standards. (See also Article
V, Division 2, Design Standards, for additional regulations.) The following design standards are required in the "C-3" District:
1.
Minimum lot area: ten thousand (10,000)
square feet.
2.
Minimum lot width at the building
line: none.
4.
Maximum height of building: three
(3) stories or forty-five (45) feet.
"GPRS" bonus:
|
All tiers: four (4) stories or sixty
(60) feet, except when adjoining a residential zoning district.
|
5.
Minimum setback requirements measured
from building line to property line:
a.
Front yard setback: twenty-five (25)
feet.
"GPRS" bonus:
|
Tiers 1 and 2: twenty (20) feet.
|
Tier 3: fifteen (15) feet.
|
b.
Side yard setback: none, except twenty-five
(25) feet when abutting a residential district.
"GPRS" bonus:
|
All tiers: none, except twenty-five
(25) feet when abutting a residential district.
|
c.
Rear yard setback: none, except twenty-five
(25) feet when abutting a residential district.
"GPRS" bonus:
|
All tiers: none, except twenty-five
(25) feet when abutting a residential district.
|
6.
Maximum floor area in square feet:
none.
7.
Public Utilities. Requirements are contained in Section
400.610.
8.
Off-Street Parking And Loading.
a.
No parking shall be permitted in
a required front yard.
b.
Additional requirements for off-street parking and loading are contained in Article
V, Division 1, Parking.
9.
Protective Screening.
a.
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section
400.965(B)(4).
b.
Where a "C-3" zoning district directly
adjoins a residential zoning district or is located across a public
street or alley from a residential zoning district, a landscaped greenbelt
at least twenty-five (25) feet in width shall be provided and maintained
along the appropriate property line by the users of the "C-3" property.
The open area shall be planted with trees and shrubs. A minimum of
one (1) tree shall be planted per thirty (30) lineal feet or fraction
thereof for any frontage along a residential zoning district.
Required trees shall be at least
two and one-half (2 1/2) inch caliper. Trees existing within
any required greenbelt at the time of installation and which are larger
than two and one-half (2 1/2) inch caliper shall be preserved
and will count toward the minimum landscaping requirements. Newly
planted species shall be hardy for the specified area. All landscaping
shall be maintained in a healthy growing condition and be neat and
orderly in appearance. The twenty-five-foot greenbelt shall not be
used for off-street parking facilities or for loading spaces. Along
the inner side (the commercial property side) of the greenbelt, except
when the greenbelt adjoins a public street, there shall be provided
either:
|
(1) A continuous visual
screen with a minimum height of six (6) feet, such screen consisting
of a compact evergreen hedge or foliage screening; or
(2) An ornamental masonry
wall or wood fence at least six (6) feet in height above grade, in
which case one (1) shrub shall be planted in the greenbelt per ten
(10) lineal feet or fraction thereof. Required shrubs shall be a minimum
of eighteen (18) inches in height at time of initial planting. Shrubs
may be clustered rather than evenly spaced.
c.
Outdoor Storage. All permitted and
conditional uses shall be conducted within a completely enclosed building
with no open storage, unless screened from the street, adjacent properties
or any residential district by fences or walls as approved by the
Planning and Zoning Commission.
[R.O. 2011 § 400.240; R.O. 2009
§ 156.035; CC 1981 § 30-37; Ord. No. 77-31, 7-5-1977; Ord. No. 77-56, 10-26-1977; Ord. No. 82-29, 4-21-1982; Ord. No. 90-163, 6-21-1990; Ord.
No. 90-188, 7-18-1990; Ord. No. 91-26, 2-7-1991; Ord. No. 93-26, 2-26-1993; Ord. No. 93-129, 6-9-1993; Ord. No. 95-280, 10-18-1995; Ord. No. 96-256, 9-19-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 00-78, 4-5-2000; Ord. No. 01-156, 7-19-2001; Ord. No. 02-130, 5-28-2002; Ord.
No. 04-176, 8-4-2004; Ord. No. 04-216, 9-10-2004; Ord. No. 09-227, 12-10-2009; Ord. No. 10-244 § 1, 11-18-2010; Ord. No. 11-106 § 5, 6-9-2011; Ord. No. 12-245 § 1, 12-19-2012]
A. Purpose. The purpose of the "I-1" Light
Industrial District is to provide sufficient space in appropriate
locations for certain types of business and manufacturing, relatively
free from offense, on modern landscaped buildings sites, and to make
available more attractive locations for these businesses and industries.
In order to preserve the land for industry and to avoid future conflicts
between industry and residence, future residential uses are restricted.
B. Permitted Uses. A building or land in the
"I-1" District shall be used only for the following purposes:
[Ord. No. 16-266 § 4, 12-20-2016; Ord. No. 18-283, 12-18-2018]
1.
Any use permitted in the "C-1," "C-2"
and "C-3" Districts, except dwellings other than permitted below.
2.
Aluminum extrusion, rolling, fabrication
and forming.
3.
Crematoria (cremation facilities),
subject to meeting all requirements of State licensing regulations
regarding cremation facilities and regarding clean air requirements.
4.
Dwellings for resident watchmen and
caretakers employed on the premises.
5.
Establishments for the rent, sale
and repair of heavy machinery.
6.
Food lockers, freezers, cold storage
facilities.
7.
Laboratories, research, experimental
or testing, but not testing combustion engines or explosives.
8.
Light manufacturing uses similar
to those listed below, which do not create any more danger to health
and safety in surrounding areas and which do not create any more offensive
noise, vibration, dust, smoke, lint, odor, heat or glare than that
which is generally associated with light industries of the types specifically
permitted below:
a.
Beverage blending or bottling, bakery
products, candy manufacture, dairy products and ice cream, fruit and
vegetable processing and canning, but not distilling of beverages
or slaughtering of poultry or animals, or processing or bulk storage
of grain or feeds for animals or poultry.
b.
Compounding of cosmetics, toiletries,
drugs and pharmaceutical products.
c.
Manufacture or assembly of medical
and dental equipment, drafting, optical and musical instruments, watches,
clocks, toys, games and electrical or electronic apparatus.
d.
Manufacture or assembly of boats,
bolts, nuts, screws, rivets, ornamental iron products, firearms, electrical
appliances, tools, dies, machinery and hardware products, sheet metal
products and vitreous enameled metal products.
e.
Manufacture of rugs, mattresses,
pillows, quilts, millinery, hosiery, clothing and fabrics, printing
and finishing of textiles and fibers into fabric goods.
f.
Manufacture of boxes, furniture,
cabinets, baskets and other wood products of similar nature.
9.
Outside storage of goods used in
or produced by permitted commercial and industrial uses or related
activities, subject to industrial performance standards.
10.
Radio or television station with
receiving-transmission tower.
12.
Recycle operation for paper, glass,
oil, metal, but not salvage.
13.
Welding or soldering shops.
14.
Wholesale merchandising or storage
warehouses.
C. Conditional Uses.
[Ord. No. 15-038 § 1, 2-17-2015; Ord. No. 18-283, 12-18-2018]
1.
The following uses may be permitted
in the "I-1" District as conditional uses if approved by the City
Council following recommendation by the Planning and Zoning Commission:
a.
Any conditional use listed in the
"C-3" District unless permitted by the "I-1" District.
b.
Fertilizer storage in bags or bulk
storage of liquid or dry fertilizer in tanks or in a completely enclosed
building, but not manufacturing or processing.
c.
Recreational facilities primarily
for employees in the district.
d.
Recreational vehicle campgrounds.
f.
The preparation of general purpose
industrial commercial and household cleaning products and related
chemicals (blending only).
g.
Towing companies and impound lots.
2.
The provisions of this Section shall
apply to all new uses and to existing uses where a substantial change
or expansion to the layout, operation or configuration is proposed.
D. Design Standards. (See also Article
III, Division 2, Design Standards, for additional regulations.) The following design standards are required in the "I-1" District:
1.
Minimum lot area: one (1) acre.
2.
Minimum lot width at the building
line: one hundred fifty (150) feet.
3.
Minimum lot depth: two hundred (200)
feet.
4.
Maximum height of building: three
(3) stories or forty-five (45) feet.
"GPRS" bonus:
All tiers: four (4) stories or sixty
(60) feet, except when adjoining a residential district.
5.
Minimum setbacks measured from building
line to property line:
[Ord. No. 18-258, 11-20-2018]
a.
No part of any building, accessory
structure or sign shall be located closer than one hundred (100) feet
to any residential district boundary.
"GPRS" bonus:
All tiers: No part of any building,
accessory structure or signs shall be located closer than seventy-five
(75) feet to any residential district boundary.
b.
The front yard setback is thirty-five
(35) feet, except fifty (50) feet across street from residential district.
"GPRS" bonus:
Tiers 1 and 2: thirty (30) feet.
Tier 3: twenty-five (25) feet, except
fifty (50) feet across street from residential district.
c.
The side yard setback is zero (0)
feet, except fifty (50) feet adjoining residential district.
"GPRS" bonus:
All tiers: zero (0) feet, except
50 feet when abutting a residential district.
[Ord. No. 18-258, 11-20-2018]
d.
The rear yard setback is zero (0)
feet, except fifty (50) feet adjoining residential district.
[Ord. No. 18-258, 11-20-2018]
"GPRS" bonus:
|
All tiers: zero (0) feet, except
50 feet when abutting a residential district. [Ord. No. 18-258, 11-20-2018]
|
6.
Maximum lot coverage: none.
7.
Maximum floor area in square feet:
none.
8.
Public Utilities. Requirements are contained in Section
400.610.
9.
Off-Street Parking And Loading.
a.
No parking shall be permitted in
a required front yard.
c.
Adequate parking and loading space shall be provided off the street for all employees and traffic to the building, if necessary in excess of the minimum requirements of Article
V, Division 1, Parking.
10.
Protective Screening.
a.
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section
400.965(B)(4).
b.
Where an "I-1" zoning district directly
adjoins a residential zoning district or is located across a public
street or alley from a residential zoning district, a landscaped greenbelt
at least fifty (50) feet in width shall be provided and maintained
along the appropriate property line by the users of the "I-1" property.
The open area shall be planted with trees and shrubs. A minimum of
one (1) tree shall be planted per thirty (30) lineal feet or fraction
thereof for any frontage along a residential zoning district. Required
trees shall be at least two and one-half (2 1/2) inch caliper. Trees
existing within any required greenbelt at the time of installation
and which are larger than two and one-half (2 1/2) inch caliper shall
be preserved and will count toward the minimum landscaping requirements.
Newly planted species shall be hardy for the specified area. All landscaping
shall be maintained in a healthy growing condition and be neat and
orderly in appearance. The fifty-foot greenbelt shall not be used
for off-street parking facilities or for loading spaces. Along the
inner side (the industrial property side) of the greenbelt, except
when the greenbelt adjoins a public street, there shall be provided
either:
(1) A continuous visual
screen with a minimum height of six (6) feet, such screen consisting
of a compact evergreen hedge of foliage screening; or
(2) An ornamental masonry
wall or wood fence at least six (6) feet in height above grade, in
which case one (1) shrub shall be planted in the greenbelt per ten
(10) lineal feet or fraction thereof. Required shrubs shall be a minimum
of eighteen (18) inches in height at time of initial planting. Shrubs
may be clustered rather than evenly spaced.
11.
Landscaping. The required front,
side and rear yards shall be planted with trees and shrubs.
E. Industrial Performance Standards.
1.
Compliance With Standards. Any use
or proposed use shall be operated so as to comply with the provisions
of this Chapter. If it is deemed necessary by the Building Commissioner
in order to determine compliance with these standards by any proposed
or expansion of industry, the Commissioner may require any person,
firm or corporation to retain an expert consultant or consultants
to study and report as to compliance or non-compliance with these
performance standards and to advise how a proposed use or proposed
expansion of a use can be brought into compliance with these performance
standards. Such consultants shall be fully qualified to give the required
information and shall be persons or firms mutually agreeable to the
Building Commissioner and to the persons or firms of the use in question.
In the event of inability to select a mutual consultant, the Planning
and Zoning Commission shall select the consultant. The cost of the
consultant's services shall be borne by the owner, firm or corporation
requesting such use. No use lawfully established before October 25,
1977, shall be hereafter altered or modified so as to conflict with
or further conflict with these performance standards.
2.
Outdoor Storage. All permitted and
conditional uses shall be conducted within a completely enclosed building
with no open storage of raw, in process, or finished material, and
supplies or waste material, or finished or semi-finished products
manufactured on the premises, unless screened from the street, or
any residential or business district by fences or walls in accordance
with these district regulations.
3.
Noise. At no point on the boundary
of a residential or business district shall the sound intensity level
of any individual operation or plant (other than the operation of
motor vehicles or other transportation facilities) exceed the decibel
levels in the designated octave bands shown in the following table:
Maximum Permitted Sound Levels
(decibels)
|
---|
Octave Band Frequency (cycles
per second)
|
Along Residential District
Boundaries
|
Along Business District Boundaries
|
---|
0 to 75
|
67
|
75
|
75 to 150
|
65
|
70
|
150 to 300
|
59
|
63
|
300 to 600
|
52
|
57
|
600 to 1,200
|
46
|
52
|
1,200 to 2,400
|
40
|
45
|
2,400 to 4,800
|
34
|
40
|
Above 4,800
|
32
|
38
|
Note: Measurement is to be made at
the boundary of the nearest residential or business area or at any
other point along the boundary where the level is higher.
|
Sound levels shall be measured with
a sound level meter and associated octave band filter manufactured
according to standards prescribed by the American Standards Association.
Measurements shall be made using the flat network of the sound level
meter. Impulsive type noises shall be subject to the performance standards
hereinafter prescribed, provided that such noises are capable of being
accurately measured with such equipment. Noises capable of being so
measured, for the purpose of this Chapter, shall be those noises which
cause rapid fluctuations of the needle of the sound level meter with
a variation of no more than plus or minus two (±2) decibels.
Noises incapable of being so measured, such as those of an irregular
and intermittent nature, should be controlled so as not to become
a nuisance to adjacent uses.
|
4.
Smoke And Particulate Matter. The
emission of smoke, dusts or any gaseous or particulate matter by any
building in an amount sufficient to create a general nuisance to adjoining
properties shall be prohibited. Total emission of smoke, dusts and
any gaseous or particulate matter shall be limited to the following:
a.
Ringelmann Requirements. All smoke
and the emission of all other particulate matter in quantities sufficient
to produce an opacity at any point greater than Ringelmann 3 shall
be prohibited. The only exception shall be a plume consisting entirely
of condensed steam. A Ringelmann 1 unit is defined as twenty percent
(20%) density for one (1) minute. No more than fifteen (15) units
of Ringelmann smoke shall be permitted per hour and no smoke more
intense than Ringelmann 2, except that during one (1) hour of a twenty-four
(24) hour day, thirty (30) units of smoke may be emitted, but with
no smoke more intense than Ringelmann 3 as shown on the Ringelmann
Chart.
b.
The emission, from all sources within
any lot area, of particulate matter containing more than ten percent
(10%) by weight, of particles having a particulate diameter larger
than forty-four (44) microns, shall be prohibited.
c.
Dust and other types of air pollution,
borne by the wind from such sources as storage areas, yards, roads
and the like within lot boundaries, shall be kept to a minimum by
appropriate landscaping, paving, oiling, fencing or acceptable means.
Emission of particulate matter from such sources in excess of the
weight limitation herein specified shall be prohibited.
5.
Odors. No odor shall be emitted by
any use permitted in this district in such quantities as to be readily
detectable by an average observer at any point on the boundary line
of the premises or beyond.
6.
Noxious Gases. Processes and operations
of permitted uses capable of dispersing gases or toxic particulates
into the atmosphere must be hooded or otherwise suitably enclosed.
The emission of such toxic gases or particulate matter shall be from
a stack.
7.
Glare And Heat. Operation producing
intense light and heat shall be performed within an enclosed building
and not be visible beyond any lot line bounding the property whereon
the use is conducted.
8.
Vibration. Any operation or activity
which shall cause at any time and at any point beyond the boundaries
of the lot, earth-borne vibrations, other than background vibrations
produced by some source not under control of this Chapter, such as
the operations of motor vehicles or other transportation facilities,
in excess of the limits set forth in Column I of the table below shall
be prohibited. In addition, any operation or activity which shall
cause at any time and at any point in a residence district earth-borne
vibrations in excess of the limits set forth in Column II of the table
below shall be prohibited. Vibration shall be expressed as displacement
in inches and shall be measured with a three (3) component measuring
system approved by the Building Commissioner.
Frequency
(cycles per second)
|
I
Displacement
(inches)
|
II
Displacement
(inches)
|
---|
0 to 10
|
0.0008
|
0.0004
|
10 to 20
|
0.0005
|
0.0002
|
20 to 30
|
0.0002
|
0.0001
|
30 to 40
|
0.0002
|
0.0001
|
40 to over
|
0.0001
|
0.0001
|
Note: Impact vibrations which are
discrete pulses that do not exceed one hundred (100) impulses per
minute shall be permitted twice the displacements shown above in Columns
I and II.
|
[R.O. 2011 § 400.250; R.O. 2009
§ 156.036; CC 1981 § 30-38; Ord. No. 77-31, 7-5-1977; Ord. No. 82-29, 4-21-1982; Ord. No. 90-163, 6-21-1990; Ord. No. 90-188, 7-18-1990; Ord.
No. 98-209, 5-15-1998; Ord. No. 00-78, 4-5-2000; Ord. No. 01-156, 7-19-2001; Ord. No. 04-176, 8-4-2004; Ord. No. 09-227, 12-10-2009; Ord. No. 10-244 § 1, 11-18-2010; Ord. No. 11-106 § 6, 6-9-2011; Ord. No. 13-116 § 2, 6-20-2013]
A. Purpose. The purpose of the "I-2" Heavy
Industrial District is to provide for a wide variety of manufacturing,
fabricating, processing, wholesale distributing and warehousing uses
appropriately located for access by major thoroughfares or railroads,
to restrict or prohibit those industries which have characteristics
likely to produce serious adverse effects within or beyond the limits
of the district. Certain potentially hazardous industries are permitted
only after public hearings and review to ensure protection of the
public interest and surrounding property and persons. Commercial uses
and open storage of materials are permitted, but new residential development
is excluded.
B. Permitted Uses. A building or land in the
"I-2" District shall be used only for the following purposes. Where
any doubt exists as to the nature of a proposed use, product or process,
the proposal shall be considered as a potentially hazardous use and
referred to the Board of Adjustment for decision after a public hearing.
[Ord. No. 18-283, 12-18-2018]
1.
Any permitted use in the "I-1" Light
Industrial District.
3.
Cleaning and dyeing of garments,
hats, carpets and rugs.
4.
Coal and wood yards, coke storage
and sales.
5.
Exterminating establishment.
6.
Fertilizer storage in bags or bulk
storage of liquid or dry fertilizer in tanks or in a completely enclosed
building, but not manufacture or processing.
7.
Flour, grain and feed storage, blending
and packaging, but not milling.
8.
Manufacture or assembly of the following
products:
a.
Abrasive wheels or stones, abrasive
paper, cloth and related products.
b.
Agricultural or farm implements.
c.
Aircraft and aircraft parts.
g.
Insecticides, fungicides, disinfectants
and related industrial and household chemical elements (blending only).
h.
Leather goods, not including tanning
operations.
i.
Monuments and architectural stone.
j.
Pottery and figurines or similar
ceramic products and kilns fired by electricity or gas only.
k.
Pulp goods, pressed or molded, including
paper mache products, paper products, but not manufacture of paper.
l.
Rubber products and rubber and synthetic
fabrics, excluding all rubber and synthetic processing.
m.
Structural iron and steel fabrication.
n.
Wall board and plaster, building
insulation and composition flooring.
p.
Wood chip and fiberboard.
9.
Indoor and outdoor storage and sales
of building materials (cement, lime in bags or containers, sand, gravel,
stone, lumber, structural or reinforcing steel, pipe and the like),
but not manufacture or steel fabricating or junk storage.
10.
Laundries, linen service.
11.
Plating, electrolytic process.
12.
Poultry packing, and slaughtering
(wholesale).
13.
Railroad switching yard, primarily
for railroad service in the district, team tracks and spur tracks.
14.
Sawmill, including cooperage stock
mill, stationery.
15.
Soap products, but not soap manufacture.
16.
Stone products, sand and gravel,
but not crushing or grinding.
C. Conditional Uses. The following uses or the manufacture, compounding, processing, packaging or treatment of products not specifically listed above or below, but which may have accompanying hazards such as fire, explosion, noise, vibration, dust or the emission of smoke, odor, toxic gases or other pollutants, may be located in the "I-2" Heavy Industrial District, if not in conflict with any State or County law or ordinance, only after the location and nature of such use shall have been approved by the City Council following recommendation by the Planning and Zoning Commission after public hearing as provided in Section
400.980 et seq. The Commission and Council shall review the plans and statements and shall not permit such buildings, structures or uses until there has been shown that the public health, safety, morals and general welfare will be properly protected and that necessary safeguards will be provided for the protection of streams or other water areas or surrounding property and persons. The Commission and Council, in reviewing the plans and statements, shall consult with other agencies created for the promotion of public health and safety and shall pay particular attention to protection of the City and its neighbors from the harmful effects of air or water pollution of any type.
[Ord. No. 18-283, 12-18-2018]
1.
Any conditional use permitted in
the "I-1" zoning district.
2.
Airports, landing strips and heliports.
3.
Ammunition and explosives storage.
4.
Asphalt or asphalt products or central
asphalt mixing or batching.
5.
Concrete products or central mixing
and proportioning plant and cement manufacture.
6.
Distillery (alcoholic), breweries
and makers of alcoholic spirits (non-industrial).
7.
Docks, wharves and piers, except
for pleasure craft, marine warehouses or storage area, freight storage
shed, freight handling equipment.
8.
Dredging base, marine construction
yard, marine salvage base, but not junk unrelated to marine salvage.
9.
Engine testing (internal combustion
engines), but not jet engines or rockets.
10.
Flour, feed and grain milling.
11.
Galvanizing or plating (hot dip).
12.
Hides and raw fur, curing, tanning,
dressing, dyeing and storage.
15.
Leather tanning and curing.
16.
Manufacture of the following products:
a.
Acetylene generation and storage.
b.
Adhesives, glue or sizing.
e.
Candles, including wax or tallow
manufacture.
g.
Glass and glass products.
h.
Insecticides, fungicides, disinfectants
or related industrial or household chemical products.
i.
Linoleum and other hard-surface floor
coverings, except wood.
k.
Oils, shortening and fats (edible)
manufacture and storage.
l.
Paint, oil, shellac, turpentine or
varnish.
17.
Materials recovery facility.
18.
Meat or fish products, including
slaughtering of animals or poultry or preparation of fish for packing.
20.
Plastic material and synthetic resins,
processing only.
23.
Wood preserving treatment facility.
24.
Quarry with rock crushing operation.
25.
The provisions of this Section shall
apply to all new uses and to existing uses where a substantial change
or expansion to the layout, operation or configuration is proposed.
E. Design Standards. (See also Article
III, Division 2, Design Standards, for additional regulations.) The following design standards are required in the "I-2" District:
1.
Minimum lot area: one (1) acre.
2.
Minimum lot width at the building
line: one hundred fifty (150) feet.
3.
Minimum lot depth: two hundred (200)
feet.
4.
Maximum height of building: three
(3) stories or forty-five (45) feet.
"GPRS" bonus:
All tiers: four (4) stories or sixty
(60) feet, except when adjoining a residential zoning district.
5.
Minimum setback requirements measured
from building line to property line:
a.
No part of any building, accessory
structure or sign shall be located closer than one hundred (100) feet
to any residential district boundary.
b.
The front yard setback is thirty-five
(35) feet, except fifty (50) feet across street from residential district.
"GPRS" bonus:
Tiers 1 and 2: thirty (30) feet.
Tier 3: twenty-five (25) feet, except
fifty (50) feet across street from residential district.
c.
The side yard setback is zero (0)
feet, except ten (10) feet adjoining any commercial zoning district
and fifty (50) feet adjoining any residential district.
[Ord. No. 18-258, 11-20-2018]
"GPRS" bonus:
|
All tiers: zero (0) feet, except
ten (10) feet adjoining any commercial zoning district and fifty (50)
feet adjoining any residential district. [Ord. No. 18-258, 11-20-2018]
|
d.
The rear yard setback is zero (0)
feet, except thirty (30) feet adjoining any commercial zoning district
and fifty (50) feet adjoining any residential district.
[Ord. No. 18-258, 11-20-2018]
"GPRS" bonus:
|
All tiers: zero (0) feet, except
twenty-five (25) feet adjoining any commercial zoning district and
fifty (50) feet adjoining any residential district. [Ord. No. 18-258, 11-20-2018]
|
6.
Maximum lot coverage: none.
7.
Floor area in square feet: No requirement.
8.
Public Utilities. Requirements are contained in Section
400.610.
9.
Off-Street Parking And Loading.
a.
No parking shall be permitted in
required front yard.
b.
Additional off-street parking and loading requirements are contained in Article
V, Division 1, Parking.
10.
Protective Screening.
a.
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section
400.965(B)(4).
b.
Where an "I-2" zoning district directly
adjoins a residential zoning district or is located across a public
street or alley from a residential zoning district, a landscaped greenbelt
at least fifty (50) feet in width shall be provided and maintained
along the appropriate property line by the users of the "I-2" property.
The open area shall be planted with trees and shrubs. A minimum of
one (1) tree shall be planted per thirty (30) lineal feet or fraction
thereof for any frontage along a residential zoning district. Required
trees shall be at least two and one-half (2 1/2) inch caliper. Trees
existing within any required greenbelt at the time of installation
and which are larger than two and one-half (2 1/2) inch caliper shall
be preserved and will count toward the minimum landscaping requirements.
Newly planted species shall be hardy for the specified area. All landscaping
shall be maintained in a healthy growing condition and be neat and
orderly in appearance. The fifty-foot greenbelt shall not be used
for off-street parking facilities or for loading spaces. Along the
inner side (the industrial property side) of the greenbelt, except
when the greenbelt adjoins a public street, there shall be provided
either:
(1) A continuous visual
screen with a minimum height of six (6) feet, such screen consisting
of a compact evergreen hedge or foliage screening; or
(2) An ornamental masonry
wall or wood fence at least six (6) feet in height above grade, in
which case one (1) shrub shall be planted in the greenbelt per ten
(10) lineal feet or fraction thereof. Required shrubs shall be a minimum
of eighteen (18) inches in height at time of initial planting. Shrubs
may be clustered rather than evenly placed.
11.
Landscaping. The required front yard
shall be planted with trees or shrubs.
F. Industrial Performance Standards. The same requirements as in Section
400.240(E).
[R.O. 2011 § 400.270; R.O. 2009
§ 156.038; CC 1981 § 30-30(b); Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 00-78, 4-5-2000; Ord. No. 01-156, 7-19-2001; Ord.
No. 04-176, 8-4-2004; Ord. No. 06-320, 11-29-2006; Ord. No. 09-64, 4-17-2009; Ord. No. 10-244 § 1, 11-18-2010]
A. Purpose. The purpose of the "CBD" Central
Business District is to provide opportunity for a broad spectrum of
uses designed to encourage development of the downtown area as a commercial
and office center with appropriate loosening of normal restrictions.
The regulations of the Central Business District are intended to allow
greater design flexibility than is permitted by the other district
regulations for tracts of land in the Central Business District, where
the planned development of such tract would better utilize the character
of the site and enhance the appearance and economic vitality of the
downtown area.
B. Permitted Uses. A building or land in the
Central Business District shall be used only for the following purposes:
1.
Any permitted use in the "C-1" or
"C-2" zoning districts except auditorium and meeting facility within
the HDD, Historic Downtown District;
[Ord. No.
21-016, 1-19-2021]
2.
Two (2) dwelling units located above
the first floor; or
3.
Single-family dwellings, except that
in the Historic Downtown District a single-family dwelling shall not
be located on the first floor of a building.
C. Conditional Uses. The following uses may
be permitted as conditional uses if approved by the City Council following
recommendation by the Planning and Zoning Commission:
1.
Any conditional use in the "C-1"
or "C-2" zoning districts, except shipping container structures, vehicle
sales and firearm ranges are prohibited; and
[Ord. No.
21-019, 2-2-2021; Ord. No. 21-078, 5-18-2021; Ord. No. 22-088, 7-12-2022]
2.
Apartment buildings, residential
condominiums, townhouses, row houses and other types of multiple-family
dwellings, except that in the Historic Downtown District these residential
uses shall be permitted only above the first floor. The density of
multi-family dwellings shall not exceed twenty-four (24) dwelling
units per acre (DU/A). The following are permitted accessory uses
for developments of multiple-family dwellings:
[Ord. No. 15-185 § 1, 8-18-2015]
a.
A laundry room for use by occupants;
b.
Club and recreational facilities
for use by occupants;
c.
Coin-operated vending machines for
candy, tobacco, ice, soft drinks and sundries located inside a building
for use by occupants; and
d.
An office located in a main building
for administration of a development consisting of ten (10) or more
dwelling units.
D. Design Standards.
4.
Minimum setback requirements measured
from the building line to the property line:
a.
Front yard: none, except 15 feet
when across a street from a residential zoning district.
b.
Side yard: none, except 15 feet when
adjoining a residential zoning district.
c.
Rear yard: none, except 15 feet when
adjoining a residential zoning district.
5.
Minimum floor area in square feet:
none.
E. Maximum Height. Maximum height of buildings
shall be three (3) stories or forty-five (45) feet. However, the height
limitations may be varied upon review by the Planning and Zoning Commission
and approval by the City Council.
F. Maximum Lot Coverage. Eighty percent (80%)
of the gross lot area.
G. Protective Screening.
1.
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section
400.965(B)(4).
2.
Where a "CBD" zoning district directly
adjoins a residential zoning district or is located across a public
street or alley from a residential zoning district, a landscaped greenbelt
at least fifteen (15) feet in width shall be provided and maintained
along the appropriate property line by the users of the "CBD" property.
The open area shall be planted with trees and shrubs. A minimum of
one (1) tree shall be planted per thirty (30) lineal feet or fraction
thereof for any frontage along a residential zoning district. Required
trees shall be at least two and one-half (2 1/2) inch caliper. Trees
existing within any required greenbelt at the time of installation
and which are larger than two and one-half (2 1/2) inch caliper shall
be preserved and will count toward the minimum landscaping requirements.
Newly planted species shall be hardy for the specified area. All landscaping
shall be maintained in a healthy growing condition and be neat and
orderly in appearance. The fifteen-foot greenbelt shall not be used
for off-street parking facilities or for loading spaces. Along the
inner side (the commercial property side) of the greenbelt, except
when the greenbelt adjoins a public street, there shall be provided
either:
a.
A continuous visual screen with a
minimum height of six (6) feet, such screen consisting of a compact
evergreen hedge or foliage screening; or
b.
An ornamental masonry wall or wood
fence at least six (6) feet in height above grade, in which case one
(1) shrub shall be planted in the greenbelt per ten (10) lineal feet
or fraction thereof. Required shrubs shall be a minimum of eighteen
(18) inches in height at time of initial planting. Shrubs may be clustered
rather than evenly spaced.
H. Off-Street Parking And Loading. The following
off-street parking and loading regulations shall apply to the "CBD":
1.
For all existing buildings, the off-street
parking and loading requirements are waived for approved uses.
2.
All new construction shall provide one-half (1/2) of the parking and loading requirements contained in Article
V, Division 1, Parking.
3.
All new construction that exceeds the maximum height requirements shall provide one hundred percent (100%) of the parking and loading requirements contained in Article
V, Division 1, Parking.
I. Additional Requirements. Additional requirements are contained in Section
400.350 et seq.
[R.O. 2011 § 400.280; R.O. 2009
§ 156.039; CC 1981 § 30-39(c); Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 99-53, 2-4-1999; Ord. No. 99-205, 6-3-1999; Ord.
No. 01-111, 6-8-2001; Ord. No. 02-229, 9-20-2002; Ord. No. 10-244 § 1, 11-18-2010]
A. Purpose. The purpose of the "CRD" Central
Residential District is to provide opportunity for residential uses
in close proximity to the Central Business District. The regulations
of Central Residential District are intended to allow greater flexibility
in design and uses than would normally be permitted by other residential
districts. The primary objective of the district is to preserve the
appearance and economic vitality of the entire area while at the same
time maintaining the initial character of the original residential
uses of the area.
B. Permitted Uses.
1.
"CRD-I." A building or land shall
be used only for the following purposes. Any use, accessory use or
conditional use permitted in the "R1-C," "R1-D" or "R1-E" zoning districts.
2.
"CRD-II." A building or land shall
be used only for the following purposes. Any use, accessory use or
conditional use permitted in the "R-1C," "R-1D," "R-1E" or "R-2" zoning
districts.
C. Design Standards.
1.
Minimum lot area: five thousand (5,000)
square feet.
2.
Minimum floor area: eight hundred
fifty (850) square feet per principal building.
5.
Minimum front yard: twenty (20) feet.
Front yard area, except for driveway
access, shall be used for lawn and landscaping only.
6.
Minimum side yard: five (5) feet.
7.
Minimum rear yard: ten (10) feet.
8.
Maximum height:
a.
"CRD-I": three (3) stories or 45
feet.
b.
"CRD-II": two and one half (2 1/2)
stories or thirty-five (35) feet.
9.
Minimum floor area per dwelling unit
in the "CRD-II": seven hundred (700) square feet.
D. Maximum Building Coverage.
1.
"CRD-I." The maximum building coverage
of the principal buildings shall be not more than seventy percent
(70%) of the gross lot area. Usable yard area shall be not less than
five percent (5%) of the net lot area.
2.
"CRD-II." There shall be only one
(1) principal building per lot within the "CRD" II District. The maximum
building coverage of the principal building shall be not more than
seventy percent (70%) of the gross lot area. Usable lot area shall
be not less than five percent (5%) of the net lot area.
E. Off-Street Parking. The off-street parking spaces shall be provided for as outlined in Article
V, Division 1, Parking.
F. Protective Screening. Except for lots with one (1) single-family or one (1) two-family dwelling, all exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section
400.965(B)(4).
[R.O. 2011 § 400.290; R.O. 2009
§ 156.040; Ord. No. 05-21, 1-14-2005; Ord. No. 08-217, 10-13-2008; Ord. No. 09-189, 10-29-2009; Ord. No. 10-25 § 1, 2-19-2010; Ord. No. 10-74 § 1, 4-22-2010; Ord. No. 10-99 § 1, 5-20-2010; Ord.
No. 11-26 § 5, 2-4-2011; Ord. No. 12-165 § 3, 9-28-2012; Ord. No. 13-231, 11-19-2013; Ord. No.
17-151 § 3, 7-28-2017; Ord. No. 19-133, 6-11-2019; Ord. No. 19-191, 9-17-2019; Ord. No. 21-019, 2-2-2021; Ord. No. 21-030, 2-16-2021; Ord.
No. 21-055, 3-16-2021; Ord. No. 21-077, 5-18-2021; Ord. No. 21-078, 5-18-2021; Ord. No. 21-208, 12-21-2021]
A. Purpose. The purpose of the "FD" Frenchtown
District is to execute the 2020 Frenchtown Great Streets Plan dated
June 15, 2020, by providing for a multiuse district which provides
for a mixture of retail, restaurants, office, personal service, residential
and lodging; to preserve existing historic structures and infuse new
construction and new land uses to energize this area for future generations.
B. Permitted Uses. A building or land in the
"FD" shall be used only for the following purposes:
1.
Animal service establishments, including
veterinarian. small animal hospital, pet adoption, grooming, and other
similar uses but shall not include kennels for overnight stays. Any
rooms, cages, or pens be maintained within a completely enclosed,
soundproof building and that such use be operated in such a way as
to produce no objectionable noise or odors outside its walls. Open
pens or runs shall be at least three hundred (300) feet from a residential
district.
2.
Art galleries and museums.
4.
Banks, savings and loan associations.
5.
Bed-and-breakfast establishments.
6.
Business, professional and technical
schools and universities.
7.
Cosmetic tattoo establishment.
[Ord. No. 22-104, 8-2-2022]
8. Dwellings, single-family, including single-family attached, two-family
and multi-family.
[Ord. No. 22-088, 7-12-2022]
11.
Parking lots for public use.
13.
Public and private libraries.
14.
Public or government offices.
15.
Public parks and open space.
16.
Recreational use, indoor.
17.
Recreational use, outdoor.
18.
Restaurants, with or without accessory drive-through.
19.
Retail, including, but not limited
to, specialty shops (antiques), boutiques, coffee shops, delicatessens,
farmers markets and tea rooms.
21.
Short-term rentals subject to the requirements of Section
400.421.
[Ord. No. 22-104, 8-2-2022]
22.
Studios for artists, photographers,
teachers, sculptors, musicians or graphic designers.
23.
Temples and meeting facilities for
fraternal, religious, Masonic and philanthropic clubs and organizations.
24.
Placement of a telecommunication
antenna on an existing telecommunication tower (co-location) where
no expansion or enlargement of the existing tower enclosure is required.
C. Conditional Uses. The purpose of the conditional
use process is to allow the establishment of those uses which have
some special impact or uniqueness such that their effect on the surrounding
environment cannot be determined in advance of the use being proposed
for a particular location. The conditional use process provides the
City with the means to review the location, design, configuration
of uses and potential impacts and compatibility with the surrounding
area. In approving the conditional use, the Planning and Zoning Commission
may recommend and the City Council may impose conditions or safeguards
as are deemed necessary to protect the surrounding properties and
public generally. The following uses may be permitted in the "FD"
as a conditional use, if approved by the City Council following recommendation
by the Planning and Zoning Commission:
1.
Animal service establishments with
kennels for overnight stays. Any rooms, cages, pens or kennels be
maintained within a completely enclosed, soundproof building and that
such hospital or clinic be operated in such a way as to produce no
objectionable noise or odors outside its walls. Open pens or runs
shall be at least three hundred (300) feet from a residential district.
The City Council shall impose any conditions it deems appropriate
for protection of adjoining properties from noise and odor. which
may include, but are not limited to, requiring berms, walls, plantings.
2.
Any permitted/conditional use that
requires a liquor license. Any land use under the "FD" Frenchtown
District which requires a liquor license shall cease operations by
11:00 P.M. Due to the potential negative secondary effects of the
location and operations of establishments that predominantly sell
intoxicating beverages, the City Council may place additional regulations
on these uses to reduce or eliminate these effects, including, but
not limited to, additional limits on hours of operation, separation
and location restrictions, other nuisances, and the manner of operation.
[Ord. No. 22-088, 7-12-2022]
4.
Body piercing, branding or tattoo
establishments.
a.
Separation requirement. Not more
than one establishment shall be located within the district.
b.
Additional conditions. Establishments
may be further limited by conditions attached to the conditional use
permit.
6. Microbreweries, brew pubs, wineries and craft distilleries, including
tasting rooms.
[Ord. No. 22-088, 7-12-2022]
a. Conditional Use Regulations. Due to the potential negative secondary
effects of the location and operations of establishments that predominantly
sell intoxicating beverages, the City Council may place additional
regulations on these uses to reduce or eliminate these effects, including,
but not limited to, additional limits on hours of operation, separation
and location restrictions, other nuisances, and the manner of operation.
7.
Short-term rental of motorized vehicles, and low-speed vehicles as defined in Section
365.130 of the Municipal Code. For purposes of this conditional use, "short-term rental" shall be defined as seven (7) days or less.
8.
Temporary retail sales as regulated within Section
400.480.
[Ord. No. 22-088, 7-12-2022]
D. Design Standards.
2.
Minimum lot width at the building
line: none.
4.
Maximum height of building: four
(4) stories or sixty (60) feet.
5.
Minimum setback requirements measured
from the building line to the property line:
b.
Side yard setback: none, except ten
(10) feet when abutting a residential district.
c.
Rear yard setback: none, except twenty
(20) feet when directly abutting a residential district. Areas separated
by right-of-way (streets or alleys) shall not be required to provide
setback.
6.
Maximum floor area: none.
7.
Public utilities. Requirements are contained in Section
400.610.
8.
Parking and loading.
a.
For all existing buildings, the off-street
parking and loading requirements are waived for approved uses.
b.
All new construction shall provide parking and loading requirements contained in Section
400.660 et seq., except required parking spaces for the following uses may be provided as follows:
[Ord. No. 22-088, 7-12-2022]
(1) Residential: one (1)
per dwelling unit.
(2) Lodging uses: one (1)
per sleeping room or suite.
(3) Non-residential uses:
three (3) per one thousand (1,000) square feet.
c.
The required parking may be provided
within a one-quarter-mile radius of the site which it serves; however,
shall not include areas within one-quarter-mile radius outside of
the project area of the Frenchtown Great Street Plan dated June 15,
2020. Required parking spaces may be provided from the following:
(1) Public or private parking
lots or structures which provide parking for the general public; and
(2) On-street parking spaces.
d.
If the above standards in Subsection
(D)(8)(b) or
(c) cannot be met, a parking study produced by a traffic professional using industry-accepted standards or publications may be submitted to modify these standards with a site plan for review by the Department of Community Development and approval by the Planning and Zoning Commission or, if applicable, the HLPARB.
e.
The Director of Community Development
or designee may authorize applicable off-street parking requirements
to be satisfied, in whole or in part, by the applicant's payment of
a proportionate share in-lieu fee of seven thousand dollars ($7,000)
per required parking space as established by ordinance that is consistent
with, but does not exceed, costs the City will incur to provide the
equivalent number of public parking spaces. This escrow shall be for
maintenance and/or acquisition of parking within the study area as
documented within the Frenchtown Great Streets Plan dated June 15,
2020.
f.
If off-street parking is provided, interior landscaping per Section
400.700(J)(4) shall not be required. Perimeter landscaping as required per Section
400.700(J)(2) and Section
400.700(J)(3) shall be required, as applicable.
g.
Any off-street parking spaces shall be located at the rear of the lot behind the principal structure. For corner lots or land where public or private parking serves as the primary use, parking spaces shall be screened by a sight-proof masonry wall or equivalent landscaping of at least four (4) feet in height where adjacent to right-of-way, exclusive of alleys, while maintaining comer visibility standards as provided in Section
400.540.
9.
Metal-clad buildings are prohibited
except as set forth herein. Shipping container structures are permitted
subject to site plan approval by the HLPARB or, as applicable, the
Planning and Zoning Commission. Shipping container structures shall
comply with the following conditions plus any other conditions deemed
necessary, reasonable and appropriate by the Board:
[Ord. No. 22-088, 7-12-2022]
a.
Shipping container structures shall
be painted or treated so as to prevent rust.
b.
Shipping container structures shall
be affixed to a permanent foundation.
c.
Shipping container structures shall be certified by a Missouri licensed professional engineer as structurally sound, shall be fully compliant with Chapter
500, and shall be a permanent structure.
d.
Shipping container structures shall
not be permitted for single-family dwellings.
10.
Protective screening.
a.
All refuse and waste removal storage
areas shall be screened with a minimum six-foot-high solid screen
wall of masonry construction to complement the primary structure as
approved by the HLPARB or, as applicable, the Planning and Zoning
Commission. Gates shall be composed of metal or solid vinyl in a complementary
color to the masonry as approved by the HLPARB and in no case shall
slatted, chain-link fencing be used. Any other materials shall be
approved by the HLPARB or, as applicable, the Planning and Zoning
Commission. Solid waste container enclosures shall have a concrete
floor.
b.
Where an "FD" Directly adjoins a
residential zoning district, a landscaped greenbelt at least fifteen
(15) feet in width shall be provided and maintained along the appropriate
property line by the users of the "FD" property. Areas separated by
right-of-way or alley shall not be required to provide a buffer. The
open area shall be planted with trees and shrubs. A minimum of one
(1) tree shall be planted per lineal foot or fraction thereof for
any frontage along a residential zoning district. Required trees shall
be at least two-and-one-half-inch caliper. Trees existing within any
required greenbelt at the time of installation and which are larger
than two-and-one-half-inch caliper shall be preserved and will count
toward the minimum landscaping requirements. Newly planted species
shall be hardy for the specified area. All landscaping shall be maintained
in healthy growing condition and be neat and orderly in appearance.
The fifteen-foot greenbelt shall not be used for off-street parking
facilities or for loading space. Along the inner side (the commercial
property side) of the greenbelt, except when the greenbelt adjoins
a public street, there shall be provided either:
(1) A continuous visual
screen with a minimum height of six (6) feet, such screen consisting
of a compact evergreen hedge or foliage screening; or
(2) An ornamental masonry
wall or solid maintenance-free fence at least six (6) feet in height
above grade, in which case one (1) shrub shall be planted in the greenbelt
per ten (10) lineal feet or fraction thereof. Required shrubs shall
be a minimum of eighteen (18) inches in height at time of initial
planting. Shrubs may be clustered rather than evenly spaced.
11.
Any of the above design standards
may be modified through approval of a conditional use.
12.
Accessory buildings.
a.
Residential uses within the district shall reference Section
400.530.
b.
Nonresidential uses shall comply
with design standards of this district.
13.
Maximum number of primary structures per lot: none, except single family dwellings/uses shall be limited by Section
400.110(A).
14.
Outdoor display of merchandise: Standards as adopted for the "FPD" Frenchtown Preservation District shall apply to the entirety of the "FD" Frenchtown District. See Section
400.360(E), "FPD" Frenchtown Preservation District Standards for outdoor display standards.
[R.O. 2011 § 400.300; R.O. 2009
§ 156.063; CC 1981 § 30-39(a); Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
To enable the "superimposed district"
to operate in harmony with the plan for land use and population density
embodied in this Chapter, the "HP" Historic Preservation District,
the "RPPD" Residential Parking Permit District and the "EHP" Extended
Historic Preservation District, are created as special districts to
be superimposed on the other districts contained in this Chapter or
amendments hereto and are to be so designated by the City Council
and depicted by a special symbol for their boundaries on the Zoning
District Map. If there is a conflict between regulations of an underlying
district and a superimposed district, the regulations of the superimposed
district shall prevail.
[R.O. 2011 § 400.310; R.O. 2009
§ 156.064; CC 1981 § 30-30(f); Ord. No. 77-31, 7-5-1977; Ord. No. 80-47, 4-9-1980; Ord. No. 97-311, 9-18-1997; Ord. No. 98-209, 5-15-1998; Ord.
No. 05-114, 4-26-2005; Ord. No. 06-329, 12-14-2006; Ord. No. 07-162, 6-11-2007; Ord. No. 10-244 § 1, 11-18-2010; Ord. No. 12-125 § 1, 7-25-2012; Ord. No. 16-161 § 1, 8-16-2016]
A. Purpose. The purpose of this district is
to reduce the hazardous traffic conditions resulting from the use
of streets within residentially zoned districts for parking of vehicles
by persons using adjoining multifamily or non-residentially zoned
districts. The regulations of the "RPPD" Superimposed District are
intended to protect these districts from polluted air, excessive noise,
trash and refuse caused by the entry of such vehicles; to protect
the residents of these districts from unreasonable burden in gaining
access to their residences; to preserve the residential character;
to promote efficiency of access in the answering of emergency calls
by the Fire and Police Departments; to promote efficiency in the maintenance
of these streets in a clean and safe condition; to preserve the value
of the residential property; to preserve the safety of children and
other pedestrians and traffic safety; and to maintain the peace, good
order, comfort, convenience and welfare of the residents.
B. Initiation Of A Request For "RPPD" Designation.
1.
Any member of the City Council, through
the Mayor, or the Mayor may initiate a request for "RPPD" Designation
for an area of the City. An "RPPD" area must contain a minimum of
five (5) adjacent properties or have a lineal distance of three hundred
(300) feet to be eligible.
2.
Each street or street segment which
is proposed for residential permit parking will be evaluated using
the following methodology:
a.
Seven (7) days prior to the evaluation,
all residents within the area to be evaluated will be notified by
the Department of Community Development that the City is going to
conduct an on-street parking evaluation. Area residents will be asked
to place a card, provided by the City, in the rear window of any vehicle
they intend to park on the street in the area in question to evaluate
the impact of non-resident on-street parking in the area.
b.
The evaluation will include a determination
of the number of on-street spaces occupied during at least two (2)
days when the greatest number of parked vehicles is anticipated. The
effects of turnover in vehicles parked on the street will also be
analyzed.
c.
The number of on-street spaces are
calculated at the rate of twenty-two (22) feet of lineal curb length
with any fractional number rounded to the lowest number.
C. Design Criteria. To be eligible for the
"RPPD" overlay, the study area must find at least fifty percent (50%)
of the parking spaces must not turn over within a two-hour period
and at least fifty percent (50%) of the parking spaces must be filled
and at least fifty percent (50%) of the spaces must be occupied by
non-resident vehicles. A proposed district with boundaries within
one thousand (1,000) feet of a property line of a learning institution
where any portion of the student population is of driving age shall
not be subject to the design criteria.
D. Overlay Designation. Upon completion of the analysis and a finding that an "RPPD" meets the design criteria, staff shall notice and advertise for rezoning the area in question using the procedures outlined in Article
XII, except as set forth in Subsection
(D)(1) below:
[Ord. No. 24-009, 2-6-2024]
1.
Completion of analysis and a finding
of meeting design criteria shall not be required for a proposed district
with boundaries within one thousand (1,000) feet of a property line
of a learning institution where any portion of the student population
is of driving age, a proposed district designed to reduce criminal
activity or to reduce congestion from street or utility construction.
These proposed districts shall only be subject to a public hearing
before the City Council prior to the passage of an ordinance to create
the district. A district created to reduce criminal activity or to
reduce congestion from street or utility construction shall terminate
within one (1) year of its establishment or completion of construction,
as the case may be, but may be extended by the City Council if the
conditions prompting the designation have not been resolved or the
construction is not completed.
E. Parking Permits Notification. Upon passage
of an ordinance by City Council designating an area as an "RPPD,"
notification will be sent to every address within the eligible area
informing them that they are in a permit parking area and must obtain
a parking permit sticker from the Department of Community Development.
Residents must furnish proof in the form of vehicle registration for
each vehicle for which they want a sticker. This notification will
also include information concerning the availability of temporary
visitor, guest and business parking permits.
F. Signage. Upon passage of the ordinance,
the Department of Public Works will post signs on the affected streets
with "Residential Permit Parking Only" and the days and hours permits
are in effect or required.
G. Eligibility For Permits.
1.
To residents of the affected areas,
one (1) permit for each vehicle registered to that address.
2.
For visitors of any residents in
the affected area, residents may obtain visitor passes to issue to
their visitors.
3.
One-day permits for other uses consistent
with the residential character of the district may be obtained by
residents.
4.
In applying for an "RPPD" permit,
the applicant must apply to the Department of Community Development
who will verify that the address is within the "RPPD" overlay. Upon
verification by the Department of Community Development, the applicant
will then be able to purchase the permit from the City Collector.
H. Proof Of Eligibility.
1.
Each resident is entitled to one
(1) permit per vehicle.
2.
Residents must present to the City
Collector proof of ownership and paid personal property tax receipt
with his/her address for each vehicle for which a permit is desired.
3.
If a resident has recently moved
into an affected district, they must show proof of residence and vehicle
ownership. A permit shall not be issued to a new resident until the
original resident has surrendered his/her permit.
4.
Residents must obtain parking permits
for all visitors.
I. Expiration. Residential and visitor parking
permits shall be valid for one (1) year expiring December 31.
J. Sticker Display. All stickers will be displayed
in the lower driver's side of the rear window, except where the lower
driver's side of the rear window is tinted or obstructed, then the
sticker may be affixed to the non-reflective side of the rear view
mirror.
K. Non-Residence. Whenever a person holding
a permit no longer meets the conditions of residency in a permit parking
district, he/she shall surrender the permit(s) issued to him/her to
the Department of Community Development.
L. Enforcement.
1.
Enforcement of the residential parking
permit district shall be under the direction of the Chief of Police.
2.
It shall be unlawful for any person
to represent that he/she is entitled to a permit when he/she is not
so entitled; to fail to surrender a permit to which he/she is not
so entitled; to obtain, give, rent or sell a permit to a person to
whom it is not entitled; to park a vehicle displaying a permit when
the holder of the permit is not so entitled.
M. Violation. Violation of this Section shall
be punishable by a minimum fine of twenty-five dollars ($25.00).
N. Dissolution
of RPPD Designation.
[Ord. No. 22-057, 4-19-2022]
1. Any member of the City Council, through the Mayor, or the Mayor may
initiate a request for the dissolution of an "RPPD" Designation for
an area of the City.
2. Upon initiation, the Department of Community Development shall notice and advertise for rezoning the area in question using the procedures outlined in Section
400.990.
3. Upon passage of an ordinance of dissolution, the Department of Public
Works will remove any relevant signage on affected streets, and notifications
will be sent to every address within the formerly eligible area informing
them that the "RPPD" has been dissolved.
[R.O. 2011 § 400.320; R.O. 2009
§ 156.065; Ord. No. 98-209, 5-15-1998; Ord. No. 04-176, 8-4-2004; Ord. No. 10-26 § 1, 2-19-2010; Ord.
No. 13-116 § 3, 6-20-2013]
A. Purpose. The purpose of this Section is
to safeguard the public health, safety and general welfare through
the protection of groundwater used as a public water supply.
B. Permitted Uses. Any use permitted by right
in an underlying zoning district shall also be permitted by right
in an overlying Wellhead Protection District, the boundaries of which
are illustrated on the map attached to Ord. No. 10-26 and on file
in the City offices.
C. Conditional Uses.
1.
The following uses may be permitted
in the "WHP" Wellhead Protection District as a conditional use if
approved by the City Council following recommendation by the Planning
and Zoning Commission:
a.
The production, use, handling or
storage of any hazardous substance or liquid petroleum product.
b.
Fleet maintenance repair and service
facilities, including, but not limited to, mechanic services, transmission
repair services and oil changing services in conjunction with and
supplementary to a permitted business operation.
c.
Construction of new underground storage
tanks and associated pipes in compliance with applicable local, State
and Federal laws and in conjunction with and supplementary to a permitted
business operation.
f.
Wastewater pretreatment facilities
or other impoundments of waste material.
g.
Vehicle service stations and convenience
stores which sell motor fuel.
h.
Electrical power generator and substations.
i.
Closed-loop heat pump well systems,
provided the entire length of the pipe system is sealed with a thermal
grout.
j.
Materials recovery facilities for
properties located within the "I-2" Heavy Industrial District only,
provided the operations are conducted within enclosed buildings, do
not involve outdoor processing, and the only material accepted is
non-hazardous construction and demolition waste. Such waste is limited
to wood, drywall, masonry, concrete, metal, plastic, cardboard, paper,
roofing, and asphalt products.
k.
Temporary storage of new and used
motor vehicles, recreational vehicles, boats, and trailers if permitted
as a conditional use in the underlying zoning district. All stored
vehicles, boats, and trailers must be in operable condition.
[Ord. No.
20-146, 10-20-2020]
2.
In order to receive approval from
the City Council, each facility which handles or uses regulated substances
must fulfill the following requirements:
a.
Provide for the installation and
maintenance of devices for secondary containment in case of inadvertent
discharge from primary containers. Ensure the proper storage of regulated
substances to ensure the integrity and proper functionality of impervious
floor surface.
b.
Submission of an emergency contingency
plan for each facility to respond to unauthorized discharges.
c.
Carrying of insurance which would
pay for the cost of cleanup incurred as the result of inadvertent
discharge.
[Ord. No. 24-100, 8-6-2024]
d.
The three (3) previous requirements
must be approved in writing by both the Fire Chief and the Community
Development Director or their designees.
D. Prohibited Uses. The following uses are
prohibited in the "WHP" Wellhead Protection District:
1.
The production, use, handling, or storage of any extremely hazardous substance, greater than the exempted quantity, as defined in Section
400.050.
2.
Landfills, including, but not limited
to, industrial and municipal landfills; open dumps; or any other waste
disposal facility.
3.
Waste transfer stations and incinerators, except for materials recovery facilities as defined in Section
400.050 and described in Subsection
(C).
4.
Waste disposal wells and underground
injection of liquid wastes.
6.
Wastewater treatment plants.
7.
Cemeteries and graveyards for humans
or domesticated animals.
10.
Private potable water wells into
known and potential sources of contamination, including, but not limited
to, those identified on Exhibit A as filed in the City Clerk's office.
11.
Ponds/lakes constructed deeper than
fifteen (15) feet, in order to prohibit excavation below the upper
cohesive solids into the underlying sand and gravel aquifer except
at properties where site specific drilling data indicates deeper excavation,
will not contact the sand and gravel aquifer to a maximum allowable
excavation depth of five (5) feet above the base of the upper cohesive
soils.
12.
Open-loop heat pump well systems
which utilize groundwater as the heat source and sink.
13.
Any use not described in Subsections
(B) or
(C).
E. Exemptions. The following substances are
not subject to the provisions of this Chapter, as long as they are
used, handled or stored in a manner that does not result in contamination
of the groundwater:
1.
Use of any regulated substance in
an amount less than the exempted quantity for that substance.
2.
Any substance to the extent it is
used for personal, family or household purposes or is present in the
same form and concentration as a product packaged for distribution
and use by the general public. However, regulated substances used
in the operation of a home business shall not be exempt from the provisions
of these requirements.
3.
Any substance to the extent it is
used in routine agricultural operations or is a fertilizer held for
sale by a retailer to the user.
4.
Any substance to the extent it is
used in a research laboratory, hospital or other medical facility
and is under the direct supervision of a technically qualified individual.
5.
Regulated substances contained in
properly operating sealed units (transformers, refrigeration units,
etc.) which are not operated as part of routine use and which are
in operable condition.
6.
Motor fuels, lubricants and coolants
which are in use within operable internal combustion engines and attached
fuel tanks.
7.
Radioactive materials regulated by
the United States Nuclear Regulatory Commission.
8.
Regulated substances in continuous
transit through a "WHP" District.
F. Design Standards. Within the "WHP" District,
the design standards of the district upon which the "WHP" District
is superimposed shall apply. In addition, the following design standards
shall be required in a "WHP" zoning district:
1.
Operation of existing underground
storage tanks is permitted, as long as doing so is within compliance
with applicable State and Federal laws.
2.
Other design measures as required
to receive a conditional use permit from the City Council, including,
but not limited to, the following:
[Ord. No.
20-146, 10-20-2020]
a.
All areas used for storage or parking
shall be paved with an approved impervious surface.
b.
Required pretreatment of stormwater
runoff as approved by the City.
[R.O. 2011 § 400.330; R.O. 2009
§ 156.066; CC 1981 § 30-39(e); Ord. No. 77-31, 7-5-1977; Ord. No. 94-84, 4-13-1994; Ord. No. 96-45, 2-21-1996; Ord. No. 98-209, 5-15-1998; Ord.
No. 02-54, 3-6-2002; Ord. No. 10-244 § 1, 11-18-2010; Ord. No. 12-85 § 1, 5-24-2012; Ord. No. 12-195 § 1, 10-18-2012]
A. Purpose. The purpose of the South Main
Preservation District is to preserve historic areas, buildings, monuments
or other historic features which contribute or will contribute to
the heritage of the City or the State. The district also provides
for the protection of historic areas, buildings, monuments or features,
and their surroundings within a reasonable distance, from obviously
incongruous development or uses of land. Banquet centers and meeting
facilities as a primary use shall not be permitted in the South Main
Preservation District as a permitted or a conditional use.
B. Permitted Uses. A building or land shall
be used only for the following purposes:
1.
Any use or accessory use permitted in the zoning district in which the premises are situated and upon which the South Main Preservation District is superimposed, including single-family dwellings, except as provided in Section
400.330(B)(2). Banquet centers and meeting facilities as a primary use shall not be permitted in the South Main Preservation District as a permitted use.
[Ord. No. 18-285, 12-18-2018]
2.
Restaurants, cafes or cafeterias.
[Ord. No.
13-231 § 1, 11-19-2013; Ord. No. 15-108 § 1, 5-19-2015; Ord.
No. 22-088, 7-12-2022]
C. Conditional Uses. The purpose of the conditional
use process is to allow the establishment of a use which has some
special impact or uniqueness such that its effect on the surrounding
environment cannot be determined in advance of the use being proposed
for a particular location. The conditional use process provides the
City with the means to review the location, design, configuration
of uses and potential impacts and compatibility with the surrounding
area. In approving the conditional use, the Planning and Zoning Commission
may recommend and the City Council may impose conditions or safeguards
as are deemed necessary to protect the surrounding properties and
public generally. The following uses may be permitted in the "SMPD"
as a conditional use, if approved by the City Council following recommendation
by the Planning and Zoning Commission:
[Ord. No. 18-285, 12-18-2018]
1.
Any conditional use in the zoning district in which the premises are situated and upon which the South Main Preservation District is superimposed, except as provided in Section
400.220(B)(2). Banquet centers and meeting facilities shall only be permitted as a conditional use secondary to the principal/primary use.
2. Any permitted/conditional use that requires a liquor license, provided
that any land use where alcoholic beverages are sold and consumed
incidental to the sale of food, provided that no alcoholic beverages
may be sold to patrons standing or sitting at a bar, whether or not
such sale is incidental to the sale of food, and the only exception
to this latter proviso is that alcoholic beverages may be sold at
an exposed bar in a microbrewery. Any microbrewery allowed within
this district shall have a restaurant.
[Ord. No. 22-088, 7-12-2022]
a. Conditional Use Regulations. Due to the potential negative secondary
effects of the location and operations of establishments that predominantly
sell intoxicating beverages, the City Council may place additional
regulations on these uses to reduce or eliminate these effects, including,
but not limited to, hours of operation, separation and location restrictions,
other nuisances, and the manner of operation.
b. Limits On Conditional Liquor Uses. No more than four (4) conditional
uses may be approved within the SMPD for non-restaurant liquor uses.
3.
The performance of live music in
restaurants, cafes or cafeterias. For purposes of this Section, the
performance of live music shall be limited to the playing of musical
instruments or vocals, both of which shall not be amplified by any
means, electronic or otherwise. Sunday through Thursday the performance
of live music shall stop at or before 8:00 P.M. when performed on
the exterior of the premises, and shall stop at or before 9:00 P.M.
when performed inside a restaurant, cafe or cafeteria. Friday and
Saturday the performance of live music shall stop at or before 10:00
P.M., whether performed on the exterior of the premises or inside
a restaurant, cafe or cafeteria. The times of performance of live
music may be limited as a condition to a conditional use permit.
[Ord. No. 22-088, 7-12-2022]
D. Special Building And Occupancy Permit.
1.
No person shall be permitted to build,
erect, construct, alter, destroy or remove buildings or structures,
or in any way change the outward appearance of any building or structure
in the South Main Preservation District without having obtained a
certificate of appropriateness from the Historic Landmarks Preservation
and Architectural Review Board.
2.
Evidence of such required approval
shall be a certificate of appropriateness issued by the Historic Landmarks
Preservation and Architectural Review Board. Such certificate shall
be a statement signed by the Chairperson of the Board, stating that
the exterior architectural features of the proposed construction,
reconstruction, alteration, removal or restoration for which application
for approval by the Board has been made as approved by the Board.
3.
No building permit or certificate
of occupancy shall be issued for any building or structure within
the South Main Preservation District, unless such applicant shall
furnish with his application for such permit a copy of certificate
of appropriateness.
E. Signs. Signs and billboards shall be permitted as required in Section
400.1830. All signs shall be reviewed and approved by the Historic Landmarks Preservation and Architectural Review Board in accordance with the standards and purposes of the South Main Preservation District.
F. Lighting. All outdoor, temporary, decorative
lighting must obtain a certificate of appropriateness from the Historic
Landmarks Preservation and Architectural Review Board prior to installation,
except from November 15 through January 15, at which time only white
non-twinkling, non-chasing miniature lights will be allowed.
[R.O. 2011 § 400.340; R.O. 2009
§ 156.067; CC 1981 § 30-39(g); Ord. No. 77-31, 7-5-1977; Ord. No. 93-291, 12-22-1993; Ord. No. 96-4, 1-16-1996; Ord. No. 97-52, 1-31-1997; Ord.
No. 98-209, 5-15-1998; Ord. No. 01-176, 8-3-2001; Ord. No. 10-244 § 1, 11-18-2010]
A. Purposes. The purposes of the "EHP" Extended
Historic Preservation District are to preserve historic buildings
which contribute or will contribute to the heritage of the City or
the State and to preserve existing neighborhood architecture by protecting
the buildings and their surroundings from obviously incongruous development
or uses of land.
B. Certificate Of Demolition Or Removal. No person shall be permitted to remove or demolish any building in the Extended Historic Preservation District without the issuance of a certificate of demolition or removal by the Historic Landmarks Preservation and Architectural Review Board (HLPARB). The HLPARB shall base its decision upon the review criteria set forth in Section
400.1280; further, the HLPARB shall process all requests for certificates of demolition and removal in accordance with the procedures set forth in the aforesaid Sections of the Code. This provision shall not apply to accessory buildings which have less than five hundred (500) square feet nor to properties less than fifty (50) years old, unless the Director of Community Development determines that the building may have historical significance and refers the question to the HLPARB.
C. Architectural Review For Properties Constructed During Or Prior To 1945. No person shall alter the exterior appearance of any building without first obtaining a Certificate of Appropriateness from the Historic Landmarks Preservation and Architectural Review Board (HLPARB). In reviewing applications for a Certificate of Appropriateness, guidelines established in Section
400.1270 shall be used.
D. Architectural Review For Properties Constructed After 1945. Every application for a building permit for construction of, additions to, and exterior alterations of, any building in the district shall be submitted to the HLPARB for review and approval. In reviewing applications for a Certificate of Appropriateness, guidelines established in Section
400.1270 shall be used.
[R.O. 2011 § 400.350; R.O. 2009
§ 156.068; CC 1981 § 30-39(h); Ord. No. 77-31, 7-5-1977; Ord. No. 80-47, 4-9-1980; Ord. No. 82-29, 4-21-1982; Ord. No. 83-2, 1-5-1983; Ord.
No. 83-17, 3-2-1983; Ord. No. 87-35, 2-13-1987; Ord. No. 91-3, 1-16-1991; Ord. No. 92-321, 12-23-1992; Ord. No. 93-291, 12-22-1993; Ord. No. 98-209, 5-15-1998; Ord. No. 02-54, 3-6-2002; Ord. No. 10-244 § 1, 11-18-2010]
A. Purpose. The purpose of the "HDD" Historic
Downtown District is to protect the district from alterations, additions
or demolitions which would be detrimental to property values and its
character as a pedestrian-oriented, historic commercial area.
B. Permitted Uses. Any use or accessory use
permitted in the zoning district in which the premises are situated
and upon which the Historic Downtown District is superimposed, including
single-family dwellings and excluding auditorium and meeting facility.
[Ord. No. 18-285, 12-18-2018; Ord. No. 21-016, 1-19-2021]
C. Conditional Uses. Any conditional use in
the zoning district in which the premises are situated and upon which
the Historic Downtown District is superimposed, including single-family
dwellings and the following:
[Ord. No. 18-285, 12-18-2018; Ord. No. 21-016, 1-19-2021]
1. Any permitted/conditional use requiring a liquor license:
[Ord. No. 22-088, 7-12-2022]
a. Due to the potential negative secondary effects of the location and
operations of establishments that predominantly sell intoxicating
beverages, the City Council may place additional regulations on these
uses to reduce or eliminate these effects, including, but not limited
to, hours of operation, separation and location restrictions, other
nuisances, and the manner of operation.
b. Bars shall close no later than 11:00 P.M.
D. Building, Sign And Occupancy Permits.
[Ord. No. 22-088, 7-12-2022]
1.
No person shall be permitted to build,
erect, construct, alter, destroy or remove buildings or structures,
including signs, or in any way change the outward appearance of any
building or structure in the Historic Downtown District overlay without
having obtained a Certificate of Appropriateness from the Historic
Landmarks Preservation and Architectural Review Board (HLPARB). The
painting of buildings does not require a Certificate of Appropriateness
when colors listed on the approved color chart are utilized.
2.
No building permit, sign permit or
certificate of occupancy shall be issued for any building or structure
within the Historic Downtown District unless the applicant shall furnish
wtr54 nb0ith an application for such permit a copy of any necessary
Certificate of Appropriateness.
E. Performance Standards.
[Ord. No. 22-088, 7-12-2022]
1.
Lighting. All outdoor, temporary, and decorative lighting must
obtain a Certificate of Appropriateness from the Historic Landmarks
Preservation and Architectural Review Board prior to installation,
except from November 15 through January 15, at which time only white
non-twinkling, non-chasing miniature lights will be allowed.
2.
Outdoor Music.
[Ord. No. 22-144, 10-18-2022]
a.
A permit shall be required for outdoor music.
b.
"Outdoor" for the purposes of this Section shall mean not contained
wholly within four (4) walls and an enclosed roof and is not considered
a conditioned or insulated space as regulated by the City's adopted
Building Code. For purposes of this Section, "outdoor" includes any
temporary tents or similar structures. Incidental opening of doors
and windows for ingress/egress purposes shall not affect this status.
c.
Four (4) or fewer occurrences of outdoor music per property
within a calendar year will be allowed via an administrative permit.
Each administrative permit shall be issued per occurrence. More than
four (4) occurrences per property within a calendar year shall require
approval as a conditional use as regulated per the Zoning Ordinance.
For the purposes of this Section, "occurrence" shall mean music during
a calendar day.
d.
All permitted outdoor music shall cease no later than 11:00
P.M.
e.
Due to the potential negative secondary effects of the location
and operations of establishments that are permitted for outdoor music,
the City Council may place additional regulations on conditional uses
to reduce or eliminate these effects, including, but not limited to,
hours of operation, separation and location restrictions, other nuisances,
and the manner of operation more restrictive than listed within this
Section.
f.
Administration And Enforcement.
(1) Enforcement of this Section shall be under the
authority of the Community Development Director, the Chief of Police
or their designees as appropriate.
(2) Violations of any of the above requirements, or
any other laws of the City of St. Charles, including, but not limited
to, Title II, Public Health, Safety and Welfare, Title IV, Land Use,
Title V, Building and Construction, and Title VI, Business and Occupation,
of the City of St. Charles Municipal Code, may render any and all
approvals for outdoor music, including conditional uses, null and
void.
(3) Any business which has had an outdoor music permit
revoked shall be both prohibited from reapplying for an outdoor music
permit for one (1) calendar year as measured from the date of revocation,
and any outdoor music permits that were previously approved shall
automatically become null and void.
[R.O. 2011 § 400.360; R.O. 2009
§ 156.069; Ord. No. 97-50, 1-31-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 01-262, 11-13-2001; Ord. No. 03-216, 9-3-2003; Ord. No. 03-279, 10-23-2003; Ord. No. 10-244 § 1, 11-18-2010]
A. Purpose. The purposes of the "FPD" Frenchtown
Preservation District are to preserve buildings, structures and sites
valued for cultural and historic reasons; preserve properties which
provide a strong sense of place and community; maintain an aesthetically
pleasing area by limiting incongruous alterations; and retain unique
community assets for economic expansion.
B. Determination Of Historically Contributing
Properties. Using the following criteria, the Department of Community
Development staff shall determine which properties within the "FPD"
are either contributing or non-contributing. The Department of Community
Development shall maintain a map for public review which clearly indicates
which properties are contributing and non-contributing.
1.
Contributing Properties. A building,
structure or permanently fixed object which meets either of the following
criteria:
a.
Is eligible for listing on the National
Register of Historic Places, either individually or as part of a collection;
or
b.
Was present during the period of
significance (1830 – 1940), relates to the documented significance
of the district and either possesses historic integrity or is capable
of yielding important information about the period.
2.
Non-Contributing Properties. Properties
other than contributing properties and vacant land.
3.
Vacant Land. For purposes of new
construction, vacant land shall be subject to the architectural review
process of contributing properties.
C. Architectural Review For Contributing Properties.
1.
No person shall alter the exterior
appearance of any building without first obtaining a certificate of
appropriateness from the Historic Landmarks Preservation and Architectural
Review Board (HLPARB). In reviewing applications for a certificate
of appropriateness, design guidelines adopted for the district by
City Council shall be used.
2.
Every application for a building
permit for construction of, additions to and exterior alterations
of any contributing building or structure and for every new structure
shall be submitted to the HLPARB for issuance of a certificate of
appropriateness. The painting of buildings does not require a Certificate
of Appropriateness when colors listed on the approved color chart
are utilized.
D. Architectural Review For Non-Contributing Properties. For non-contributing properties as provided by Section
400.340(C), Construction Permits within the Extended Historic Preservation District, every application for a building permit for construction of, additions to and exterior alterations of any building in the district shall be submitted to the HLPARB for review and approval.
E. Outdoor Display Of Merchandise. Merchandise
may be displayed outside an allowed, licensed business within a commercial
zoning district, provided the following conditions are met:
1.
There shall be a continuous, unobstructed
four-foot wide path from the back of the curb or street if no curb
exists; and
2.
The display of merchandise shall
not extend beyond the width of the storefront; and
3.
Any business that is located on a
corner, merchandise may only be displayed in the area along the main
entrance; and
4.
The following items shall be prohibited
from outdoor display:
a.
Household appliances, including,
but not limited to, items such as:
b.
Household fixtures, including, but
not limited to, items such as:
d.
Lawn equipment, including, but not
limited to, items such as:
e.
Pre-packaged items, including, but
not limited to, items such as:
f.
Construction equipment, including,
but not limited to, items such as:
(3) Earth-moving equipment,
etc.
5.
Merchandise for sale shall not be
attached to or hanging from the structure; and
6.
Merchandise may only be displayed
during the business hours of operation.
F. A certificate of appropriateness is required
for any paint color change on any building or sign that fronts on
Second Street within the Frenchtown Preservation District. The HLPARB
will consider the selection of colors and how color is applied in
color schemes. In general, the HLPARB seeks the use of colors that
replicate those used historically. Colors shall be equivalent to or
like the colors from one (1) of the following:
1.
Sherwin Williams Arts and Crafts;
2.
Sherwin Williams Victorian;
3.
Benjamin Moore Historical Color Collection;
and
4.
Benjamin Moore Exterior Palettes.
For this purpose, the HLPARB maintains
a chart of approved colors.
|
[R.O. 2011 § 400.370; R.O. 2009
§ 156.070; Ord. No. 97-348, 10-14-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 98-449, 10-22-1998; Ord. No. 01-175, 8-3-2001; Ord. No. 10-244 § 1, 11-18-2010]
A. Purpose. The purposes of the "CPD" Commons
Preservation District are to preserve buildings, structures and sites
valued for cultural and historic reasons; preserve properties which
provide a strong sense of place and community; maintain an aesthetically
pleasing area by limiting incongruous alterations; and retain unique
community assets for economic expansion.
B. Determination Of Historically Contributing
Properties. Using the following criteria, the Department of Community
Development staff shall determine which properties within the "FPD"
are either contributing or non-contributing. The Department of Community
Development shall maintain a map for public review which clearly indicates
which properties are contributing and non-contributing.
1.
Contributing Properties. A building,
structure or permanently fixed object which meets either of the following
criteria:
a.
Is eligible for listing on the National
Register of Historic Places, either individually or as part of a collection;
or
b.
Was present during the period of
significance (1860 – 1920), relates to the documented significance
of the district and either possesses historic integrity or is capable
of yielding important information about the period.
2.
Non-Contributing Properties. Properties
other than contributing properties and vacant land.
3.
Vacant Land. For purposes of new
construction, vacant land shall be subject to the architectural review
process for contributing properties.
C. Architectural Review For Contributing Properties.
1.
No person shall alter the exterior
appearance of any building without first obtaining a certificate of
appropriateness from the Historic Landmarks Preservation and Architectural
Review Board (HLPARB). The painting of buildings does not require
a Certificate of Appropriateness when colors listed on the approved
color chart are utilized. In reviewing applications for a certificate
of appropriateness, design guidelines adopted for the district by
the HLPARB and City Council shall be used.
2.
Every application for a building
permit for construction of, additions to and exterior alterations
of any contributing building or structure and for every new structure
shall be submitted to the HLPARB for issuance of a certificate of
appropriateness.
D. Architectural Review For Non-Contributing Properties. For non-contributing properties as provided by Section
400.340(C), Construction Permits within the "EHP" Extended Historic Preservation District, every application for a building permit for construction of, additions to and exterior alterations of any building in the district shall be submitted to the Historic Landmarks Preservation and Architectural Review Board (HLPARB) for review and approval.
E. Design Guidelines. "Design Guidelines for
the St. Charles Commons Neighborhood" prepared by the St. Charles
Commons Neighborhood Association and dated October 30, 1996, hereby
adopted by reference and incorporated as if fully set out herein,
are adopted as the design guidelines for the Commons Preservation
("CP") District.
[R.O. 2011 § 400.380; R.O. 2009
§ 156.071; Ord. No. 99-261, 7-23-1999; Ord. No. 10-244 § 1, 11-18-2010]
A. Purpose. The purpose of the "LMPD" Landmark
Preservation District is to promote the educational, cultural, economic
and general welfare of the community by:
1.
Preserving the distinctive historic,
archaeological and architectural characteristics of St. Charles which
represent elements of the City's cultural, social, economic, political
and architectural history;
2.
Fostering civic pride in the beauty
and accomplishments of the past as represented in St. Charles landmarks;
3.
Conserving and improving the value
of property designated as landmarks; and
4.
Protecting and enhancing the attractiveness
of the City to home buyers, tourists, visitors and shoppers and thereby
supporting and promoting business and providing economic benefit to
the City.
B. Permitted Uses. Any use or accessory use
permitted in the zoning district in which the premises are situated
and upon which the Landmark Preservation District is superimposed.
[Ord. No. 18-285, 12-18-2018]
C. Conditional Uses. Any conditional use in
the zoning district in which the premises are situated and upon which
the Landmark Preservation District is superimposed.
[Ord. No. 18-285, 12-18-2018]
D. Building, Sign And Occupancy Permits.
1.
No person shall build, erect, construct or alter buildings or structures on the designated property, other than routine maintenance or repairs, without first having obtained a certificate of appropriateness from the Historic Landmarks Preservation and Architectural Review Board. In reviewing applications for certificates of appropriateness, design guidelines approved by the City Council for the property shall be used. Furthermore, no person shall demolish or remove structures, in whole or in part, without first having obtained a certificate of demolition or removal from the Historic Landmarks Preservation and Architectural Review Board. In reviewing applications for a certificate of demolition or removal, criteria provided in Section
400.1280 shall be used. The painting of buildings does not require a Certificate of Appropriateness when colors listed on the approved color chart are utilized.
2.
No building permit, sign permit,
certificate of occupancy or demolition permit shall be issued for
any building or structure within a Landmark Preservation District
unless the applicant shall furnish with an application for such permit
a copy of any necessary certificate of appropriateness or certificate
of demolition or removal.
[R.O. 2011 § 400.390; Ord. No. 12-86 § 1, 5-24-2012]
A. Purpose. The purpose of the "FSC/HD" Fifth
Street Corridor/Hospital District is to promote and facilitate redevelopment,
reinvestment and rejuvenation in the Fifth Street Corridor and in
the neighborhood surrounding the SSM St. Joseph Medical Center and
to achieve the goals and objectives of the master plan for these areas,
Sustainable Gateways to the Heart of St. Charles.
B. District Boundary. The boundary of the
"FSC/HD" Fifth Street Corridor/Hospital District shall be defined
as follows:
Beginning at the centerline of Boone's
Lick Road and the extension of the Eastern property line of the parcel
currently known as 1050 S Fifth Street; thence Northwesterly along
the Eastern property line of parcel currently known as 1050 S Fifth
Street to the Eastern property line of parcel currently known as 1020
S Fifth Street; thence meandering Easterly and Northerly along the
Eastern property line of 1020 S Fifth Street to the Eastern property
line of parcel currently known as 1016 S Fifth Street; thence Northeasterly
along the Eastern property line of parcel currently known as 1016
S Fifth Street to the extension of the centerline of the alleyway
between S Fifth Street and S Fourth Street; thence Northeasterly along
the centerline of the alleyway between S Fifth Street and S Fourth
Street and its extension to centerline of McDonough Street; thence
Northeasterly from the centerline of McDonough Street and the extension
of the Eastern property line of 418 McDonough Street to the South
Eastern property corner of 418 McDonough Street; thence continuing
from the property corner and along the property line of parcel currently
known as 418 McDonough Street to the Northern property line of 418
McDonough Street; thence Northwesterly along the Northern property
line of parcel currently known as 418 McDonough Street to the extension
of the Western boundary of the alleyway between South Fifth Street
and South Fourth Street; thence Northwesterly along the alleyway and
its extension between South Fifth Street and South Fourth Street to
the Southern property line of the parcel currently known as 500 South
Fifth Street; thence Easterly along the Southern, Eastern and Northern
property line of 500 South Fifth Street to the extension of the Eastern
property line of the parcel currently known as 424 Tompkins; thence
Northerly and Westerly along the Eastern and Northern property line
of the property currently known as 424 Tompkins to the extension of
the Eastern property line of the parcel currently known as 423 Jackson
Street; thence Northerly along the Eastern boundary line and its extensions
to the Southern property line of parcel currently known as 423 First
Capitol Drive; thence Easterly and Northerly along the Southern and
Eastern property line of parcel currently known as 423 First Capitol
Drive to the Southwestern property corner of parcel known as 405 First
Capitol Drive; thence Easterly and Northerly along the Southern and
Eastern property line of the parcel known as 423 First Capitol Drive
to the extension of the Southern property line of the parcel currently
known as 6-009D-B087-00-7; thence easterly along the extension and
the Southern property line to the Southern parcel line of property
currently known as 315 First Capitol Drive; thence Easterly along
the property line of parcel currently known as 315 First Capitol Drive
to its intersection of the Western property line of the parcel currently
known as 301 First Capitol Drive; thence Southerly and Easterly along
the Western and Southern parcel line and its extension to the Western
boundary line of parcel currently known as 324 S Third Street; thence
Southerly, Easterly and Northerly along the Western, Southern and
Eastern property lines of parcel currently known as 324 S Third Street
to the extension of the southern parcel line of property currently
known as 300 South Second Street; thence Easterly along the Southern
property line of parcel currently known as 300 S Second Street to
the Western boundary line of the alleyway between South Second Street
and South Main Street; thence Northerly along the Western boundary
line of the alleyway between South Second Street and South Main Street
to the Northeastern property corner of parcel currently known as 128
South Second Street; thence Westerly to the Eastern property line
of parcel currently known as 131 Jefferson Street; thence Northerly
along the Eastern property line of parcel currently known as 131 Jefferson
Street to the Southern right-of-way line of Jefferson Street; thence
Westerly along the Southern right-of-way line of Jefferson Street
to the extension of the Eastern property line of 302 Jefferson Street;
thence Northeasterly along the Eastern extension and the Eastern property
line of the parcel currently known as 302 Jefferson Street to the
Southern alleyway line between Jefferson Street and Washington Street;
thence Northwesterly along the Southern alleyway line between Jefferson
Street and Washington Street and extending to the Eastern property
line of 404 Jefferson Street; thence Northeasterly along the Eastern
property line of 404 Jefferson Street to the Southern alleyway boundary
line between Jefferson Street and Washington Street; thence Westerly
along the Southern alleyway boundary line between Jefferson Street
and Washington Street to the Northwestern corner of the parcel currently
known as 424 Jefferson Street; thence Southerly along the Western
property line of parcel currently known as 424 Jefferson Street and
its extension to the Northwestern property corner of the parcel currently
known as 112 South Fifth Street; thence from the Northwestern property
corner of parcel currently know as 112 South Fifth Street extending
across South Fifth Street to the Northern property line of the parcel
currently known as 505 Jefferson Street; thence Westerly along the
Northern property line of 505 Jefferson Street to the Eastern property
corner of parcel currently known as 515 Jefferson Street; thence Westerly
and Southerly along the Northern and Western property line of parcel
currently known as 515 Jefferson Street and extending across the alley
between Jefferson Street and Madison Street to the Northern property
line of parcel currently known as 512 Madison Street; thence Westerly
along to the Northern property line of parcel currently known as 512
Madison Street to the Northeastern property corner of parcel currently
known as 520 Madison Street; thence Westerly and Southerly along the
Northern and Eastern property lines of 520 Madison Street and its
extension to the Northern property line of parcel currently known
as 524 First Capitol Drive; thence Westerly along the Northern property
line of 524 First Capitol Drive to the Northeastern property corner
of parcel currently known as 546 First Capitol Drive; thence meandering
Westerly and Southerly along the Northern and Western property line
of parcel currently known as 546 First Capitol Drive to the Northeastern
property corner of parcel currently known as 566 First Capitol Drive;
thence Westerly and Southerly along the Northern and Western property
line of parcel currently known as 566 First Capitol Drive and its
extension across First Capitol Drive to the Northwestern property
corner of parcel currently known as 571 First Capitol Drive; thence
Southerly along the Western property line of parcel currently known
as 571 First Capitol Drive to the Northwestern property corner of
parcel currently known as 6-009D-B188-00-4; thence Southerly and Easterly
along the Western and Southern property line of parcel currently known
as 6-009D-B 188-00-4 to the Western property line of parcel currently
known as 559 First Capitol Drive; thence Southerly and Easterly along
the Western and Southern property line of parcel currently known as
559 First Capitol Drive to the Southwestern corner of property currently
known as 555 First Capitol Drive; thence Easterly along the Southern
property line of parcels currently known as 555, 547, and 545 First
Capitol Drive and extending across South Benton Avenue to the Southern
property line of parcel currently known as 529 First Capitol Drive;
thence Easterly along the Southern property line of parcels currently
know as 529, 527 and 519 First Capitol Drive to the Northeastern property
corner of 519 First Capitol Drive; thence extending across alleyway
between First Capitol Drive and Jackson Street to the Northern property
line of parcel currently known as 531 Jackson Street; thence meandering
Westerly, Southerly and Easterly along the Northern, Southern and
Eastern property lines of parcel currently known as 531 Jackson Street
and extending across Tompkins Street to the Eastern alleyway right-of-way
line of alley between South Fifth Street and South Benton Avenue;
thence Southerly along the Eastern alleyway right-of-way line between
South Fifth Street and South Benton Avenue and extending across McDonough
Street to the Northeastern property line of the parcel currently known
as 922 South Benton Avenue; thence Southerly along the Eastern property
line of parcel currently known as 922 South Benton Avenue to the Northeastern
property corner of parcel currently known as 924 South Benton Avenue;
thence Southerly and Westerly along the Eastern and Southern property
line of parcel currently known as 924 South Benton Avenue to its Southwestern
property corner also known as the Eastern right-of-way line of South
Benton Avenue; thence Southerly along the Eastern right-of-way line
of South Benton Avenue to the Northwestern property corner of parcel
currently known as 1100 South Benton Avenue; thence Easterly and Southerly
along the Northern and Eastern property line of parcel currently known
as 1100 South Benton Avenue to the Southeastern property corner of
1100 South Benton Avenue; thence in a Southerly direction along the
Eastern property lines of properties currently known as 1104, 1108,
1112, 1120, 1144, 1148 South Benton Avenue to the Northeastern property
corner of the parcel currently known as 6-014A-4309-00-25; thence
meandering Westerly and Southerly along the Eastern and Southern property
lines of parcel currently known as 6-014A-4309-00-25 to the Eastern
right-of-way line of South Benton Street; thence Southerly along the
Eastern right-of-way line of South Benton Street and its extension
to the centerline of Boone's Lick Road; thence Easterly along the
centerline of Boone's Lick Road and back to the point of beginning.
C. District Regulations. The regulations governing
development and land use within the "FSC/HD" Fifth Street Corridor/Hospital
District shall be the St. Charles Gateways Smartcode dated December
16, 2021, which is on file in the City offices as Exhibit A and is
incorporated herein by reference.
[Ord. No.
21-206, 12-21-2021]
D. Amendments. As the governing code for the "FSC/HD" Fifth Street Corridor/Hospital District, the St. Charles Gateways Smartcode shall be subject to the amendment and modification procedures defined in Article
XII: Amendments and Modifications, Sections
400.1010 through
400.1050, inclusive.