[R.O. 2006 §405.120; Ord. No. 503A, 7-17-2000]
[R.O. 2006 §405.125; Ord. No. 503A, 7-17-2000; Ord. No. 959, 8-16-2004]
The district regulations hereinafter set forth in this Section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Chapter.
Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet if the building is set back from each yard line at least one (1) foot for each two (2) feet of additional building height above the height limit otherwise provided in the district in which the building is located.
Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers, spires, grain elevators, or necessary mechanical appurtenances are exempt from the height regulations as contained herein.
Telecommunication and communication towers shall not exceed a height of one hundred fifty (150) feet.
Every part of a required yard shall be open to the sky, unobstructed by any structure, except for the projection of signs, belt courses, cornices and ornaments and features which are not to exceed twelve (12) inches.
No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed.
Open-lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the City Engineer for a distance of not more than three and one-half (3½) feet and where the same are so placed as not to obstruct light and ventilation.
An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten (10) feet. An unenclosed vestibule containing not more than forty (40) square feet may project into a front yard for a distance not to exceed four (4) feet.
Terraces, uncovered porches, platforms and ornamental features which do not extend more than three (3) feet above the floor level of the ground story may project into a required yard, provided these projections be distant at least two (2) feet from the adjacent side lot line.
For the purpose of the side yard regulations, a two-family dwelling, or multiple-family dwelling shall be considered as one (1) building occupying one (1) lot.
Where a lot or tract is used for a farming, commercial or industrial purpose, more than one (1) main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.
In the event that a lot is to be occupied by a group of two (2) or more related buildings to be used for multiple dwelling, institutional, motel or hotel purposes, there may be more than one (1) main building on the lot; provided however, that the open spaces between the buildings that are parallel or within forty-five degrees (45°) of being parallel shall have a minimum dimension of twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings, and forty (40) feet for three- or four-story buildings.
Where an open space is more than fifty percent (50%) surrounded by a building, the minimum width of the open space shall be at least twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings, and forty (40) feet for three- or four-story buildings.
No side yards are required where dwelling units are erected above commercial and industrial structures.
Where lots have double frontage, the required front yard shall be provided on both streets.
The required side yard on the street side of a corner lot shall be the same as the required front yard on such street, except that the building width shall not be reduced to less than thirty-two (32) feet and no accessory buildings shall project beyond the required front yard on either street.
Whenever a lot at the effective date of this Chapter has a width of less than sixty (60) feet, the side yards may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than five (5) feet.
The front yards heretofore established shall be adjusted in the following cases:
Where forty percent (40%) or more of the frontage on the same side of a street between two (2) intersecting streets is developed with two (2) or more buildings that have (with a variation of five (5) feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing building nearest to the street line.
Where forty percent (40%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with two (2) or more buildings that have a front yard of less depth than herein required, then:
Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent building on each side, or
Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one (1) side only, such building may be erected as close to the street as the existing adjacent building.
[R.O. 2006 §405.130; Ord. No. 503A, 7-17-2000; Ord. No. 1212 § 2, 4-20-2015]
Uses Subordinate. All accessory buildings, accessory structures, portable structures and accessory uses shall be subordinate and incidental to a principal building or principal use.
Portable Buildings/Structures and Regulations. One portable building/structure may be placed on a lot, provided that it comply with the provisions set forth at Section 405.195. A portable structure may be secured to the ground using only a stake kit to prevent wind uplift. Portable structures may not be utilized for dwelling purposes. Portable structures may not be placed on any easement, including but not limited to utility easements, ingress and egress easements, and public or private rights-of-way (ROW).
Accessory Buildings Accessory Structures and Accessory Uses. All accessory buildings and accessory structures shall be allowed, provided they comply with the provisions set forth in this Section:
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes.
Any attached building or structure shall be considered a part of the principal or main building and shall conform to all regulations applicable to the principal building on the lot. The exterior material and color of accessory buildings and structures shall be consistent and shall blend in with or coordinate with the color(s) of the principal building(s).
All accessory buildings and accessory structures, except residential or commercial garages, must be located in the rear yard of a lot and shall conform to all provisions of this Chapter.
Any accessory building or accessory structure shall not occupy more than thirty percent (30%) of a required rear yard and shall not be nearer than six (6) feet to any side or rear lot line, except that when a garage is entered from an alley, it shall not be located closer than ten (10) feet to the alley line. If a garage is located closer than ten (10) feet to the main building, the garage shall be regarded as part of the main building for the purposes of determining side and rear yards.
An accessory building or structure in a residential district shall not exceed one-half (1/2) the ground floor area of the principal building.
The height, or above grade elevation, of an accessory building or structure shall not exceed (15) feet in height as measured from the adjacent finished grade.
On a corner lot, all accessory buildings (except garages) and structures must be located in the rear yard of a lot on the interior side.
Any accessory building or accessory structure shall not be placed on any easement, including but not limited to utility easements, ingress and egress easements, and public or private rights-of-way (ROW).
Permitting. A permit shall not be required for portable buildings which comply with Section 405.195, or for any work which is listed exempt for permit pursuant to the presently adopted International Residential Code utilized by the City. Any other accessory building or accessory structure shall require a permit for placement, and a fee of fifty dollars ($50.00) for a miscellaneous permit fee shall be charged.
The provisions of Section 405.195 and subsections A-D shall not apply to fireworks stands as defined by Section 210.2340, so long as the fireworks stand complies with all requirements of Section 210.2340, except that no fireworks stand shall be placed on any easement, including but not limited to utility easements, ingress and egress easements and public or private rights-of-way (ROW).
[Ord. No. 1235 § 8, 11-21-2016]
[R.O. 2006 §405.135; Ord. No. 503A, 7-17-2000]
Purpose And Intent. It is the intent of this Chapter to recognize and permit home occupations as limited non-residential business activities in the "R" Residence Districts and to regulate such activities. In this regard, home occupations shall be regulated in order to ensure compatibility with other uses permitted in the "R" Residence Districts and to protect residential neighborhoods from potential adverse impacts (e.g. excessive noise, traffic, nuisances, etc.) associated with home occupations.
Permitted Uses. Examples of permitted home occupations include, but are not necessarily limited to, the following: tutoring, artist, mailings, telephone answering service, Internet-related occupations. Uses specifically prohibited include, but are not necessarily limited to, the following: auto and truck repair; auto sales; vehicle painting; storage of construction materials or equipment; retail and wholesale sales; eating or drinking establishments.
Standards. Home occupations shall be permitted as an accessory use to a residential use in any "R" Residential District subject to the following requirements:
A home occupation permit is required by the City. The applicant(s) shall complete and submit an application, as provided by the City, for a home occupation permit with the City Clerk. The City Clerk shall review the application and submit the application along with a report on the permit application to the Planning and Zoning Commission for their consideration. The Planning and Zoning Commission shall file their report and recommendation with the Board of Aldermen who shall make the final determination on the application.
A home occupation permit shall be issued only to the individual occupying the dwelling as his/her residence and conducted only by persons residing within the residence. Home occupation permits shall not be transferable and shall terminate upon the sale or transfer of the property to a new owner.
A home occupation shall be conducted either within a dwelling (residence) and/or in the garage associated with the dwelling and shall be clearly incidental and subordinate to the principal use as a residential dwelling.
Home occupations shall not occupy more than twenty percent (20%) of the total floor area of the dwelling.
An applicant for a home occupation permit shall send a certified letter to all property owners within one hundred (100) feet of the property for which a home occupation permit is being sought informing them of the intent to conduct a home occupation.
Home occupations shall comply with all local, County, State or Federal regulations pertaining to the activity pursued.
No alteration of the exterior of the dwelling in which the home occupation is being conducted shall be made which changes the character thereof as a dwelling.
There shall be no visible evidence of the home occupation except for the provision of one (1) home occupation sign which is in conformance with the sign regulations of the City of Troy. No other advertising or business signs are permitted in conjunction with the home occupation.
No outdoor storage, display or sale of materials, commodities, stock in trade or equipment used in the home occupation shall be permitted.
No retail or wholesale sales of items are allowed on the premises.
No equipment or process shall be used in a home occupation which creates excessive noise, odor, vibration, or glare, or electrical disturbances detrimental to the health, safety, peace, comfort and welfare of the persons residing in the neighborhood.
The home occupation shall not require additional off-street parking spaces for clients or customers.
Traffic generation associated with home occupations shall not exceed that normally generated by a residential dwelling without a home occupation.
[R.O. 2006 §405.140; Ord. No. 503A, 7-17-2000]
Purpose. The purpose of this Section is to provide for the appropriate location and development of wireless communications facilities and related equipment to serve the citizens and businesses of the City of Troy; ensure that any new tower provides multiple antenna mounting opportunities; ensure the maximization and encouragement of the use of camouflaged antenna support structures to avoid adverse visual effects; and to ensure that towers and other wireless communications facilities are compatible with the surrounding land uses. The requirements set forth shall be applicable to all towers, antenna support structures and communications facilities installed, built or modified after the effective date of this Chapter.
Options available for location of telecommunication towers include the following:
As a permitted use located on City-owned property, with an acceptable lease;
As a conditional use as an attachment to existing towers/structures (e.g. water tower), provided they are adequately disguised (stealthed); and
As a conditional use for new towers in industrial districts only. The third (3rd) option shall only be used if options one (1) or two (2) are not available. Development under all options shall require site plan review.
All new communication/telecommunication service towers shall require a conditional use permit and shall be allowed as a conditional use permit only in the "I-1" and "I-2" Industrial Districts. No freestanding towers of any kind are allowed in the "R-1", "R-2" and "R-3" Residential Districts.
Applicants for a telecommunication facility must submit a site plan to the Planning and Zoning Commission for review and approval.
Telecommunication devices and stealth communication facilities which are added to existing structures would be a permissive use and would not require a conditional use permit. The additional telecommunication device may extend twenty-five (25) feet above the height of the existing facility.
Telecommunication towers shall not be more than one hundred fifty (150) feet in height.
No two (2) towers, except towers owned or operated by the City of Troy, shall be located within a one (1) mile radius of each other.
All new telecommunication facilities greater than one hundred (100) feet shall be so constructed as to accommodate the co-use of at least three (3) providers.
All new telecommunication towers shall be of monopole design and shall have concealed antennae only.
The current applicant for the telecommunication facility shall be required to notify the Planning and Zoning Commission in their application of the contracted-for-co-users of the facility.
The design of the tower compound shall maximize the use of building materials, colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and neighborhood.
Landscaping and/or a minimum eight (8) foot height sightproof fence shall be required around the base of the communication tower and around ancillary structures to effectively screen such facilities from adjacent development and roadways.
Security fencing shall be provided to sufficiently enclose the base of the communication tower and ancillary structures to prevent public access.
Antennas and antenna support structures shall be camouflaged (or concealed as an architectural or natural feature) or painted with a color compatible with the associated structure.
All obsolete and abandoned telecommunication facilities shall be removed at the owner's expense within nine (9) months of cessation of use.
No advertising shall be permitted on any tower or antenna support structure.
[R.O. 2006 §405.145; Ord. No. 503A, 7-17-2000]
The following provisions are applicable to satellite dishes in the City of Troy:
Satellite dishes one (1) meter or less in diameter are a permitted accessory use in the residential districts and two (2) meters or less in diameter a permitted accessory use in the commercial and industrial districts.
Satellite dishes greater than one (1) meter in diameter in residential districts and greater than two (2) meters in commercial and industrial districts require a conditional use permit.
One (1) satellite dish is permitted per lot or parcel; any additional satellite dishes on that lot or parcel requires a conditional use permit.
Ground-mounted satellite dishes shall be located in the rear yard inside the building lines of the parcel or lot on which it is to be installed.
[R.O. 2006 §405.150; Ord. No. 503A, 7-17-2000; Ord. No. 1251, 4-16-2018]
Dogs and cats shall be allowed to be kept in any zoning district, however there shall be a maximum of two (2) dogs and two (2) cats per premises. The term "dog" shall mean the genus of domestic dogs known as canis lupus familiaris. The term "cat" shall mean the genus, of domestic cats known as felis catus. Nothing in this Section shall replace or abrogate any other restrictions under the Code of Ordinances of the City of Troy, Missouri, relating to restrictions on dogs or cats.
Horses, ponies and mules, otherwise known by the genus of horses known as equidae, shall be allowed to be kept as an accessory use in the "R-1" Single-Family Residential District, provided that no horse, pony or mule shall be kept on premises which the lot size is less than three (3) acres. In no instance shall there by more than one (1) horse, pony, or mule per acre kept on premises.
Chickens shall be allowed to be kept in the "R-1" Single-Family Residential District, however there shall be a maximum of six (6) chickens per premises. The term "chicken" shall mean the genus of female chickens known as gallus gallus. The term "chicken" shall not mean the genus of male chickens known as gallus gallus and more commonly known as a rooster. In the event that chickens are acquired at an age when gender cannot be determined, any male chickens, also known as roosters, must be removed from the premises within ten (10) days of the date that the gender can be determined.
Except as provided in Section 215.130, no hogs, pigs, or swine may be kept in any zoning district. The terms "hogs," "pigs," or "swine" shall mean the genus known as sus.
Cows, sheep, and goats shall be allowed to be kept as an accessory use in the "R-1" Single-Family Residential District, provided that no such animal shall be kept on premises which the lot size is less than three (3) acres. In no instance shall there by more than one (1) such animal per acre kept on the premises. The term "cow" shall mean the genus known as bos. The term "sheep" shall mean the genus known as ovis. The term "goat'' shall mean the genus known as capra aegagrus hircus.
[Ord. No. 1184 §1, 7-15-2013]
The purpose of the regulations for alternative energy systems is to oversee the permitting of these systems while promoting the health, safety and welfare of City residents. Building permits are required for all systems.
Alternative energy systems shall be in compliance with the standards set by the International Building Code and the International Residential Code. Building permits are required for the construction and installation of all alternative energy systems.
Conformance To Applicable Rules And Regulations. Alternative energy systems must be constructed and installed in conformance with applicable rules and regulations as follows:
Alternative energy systems shall be in compliance with any applicable Federal regulations and Section 386.890, RSMo., which mandates compliance with all applicable safety, performance, interconnection, and reliability standards established by the National Electrical Code, the National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, Underwriters Laboratories, and the Federal Energy Regulatory Commission.
No building permits shall be issued for an alternative energy system until a copy of the utility company's approval for interconnection of a customer-owned generator has been provided.
Regulations On Specific Alternative Energy Systems.
Ground source heat pump systems.
Permitted districts. Ground source heat pump systems in accordance with the standards in this Section are allowed as an accessory use in all zoning districts.
System requirements. Only closed-loop ground source heat pump systems utilizing heat transfer fluids. Open-loop ground source heat systems are prohibited.
All components of ground source heat pump systems, including pumps, borings and loops, shall be set back at least five (5) feet from all property lines.
Aboveground equipment associated with ground source heat pumps shall not be installed in a front yard. Equipment shall be located in the side or rear yard, set back at least five (5) feet from the property line.
Ground source heat pump systems shall not be located or encroach upon any recorded easement.
Screening. Ground source heat pump systems are considered mechanical equipment and are subject to mechanical screening requirements of the zoning district.
Wind Energy Conversion Systems (WECS).
"R-1" Single-Family Residential District: not permitted.
"R-2" Single-Family Residential District: not permitted.
"R-3" Multiple-Family Residential District: not permitted.
"C-1" Central Business District: not permitted.
"C-2" Neighborhood Commercial District: not permitted.
"C-3" Highway Commercial District: not permitted.
"P-R" Park and Recreation District: not permitted.
"I-1" Light Industrial District: permitted in accordance with this Section.
"I-2" Heavy Industrial District: permitted in accordance with this Section.
Regulations on WECS within permitted districts.
Power output. No limitation on power output.
Setbacks. A wind tower for a wind energy system shall have a setback height:
Equal to the distance from any public road right-of-way;
Equal to the distance from any overhead utility lines, unless written permission is granted by the affected utility;
Equal to the distance from a residence, school, hospital, church, public library, or parking lot;
Equal to the distance from the closest property line.
Fencing (landscaping). Security fencing is required surrounding a tower and all other mechanical equipment associated with a WECS. This requirement may be waived if site is already fenced per ordinance.
All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.
The WECS shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight (8) feet above surrounding grade.
Electrical wires. All electrical wires associated with a WECS, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box and the grounding wires shall be located underground.
Tower type. Only monopole towers are permitted (no lattice structures).
Lighting. A WECS and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
Appearance, color and finish. The WECS shall remain painted or finished the color or finish that was originally applied by the manufacturer.
Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building or other structure associated with a WECS visible from any public road shall be prohibited.
Utility notification and interconnection. The applicant shall be required to notify all necessary utilities of construction of a WECS.
Location. All WECS shall be located in the rear yard.
Number of WECS. No more than one (1) WECS is permitted per parcel.
Abandonment. If the WECS remains non-functional or inoperative for a continuous period of one (1) year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at his or her expense after a demolition permit has been obtained. Removal includes the entire structure, including foundations to below natural grade and transmission equipment.
Solar Energy Systems.
General solar energy systems requirements by zoning classification.
Residential districts. ("R-1" Single-Family Residential District; "R-2" Single-Family Residential District; "R-3" Multiple-Family Residential District)
Type. Roof-mounted systems are permitted. Roof applications shall not extend beyond the footprint of the main structure.
Height. Shall maintain compliance with height restrictions for a main structure and to be mounted parallel to the roof and in close proximity to the roof (not to exceed twelve (12) inches) so as to not appear to project above the original design surface from the roof.
Commercial and industrial districts. ("C-1" Central Business District; "C-2" Neighborhood Commercial District; "C-3" Highway Commercial District; "P-R" Park and Recreation District; "I-1" Light Industrial District; "I-2" Heavy Industrial District)
Type. Roof-mounted systems are permitted.
Height. Shall maintain compliance with height restrictions for a main structure and mounted parallel to the roof and in close proximity to the roof (not to exceed twelve (12) inches) so as to not appear to project above the original design surface from the roof.
A structural report, sealed by a structural engineer, for imposed roof load shall be provided to the Building Department before approval of the alternative energy system. The alternative energy system shall not overload the roof.