[CC 1988 §22.010]
This Chapter shall be known and may be cited as the Zoning Ordinance
of the City of Eldon, Missouri.
[CC 1988 §22.011]
The Zoning Ordinance is adopted to promote the health, safety,
morals, comfort and general welfare; to secure economic and coordinated
land use; and to facilitate the adequate provision of public improvements.
[CC 1988 §22.020; Ord. No. 1765 §1, 5-25-1999; Ord. No. 2011-52 §1, 12-13-2011]
For the purpose of this Chapter, certain words and phrases are
herein defined. Words and phrases which are not defined shall be given
their usual meaning except where the context clearly indicates a different
or specified meaning. Words used in the present tense shall include
the future; the singular number includes the plural and the plural
includes the singular; the word "dwelling" includes
the word "residence"; the word "shall" is mandatory and not permissive; the term "used for" includes the meaning "designed for" or "intended for". The following words and phrases are defined:
ACCESSORY STRUCTURE
Any structure, the use of which is incidental to the principal
use of another structure on the same premises. Examples of accessory
structures include gazebos, picnic pavilions, boathouses, small pole
barns, storage sheds, and similar buildings.
[Ord. No. 09-2022, 3-8-2022]
1.
Structures To Be Excluded From The City Limits As Accessory
Structures. Any structure defined as a cargo container, shipping container,
trailer designed to be used as part of a semi-tractor trailer combination
or tractor trailer box which are used to store materials are not allowed
within the City of Eldon for the purpose of long-term storage. These
types of containers will be allowed as temporary containers on sites
of construction with permission of the Codes Department for a term
not to exceed six (6) months without an extension granted by the Codes
Department.
[Ord. No. 57-2022, 9-27-2022]
ACCESSORY USE
A use incidental and subordinate to the principal use of
the premises.
ALLEY
A minor way affording secondary access to properties which
otherwise abut on a street.
APARTMENT
A room or suite of rooms within a building, provided with
separate cooking facilities and intended as a single dwelling unit.
BASEMENT
A story having part but not more than one-half (½)
of its height below grade. A basement is counted as a story for the
purpose of height regulations if subdivided and used for dwelling
purposes other than by a janitor employed on the premises.
BOARDING HOUSE OR LODGING HOUSE
A building, other than a hotel, where lodging and/or meals
are provided for three (3) to ten (10) persons for compensation, pursuant
to previous arrangements, but not for the public or transients.
BUILDING
A structure that is affixed to the land, has one (1) or more
floors, one (1) or more exterior walls and a roof, and is designed
or intended for use as a shelter.
BUILDING - HEIGHT OF
The vertical distance from the average contact ground level
at the front wall of the building to the highest point of the coping
of a flat roof or to the deck line of a mansard roof, or to the mean
height level between eaves and ridge for gable, hip or gambrel roofs.
CHILD CARE CENTER, DAY CARE CENTER, CHILD EDUCATION CENTER,
CHILD EXPERIMENT STATIONS OR CHILD DEVELOPMENT INSTITUTIONS
A place for reception, care, training or instruction of five
(5) or more children under the age of thirteen (13) years, not including
children of a family residing on the premises, for compensation or
otherwise, for any part of a twenty-four (24) hour day, providing
that nothing herein contained shall be construed as applying to the
regularly established public, private or parochial schools.
CLUB
A building or a portion of a building intended to be used
as a center of informal association for a selective membership not
open to the general public.
COMMISSION
The Planning Commission of the City of Eldon, Missouri.
COMMUNITY CENTER
A facility maintained by a public agency or by a not-for-profit
community or neighborhood association primarily for social, recreational
or educational needs of the community or neighborhood.
CONDITIONAL USE
A use allowed in a zoning district after a permit is granted by the Planning and Zoning Commission according to provisions of Section
400.250.
DISTRICT
A part of the City wherein regulations of this Chapter are
uniform.
DWELLING
Any building or portion thereof used exclusively for human
habitation, except hotels, motels or mobile homes.
DWELLING, SINGLE-FAMILY
1.
A building designed for and occupied by one (1) family.
2.
A group home for the handicapped in which eight (8) or fewer
unrelated mentally retarded or physically handicapped persons reside
and may include two (2) additional persons acting as houseparents
or guardians who need not be related to each other or to any of the
mentally retarded or physically handicapped persons residing in the
home.
DWELLING UNIT
A room or group of rooms located within a dwelling forming
a habitable unit for one (1) family.
ELEMENTARY SCHOOL
A school for the first four to six grades and includes kindergarten.
[Ord. No. 15-2020, 5-12-2020]
FAMILY
An individual or two (2) or more persons related by blood
or marriage or a group of not more than five (5) persons who need
not be related by blood or marriage living together and subsisting
in common as a single non-profit housekeeping unit utilizing only
one (1) kitchen.
FARMING
Using or cultivating land for the production and harvest
of horticultural crops; including trees, shrubs, vegetables, fruits
or other plant products, provided however, "farming" shall not include
a processor of farm products or a distributor of farming supplies,
contracting to provide spraying, harvesting, or other farming services
or the keeping, producing, raising, housing, storage or processing
of livestock unless the same is conducted on a parcel of thirty (30)
or more acres.
[Ord. No. 2015-22 §1, 7-14-2015]
FENCE
A hedge, bushes, trees or similar screening material of wood,
steel or concrete serving a similar purpose in obstructing view, separating,
enclosing or designating property lines.
FENCE, SIGHTPROOF
A solid or semi-solid screen constructed to prevent the passage
of debris or light, comprised of either brick, stone, masonry units,
wood or similar materials. Chain link fence may be used so long as
slats are installed to prevent the passage of light through the unit.
A sightproof fence may include supporting plant material.
GARAGE, PRIVATE
An accessory building designed or used for the storage of
not more than four (4) motor-driven vehicles owned and used by the
occupants of the building to which it is an accessory.
GROUP HOME FOR THE HANDICAPPED
A residential facility for the developmentally disabled where
meals, lodging, supervision and training are provided. A home with
no more than eight (8) unrelated handicapped or mentally retarded
residents and two (2) houseparents is a "single-family dwelling" for
municipal zoning purposes.
HANDICAPPED
Any person who has a physical or mental impairment which
substantially limits one (1) or more major life activities (functions
such as caring for oneself, performing manual tasks, walking, seeing,
hearing, speaking, breathing, learning and working); has a record
of such an impairment (has a history of, or has been misclassified
as having, a mental or physical impairment that substantially limits
one (1) or more major life activities). Impairments include the following
disabilities:
1.
Aging. Those manifestations of the aging processes
that significantly affect mobility, flexibility, coordination and
perceptiveness but are not accounted for in the aforementioned categories.
2.
Hearing. Deafness or hearing handicaps that
might make an individual insecure in public areas because he/she is
unable to communicate or hear warning signals.
3.
Incoordination. Problematic coordination from
brain, spinal or peripheral nerve injury.
4.
Non-ambulatory. Impairments that cause individuals
to use wheelchairs.
5.
Semi-ambulatory. Impairments that cause individuals
to walk with difficulty or insecurity. Individuals using braces or
crutches, amputees, arthritics, and those with pulmonary and cardiac
problems may be semi-ambulatory.
6.
Sight. Total blindness or impairments affecting
sight to the extent that the individual functioning in public areas
is insecure or exposed to danger.
HOME-BASED WORK
Any lawful occupation performed by a resident within a residential
home or accessory structure which is clearly incidental and secondary
to the use of the dwelling unit for residential purposes, and does
not change the residential character of the residential building or
adversely affect the surrounding neighborhood.
[Ord. No. 23-2023, 4-11-2023]
LOT
A parcel of land occupied or intended for occupancy for a
use permitted in this Chapter, including one (1) main building together
with its accessory building, open spaces and parking spaces required
by this Chapter, and having its principal frontage upon a road or
street.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersections.
LOT DEPTH
The main horizontal distance between the front and rear lot
lines.
LOT OF RECORD
A lot or parcel of land, the plat or deed of which has been
recorded prior to the adoption of this Chapter.
LOT WIDTH
The width of a lot at the front setback line.
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a medical
marijuana dispensary facility, medical marijuana testing facility
or to a medical marijuana-infused products manufacturing facility.
[Ord. No. 15-2020, 5-12-2020]
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire,
store, sell, transport, and deliver marijuana, marijuana-infused products
and drug paraphernalia used to administer marijuana as provided for
in this section to a qualifying patient, a primary caregiver, another
medical marijuana dispensary facility- a medical marijuana testing
facility or a medical marijuana-infused products manufacturing facility.
[Ord. No. 15-2020, 5-12-2020]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri to acquire,
store, manufacture, transport and sell marijuana-infused products
to a medical marijuana dispensary facility, a medical marijuana testing
facility, or to another medical marijuana-infused products manufacturing
facility.
[Ord. No. 15-2020, 5-12-2020]
MOBILE HOME
A dwelling unit designed and used for residential purposes;
constructed or fabricated within a factory; designed to be transported
as a single unit to a site; ready for occupancy, except for minor
unpacking and assembling on the site; complete with integral electrical,
mechanical and plumbing systems capable of being connected to utilities
provided at the site; and bearing a seal issued by the Public Service
Commission evidencing that the mobile home compiles with ANSI (American
National Standards Institute) Standards A119.1.
MOBILE HOME PARK
Any site, parcel, lot or tract of land five (5) acres or
larger; designed, developed, maintained or intended to be used for
the placement of two (2) or more mobile homes and may include accessory
uses thereof.
MOBILE HOME SPACE
A plot of ground within a mobile home park designed for the
accommodation of one (1) mobile home.
PORTABLE BUILDINGS
Any building less than four hundred (400) square feet manufactured
for use as a storage building only. An owner or contractor, with prior
approval of the Codes Enforcement Department of the plans and materials
to be used may construct a portable building. A portable building
does not require a foundation. A building manufactured for use as
a portable building of one hundred twenty (120) square feet or less
does not require a permit, unless the building contains electric or
plumbing facilities. Any structure containing electrical and/or plumbing
facilities must be anchored to the ground in an approved manner. All
portable buildings must meet a side and rear yard set back at least
ten (10) feet and a front yard set back equal to that established
in the individual zoning regulations.
PUBLIC UTILITY FACILITIES
Facilities including electrical, telephone, natural gas,
water, sewage, solid waste, radio, television and cable television,
such as radio towers, electric or telephone substations, water well
and treatment plants, sewage treatment facilities, and pipe line valves
or substations.
RELIGIOUS INSTITUTION
A building used for religious activities, particularly for
religious worship services.
[Ord. No. 15-2020, 5-12-2020]
SCREENING
Landscaping, fencing or walls or any combination thereof
whether existing naturally or placed with the intent of obscuring
view
SECONDARY SCHOOL
A school that is intermediate in level between elementary
school and college and that usually offers general, technical, vocational,
or college-preparatory curricula.
[Ord. No. 15-2020, 5-12-2020]
SIGHT DISTANCE TRIANGLE
The triangular area of a corner lot bound by the property
lines and a line connecting the two (2) points on the property lines
thirty (30) feet from the intersection of the property lines.
STRUCTURAL ALTERATION
Any change, except those required by law or ordinance, which
would prolong the life of the supporting members of a building or
structure, such as bearing walls, columns, beams or girders, not including
openings in bearing walls as permitted by other ordinances.
STRUCTURE
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. Among other things, structures include buildings, walls, fences
and signs.
YARD
An open area between the structure setback lines of a lot
as established by the regulations of a particular zoning district
and the property lines of the same lot.
YARD, FRONT
A yard across the full width of the lot extending from the
front line of the main building to the front line of the lot. On corner
lots the front yard shall face the shortest street dimensions of the
lot, except that if the lot is square or almost square, i.e., has
dimensions in a ratio of from 3:2 to 3:3, then the front yard may
face either street.
YARD, REAR
A yard extending the full width of the lot between a principal
building and the rear lot line.
YARD, SIDE
A yard between the main building and the side line of the
lot and extending from the front yard to the rear yard line.
[Ord. No. 24-2023, 4-11-2023]
A. A zoning ordinance or regulation adopted pursuant to this Chapter
that regulates home-based work shall not:
1.
Prohibit mail order or telephone sales for home-based work;
2.
Prohibit service by appointment within the home or accessory
structure;
3.
Prohibit or require structural modifications to the home or
accessory structure;
4.
Restrict the hours of operation for home-based work; or
5.
Restrict storage or the use of equipment that does not produce
effects outside the home or accessory structure.
B. A zoning ordinance or regulation adopted pursuant to this Chapter
that regulates home-based work shall not contain provisions that explicitly
restrict or prohibit a particular occupation.
C. The application of this Section does not supersede any deed restriction,
covenant, or agreement restricting the use of land, not any mater
deed, by law or other document applicable to a common interest ownership
community.
D. Prohibited home-based work in R-1, R-2, R-3:
3.
Automobile and other motor vehicle repair.
6.
Secondhand merchandise — retail.
7.
Home-based work that creates an unsafe or violates the peace
of the neighborhood or area.
[Ord. No. 1717, 7-28-1998]
A. Purpose. The purpose of this Section is to set forth standards
for the placement, construction and architectural appearance of manufactured
homes within the City. The intent of this Section is to ensure that
manufactured homes are compatible with other dwellings in residential
neighborhoods and met a minimum construction, placement and architectural
standard while providing an alternative means of affordable home ownership
for the residents of the community.
B. Occupancy Restrictions. Manufactured homes shall not be
placed or occupied on an individual lot without a building permit
issued under these regulations.
C. These
regulations apply to modular homes which shall be subject to the same
zoning standards as site built houses.
D. Siting Requirements. Each manufactured home placed on an
individual lot shall:
1. Be occupied only as a single-family dwelling and be permitted in
the same districts as single-family dwellings, unless the manufactured
or modular home is intended for a different purpose, in such a case
the structure shall be evaluated for its intended purpose. All structures
shall meet the footing requirements below.
2. Be placed in conformance with all zoning and setback requirements
established for the district in which located.
3. Accessory structures, which are limited to a garage and a shed, shall
be placed in conformance with the setback and dimensional requirements
established for the district in which located.
4. Have a minimum width of not less that twenty-two (22) feet as measured
at all points perpendicular to the length of the manufactured home.
This standard is intended to restrict units to the type which are
brought to the site in parts, typically two (2) halves.
5. Any replacement of a single-wide trailer in a trailer park and residential
area must be no more than twenty (20) years old or newer from the
year that we are in. The City Inspector must inspect the trailer or
look over the floor plans and must meet all City of Eldon codes, including
getting a recommended building permit.
[Ord. No. 42-2020, 9-22-2020]
6. Roof must be gable or hip roof of at least three (3) in twelve (12)
or greater and covered with material that is residential in appearance
including, but not limited to, approved wood, asphalt composition
or fiberglass shingles but excluding corrugated aluminum, corrugated
fiberglass or metal roofs. Except for permitted deck areas, all roof
structures shall provide an eave projection of no less than six (6)
inches and no greater than thirty (30) inches.
7. Have the main entry door facing the street on which the manufactured
home is located. A sidewalk shall be installed from the street, driveway
or sidewalk adjoining neighboring lots to the front door. The unit
must be oriented on the lot so that its front entry is parallel with
the street.
8. Have exterior surface and window treatments that to the maximum extent
possible are architecturally compatible with those of neighboring
properties, excluding smooth and ribbed or corrugated metal.
9. Be placed on a parcel according to a pre-submitted and approved plot
plan as described on the permit. In addition, an illustration of the
finished appearance of the unit shall be provided.
10. Units shall be attached to a permanent footing, which manner of placement
shall be as stated on the building permit, and meet all manufacturer's
specifications for support.
a. Pier pads are not permitted.
b. All footings shall have reinforced steel as dictated by appropriate
Building Code.
c. Anchors shall be imbedded in the footing or foundation to HUD, PSC
or manufacturer's specifications.
d. For illustration, three (3) sample footings are attached to this
Chapter.
11. A vapor barrier shall be in place in accordance with the Uniform
Building Code.
12. The exterior facade material shall consist of continuous concrete,
block, brick, flagstone, natural rock, poured concrete or masonry
suitable for the outer portion of a finished residence.
13. Have the tongue and running gear, including axles, removed.
14. Maintain a minimum of eighteen (18) inches of crawl space under the
entire manufactured home. All facades and foundations shall have permanently
installed venting in accordance with the manufacturer's requirements.
Deletions or omissions of vents is not allowed and homes will not
be approved for occupancy without appropriate venting.
15. Have permanent steps set at all exits. All means of egress shall
be built to existing Building Code.
16. Be served by a water supply and sewage disposal system meeting the
established City requirements.
17. Underground public utilities shall be required, where available.
All utility attachment shall be completed per Building Code.
18. Property owner shall declare the manufactured home as real property
and must so record with the Miller County Assessor.
E. Inspections. Each manufactured home approved for placement
on a parcel shall be subject to the following inspections:
1. Siting to insure zoning requirements. A footing
inspection prior to placement of the manufactured home shall be required
to check for conformity with requirements, placement of vapor barrier,
depth of crawl space, and proposed vent placement.
2. Foundation anchors and utility connections or landings.
3. Steps at all doors prior to occupancy. Permanent
steps shall be placed within ninety (90) days of occupancy. "Permanent steps" shall be defined as a means of egress
that is anchored or permanently attached to the ground in accordance
with the Building Code.
4. A final inspection shall be conducted prior to permanent occupancy
and prior to the expiration of the building permit. Final approval
to occupy the dwelling shall not occur until the final inspection
is complete. Failure to receive a final inspection is a per se violation
of this Chapter subject to a fine and imprisonment.
5. The permittee shall give the Building Official notice when the premises
are ready for inspection and shall not proceed further until approval
has been given by the official pursuant to each inspection.
F. Non-Conformity. All legal existing occupied mobile and/or
manufactured homes located on an individual lot shall be permitted
to remain in place so long as occupied, but provided that they may
not be replaced unless made to conform with the requirements of this
Chapter. Any such existing mobile and/or manufactured home shall be
removed when unoccupied for a period in excess of six (6) months.
G. Violations. Violators of this Section shall be subject to the usual penalties for violation of the zoning ordinance specified in Section
400.330.
H. Mobile homes, any manufactured home not meeting the requirement set forth in Subsection
(D)(4 —
6) of this Section, by definition shall be allowed in "RMH" zoning district only.
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Appendix A Detail of Slab Footing
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Diagram 1
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Diagram 2
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Diagram 3
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Diagram 4
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[CC 1988 §22.100]
The use and development of land and structures within any zoning
district are limited to those uses and developments set forth in those
Sections of this Chapter applicable to such district.
[CC 1988 §22.110; Ord. No. 1680 §1, 10-28-1997; Ord. No. 1716 §1, 7-28-1998]
A. Scope Of Provisions. This Section contains the district
regulations of the "R-1" Residence District. These regulations are
supplemented and qualified by additional general regulations appearing
elsewhere in this Chapter which are incorporated as part of this Section
by reference.
B. Statement Of Intent. The "R-1" Single-Family Dwelling District
is designed to allow low density residential development in an urban
setting where all municipal or public services are provided. It is
intended that no uses be permitted in this district that will tend
to devalue property for residential purposes or interfere with the
health, safety, order or general welfare of persons residing in the
district. Regulations are intended to control density of population,
limit traffic generation, and to provide adequate open space around
buildings in the district to accomplish these purposes.
C. Permitted Land Uses And Developments. The following land
uses and developments are permitted in this district.
1. Single-family detached dwellings.
2. Schools, public or private kindergarten, elementary, secondary and
preschools.
3. Public, private or country club golf courses, but not miniature golf
courses or driving ranges.
4. Public parks, playgrounds, swimming pools, community centers, athletic
fields and recreation buildings therein.
5. Churches or other places of worship.
6. Customary home occupations.
7. Agricultural uses, including nurseries and truck gardening, provided
that no offensive odors or dust are created, and provided further
that no retail sales shall be permitted on the premises nor the raising
of livestock.
D. Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section
400.250, Conditional Use Permits.
1. Local public utility facilities, provided that any installation,
other than poles and towers and equipment attached to the poles and
towers, shall be:
a. Adequately screened with landscaping, fencing or walls or any combination
thereof; or
c. Enclosed in a structure in such a manner so as to blend with and
complement the character of the surrounding area.
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All plans for screening these facilities shall be submitted
to the Commission for review. No building permit or installation permit
shall be issued until these plans have been approved by the Commission.
|
2. Private, not-for-profit clubs, private, not-for-profit recreational
land uses and community centers.
3. Golf courses which are illuminated and practice driving tees. Miniature
golf courses are excluded.
4. Public facilities when used by City, County, State or Federal Governments,
except correctional or penal buildings and those buildings used principally
for maintenance and storage purposes.
7. Bed and breakfast, subject to the following:
a. Definition. A dwelling or portion thereof that contains
guest rooms where short-term lodging, with or without meals, is provided
for compensation.
b. Purpose. The purpose of these requirements is to
minimize any possible adverse effects of a bed and breakfast on the
surrounding neighborhood while providing opportunities to make better
use of existing housing, particularly larger, older houses located
on major streets.
c. Approval standards. All applications for a conditional
use permit for bed and breakfast shall comply with the following requirements:
(1)
The use shall front on a primary arterial street if the property
is zoned "R-1" (single-family), or on a collector street if the property
is zoned another zoning district, or a street with a higher functional
classification as designated by the major thoroughfare plan.
(2)
There shall be a maximum of ten (10) guest rooms in the bed
and breakfast.
(3)
The bed and breakfast shall be located in an existing structure,
i.e., additions shall not be built to provide bed and breakfast rooms
nor shall a new structure be built expressly for a bed and breakfast. "New structure" meaning a residence constructed and completed
within the last five (5) years.
(4)
No exterior alterations that would change the single-family
character of the bed and breakfast, other than those necessary to
ensure the safety of the structure, shall be made.
(5)
No residential structure shall be removed for parking or to
expand the bed and breakfast.
(6)
Maximum two (2) weeks lodging shall be permitted, no monthly
rentals.
(7)
There shall be no individual cooking facilities.
(8)
The facilities shall not be rented for receptions, parties or
similar activities unless potential negative impacts, including, but
not limited to, traffic, parking and noise, have been addressed and
the activity is specifically permitted in the use permit. The operator
may not operate a restaurant, tavern, deli or similar use but may
periodically prepare food for resident guests, guest of resident guests,
guests of parties, receptions and similar activities.
(9)
One (1) additional off-street paved parking space per guest
room shall be provided on the premises.
(10)
The operator shall live in the bed and breakfast.
(11)
Only one (1) non-illuminated sign no larger than nine (9) square
feet shall be permitted.
(12)
A business license shall be obtained annually and the owner
shall verify that the conditions of the conditional use permit are
still being met.
(13)
No bed and breakfast shall be located within six hundred (600)
feet of another bed and breakfast as measured along continuous public
street right-of-way from all streets abutting the bed and breakfast
property, nor shall a bed and breakfast be located on property that
abuts property on which another bed and breakfast is located.
(14)
No food preparation or cooking for guests shall be conducted
within any bedroom made available for rent.
(15)
The applicant shall provide a floor plan showing the specific
location of the area to be used for the bed and breakfast establishment.
(16)
Outside help may be hired.
(17)
A guest register shall be maintained and made available for
inspection by the City at anytime requested during normal business
hours.
E. Accessory Land Uses And Developments. Subject to compliance
with the procedures of this Section, accessory buildings, structures
and uses are permitted in conjunction with a permitted land use or
development or (unless restricted by applicable condition) a conditional
land use or development when such accessory building, structure or
use is customarily found in conjunction with the primary use, is a
reasonably necessary incident to the primary use, is clearly subordinate
to the primary use, and serves only to further the successful utilization
of the primary use. Accessory uses include the following:
1. Devices for the generation of energy, such as solar panels, wind
generators and similar devices.
3. Customary accessory buildings including private garages, carports,
pergolas, swimming pools, fireplaces, and other accessory buildings
which are subordinate in use.
4. Off-street parking, as required by Section
400.190.
5. Satellite receiving antenna.
F. Height Limitations For Structures. The maximum height of
structures in the "R-1" Residence District shall be as set out below.
1. No building elevation of any dwelling structure or building accessory
to a dwelling structure shall exceed two and one-half (2½)
stories or thirty-five (35) feet in height, whichever is less.
2. All other structures, other than a public utility tower authorized by a conditional use permit, shall not exceed forty-five (45) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section
400.220, Air Navigation Space Regulations.
G. Lot Area, Yard And Density Requirements. The minimum lot
area and yard requirements for land uses and developments in the "R-1"
Residence District shall be as set out below.
1. Minimum lot area requirements.
a.
Minimum Lot Area. Seventy-five hundred (7,500) square feet.
[Ord. No. 2016-32 §§ 1
— 2, 9-13-2016]
b.
Minimum Lot Area Per Family. Seventy-five hundred (7,500) square
feet.
[Ord. No. 2016-32 §§ 1
— 2, 9-13-2016]
c.
Minimum Lot Width. Seventy-five (75) feet.
d.
Minimum Lot Depth. One hundred (100) feet.
[Ord. No. 2016-32 §§ 1
— 2, 9-13-2016]
e. Any lot or tract of record on the effective date of this ordinance,
which contains five thousand (5,000) square feet in area or which
has fifty (50) feet of width and street frontage may nevertheless
be used for the dwelling described in this Chapter. The minimum square
footage of the dwelling shall be seven hundred and fifty (750) square
feet.
[Ord. No. 2015-31 §§1
— 2, 9-22-2015]
2. Minimum yard requirements — general.
a. Front yard. No structure shall be allowed within
twenty-five (25) feet of any roadway right-of-way line.
[Ord. No. 25-2018, 9-4-2018]
b. Side yard. No structure shall be allowed within
ten (10) feet of any side property line.
c. Rear yard. No structure shall be allowed within
twenty-five (25) feet of any rear property line.
[Ord. No. 25-2018, 9-4-2018]
3. Specific yard requirements and exceptions.
a. On corner lots a side yard of twenty (20) feet shall be provided
on the side street.
b. Where lots comprising forty percent (40%) or more of the frontage
of a block on the same side of the street are developed with buildings,
the average of the existing front yards shall be the established minimum
front yard depth for the entire frontage.
c. Notwithstanding any other provision of this Chapter, on corner lots
no structure or plant material exceeding three (3) feet in height
above the elevation of the street pavement is allowed within the sight
distance triangle.
d. Light standards for street lighting or at points of ingress and egress,
but not including parking lot lighting, are allowed within the minimum
front yard setback when approved by the Commission. Light standards
for parking lot lighting are allowed no closer than ten (10) feet
of any side or rear yard line which adjoins property in any "R" Residence
District.
e. Chimneys, sills, cornices and ornamental features may project into
a required yard a distance not to exceed twenty-four (24) inches.
f. Fire escapes and balconies may project into a required yard a distance
not to exceed three and one-half (3½) feet.
g. Porches and stoops which are not enclosed may project into a required
yard a distance not to exceed five (5) feet.
h.
A detached accessory building may not be erected within ten
(10) feet of a rear lot line and must be located at least sixty (60)
feet from the front street line.
[Ord. No. 2016-19 §§ 2
— 3, 7-12-2016]
H. Off-Street Parking And Loading Requirements. Off-street
parking and loading requirements and setbacks for parking areas, loading
spaces and internal drives are set forth in Section, 400.190. Off-
Street Parking and Loading Requirements.
I. Sign Regulations. Sign regulations are set forth in Section
400.210, Sign Regulations.
[CC 1988 §22.115; Ord. No. 1680 §1, 10-28-1997; Ord. No. 1716 §1, 7-28-1998; Ord. No. 2010-14 §1, 4-13-2010]
A. Scope Of Provisions. This Section contains the district
regulations of the "R-2" Residence District. These regulations are
supplemented and qualified by additional general regulations appearing
elsewhere in this Chapter which are incorporated as part of this Section
by reference.
B. Statement Of Intent. The "R-2" Multiple-Family Dwelling
District is designed to allow medium density residential development
with the commingling of compatible single-family and multiple-family
dwellings, home occupations, certain community facilities and special
uses, yet retaining the basic residential qualities of a quiet living
environment and limited vehicular traffic.
C. Permitted Land Uses And Developments. The following land
uses and developments are permitted in this district.
2. Single-family detached dwellings.
3. Schools, public or private kindergarten, elementary, secondary and
preschools.
4. Public, private or country club golf courses, but not miniature golf
courses or driving ranges.
5. Public parks, playgrounds, swimming pools, community centers, athletic
fields and recreation buildings therein.
6. Churches or other places of worship.
7. Customary home occupations
8. Agricultural uses, including nurseries and truck gardening, provided
that no offensive odors or dust are created, and provided further
that no retail sales shall be permitted on the premises nor the raising
of livestock.
D. Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section
400.250, Conditional Use Permits.
1. Local public utility facilities, provided that any installation,
other than poles and towers and equipment attached to the poles and
towers, shall be:
a. Adequately screened with landscaping, fencing or walls or any combination
thereof; or
c. Enclosed in a structure in such a manner so as to blend with and
complement the character of the surrounding area.
|
All plans for screening these facilities shall be submitted
to the Commission for review. No building permit or installation permit
shall be issued until these plans have been approved by the Commission.
|
2. Private, not-for-profit clubs, private, not-for-profit recreational
land uses and community centers.
3. Golf courses which are illuminated and practice driving tees. Miniature
golf courses are excluded.
4. Public facilities when used by City, County, State or Federal Governments,
except correctional or penal buildings and those buildings used principally
for maintenance and storage purposes.
7. Bed and breakfast, subject to the following:
a. Definition. A dwelling or portion thereof that
contains guest rooms where short-term lodging, with or without meals,
is provided for compensation.
b. Purpose. The purpose of these requirements is to
minimize any possible adverse effects of a bed and breakfast on the
surrounding neighborhood while providing opportunities to make better
use of existing housing, particularly larger, older houses located
on major streets.
c. Approval standards: All applications for a conditional
use permit for bed and breakfast shall comply with the following requirements:
(1)
The use shall front on a primary arterial street if the property
is zoned "R-2" (two-family), or on a collector street if the property
is zoned another zoning district, or a street with a higher functional
classification as designated by the major thoroughfare plan.
(2)
There shall be a maximum of ten (10) guest rooms in the bed
and breakfast.
(3)
The bed and breakfast shall be located in an existing structure,
i.e., additions shall not be built to provide bed and breakfast rooms
nor shall a new structure be built expressly for a bed and breakfast. "New structure" meaning a residence constructed and completed
within the last five (5) years.
(4)
No exterior alterations that would change the single-family
character of the bed and breakfast, other than those necessary to
ensure the safety of the structure, shall be made.
(5)
No residential structure shall be removed for parking or to
expand the bed and breakfast.
(6)
Maximum two (2) weeks lodging shall be permitted, no monthly
rentals.
(7)
There shall be no individual cooking facilities.
(8)
The facilities shall not be rented for receptions, parties or
similar activities unless potential negative impacts, including, but
not limited to, traffic, parking and noise, have been addressed and
the activity is specifically permitted in the use permit. The operator
may not operate a restaurant, tavern, deli or similar use but may
periodically prepare food for resident guests, guest of resident guests,
guests of parties, receptions and similar activities.
(9)
One (1) additional off-street paved parking space per guest
room shall be provided on the premises.
(10)
The operator shall live in the bed and breakfast.
(11)
Only one (1) non-illuminated sign no larger than nine (9) square
feet shall be permitted.
(12)
A business license shall be obtained annually and the owner
shall verify that the conditions of the conditional use permit are
still being met.
(13)
No bed and breakfast shall be located within two hundred fifty
(250) feet of another bed and breakfast as measured along continuous
public street right-of-way from all streets abutting the bed and breakfast
property, nor shall a bed and breakfast be located on property that
abuts property on which another bed and breakfast is located.
(14)
No food preparation or cooking for guests shall be conducted
within any bedroom made available for rent.
(15)
The applicant shall provide a floor plan showing the specific
location of the area to be used for the bed and breakfast establishment.
(16)
Outside help may be hired.
(17)
A guest register shall be maintained and made available for
inspection by the City at any time requested during normal business
hours.
E. Accessory Land Uses And Developments. Subject to compliance
with the procedures of this Section, accessory buildings, structures
and uses are permitted in conjunction with a permitted land use or
development or (unless restricted by applicable condition) a conditional
land use or development when such accessory building, structure or
use is customarily found in conjunction with the primary use, is a
reasonably necessary incident to the primary use, is clearly subordinate
to the primary use, and serves only to further the successful utilization
of the primary use. Accessory uses include the following:
1. Devices for the generation of energy, such as solar panels, wind
generators and similar devices.
3. Customary accessory buildings including private garages, carports,
pergolas, swimming pools, fireplaces and similar accessory uses.
4. Off-street parking, as required by Section
400.190.
5. Satellite receiving antenna.
F. Height Limitations For Structures. The maximum height of
structures in the "R-2" Residence District shall be as set out below.
1. No building elevation of any dwelling structure or building accessory
to a dwelling structure shall exceed two and one-half (2½)
stories or thirty-five (35) feet in height, whichever is less.
2. All other structures, other than a public utility tower authorized by a conditional use permit, shall not exceed forty-five (45) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section
400.220, Air Navigation Space Regulations.
G. Lot Area, Yard And Density Requirements. The minimum lot
area and yard requirements for land uses and developments in the "R-2"
Residence District shall be as set out below.
1. Minimum lot area requirements.
a. Minimum lot area. Seven thousand five hundred (7,500)
square feet.
b. Minimum lot area per family. Three thousand seven
hundred fifty (3,750) square feet.
c. Minimum lot width. Seventy-five (75) feet.
d. Minimum lot depth. One hundred (100) feet.
e. Any lot or tract of record on the effective date of this ordinance,
which contains five thousand (5,000) square feet in area or which
has fifty (50) feet of width and street frontage may nevertheless
be used for the dwelling described in this Chapter. The minimum square
footage of the dwelling shall be seven hundred and fifty (750) square
feet.
[Ord. No. 2015-31 §§1
— 2, 9-22-2015]
2. Minimum yard requirements — general.
a. Front yard. No structure shall be allowed within
twenty-five (25) feet of any roadway right-of-way line.
b. Side yard. No structure shall be allowed within
seven (7) feet of any side property line.
c. Rear yard. No structure shall be allowed within
twenty-five (25) feet of any rear property line.
3. Specific yard requirements and exceptions.
a. On corner lots a side yard of twenty (20) feet shall be provided
on the side street.
b. Where lots comprising forty percent (40%) or more of the frontage
of a block on the same side of the street are developed with buildings,
the average of the existing front yards shall be the established minimum
front yard depth for the entire frontage.
c. Notwithstanding any other provision of this Chapter, on corner lots
no structure or plant material exceeding three (3) feet in height
above the elevation of the street pavements is allowed within the
sight distance triangle.
d. Light standards for street lighting or at points of ingress and egress,
but not including parking lot lighting, are allowed within the minimum
front yard setback when approved by the Commission. Light standards
for parking lot lighting are allowed no closer than ten (10) feet
of any side or rear yard line which adjoins property in any "R" Residence
District.
e. Chimneys, sills, cornices and ornamental features may project into
a required yard a distance not to exceed twenty-four (24) inches.
f. Fire escapes and balconies may project into a required yard a distance
not to exceed three and one-half (3½) feet.
g. Porches and stoops which are not enclosed may project into a required
yard a distance not to exceed five (5) feet.
h.
A detached accessory building may not be erected within ten
(10) feet of a rear lot line and must be located at least sixty (60)
feet from the front street line.
[Ord. No. 2016-19 §§ 2
— 3, 7-12-2016]
H. Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section
400.190, Off-Street Parking and Loading Requirements.
I. Sign Regulations. Sign regulations are set forth in Section
400.210, Sign Regulations.
[CC 1988 §22.120; Ord. No. 1680 §1, 10-28-1997; Ord. No. 1716 §1, 7-28-1998]
A. Scope Of Provisions. This Section contains the district
regulations of the "R-3" Residence District. These regulations are
supplemented and qualified by additional general regulations appearing
elsewhere in this Chapter which are incorporated as part of this Section
by reference.
B. Statement Of Intent. The "R-3" Apartment Dwelling District
is designed to allow high density residential development with compatible
community facilities and special uses yet retain a quality living
environment.
C. Permitted Land Uses And Developments. The following land
uses and developments are permitted in this district.
1. Multiple-family dwellings.
2. Nursing homes and group homes for the handicapped.
3. Boarding and lodging houses.
4. Rented rooms in single-family dwellings.
7. Schools, public or private kindergarten, elementary, secondary and
preschools.
8. Public, private or country club golf courses, but not miniature golf
courses or driving ranges.
9. Public parks, playgrounds, swimming pools, community centers, athletic
fields and recreation buildings therein.
10. Churches or other places of worship.
11. Customary home occupations
12. Agricultural uses, including nurseries and truck gardening, provided
that no offensive odors or dust are created, and provided further
that no retail sales shall be permitted on the premises nor the raising
of livestock.
D. Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section
400.250, Conditional Use Permits.
1. Local public utility facilities, provided that any installation,
other than poles and towers and equipment attached to the poles and
towers, shall be:
a. Adequately screened with landscaping, fencing or walls or any combination
thereof, or
c. Enclosed in a structure in such a manner so as to blend with and
complement the character of the surrounding area.
|
All plans for screening these facilities shall be submitted
to the Commission for review. No building permit or installation permit
shall be issued until these plans have been approved by the Commission.
|
2. Private not-for-profit clubs, private, not-for-profit recreational
land uses and community centers.
3. Golf courses which are illuminated and practice driving tees. Miniature
golf courses are excluded.
4. Public facilities when used by City, County, State or Federal Governments,
except correctional or penal buildings and those buildings used principally
for maintenance and storage purposes.
7. Bed and breakfast, subject to the following:
a. Definition. A dwelling or portion thereof that contains
guest rooms where short-term lodging, with or without meals, is provided
for compensation.
b. Purpose. The purpose of these requirements is to
minimize any possible adverse effects of a bed and breakfast on the
surrounding neighborhood while providing opportunities to make better
use of existing housing, particularly larger, older houses located
on major streets.
c. Approval standards. All applications for a conditional
use permit for bed and breakfast shall comply with the following requirements:
(1)
The use shall front on a primary arterial street if the property
is zoned "R-3" (multiple-family), or on a collector street if the
property is zoned another zoning district, or a street with a higher
functional classification as designated by the major thoroughfare
plan.
(2)
There shall be a maximum of ten (10) guest rooms in the bed
and breakfast.
(3)
The bed and breakfast shall be located in an existing structure,
i.e., additions shall not be built to provide bed and breakfast rooms
nor shall a new structure be built expressly for a bed and breakfast. "New structure" meaning a residence constructed and completed
within the last five (5) years.
(4)
No exterior alterations that would change the single-family
character of the bed and breakfast, other than those necessary to
ensure the safety of the structure, shall be made.
(5)
No residential structure shall be removed for parking or to
expand the bed and breakfast.
(6)
Maximum two (2) weeks lodging shall be permitted, no monthly
rentals.
(7)
There shall be no individual cooking facilities.
(8)
The facilities shall not be rented for receptions, parties or
similar activities unless potential negative impacts, including, but
not limited to, traffic, parking and noise, have been addressed and
the activity is specifically permitted in the use permit. The operator
may not operate a restaurant, tavern, deli or similar use but may
periodically prepare food for resident guests, guest of resident guests,
guests of parties, receptions and similar activities.
(9)
One (1) additional off-street paved parking space per guest
room shall be provided on the premises.
(10)
The operator shall live in the bed and breakfast.
(11)
Only one (1) non-illuminated sign no larger than nine (9) square
feet shall be permitted.
(12)
A business license shall be obtained annually and the owner
shall verify that the conditions of the conditional use permit are
still being met.
(13)
No bed and breakfast shall be located within two hundred fifty
(250) feet of another bed and breakfast as measured along continuous
public street right-of-way from all streets abutting the bed and breakfast
property, nor shall a bed and breakfast be located on property that
abuts property on which another bed and breakfast is located.
(14)
No food preparation or cooking for guests shall be conducted
within any bedroom made available for rent.
(15)
The applicant shall provide a floor plan showing the specific
location of the area to be used for the bed and breakfast establishment.
(16)
Outside help may be hired.
(17)
A guest register shall be maintained and made available for
inspection by the City at any time requested during normal business
hours.
E. Accessory Land Uses And Developments. Subject to compliance
with the procedures of this Section, accessory buildings, structures
and uses are permitted in conjunction with a permitted land use or
development or (unless restricted by applicable condition) a conditional
land use or development when such accessory building, structure or
use is customarily found in conjunction with the primary use, is a
reasonably necessary incident to the primary use, is clearly subordinate
to the primary use, and serves only to further the successful utilization
of the primary use. Accessory uses include the following:
1. Devices for the generation of energy, such as solar panels, wind
generators and similar devices.
3. Customary accessory buildings including private garages, carports,
pergolas, swimming pools, fireplaces and similar accessory uses.
4. Off-street parking, as required by Section
400.190.
5. Satellite receiving antenna.
F. Height Limitations For Structures. The maximum height of
structures in the "R-3" Residence District shall be as set out below.
1. No building elevation of any dwelling structure or building accessory
to a dwelling structure shall exceed three and one-half (3½)
stories or forty-five (45) feet in height, whichever is less.
2. All other structures, other than a public utility tower authorized by a conditional use permit, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section
400.220, Air Navigation Space Regulations.
G. Lot Area, Yard And Density Requirements. The minimum lot
area and yard requirements for land uses and developments in the "R-3"
Residence District shall be as set out below.
1. Minimum lot area requirements.
a. Minimum lot area. Seven thousand five hundred (7,500)
square feet.
b. Minimum lot area per family. Two thousand five hundred
(2,500) square feet.
c. Minimum lot width. Seventy-five (75) feet.
d. Minimum lot depth. One hundred (100) feet.
e. Any lot or tract of record on the effective date of this ordinance,
which contains five thousand (5,000) square feet in area or which
has fifty (50) feet of width and street frontage may nevertheless
be used for the dwelling described in this Chapter. The minimum square
footage of the dwelling shall be seven hundred and fifty (750) square
feet.
[Ord. No. 2015-31 §§1
— 2, 9-22-2015]
2. Minimum yard requirements — general.
a. Front yard. No structure shall be allowed within
twenty-five (25) feet of any roadway right-of-way line.
b. Side yard. No structure shall be allowed within
seven (7) feet of any side property line.
c. Rear yard. No structure shall be allowed within
twenty-five (25) feet of any rear property line.
3. Specific yard requirements and exceptions.
a. On corner lots a side yard of twenty (20) feet shall be provided
on the side street.
b. Where lots comprising forty percent (40%) or more of the frontage
of a block on the same side of the street are developed with buildings,
the average of the existing front yards shall be the established minimum
front yard depth for the entire frontage.
c. Notwithstanding any other provision of this Chapter, on corner lots
no structure or plant material exceeding three (3) feet in height
above the elevation of the street pavements is allowed within the
sight distance triangle.
d. Light standards for street lighting or at points of ingress and egress,
but not including parking lot lighting, are allowed within the minimum
front yard setback when approved by the Commission. Light standards
for parking lot lighting are allowed no closer than ten (10) feet
of any side or rear yard line which adjoins property in any "R" Residence
District.
e. Chimneys, sills, cornices and ornamental features may project into
a required yard a distance not to exceed twenty-four (24) inches.
f. Fire escapes and balconies may project into a required yard a distance
not to exceed three and one-half (3½) feet.
g. Porches and stoops which are not enclosed may project into a required
yard a distance not to exceed five (5) feet.
h.
A detached accessory building may not be erected within ten
(10) feet of a rear lot line and must be located at least sixty (60)
feet from the front street line.
[Ord. No. 2016-19 §§ 2
— 3, 7-12-2016]
H. Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section
400.190, Off-Street Parking and Loading Requirements.
I. Sign Regulations. Sign regulations are set forth in Section
400.210, Sign Regulations.
[CC 1988 §22.130; Ord. No. 1758 §1, 4-27-1999]
A. Scope Of Provisions. This Section contains the district
regulations of the "C-1" Neighborhood Commercial District. These regulations
are supplemented and qualified by additional general regulations appearing
elsewhere in this Chapter which are incorporated as part of this Section
by reference.
B. Statement Of Intent. The Neighborhood Commercial District
is designed to allow small retail for convenience shopping of neighborhood
residents and office and service commercial uses which are not objectionable,
because of traffic generated, volumes of customers, excessive signing,
numbers of employees, type of development or services rendered, to
exist adjacent to high density residential areas. Businesses which
require large floor areas, large lot areas, large number of employees,
or are for comparative and selective shopping are not compatible to
a residential service area and are omitted from the "C-1" District.
C. Permitted Land Uses And Developments.
1. Bakery shop (five (5) employees or less).
5. Book and stationery stores.
6. Child care centers, nursery schools and day nurseries.
7. Churches and similar places of worship.
10. Fix it shops (radio, TV, small appliances).
12. Gasoline service stations (minor repairs).
14. Grocery store, supermarkets.
15. Ice cream and candy stores.
16. Laundry and dry cleaning establishments (not employing more than
five (5) persons).
19. Medical and dental offices or clinics.
20. Miscellaneous trades and businesses such as plumbing and heating,
upholstering, sign paint shops, provided that all materials and supplies
are stored within an enclosed building.
21. Mortuaries and funeral homes.
22. Offices for business, professional, commercial, religious and instructional
purposes provided storage not occupy over thirty percent (30%) of
the floor area.
24. Restaurants and taverns but excluding drive-in eating and fast-food
establishments.
27. Studios for artist or photography.
28. Any other use which is determined by the Commission to be consistent
with the intent of this Section and which is determined to be of the
same general character as the above permitted uses.
29. Residential structures, provided that at no time the structure is determined to be substandard, due to any means within the owner's control, by the proper administrative official of the City of Eldon under any applicable code. If the residential structure is determined to be substandard, it may not be rebuilt as a residential structure. Residential structures must conform with all applicable residential standards, particularly Section
400.060.
D. Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section
400.250, Conditional Use Permits.
1. Local public utility facilities, provided that any installation,
other than poles and towers and equipment attached to the poles and
towers, shall be:
a. Adequately screened with landscaping, fencing or walls or any combination
thereof; or
c. Enclosed in a structure in such a manner so as to blend with the
complement the character of the surrounding area.
|
All plans for screening these facilities shall be submitted
to the Commission for review. No building permit or installation permit
shall be issued until these plans have been approved by the Commission.
|
2. Public facilities when used by City, County, State or Federal Governments,
except correctional or penal buildings and those buildings used principally
for maintenance and storage purposes.
3. Multiple-family dwellings.
6. Land and building uses which are first permitted in the "C-2" and
"C-3" Districts.
E. Accessory Land Uses And Developments. Subject to compliance
with the procedures of this Section, accessory buildings, structures
and uses are permitted in conjunction with a permitted land use or
development or (unless restricted by applicable condition) a conditional
land use or development when such accessory building, structure or
use is customarily found in conjunction with the primary use, is a
reasonable necessary incident to the primary use, is clearly subordinate
to the primary use, and serves only to further the successful utilization
of the primary use. Accessory uses include the following:
1. Associated work and storage areas required by a business, firm or
service to carry on business operations, provided that all materials
and supplies are stored within an enclosed building.
2. Devices for the generation of energy, such as solar panels, wind
generators and similar devices.
4. Satellite receiving dish.
5. Medical marijuana dispensary facilities subject to the use provisions outlined in Code Section
400.400.
[Ord. No. 15-2020, 5-12-2020]
F. Height Limitations For Structures. The maximum height of
structures in this district shall be as follows:
1. Unless otherwise restricted by application of regulations in Section
400.220, Air Navigation Space Regulations, the total height of equipment attached to such structure shall not exceed three and one-half (3½) stories or forty-five (45) feet in height, whichever is less, above the average finished ground elevation at the perimeter of such structure.
G. Lot Area And Lot Dimension. The minimum lot area requirements
for land uses and developments in the "C-1" District shall be as set
out below.
1. Minimum lot area requirements. Every lot or tract
of land shall have an area comprising not less that six thousand (6,000)
square feet.
2. Minimum lot dimension requirements. Every lot or
tract of land shall have dimensions sufficient to meet other requirements
of this Section.
H. Minimum Yard Requirements.
1. Front yard-general. There shall be a front yard having a depth of
not less that twenty-five (25) feet.
2. Front yard-specific regulations and exceptions
a. Notwithstanding any other provision of this Chapter, on corner lots
no structure or plant material exceeding three (3) feet in height
above the elevation of the street pavement is allowed within the sight
distance triangle.
b. When the minimum front yard setback of one (1) or more "R" Residence
District zoned properties adjoining either side of a lot in this district
is greater than twenty-five (25) feet, the required minimum front
yard setback shall be the same as the most restrictive adjoining "R"
Residence District.
c. Corner lots shall provide the setback for both streets.
d. Boundary walls or fences, six (6) feet in height or less, are allowed
within the minimum yard setback.
e. Light standards for parking lot lighting, filling station pumps,
signs are allowed no closer than fifteen (15) feet from any roadway
right-of-way line.
f. Light standards at points of ingress or egress are allowed within
the minimum front yard setback when approved by the Commission.
g. Awnings and canopies are allowed no closer than fifteen (15) feet
from any roadway right-of-way line.
3. Side and rear yards — general.
a. Side yards. There shall be side yards of not less
than seven (7) feet. The Codes Department may waive this requirements
for buildings when a common fire wall is provided.
[Ord. No. 57-2022, 9-27-2022]
b. Rear yards. There shall be a rear yard having a
depth of not less than twenty-five (25) feet.
4. Side and rear yards — specific regulations and exceptions.
a. No structure is allowed within twenty (20) feet of a property line
adjoining property in any "R" Residence District.
b. Light standards for parking lot lighting are allowed no closer than
ten (10) feet of any side or rear yard line which adjoins property
in any "R" Residence District.
c. Exterior lighting fixtures shall be shaded so that no direct light
is cast upon any property located in a "R" Residence District or upon
the street right-of-way.
I. Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section
400.190, Off-Street Parking and Loading Requirements.
J. Sign Regulations. Sign regulations are set forth in Section
400.210, Sign Regulations.
[CC 1988 §22.135; Ord. No. 1660 §1, 1-28-1997; Ord. No. 2011-08 §1, 2-8-2011]
A. Scope Of Provisions. This Section contains the district
regulations of the "C-2" Highway Commercial District. These regulations
are supplemented and qualified by additional general regulations appearing
elsewhere in this Chapter which are incorporated as part of this Section
by reference.
B. Statement Of Intent. The "C-2" Highway Commercial District
is designed for those business and commercial uses which draw their
customers from highway motorists, or are automobile orientated, or
for whom a location on a highway or arterial street is especially
useful.
C. Permitted Land Uses And Developments. The following land
uses and developments are permitted in this district.
1. Agricultural supply stores.
2. Agricultural implement sales and service.
4. Animal hospitals, provided that all kennels, pens and other facilities
for the care and treatment of animals shall be located within a completely
enclosed structure.
5. Automobile accessory stores.
6. Car and truck washing facilities.
7. Automobile, motorcycle and truck sales and rental.
8. Bakeries whose products are sold at retail on the premises.
10. Bars, cocktail lounges or taverns, provided they comply with other
ordinances regulating the same.
12. Boat sales, rental and service.
13. Bowling and recreational centers.
16. Cleaners, cleaning, dyeing or dry cleaning, self-service laundry.
19. Fast-food and drive-in eating establishments.
21. Garden stores and nurseries.
22. Gasoline, oil, diesel and liquified petroleum service stations.
26. Monument sales, retail dealers (outside display permitted).
27. Mortuaries and funeral homes.
28. Package liquor stores, provided they comply with other ordinances
regulating same.
32. Lumberyards, including builders supplies, and including incidental
millwork.
33. Radio and television sales and service.
34. Refrigeration sales and service.
36. Secondhand goods store (no outside storage).
41. Auto repair and body shop, providing that all work is done within
an enclosed building and that no inoperable autos or material are
held or stored on the site unless within an enclosed building.
42. Parking areas, including garages, but not including the outdoor storage
of wrecked or otherwise damaged or immobilized vehicles for a period
in excess of seventy-two (72) hours.
43. Private clubs and lodges.
44. Miscellaneous trades and businesses such as plumbing and heating,
upholstering, sign paint shops, provided that all materials and supplies
are stored within an enclosed building.
45. Any other use which is determined by the Commission to be consistent
with the intent of this Section and which is determined to be of the
same general character as the above permitted uses.
D. Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section
400.250, Conditional Use Permits.
1. Local public utility facilities, provided that any installation,
other than poles and towers and equipment attached to the poles and
towers, shall be:
a. Adequately screened with landscaping, fencing or walls or any combination
thereof; or
c. Enclosed in a structure in such a manner so as to blend with and
complement the character of the surrounding area.
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All plans for screening these facilities shall be submitted
to the Commission for review, No building permit or installation permit
shall be issued until these plans have been approved by the Commission.
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2. Public facilities when used by City, County, State or Federal Governments,
except correctional or penal buildings and those buildings used principally
for maintenance and storage purposes.
3. Amusement parks, permanent carnivals, kiddie parks, miniature golf,
pitch and putt courts, driving tees and ranges, drive-in theaters
and other similar outdoor amusement establishments.
4. Land and building uses which are first permitted in the "I-1" District.
5. Contractor's yards and related establishments but excluding asphalt
and concrete batch plants, provided that any installation shall be:
a. Adequately screened with landscaping, fencing or walls or any combination
thereof, or
b. Enclosed in a structure in such a manner so as to blend with and
complement the character of the surrounding area.
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All plans for screening these facilities shall be submitted
to the Commission for review. No building permit or installation permit
shall be issued until these plans have been approved by the Commission.
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6. Camping areas (for recreational vehicles and tents).
E. Accessory Land Uses And Developments. Subject to compliance
with the procedures of this Section, accessory buildings, structures
and uses are permitted in conjunction with a permitted land use or
development or (unless restricted by applicable condition) a conditional
land use or development when such accessory building, structure or
use is customarily found in conjunction with the primary use, is a
reasonably necessary incident to the primary use, is clearly subordinate
to the primary use, and serves only to further the successful utilization
of the primary use. Accessory uses include the following:
1. Associated work and storage areas required by a business, firm or
service to carry on business operations.
2. Devices for the generation of energy, such as solar panels, wind
generators and similar devices.
4. Satellite receiving dish.
F. Height Limitations For Structures. The maximum height of
structures in this district shall be as follows.
1. Unless otherwise restricted by application of regulations in Section
400.220, Air Navigation Space Regulations, the total height of equipment attached to such structure shall not exceed three and one-half (3½) stories or forty-five (45) feet in height, whichever is less, above the average finished ground elevation at the perimeter of such structure.
2. A public utility tower authorized by conditional use permit may be erected to any height not in conflict with the application of regulations in Section
400.220, Air Navigation Space Regulations.
G. Lot Area And Lot Dimension. The lot area dimension requirements
for land uses and developments in this District shall be as follows.
1. Minimum lot area requirements. Every lot or tract
of land shall have an area sufficient to meet other requirements of
this Section.
2. Minimum lot dimension requirements. Every lot or
tract of land shall have dimensions sufficient to meet other requirements
of this Section.
H. Minimum Yard Requirements.
1. Front yard — general. No structure is allowed
within thirty (30) feet of any roadway right-of-way line. Corner lots
shall provide the setback for both streets.
2. Front yard — specific regulations and exceptions.
a. Notwithstanding any other provision of this Chapter, on corner lots
no structure or plant material exceeding three (3) feet in height
above the elevation of the street pavement is allowed within the sight
distance triangle.
b. Boundary walls or fences, six (6) feet in height or less, are allowed
within the minimum front yard setback.
c. Light standards for parking lot lighting, filling station pumps are
allowed no closer than twenty-five (25) feet from any roadway right-of-way
line.
d. Awnings and canopies are allowed no closer than fifteen (15) feet
from any roadway right-of-way line.
e. Light standards at points of ingress or egress are allowed within
the minimum front yard setback when approved by the Commission.
f. Motor vehicles, mobile homes, trailers, equipment and boats stored
or displayed in the open shall be located not less than five (5) feet
from the roadway right-of-way.
3. Side and rear yards — general.
a. There shall be side yards of not less than five (5) feet. The Codes
Department may waive this requirement for buildings when a common
fire wall is provided.
[Ord. No. 57-2022, 9-27-2022]
b. No structure or any storage or display of merchandise, equipment
or vehicles is allowed within twenty (20) feet of a property line
adjoining property in any "R" Residence District.
4. Side and rear yards — specific regulations and exceptions.
a. Any area used for outdoor storage or display of merchandise, equipment
or vehicles which is abutting property in any "R" Residence District
shall be effectively screened by a five (5) foot high sightproof fence
the use of landscaping or walls in lieu of fencing.
b. Light standards for parking lot lighting are allowed no closer than
ten (10) feet of any side or rear yard line which adjoins property
in any "R" Residence District.
c. Exterior lighting fixtures shall be shaded so that no direct light
is cast upon any property located in a residence district or upon
the street right-of-way.
I. Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section
400.190, Off-Street Parking and Loading Requirements.
J. Sign Regulations. Sign regulations are set forth in Section
400.210, Sign Regulations.
[Ord. No. 1823, 11-14-2000]
A. Establishment Of Limited Historical Use Overlay District. There is hereby established the Limited Historical Use Overlay District,
a district subject to the regulations of this zoning ordinance.
1. Intent. This district is intended to protect and
promote the health, safety and general welfare of the public; to enhance
the visual appearance of the district; to protect and promote the
character and vistas and prevent unnecessary clutter and congestion
along the district and the surrounding neighborhoods.
2. District boundaries. The Limited Historical Use
Overlay District boundaries shall be as described in the Zoning Map
approved by ordinance.
3. Overlay district. The Limited Historical Use Overlay
District is hereby established. It shall be in addition to and shall
overlay all other zoning districts where it is applied so that any
parcel of land lying in the Limited Historical Use Overlay District
shall also lie within one (1) or more of the other zoning districts
provided by this Chapter. The effect shall be the creation of new
zoning districts consisting of the regulations and requirements of
both the underlying district and the Limited Historical Use Overlay
District.
4. Standards to apply. Where the standards of the Limited
Historical Use Overlay District and the underlying districts differ,
the more restrictive standard shall apply except as specifically provided
herein.
5. Exemption to standards. Except as specifically noted,
single-family, two-family residential uses and planned unit developments
shall not be subject to the standards of the Limited Historical Use
Overlay District. However, at any time that a single-family, two-family
residential use, planned unit development or mobile home use is to
be converted to another use, it will be subject to the standards of
the Limited Historical Use Overlay District. Town house developments
and residential condominium developments will be subject to the standards
of the Limited Historical Use Overlay District.
6. Uses permitted. The following uses are permitted
in the Limited Historical Use Overlay District:
a. Uses permitted by right. The uses permitted in the
Limited Historical Use Overlay District shall be the same uses permitted
in the applicable underlying zoning districts and the following: antiques
stores, bed and breakfast, book or stationery stores, gift shops,
and tea rooms.
b. Permitted accessory uses. The accessory uses permitted
in the Limited Historical Use Overlay District shall be the same as
the accessory uses permitted in the applicable underlying zoning districts.
c. Uses permitted by conditional use permit. The conditional
uses permitted in the Limited Historical Use Overlay District shall
be the same as the conditional uses permitted under the applicable
underlying zoning districts.
7. Location of off-street parking facilities. To ensure
adequate space, no paving or off-street parking facilities shall be
located within twenty-five (25) feet of any residential district.
8. Screening of loading, storage and utility areas. All loading areas, outside storage areas, refuse storage areas and
utility (electrical, mechanical, heating, air-conditioning, ventilation
equipment) areas must be wholly screened from view of all public streets
and residential districts. Screening shall consist of either board
fence, masonry wall, dense evergreen plant materials or other such
materials as may provide equivalent screening.
9. Exterior lighting. Exterior lighting shall be controlled
so that no direct illumination will occur beyond any property line.
10. Industrial, commercial and multi-family districts adjacent
to single-family and two-family residential districts. In
all instances where an industrial, commercial or a multi-family residential
district is adjacent to a single-family residential district, two-family
residential district or a limited access highway, there shall be required
a sixty-five (65) foot setback within the industrial, commercial or
multi-family residential district.
11. Front setback. The front building setback and parking
setback shall be forty (40) feet.
12. Utilities. All utilities shall be located underground
unless proven that it is economically infeasible.
13. Architectural treatment. No portion of a building
constructed of unadorned cinder block, corrugated metal or sheet metal
shall be visible from any adjoining single-family or two-family residential
district or public right-of-way. Buildings shall be designed to utilize
to the greatest extent feasible building materials which are compatible
with surrounding neighborhood development.
14. No residential structure shall be removed for parking or to expand
the commercial use.
15. Only non-illuminated signs no larger than nine (9) square feet shall
be permitted. All signs shall be of such a nature as to not detract
from the character of the neighborhood.
16. Off-street parking and loading requirements.
a. Any commercial use within this district shall demonstrate sufficient
parking to limit the impact on the surrounding neighborhood.
b. Notwithstanding any requirements to the contrary, no additional off-street
parking shall be required if the owner can show:
(1)
The need for the additional parking occurs only on an irregular
basis or at a time that is consistent with low parking requirements
within the neighborhood; or
(2)
Alternative suitable parking can be provided within a reasonable
distance from the facility.
[CC 1988 §22.150]
The regulations hereafter established shall apply within all
districts established by this Chapter or by amendment thereto. These
general regulations supplement and qualify the district regulations
appearing elsewhere in this Chapter.
[CC 1988 §22.160; Ord. No. 1389, 3-27-1990]
A. Scope Of Provisions. This Section contains miscellaneous
regulations generally applicable to various Sections of this Chapter.
B. Every
single-family dwelling hereafter erected or structurally altered shall
be located on a separate lot or tract. In no case shall there be more
than one (1) single-family dwelling on one (1) lot or tract except
for accessory buildings or uses, as defined herein, and except for
any structure authorized as part of a planned unit development requiring
submission to the Planning Commission of any type of site development
plan for review and approval.
C. No
accessory land use or development shall be established until a primary
structure or use is established on the same lot. No accessory land
use or development shall be allowed to continue after termination
of the primary use or development on a lot.
D. In
the event two (2) or more permitted, conditional or accessory uses
are conducted on the same tract of land, each having a different minimum
lot area requirement, the minimum lot area regulations for the combined
uses shall be the largest of the required minimum areas for each of
the particular uses.
E. Land
dedicated to street right-of-way shall not be included in computing
minimum lot area for the purposes of this Chapter. However, if through
dedication of street right-of-way, the area of any lot or parcel already
established via the provisions of the subdivision ordinance is decreased
below the minimum area required in the applicable zoning district,
development rights shall not be denied.
F. Where
a line has been established for future widening or opening of a street
upon which a lot abuts, the required yard space shall be measured
from the established future street line. Required yard space shall
be measured from private roadway easement boundaries or from road
maintenance or other road-related easements where such easements abut
public road rights-of-way.
G. Each
corner lot shall have a rear yard and a side yard with minimum setback
requirements of the applicable zoning district. The side and rear
yards shall be identified by the owner of the corner lot when plans
are submitted for the first (1st) building on the property.
H. All
illumination structures, except for approved street lights, shall
be so arranged as not to cast light directly from any source of illumination
on any public right-of-way or on adjacent properties in any "R" residence
district.
I. Deed
restrictions shall not have the effect of overruling any provision
of the zoning ordinance; it is not the intent of the ordinance to
supersede any deed restrictions that are more stringent.
J. Every
part of a required yard shall be open to the sky, unobstructed except
as follows:
1. Ordinary projections of skylights, sills, belt courses, cornices
and ornamental features projecting not to exceed twenty-four (24)
inches.
2. Ordinary projecting of chimneys and flues, not to exceed twenty-four
(24) inches in width, projecting not to exceed twenty-four (24) inches.
3. Roof overhangs projecting not to exceed twenty-four (24) inches,
except that roof overhangs on the south side of a building may project
forty-eight (48) inches into a side or rear yard but no closer than
sixty (60) inches to a property line.
4. Slab type porches or paved terraces having a maximum height of not
more than twelve (12) inches above ground elevation at any point may
project into any yard, except that the projection into the front yard
shall not exceed ten (10) feet.
5. In all "R" residence districts air-conditioning units extending into
side or rear yards a maximum of twenty-four (24) inches, with air-conditioning
units including mounting pedestals not to exceed forty-eight (48)
inches in height above ground elevation, within said side or rear
yards but no closer than sixty (60) inches to a property line.
6. Driveways, ramps, sidewalks and parking lots as otherwise permitted
by this Chapter.
K. Temporary
structures, as set forth below, which are to be used in connection
with the development and sale of a tract of land may be erected or
located on said tract prior to and may remain thereon during the construction
or development period.
1. Temporary buildings or trailers may be used as construction offices,
field offices or for storage of materials to be used in connection
with the development of said tract, provided that said temporary structures
are removed from said tract within eleven (11) months from date of
permit for their erection. Temporary buildings or trailers must also
be removed from said tract within thirty (30) days of project completion,
or after revocation of building permits, or on order by the Codes
Department upon a finding by same that said temporary structure is
deemed hazardous to the public health and welfare. Permits for temporary
structures may be renewed by the Codes Department for a period not
to exceed thirty (30) days.
[Ord. No. 57-2022, 9-27-2022]
2. Temporary real estate offices or sales offices may be established
in a display dwelling unit or temporary building. Said offices must
be closed and the operation discontinued and all temporary structures
and facilities must be removed from the tract: (a) within thirty (30)
days after all lots or dwelling units have been sold, rented or leased;
or (b) after the passage of thirty (30) days from the date of the
last transaction after ninety percent (90%) of the development has
been sold, rented or leased.
3. No temporary buildings or trailers shall at any time be located closer
than twenty-five (25) feet to a property line of any adjacent property,
notwithstanding the required setbacks of the zoning district in which
such temporary building or trailer is located.
4. Any other provisions of the law notwithstanding, a building permit
shall not be required for buildings or trailers permitted in paragraph
(1) of this Subsection.
L. In
each instance in which approval of use or development of property
is made subject to conditions by the Board of Aldermen or Planning
Commission in the approval of a conditional use permit, residential
mobile home park or planned unit development, a copy of the approved
ordinance, resolution, order or permit shall be furnished by the property
owner or owners of petitioner to the operator, owner and manager,
including successor operators, owners, and managers. Each successor
shall forward to the Zoning Enforcement Officer an acknowledgement
that he/she has read and understood each of the conditions relating
to the use and development of the property affected by the ordinance,
resolution, order or permit and agrees to comply therewith.
M. Litter — Etc.
1. In this Subsection, the word "litter" means and
includes garbage, trash, refuse, junk, brush, inoperative machinery
or other waste material, the phrase "otherwise lawful" means in compliance with applicable zoning district regulations and
with all rules, regulations, ordinances, conditions, permits and licenses
applicable to the property or activity, whether arising from this
Chapter or any other ordinance.
2. Except as provided in this Subsection:
a. No persons shall throw or deposit litter on any vacant or occupied
property whether owned by such person or not.
b. The owner or person in control of any private property shall at all
times maintain the premises free of litter.
3. It shall be lawful:
a. To accumulate or store non-putrescible litter in a sightproof structure
or container.
b. To accumulate or store litter produced as an incident of the otherwise
lawful use of the same premises where stored, where such storage is
pending removal or disposal and does not exceed seven (7) days, provided
the litter is placed or stored in a container or otherwise screened
from the view of persons upon adjacent property or rights-of-way.
c. To operate an otherwise lawful, sanitary landfill, building demolition
material site, vehicle or machinery repair facility, construction
material stockpile, sewage treatment facility, salvage yard or junk
yard.
d. To store material to be used in an otherwise lawful agricultural
or nursery operation on the premises devoted to such use.
N. Temporary Uses.[Ord. No. 57-2022, 9-27-2022]
1. Amusement devices. Upon approval by the Board of Aldermen, the Codes Department is authorized to issue a permit for the installation of amusement devices on a temporary basis within any zoning district, provided that said permit shall not be valid for more than fourteen (14) consecutive calendar days and, further provided, that no permit shall be valid without a license to operate said amusement devices as required by Chapter
605, Licenses and Permits. The Director may, in regard to any given site, designate the hours and days of the week of operation and the specific location of the amusement devices on the property. For the purpose of this paragraph, "amusement device" includes those devices enumerated in Section
400.140 (D)(3) and any similar device.
2. Amusement activities. The Codes Department is authorized
to issue a permit for the operation or conducting of an amusement
activity on a temporary basis within any zoning district. The Codes
Department may request a report be submitted by the City Marshall
with respect to any traffic or public safety aspect of the proposal,
if appropriate. For the purpose of this paragraph, "amusement activity"
includes a circus, carnival, fair, turkey shoot, art display, trade
or animal show, concert, dance, rally, parade, athletic competition
and any similar activity not involving the erection of any permanent
structure or facility. The permit shall be issued for a specific period
of time not exceeding fourteen (14) days. The permit shall contain
such conditions as are necessary for protection of public health,
safety and traffic, and the Codes Department may require such assurance
or guarantee of compliance with conditions as is reasonable and appropriate
under the circumstances. This permit is in addition to any building
permit or license required by law for any proposed activity or facility.
These provisions applicable to the period of time shall not apply
to turkey shoots conducted on all Saturdays and Sundays falling within
the months of October, November and December of each year.
3. Not-for-profit organization — yard sales. The
Codes Department is authorized to issue a permit to any church, school
or other not-for-profit organization for the establishment or conducting,
on a temporary basis within any zoning district, a yard sale for the
sale of items for charitable purposes. The Codes Department may request
a report be submitted by the City Marshall with respect to any traffic
or public safety aspect of the proposal, if appropriate. For the purpose
of this paragraph, "sale of items" includes such items as plants,
pumpkins, barbecue, fish fry and bake sale. The permit shall be issued
for a specific period of time not exceeding fourteen (14) consecutive
calendar days. The permit shall contain such conditions as are necessary
for protection of public health, safety and traffic, and the Codes
Department may require such assurance or guarantee of compliance with
conditions as is reasonable and appropriate under the circumstances.
4. Not-for-profit organization — Christmas tree sales
lot. The Codes Department is authorized to issue a permit
to any not-for-profit organization for the installation of a Christmas
tree sales lot on a temporary basis within any zoning district, provided
that said permit shall be valid for no more than thirty-five (35)
days prior to Christmas day and five (5) days after Christmas day.
The permit shall contain such conditions as are necessary for protection
of public health, safety and traffic, and the Codes Department may
require such assurance or guarantee of compliance with conditions
as is reasonable and appropriate under the circumstances. The permit
may include the installation of one (1) temporary or portable sign
not to exceed thirty (30) square feet in outline area. The location
of the sign shall be as approved by the Codes Department.
O. Harboring Animals. Not withstanding any other provision
of this Chapter, it shall be unlawful for any person to harbor any
animal, domesticated or non-domesticated, in a residentially zoned
area for longer than twelve (12) hours, with the exception of those
animals normally kept as pets, in an area of less than one and one-half
(1½) acres for the first (1st) such animal and an additional
one-half (½) acre for each animal above one (1). Any shelter
or structure utilized by said animals shall be a minimum of one hundred
fifty (150) feet from the nearest property line. This Section shall
not apply to publicly held property.
[Ord. No. 2048, 8-22-2006]
A. The
following industries, when locating or expanding within the enhanced
enterprise zone to be known as the Eldon/Miller County Zone as designated
by the State of Missouri, will be considered eligible for a reduction
in ad valorem taxes per criteria stated below and pursuant to Chapter
135, RSMo., and subsequent amendments:
B. Qualifying
Industries by NAICS Code:
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11
|
Ag, forestry fishing and hunting
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|
21
|
Mining
|
|
22
|
Utilities
|
|
23
|
Construction
|
|
31 — 33
|
Manufacturing
|
|
42
|
Wholesale
|
|
48 — 49
|
Transportation and warehousing
|
|
51
|
Information
|
|
52
|
Finance and insurance
|
|
53
|
Real estate, rental and leasing
|
|
54
|
Professional, scientific and technical services
|
|
55
|
Management of companies and enterprises
|
|
56
|
Administrative and support and waste management and remediation
services
|
|
61
|
Educational services
|
|
62
|
Health care and social assistance
|
|
71
|
Arts, entertainment and recreation, excluding gaming operations
|
|
72
|
Accommodation and food service
|
|
81
|
Other services except public administration
|
|
92
|
Public administration
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C. By
Section 348.015 (14) of the RSMo.:
Value-Added agricultural products
D. This
Section allows that any business enterprise within the above-itemized
NAICS codes located within the proposed zone and meeting requirements
of Chapter 135, RSMo., as amended, will receive fifty percent (50%)
real ad valorem tax abatement on new improvements for ten (10) years.
[CC 1988 §22.170; Ord. No. 2014 §1, 1-10-2006; Ord. No. 2039 §§1 — 2, 6-13-2006; Ord. No. 56-2022, 9-27-2022]
A. Scope Of Provisions. The provisions of this Section shall apply to
all non- conforming uses, lands and structures. A non-conforming land
use or structure is one which existed lawfully, whether by variance
or otherwise, on the date this zoning ordinance or any amendment thereto
became effective, and which fails to conform to one (1) or more of
the applicable regulations of the zoning ordinance or such amendment
thereto. Such non-conformities may be incompatible with and detrimental
to permitted land uses and structures in the zoning districts in which
they are situated; they inhibit present and future development of
nearby properties; and they confer upon their owners and users a position
of unfair advantage.
B. Statement Of Intent. It is the intent of this Section to permit non-conformities
to continue until they are removed (except as otherwise here provided)
but not to encourage their survival. Such non-conformities are declared
by this Chapter to be incompatible with the permitted structures and
uses of land and structures in the districts involved. It is further
the intent of this Section that such non-conformities shall not be
enlarged upon, expanded or extended, except as provided for herein,
nor to be used as grounds for adding other structures or uses prohibited
elsewhere in the same district.
C. General Provisions.
1.
An existing non-conforming land use or structure shall not cause
further departures from the zoning ordinance. An existing non-conformity
may be continued although such use does not conform to the provisions
hereof. If no structural alterations are made, a non-conforming use
of a building may be changed to another non-conforming use of the
same or of a more restricted classification. Whenever a non-conforming
use has been changed to a more restricted use or to a conforming use,
such use shall not thereafter be changed to a less restricted use.
2.
The existence of any present non-conformity anywhere in the
City shall not itself be considered grounds for the issuance of a
variance for other property.
3.
A non-conformity shall not be deemed to have existed on the
date this zoning ordinance or any amendment thereto became effective,
unless:
a.
It was in being on a continuous basis and to its fullest extent
on such date.
b.
If such non-conformity is a use, such use had not been abandoned
as hereinafter defined.
Provided however, that nothing in this Chapter shall be deemed
to require a change in the plans, construction or designated use of
any structure on which actual construction was lawfully begun in good
faith prior to such date, if such construction diligently prosecuted
to completion within two (2) years following such date. "Actual construction"
is hereby defined to include the placing of construction materials
so that they are in a permanent position and fastened to the earth
in a permanent manner.
4.
A non-conforming use of land shall not be enlarged, extended
or altered and a structure or part thereof devoted to a non-conforming
use shall not be enlarged, extended, constructed, reconstructed or
structurally altered, except:
a.
As may be required by law.
b.
In changing the use to one which is permitted in the district
in which such use is situated.
c.
To the extent hereinafter permitted.
d.
To provide off-street parking or loading space.
5.
A non-conforming use of land shall not be moved to another part
of a lot or outside the lot, and a non-conforming use of a structure
shall not be moved to any part of the structure not manifestly arranged
and designed for such use at the time the use became non-conforming,
but no such use shall be extended to occupy land outside of such building
or structure.
6.
Should any such structure be moved for any reason for any distance
whatever, it shall thereafter conform to the regulations and standards
for the district in which it is located after it is moved.
7.
Where any change is proposed to be made to a use that is permitted in the district only by a conditional use permit, such change may be made only through a conditional use permit granted pursuant to the procedure delineated by Section
400.250 of this Chapter.
8.
The number of dwelling units in a non-conforming residential
structure shall not be increased over the number of dwelling units
in the structure at the time of the structure becoming a non-conforming
structure.
9.
Nothing in this Chapter shall be deemed to prohibit the restoration
of any structure and its use where such structure has been destroyed
or damaged by any means out of the control of the owner, further such
restoration shall be allowed, provided the restoration of such structure
and its use in no way increases any former non-conformity or exceeds
lot setbacks and; provided, further, that restoration of such structure
is begun within six (6) months of such destruction or damage and diligently
prosecuted to completion within two (2) years following such destruction
or damage. When a structure is determined to be substandard by the
proper administrative official of the City of Eldon under any applicable
ordinance of the City, such non-conforming structure shall not be
restored for the purpose of continuing a non-conforming use.
D. Abandonment Of Non-Conforming Uses.
1.
Any non-conforming use which has been abandoned shall not thereafter
be re-established. Any structure or land, or structure and land in
combination, which was formerly devoted to a non-conforming use which
has been abandoned, shall not again be devoted to any use other than
those uses which are permitted in the district in which the structure
or land, or structure and land in combination, is situated.
2.
The term "abandonment," as used herein, shall mean the voluntary
discontinuance of a use when accompanied by an intent not to re-establish
such use. Any one (1) of the following shall constitute prima facie
evidence of intent to abandon:
a.
Any positive act indicating such intent; or
b.
Any conscious failure to take all necessary steps to resume
the non-conforming use with reasonable dispatch in the circumstances,
including advertising of the property for sale or for lease; or
c.
In the case of a structure or of a structure and land in combination,
discontinuance of the non-conforming use for six (6) consecutive months;
or
d.
In the case of land only, discontinuance of the non-conforming
use for ninety (90) consecutive days or for a total of six (6) months
during any one (1) year period.
e.
Any non-conforming use will terminate at the time a lot, parcel,
structure or structures or lot or parcel containing a structure or
structures is sold, deeded or otherwise transferred, and the lot,
parcel, structure or structures or lot or parcel containing a structure
or structures will revert to the conforming use of the zoning area
in which it is located.
[CC 1988 §22.185; Ord. No. 2020 §1, 2-28-2006]
A. Scope Of Provisions. This Section contains the regulations
of the conditional use permit procedure. These regulations are supplemented
and qualified by additional general regulations appearing elsewhere
in this Chapter which are incorporated as part of this Section by
reference.
B. Statement Of Intent. It is hereby declared that certain
land uses and developments present unique problems with respect to
their proper location and relationship to other land uses. Therefore,
analysis and judgment of the consequences of each development and
use is necessary to preserve and to promote the public health, safety
and general welfare. Such land uses and developments are identified
in each particular zoning district under conditional land use and
development permits issued by the Commission.
C. Height Limitation For Structures. Unless otherwise restricted by application of regulations in Section
400.220, Air Navigation Space Regulations, the total height of any structure shall be limited by the conditions governing the particular development or use authorized by conditional use permit. However, the total height of any structure authorized by conditional use permit shall not exceed the least restrictive regulations of the particular zoning district in which the conditional development or use is located.
D. Lot Area, Lot Dimension, Development Limitation And Yard Requirements. Any development or use authorized by conditional use permit shall
abide by the lot area, lot dimension, development limitation and yard
requirements of the particular zoning district in which the conditional
development or use is located. However, these requirements may be
made more restrictive in the conditions governing the particular development
or use authorized by conditional use permit.
E. Off-Street Parking And Loading Requirements. The minimum off-street parking and loading requirements, including required setbacks for parking areas, loading spaces and internal drives for any development or use authorized by conditional use permit, shall not be reduced below the minimum requirements as set forth in Section
400.190, Off-Street Parking and Loading Requirements. However, these requirements may be made more restrictive in the conditions governing the particular development or use authorized by conditional use permit.
F. Sign Regulations. Specific sign regulations shall be established in the conditions governing the particular development or use authorized by conditional use permit in accord with the provisions of Section
400.210, Sign Regulations. However, in no instance shall they be less restrictive than the sign regulations of the particular zoning district in which the conditional development or use is located.
G. Procedures. The granting of a conditional use permit may
be initiated by a verified application of one (1) or more of the owners
of record or owners under contract of a lot or tract of land, or their
authorized representatives, or by a resolution of intention by the
Planning Commission or the Board of Aldermen. Procedures for application,
review and approval of a conditional use permit shall be as follows:
1. Application. Application for a conditional use permit
for a specific tract of land shall be addressed to the City of Eldon
Planning Commission and filed in the office of the Codes Department.
The application shall be filed on forms prescribed for that purpose
by the Planning Commission and be accompanied by the following:
[Ord. No. 57-2022, 9-27-2022]
a. Filing fee per requirements of Section
400.290, Fees.
b. Legal description of the property.
c. Outboundary plat of the property.
d. Preliminary development plan including, but not limited to, the following:
(1)
Proposed uses. Approximate location and designated
uses of buildings and other structures as well as parking and open
ares shall be indicated.
(2)
Proposed ingress and egress to the site, including adjacent
streets.
(3)
Preliminary plan for provision of utilities.
(4)
Proposed landscaping and screening.
2. Public hearing. A public hearing on the application shall be held by the Planning Commission in accordance with the provisions of Section
400.320, Procedure for Amending the zoning ordinance, except that the posted public notice signs shall indicate that the public hearing is for a conditional use permit. The public hearing shall be held within thirty (30) days of verification by the Codes Department that the petition meets the minimum application requirements. The public hearing requirements shall be the same if a petition for a conditional use permit is initiated by resolution of intention by the Planning Commission or the Board of Aldermen.
[Ord. No. 57-2022, 9-27-2022]
3. Approval or denial of application. Subsequent to
review of application the Planning Commission shall file a report
with the Board of Aldermen in which the Commission shall grant or
deny each application for a conditional use permit and state the reasons
therefore. The Planning Commission may permit those developments and
uses where such developments and uses are deemed consistent with good
planning practice; can be operated in a manner that is not detrimental
to the permitted developments and uses in the district; can be developed
and operated in a manner that is visually compatible with the permitted
uses in the surrounding area; and are deemed essential or desirable
to preserve and promote the public health, safety and general welfare
of the City of Eldon. In approving such conditional uses, the Planning
Commission shall impose such conditions as it determines necessary.
Said conditions shall include, but not be limited to, the following:
c. Minimum yard requirements.
d. Off-street parking and loading requirements.
f. Minimum requirements for site development plans.
g. Time limitations for commencement of construction.
4. Permit effective — when. Unless a duly filed
protest is received by the City Clerk, a conditional use permit or
an amendment thereto shall become effective after fifteen (15) days
of an affirmative vote by the Board of Aldermen. In the event that
a conditional use permit is filed in conjunction with a required change
of zoning, the permit shall not become effective until the date of
enactment of the ordinance authorizing the zoning change.
5. Effect of denial. Upon denial by the Planning Commission
of an application for a conditional use permit, the Commission shall
notify the applicant of the denial. If no appeal is filed from the
denial, no subsequent application for a permit with reference to the
same property or part thereof shall be filed by any applicant until
the expiration of twelve (12) months after the denial. No provision
herein shall be construed to prevent the Planning Commission or the
Board of Aldermen from initiating the procedure provided in this Section
by a resolution of intention at any time.
H. Appeal Or Protest Of Planning Commission Decision.
1. Appeal by petitioner from decision of denial. The petitioner may file an appeal to the Board of Aldermen of a Planning Commission denial of an application for a conditional use permit or an amendment thereto in accord with the provisions of Section
400.270, Appeal and Protest Process for Special Procedures.
2. Protest by specified nearby property owners to decision of
approval. Specified nearby property owners may file a protest with the Board of Aldermen against the Planning Commission's approval of an application for a conditional use permit or an amendment thereto in accord with the provisions of Section
400.270, Appeal and Protest Process for Special Procedures.
I. Site Development Plans. Subsequent to the effective date
of the conditional use permit, a site development plan shall be submitted
for review and approval to the Planning Commission or the Codes Department
as specified in the conditions of the permit. The plan shall contain
the minimum requirements established in the conditions governing the
conditional use permit. No building permits or authorization for improvement
or development for any use requested under provisions of this permit
procedure shall be issued prior to approval of such plan. The approved
plan shall be retained on file by the Codes Department.
[Ord. No. 57-2022, 9-27-2022]
J. Procedure To Amend The Conditions Of Conditional Use Permit Or Site
Development Plan. In order to amend the conditions of an
existing conditional use permit or to amend the site development plan
approved for a conditional use permit, the procedure shall be as follows:
1. To amend conditions of a conditional use permit:
a. The property owner or authorized representative shall submit a written
request to amend conditions to the Codes Department for review. The
department shall evaluate the request for consistency in purpose and
content with the nature of the proposal as originally presented.
[Ord. No. 57-2022, 9-27-2022]
b. The department shall then forward the request and its report to the
Planning Commission. The Planning Commission shall review the proposed
condition amendments and file a report with the Board of Aldermen
in which the Commission shall grant, deny or modify the requested
condition amendments.
2. To amend the site development plan:
[Ord. No. 57-2022, 9-27-2022]
a. The property owner or authorized representative shall submit an amended
site development plan to the Codes Department for review. The department
shall evaluate the request for consistency in purpose and content
with the nature of the proposal as originally presented.
b. If the Codes Department determines that the proposed amendment to
the site development plan is not in conflict with the original proposal
and the preliminary development plan and meets all conditions of the
conditional use permit, the department may approve said amended plan.
The approved plan shall be retained on file by the Codes Department.
c. If the Codes Department determines that the proposed amendment to
the site development plan is not consistent in purpose and content
with the nature of the proposal as originally presented or with the
preliminary development plan, the department shall so report to the
applicant and the Planning Commission. The Planning Commission shall
review the proposed site plan amendment and make a final determination.
K. Appeal To Commission Of A Decision By The Department In Reviewing
Development Plans. The petitioner/developer may appeal to
the Planning Commission a decision by the Codes Department in cases
where the Codes Department is authorized to review development plans.
The petitioner shall have a fifteen (15) day period in which to file
a written appeal and plan with the Commission. The written appeal,
stating the reasons for the appeal, shall be submitted to the department.
The Commission shall make the final determination of the matter. No
exceptions may be granted that are in violation of the particular
permit governing the development plan.
[Ord. No. 57-2022, 9-27-2022]
L. Time Limit Of Conditional Use Permits. Conditional use permits
shall be valid for an unlimited period unless a lesser period shall
be provided in a particular permit. Upon the expiration of the time
limit specified in a particular permit, the property owner may request
that the conditional use permit be reviewed by the Planning Commission
which may extend it for an unlimited period or for a specified additional
period of years.
M. Failure To Commence Construction. Unless otherwise stated
in the conditions of a particular conditional use permit, substantial
work or construction shall commence with two (2) years of the effective
date of the permit, unless such time period is extended through appeal
to and approval by the Planning Commission. If no extension of time
is received or granted within six (6) months subsequent to the two
(2) year period following the effective date of the conditional use
permit, the permit shall terminate.
N. Development Of Conditional Uses And Permitted Land Uses On Same Tract
Of Land. Nothing shall prevent the establishment of land
uses or developments authorized by conditional use permit on the same
tract of land with one (1) or more permitted land uses and developments
specified in the regulations of the governing zoning district. However,
the development or use authorized by conditional use permit shall
abide by the conditions of the permit and the permitted land use and
development shall adhere to the regulations of the governing zoning
district. A permitted land use or development existing at the time
of submittal of a site development plan for a development or use authorized
by conditional use permit shall be shown on the plan. No permitted
use or development shall at any time cause the violation of any condition
imposed by a conditional use permit.
[CC 1988 §22.210; Ord. No. 2013-07 §1, 2-12-2013]
A. In
the administration of the provisions of this Chapter, the Planning
and Zoning Director shall collect fees, at the time of the filing
of a petition or an application, for the various procedures as stated
in this Section.
B. The
filing fees for a petition for change of zoning district boundaries
or district classification shall be three hundred dollars ($300.00).
C. The
application fee for a conditional use permit shall be three hundred
dollars ($300.00).
D. The
application fee for a planned unit development shall be three hundred
dollars ($300.00) plus any fee assessed for a rezoning petition, if
applicable.
E. The
application fee for a Residential Mobile Home District shall be three
hundred dollars ($300.00) plus the fee assessed for a rezoning petition.
F. The
application fee for variance shall be three hundred dollars ($300.00).
G. The
application fee for lot split shall be three hundred dollars ($300.00).
H. The
application fee for lot combination shall be three hundred dollars
($300.00).
I. The
application fee for alley vacation shall be three hundred dollars
($300.00).
J. This
list is non-exclusive.
K. Refund of filing fee(s). The fees to be charged for the
application procedures in this Chapter are not refundable, except
where a petition or application is withdrawn prior to advertising
or posting of public hearing notices for the petition, and then only
by order of the Board of Aldermen. Final plat approval may be withheld
pending payment of these items.
[Ord. No. 27-2022, 5-24-2022]
A. Use For Living Or Sleeping Prohibited On Private Property. No recreational vehicle, camper shell, automobile or similar device shall be used for living or sleeping quarters on private property, except in a lawfully operated mobile home park, travel trailer park, campground, or safe parking facility. This shall include tents or man-made structures that do not meeting the minimum requirements for residential housing as described in Section
400.060,
400.090,
400.100,
400.110,
400.120,
400.130 of the Eldon Municipal Code. An overnight tenting experience for a child or family will be permitted by this Section.
B. Overnight
Camping Prohibited On Specified Public Properties. Within City streets,
areas of the public right-of-way, and City-owned parking areas, parking
of vehicles for purposes of overnight camping or sleeping is prohibited
by and shall be subject to enforcement.
C. Exception—Recreational
Vehicle As Temporary Dwelling. A recreational vehicle may be parked
in a residential parking space or driveway for periods not to exceed
seven (7) days in any one-month period for the purpose of housing
guests of on-site residents only. Such recreational vehicle shall
not be parked to prevent residents of any other dwellings on the site
from using their assigned parking spaces, nor shall it discharge waste
or sewage into the City’s sewage system. If the property owner
allows the connection to the electric and water system that is allowed
during this 7-day period. At no time will it be allowed for the RV
to be connected to the Eldon Missouri sewer or waste system.
[Ord. No. 15-2020, 5-12-2020]
A. Purpose. The medical marijuana facilities regulations are established
to promote the health, safety, morals and general welfare of the citizens,
visitors, and businesses of the City. This Section is intended to
govern and provide locations within the City of Eldon where medical
marijuana facilities can successfully provide their intended services
to the citizens and visitors of Eldon while maintaining the standard
of life to which they have become accustomed.
B. Medical Marijuana Dispensary Facility. This use will only be permitted
in the C-2 and I-1 zoning districts after meeting the following minimum
requirements:
1.
No medical marijuana dispensary facility shall be permitted
within two hundred (200) feet, measured from property line to property
line, of any religious institution, elementary or secondary school,
or child day-care facility.
2.
Properties proposed to contain a medical marijuana dispensary
facility must be located in one of the previously established zones
and also meet one of the following:
a.
Be located within one thousand (1,000) feet from the State Highway
Business Highway 54.
C. Medical Marijuana Cultivation Facility. This use will only be permitted
in the A-1 and I-1 zoning districts after meeting the following minimum
requirements:
1.
Properties proposed to contain a medical marijuana cultivation
facility must be located in one of the previously established zones
and also meet the following:
a.
The facility, measured from its outer walls, must be a minimum
of one thousand (1,000) feet from any property containing a religious
institution, elementary or secondary school, or child day-care facility.
b.
The facility, measured from its outer walls, must be a minimum
of one thousand (1,000) feet from any property that is zoned residential.
This will also include properties zoned residential that contain a
previously established residential use and properties zoned A-1 and
C-2 that have been approved for a special use permit for a residential
use in a commercial zone.
D. Medical Marijuana-Infused Products Manufacturing Facility. This use
will only be permitted in the I-1 zoning district after meeting the
following minimum requirements:
1.
Properties proposed to contain a medical marijuana-infused products
facility must be located in the previously established zone and also
meet the following:
a.
The facility, measured from its outer walls, must be a minimum
of one thousand (1,000) feet from any property containing a religious
institution, elementary or secondary school, or child daycare facility.
b.
The facility, measured from its outer walls, must be a minimum
of one thousand (1,000) feet from any property that is zoned residential.
This will also include properties zoned A-1 that contain a previously
established residential use and properties zoned C-2 that have been
approved for a special use permit for a residential use in a commercial
zone.
E. Medical Marijuana Testing Facility. This use will only be permitted
in the I-1 and C-2 zoning district after meeting the following minimum
requirements:
1.
Properties proposed to contain a medical marijuana testing facility
must be located in the previously established zone and also meet the
following:
a.
The facility, measured from its outer walls, must be a minimum
of one thousand (1,000) feet from any property containing a religious
institution, elementary or secondary school, or child daycare facility.
b.
The facility, measured from its outer walls, must be a minimum
of one thousand (1,000) feet from any property that is zoned residential.
This will also include properties zoned C-2 that contain a previously
established residential use and properties zoned I-1 that have been
approved for a special use permit for a residential use in a commercial
zone.
F. Parking For Medical Marijuana Facilities. Parking for medical marijuana facilities will be governed by the provisions of Code Section
400.190, Off Street Parking and Loading Requirements.
G. Signage For Medical Marijuana Facilities. Signage for medical marijuana facilities will be governed by the provisions of Code Section
400.210.
H. Medical marijuana facilities shall not negatively affect adjacent
and surrounding properties by means of being noxious or offensive
by reason of vibration, noise, odor, dust, smoke, gas, light, or glare.
I. Medical marijuana facilities that propose having more than one type
of facility on the same property or within the same building will
be required to follow the regulations for the more-restricted facility.
(For example, as adopted in 2020, a facility containing both a dispensary
and cultivation would be required to locate in the I-1 zone with the
distance requirements for a cultivation facility.)
J. All other applicable regulations not specifically addressed in this
Section will be governed by the provisions of the zoning district
in which the facility is proposed to be located.