[Ord. No. 2006.19 §1, 6-12-2006]
A.
The
following structures and uses shall be exempt from the provisions
of these regulations:
1.
Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves
or other similar equipment for the distribution to consumers of telephone
or other communications, electricity, gas or water or the collection
of sewage or surface water operated or maintained by a public utility,
but not including substations located on or above the surface of the
ground.
2.
Railroad tracks, signals, bridges and similar facilities and equipment
located on a railroad right-of-way and maintenance and repair work
on such facilities and equipment.
3.
Agriculture as defined by these regulations. In the event any structure
or land ceases to be used only for agriculture, then such structure
or land shall be subject to the applicable regulations of these regulations.
4.
Retaining walls on public property.
5.
Public signs.
6.
Church spires, belfries, cupolas, penthouses and domes not used for
human occupancy, chimneys, ventilators, skylights and other necessary
mechanical appurtenances that are usually carried above the roof level.
7.
The provisions of these regulations shall not prevent the installation
of a parapet wall or ornamental cornice above the building height
limit, provided it does not extend above such height not more than
five (5) feet.
B.
Exceptions To Area Regulations. The following exceptions
shall be made as to yard and area regulations:
1.
Peculiar shape of yard. Where the yard regulations
cannot reasonably be complied with or their application determined
on lots of peculiar shape or location on hillside lots, such regulations
may be modified or determined by the Board of Adjustment.
2.
Lot width regulation modified. Where an odd-shaped
lot has over the required area for its particular district, the width
of such lot may be computed in the most buildable portion having minimum
area requirements, provided the area regulations for its particular
district are complied with.
3.
Rear yard including parking and loading areas. A
parking area or loading space may occupy a required rear yard, but
shall be no closer than three (3) feet from a property line.
4.
Projections. The features of a structure as hereafter
set forth shall not be included when calculating lot coverage nor
be considered an infringement into the required yards. They may include:
a.
Unenclosed walks or driveways, except no driveway or other accessory
use shall be located within three (3) feet from any interior side
or rear property line or twenty-five (25) feet from any public right-of-way,
excluding driveways or alleys.
b.
Shall be closer than three (3) feet from any property line, except
where the driveway provides access from any right-of-way.
c.
Fences.
d.
Retaining walls not more than eighteen (18) inches higher than the
grade of the ground retained.
e.
Flue or fireplace chimney attached to the main building.
f.
Bay windows extending not more than eighteen (18) inches from the
main building.
g.
Open fire escape not projecting into a required side yard more than
half the required side yard.
h.
Fire escapes, solid floor balconies and enclosed outside stairways
projecting to within ten (10) feet of the rear lot line.
[Ord. No. 2006.19 §1, 6-12-2006]
The following zoning districts are hereby established. The regulations
herein shall apply to these districts. All principal structures hereafter
erected, enlarged or reconstructed shall adhere to the following applicable
district regulations.
 |
[Ord. No. 2006.19 §1, 6-12-2006]
A.
Intent. The intent of this district is to reduce the impact
of urban development on agriculture, forestry and rural areas located
outside the sanitary sewer service area by designating these areas
for agricultural operations and forestry uses and low density residential
development. It is also intended to preserve rural character, reduce
the demand for urban services and reduce service delivery costs for
local government, while also providing an opportunity for large lot
or estate developments.
B.
Permitted Uses. Generally agricultural and low density residential
uses are permitted. The permitted, planned, conditional and accessory
uses are listed in Table 4.1.
C.
Supplemental Use Regulations. Some uses permitted it this district are subject to supplemental regulations. Please refer to the supplemental use regulations referenced in Table 4.1 and provided in Article V.
F.
Height Regulations. Two and one-half (2½) stories
or thirty-five (35) feet.
G.
Use Limitations. Any use containing a septic system shall
be on a lot no less than three (3) acres and shall provide the necessary
approvals from the Department of Natural Resources.
[Ord. No. 2006.19 §1, 6-12-2006; Ord. No. 2007.06 §1, 3-12-2007]
A.
Intent. The "R-1" District is established to provide for
low density single-family detached residential homes and those uses
which reinforce residential neighborhoods. New development shall be
located in areas served by publicly provided sanitary sewer and water.
Septic tanks may be permitted on lots three (3) acres or greater as
approved by the City and the Department of Natural Resources.
B.
Permitted Uses. Generally, single-family dwellings, existing
two-family dwellings (including duplexes), parks and related accessory
uses are permitted. The permitted, planned, conditional and accessory
uses are listed in Table 4.1.
C.
Supplemental Use Regulations. Some uses permitted in this district are subject to supplemental regulations. Please refer to the supplemental use regulations referenced in Table 4.1 and provided in Article V.
D.
Lot Requirements.
1.
Minimum lot area. Ten thousand (10,000) square feet,
except where a lot duly recorded prior to the adoption of these zoning
regulations has less area than herein required, these regulations
shall not prohibit the erection of a single-family dwelling.
2.
Minimum lot width. One hundred (100) feet, except
where a lot duly recorded prior to the adoption of these zoning regulations
has less area than herein required, these regulations shall not prohibit
the erection of a single-family dwelling.
3.
Lot coverage. Thirty percent (30%).
F.
Height Requirements. Two and one-half (2½) stories
or thirty-five (35) feet.
H.
Unified Control. All duplexes shall be under single ownership
and contain trust indentures or covenants establishing unified control
of the installation and maintenance of any common facilities or areas.
[Ord. No. 2006.19 §1, 6-12-2006; Ord. No. 2007.06 §1, 3-12-2007]
A.
Intent. The "R-2" District is intended only for existing
"R-2" zoning and shall permit as a lawful use only the specific zoning
of property in effect on the effective date of this Code. After the
effective date of this Code, no new zoning ordinances shall authorize
the "R-2" District without the designation as a planned district.
The "R-2" District regulations are provided herein to encourage well
planned medium-density residential development and planned mixed-use
developments consisting of a variety of housing types, densities and
styles pursuant to the planned district procedures provided in this
Chapter and the City's Comprehensive Plan.
B.
Permitted Uses. Uses which were approved prior to the date
of this Code are permitted, provided they are located on lots of record
that were established prior to the date of adoption of this Code.
After the effective date of this Code, no new zoning ordinances shall
authorize the "R-2" District without approval of a Planned District
Overlay. A list of permitted uses is provided in Table 4.1.
C.
Supplemental Use Regulations. Some uses permitted in this district are subject to supplemental regulations. Please refer to the supplemental use regulations referenced in Table 4.1 and provided in Article V, Division 2.
F.
Height Regulations. Two and one-half (2½) stories
or thirty-five (35) feet.
H.
Unified Control. All duplexes shall be under single ownership
and contain trust indentures or covenants establishing unified control
of the installation and maintenance of any common facilities or areas.
[Ord. No. 2006.19 §1, 6-12-2006]
A.
Intent. The "R-3" District is intended only for pre-existing
"R-3" zoning and shall permit as a lawful use only the specific zoning
of property in effect on the: effective date of this Code. After the
effective date of this Code, no new zoning ordinances shall authorize
the "R-3" District without approval of a Planned District Overlay.
The "R-3" District regulations are provided herein to encourage well
planned high-density residential development and planned mixed-use
developments consisting of a variety of housing types, densities and
styles pursuant to the planned district procedures provided in this
Chapter and the City's Comprehensive Plan.
B.
Permitted Uses. Uses which were approved prior to the date
of this Code are permitted, provided they are located on lots of record
that were established prior to the date of adoption of this Code.
All new uses or change in use shall require rezoning. A list of permitted
uses is provided in Table 4.1.
C.
Supplemental Use Regulations. Some uses permitted in this district are subject to supplemental regulations. Please refer to the supplemental use regulations referenced in Table 4.1 and provided in Article V, Division 2.
F.
Density. A lot on which there is erected a multi-family
structure shall have a maximum density of eight (8) units per acre.
A density bonus of up to twelve (12) units per acre may be permitted
pursuant to the Planned Development District procedures.
G.
Height Regulations. Three and one-half (3½) stories
or forty-five (45) feet.
H.
Non-Multi-Family Uses. Where a lot is used for single-family
or two-family residential purposes, the minimum lot, yard and height
requirements shall be the same as that required in the "R-1" and "R-2"
Districts for the respected uses.
I.
Design Guidelines. All multi-family development including group homes, nursing homes, assisted living facilities and duplexes shall be subject to site plan review requirements and procedures of Article XI and the following design guidelines:
1.
Architectural design. The architectural design of
each unit or building should impart a feeling of residential scale.
Units should be designed with vertical and horizontal offsets to break
up roof lines, define private outdoor areas, allow greater views and
admit light and air to unit interiors. Large, blank wall surfaces
should be avoided. Windows and projecting wall surfaces should be
used to break up larger wall surfaces and establish visual interest.
The same level of architectural design and quality of materials should
be applied to all sides of the building. The side and rear elevations,
garages, carports and all accessory structures should maintain the
same level of design, residential scale, aesthetic quality and architectural
compatibility.
2.
Unified control. All duplexes and multi-family developments
shall be under single ownership and contain trust indentures or covenants
establishing unified control of the installation and maintenance of
any common facilities or areas.
3.
Building separation. All buildings shall be separated
by a minimum distance of twenty (20) feet.
4.
Access. All multi-family residential developments
must have direct vehicular access to collector or arterial streets.
Multi-family residential development shall not take access to local
streets.
5.
Pedestrian circulation systems. Sidewalks, walkways
and paths shall provide physical separation from vehicles along all
public and private streets and within any parking area. Pedestrian
systems should incorporate landscaping details to increase the visual
interest and character of the neighborhood.
6.
Landscaping. Landscaping should be designed in sufficient
form, quantity and location to reduce, to the greatest extent possible,
negative impacts affecting the site and adjacent properties and to
increase the sense of neighborhood scale, character and identity.
7.
Screening. All outdoor refuse areas, ground-mounted
mechanical equipment, utilities and banks of meters shall be screened
from any views off site. All screening shall be compatible with the
building components and landscape design.
J.
Additional Requirements. All development shall be subject to the requirements of Article VI "Off-street Parking and Loading Regulations, Article VII "Sign Regulations" and Article VIII "Landscape Requirements". All multi-family development shall be subject to the site plan review requirements and procedures provided in Article XI "Site Plan Review".
K.
Abandonment. Any use other than a single-family dwelling
in the "R-3" zoning district is a non-conforming use. Any non-conforming
use of land or of a building which has been abandoned for a continuous
twelve (12) month period shall not again be used except in conformity
with the regulations of the district in which it is located.
[Ord. No. 2006.19 §1, 6-12-2006]
A.
Intent. The intent of the "R-4" District is to provide for
the uniform development of any proposed manufactured home subdivision.
All uses within the "R-4" District shall comply with the Planned Development
District procedures and requirements herein.
B.
Permitted Uses. Manufactured single-family homes —
residential design, modular single-family home and single-family dwellings.
C.
Minimum Lot And District Requirements.
E.
Height Regulations. Fifteen (15) feet.
F.
Site Plan Review. Development in the "R-4" District shall be subject to the site plan review requirements and procedures contained in Article XI.
G.
Minimum Design Standards. Each manufactured home subdivision
shall be designed in accordance with all City codes and to the following
minimum design standards:
1.
All roadways and sidewalks within the manufactured home park shall
be hard surfaced and shall be adequately lighted at night.
2.
The perimeter of all manufactured homes shall be fully skirted.
3.
Sidewalks shall be required on one (1) side of all streets.
4.
All manufactured home lots shall front upon a private hard-surfaced/dust-free
roadway of not less than twenty-five (25) feet in width. If parallel
parking is permitted on one (1) side of the street, the width shall
be increased to thirty (30) feet, and if parallel parking is permitted
on both sides of the street, the width shall be increased to thirty-six
(36) feet. All roadways shall have unobstructed access to a public
street.
5.
A community structure may be provided which may include recreation
facilities, laundry facilities and other similar uses.
6.
A storm shelter shall be provided in accordance with State and Federal
law for any new manufactured home development or any manufactured
home development which is expanded to include additional acreage.
7.
Final approval for the development shall be obtained before any grading,
clearing, installation of streets or moving a manufactured home into
any "R-4" district.
H.
Manufactured Home Required Setbacks, Buffer Strips And Screening.
1.
All manufactured homes shall be located at least fifty (50) feet
from any exterior property line of a manufactured home subdivision
or a public roadway right-of-way.
2.
There shall be a minimum distance of fifteen (15) feet between manufactured
homes, common parking area or other common areas located within a
manufactured home subdivision.
J.
Water Supply.
1.
Water shall be supplied to the manufactured subdivision by a public
water system.
2.
The size, location and installation of water lines shall be in accordance
with the requirements of the building codes of the City.
3.
Individual water service connections shall be provided at each manufactured
home space.
K.
Required Recreation Areas.
1.
In all manufactured home subdivisions accommodating or designed to
accommodate twenty-five (25) or more manufactured homes, there shall
be one (1) or more recreation areas which shall be easily accessible
to all residents within the development.
2.
The size of such recreation areas shall be based upon a minimum of
one hundred (100) square feet per lot within the subdivision. No outdoor
recreation area shall contain less than two thousand five hundred
(2,500) square feet.
3.
Recreation areas shall be so located as to be free of traffic hazards
and should be centrally located.
4.
The required recreational area(s) within the manufactured home subdivision
shall contain playground equipment or other recreational facilities
as approved by the Planning and Zoning Commission. The cost of purchasing
and installing said recreational equipment shall be paid for by the
developer of the manufactured home subdivision.
5.
The maintenance of recreation area(s) and equipment within each subdivision
shall be paid for by the owner of the manufactured home subdivision
and/or trustees.
L.
Sewage Disposal. Each manufactured home subdivision shall
be connected to the City's sewer system or to another central sewage
system as approved by St. Francois County Health Department and/or
the Missouri Department of Natural Resources. Each manufactured home
space within a manufactured home subdivision shall be connected to
and served by the central sanitary sewer system serving the manufactured
home subdivision.
M.
Tie Downs And Ground Anchors. All manufactured homes shall
be secured to the ground by tie downs and ground anchors in accordance
with the Manufactured Home and Recreational Vehicle Code.
N.
Electrical. Each manufactured home space shall be provided
with an individual electrical outlet supply which shall be installed
in accordance with the building codes of the City and requirements
of the electric supplier.
O.
Gas. Natural gas hookups, when provided, shall be installed
in accordance with the building codes of the City and the regulations
of the gas supplier.
P.
Refuse And Garbage Handling. Storage, collection and disposal
of refuse in a park shall be in accordance with City Code.
Q.
Pad Requirements. Pad surfaces shall consist of a flexible
surface with a minimum of five (5) inch thick gravel, stone or compacted
surface, treated to discourage plant growth, constructed to discharge
water and edged to prohibit fraying or spreading of surfacing materials;
or shall be of a hard surface of a minimum of two (2) eighteen (18)
inch wide concrete ribbons or slabs capable of carrying the weight
and of sufficient length to support all blocking points of the manufactured
home.
[Ord. No. 2006.19 §1, 6-12-2006]
A.
Intent. The intent of the Neighborhood Commercial District
is to provide a zone which will accommodate high density, compact,
pedestrian oriented, shopping, office service, entertainment existing
residential dwellings and limited new residential uses. Consolidated
off-street loading and service facilities should be screened from
any adjacent rights-of-way and residential uses.
B.
Permitted Uses. Generally, commercial, retail, service,
residential lofts located above street level and existing single-family
dwellings are permitted. The permitted, planned, conditional and accessory
uses are listed in Table 4.1. The permitted uses will be determined
based on compatibility with the existing adjacent uses and other uses
permitted in the district.
C.
Supplemental Use Regulations. Some uses permitted in this district are subject to supplemental regulations. Please refer to the supplemental use regulations referenced in Table 4.1 and provided in Article V, Division 2.
E.
Yard Regulations.
F.
Height Requirements. Two and one-half (2½) stories
or thirty-five (35) feet.
G.
Use Limitations.
1.
The permitted display of merchandise for sale to the public shall
be restricted to a maximum of twenty-five percent (25%) of the lot.
In no case shall merchandise for sale be displayed in any required
setback or interfere with pedestrian or vehicular access or parking.
2.
Merchandise that is not for sale to the public shall not be stored
outside.
3.
All items stored on the premises shall be that which is associated
with or derived from the principal use approved for the zoning lot.
4.
Exterior lighting fixtures shall be shaded so that no direct light
is cast upon any residential property and so that no glare is visible
to any traffic on any public street.
5.
The conversion of existing residential dwellings into commercial uses shall be permitted by conditional use permit. All residential conversions shall meet the supplemental requirements of Section 405.049.
6.
New residential uses in the "C-1" district shall be subject to the
following additional use limitations:
a.
Residential uses shall be complementary and secondary to the primary
retail commercial and office uses.
b.
Residential uses shall be restricted from street-level building floors
except as specifically permitted pursuant to an approved planned or
conditional use permit. In no case shall a residential use occupy
a street-level storefront.
c.
Residential uses shall not restrict or limit hours of operation,
parking, loading, unloading, trash disposal or other activities associated
with a permitted commercial or office uses.
d.
New construction, renovation or other improvements required to accommodate
residential uses shall be complementary to the established character
of existing uses.
H.
Downtown Development. Architectural elevations, landscape plans and parking layouts for renovation and new construction located within the downtown shall comply with all the development standards pursuant to Section 405.050 and promote the following design guidelines:
1.
Height. The height of any proposed alteration or
construction should be compatible with the style and character of
the surrounding structures.
2.
Proportions of windows and doors. The proportions
and relationships between doors and windows should be compatible with
the architectural style and character of the downtown.
3.
Relationship of building masses and spaces. The
relationship of a structure within the downtown and a historic district
to the open space between it and adjoining structures should be compatible.
4.
Roof shape. The design of the roof should be compatible
with the architectural style and character of the surrounding structures.
5.
Scale. The scale of the structure after alteration,
construction or partial demolition should be compatible with its architectural
style and character and with surrounding structures.
6.
Architectural details. Architectural details including
materials, colors and textures should be treated so as to preserve
and enhance the architectural style or character of the downtown.
[Ord. No. 2006.19 §1, 6-12-2006; Ord. No. 2010.07 §2, 4-12-2010]
A.
Intent. The intent of this district is to provide a zone
for those commercial uses which are intensive in nature and which
require large lots and direct access to major streets.
B.
Permitted Uses. Generally, offices, retail, commercial service
and similar uses are permitted. For a general listing of permitted,
planned conditional and accessory uses, see Table 4.1. The permitted
uses will be determined based on compatibility with the existing adjacent
uses and other uses permitted in the district.
C.
Supplemental Use Regulations. Some uses permitted in this district are subject to supplemental regulations. Please refer to the supplemental use regulations referenced in Table 4.1 and provided in Article V, Division 2.
F.
Height Regulations. Two and one-half (2½) stories
or thirty-five (35) feet.
G.
Use Limitations.
1.
The permitted display of merchandise for sale to the public shall
be restricted to a maximum of twenty-five percent (25%) of the lot.
In no case shall merchandise for sale be displayed in any required
setback or interfere with pedestrian or vehicular access or parking.
2.
All items stored on the premises shall be that which are associated
with or derived from the principal use approved for the zoning lot.
3.
Any merchandise stored outside which is determined by the City as
material which is not for sale to the public shall be screened or
enclosed to the extent that it cannot be seen from off the property.
4.
Exterior lighting fixtures shall be shaded so that no direct light
is cast upon any residential property and so that no glare is visible
to any traffic on any public street.
[Ord. No. 2006.19 §1, 6-12-2006]
A.
Intent. The "M-1" District is intended only for pre-existing
"M-1" zoning and shall permit as a lawful use only the specific zoning
of property in effect on the effective date of this Code. After the
effective date of this Code, no new zoning ordinances shall authorize
the "M-1" District without the designation as a Planned Industrial
District. The intent of the "M-1" District regulations is to encourage
well planned industrial uses, pursuant to the City's Planned District
procedures, that are not obnoxious due to appearance, noise, emissions
or odor; that do not require intensive land coverage; and that can
be compatibly developed with adjacent districts.
B.
Permitted Uses. Generally, existing light manufacturing,
wholesaling, trucking and warehousing uses are permitted planned uses.
The list of permitted uses is provided in Table 4.1. The permitted
uses will be determined based on compatibility with the existing adjacent
uses and other uses permitted in the district.
C.
Supplemental Use Regulations. Some uses permitted in this district are subject to supplemental regulations. Please refer to the supplemental use regulations referenced in Table 4.1 and provided in Article V, Division 2.
E.
Yard Regulations.
1.
Front yard. Thirty (30) feet.
2.
Rear yard. Thirty (30) feet, except when abutting
property zoned "AG", "R-1", "R-2", "R-3" or "R-4" there shall be a
minimum side yard of no less than forty (40) feet.
3.
Side yard. The combined width for both side yards
shall be no less than fifty (50) feet and no side yard shall be less
than ten (10) feet. A side yard abutting property zoned "AG", "R-1",
"R-2", "R-3" or "R-4" shall be a minimum side yard of no less than
forty (40) feet.
F.
Height Regulations. Three (3) stories or fifty (50) feet.
G.
Use Limitations.
1.
Storage is permitted outside structures provided the view of said
storage area is properly screened from adjacent residential areas
and the public right-of-way.
2.
All items stored on the premises shall be that which is associated
with or derived from the principal use approved for the zoning lot.
3.
No structure shall be used for residential purposes except that a
watchman may reside on the premises.
4.
Exterior lighting fixtures shall be shaded so that no direct light
is cast upon any residential property and so that no glare is visible
to any traffic on a any public street.
[Ord. No. 2006.19 §1, 6-12-2006]
A.
Purpose.
1.
Each of the zoning districts hereinbefore set forth shall have a
separate and distinct counterpart known and herein referred to as
a planned district. The planned district is an overlay district established
for the purpose of permitting and regulating the uses heretofore permitted
in the equivalent district and, further, provide for and encourage
latitude and flexibility in the location of buildings, structures,
roads, drives, variations in yards and open spaces. The establishment
of a planned district requires review and a recommendation by the
Planning and Zoning Commission and approval by the Board of Aldermen.
2.
Planned developments shall not authorize uses not permitted by the
underlying zoning district nor shall it increase the number of lots
otherwise permitted under such district regulations. A conditional
use permit shall be required when an approved planned development
district is approved expressly authorizing a conditional use permit
by the underlying district.
B.
Intent. The intent of this Section is to allow the planned
development of land and at the same time comply with the City's Comprehensive
Plan and observe the general intent and spirit of these regulations.
Through the flexibility of the planned development process, the planned
development districts are intended to promote the following development
objectives:
1.
Encourage development that is compatible with the surrounding built
and natural environments.
2.
Promote flexibility by permitting greater variety in type, design
and layout of buildings and allowing the placement of more than one
(1) main or principal building on a single lot or parcel.
3.
Encourage large scale well-planned development.
C.
Planned Development District — When Required. Any
new use or change in use in the "R-2", "R-3", "R-4" and "M-1" zoning
districts and all uses designated as a "planned" use in the Land Use
Table 4.1 shall require rezoning to a planned district overlay with
the following exceptions:
1.
New additions to legally existing structures, provided no waivers
or modification of any district or other regulation is needed.
2.
The change is not detrimental to the neighboring properties or community,
does not materially alter or impact traffic, public improvements or
public financial burdens and is otherwise consistent with all established
City plans, policies and ordinances.
D.
Equivalent Districts. All areas of the City designated as
a planned district shall be assigned one (1) of the following district
classifications which shall be considered a separate district and
subject to the specific restrictions and limitations outlined in this
Section.
|
Planned District
|
Equivalent District
| |
|---|---|---|
|
"PRD" Planned Residential District
|
"R-1" Single-Family Residential District
| |
|
"R-2" Two-Family Residential District
| ||
|
"R-3" Multi-Family Residential District
| ||
|
"R-4" Manufactured Home District
| ||
|
"PCD" Planned Commercial District
|
"C-1" Neighborhood Commercial District
| |
|
"C-2" General Commercial District
| ||
|
"PID" Planned Industrial District
|
"M-1" Industrial District
| |
|
"PMD" Planned Mixed-Use District
|
Mixture of residential and non-residential district uses.
|
E.
Open Space. A minimum of thirty percent (30%) of the net
area of a residential planned development shall be provided for open
space as defined by these regulations. At least one-half (½)
of this open space or twenty percent (20%) of the net area devoted
to residential development shall be provided for common open space
for the leisure and recreational use of all "PD" residents and owned
and maintained in common by them, generally through a homeowners'
association. The common open space shall be developed for appropriate
recreational facilities and a minimum of fifty percent (50%) of the
proposed recreational facilities shall be constructed prior to the
development of one-half (½) of the project and all recreational
facilities shall be constructed by the time the project is seventy-five
percent (75%) developed.
G.
Procedures. A planned district may be initiated by an application
by one (1) or more of the owners of record or owners under contract
for a lot or tract of land or their authorized representative. Procedures
for application, review and approval of a planned district shall be
as follows:
1.
Applications shall be filed on forms provided by the City and accompanied by the appropriate filing fees and a site plan including the submittal information as set forth in Section 405.142. Three (3) copies shall be submitted for staff review. The administrative officer will then request ten (10) additional copies of the site plan to be forwarded to the Planning and Zoning Commission for review. The City reserves the right to reject incomplete applications.
3.
Subsequent to and within thirty (30) days of the public hearing,
the administrative officer shall present a staff report to the Planning
and Zoning Commission. The report shall include comments from the
administrative officer as well as comments of all agencies and City
departments to whom the plan was referred for review. The Planning
and Zoning Commission may recommend approval of the planned district
as submitted or with amendments.
4.
Within sixty (60) days of receipt of the Planning and Zoning Commission's
recommendation, the Board of Aldermen shall take action on the planned
district to approve, approve with conditions or deny the proposed
planned development. The planned district shall become effective upon
approval of the rezoning request, site plan and governing ordinance.
5.
Following approval of the rezoning and preliminary site plan, a final
site plan shall be submitted to the Planning and Zoning Commission
for review and approval. The preliminary site plan, updated to reflect
all structures, units and maximum square footage of buildings constructed
or approved for construction, shall be provided with the subsequent
submittal of the final site plan for each additional building, lot,
phase or plat representing a portion of the preliminary site plan.
The approved preliminary site plan shall be used to track existing
site development, insuring that the current proposal complies with
the conditions of the ordinance enacting the planned district relating
to maximum site densities. The preliminary site plan and final site
plan may be submitted concurrently at the rezoning stage at the option
of the developer.
6.
In the event that the final site plan contains substantial changes from the approved preliminary site plan, the applicant shall submit a revised preliminary site plan for approval per the preliminary site plan approval procedure requirements. This resubmittal shall require a new public hearing in the same manner prescribed in Subsection (G)(2) above. No development or redevelopment of property that falls under the planned district procedures shall take place until a final site plan has been reviewed and approved pursuant to the requirements of this Section.
7.
Upon final approval, the owner shall provide copies of the approved
final site plan to the City. Building permits shall be issued only
in accordance with the approved final site plan and after approval
of the improvement plans.
8.
Upon final approval of the planned district rezoning, final site
plan and authorization of a building and grading permit, construction
may proceed. Conformance with the plan and all supporting documentation
is mandatory.
[Ord. No. 2006.19 §1, 6-12-2006; Ord. No. 2010.07 §3, 4-12-2010]
A.
Permitted And Accessory Use Table. The Use Table of this
Section provides a tabular summary of the land use types allowed in
each zoning district. The table is intended for reference and does
not necessarily reflect all of the regulations that may apply to particular
uses or districts. In the event of a conflict between the use regulations
of this Section and those found in the text of the zoning district
regulations, the use regulations shall prevail.
B.
Permitted (By Right) Uses. Uses identified in a zoning district
column of the Use Table with a "*" are "permitted by right" and shall
be permitted in such zoning district, subject to any additional regulations
as may be indicated in the "Supplemental Regulations" column and all
other requirements of this Chapter.
C.
Conditional Uses. Conditional uses are identified in a zoning district column of the Use Table with a "C" and shall be permitted in such zoning district, subject to any additional regulations as may be indicated in the "Supplemental Regulations" column and all other requirements of this Chapter. All conditional uses shall require the receipt of a conditional use permit prior to the issuance of a building permit. A conditional use permit may be obtained by following the procedures and complying with the performance standards set forth in Article X.
D.
Planned Uses. Uses identified in a zoning district column of the Use Table with a "P" are "planned uses" and shall be permitted in such zoning district, subject to any additional regulations as may be indicated in the "Supplemental Regulations" column and all other requirements of this Chapter. All planned uses as set forth in Table 4.1 require the approval of a final site plan prior to the issuance of a building permit. The submission requirements, procedures and approval standards governing site plans are set forth in Article XI.
E.
Accessory Uses. All accessory uses are subject to the performance standards set forth in Article V.
F.
Unlisted Uses. Uses not listed have been determined either
not to be appropriate in any district, incompatible with certain existing
uses or sufficiently rare or unexpected as to be incapable of being
listed at the time of adoption of this Code except where the Board
of Aldermen, after review by the Planning and Zoning Commission, determines
that the proposed use is sufficiently similar to a use expressly authorized
in the applicable district and not otherwise prohibited or intended
to be prohibited by this Chapter or other applicable regulations and
such determination is approved by the Board of Aldermen. Any other
use not shown as a use permitted by right, a conditional use or a
planned use in any zoning district or approved by the Board of Aldermen,
but constituting a use that is required to be permitted by law, shall
be authorized only in the "M-1" Industrial District subject to the
following conditions:
1.
The use shall be permitted only to the extent required by law to
be permitted;
2.
The use shall be approved only as a planned use, except if by law
it is required to be permitted by right;
3.
The use shall be located no closer than one thousand (1,000) feet
from any residence, residential property, park, school or church,
except as may be modified by the Board of Aldermen through a planned
use procedure;
4.
The use shall maintain a distance of at least one thousand (1,000)
feet from any other such use;
5.
No use shall occupy a structure in excess of five thousand (5,000)
square feet without an approved parking plan designed for that use
and supported by a traffic study submitted to and approved by the
Board of Aldermen.
G.
Supplemental Regulations. The last column of the Use Table entitled "Supplemental Regulations" references additional requirements categorized by Supplemental District Regulations (Division 1) and Supplemental Use Regulations (Division 2). The numbers in this column refer to specific Sections found in Article V. Additional requirements, beyond those listed in the Supplemental Regulations column, may be required at the discretion of the City.
[Ord. No. 2006.19 §1, 6-12-2006; Ord.
No. 2019.17, 8-12-2019; Ord. No. 2023.19, 11-13-2023]
|
Table 4.1 Principal and Accessory Uses
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
Use is permitted by right
|
*
| ||||||||
|
Use permitted as a conditional use
|
C
| ||||||||
|
Use permitted as a planned use
|
P
| ||||||||
|
Use not permitted
| |||||||||
|
"AG"
|
"R-1"
|
"R-2"
|
"R-3"
|
"C-1"
|
"C-2"
|
"M-1"
|
Supplemental Regulations
| ||
|
Principal Residential Uses
| |||||||||
|
Assisted living facilities
|
P
|
P
| |||||||
|
Convalescent, nursing or retirement home
|
P
|
P
|
405.056
| ||||||
|
Existing — single-family detached
|
*
|
*
|
*
|
*
|
*
|
*
| |||
|
Existing — single-family attached
|
*
|
*
|
*
|
*
|
*
|
*
| |||
|
Group home
|
P
|
P
| |||||||
|
Loft
|
C
| ||||||||
|
Manufactured homes — residential design
|
*
|
P
|
405.014
| ||||||
|
Modular homes (BOCA/ICBO compliant)
|
*
|
*
|
405.014
| ||||||
|
Multi-family — apartment
|
P
| ||||||||
|
Multi-family — condominium
|
P
| ||||||||
|
Single-family detached (new)
|
*
|
*
|
P
|
P
| |||||
|
Single-family attached ("villa")
|
P
|
P
| |||||||
|
Single-family attached ("duplex")
|
P
|
P
| |||||||
|
Principal Non-Residential Uses
| |||||||||
|
Adult entertainment establishment
|
405.014
| ||||||||
|
Agricultural operation
|
*
|
405.052
| |||||||
|
Automotive service
|
C
|
C
|
P
| ||||||
|
Bakery
|
*
|
*
|
P
| ||||||
|
Bar or tavern
|
C
|
C
|
P
|
405.065
| |||||
|
Bed and breakfast (1 — 3 rooms)
|
C
|
P
|
P
|
C
| |||||
|
Business or vocational school
|
*
|
*
|
P
| ||||||
|
Campgrounds (public or private)
|
C
|
405.069
| |||||||
|
Car wash
|
C
|
P
|
405.053
| ||||||
|
Catering service
|
*
|
*
|
P
| ||||||
|
Churches and places of assembly
|
C
|
C
|
P
|
P
|
C
|
C
|
P
|
405.054
| |
|
Club, civic or fraternal organization
|
P
|
P
|
C
|
C
|
P
|
405.055
| |||
|
Co-branding or co-branded facility
|
C
|
C
| |||||||
|
Community center
|
*
|
*
|
P
| ||||||
|
Construction sales and service
|
P
|
P
| |||||||
|
Convenience store
|
C
|
C
|
P
| ||||||
|
Cultural service
|
C
|
*
|
C
|
P
| |||||
|
Dance hall, night club or private club
|
P
|
P
|
P
|
405.057
| |||||
|
Dance studios or schools
|
*
|
*
|
P
| ||||||
|
Day care facility, commercial
|
*
|
*
|
P
| ||||||
|
Drive-through establishment
|
C
|
C
|
P
|
405.059
| |||||
|
Drug store (pharmacy)
|
*
|
*
|
P
| ||||||
|
Dry cleaning/ laundry pickup
|
P
|
C
|
*
|
P
| |||||
|
Dry cleaning plants
|
P
| ||||||||
|
Financial services
|
*
|
*
|
P
| ||||||
|
Food store
|
P
|
C
|
C
|
P
| |||||
|
Funeral home services
|
P
|
C
|
P
| ||||||
|
Furniture, appliance or equipment sales/lease
|
*
|
*
|
P
| ||||||
|
Garden center, greenhouse or plant nursery
|
*
|
*
|
*
|
P
| |||||
|
Golf course
|
P
|
P
|
P
|
P
|
P
| ||||
|
Government service, utilities
|
*
|
*
|
*
|
*
|
*
|
*
|
*
| ||
|
Health club or fitness center
|
P
|
*
|
*
|
P
| |||||
|
Hospital
|
P
|
P
| |||||||
|
Hotel or motel
|
P
| ||||||||
|
Industrial use, light
|
P
| ||||||||
|
Industrial use, heavy
| |||||||||
|
Institution
|
C
|
*
|
P
| ||||||
|
Kennel, commercial (indoors)
|
C
|
C
|
C
|
P
|
405.063
| ||||
|
Liquor store
|
C
|
C
|
P
|
405.065
| |||||
|
Lumber or building materials sales
|
C
|
P
| |||||||
|
Manufactured home sales
|
C
|
P
| |||||||
|
Marijuana transportation facility
|
*
|
*
|
*
|
405.072
| |||||
|
Massage facility, therapeutic (licensed)
|
C
|
C
|
P
|
405.066
| |||||
|
Medical and comprehensive marijuana-infused products manufacturing
facility
|
*
|
*
|
*
|
405.072
| |||||
|
Medical and comprehensive marijuana testing facility, entirely
within enclosed building
|
*
|
*
|
*
|
405.072
| |||||
|
Medical marijuana, comprehensive marijuana and microbusiness
dispensary facility, (Indoor only)
|
*
|
*
|
405.072
| ||||||
|
Medical marijuana, comprehensive marijuana, and microbusiness
wholesale cultivation facility (Indoors only)
|
*
|
*
|
*
|
405.072
| |||||
|
Medical or dental offices
|
*
|
*
|
P
| ||||||
|
Mining/ quarrying operations
|
P
|
405.064
| |||||||
|
Office, general
|
*
|
*
|
P
| ||||||
|
Parks and recreation
|
*
|
*
|
*
|
*
|
*
|
*
|
P
|
405.069
| |
|
Parking garage or lot (private or public)
|
C
|
*
|
*
| ||||||
|
Personal services (beauty/ barber shops, etc.)
|
*
|
*
|
P
| ||||||
|
Print shop (copying services)
|
*
|
*
|
P
| ||||||
|
Printing and publishing
|
P
| ||||||||
|
Pole barn
|
*
|
P
| |||||||
|
Public service facility (other than Desloge)
|
C
|
C
|
P
|
P
|
C
|
C
|
P
| ||
|
Recording studio
|
*
|
*
|
P
| ||||||
|
Recreation facility or area (indoor)
|
P
|
P
|
P
|
*
|
*
|
P
|
405.069
| ||
|
Recreation facility or area (outdoor)
|
P
|
P
|
P
|
P
|
C
|
P
|
405.069
| ||
|
Recreational vehicle sales, lease or rental
|
C
|
P
| |||||||
|
Repair service
|
*
|
*
|
P
| ||||||
|
Research service
|
*
|
*
|
P
| ||||||
|
Restaurant — fast-food (non-drive-through)
|
C
|
*
|
P
|
405.068
| |||||
|
Restaurant — general
|
*
|
*
|
P
|
405.068
| |||||
|
Retail sales and service
|
*
|
*
|
P
| ||||||
|
Schools, private
|
C
|
P
|
P
|
P
|
*
|
C
| |||
|
Schools, public
|
P
|
P
|
P
|
*
|
C
| ||||
|
Service station — truck stop
|
P
|
P
|
P
| ||||||
|
Shopping center
|
P
| ||||||||
|
Stable, commercial
|
*
| ||||||||
|
Studio (radio, television, film or music)
|
C
|
*
|
P
|
Art. XVII
| |||||
|
Telecom-munications tower
|
C
|
C
|
C
|
P
|
C
|
P
|
P
|
Art. XVII
| |
|
Theater, motion picture
|
C
|
C
|
P
| ||||||
|
Theater, performing arts
|
C
|
C
|
P
| ||||||
|
Truck and equipment sales, lease and rentals
|
P
|
P
| |||||||
|
Used car lot
|
C
|
P
| |||||||
|
Used merchandise store
|
*
|
*
|
P
| ||||||
|
Veterinarian
|
*
|
*
|
*
|
P
| |||||
|
Warehouse, mini (self-storage)
|
P
|
405.067
| |||||||
|
Accessory Uses
| |||||||||
|
Accessory buildings and structures
|
*
|
*
|
*
|
*
|
*
|
*
|
*
|
405.047
| |
|
Agricultural operation (accessory use)
|
*
|
405.051
| |||||||
|
Automotive parking garage or lot (private or public)
|
*
|
*
|
*
|
*
|
*
|
*
|
*
| ||
|
Automotive teller machine (ATM)
|
C
|
*
|
P
| ||||||
|
Cemetery
|
C
|
C
|
C
|
P
|
C
|
P
| |||
|
Construction office (temporary)
|
*
|
*
|
*
|
*
|
*
|
*
|
*
| ||
|
Day care, home (8 persons or less)
|
C
|
C
|
C
|
P
|
405.058
| ||||
|
Deck, patio, platforms and gazebo
|
*
|
*
|
*
|
*
|
*
|
*
|
*
|
405.047
| |
|
Fence or wall
|
*
|
*
|
*
|
*
|
*
|
*
|
*
|
405.048
| |
|
Garage, carport or storage building
|
*
|
*
|
*
|
*
|
*
|
*
|
*
|
405.047
| |
|
Garden center, greenhouse or plant nursery
|
*
|
*
|
C
|
*
| |||||
|
Guest house
|
*
|
C
|
405.061
| ||||||
|
Home occupation
|
C
|
C
|
C
|
405.062
| |||||
|
Kennels, fish hatcheries, apiaries and aviaries
|
*
|
C
|
P
|
*
|
405.063
| ||||
|
Parking, off-street
|
*
|
*
|
*
|
*
|
*
|
*
|
*
| ||
|
Outdoor seating/dining
|
C
|
C
| |||||||
|
Pole barn
|
*
|
P
| |||||||
|
Real estate sales office
|
*
|
*
|
*
|
*
|
*
|
*
|
*
| ||
|
Recreational facility or area (non-commercial)
|
*
|
*
|
*
|
*
|
*
|
*
|
*
| ||
|
Roadside (produce) stand
|
*
|
C
| |||||||
|
Stable, commercial
|
C
|
405.051
| |||||||
|
Stable, private
|
*
|
405.051
| |||||||
|
Swim pool (commercial)
|
P
|
C
|
C
| ||||||
|
Swim pool, hot tub, jacuzzi or similar facility
|
*
|
*
|
*
|
*
|
C
|
C
| |||
|
Telecom-munication tower (new)
|
C
|
C
|
P
|
Art. XVII
| |||||
|
Telecom-munication tower (located on property owned by the City
of Desloge)
|
*
|
*
|
*
|
*
|
*
|
*
|
*
|
Art. XVII
| |
|
Co-locating an antenna on an existing structure
|
*
|
*
|
*
|
*
|
*
|
*
|
*
|
Art. XVII
| |
|
Disguised support structures (for antennas)
|
*
|
*
|
*
|
*
|
*
|
*
|
*
|
Art. XVII
| |
|
Dual polar panel antenna in residential districts
|
*
|
*
|
*
|
*
|
Art. XVII
| ||||
|
Warehousing and wholesale
|
*
|
*
| |||||||
[Ord. No. 2006.19 §1, 6-12-2006; Ord. No. 2007.06 §1, 3-12-2007]
All property in the "AG", "R-1", "R-2", "R-3" and "R-4" Districts
upon which a principal use may be located shall meet or exceed the
following lot dimension regulations in its respective zoning district
as set forth in Table 4.3. Minimum lot width shall be measured at
the building line.
|
Table 4.2 Minimum Lot Density and Yard Requirements (Residential
Uses)
| ||||||
|---|---|---|---|---|---|---|
|
Minimum Standards
|
"A-1"
|
"R-1"
|
"R-2"
|
"R-3"
|
"R-4"
| |
|
Lot size
|
1 — 3 acres
|
10,000
|
7,500
|
3,000 square feet per dwelling
|
4,500
| |
|
Lot width
|
150 feet
|
100 feet
|
75 feet
|
50 feet**
|
45 feet
| |
|
Front yard
|
50 feet
|
25 feet
|
25 feet
|
25 feet
|
25 feet
| |
|
Side yard
|
15 feet
|
10 feet*
|
8 feet
|
8 feet***
|
5 feet****
| |
|
Rear yard
|
50 feet
|
25 feet
|
20 feet
|
25 feet
|
25 feet
| |
|
Maximum lot coverage
|
20%
|
30%
|
30%
|
40%
|
35%
| |
|
Maximum building height
|
35 feet
|
35 feet
|
35 feet
|
45 feet
|
15 feet
| |
|
*
|
Side yard 10 feet for lots 75 feet or more in width. 8 feet
for lots between 50 feet to 74 feet. 5 feet for lots less than 50
feet.
| |||||
|
**
|
50 feet plus 25 feet for each additional story over 2.
| |||||
|
***
|
1/3 of the building height but not less than 8 feet.
| |||||
|
****
|
Combined side yards shall be no less than 15 feet with a minimum
of 5 feet on one side.
| |||||
[Ord. No. 2006.19 §1, 6-12-2006; Ord. No. 2007.06 §1, 3-12-2007]
All property in the "C-1", "C-2", "C-3", "M-1" and "M-2" Districts
upon which a principal use may be located shall meet or exceed the
following minimum lot and yard requirements.
|
Table 4.3 Minimum Lot and Yard Requirements (Commercial
Uses)
| ||||
|---|---|---|---|---|
|
Minimum Standards
|
"C-1"*
|
"C-2"
|
"M-1"
| |
|
District size
|
None
|
1 acre
|
1 acre
| |
|
Lot size
|
10,000
|
20,000
|
20,000
| |
|
Lot width
|
50 feet
|
100 feet
|
100 feet
| |
|
Front yard
|
25 feet
|
None
|
30 feet
| |
|
Side yard
|
None**
|
None***
|
10 feet****
| |
|
Rear yard
|
30 feet
|
20 feet
|
25 feet*****
| |
|
Maximum lot coverage
|
70%
|
70%
|
50%
| |
|
Maximum building height
|
35 feet
|
35 feet
|
50 feet
| |
|
*
|
No minimum lot size, lot width, front yard or maximum lot coverage
in the downtown.
| |||
|
**
|
15 feet when adjacent to property zoned "AG", "R-1", "R-2",
"R-3" or "R-4".
| |||
|
***
|
40 feet when adjacent to property zoned "AG", "R-1", "R-2",
"R-3" or "R-4".
| |||
|
****
|
The combined width for both side yards shall be 50 feet with
one side yard being no less than 10 feet. Side yards abutting property
zoned "AG", "R-1", "R-2", "R-3" or "R-4" shall be a minimum of 40
feet.
| |||
|
*****
|
40 feet when adjacent to property zoned "AG", "R-1", "R-2",
"R-3" or "R-4".
| |||
[Ord. No. 2006.19 §1, 6-12-2006; Ord. No. 2007.06 §1, 3-12-2007]
All accessory structures or uses shall be set back from the
street rights-of-way lines and property lines bounding the lot no
less than the distances shown in Table 4.4 below.
|
Table 4.4 Location of Accessory Structures and Uses
| |||||||
|---|---|---|---|---|---|---|---|
|
Minimum Standards
|
"A-1"
|
"R-1"
|
"R-2"
|
"R-3"
|
"C-1"
|
"C-2"
|
"M-1"
|
|
Front yard
|
50 feet
|
25 feet
|
25 feet
|
25 feet
|
25 feet
|
25 feet
|
30 feet
|
|
Side yard
|
15 feet
|
10 feet
|
8 feet
|
8 feet
|
8 feet
|
8 feet
|
8 feet
|
|
Side adjacent to street
|
50 feet
|
25 feet
|
25 feet
|
25 feet
|
25 feet
|
25 feet
|
30 feet
|
|
Rear yard
|
8 feet
|
8 feet
|
8 feet
|
8 feet
|
8 feet
|
8 feet
|
8 feet
|
|
Minimum distance between structures
|
10 feet
|
10 feet
|
10 feet
|
10 feet
|
10 feet
|
10 feet
|
10 feet
|
|
Maximum lot coverage per accessory use
|
10%
|
10%
|
10%
|
10%
|
10%
|
10%
|
10%
|
|
Minimum setback for driveways
|
3 feet
|
3 feet
|
3 feet
|
3 feet
|
3 feet
|
3 feet
|
3 feet
|
|
Maximum height
|
25 feet
|
25 feet
|
25 feet
|
25 feet
|
25 feet
|
25 feet
|
25 feet
|
